HomeMy WebLinkAbout12 - PH-2 - Code Amendment CO-17-02 to Amend Section - 4/18/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 18, 2017
ITEM NUMBER: PH -2
SUBJECT: CODE AMENDMENT CO -17-02 TO AMEND SECTIONS OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE (PLANNING, ZONING AND DEVELOPMENT), RELATING TO
GROUP HOMES, RESIDENTIAL CARE FACILITIES, AND REASONABLE
ACCOMMODATION; AND
CODE AMENDMENT CO -17-02 TO AMEND VARIOUS SECTION OF TITLE 9 OF THE
COSTA MESA MUNICIPAL CODE REGARDING OPERATOR'S PERMITS FOR GROUP
HOMES OF SEVEN OR MORE LOCATED IN THE CITY'S MULTI -FAMILY ZONES
DATE: APRIL 6, 2017
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: SHERI VANDER DUSSEN, AICP, INTERIM ASSISTANT
DIRECTOR
FOR FURTHER INFORMATION CONTACT:
RECOMMENDATION:
Sheri Vander Dussen (714) 754-5617
Sheri.vanderdussen(aDcostamesaca.gov
1. Combine the public hearings for these two code amendments into a single
hearing.
2. Introduce for first reading Ordinance No. 17-xx adopting Code Amendment CO -17-
02 to amend various sections of Title 13 of the Costa Mesa Municipal Code
regarding group homes and reasonable accommodation, as presented to the
Planning Commission (Attachment 1); or
3. Introduce for first reading Ordinance No. 17-xx adopting Code Amendment CO -17-
02 to amend various sections of Title 13 of the Costa Mesa Municipal Code
regarding group homes and reasonable accommodation, as recommended by the
Planning Commission (Attachment 3); and
4. Introduce for first reading Ordinance No. 17-xx adopting Code Amendment CO -17-
02 to amend various sections of Title 9 of the Costa Mesa Municipal Code
regarding operator's permits for group homes of seven or more located in the MFR
Zones (Attachment 4).
ANALYSIS:
The first ordinance will modify Title 13 of the Costa Mesa Municipal Code (CMMC) with
regard to group homes, state licensed facilities and boardinghouses in the Multiple-
Family and Single -Family Residential zones and Planned Development zones. The
revisions are intended to better conform the City's review of these applications to
applicable state and federal law, and provide additional protections for residents of
these facilities.
The second ordinance will modify Title 9 of the CMMC to amend the requirements for
operator's permits for group homes serving seven or more residents in the City's multi-
family residential (MFR) zones.
Background
On October 21, 2014, the City Council adopted Ordinance 14-13 revising Title 13 of the
CMMC to add Chapter XV, which established conditions for granting a special use
permit to group homes, residential care facilities and alcohol and drug treatment
facilities serving six or fewer residents in the City's single-family residential (R1) zones.
On November 17, 2015, the City Council adopted Ordinance 15-11 to add Chapter XVI,
which established conditions for granting a special use permit to group homes,
residential care facilities and alcohol and drug treatment facilities serving six or fewer
residents, and a conditional use permit to such facilities serving seven or more
residents in the City's multiple family residential zones (R2 -MD, R2 -HD, R3 PDR -MD,
PDR -HD, PDR -NCM, PDC, and PDI).
Pursuant to the Health & Safety Code, facilities licensed by the state of California
Departments of Social Services or Health Care Services to provide services to six or
fewer residents are deemed to be residential uses and are generally not subject to local
regulation other than those that apply to similarly situated dwellings. However,
unlicensed facilities serving six or fewer residents, and all licensed and unlicensed
facilities serving seven or more residents, are subject to compliance with the City's
zoning regulations. Persons who are recovering from addiction to drugs and/or alcohol
are considered to be disabled under state and federal law. The City cannot treat these
residents differently than it treats residents who are not disabled.
Pursuant to these ordinances, the City has received and decided the following
applications:
The Planning Commission reviewed the proposed ordinance at its meeting of March 27,
2017. By a vote of 4-0, with Commissioner Navarro Woods absent, the Commission
voted to recommend that the City Council adopt the proposed ordinance, with several
modifications. The Commission specified that only certain revisions should be adopted,
Apps
Apps
Apps
Apps
Appeals to
received
approved
denied
pending
Council
Special Use
19
11
4
4
4
Permits
Conditional
26
1
3
22
4
Use Permits
The Planning Commission reviewed the proposed ordinance at its meeting of March 27,
2017. By a vote of 4-0, with Commissioner Navarro Woods absent, the Commission
voted to recommend that the City Council adopt the proposed ordinance, with several
modifications. The Commission specified that only certain revisions should be adopted,
and proposed additional provisions. An excerpt of the minutes of the Planning
Commission meeting is included as Attachment 4 to this report. The staff report
presented to the Commission is Attachment 5. The Commission's recommendations
will be described following the description of each proposed amendment.
Proposed Code Amendment: Revisions to the Zoning Code (Title 13)
The proposed revisions will modify the review process for group homes subject to the
requirements of Ordinances 14-13 and 15-11. The modifications will clarify findings
required to approve requests for reasonable accommodations and will allow decisions
on reasonable accommodation to be appealed to the City Council. The revisions will
change the permit requirement for group homes serving seven or more residents to a
minor conditional use permit instead of a conditional use permit. The revisions would
also add requirements for operators to follow in cases where a resident is involuntarily
discharged, and specify that vehicles serving the group home must comply with the
operational requirements of the Vehicle Code.
Reasonable Accommodation
A reasonable accommodation may be requested when strict compliance with one or
more of the City's standards is not feasible because it would deny the disabled equal
opportunity to use and enjoy a dwelling. Under the federal Fair Housing Amendments
Act, the City is required to make reasonable accommodations from the Zoning Code.
While reasonable accommodation requests are often filed in connection with
applications for group homes and residential care facilities, these procedures are
available to all applicants. Requests for reasonable accommodation are reviewed and
decided by the Director of Economic and Development Services. Decisions of the
Director are posted online and may be appealed within seven days to the Planning
Commission.
Revisions to Section 13-200.62 of the CMMC will make the following changes:
• The standard of review for an appeal is changed to a de novo hearing, meaning
the Planning Commission may consider the project in its entirety. Further, the
decision of the Planning Commission is made appealable to the City Council.
These changes bring Section 13.200.62 into conformance with the procedures
for virtually all other appeals. Currently, the Code specifies that appeal hearings
shall not be de novo, and that there shall be no appeal of the Planning
Commission's decision to the City Council.
• The grounds on which to evaluate requests for reasonable accommodation have
been clarified. For example, the Director may consider the scale and intensity of
residential uses in the surrounding neighborhood when evaluating an
accommodation request, or potential adverse external impacts on properties in
the vicinity. The standard for evaluation of economic impacts now indicates
that this finding applies to relevant market participants generally, not just to a
particular applicant.
Planning Commission Recommendation: The Planning Commission supported these
revisions to the provisions addressing reasonable accommodation. They are reflected
in both attached ordinances.
Review process for group homes in multi -family zones containing seven or more
residents
Currently, group homes serving seven or more residents require approval of a
conditional use permit (CUP). CUPs are reviewed and decided by the Planning
Commission at a noticed public hearing. The proposed revisions will streamline the
review process by requiring a Minor CUP instead. A Minor CUP is decided by the
City's Zoning Administrator. The findings required to approve a minor CUP and a
regular CUP are the same. Notice is given of the pending action in the same manner
as notice is given for Planning Commission hearings; however, the Zoning
Administrator does not hold a public hearing. Instead, the Zoning Administrator
considers all written input provided by a specified date before rendering a decision.
The Zoning Administrator may approve, deny or conditionally approve a minor CUP.
Decisions of the Zoning Administrator are published on the City's website and may be
appealed to the Planning Commission. Appeals will be considered by the Planning
Commission at a fully noticed public hearing. Decisions of the Planning Commission on
such appeals may be appealed to the City Council. Again, appeals will be considered
by the City Council at a noticed public hearing.
The Zoning Code identifies more than two dozen land uses that are subject to review
and approval of a minor CUP. This review process is generally employed when
decisions are to be based on compliance with standards set forth in the Zoning Code.
In the case of group homes, the City has adopted detailed regulations governing the
location and operation of group homes. These standards lend themselves to the
streamlined procedure available through the Minor CUP process. It is intended that this
modification to permit requirements will be retroactive, meaning all CUP applications on
file will be processed as Minor CUPs.
Planning Commission Recommendation: The Planning Commission did not support
this proposal to require minor CUPs for group homes and drug and alcohol treatment
facilities in residential zones. The Planning Commissioners indicated that public input
was an important component of the review of group home applications and wished to
maintain the requirement to decide these applications after a public hearing. The
ordinance presented as Attachment 3 reflects this recommendation.
Review process for group homes in single-family and multi -family zones
containing six or fewer residents
Facilities licensed by the state to care for up to six residents are exempt from local
regulation per state law. However, unlicensed group homes serving up to six residents
in any residential zone must obtain approval of a Special Use Permit (SUP). Presently,
the Director of Economic and Development Services is authorized to approve or deny
these permits, based on the facility's compliance with the adopted standards for
location and operation. If the facility is located in the R-1 zone and does not comply,
the Director currently is obligated to hold a hearing prior to making a determination to
deny the application. For properties in the MFR zones, the director is not required to
hold a hearing to deny an application, but has been doing so as a matter of course.
Given that the Director has very limited ability to approve an application that does not
comply with the City's standards, the hearing has not proven to be relevant to the
decision process. The proposed revisions would provide consistency between the
requirements for R-1 and MRF zones, and allow the Director to make a determination to
approve or deny a SUP without holding a hearing. Decisions would still be posted on
the City's website and appealable to the Planning Commission and the City Council.
This provision is also intended to be retroactive to applications already on file.
Planning Commission Recommendation: The Planning Commission supported this
modification to make consistent the procedures for denying SUPs in the single-family
and multi -family zones.
Staff would like to propose an amendment to the draft language. This language was
not discussed with the Commission. Staff believes it is appropriate for the Director to
hold a hearing prior to revocation of any SUP; this process would give the operator an
opportunity to present evidence to the Director as to why an issued permit should not
be revoked. This process is also consistent with the existing provisions of the Title 9
operator's permit procedures. If the Director can revoke the permit solely based on a
determination, the operator would have to pay for an appeal of the Director's decision to
the Planning Commission in order to present evidence. Staff recommends that Section
13-311 be revised as follows:
(b) The special use permit shall be issued by the director as a ministerial matter if the
applicant is in compliance or has agreed to comply with subsections (a)(1) through
(ate) above. The issuance of the special use permit shall be denied upon a
determination, and if already issued; any transfer shall be denied e revoked, upon a
hearing, by the director under any of the following circumstances...
This change has been incorporated into Attachments 1, 2 and 3.
Eviction/involuntary termination of residency
The Zoning Code already requires a facility operator to take certain steps when a
resident is evicted or involuntarily discharged from the facility. These steps are
intended to protect residents in recovery at the facility. For group homes of any size
located in the MFR zones, the operator must make available transportation to the
address listed on the resident's driver's license or permanent address. The group
home operator may not satisfy this requirement simply by providing payment for such
transportation. The proposed amendment would add the following provisions:
• The for group homes of 6 or fewer located in the R-1 zones, adds the
requirement from the MFR zones that the operator must make available
transportation to the address listed on the resident's driver's license or
permanent address.
• For all group homes, the operator must notify the resident's emergency contact
or contact of record that the resident is no longer living at the facility.
• The operator must contact the Orange County Health Care Agency's OC Links
Referral Line to determine what services, if any, might be available to the
resident. Any information obtained must be shared with the resident prior to their
release.
• The operator must contact the City's Network for Homeless Solutions and
determine what services, if any, might be available to the resident. Again, this
information must be provided to the resident prior to release.
• The operator must maintain records for a period of one year following eviction or
involuntary termination of the resident to document compliance with these notice
provisions.
Staff is making these recommendations in part because residents in group homes
come from all parts of the country. As such, those from outside of the area often lack a
local support system and are especially vulnerable to becoming homeless. These new
requirements are intended to minimize the opportunity for the resident to become
homeless immediately upon involuntary separation from the group home.
Planning Commission Recommendation: The Planning Commission supported these
revisions. They appear in both attached ordinances amending Title 13.
Compliance with Vehicle Code
The new provisions will reinforce the obligations of drivers making deliveries of supplies
or passengers to comply with all applicable provisions of the California Vehicle Code,
such as those related to parking, stopping and licensure.
Planning Commission Recommendation: The Planning Commission did not include
these revisions to the Vehicle Code in its recommendation. However, the Commission
did not discuss any objections to these provisions. Nevertheless, these provisions are
not included in Attachment 3.
Required Separation between Group Homes
The zoning code requires group homes serving those in recovery to be at least 650 feet
from any other similar group home. The proposed amendment will maintain this
standard, and it will add language that would allow the Director of Economic and
Development Services to allow a smaller separation if it can be determined that such
location will not result in an over -concentration of similar uses in the neighborhood.
The intent of the separation requirement was to prevent the over -concentration of group
homes in a single block. Sometimes, a group home located two streets away from the
subject facility will create a separation issue, or the separation between an existing and
proposed facility is almost 650 feet. Approval of the proposed language will provide the
Director with more latitude to approve a location that is consistent with the City's intent
to avoid over -concentration of group homes in a block.
Planning Commission Recommendation: The Planning Commission did not support
this modification. The Commissioners indicated that the City should strive to maintain
the specified separation between facilities. These provisions are not included in
Attachment 3.
