20.50 (Permit Application Filing and Processing), an

permit for a site located in a residential zone, or in an area where residential uses are provided for in Planned Community Districts, or specific plan districts, shall contain all of the following information as applicable:

1. Applicant Information. The name and address of the applicant, including the name
and address of the lessee, if the property is to be leased and is someone other than the
applicant; and the name and address of the owner of the property for which a
conditional use permit is requested. If the applicant and/or lessee or owner is an
association, corporation, firm, or partnership, then the applicant/ lessee shall provide
the additional names and addresses as follows and the persons shall also sign the
application:

a. Every general partner of the partnership;

b. Every owner with a controlling interest in the corporation; or

c. The person designated by the officers of a corporation as identified in a
resolution of the corporation that is to be designated as the permit holder for the
conditional use permit.

2. Characteristics of Proposed Use. Type of use, hours of operation, types of services
provided on site, types of activities held on site, and typical attendance at activities
held on site.

3. Anticipated Users. Number and types of users anticipated for the proposed use
(including clients, staff, guests, visitors, etc., as appropriate).

4. List of Similar Uses Operated by Applicant in the State of California. A list of
addresses of all operations within the State of California similar to that for which a
conditional use permit or minor use permit is requested that have been owned or
operated by the applicant(s) within the past five years including a statement from the

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City of Newport Beach, CA § 20.52.030 PLANNING AND ZONING § 20.52.030

applicant as to whether any of the uses have been found to be operated in violation of
Federal, State, or local law by Federal, State or local authorities.

5. List of Similar Uses within City. A list of other uses of the same type located in the
City and the authorized capacity of the use. The applicant shall provide evidence of
the need for the proposed use by the residents of the City. The City may complete an
independent review of this data, at the applicant’s expense, to determine whether need
for the use is supported by the evidence.

6. License and Permit History. The license and permit history of the applicant(s), if any,
including whether the applicant(s), in previously operating a similar use in this or
another City, county, or state under license and/or permit has had the license and/ or
permit revoked or suspended, and the reason(s) for the revocation or suspension.

7. Location Map. A location map showing all conditional uses located within three
blocks of the subject site, including property addresses and a site plan showing uses
and structures on adjacent parcels.

8. Operations and Management Plan. An operations and management plan to ensure
compliance with State and local law. If the conditional use permit is for a residential
facility or a commercial use that accommodates overnight stays, the operations and
management plan shall also indicate the number of persons in each bedroom,
maximum number of occupants, typical length of stay, any guest or client rules of
conduct, and procedures for the disposal, if any, of medical waste.

9. Transportation and Parking. Number and location of on-site parking spaces; expected
parking demand and vehicular use; availability of public transportation or other
means to transport clients, staff, guests, and/or visitors to and from the use; and routes
utilized to transport clients, staff, guests, and/ or visitors to and from the use.

E. Project Review and Notice and Hearing Requirements. Each application shall be reviewed
by the Director to ensure that the proposal complies with all applicable requirements of this
Zoning Code.

1. Public Hearing Required. A public hearing shall be conducted prior to any decision
on an application for a conditional use permit.

2. Notice and Hearing Requirements. Notice of the public hearing shall be provided, and
the hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings).

F. Approval, Modification, or Revocation of Conditional Use Permit.

The review authority identified in Table 5-1 (Section 20.50.020) is designated to approve, conditionally approve, or deny applications for conditional use permits in residential zoning districts and the modification or revocation thereof, in compliance with the procedures provided in this section. 2. Decisions of the review authority may be appealed or called for review in compliance with Chapter 20.64. G. Development and Operational Standards. The following standards are applicable to uses granted a conditional use permit in compliance with this section.

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City of Newport Beach, CA § 20.52.030 NEWPORT BEACH CODE § 20.52.030

1. Management and Operation Plan. The use shall be operated in compliance with
applicable State and local law and in compliance with the management and operating
plan and rules of conduct submitted as part of the application for a conditional use
permit or as identified in the conditions of approval for a conditional use permit. Each
plan shall provide a phone number by which the operator may be contacted at all
times. If applicable, the permittee shall comply with the Business License provisions
of Municipal Code Title 5.

