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Home My WebLink About57 - PH-4 - Ordinance of the City Council Amending - 6/16/2015CITY COUNCIL AGENDA REPORT MEETING DATE: June 16, 2015 ITEM NUMBER: PH -4 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TABLE 13-30 (LAND USE MATRIX) OF CHAPTER IV (CITYWIDE LAND USE MATRIX) TITLE 13 (ZONING CODE OF THE COSTA MESA MUNICIPAL CODE) TO REFLECT CHANGES MADE BY CODE AMENDMENT CO -14-03, AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 14-13 (GROUP HOMES) ON OCTOBER 21, 2014 FROM: COMMUNITY IMPROVEMENT DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: JERRY GUARRACINO, AICP, ASSISTANT DIRECTOR DATE: JUNE 2, 2015 FOR FURTHER INFORMATION CONTACT: Jerry Guarracino, AICP (714) 754-5631 jerry.guarracino@costamesaca.gov RECOMMENDATION 1. City Council conduct the first Public Hearing and give the first reading to Ordinance No. 15 -XX, to be read by title only, and waive further reading; and 2. City Council schedule the second reading to Ordinance No. 15 -XX, to be read by title only, and waive further reading, for July 7, 2015. BACKGROUND On October 21, 2014 the City Council adopter Ordinance No. 14-13, titled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 13-6 (DEFINITIONS) OF ARTICLE 2 (DEFINITIONS) OF CHAPTER I (GENERAL), ADDING CHAPTER XV (GROUP HOMES), AND REPEALING AND REPLACING ARTICLE 15 (REASONABLE ACCOMMODATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS), OF TITLE 13 (ZONING CODE) AND AMENDING THE CITY OF COSTA MESA LAND USE MATRIX - TABLE NO. 13-30 OF CHAPTER IV. (CITYWIDE LAND USE MATRIX) OF THE COSTA MESA MUNICIPAL CODE RELATING TO GROUP HOMES". At that time the updated portion of the Land Use Matrix, reflecting the changes made by Ordinance No. 14-13, was attached to the staff report but was inadvertently omitted from the Ordinance itself. As is evident from the Title of Ordinance No. 14-13, it was the intent of the City Council to adopt the updated Land Use Matrix as part of that Ordinance. Consistent with that intent, City staff has enforced Ordinance No. 14-13 and the updated Land Use Matrix as the current law in the City of Costa Mesa since the adoption of Ordinance No. 14- 13. Out of an abundance of caution, the proposed Ordinance would correct any possible procedural deficiencies in the adoption of the updated Land Use Matrix and would ensure that the Land Use Matrix accurately reflects the City's Zoning Code. ANALYSIS The previously adopted Ordinance No. 14-13, provided the regulatory framework to limit the number of people in a group home and to prevent the overconcentration of sober living homes in single-family residential neighborhoods. The regulation establishes a Special Permit Application for group homes operating in single-family neighborhoods, and establishes reasonable operating standards on these uses to ensure that they do not generate the type of secondary impact that would be out of character for the neighborhood, while still furthering the purpose of the FEHA, the FHAA and the Lanterman Act. The proposed Ordinance is a technical update only and makes no change to the Code that was adopted by Ordinance No. 14-13. The new Ordinance simply reflects the previously approved changes to the code in the Land Use Matrix for clarity and consistency purposes. More specifically the proposed Ordinance would modify Table 13-30 (Land Use Matrix) of Section 13-30 (Purpose) of Chapter IV (Citywide Land Use Matrix) of Title 13 (Planning Zoning and Development) as follows: 1. Section (4) through (9) of Table 13-30 would be repealed and replace with text as shown on "Attachment 1 — Exhibit A." 2. Footnote 4 is repealed and replaced with the following: 4 For the purposes of this table, the symbols shall have the following meaning: C — Conditional Use Permit; MC — Minor Conditional Use Permit; P — Permitted; • - Prohibited; and S — Special Use Permit. 3. Footnote 5 is added as follows: 5 650 foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities in the R1 zone. CMMC 13-311(a)(10)(i). CEQA Analysis The Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. CONCLUSION The proposed Ordinance is a technical amendment to the Land Use Matrix reflecting Zoning Code changes previously approved by the City Council of the City of Costa Mesa through adoption of Ordinance No. 14-13 on October 21, 2014. The Matrix was included in the staff report, but was inadvertently omitted from Ordinance No 14-13. Out of an abundance of caution, the proposed Ordinance would correct any possible procedural deficiencies in the adoption of the updated Land Use Matrix and would ensure that the Land Use Matrix accurately reflects the City's Zoning Code. JERRY GUARRACINO, AICP Assistant Director Community Improvement Division Attachments: 1. Draft Ordinance GARY ARMSTRONG, AICP Economic & Development Services Director/ Deputy CEO cc: Chief Executive Officer Assistant Chief Executive Officer Economic & Development Services Director / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2)