Additional Modifications proposed by the Planning Commission
The Planning Commission recommended the following additions to the ordinance.
• Minor Revisions to Section 13-311
The Planning Commission inserted the words "an occupant's" to certain sentences in
sections 13-311(a)l 0 and 11 and 13-322(a)4 and 5 to clarify that the provisions apply to
the involuntary termination of eviction of an occupant. Staff has no objections to the
proposed changes, which have been incorporated into all ordinances attached to this
report.
• Restrictions on Number of Occupants on Parole or Probation
The Planning Commission recommended that the number of persons on probation or
parole be limited to one in each facility. The Commissioners noted that the City of
Orange imposes such a prohibition. Staff does not support this recommendation, as
state law restricts where persons falling into these categories may reside; such a
provision would likely be preempted by state law. This type of restriction was
considered and rejected during the initial drafting of Ordinance 14-13, notwithstanding a
similar prohibition in the City of Orange's group home ordinance. This revision has not
been incorporated into Attachment 3.
• Collection of Transient Occupancy Tax
The Planning Commission recommended that the City require operators to pay
Transient Occupancy Tax (TOT) on stays shorter than 30 days in group homes or
licensed alcohol and drug treatment facilities in a residential zone. If the City Council
wishes to collect TOT, staff recommends that the Council initiate an effort to impose
this tax on all short-term rentals throughout the City. This revision has not been
incorporated into Attachment 3.
• Noticing Requirements for Group Homes
The motion adopted by the Planning Commission did not technically include
modifications to noticing for group homes, but a review of the tape of the meeting led
staff to conclude that the Commission did intend to include this change in its
recommendation. The Municipal Code specifies that notices for public hearings held by
the Planning Commission shall be provided to all owners of property within 500 feet of
the subject property, when mailed notice is required. The Planning Commission
recommended that the City expand the distance to include all properties within 650 feet
of a group home or licensed alcohol and drug treatment facility in a residential zone.
Should the City Council wish to expand the noticing boundaries, staff recommends that
the Council direct the staff to initiate an amendment to the zoning code that would apply
the new notice requirements to all public hearings conducted by the Planning
Commission. This revision has not been incorporated into Attachment 3.
Proposed Code Amendments to Title 13:
Revisions to Title 9 Operator's Permit Requirements
Ordinance 17-xx revises Section 9-374 of Article 23 (Group Homes) of Chapter II
(Regulation of Certain Businesses) of Title 9 (Licenses and Business Regulations)
relating to the requirements for issuance of an operator's permit. The two proposed
revisions mirror the additions to the Special Use Permit for involuntary termination of
occupancy and compliance with the Vehicle Code discussed above. Because
Ordinance 17-xx does not revise the Zoning Code, it was not presented to the Planning
Commission.
ENVIRONMENTAL DETERMINATION:
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 CEQA
because there is no possibility that the proposed amendment to the Zoning Code will
have a significant effect on the environment.
LEGAL REVIEW:
The draft ordinance has been reviewed and approved as to form by the City Attorney's
Office.
CONCLUSION:
Staff recommends that the City Council adopt revisions to the regulations for group
homes and licensed drug and alcohol treatment facilities in residential zones.
Attachment 1 is the draft ordinance presented to the Planning Commission and described
in this report. Attachment 3 is the draft ordinance as recommended by the Planning
Commission. Attachment 4 is the draft ordinance making changes to the requirements
for operator's permits in Title 9. The revisions to Title 9 are consistent with the proposed
changes to Title 13, as recommended by the Planning Commission and staff.
SHERI VANDER DUSSEN, AICP
Interim Assistant Director
ATTACHMENTS:
JAY TREVINO, AICP
Development Services Department
Consultant
1.
Draft Ordinance amending Title 13 —
Clean Version
2.
Draft Ordinance amending Title
13
— Revisions
Depicted
3.
Draft Ordinance as recommended
by
the Planning
Commission
4.
Draft Ordinance amending Title 9
5.
Excerpt of Minutes of the Planning
Commission
meeting of March 27, 2017
6.
Staff Report and Attachments prepared
for Planning
Commission Meeting of March 27, 2017
ATTACHMENT 1
Clean Version
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING TABLE 13-30
OF SECTION 13-30 OF CHAPTER IV (CITYWIDE
LAND USE MATRIX), SECTION 13-200.62
(REASONABLE ACCOMMODATION -OF ARTICLE
15 (REASONABLE ACCOMODATIONS) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS)
AND CHAPTER XV (GROUP HOMES), CHAPTER
XVI (GROUP HOMES AND RESIDENTIAL CARE
FACILITIES IN THE R2, R3, PDRLD, PDRMD, AND
PDRHD ZONES) OF TITLE 13 (PLANNING, ZONING
AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the residential
characteristics of its R2MD, R2HD, and R3 zones; and planned development
residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against
equal housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to
free the handicapped, to the extent possible, from institutional style living; and to
ensure that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a
dwelling is enjoyed by the non -handicapped; and
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WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity
to use and enjoy a dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities
to treat state licensed residential care facilities serving six or fewer as a residential
use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 38 months, from January 2014 to March 2017,
the City experienced an increase of 84% in the number of sober living facilities and
residential care facilities in the multiple -family residential zones. Those new
facilities resulted in an increase of 715 beds, which is a 113% increase in beds
since January of 2014. As of March 1, 2017 the City had a total of 115 residential
care facilities in the multi -family residential zones, with an estimated 1347 beds to
treat drug and alcohol addiction; and
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 1,748 alcohol and drug recovery beds, divided as follows: 63 state
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licensed residential facilities/certified alcohol and drug programs in residential
zones with six or fewer occupants, providing 352 beds; 19 state licensed facilities
with seven or more occupants providing 269 beds; 97 unlicensed sober living
homes in all residential zones, providing 1,127 beds; included in those 97 homes
are 10 homes that have been issued Special Use Permits per the R1 Ordinance,
providing 60 beds; and 1 approved CUP application per the MFR Ordinance,
providing 11 beds;
WHEREAS, the City of Costa Mesa is currently home to almost 29% of the
state licensed residential drug and alcohol treatment facilities in Orange County,
while the City holds 3.6% of the County's population; thus, it is reasonable to infer
that unlicensed sober living homes are locating in the City at a higher concentration
than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, because of their extremely transient populations, above -
normal numbers of individuals/adults residing in a single dwelling and the lack of
regulations, sober living facilities present problems not typically associated with
more traditional residential uses, including but not limited to: the housing of large
numbers of unrelated adult who may or may not be supervised; disproportionate
numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on -street parking; excessive noise and
outdoor smoking, which interferes with the use and enjoyment of neighbors' use
of their property; neighbors who have little to no idea who does and does not reside
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in the home; little to no participation in community activities that form and
strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to
the neighborhood; disproportional impacts from the average dwelling unit to nearly
all public services including sewer, water, parks, libraries, transportation
infrastructure, fire and police; a history of congregating in the same general area;
and the potential influx of individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a
single dwelling or congregating sober living homes in close proximity to each other
does not provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential
surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize impacts to the surrounding neighborhood; and
that the secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, the residents of group and sober living homes come to the City
from all parts of the country and often lack established ties to the community and
lack a local support system independent of the group or sober living home and are
El
especially vulnerable to becoming homeless upon eviction; and some such evicted
resident have in fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group
and sober living homes provide the residents information regarding the available
local housing resources prior to eviction from a home; 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Section 13-200.62 of Article 15 (Reasonable Accommodations) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and
Development) is hereby amended as follows:
Sec. 13-200.62. - Reasonable accommodations—Procedure.
(a) Application required. An application for a reasonable accommodation shall
be filed and processed with the planning division. The application shall
include the following information and be subject to the determinant factors
required by this section.
(b) Submittal requirements. The application shall be made in writing, and
shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which
accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled
under state or federal law, and why the accommodation is necessary to
provide equal opportunity for housing and to make the specific housing
available to the individuals;
(3) Any other information that the director reasonably determines is
necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability;
(b) applying on behalf of one (1) or more individuals with a disability; or
(c) a developer or provider of housing for one (1) or more individuals with
a disability;
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(5) The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested
by the applicant is necessary to provide one (1) or more individuals with
a disability an equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is
necessary to determine whether the findings required by subsection (e)
can be made, so long as any request for information regarding the
disability of the individuals benefited complies with fair housing law
protections and the privacy rights of the individuals affected.
(c) Fees. No application fee is required.
(d) Director action. Within sixty (60) days of receipt of a completed
application, the director shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and
the modification or revocation thereof in compliance with this chapter. Any
appeal to reasonable accommodation request denial or conditional approval
shall be heard with, and subject to, the notice, review, approval, and appeal
procedures prescribed for any other discretionary permit.
(e) Grounds for reasonable accommodation. The following factors shall be
considered in determining whether to grant a requested accommodation:
(1) Is the requested accommodation necessary to afford a disabled person an
equal opportunity to use and enjoy a dwelling? To determine whether the
accommodation is necessary, the director may consider, among other
things: The nature of the disability including the special needs created by
the disability, the physical attributes and setting of the property and
structures, the potential benefit that can be accomplished by the requested
accommodation, and alternative accommodations that may provide a
comparable level of benefit.
(2) Is the requested accommodation reasonable? A requested
accommodation is not reasonable if it would impose an undue financial or
administrative burden on the City. It is also not reasonable if it would
fundamentally alter a City program, such as the City's zoning scheme.
(A) In considering the financial or administrative burden on the City, the
director may consider, among other things, the extent to which the
City would have to dedicate resources, such as staff time and funds,
to grant the request and other requests like it.
Bl In considerina the potential alteration to a Citv Droaram. such as the
City's zoning scheme, the director may consider, among other
things, whether granting the request would be consistent with the
City's General Plan, with the purpose and nature of the particular
zoning district, and with nearby uses. The director may also consider
whether the reauested accommodation would Dotentiallv have
adverse external impacts on properties in the vicinity.
0
(f) Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following
findings, all of which are required for approval. In making these findings, the
director may approve alternative reasonable accommodations which provide
an equivalent level of benefit to the applicant.
(1) The requested accommodation is requested by or on the behalf of
one (1) or more individuals with a disability protected under the fair
housing laws.
(2) The requested accommodation is necessary to provide one (1) or
more individuals with a disability an equal opportunity to use and enjoy a
dwelling.
(3) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law.
(4) The requested accommodation is consistent with surrounding uses in
scale and intensity of use.
(5) The requested accommodation will not, under the specific facts of the
case, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's
showing that the requested accommodation is necessary, then a finding
that the requested accommodation is necessary to make facilities of a
similar nature or operation economically viable in light of the particularities
of the relevant market and market participants generally, not just for that
particular applicant.
(7) Whether the existing supply of facilities of a similar nature and
operation in the community is sufficient to provide individuals with a
disability an equal opportunity to live in a residential setting.
(8) The requested accommodation will not result in a fundamental
alteration in the nature of the city's zoning program.
(g) The city may consider, but is not limited to, the following factors in
determining whether the requested accommodation would require a
fundamental alteration in the nature of the city's zoning program.
(1) Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in
traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's general plan or an
applicable specific plan.
(4) Whether the requested accommodation would create an
institutionalized environment due to the number of and distance between
facilities that are similar in nature or operation.
7
(5) Any other factors that would cause a fundamental alteration in the
city's zoning program, as may be defined in the Fair Housing Law.
Section 2: Section 13-311 of Chapter XV (Group homes) of Title 13 (Planning,
Zoning and Development) is hereby amended as follows:
Sec. 13-311. - Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may
locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the
following: (1) the name, address, phone number and driver's license
number of the owner/operator; (2) the name, address, phone number
and driver's license number of the house manager; (3) a copy of the
group home rules and regulations; (4) written intake procedures; (5) the
relapse policy; (6) an affirmation by the owner/operator that only
residents (other than the house manager) who are handicapped as
defined by state and federal law shall reside at the group home; (7) blank
copies of all forms that all residents and potential residents are required
to complete; and (8) a fee for the cost of processing of the application as
set by resolution of the city council. No person shall open a group home
or begin employment with a group home until this information has been
provided and such persons shall be responsible for updating any of this
information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house
manager, but in no event shall have more than seven (7) occupants. If
the dwelling unit has a secondary accessory unit, occupants of both units
will be combined to determine whether or not the limit of six (6)
occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit
unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group
home or any multiple of persons acting as a house manager who are
present at the group home on a twenty -four-hour basis and who are
responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit
shall, at all times, be available for the parking of vehicles. Residents and
the house manager may each only store or park a single vehicle at the
dwelling unit or on any street within five hundred (500) feet of the
dwelling unit. The vehicle must be operable and currently used as a
primary form of transportation for a resident of the group home.
(6) Occupants must not require and operators must not provide "care
and supervision" as those terms are defined by Health and Safety Code
Section 1503.5 and Section 80001(c)(3) of title 22, California Code of
Regulations.
(7) Integral group home facilities are not permitted. Applicants shall
declare, under penalty of perjury, that the group home does not operate
as an integral use/facility.
(8) If the group home operator is not the property owner, written approval
from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes,
municipal code and zoning.
(10) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(11) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home, the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
arovide this information to the occuaant arior to his or her release:
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii; provided, however, that nothing in this section shall require an
oaerator of a aroua home to violate anv arovision of state or federal law
regarding confidentiality of health care information.
(12) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code, including but not limited to those provisions regulating
licensure and parking, standing and stopping.