2. Operational Standards. These standards are in addition to any other standards
provided for specific uses in this Zoning Code. In order to ensure that conditional uses
in residential zoning districts are operating in a manner that is consistent with Federal,
State, and local law and established industry standards and to ensure that operators do
not have a pattern or practice of operating similar uses in violation of Federal, State,
or local law, all of the standards listed below shall apply:

a. If the facility is not licensed by the State, managers, operators, owners, clients,
visitors, and residents shall not provide any services on site that would require
licensure of the facility in compliance with State law.

b. For uses that allow overnight stays, there shall be no more than two residents, guests, or clients in each bedroom plus one additional resident, guest, or client. The review authority, at his/her discretion, may approve additional occupancy upon request by the applicant and based upon evidence that additional occupancy is warranted and appropriate. In determining whether to allow a different occupancy limit, the review authority shall consider the characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public comfort, health, peace, safety, or welfare of persons residing in the facility or adjacent to the facility will be impacted.

c. The names of all persons and entities with an ownership or leasehold interest in
the use, or who will participate in operation of the use, shall be disclosed in
writing to the City, and these 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 Federal, State, or local law.

d. The operator of the proposed use shall provide a list of the names and addresses
of all similar uses located in the State of California owned or operated by the
operator within the past five years and shall certify under penalty of perjury that
none of these uses has been found by State or local authorities to be operating in
violation of Federal, State, or local law. The Director shall verify this
information.

3. Smoking. Clients, guests, visitors, staff, or any other users of the use shall not smoke
in an area from which the secondhand smoke may be detected on any parcel other
than the parcel upon which the use is located.

H. Findings and Decision. In addition to the findings required by Section 20.52.020(F)
(Findings and Decision), prior to approving or conditionally approving an application for a
conditional use permit in a residential zone or in an area where residential uses are provided
for in Planned Community Districts or specific plan districts the review authority shall find:

1. The use conforms to all applicable provisions of subsection (G) of this section

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City of Newport Beach, CA § 20.52.030 PLANNING AND ZONING § 20.52.030

(Development and Operational Standards);

The project complies with the requirements for off-street parking as provided in Chapter 20.40 (Off-Street Parking) and traffic and transportation impacts have been mitigated to a level of insignificance; 3. The property and existing structures are physically suited to accommodate the use; 4. 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 (e.g., creating an over-concentration of residential care or bed and breakfast uses in the vicinity of the proposed use). In making this finding or sustaining the finding, the Hearing Officer and/or Council shall consider, as appropriate, all of the following factors: a. The proximity of the use location to parks, schools, other conditionally permitted uses of the same or similar type, outlets for alcoholic beverages, and any other uses that could be affected by or affect the operation of the subject use; b. The existence of substandard physical characteristics of the area in which the use is located (e.g., limited available parking, lot widths, narrow streets, setbacks, short blocks), and other substandard characteristics that are pervasive in certain areas of the City of Newport Beach, including portions of Balboa Island, Balboa Peninsula, Corona Del Mar, Lido Isle, Newport Heights, and West Newport, which portions were depicted on a map referred to as the Nonstandard Subdivision Area presented to the Commission on September 20, 2007, and on file with the Director; and c. In the case of residential care uses, whether, in light of the factors applied in subsections (H)(4)(a) and (b) of this section, it would be appropriate to apply the American Planning Association standard of allowing only one or two residential care uses in each block. i. Median block lengths in different areas of Newport Beach widely range from three hundred (300) feet in the nonstandard subdivision areas to as much as one thousand four hundred twenty-two (1,422) feet in standard subdivision areas. ii. The average calculable block length in much of the standard subdivision areas is seven hundred eleven (711) feet and the calculable median block length is six hundred seventeen (617) feet.

iii. The review authority shall apply the American Planning Association standard in all areas of Newport Beach in a manner that eliminates the differences in block lengths.

iv. In making this determination, the review authority shall be guided by
average or median block lengths in standard subdivisions of the City.

v. The review authority shall retain the discretion to apply any degree of
separation of uses that the Hearing Officer deems appropriate in any given
case.

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City of Newport Beach, CA § 20.52.030 NEWPORT BEACH CODE § 20.52.040

vi. A copy of the American Planning Association standard is on file with the
Director.

5. The operation of buses, vans, and other vehicles used to transport residents, clients,
visitors, guests, and/or staff to and from off-site activities or parking areas does not
generate vehicular traffic substantially greater than that normally generated by
residential activities in the surrounding area;

6. 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; and

7. Arrangements for commercial trash collection in excess of usual residential collection
are made within hours that are compatible with and will not adversely affect the peace
and quiet of neighboring properties.

I. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a
conditional use permit application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 2, 2015)