Local zoning codes and preferences and state oversight form rigid guardrails along the path to building and operating a shelter.
Newport Beach tagged the “private institutions” and “office-airport” zoning designations as shelter-appropriate. There, shelters are permitted “by right,” meaning they don’t need a special use permit. They would not be permitted by right anywhere else in town unless those areas were rezoned.
The Campus Drive site is zoned office-airport. The 16th Street location is zoned “industrial,” and the one on Superior Avenue is zoned “public facilities.” A 2018 ruling by the U.S. 9th Circuit Court of Appeals restricts cities from prosecuting people for sleeping on public property if no shelter beds are available. That means Newport Beach, like other cities in the West, is constrained on how it can clear homeless people from the streets and must offer shelter before it can enforce anti-camping laws.
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