(13) In addition to the regulations outlined above, the following shall also
apply to sober living homes:
i. The sober living home is not located within six hundred fifty (650)
feet, as measured from the closest property lines, of any other sober
living home or a state licensed alcoholism or drug abuse recovery or
treatment facility, unless the director determines that such location
will not result in an over -concentration of similar uses.
9
ii. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not
limited to, Alcoholics Anonymous or Narcotics Anonymous and the
sober living home must maintain current records of meeting
attendance. Under the sober living home's rules and regulations,
refusal to actively participate in such a program shall be cause for
eviction.
iii. The sober living home's rules and regulations must prohibit the
use of any alcohol or any non-prescription drugs at the sober living
home or by any recovering addict either on or off site. The sober
living home must also have a written policy regarding the
possession, use and storage of prescription medications. The facility
cannot dispense medications but must make them available to the
residents. The possession or use of prescription medications is
prohibited except for the person to whom they are prescribed, and in
the amounts/dosages prescribed. These rules and regulations shall
be posted on site in a common area inside the dwelling unit. Any
violation of this rule must be cause for eviction under the sober living
home's rules for residency and the violator cannot be re-admitted for
at least ninety (90) days. Any second violation of this rule shall result
in permanent eviction. Alternatively, the sober living home must
have provisions in place to remove the violator from contact with the
other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit
set forth in Penal Code Section 3003.5 and does not violate the
distance provisions set forth in Penal Code Section 3003.
v. The sober living home shall have a written visitation policy that
shall preclude any visitors who are under the influence of any drug
or alcohol.
vi. The sober living home shall have a good neighbor policy that
shall direct occupants to be considerate of neighbors, including
refraining from engaging in excessively loud, profane or obnoxious
behavior that would unduly interfere with a neighbor's use and
enjoyment of their dwelling unit. The good neighbor policy shall
establish a written protocol for the house manager/operator to follow
when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following
services as they are defined by Section 10501(a)(6) of Title 9,
California Code of Regulations: detoxification; educational
counseling; individual or group counseling sessions; and treatment
or recovery planning.
14 An applicant may seek relief from the strict application of this section
by submitting an application to the director setting forth specific reasons
10
as to why accommodation over and above this section is necessary
under state and federal laws, pursuant to section 13-200.62.
(b) The special use permit shall be issued by the director as a ministerial
matter if the applicant is in compliance or has agreed to comply with
subsections (a)(1) through (a 12 above. The issuance of the special use
permit shall be denied upon a determination, and if already issued, shall be
revoked upon a hearing by the director under any of the following
circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent
information;
(2) Any owner/operator or staff person has an employment history in
which he or she was terminated during the past two (2) years because of
physical assault, sexual harassment, embezzlement or theft; falsifying a
drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded
nolo contendere, within the last seven (7) to ten (10) years, to any of the
following offenses:
i. Any sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last ten (10)
years);
ii. Arson offenses—Violations of Penal Code Sections 451-455
(last seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any time
thereafter.
(5) The owner/operator accepts residents, other than a house manager,
who are not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied, and
if already issued, any transfer shall be denied or revoked, upon a
determination_by the director under any of the following additional
circumstances:
i. Any owner/operator or staff person of a sober living home is a
recovering drug or alcohol abuser and upon the date of application
or employment has had less than one (1) full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately
take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively
participating in a legitimate recovery program from contact with all
other sober residents.
11
iii. The sober living home, as measured by the closest property lines,
is located within six hundred fifty (650) feet of any other sober living
home or state licensed alcoholism or drug abuse recovery or
treatment facility. If a state licensed alcoholism or drug abuse
recovery or treatment facility moves within six hundred fifty (650)
feet of an existing sober living home this shall not cause the
revocation of the sober living home's permit or be grounds for
denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section
and/or any other applicable laws and/or regulations, including but not
limited to failure to comply with the provisions of subsection (a)(10)
and/or (11).
(8) Revocation shall not apply to any group home, which otherwise would
cause it to be in violation of this Ordinance, that has obtained a
reasonable accommodation pursuant to section 13-200.62.
Section 3: Sections 13-322 and 13-323 of Chapter XVI (Group homes and
residential care facilities in the R21VID, R2HD, R3, PRDLD, PDRMD and PDRLD
Zones) of Title 13 (Planning, Zoning and Development) is hereby amended as
follows:
Sec. 13-322. - Group homes in the R2 -MD, R2 -HD and R3 residential zones
and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned
development zones) zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit
the operation of a group home including a sober living home with six or fewer
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following requirements:
(1) The application for and operation of the group home complies with
subsections (a)(1), (a)(2) and (a)(4) through (a)(12) and (a)(14) of
section 13-311.
(2) The application includes a live scan of the house manager and/or
operator of the group home.
(3) The group home or sober living home is at least 650 feet from any
other property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the director determines that
such location will not result in an over -concentration of similar uses.
(4) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
12
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(5) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home, the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii; provided, however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(6) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code, includina but not limited to those Drovisions reaulatina
licensure and parking, standing and stopping.
(b) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to
why accommodation over and above this section is necessary under state
and federal laws, pursuant to section 13-200.62.
(c) Notwithstanding any provision of subsection 13-3119(b) to the contrary,
the development services director may revoke or deny a special use permit
for a group home subject to this chapter following the director's determination
that any of the circumstances set forth in subsections 13-311(b)(1) through
(b)(5), (b)(6)(ii), (b)(6)(iii) and (b)(7) exist.
Sec. 13-323. — Minor conditional use permit required for group homes,
residential care facilities and drug and alcohol treatment facilities in the R2 -
MD, R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD,
PDR -NCM, PDC, and PDI (planned development zones) with seven or more
occupants.
A minor conditional use permit shall be required for and may be granted to
allow the operation of a group home, state licensed residential care facility or
state licensed drug and alcohol treatment facility with seven (7) or more
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
13
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following conditions:
(a) The requirements of Chapter III Planning applications have been met.
(b) The group home, residential care facility or state licensed drug and
alcohol treatment facility is at least six -hundred fifty (650) feet from any
property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the reviewing authority
determines that such location will not result in an over -concentration of
similar uses.
(c) The applicant obtains an operator's permit as required by Article 23,
Chapter 2 of Title 9 except that this requirement shall not apply to any
state licensed residential care facility or state licensed drug and alcohol
treatment facility.
(d) The findings for granting a minor conditional use permit in accordance
with subsection 13-29(g) are met.
Section 4: Lines 9, 8 and 10 of Table 13-30 of Section 13-30 of Chapter IV
(Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) are
hereby repealed and replaced with the following:
See Attachment A.
8. Residential care facility, seven (7) or
MC
MC
MC
.........
MC
MC
MC
MC
MC
P...
ore
6
6
6
6
6
6
6
6
9. Group homes, seven (7) or more
MC
6
MC
6
MC
6
��������
MC
6
MC
6
MC
6
MC
6
MC
6
P
9.1 Sober living homes, seven (7) or more
MCMC
6
6
MC
6
........
MC
6
MC
6
MC
6
MC
6
M
6C
P
Section 5: Retroactive effect. To to the fullest extent allowed by law, the
requirements of this Ordinance set forth in Section 2, section 13-311(a), and
Section 3, section 13-322(a), herein, are intended to apply to each and every group
home and/or sober living home located in the City, including those that have
applied for and/or received a special use permit prior to the effective date of this
Ordinance.
Section 6: 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.
14
Section 7: 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 8: 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 , 2017
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
Katrina Foley, Mayor
15
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA )
CITY OF COSTA MESA )
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 , 2017, and thereafter at the
regular meeting of said City Council duly held on the day of , 2017,
was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa
16
ATTACHMENT 2
Revisions
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING TABLE 13-30
OF SECTION 13-30 OF CHAPTER IV (CITYWIDE
LAND USE MATRIX), SECTION 13-200.62
(REASONABLE ACCOMMODATION -OF ARTICLE
15 (REASONABLE ACCOMODATIONS) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS)
AND CHAPTER XV (GROUP HOMES), CHAPTER
XVI (GROUP HOMES AND RESIDENTIAL CARE
FACILITIES IN THE R2, R3, PDRLD, PDRMD, AND
PDRHD ZONES) OF TITLE 13 (PLANNING, ZONING
AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the residential
characteristics of its R2MD, R2HD, and R3 zones; and planned development
residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against
equal housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to
free the handicapped, to the extent possible, from institutional style living; and to
ensure that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a
dwelling is enjoyed by the non -handicapped; and
1
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity
to use and enjoy a dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities
to treat state licensed residential care facilities serving six or fewer as a residential
use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 2-0-38 months from January 2014 to con+�ber
February March 2015-2017, the City experienced an increase of 25-484% in the
number of sober living facilities and residential care facilities in the multiple -family
residential zones. Those new facilities resulted in an increase of 442715 -beds,
which is a 2-G-.6113% increase in beds since January of 2014. As of Sep4 I
2015 March 1, 2017 the City had a total of 84-11-545 residential care
facilities in the multi -family residential zones, with an estimated 81347 -beds to
treat drug and alcohol addictionloEated a-itsmultiple family residential dostrints,
and
2
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 4586 30951,748 alcohol and drug recovery beds, divided as
follows: 44 8263 state licensed residential facilities/certified alcohol and drug
programs in residential zones with six or fewer occupants, providing 44352 beds;
19 state licensed facilities with seven or more bedsoccupants providing 269
beds;407 7 97 unlicensed sober living homes in all residential zones, providing
5049-1,127 beds; ifncluded in those 447-96-7 homes are 44-10 homes that have
submitted inn.. ..enc been issued Special Use Permits per the R1 Ordinance,
providing 252 060 beds; and 1 approved CUP application per the MFR Ordinance,
providing-w#h 11 beds;a-nd 1 State LiGeRsed-Facility OR t,^ separateparGels,
WHEREAS, the City of Costa Mesa is currently home to almost 2-9-.929% of
the state licensed residential drug and alcohol treatment facilities in Orange
County, while the City holds 3.6% of the County's population;.. thus, it is reasonable
to infer that unlicensed sober living homes are locating in the City at a higher
concentration than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, because of their extremely transient populations, above -
normal numbers of individuals/adults residing in a single dwelling and the lack of
regulations, sober living facilities present problems not typically associated with
more traditional residential uses, including but not limited to: the housing of large
3
numbers of unrelated adult who may or may not be supervised; disproportionate
numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on -street parking; excessive noise and
outdoor smoking, which interferes with the use and enjoyment of neighbors' use
of their property; neighbors who have little to no idea who does and does not reside
in the home; little to no participation in community activities that form and
strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to
the neighborhood; disproportional impacts from the average dwelling unit to nearly
all public services including sewer, water, parks, libraries, transportation
infrastructure, fire and police; a history of congregating in the same general area;
and the potential influx of individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a
single dwelling or congregating sober living homes in close proximity to each other
does not provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential
surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize impacts to the surrounding neighborhood; and
that the secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
El
remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, the residents of group and sober living homes come to the City
from all parts of the country and often lack established ties to the community and
lack a local support system independent of the group or sober living home and are
especially vulnerable to becoming homeless upon eviction; and some such evicted
resident have in fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group
and sober living homes provide the residents information regarding the available
local housing resources prior to eviction from a home; 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Section 13-200.62 of Article 15 (Reasonable Accommodations) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and
Development) is hereby amended as follows:
Sec. 13-200.62. - Reasonable accommodations—Procedure.
(a) Application required. An application for a reasonable accommodation shall
be filed and processed with the planning division. The application shall
include the following information and be subject to the determinant factors
required by this section.
(b) Submittal requirements. The application shall be made in writing, and
shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which
accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled
under state or federal law, and why the accommodation is necessary to
provide equal opportunity for housing and to make the specific housing
available to the individuals;
5
(3) Any other information that the director reasonably determines is
necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability;
(b) applying on behalf of one (1) or more individuals with a disability; or
(c) a developer or provider of housing for one (1) or more individuals with
a disability;
(5) The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested
by the applicant is necessary to provide one (1) or more individuals with
a disability an equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is
necessary to determine whether the findings required by subsection (e)
can be made, so long as any request for information regarding the
disability of the individuals benefited complies with fair housing law
protections and the privacy rights of the individuals affected.
(c) Fees. No application fee is required.
(d) Director action. Within sixty (60) days of receipt of a completed
application, the director shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and
the modification or revocation thereof in compliance with this chapter. Any
appeal to reasonable accommodation request denial or conditional approval
shall be heard with, and subject to, the notice, review, approval, and appeal
procedures prescribedfor any other discretionary permit ,
net'VVtstandin ether n to the Ge Ttrary, the standard of review on
appeal shall not be de Rovo and the planning GOMMiSSiOR shall determi
whether the findings made by the directO- are supported by substantial
e
a,Cting as the appellate bedy, may sustain, reverse er medif y the denisien e f
the dIF8GtE)F Or remand the matter for further Gons e
wh'Gh rem
shall in ode spenifin issues to he nnnsiderei-! or � d-Orention for a de node
vn-cnrrrr ccn'r�rrracazv��cvrra'rcrcrc�-vr-crarrcrn
hearing.
(e) Grounds for reasonable accommodation. The following factors shall be
considered in determining whether to grant a reaSOnap;e-requested
accommodation:
1) Is the requested accommodation necessary to afford a disabled person an
equal opportunity to use and enjoy a dwelling? To determine whether the
accommodation is necessary, the director may consider, among other
things: The nature of the disability including the special needs created by
the disability, the physical attributes and setting of the property and
structures, the potential benefit that can be accomplished by the requested
accommodation, and alternative accommodations that may provide a
comparable level of benefit.
