The URL can be used to link to this page

Home My WebLink About03 - Emergency Shelters��EWP�R = CITY OF NEWPORTBEACH Mp0.N� City Council Staff Report Agenda Item No. 3 February 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner APPROVED: TITLE: Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters - PA2012 -179 for CA2012 -009 ABSTRACT: Pursuant to Housing Element Housing Program HP 5.1.7, of the Newport Beach General Plan, a Zoning Code Amendment is recommended to re- instate a definition of Single Room Occupancy (SRO) Residential Hotels and to add provisions that would permit SROs within the commercial and office zoning districts with the approval of a conditional use permit. Additionally, the proposed amendment is to provide minimum parking standards for emergency shelters. On February 12, 2013, City Council introduced the ordinance amending the Zoning Code in regards to these changes. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2013 -4 (Attachment No. CC 1) approving Zoning Code Amendment No. CA2012 -009. ENVIRONMENTAL REVIEW: All significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (Negative Declaration for the 2008 -2014 Housing Element Update adopted by City Council on November 22, 2011), and the City of Newport Beach intends to use said document for the above noted project. Further there are no mitigation measures that should be considered in conjunction with said project. Copies of the Negative Declaration for the 2008 -2014 Housing Element Update are available for public review and inspection at the Planning Division in the Community 1 Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters - PA2012 -179 for CA2012 -009 February 26, 2013 Page 2 Development Department or at the City of Newport Beach website under archived documents: http:// www. newr)ortbeachca .gov /cegadocuments. NOTICING: Notice of this application was published in the Daily Pilot on February 1, 2013, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: W . Yk4'I'Izr- Kimberly Brand AICP Director Attachments: CC 1 Ordinance No. 2013 -4 2 Attachment No. CC 1 Ordinance No. 2013 -4 3 11 ORDINANCE NO. 2013 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT NO. CA2012 -009 REGARDING SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING REQUIREMENTS FOR EMERGENCY SHELTERS (PA2012 -179). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The 2008 -2014 Housing Element includes Housing Program (HP) 5.1.7 mandating the City to define SRO's within the Zoning Code and permit SROs within the commercial and office districts as previously provided for. 2. In 2008 the State enacted Government Code Sections 65583(a)(4) and 65583(a)(7) (Senate Bill No. 2) which require the City to designate zoning districts where emergency shelters will be allowed without requiring a use permit or other discretionary review. Although the City Zoning Code complies with this requirement, no specific parking standards for emergency shelters were adopted. 3. The City adopted a comprehensive update of the Zoning Code in October of 2010. The definition of Single Room Occupancy (SRO) Residential Hotels and the appropriate Zoning Districts where they are allowed were inadvertently omitted; additionally a specific parking standard for emergency shelters was not identified but rather, deferred to a future conditional use permit process when emergency shelters are permitted by right in two zoning districts. 4. The Planning Commission conducted a public hearing on January 17, 2013, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 5. On January 17, 2013, the Planning Commission adopted Resolution No. 1903 recommending City Council adoption of Code Amendment No. CA2012 -009 which adds a definition and provisions for SRO's and adds minimum parking requirements for Emergency Shelters. 6. A public hearing was held by the City Council on February 12, 2013, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. e City Council Ordinance No. Paoe 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. All significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (Negative Declaration for the 2008 -2014 Housing Element Update adopted by City Council on November 22, 2011), and there are no mitigation measures that should be considered in conjunction with this Code Amendment. The Negative Declaration for the 2008 -2014 Housing Element Update is available on file with the Planning Division at the City of Newport Beach City Hall. SECTION 3. FINDINGS 1. Amendment implements Housing Program HP 5.1.7 of the Newport Beach General Plan Housing Element by amending the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts pursuant to the City's approval of a conditional use permit. 2. Amendment establishes a reasonable minimum parking requirement for emergency shelters. 3. Both amendments implement the goals and programs of the adopted 2008 -2014 Housing Element of the City of Newport Beach General Plan. SECTION 4. DECISION. