HomeMy WebLinkAbout33 - OB-2 - Attachment 2 - 11/17/2015CITY COUNCIL
SUPPLEMENTAL MEMORANDUM
MEETING DATE: NOVEMBER 17, 2015
SUBJECT: SECOND READING OF ORDINANCE NOS. 15-11 AND 15-13 FOR CODE AMENDMENT
NO. CO -15-04
DATE: NOVEMBER 12, 2015
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MEL LEE, SENIOR PLANNER
FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611
mel.lee@costamesaca.gov
The purpose of this memo is to receive additional input from the City Council regarding
the following question posed by a councilmember:
Question:
Can the City regulate the vehicles that pick up and drop off clients at group homes and
state licensed facilities via the proposed ordinances?
Response:
In general, the City can regulate the pick-up and drop-off of residents at group homes
and state licensed facilities of 7 or more by including specific requirements in the
conditional use permits (CUPs). The City cannot impose specific equipment related
restrictions on vehicles or their drivers that conflict with the Vehicle Code or applicable
state law. However, the Planning Commission can add explicit conditions to the CUP
requiring compliance with the Vehicle Code and DMV regulations, so that non-
compliance could be grounds for revocation of the CUP. Ordinance No. 15-11 (Chapter
16 of Title 13) does not need to be amended to enable the Planning Commission to do
so, since the City has the inherent authority to impose these conditions via the CUP that
are related to the use of the property.
In addition, the Operator's Permit requirements of Ordinance No. 15-13 (Article 23 of
Chapter 2 of Title 9) are subject to the general provisions of Title 9, section 9-19, that
allows for the revocation or suspension of permits where the applicant or permittee "has
violated any provisions of the business tax ordinance or any other provisions of the
Costa Mesa Municipal Code, or any other provision of law." Accordingly, failure to
comply with the applicable Vehicle Code requirements could form the basis for
revocation of an operator's permit. However, the City Council retains the option of
revising either ordinance to include specific regulation regarding vehicles. Such
revision, if done tonight, would require a second reading of the revised ordinance.
Alternatively, staff could bring a revised ordinance back with proposed language for
introduction at a future meeting.
MEL LEE, AICP
Senior Planner
GARY ARMSTRONG, AICP
Director of Economic Development &
Development Services / Deputy CEO
cc: Chief Executive Officer
Assistant Chief Executive Officer
Director of Economic & Development / Deputy CEO
City Attorney
Public Services Director
Transportation Svs. Mgr.
City Engineer
Staff (7)
File (2)