0
Is the requested accommodation reasonable? A requested
accommodation is not reasonable if it would impose an undue financial or
administrative burden on the City. It is also not reasonable if it would
fundamentally alter a City program, such as the City's zoning scheme.
(A) In considering the financial or administrative burden on the City, the
director may consider, among other things, the extent to which the
City would have to dedicate resources, such as staff time and funds,
to grant the request and other requests like it.
(B) In considering the potential alteration to a City program, such as the
City's zoning scheme, the director may consider, among other
things, whether granting the request would be consistent with the
City's General Plan, with the purpose and nature of the particular
zoning district, and with nearby uses. The director may also consider
whether the requested accommodation would potentially have
adverse external impacts on properties in the vicinity.
`��• : e�rr_rrr W.T7-Mr_e■:e :WWW." fMM
..IMP -MP
P1
9A M
() Dhysinal attributes of the property and stru Gtr fires;
e
(5) AlteMative a/+nommordationS that may provide an equivalent level of
bell of Ft
(6) In the naso of a determination iRVOIVinn a Single family dwelling
0
whether the recidentc wee ld nenotitute a Single hey sekeeping Unit•
e
(7) Whether the requested annommodatien we ild impede an i Rd ie
finannial or administrative burden on the nity
e
(8) Whether the requested annommedatien we il`J require a fi Rdarnental
e
(9) Whether granting the request would he GE)Rsistent with the nity!-
general plan; ant
(10) The property will he used by an individual with disability protomed
under fair housing laws
(f) Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following
findings, all of which are required for approval. In making these findings, the
director may approve alternative reasonable accommodations which provide
an equivalent level of benefit to the applicant.
(1) The requested accommodation is requested by or on the behalf of
one (1) or more individuals with a disability protected under the fair
housing laws.
7
(2) The requested accommodation is necessary to provide one (1) or
more individuals with a disability an equal opportunity to use and enjoy a
dwelling.
(3) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law.
(4) The requested accommodation is consistent with surrounding uses in
scale and intensity of useThe requested assommedation is consistent
with he whether er not the residents wee il`J censtit ute a single
vczrr ca��rnvrcrr��� cvrrrcrcaz�-a�rrrgr�..
hog isekeepoRg Unit.
(5) The requested accommodation will not, under the specific facts of the
case, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's
showing that the requested accommodation is necessary, then a finding
that the requested accommodation is necessary to make facilities of a
similar nature or operation economically viable in light of the particularities
of the relevant market and market participants generally, not just for that
particular applican+IA he+her the requested accommeda+inn is necessary
to make facilities of a similar pat ire er operation economically viable in
light of the particUlari+ies of the relevant market and market participants
(7) Whether the existing supply of facilities of a similar nature and
operation in the community is sufficient to provide individuals with a
disability an equal opportunity to live in a residential setting.
(8) The requested accommodation will not result in a fundamental
alteration in the nature of the city's zoning program.
(g) The city may consider, but is not limited to, the following factors in
determining whether the requested accommodation would require a
fundamental alteration in the nature of the city's zoning program.
(1) Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in
traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's general plan or an
applicable specific plan.
(4) Whether the requested accommodation would create an
institutionalized environment due to the number of and distance between
facilities that are similar in nature or operation.
(5) Any other factors that would cause a fundamental alteration in the
city's zoning program, as may be defined in the Fair Housing Law.
Section 2: Section 13-311 of Chapter XV (Group homes) of Title 13 (Planning,
Zoning and Development) is hereby amended as follows:
Sec. 13-311. - Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may
locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the
following: (1) the name, address, phone number and driver's license
number of the owner/operator; (2) the name, address, phone number
and driver's license number of the house manager; (3) a copy of the
group home rules and regulations; (4) written intake procedures; (5) the
relapse policy; (6) an affirmation by the owner/operator that only
residents (other than the house manager) who are handicapped as
defined by state and federal law shall reside at the group home; (7) blank
copies of all forms that all residents and potential residents are required
to complete; and (8) a fee for the cost of processing of the application as
set by resolution of the city council. No person shall open a group home
or begin employment with a group home until this information has been
provided and such persons shall be responsible for updating any of this
information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house
manager, but in no event shall have more than seven (7) occupants. If
the dwelling unit has a secondary accessory unit, occupants of both units
will be combined to determine whether or not the limit of six (6)
occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit
unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group
home or any multiple of persons acting as a house manager who are
present at the group home on a twenty -four-hour basis and who are
responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit
shall, at all times, be available for the parking of vehicles. Residents and
the house manager may each only store or park a single vehicle at the
dwelling unit or on any street within five hundred (500) feet of the
dwelling unit. The vehicle must be operable and currently used as a
primary form of transportation for a resident of the group home.
(6) Occupants must not require and operators must not provide "care
and supervision" as those terms are defined by Health and Safety Code
Section 1503.5 and Section 80001(c)(3) of title 22, California Code of
Regulations.
(7) Integral group home facilities are not permitted. Applicants shall
declare, under penalty of perjury, that the group home does not operate
as an integral use/facility.
9
(8) If the group home operator is not the property owner, written approval
from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes,
municipal code and zoning.
(10) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(11) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home, the operator thereof shall:
L notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii;
provided, however, that nothing in this section shall require an operator
of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(12) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code, including but not limited to those provisions regulating
licensure and parking, standing and stopping.
(13) In addition to the regulations outlined above, the following shall also
apply to sober living homes:
i. The sober living home is not located within six hundred fifty (650)
feet, as measured from the closest property lines, of any other sober
living home or a state licensed alcoholism or drug abuse recovery or
treatment facility, unless the director determines that such location
will not result in an over -concentration of similar uses.
ii. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not
limited to, Alcoholics Anonymous or Narcotics Anonymous and the
sober living home must maintain current records of meeting
10
attendance. Under the sober living home's rules and regulations,
refusal to actively participate in such a program shall be cause for
eviction.
iii. The sober living home's rules and regulations must prohibit the
use of any alcohol or any non-prescription drugs at the sober living
home or by any recovering addict either on or off site. The sober
living home must also have a written policy regarding the
possession, use and storage of prescription medications. The facility
cannot dispense medications but must make them available to the
residents. The possession or use of prescription medications is
prohibited except for the person to whom they are prescribed, and in
the amounts/dosages prescribed. These rules and regulations shall
be posted on site in a common area inside the dwelling unit. Any
violation of this rule must be cause for eviction under the sober living
home's rules for residency and the violator cannot be re -admitted for
at least ninety (90) days. Any second violation of this rule shall result
in permanent eviction. Alternatively, the sober living home must
have provisions in place to remove the violator from contact with the
other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit
set forth in Penal Code Section 3003.5 and does not violate the
distance provisions set forth in Penal Code Section 3003.
v. The sober living home shall have a written visitation policy that
shall preclude any visitors who are under the influence of any drug
or alcohol.
vi. The sober living home shall have a good neighbor policy that
shall direct occupants to be considerate of neighbors, including
refraining from engaging in excessively loud, profane or obnoxious
behavior that would unduly interfere with a neighbor's use and
enjoyment of their dwelling unit. The good neighbor policy shall
establish a written protocol for the house manager/operator to follow
when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following
services as they are defined by Section 10501(a)(6) of Title 9,
California Code of Regulations: detoxification; educational
counseling; individual or group counseling sessions; and treatment
or recovery planning.
L141 An applicant may seek relief from the strict application of this section
by submitting an application to the director setting forth specific reasons
as to why accommodation over and above this section is necessary
under state and federal laws, pursuant to section 13-200.62.
(b) The special use permit shall be issued by the director as a ministerial
matter if the applicant is in compliance or has agreed to comply with
subsections (a)(1) through (a)(129) above. The issuance of the special use
11
permit shall be denied upon a determination, and if already issued, apy-
traRSf shall be denied or revoked, upon a hearing by the director under any
of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent
information;
(2) Any owner/operator or staff person has an employment history in
which he or she was terminated during the past two (2) years because of
physical assault, sexual harassment, embezzlement or theft; falsifying a
drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded
nolo contendere, within the last seven (7) to ten (10) years, to any of the
following offenses:
L Any sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last ten (10)
years);
ii. Arson offenses—Violations of Penal Code Sections 451-455
(last seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any time
thereafter.
(5) The owner/operator accepts residents, other than a house manager,
who are not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied, and
if already issued, any transfer shall be denied or revoked, upon a how
determination by the director under any of the following additional
circumstances:
i. Any owner/operator or staff person of a sober living home is a
recovering drug or alcohol abuser and upon the date of application
or employment has had less than one (1) full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately
take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively
participating in a legitimate recovery program from contact with all
other sober residents.
iii. The sober living home, as measured by the closest property lines,
is located within six hundred fifty (650) feet of any other sober living
home or state licensed alcoholism or drug abuse recovery or
treatment facility. If a state licensed alcoholism or drug abuse
recovery or treatment facility moves within six hundred fifty (650)
12
feet of an existing sober living home this shall not cause the
revocation of the sober living home's permit or be grounds for
denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section
and/or any other applicable laws and/or regulations, including but not
limited to failure to comply with the provisions of subsection (a)(10)
and 11 .
(8) Revocation shall not apply to any group home, which otherwise would
cause it to be in violation of this Ordinance, that has obtained a
reasonable accommodation pursuant to section 13-200.62.
Section 3: Sections 13-322 and 13-323 of Chapter XVI (Group homes and
residential care facilities in the R21VID, R2HD, R3, PRDLD, PDRMD and PDRLD
Zones) of Title 13 (Planning, Zoning and Development) is hereby amended as
follows:
Sec. 13-322. - Group homes in the R2 -MD, R2 -HD and R3 residential zones
and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned
development zones) zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit
the operation of a group home including a sober living home with six or fewer
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following requirements:
(1) The application for and operation of the group home complies with
subsections (a)(1), (a)(2) and (a)(4) through (a)(1 ) and (a (Z 14) of
section 13-311.
(2) The application includes a live scan of the house manager and/or
operator of the group home.
(3) The group home or sober living home is at least 650 feet from any
other property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the director determines that
such location will not result in an over -concentration of similar uses.
(4) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(5) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home, the operator thereof shall:
13
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii; provided, however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(6) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code, including but not limited to those provisions regulating
licensure and parking, standing and stopping.
(b) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to
why accommodation over and above this section is necessary under state
and federal laws, pursuant to section 13-200.62.
(c) Notwithstanding any provision of subsection 13-3119(b) to the contrary,
the development services director may revoke or deny a special use permit
for a group home subject to this chapter following the director's determination
that any of the circumstances set forth in subsections 13-311(b)(1) through
(b)(5), (b)(6)(ii), (b)(6)(iii) and (b)(7) exist.
Sec. 13-323. = Minor cGonditional use permit required for group homes,
residential care facilities and drug and alcohol treatment facilities in the R2 -
MD, R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD,
PDR -NCM, PDC, and PDI (planned development zones) with seven or more
occupants.
A conditional use permit shall be required for and may be granted to
allow the operation of a group home, state licensed residential care facility or
state licensed drug and alcohol treatment facility with seven (7) or more
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following conditions:
(a) The requirements of Chapter III Planning applications have been met.
14
(b) The group home, residential care facility or state licensed drug and
alcohol treatment facility is at least six -hundred fifty (650) feet from any
property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the reviewing authority
determines that such location will not result in an over -concentration of
similar uses.
(c) The applicant obtains an operator's permit as required by Article 23,
Chapter 2 of Title 9 except that this requirement shall not apply to any
state licensed residential care facility or state licensed drug and alcohol
treatment facility.
(d) The findings for granting a minor conditional use permit in accordance
with subsection 13-29(g) are met.
Section 4: Lines 9, 8 and 10 of Table 13-30 of Section 13-30 of Chapter IV
(Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) are
hereby repealed and replaced with the following:
See Attachment A.
8. Residential care facility, seven (7) or
. MC
MC
MC
.........
MC
MC
MC
MC
MC
o,*
more
6
6
6
6
6
6
6
6
9. Group homes, seven (7) or more
. MC
MC
MC
.........
MC
MC
MC
MC
MCP...
9.1 Sober livinghomes seven (7) or more
MC
•-
MC
M C
.
. . .
. .
. MC
MC
MC
MC
MC
P
6
6
6
6
6
6
6
6
Section 5: Retroactive effect. To to the fullest extent allowed by law, the
requirements of this Ordinance set forth in Section 2, section 13-311(a), and
Section 3, section 13-322(a), herein, are intended to apply to each and every group
home and/or sober living home located in the City, including those that have
applied for and/or received a special use permit prior to the effective date of this
Ordinance.