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Tmplt: 12/15/2011 0 City Council Ordinance No. Pace 3 of 8 Section 1: Table 2 -4 (Allowed Uses and Permit Requirements) included in Section 20.20.020 (Commercial Office Zoning Districts Permit Requirements) is hereby amended to add "SRO Residential Hotel Land Use" and read: Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmplt: 12/15/2011 Commercial Office Zoning Districts Permit Requirements P Permitted by Right "TABLE 2 -4 Conditional Use Permit ALLOWED USES AND PERMIT CUP (Section 20.52.020) REQUIREMENTS Minor Use Permit (Section MUP 20.52.020) Limited Term Permit (Section LTP 20.52.040) — Not allowed Land Use See Part 7 of this title for land use Specific definitions. OA OG OM OR Use Regulations See Chapter 20.12 for unlisted uses. Visitor Accommodations, Nonresidential Hotels, Motels, and Time Shares CUP — CUP — SRO Residential Hotel CUP CUP CUP CUP Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmplt: 12/15/2011 City Council Ordinance No. Pape 4 of 8 Section 2: Table 2 -5 (Allowed Uses and Permit Requirements) included in Section 20.20.020 (Commercial Retail Zoning Districts Permit Requirements) is hereby amended to add "SRO Residential Hotel Land Use" and read: Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmplt: 12/15/2011 2 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right "TABLE 2 -5 Conditional Use Permit (Section ALLOWED USES AND PERMIT CUP 20.52.020) REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) Limited Term Permit (Section LTP 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. CC CG CM CN CV Specific Use Regulations See Chapter 20.12 for unlisted uses. Visitor Accommodations Bed and Breakfast Inns MUP MUP MUP — MUP Section 20.48.060 Hotels and Motels CUP CUP CUP — CUP RV Parks — — — — CUP Time Share Facilities — CUP — — CUP Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmplt: 12/15/2011 2 City Council Ordinance No. Paqe 5 of 8 Section 3: Table 3 -10 (Off- Street Parking Requirements) included in Section 20.20.020 (Commercial Retail Zoning Districts Permit Requirements) is hereby amended to add "Emergency Shelter" to include: Land Use Parking Spaces Required Emergency Shelter ,,., .,y As a! r Geat� ,Use Pre may,.red b ditie 1per 4 beds plus 1 per staff; and if shelter is designed with designated family units then 1/2 parking space per bedroom designated for family units" Section 4: Section 20.70.020 is amended to add "Single Room Occupancy, Residential Hotels (SRO)" to the definition for "Visitor Accomodation (Land Use) and read: Visitor Accommodations (Land Use). 1. "Bed and breakfast inn" means a dwelling unit that offers guest rooms or suites for a fee for less than thirty (30) days, with incidental eating and drinking service provided from a single kitchen for guests only. 2. "Hotel' means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Revenue and Taxation Code Section 7280. 3. "Motel' means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Revenue and Taxation Code Section 7280. 4. 'Recreational vehicle (RV) park" means a lot upon which two or more recreational vehicle sites are located, established, or maintained for occupancy for a rental fee by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Tmplt: 12/15/2011 9 City Council Ordinance No. Paqe 6 of 8 5. "Short-term lodging" means a dwelling unit that is rented or leased as a single housekeeping unit (see "Single housekeeping unit') for a period of less than thirty (30) days, subject to the requirements of Chapter 5.95 (Short-Term Lodging Permits) and any additional standards required by the City Manager. 6. "Single Room Occupancy Residential Hotels (SRO)' means buildings with six or more guest rooms without kitchen facilities in individual rooms or kitchen facilities for the exclusive use of quests and which are also the primary residences of the hotel guests. 7. 'Time share project' means a development in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of an ownership interest in a lot, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include, but not be limited to, time share estate, interval ownership, vacation license, vacation lease, club membership, time share use, hotel /condominium, or uses of a similar nature. 8. 'Time share estate" means a right of occupancy in a time share project that is coupled with an estate in the real property. 9. 'Time share interval' means the period or length of time of occupancy in a time share unit. 10. 'Time share unit' means each portion of the real property or real property improvement in a project that is divided into time share intervals. 11. "Time share use" means a license or contractual or membership right of occupancy in a time share project that is not coupled with an estate in the real property. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Tmplt: 12/15/2011 I& City Council Ordinance No. Page 7 of 8 Section 6: This action shall become final and effective thirty days after the adoption of this Ordinance. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of February, 2013, and adopted on day of _ 2013, by the following vote, to wit: AYES, COUNCIL MEMB NOES, COUNCIL MEMBE ABSENT, COUNCIL MEMBERS MAYOR Keith D. Curry ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, O C O ITY ATTORNEY: ron Harp, City Attorney 5��3 For the City of Newport Beach Tmplt: 12/15/2011 Rai Tmplt: 12/15/2011 City Council Ordinance No. Paoe 8 of 8 12