HomeMy WebLinkAbout50 - OB-2 - Attachment 2 - 7/7/2015ATTACHMENT 2
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 16, 2015
ITEM NUMBER:
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
RECOMMENDATION
Jerry Guarracino, AICP (714) 754-5631
jerry.guarracino@costamesaca.gov
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.
ANAI YSIS
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)
i
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THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING.
FINDINGS WITH RESPECT TO THE ADOPTION OF THE FOLLOWING
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the single-family
characteristics of its single-family neighborhoods, which powers have been
recognized by both the California Supreme Court and United States Supreme
Court, the latter of which has stated that, "It is within the power of the legislature to
determine that the community should be beautiful as well as healthy, spacious as
well as clean, well-balanced as well as carefully patrolled"; and
WHEREAS, on October 21, 2014, the City Council of the City of Costa Mesa
adopted 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"; and
WHEREAS, the updated portions of the Land Use Matrix, reflecting the
changes made by Ordinance No. 14-13, were attached to the staff report but were
inadvertently omitted from the Ordinance itself; and
WHEREAS, it was the intent of the City Council to adopt the updated Land
Use Matrix as part of Ordinance No. 14-13; and
WHEREAS, 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; and
WHEREAS, out of an abundance of caution the City Council wishes to
correct any possible procedural deficiencies in the adoption of the updated Land
Use Matrix and to ensure that the Land Use Matrix accurately reflects the City's
Zoning Code; and
WHEREAS, this 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 the City Council
hereby finds 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.
NOW, �O� F O COSTA
'SII 4 O. ORDAIN FOLLOWS:
Section 1: Sections (4) through (g) of 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) are hereby repealed and replaced with the following:
See Exhibit A.
Section 2. Footnote 4 to 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) is hereby 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.
Section 3. Footnote 5 to 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)
is hereby added as follows:
F, 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).
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application
thereof to any person, is for any reason held to be invalid or unconstitutional by the
decision of any court: of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this Ordinance or its application to other
persons. The City Council hereby declares that it would have adopted this
Ordinance and each chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion thereof, irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No
portion of this Ordinance shall supersede any local, state, or federal law,
regulation, or codes dealing with life safety factors.
SectIon 6. This Ordinance shall take effect and be in full force thirty (30) days from
and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same.
Adopted this day of 12015
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA )
CITY OF COSTA MESA )
Steve Mensinger, Mayor
1� —
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, California, do
hereby certify that the foregoing Ordinance was introduced at the regular meeting
of the City Council held on the day of , 2015, and thereafter at the
regular meeting of said City Council duly held on the day of , 2015,
was duly passed and adopted by the following vote, to wit:
Brenda Green
City Clerk of the City of Costa Mesa
Table •
Mesa Land Use Matrixi
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