Section 6: 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 7: 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
15
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 8: 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 , 2017
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
Katrina Foley, Mayor
16
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA )
CITY OF COSTA MESA )
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 , 2017, and thereafter at the
regular meeting of said City Council duly held on the day of , 2017,
was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa
17
ATTACHMENT 3
Revisions as recommended by the Planning Commission
shown in BOLD (additions) and Bold strike -through (deletions)
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING TABLE 13-30
OF SECTION 13-30 OF CHAPTER IV (CITYWIDE
LAND USE MATRIX), SECTION 13-200.62
(REASONABLE ACCOMMODATION -OF ARTICLE
15 (REASONABLE ACCOMODATIONS) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS)
AND CHAPTER XV (GROUP HOMES), CHAPTER
XVI (GROUP HOMES AND RESIDENTIAL CARE
FACILITIES IN THE R2, R3, PDRLD, PDRMD, AND
PDRHD ZONES) OF TITLE 13 (PLANNING, ZONING
AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the residential
characteristics of its R2MD, R2HD, and R3 zones; and planned development
residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against
equal housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to
free the handicapped, to the extent possible, from institutional style living; and to
ensure that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a
dwelling is enjoyed by the non -handicapped; and
1
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity
to use and enjoy a dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities
to treat state licensed residential care facilities serving six or fewer as a residential
use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 238 months., from January 2014 to Sown+ter
February March 2-015 2017, the City experienced an increase of 2-5.484% in the
number of sober living facilities and residential care facilities in the multiple -family
residential zones. Those new facilities resulted in an increase of 442 -715_ -beds,
which is a 2-0113% increase in beds since January of 2014. As of con+fpr
2015 March 1, 2017 the City had a total of 84-11545 residential care
facilities in the multi -family residential zones, with an estimated 8341347 -beds to
treat drug and alcohol addictionIGEated in-itsmultiple farm" residon+iol dic+riGtSY
and
2
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 1586 30951,748 alcohol and drug recovery beds, divided as
follows: 44-8263 state licensed residential facilities/certified alcohol and drug
programs in residential zones with six or fewer occupants, providing 44-4-352 beds;
19 state licensed facilities with seven or more bedsoccupants providing 269
beds;107 7 97 unlicensed sober living homes in all residential zones, providing
600-1,127 beds; ifncluded in those 407-96-7 homes are 44-10 homes that have
been issued Special Use Permits per the R1 Ordinance.,
providing 252 060 beds; and 1 approved CUP application per the MFR Ordinance,
providing 11 beds;and 1 State LJG8Rsed Fa ' ity OR two separateparGels,
WHEREAS, the City of Costa Mesa is currently home to almost 2929% of
the state licensed residential drug and alcohol treatment facilities in Orange
County, while the City holds 3.6% of the County's population,., thus., it is reasonable
to infer that unlicensed sober living homes are locating in the City at a higher
concentration than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, because of their extremely transient populations, above -
normal numbers of individuals/adults residing in a single dwelling and the lack of
regulations, sober living facilities present problems not typically associated with
more traditional residential uses, including but not limited to: the housing of large
3
numbers of unrelated adult who may or may not be supervised; disproportionate
numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on -street parking; excessive noise and
outdoor smoking, which interferes with the use and enjoyment of neighbors' use
of their property; neighbors who have little to no idea who does and does not reside
in the home; little to no participation in community activities that form and
strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to
the neighborhood; disproportional impacts from the average dwelling unit to nearly
all public services including sewer, water, parks, libraries, transportation
infrastructure, fire and police; a history of congregating in the same general area;
and the potential influx of individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a
single dwelling or congregating sober living homes in close proximity to each other
does not provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential
surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize impacts to the surrounding neighborhood; and
that the secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
El
remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, the residents of group and sober living homes come to the City
from all parts of the country and often lack established ties to the community and
lack a local support system independent of the group or sober living home and are
especially vulnerable to becoming homeless upon eviction; and some such evicted
resident have in fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group
and sober living homes provide the residents information regarding the available
local housing resources prior to eviction from a home; 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Section 13-200.62 of Article 15 (Reasonable Accommodations) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and
Development) is hereby amended as follows:
Sec. 13-200.62. - Reasonable accommodations—Procedure.
(a) Application required. An application for a reasonable accommodation shall
be filed and processed with the planning division. The application shall
include the following information and be subject to the determinant factors
required by this section.
(b) Submittal requirements. The application shall be made in writing, and
shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which
accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled
under state or federal law, and why the accommodation is necessary to
provide equal opportunity for housing and to make the specific housing
available to the individuals;
5
(3) Any other information that the director reasonably determines is
necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability;
(b) applying on behalf of one (1) or more individuals with a disability; or
(c) a developer or provider of housing for one (1) or more individuals with
a disability;
(5) The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested
by the applicant is necessary to provide one (1) or more individuals with
a disability an equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is
necessary to determine whether the findings required by subsection (e)
can be made, so long as any request for information regarding the
disability of the individuals benefited complies with fair housing law
protections and the privacy rights of the individuals affected.
(c) Fees. No application fee is required.
(d) Director action. Within sixty (60) days of receipt of a completed
application, the director shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and
the modification or revocation thereof in compliance with this chapter. Any
appeal to reasonable accommodation request denial or conditional approval
shall be heard with, and subject to, the notice, review, approval, and appeal
procedures prescribed for any other discretionary permit provided that
notwi+hstanding any other provision to the Gen+rary0 the standard of review on
appeal shall not be de novo and the planning commission shall determi
whether the findings made by the diroctOr aro supported by substantial
e
aCtino as the appellate body, may sustain, reverse or medify the rdonision of
the doreGtor or remand the matter for further e
whiGh rem
shall inGli de speGifin issues to be nonsidered or a rdiron+inn for a de node
how.
(e) Grounds for reasonable accommodation. The following factors shall be
considered in determining whether to grant a reesenable-requested
accommodation:
1) Is the requested accommodation necessary to afford a disabled person an
equal opportunity to use and enjoy a dwelling? To determine whether the
accommodation is necessary, the director may consider, among other
things: The nature of the disability including the special needs created by
the disability, the physical attributes and setting of the property and
structures, the potential benefit that can be accomplished by the requested
accommodation, and alternative accommodations that may provide a
comparable level of benefit.
0
Is the requested accommodation reasonable? A requested
accommodation is not reasonable if it would impose an undue financial or
administrative burden on the City. It is also not reasonable if it would
fundamentally alter a City aroaram. such as the Citv's zonina scheme.
(A) In considering the financial or administrative burden on the City, the
director may consider, among other things, the extent to which the
City would have to dedicate resources, such as staff time and funds,
to arant the reauest and other reauests like it.
(B) In considering the potential alteration to a City program, such as the
City's zoning scheme, the director may consider, among other
things, whether granting the request would be consistent with the
City's General Plan, with the purpose and nature of the particular
zoning district, and with nearby uses. The director may also consider
whether the requested accommodation would potentially have
adverse external impacts on properties in the vicinity.
`■�• ■ :r_* r. rsar_� r_r. ■ :era
(4) Physical attributes of the property and structures;
(5) Alternative annommodations that may provide an equivalent level of
hem
(6) In the naso of a determiRation iRVOIVing a Single family dwelling
-,-
whether
e
(7) Whether the requested angommordation would impose an Lind ie
finaRnial or administrative burden on the nits
e
(8) Whether the requested angommordation would require a fundamental
alteration in the Roti ire of a pity Program•
e
(9) Whether granting the request would he gonsistent with the nifii's
general plan• and
e
(1 0) The property will he used by an individual with disability nretegted
Under fair hoi icing laWS
(f) Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following
findings, all of which are required for approval. In making these findings, the
director may approve alternative reasonable accommodations which provide
an equivalent level of benefit to the applicant.
(1) The requested accommodation is requested by or on the behalf of
one (1) or more individuals with a disability protected under the fair
housing laws.
7
(4) Physical attributes of the property and structures;
(5) Alternative annommodations that may provide an equivalent level of
hem
(6) In the naso of a determiRation iRVOIVing a Single family dwelling
-,-
whether
e
(7) Whether the requested angommordation would impose an Lind ie
finaRnial or administrative burden on the nits
e
(8) Whether the requested angommordation would require a fundamental
alteration in the Roti ire of a pity Program•
e
(9) Whether granting the request would he gonsistent with the nifii's
general plan• and
e
(1 0) The property will he used by an individual with disability nretegted
Under fair hoi icing laWS
(f) Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following
findings, all of which are required for approval. In making these findings, the
director may approve alternative reasonable accommodations which provide
an equivalent level of benefit to the applicant.
(1) The requested accommodation is requested by or on the behalf of
one (1) or more individuals with a disability protected under the fair
housing laws.
7
(2) The requested accommodation is necessary to provide one (1) or
more individuals with a disability an equal opportunity to use and enjoy a
dwelling.
(3) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law.
(4) The requested accommodation is consistent with surrounding uses in
scale and intensity of useThe regi jested aGGemmodatien is Gon Sistent
with whether er net the residentS wee ild Genstit ute a Single
vriTrrttit�v'rrcci�c-rv'rrtvrcrri�•rr� cvrrrrrrcn�t.
housekeeping Unit.
(5) The requested accommodation will not, under the specific facts of the
case, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's
showing that the requested accommodation is necessary, then a finding
that the requested accommodation is necessary to make facilities of a
similar nature or operation economically viable in light of the particularities
of the relevant market and market participants generally, not just for that
particular applicantWhe+her the requested aGGemmoda+inn is nenessar�
to make facilities of a Similar Gat ire er eneratien enenomiGally viable in
light of the nartiGUlaritieS of the relevant market and market narFiGinantS
(7) Whether the existing supply of facilities of a similar nature and
operation in the community is sufficient to provide individuals with a
disability an equal opportunity to live in a residential setting.
(8) The requested accommodation will not result in a fundamental
alteration in the nature of the city's zoning program.
(g) The city may consider, but is not limited to, the following factors in
determining whether the requested accommodation would require a
fundamental alteration in the nature of the city's zoning program.
(1) Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in
traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's general plan or an
applicable specific plan.
(4) Whether the requested accommodation would create an
institutionalized environment due to the number of and distance between
facilities that are similar in nature or operation.
(5) Any other factors that would cause a fundamental alteration in the
city's zoning program, as may be defined in the Fair Housing Law.
Section 2: Section 13-311 of Chapter XV (Group homes) of Title 13 (Planning,
Zoning and Development) is hereby amended as follows:
Sec. 13-311. - Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may
locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the
following: (1) the name, address, phone number and driver's license
number of the owner/operator; (2) the name, address, phone number
and driver's license number of the house manager; (3) a copy of the
group home rules and regulations; (4) written intake procedures; (5) the
relapse policy; (6) an affirmation by the owner/operator that only
residents (other than the house manager) who are handicapped as
defined by state and federal law shall reside at the group home; (7) blank
copies of all forms that all residents and potential residents are required
to complete; and (8) a fee for the cost of processing of the application as
set by resolution of the city council. No person shall open a group home
or begin employment with a group home until this information has been
provided and such persons shall be responsible for updating any of this
information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house
manager, but in no event shall have more than seven (7) occupants. If
the dwelling unit has a secondary accessory unit, occupants of both units
will be combined to determine whether or not the limit of six (6)
occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit
unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group
home or any multiple of persons acting as a house manager who are
present at the group home on a twenty -four-hour basis and who are
responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit
shall, at all times, be available for the parking of vehicles. Residents and
the house manager may each only store or park a single vehicle at the
dwelling unit or on any street within five hundred (500) feet of the
dwelling unit. The vehicle must be operable and currently used as a
primary form of transportation for a resident of the group home.
(6) Occupants must not require and operators must not provide "care
and supervision" as those terms are defined by Health and Safety Code
Section 1503.5 and Section 80001(c)(3) of title 22, California Code of
Regulations.
(7) Integral group home facilities are not permitted. Applicants shall
declare, under penalty of perjury, that the group home does not operate
as an integral use/facility.
9
(8) If the group home operator is not the property owner, written approval
from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes,
municipal code and zoning.
(10) Upon an occupant's eviction from or involuntary termination of
residency in a group home, the operator of the group home shall make
available to the occupant transportation to the address listed on the
occupant's driver license, state issued identification card, or the
permanent address identified in the occupant's application or referral to
the group home. The group home operator may not satisfy this obligation
by providing remuneration to the occupant for the cost of transportation.
(11) At least 24 hours prior to an occupant's eviction from or involuntary
termination of residency in a group home, the operator thereof shall:
L notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii;
Provided, however, that nothing in this section shall require an operator
of a aroua home to violate any provision of state or federal law
regarding confidentiality of health care information.
(12) All ddyers of vehicles nii.4inq up or drenninq off persons at
preen home chill rr+rv+nly �� ith all anuli hle previsions of this code
�T�YTT�A-ATT�i G�IJ� VTLTTTV�F .�
and the Vehicle Code,
requiatmnq licensure and narkmnn stanrlinn and stonninn
(13) In addition to the regulations outlined above, the following shall also
apply to sober living homes:
L The sober living home is not located within six hundred fifty (650)
feet, as measured from the closest property lines, of any other sober
living home or a state licensed alcoholism or drug abuse recovery or
treatment facility, unless the director determines that s Gh
location will not resultin �n over concentration of similar use -s.
ii. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not
limited to, Alcoholics Anonymous or Narcotics Anonymous and the
sober living home must maintain current records of meeting
10
attendance. Under the sober living home's rules and regulations,
refusal to actively participate in such a program shall be cause for
eviction.
iii. The sober living home's rules and regulations must prohibit the
use of any alcohol or any non-prescription drugs at the sober living
home or by any recovering addict either on or off site. The sober
living home must also have a written policy regarding the
possession, use and storage of prescription medications. The facility
cannot dispense medications but must make them available to the
residents. The possession or use of prescription medications is
prohibited except for the person to whom they are prescribed, and in
the amounts/dosages prescribed. These rules and regulations shall
be posted on site in a common area inside the dwelling unit. Any
violation of this rule must be cause for eviction under the sober living
home's rules for residency and the violator cannot be re -admitted for
at least ninety (90) days. Any second violation of this rule shall result
in permanent eviction. Alternatively, the sober living home must
have provisions in place to remove the violator from contact with the
other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit
set forth in Penal Code Section 3003.5 and does not violate the
distance provisions set forth in Penal Code Section 3003.
v. The sober living home shall have a written visitation policy that
shall preclude any visitors who are under the influence of any drug
or alcohol.
vi. The sober living home shall have a good neighbor policy that
shall direct occupants to be considerate of neighbors, including
refraining from engaging in excessively loud, profane or obnoxious
behavior that would unduly interfere with a neighbor's use and
enjoyment of their dwelling unit. The good neighbor policy shall
establish a written protocol for the house manager/operator to follow
when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following
services as they are defined by Section 10501(a)(6) of Title 9,
California Code of Regulations: detoxification; educational
counseling; individual or group counseling sessions; and treatment
or recovery planning.
L141 An applicant may seek relief from the strict application of this section
by submitting an application to the director setting forth specific reasons
as to why accommodation over and above this section is necessary
under state and federal laws, pursuant to section 13-200.62.
(b) The special use permit shall be issued by the director as a ministerial
matter if the applicant is in compliance or has agreed to comply with
subsections (a)(1) through (a)(129) above. The issuance of the special use
11
permit shall be denied upon a determination„ and if already issued, aRy
fr-aRsfe-r shall be denied or revoked, upon a hearing by the director under any
of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent
information;
(2) Any owner/operator or staff person has an employment history in
which he or she was terminated during the past two (2) years because of
physical assault, sexual harassment, embezzlement or theft; falsifying a
drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded
nolo contendere, within the last seven (7) to ten (10) years, to any of the
following offenses:
i. Any sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last ten (10)
years);
ii. Arson offenses—Violations of Penal Code Sections 451-455
(last seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any time
thereafter.
(5) The owner/operator accepts residents, other than a house manager,
who are not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied, and
if already issued, any transfer shall be denied or revoked, upon a hearing
determination by the director under any of the following additional
circumstances:
i. Any owner/operator or staff person of a sober living home is a
recovering drug or alcohol abuser and upon the date of application
or employment has had less than one (1) full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately
take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively
participating in a legitimate recovery program from contact with all
other sober residents.
iii. The sober living home, as measured by the closest property lines,
is located within six hundred fifty (650) feet of any other sober living
home or state licensed alcoholism or drug abuse recovery or
treatment facility. If a state licensed alcoholism or drug abuse
recovery or treatment facility moves within six hundred fifty (650)
12
feet of an existing sober living home this shall not cause the
revocation of the sober living home's permit or be grounds for
denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section
and/or any other applicable laws and/or regulations, including but not
limited to failure to comply with the provisions of subsection (a)(10)
and/or (11).
(8) Revocation shall not apply to any group home, which otherwise would
cause it to be in violation of this Ordinance, that has obtained a
reasonable accommodation pursuant to section 13-200.62.
Section 3: Sections 13-322 and 13-323 of Chapter XVI (Group homes and
residential care facilities in the R21VID, R2HD, R3, PRDLD, PDRMD and PDRLD
Zones) of Title 13 (Planning, Zoning and Development) is hereby amended as
follows:
Sec. 13-322. - Group homes in the R2 -MD, R2 -HD and R3 residential zones
and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned
development zones) zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit
the operation of a group home including a sober living home with six or fewer
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following requirements:
(1) The application for and operation of the group home complies with
subsections (a)(1), (a)(2) and (a)(4) through (a)(129) and (a (Z 14) of
section 13-311.
(2) The application includes a live scan of the house manager and/or
operator of the group home.
(3) The group home or sober living home is at least 650 feet from any
other property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the director determonec that
such locataon wall not result an an over-concentratmon of similar -
(4) Upon an occupant's eviction from or involuntary termination of
residency in a group home, the operator of the group home shall make
available to the occupant transportation to the address listed on the
occupant's driver license, state issued identification card, or the
permanent address identified in the occupant's application or referral to
the group home. The group home operator may not satisfy this obligation
by providing remuneration to the occupant for the cost of transportation.
13
(5) At least 24 hours prior to an occupant's eviction from or involuntary
termination of residency in a group home, the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii; provided, however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(6) All dEiyers of vehicles nickinn up or dronninn off persons at a
nroup home shall comply with all applicable provisions of this code-
and
requiatmnq licensure and narkinn standinn and stonninn
(b) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to
why accommodation over and above this section is necessary under state
and federal laws, pursuant to section 13-200.62.
(c) Notwithstanding any provision of subsection 13-3119(b) to the contrary,
the development services director may revoke or deny a special use permit
for a group home subject to this chapter following the director's determination
that any of the circumstances set forth in subsections 13-311(b)(1) through
(b)(5), (b)(6)(ii), (b)(6)(iii) and (b)(7) exist.
Sec. 13-323. = I►n�Conditional use permit required for group homes,
residential care facilities and drug and alcohol treatment facilities in the R2 -
MD, R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD,
PDR -NCM, PDC, and PDI (planned development zones) with seven or more
occupants.
AST conditional use permit shall be required for and may be granted to
allow the operation of a group home, state licensed residential care facility or
state licensed drug and alcohol treatment facility with seven (7) or more
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following conditions:
14
(a) The requirements of Chapter III Planning applications have been met.
(b) The group home, residential care facility or state licensed drug and
alcohol treatment facility is at least six -hundred fifty (650) feet from any
property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the reviewing authoritN,
determines that such location will net result in an ower_
(c) The applicant obtains an operator's permit as required by Article 23,
Chapter 2 of Title 9 except that this requirement shall not apply to any
state licensed residential care facility or state licensed drug and alcohol
treatment facility.
(d) The findings for granting a mmnoT conditional use permit in accordance
with subsection 13-29(g) are met.
1 11111111
°- -
- - -
Section 5: Retroactive effect. To the fullest extent allowed by law, the
requirements of this Ordinance set forth in Section 2, section 13-311(a), and
Section 3, section 13-322(a), herein, are intended to apply to each and every group
home and/or sober living home located in the City, including those that have
applied for and/or received a special use permit prior to the effective date of this
Ordinance.
Section 6: 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 7: 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
15
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Section 5: Retroactive effect. To the fullest extent allowed by law, the
requirements of this Ordinance set forth in Section 2, section 13-311(a), and
Section 3, section 13-322(a), herein, are intended to apply to each and every group
home and/or sober living home located in the City, including those that have
applied for and/or received a special use permit prior to the effective date of this
Ordinance.
Section 6: 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 7: 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
15
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 8: 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 '2017
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
Katrina Foley, Mayor
16
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA
CITY OF COSTA MESA
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 , 2017, and thereafter at the
regular meeting of said City Council duly held on the day of , 2017,
was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa
17
ATTACHMENT 4
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING SECTION 9-374
OF ARTICLE 23 (GROUP HOMES) OF CHAPTER II
(REGULATION OF CERTAIN BUSINESSES) OF
TITLE 9 (LICENSES AND BUSINESS
REGULATIONS) OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the residential
characteristics of its R21VID, R2HD, and R3 zones; and planned development
residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against
equal housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to
free the handicapped, to the extent possible, from institutional style living; and to
ensure that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a
dwelling is enjoyed by the non -handicapped; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity
to use and enjoy a dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities
to treat state licensed residential care facilities serving six or fewer as a residential
use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
1
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 38 months, from January 2014 to March 2017,
the City experienced an increase of 84% in the number of sober living facilities and
residential care facilities in the multiple -family residential zones. Those new
facilities resulted in an increase of 715 beds, which is a 113% increase in beds
since January of 2014. As of March 1, 2017 the City had a total of 115 residential
care facilities in the multi -family residential zones, with an estimated 1347 beds to
treat drug and alcohol addiction; and
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 1,748 alcohol and drug recovery beds, divided as follows: 63 state
licensed residential facilities/certified alcohol and drug programs in residential
zones with six or fewer occupants, providing 352 beds; 19 state licensed facilities
with seven or more occupants providing 269 beds; 97 unlicensed sober living
homes in all residential zones, providing 1,127 beds; included in those 97 homes
are 10 homes that have been issued Special Use Permits per the R1 Ordinance,
providing 60 beds; and 1 approved CUP application per the MFR Ordinance,
providing 11 beds;
WHEREAS, the City of Costa Mesa is currently home to almost 29% of the
state licensed residential drug and alcohol treatment facilities in Orange County,
while the City holds 3.6% of the County's population; thus, it is reasonable to infer
2
that unlicensed sober living homes are locating in the City at a higher concentration
than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, because of their extremely transient populations, above -
normal numbers of individuals/adults residing in a single dwelling and the lack of
regulations, sober living facilities present problems not typically associated with
more traditional residential uses, including but not limited to: the housing of large
numbers of unrelated adult who may or may not be supervised; disproportionate
numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on -street parking; excessive noise and
outdoor smoking, which interferes with the use and enjoyment of neighbors' use
of their property; neighbors who have little to no idea who does and does not reside
in the home; little to no participation in community activities that form and
strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to
the neighborhood; disproportional impacts from the average dwelling unit to nearly
all public services including sewer, water, parks, libraries, transportation
infrastructure, fire and police; a history of congregating in the same general area;
and the potential influx of individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a
single dwelling or congregating sober living homes in close proximity to each other
3
does not provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential
surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize impacts to the surrounding neighborhood; and
that the secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, the residents of group and sober living homes come to the City
from all parts of the country and often lack established ties to the community and
lack a local support system independent of the group or sober living home and are
especially vulnerable to becoming homeless upon eviction; and some such evicted
resident have in fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group
and sober living homes provide the residents information regarding the available
local housing resources prior to eviction from a home; 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
M
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, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Section 9-374 of Article 23 (Group Homes) of Chapter II (Regulation
of Certain Businesses) of Title 9 (Licenses and Business Regulations) is hereby
amended as follows:
Sec. 9-374. - Requirements for issuance of operator's permit.
(a) The owner/operator shall submit an application to the director that provides
the following information:
(1) The name, address, phone number and driver's license number of the
owner/operator;
(2) The name, address, phone number and driver's license number of the house
manager;
(3) A copy of the group home rules and regulations;
(4) Written intake procedures;
(5) The relapse policy;
(6) An affirmation by the owner/operator that only residents (other than the house
manager) who are handicapped as defined by state and federal law shall reside
at the group home;
(7) Blank copies of all forms that all residents and potential residents are required
to complete; and
(8) A fee for the cost of processing of the application as set by resolution of the
city council.
(b) Requirements for operation of group homes.
(1) The group home has a house manager who resides at the group home or any
multiple of persons acting as a house manager who are present at the group
home on a twenty -four-hour basis and who are responsible for the day-to-day
operation of the group home.
(2) All garage and driveway spaces associated with the dwelling unit shall, at all
times, be available for the parking of vehicles. Residents and the house manager
may each only store or park a single vehicle at the dwelling unit or on any street
within five hundred (500) feet of the dwelling unit. The vehicle must be operable
and currently used as a primary form of transportation for a resident of the group
home.
(3) Occupants must not require and operators must not provide "care and
supervision" as those terms are defined by Health and Safety Code Section
1503.5 and Section 80001(c)(3) of title 22, California Code of Regulations.
(4) Integral group home facilities are not permitted. Applicants shall declare,
under penalty of perjury, that the group home does not operate as an integral
5
use/facility.
(5) If the group home operator is not the property owner, written approval from
the property owner to operate a group home at the property.
(6) Upon eviction from or involuntary termination of residency in a group home,
the operator of the group home shall make available to the occupant
transportation to the address listed on the occupant's driver license, state issued
identification card, or the permanent address identified in the occupant's
application or referral to the group home. The group home operator may not
satisfy this obligation by providing remuneration to the occupant for the cost of
transportation.
(7) At least 24 hours prior to eviction from or involuntary termination of
residencv in a aroua home. the oaerator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to, alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home, determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv. maintain records for a aeriod of one vear followina eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii; provided, however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(8) All drivers of vehicles picking up or dropping off persons at a group home
shall comply with all applicable provisions of this code and the Vehicle Code,
including but not limited to those provisions regulating licensure and parking,
standing and stopping.
(9) The property must be fully in compliance with all building codes, municipal
code and zoning.
(10) In addition to the regulations outlined above, the following shall also apply to
sober living homes:
i. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not limited to,
Alcoholics Anonymous or Narcotics Anonymous and the sober living home
must maintain current records of meeting attendance. Under the sober
living home's rules and regulations, refusal to actively participate in such a
program shall be cause for eviction.
ii. The sober living home's rules and regulations must prohibit the use of
any alcohol or any non-prescription drugs at the sober living home or by
any recovering addict either on or off site. The sober living home must
also have a written policy regarding the possession, use and storage of
0
prescription medications. The facility cannot dispense medications but
must make them available to the residents. The possession or use of
prescription medications is prohibited except for the person to whom they
are prescribed, and in the amounts/dosages prescribed. These rules and
regulations shall be posted on site in a common area inside the dwelling
unit. Any violation of this rule must be cause for eviction under the sober
living home's rules for residency and the violator cannot be re -admitted for
at least ninety (90) days. Any second violation of this rule shall result in
permanent eviction. Alternatively, the sober living home must have
provisions in place to remove the violator from contact with the other
residents until the violation is resolved.
iii. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit set
forth in Penal Code Section 3003.5 and does not violate the distance
provisions set forth in Penal Code Section 3003.
iv. The sober living home shall have a written visitation policy that shall
preclude any visitors who are under the influence of any drug or alcohol.
v. The sober living home shall have a good neighbor policy that shall
direct occupants to be considerate of neighbors, including refraining from
engaging in excessively loud, profane or obnoxious behavior that would
unduly interfere with a neighbor's use and enjoyment of their dwelling unit.
The good neighbor policy shall establish a written protocol for the house
manager/operator to follow when a neighbor complaint is received.
vi. The sober living home shall not provide any of the following services as
they are defined by Section 10501(a)(6) of Title 9, California Code of
Regulations: detoxification; educational counseling; individual or group
counseling sessions; and treatment or recovery planning.
(c) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to why
accommodation over and above this section is necessary under state and federal
laws, pursuant to Article 15 of Chapter IX of Title 13 of this Code.
(d) The operator's permit shall be issued by the director if the applicant is in
compliance, or, where applicable, has agreed to comply, with the requirements of
subsections (a) and (b) above.
(e) In addition to denying an application for failing to comply, or failing to agree to
comply, with subsections (a) and/or (b), an application shall be denied by the
director under any of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent information.
(2) Any owner/operator or staff person has an employment history in which he or
she was terminated during the past two (2) years because of physical assault,
sexual harassment, embezzlement or theft; falsifying a drug test; and selling or
furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo
contendere, within the last seven (7) to ten (10) years, to any of the following
offenses:
7
i. Any sex offense for which the person is required to register as a sex
offender under California Penal Code Section 290 (last ten (10) years);
ii. Arson offenses—Violations of Penal Code Sections 451-455 (last
seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which involve
doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last seven
(7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any time
thereafter.
(5) The owner/operator accepts residents, other than a house manager, who are
not disabled or handicapped as defined by the FHAA and FEHA.
(6) An operator's permit for a sober living home shall also be denied, and if
already issued shall be revoked upon a hearing by the director, under any of the
following additional circumstances:
i. The owner/operator of a sober living home fails to immediately take measures
to remove any resident who uses alcohol or illegally uses prescription or non-
prescription drugs, or who is not actively participating in a legitimate recovery
program from contact with all other sober residents.
ii. For any other significant and/or repeated violations of this section and/or any
other applicable laws and/or regulations.
Section 2: 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 3: 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 4: 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 , 2015
Steve Mensinger, Mayor
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA
CITY OF COSTA MESA )
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:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa
0
UNOFFICIAL UNTIL APPROVED
MEETING MINUTES OF THE CITY OF
COSTA MESA PLANNING COMMISSION
March 27, 2017
CC -1
ATTACHMENT 5
These meeting minutes represent an "action minute" format with a concise summary of the
meeting. A video of the meeting may be viewed on the City's website at www.costamesaca.goov
or purchased on DVD upon request.
The Chair called the meeting to order (00:00:21).
Commissioner Harlan led the Pledge of Allegiance.
ROLL CALL
Present: Chair Stephan Andranian
Vice -Chair Byron de Arakal
Commissioner Jeffrey Harlan
Commissioner Isabell Kerins
Absent: Commissioner Carla Navarro Woods
Staff: Jay Trevino, Development Services Department Consultant
Peggy Schneble, Interim Assistant Development Services Director
Sheri Vander Dussen, Interim Assistant Director/ Community Improvement
Yolanda Summerhill, Deputy City Attorney
Tarquin Preziosi, Assistant City Attorney
Bart Mejia, City Engineer
Minoo Ashabi, Principal Planner
Roger Rath, Assistant Planner
Julie Colgan, Recording Secretary
ANNOUNCEMENTS AND PRESENTATIONS:
Chair Andranian spoke about Claire Flynn, former Assistant Development Services Director,
and her service to the City of Costa Mesa.
PUBLIC COMMENTS:
Kim Hendricks, Costa Mesa resident, presented a slideshow about how sober living homes are
affecting the city and parks.
A speaker gave examples of how the Small Lot Ordinance is affecting the city and asked for a
review of the Small Lot Ordinance.
Cindy Black, Costa Mesa resident, stated concerns with sober living homes located at the corner
of 18th Street and Pomona Avenue. She wants the, city to be proactive with the sober living home
issue and help the residents.
Barrie Fischer, Costa Mesa resident, stated concerns with name calling and labeling of sober
living home residents.
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A speaker spoke about the city's sober living home issue.
A speaker suggested working together on the city's sober living home issue.
A speaker stated concerns with the sober living homes in the city.
A speaker stated concerns on the Planning Commissioner selection process.
Jane, Costa Mesa resident, stated she could not stay for Public Hearing Item No. 3 so she wanted
to speak on it now. She stated concerns with the affect that sober living homes are having on the
city.
A speaker stated concerns with the sober living homes in the city.
The Chair announced that he is going to move Public Hearing Item No. 3 to the first item.
A speaker spoke about an incident that happened on her street and stated concerns with
problems the city is having potentially due to sober living homes.
PLANNING COMMISSIONER COMMENTS AND SUGGESTIONS:
Chair Andranian stated moving the items around on the agenda is within his discretion and gave
reasons why he moved Public Hearing Item No. 3 to the first item.
The Chair closed Commissioner comments.
CONSENT CALENDAR (00:30:03)
The Chair asked if anyone wanted to pull the Consent Calendar item. No one responded.
1. MINUTES FOR THE MEETING OF MARCH 13, 2017
MOTION: Move approval of the Consent Calendar.
Moved by Vice -Chair de Arakal, seconded by Commissioner Harlan.
The motion carried by the following roll call vote:
Ayes: Andranian, de Arakal, Harlan, Kerins
Noes: None
Absent: Navarro Woods
Abstained: None
PUBLIC HEARINGS (00:30:18)
3. CO -17-02: CODE AMENDMENT TO AMEND SECTIONS OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE (PLANNING, ZONING AND DEVELOPMENT), RELATING TO
GROUP HOMES, RESIDENTIAL CARE FACILITIES, AND REASONABLE
ACCOMMODATION
Description: The proposed ordinance for Planning Commission consideration will modify
Title 13 of the Costa Mesa Municipal Code with regard to group homes, state licensed
facilities and boardinghouses in the Multiple -Family and Single -Family Residential zones and
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Planned Development zones. The revisions are intended to streamline the City's review of
these applications and provide additional protections for residents of these facilities.
Environmental Determination: The ordinance is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) (General
Rule).
Sheri Vander Dussen, Interim Assistant Director/ Community Improvement, presented the staff
report.
Commissioners, Ms. Vander Dussen and Tarquin Preziosi, Assistant City Attorney, discussed
the cost of the appeal process and the required separation for group homes.
PUBLIC COMMENTS
Barrie Fischer, Costa Mesa resident, spoke in opposition to the code amendment.
Kim Hendricks, Costa Mesa resident, spoke in opposition to the code amendment.
Dan Miller spoke in support of the revisions to require transportation to be provided to any sober
living home resident that is evicted; spoke in opposition to the modifications of the 650 -foot
separation requirement and the minor conditional use permit determination; and suggested
looking into if the definition of boarding homes applies to the group homes in the city.
Frank Clarkson, Costa Mesa resident, spoke in opposition to the code amendment.
Julie Patterson, Costa Mesa resident, spoke against amending the 650 -foot separation
requirement.
A speaker spoke in opposition to the sober living homes in the city.
Karen McClurry, Costa Mesa resident, spoke in opposition to the sober living homes in the city.
A speaker stated concerns with sober living homes' conditional use permits running with the
land and density issues sober living homes create in the city.
Pat Finn, Costa Mesa resident, spoke in opposition to the code amendment.
A speaker asked to delete the director's approval to deviate from the 650 -foot determination in
the code amendment and stated concerns with living near a sober living home.
Sally Hansen, Costa Mesa resident, stated concerns with proximity to schools not being included
in the ordinance and asked to keep the 650 -foot separation requirement.
A speaker stated concerns with the sober living homes in the city and asked to make it harder
on the operators.
Cindy Black, Costa Mesa resident, asked who initiated the code amendment and spoke in
opposition to the code amendment.
A speaker stated concerns with the city's group home ordinances.
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A speaker asked to put proximity to school in the ordinance; stated incidents occurring at sober
living homes; and stated concerns with the code amendment.
The Chair closed the public hearing.
Commissioners, Staff, and Assistant City Attorney discussed the city's group home ordinances
and the proposed changes in the code amendment.
Vice -Chair de Arakal made a motion to adopt the modified ordinance to only add the
transportation requirement of a patient is involuntary evicted from a facility, leaving the rest of
the ordinance as it currently stands as is. Commissioner Harlan seconded it for discussion
purposes.
Commissioner Kerins suggested adding to the motion that noticing be expanded to a 650 -foot
radius instead of 500 -foot; and the 650 -foot radius noticing should include other types of group
housing and schools, daycares, tot lots, and elderly facilities.
Vice -Chair de Arakal stated he was willing to include that change in his motion.
Mr. Preziosi asked for clarification on what the motion was for the reasonable accommodation
procedure of Section 13-200.62 of Article 15 on handwritten page 12 of the staff report. Chair
Andranian clarified that staff proposes to strike the last paragraph in Section D and in Section
E proposes striking the existing subsections 1-10 and replace it with new sections 1 and 2.
Vice -Chair de Arakal and Mr. Preziosi discussed the reasons behind the changes to
reasonable accommodation procedure in the code amendment.
MOTION: (substitute motion) Move that the Planning Commission recommend to the
City Council approval of Code Amendment CO -17-02 with the understanding that the
existing ordinance as it exists in law remains and find that the amendments are
categorically exempt from the provision of the California Environmental Quality Act
(CEQA) under Section 15061(b)(3) as follows:
Planning Commission supported
• Revisions regarding reasonable accommodation
• Revisions regarding involuntary termination of residency with minor clerical
changes
• Provisions allowing denial of special use permit in the R1 zone
Planning Commission did not support
• Use of a minor conditional use permit instead of a conditional use permit
• Modifications to the provisions to allow deviations from the 650 -foot separation
requirement
Planning Commission recommended the following additions to the ordinance
• The number of persons on probation or parole be limited to one in each facility
• To collect transient occupancy tax
• Noticing for group homes be expanded from 500 feet to 650 feet.
Moved by Vice -Chair de Arakal, seconded by Chair Andranian.
Ms. Vander Dussen asked if the maker of the motion and the second agreed with not requiring
a hearing to deny a special use permit in the R1 zone. Vice -Chair de Arakal agreed to adding
it to the motion.
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Commissioner Harlan encouraged sober living home operators to give their perspective on
the issue and suggested using compassion when dealing with the sober living home issue.
The motion carried by the following roll call vote:
Ayes: Andranian, de Arakal, Harlan, Kerins
Noes: None
Absent: Navarro Woods
Abstained: None
The Chair explained this matter will be automatically scheduled for City Council review so
there is no appeal process.
1. PA -16-64: CONDITIONAL USE PERMIT AT 1901 NEWPORT BOULEVARD, SUITES 100,
177, 261 AND 269
Project Description: The proposed project is a request for a conditional use permit to
continue operation of an existing church (Saddleback Church) with a deviation from the
shared parking requirements due to off -set hours of operation. Saddleback Church is
currently occupying 19,312 sq. ft. of tenant space in four suites within the 1901 Newport office
building. Uses include: an assembly/worship hall in Suite 100, religious education in Suite
177, youth education in Suite 261, and administrative offices in Suite 269. The proposed
hours for three main services on Sunday are 8:00 a.m., 9:30 a.m. and 11:15 a.m.; and
evening ministry services are Monday through Wednesday from 6:00 p.m. to 8:00 p.m.
Environmental Determination: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) under Section 15301 (Class 1), Existing
Facilities.
No ex -parte communications to report.
Minoo Ashabi, Principal Planner, presented the staff report.
Commissioners and Ms. Ashabi discussed the sunset clause in the past conditional use permit;
how many staff members handle the traffic flow; maximum number of attendees; and 2014 traffic
study.
PUBLIC COMMENTS
Randy Craft, applicant, stated he has read the conditions of approval and agrees to them.
Vice -Chair de Arakal asked, Mr. Craft if the location will be a permanent or temporary location.
Mr. Craft responded this is a temporary location and he would agree to come back in two years
to request another conditional use permit to operate at the location.
No public comments.
The Chair closed the public hearing.
MOTION: Find that the project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) under Section 15301, and that the
Planning Commission adopt a resolution to approve Planning Application PA -16-64,
subject to conditions of approval with the following modification:
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Condition of Approval No. 17 to read: "The City grants this conditional use permit for
a period of two (2) years from March 27, 2017 to March 27, 2019 based on the
applicant's temporary need to operate at this location. The two (2) year approval period
is generally consistent with the applicant's lease term at the Property. On March 28,
2019, whether or not the applicant extends the lease term, the approvals set forth
herein shall have no further force or effect nor shall it require additional notice and/or
hearing to terminate. Any operation beyond this period shall require a new application
for conditional use permit".
Moved by Commissioner Kerins, seconded by Vice -Chair de Arakal.
RESOLUTION PC -17-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -16-64 FOR
CONTINUED OPERATION OF A CHURCH USE LOCATED AT 1901 NEWPORT
BOULEVARD, SUITES 100, 117, 261 & 269
The motion carried by the following roll call vote:
Ayes: Andranian, de Arakal, Harlan, Kerins
Noes: None
Absent: Navarro Woods
Abstained: None
The Chair explained the appeal process.
2. PA -16-70: CONDITIONAL USE PERMIT AT 704 WEST 16TH STREET
Project Description: Conditional use permit for a dog day care and boarding facility (The
Puppy Playhouse) in an existing 2,400 square feet industrial building with 2,700 square feet
of outdoor play space. The applicant proposes to accommodate for a maximum of 60 dogs
and operate during the hours of 6:00 a.m. to 9:00 p.m. daily. The business also offers
incidental services in obedience training, hydro -therapy, and dog walking.
Environmental Determination: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) under Section 15301 (Class 1), Existing
Facilities.
No ex -parte communications to report.
Roger Rath, Assistant Planner, presented the staff report.
PUBLIC COMMENTS
Mark Seltzer, applicant, stated he has read the conditions of approval and agreed with them. He
stated they will direct their clients to not use the alley to enter their location; have trained their
employees on keeping the area clean; and explained the importance of affordable hydrotherapy
that they offer.
Commissioner Harlan asked if they could accommodate sixty dogs for overnight stays. Mr.
Seltzer responded yes.
Commissioner Kerins asked what the staff ratio was to take care of the sixty dogs. Mr. Seltzer
responded the ratio is 20 dogs to 1 staff.
Chip Butera, Costa Mesa resident, stated concerns with traffic, parking, and noise.
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Michelle Moore spoke in support of the application.
Christen Blankenship spoke in support of the application.
Bridgett Steiner spoke in support of the application.
Lynn Jenetta spoke in support of the application.
The Chair closed the public hearing.
Vice -Chair de Arakal asked if a conditional use permit can be reviewed for compliance at any
time. Ms. Ashabi responded yes.
Chair Andranian asked where in the conditions it addresses noise concerns. Mr. Rath
responded in Condition of Approval No. 10.
Commissioner Kerins stated concerns with the employee ratio per dog. Ms. Ashabi responded
it could be added in Condition of Approval No. 13; 15 dogs to 1 staff ratio.
MOTION: Move that the Planning Commission finds that the project is categorically
exempt from the provisions of the California Environmental Quality Act section 15301;
and that the Planning Commission adopt a resolution to approving Planning
Application PA -16-70, subject to conditions of approval with the following
modifications:
Condition of Approval No. 10 to read: "The business shall be conducted, at all times,
in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The
applicant and/or business owner shall institute whatever security and operational
measures are necessary to comply with this requirement, such as reducing the
number of dogs, limiting outdoor breaks, number and frequency of walks, etc".
Condition of Approval No. 13 to read: "A staff or caretaker shall remain on the premises
overnight with the dogs. A ratio of 1 employee to 15 dogs shall be on-site at all times".
Moved by Chair Andranian, seconded by Vice -Chair de Arakal.
Commissioner Kerins asked to include in the motion a minimum of two employees during
business hours.
Chair Andranian and Vice -Chair de Arakal did not agree on including it in their motion.
RESOLUTION PC -17-11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -16-70 FOR A
CONDITIONAL USE PERMIT TO ALLOW A DOG DAYCARE AND BOARDING FACILITY
LOCATED AT 704 WEST 16TH STREET
The motion carried by the following roll call vote:
Ayes: Andranian, de Arakal, Harlan
Noes: Kerins
Absent: Navarro Woods
Abstained: None
The Chair explained the appeal process.
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DEPARTMENTAL REPORT(S)
1. Public Services Report — none.
2. Development Services Report — Jay Trevino, Development Services Department Consultant,
reported that the next meeting for the Planning Commissioner is tomorrow night. The next regular
Planning Commission meeting is on April W1 and the agenda includes a small lot residential
project, new drive through restaurant, ordinance amendments dealing with Measure Z and
accessory buildings, and a review of the alcohol permit for the 99 Cents Only Store on Harbor
Boulevard. Mr. Trevino ended his comments recognizing Claire Flynn; and newly hired city
planners Roger Rath and Johnwilly Aglupos.
CITY ATTORNEY'S OFFICE REPORT(S)
1. City Attorney — none.
Submitted by:
JAY TREVINO, ACTING SECRETARY
COSTA MESA PLANNING COMMISSION
Minutes — Regular Meeting — March 27, 2017 - Page 8
ATTACHMENT 6
PLANNING COMMISSION
AGENDA REPORT
MEETING DATE: MARCH 27, 2017 ITEM NUMBER: :3
SUBJECT: CODE AMENDMENT CO -17-02 TO AMEND SECTIONS OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE (PLANNING, ZONING AND DEVELOPMENT), RELATING
TO GROUP HOMES, RESIDENTIAL CARE FACILITIES, AND REASONABLE
ACCOMMODATION
DATE: MARCH 23, 2017
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: SHERI VANDER DUSSEN, AICP, INTERIM ASSISTANT DIRECTOR
FOR FURTHER INFORMATION CONTACT: Sheri Vander Dussen (714) 754-5617
Sheri.vanderdussen@costamesaca.gov
DESCRIPTION
The proposed ordinance for Planning Commission consideration will modify Title 13 of
the Costa Mesa Municipal Code with regard to group homes, state licensed facilities and
boardinghouses in the Multiple -Family and Single -Family Residential zones and Planned
Development zones. The revisions are intended to streamline the City's review of these
applications and provide additional protections for residents of these facilities.
APPLICANT OR AUTHORIZED AGENT
This Code Amendment has been initiated by the City of Costa Mesa.
ENVIRONMENTAL DETERMINATION
The ordinance is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) (General Rule).
RECOMMENDATION
1. Find that the project is categorically exempt from the provisions of the California
Environmental Quality Act per Section 15061(b)(3); and
2. Recommend that the City Council approve Code Amendment CO -17-02
_ _I
BACKGROUND
On October 21, 2014, the City Council adopted Ordinance 14-13 revising Title 13 of the
CMMC to add Chapter XV, which established conditions for granting a special use permit
to group homes, residential care facilities and alcohol and drug treatment facilities serving
six or fewer residents in the City's single-family residential (R1) zones. On November 17,
2015, the City Council adopted Ordinance 15-11 to add Chapter XVI, which established
conditions for granting a special use permit to group homes, residential care facilities and
alcohol and drug treatment facilities serving six or fewer residents, and a conditional use
permit to such facilities serving seven or more residents in the City's multiple family
residential zones (R2 -MD, R2 -HD, R3 PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI).
Pursuant to the Health & Safety Code, facilities licensed by the state of California
Departments of Social Services or Health Care Services to provide services to six or
fewer residents are deemed to be residential uses and are generally not subject to local
regulation other than those that apply to similarly situated dwellings. However, unlicensed
facilities serving six or fewer residents, and all licensed and unlicensed facilities serving
seven or more residents, are subject to compliance with the City's zoning regulations.
Persons who are recovering from addiction to drugs and/or alcohol are considered to be
disabled under state and federal law. The City cannot treat these residents differently
than it treats residents who are not disabled.
Pursuant to these ordinances, the City has received and decided the following
applications:
ANALYSIS
The following revisions are intended to streamline the review process for group homes
subject to the requirements of Ordinances 14-13 and 15-11. The modifications will clarify
findings required to approve requests for reasonable accommodations and will allow
decisions on reasonable accommodation to be appealed to the City Council. The
revisions will change the permit requirement for group homes serving seven or more
residents to a minor conditional use permit instead of a conditional use permit. The
revisions would also add requirements for operators to follow in cases where a resident
is involuntarily discharged, and specify that vehicles serving the group home must comply
with the operational requirements of the Vehicle Code.
..-. -7
4
Apps
Apps
Apps denied
Apps
Appeals to
received
approved
pending
Council
Special Use
19
11
4
4
4
Permits
Conditional
26
1
3
22
4
Use Permits
ANALYSIS
The following revisions are intended to streamline the review process for group homes
subject to the requirements of Ordinances 14-13 and 15-11. The modifications will clarify
findings required to approve requests for reasonable accommodations and will allow
decisions on reasonable accommodation to be appealed to the City Council. The
revisions will change the permit requirement for group homes serving seven or more
residents to a minor conditional use permit instead of a conditional use permit. The
revisions would also add requirements for operators to follow in cases where a resident
is involuntarily discharged, and specify that vehicles serving the group home must comply
with the operational requirements of the Vehicle Code.
..-. -7
4
Reasonable Accommodation
A reasonable accommodation may be requested when strict compliance with one or more
of the City's standards is not feasible because it would deny the disabled equal
opportunity to use and enjoy a dwelling. Under the federal Fair Housing Amendments
Act, the City is required to make reasonable accommodations from the Zoning Code.
While reasonable accommodation requests are often filed in connection with applications
for group homes and residential care facilities, these procedures are available to all
applicants. Requests for reasonable accommodation are reviewed and decided by the
Director of Economic and Development Services. Decisions of the Director are posted
online and may be appealed within seven days to the Planning Commission.
Revisions to Section 13-200.62 of the CMMC will make the following changes:
• The standard of review for an appeal is changed to a de novo hearing, meaning
the Planning Commission may consider the project in its entirety. Currently, the
Code specifies that appeal hearings shall not be de novo.
• The grounds on which to evaluate requests for reasonable accommodation have
been clarified. Currently, the code requires a finding that a request will not result
in a direct threat to the health or safety of others, or physical damage to the
property of others. The revisions will allow the Director to consider the scale and
intensity of residential uses in the surrounding neighborhood when evaluating an
accommodation request, or potential adverse external impacts on properties in the
vicinity. The standard for evaluation of economic impacts will also be modified.
Currently, the code requires a finding that the accommodation is necessary to
make facilities economically viable. The revision will clarify that this finding applies
generally to all group homes+, not just to a particular applicant.
Review process for group homes in multi -family zones containing seven or more
residents
Currently, group homes serving seven or more residents require approval of a conditional
use permit (CUP). CUPs are reviewed and decided by the Planning Commission at a
noticed public hearing. The proposed revisions will streamline the review process by
requiring a Minor CUP instead. A Minor CUP is decided by the City's Zoning
Administrator. The findings required to approve a minor CUP and a regular CUP are the
same. Notice is given of the pending action in the same manner as notice is given for
Planning Commission hearings; however, the Zoning Administrator does not hold a public
hearing. Instead, the Zoning Administrator considers all written input provided by a
specified date before rendering a decision. The Zoning Administrator may approve, deny
or conditionally approve a minor CUP. Decisions of the Zoning Administrator are
published on the City's website and may be appealed to the Planning Commission.
Appeals will be considered by the Planning Commission at a fully noticed public hearing.
Decisions of the Planning Commission on such appeals may be appealed to the City
Council. Again, appeals will be considered by the City Council at a noticed public hearing.
,-7q--
The Zoning Code identifies more than two dozen land uses that are subject to review and
approval of a minor CUP. This review process is generally employed when decisions are
to be based on compliance with standards set forth in the Zoning Code. In the case of
group homes, the City has adopted detailed regulations governing the location and
operation of group homes. These standards lend themselves to the streamlined
procedure available through the Minor CUP process. It is intended that this modification
to permit requirements will be retroactive, meaning all CUP applications on file will be
processed as Minor CUPs.
Review process for group homes in single-family and multi -family zones
containing six or fewer residents
Facilities licensed by the state to care for up to six residents are exempt from local
regulation per state law. However, unlicensed group homes serving up to six residents
in any residential zone must obtain approval of a Special Use Permit (SUP). Presently,
the Director of Economic and Development Services is authorized to approve or deny
these permits, based on the facility's compliance with the adopted standards for location
and operation. If the facility is located in the R1 zone and does not comply, the Director
currently is obligated to hold a hearing prior to making a determination to deny the
application. For properties in the MFR zones, the director is not required to hold a hearing
to deny an application, but has been doing so as a matter of course. Given that the
Director has very limited ability to approve an application that does not comply with the
City's standards, the hearing has not proven to be relevant to the decision process. The
proposed revisions would provide consistency between the requirements for R1 and MRF
zones, and allow the Director to make a determination to approve or deny a SUP without
holding a hearing. Decisions would still be posted on the City's website and would be
appealable to the Planning Commission and the City Council. This provision is also
intended to be retroactive to applications already on file.
Evictionlinvoluntary termination of residency
The Zoning Code already requires a facility operator to take certain steps when a resident
is evicted or involuntarily discharged from the facility. These steps are intended to protect
residents in recovery at the facility. For group homes of any size located in the MFR
zones, the operator must make available transportation to the address listed on the
resident's driver's license or permanent address. The group home operator may not
satisfy this requirement simply by providing payment for such transportation. The
proposed amendment would add the following provisions:
• For group homes of 6 or fewer located in the R1 zones, the amendment adds the
requirement from the MFR zones that the operator must make available
transportation to the address listed on the resident's driver's license or permanent
address.
• For all group homes, the operator must notify the resident's emergency contact or
contact of record that the resident is no longer living at the facility.
• The operator must contact the Orange County Health Care Agency's OC Links
Referral Line to determine what services, if any, might be available to the resident.
Any information obtained must be shared with the resident prior to their release.
• The operator must contact the City's Network for Homeless Solutions and
determine what services, if any, might be available to the resident. Again, this
information must be provided to the resident prior to release.
• The operator must maintain records for a period of one year following eviction or
involuntary termination of the resident to document compliance with these notice
provisions.
Staff is making these recommendations in part because residents in group homes come
from all parts of the country. As such, those from outside of the area often lack a local
support system and are especially vulnerable to becoming homeless. These new
requirements are intended to minimize the opportunity for the resident to become
homeless immediately upon involuntary separation from the group home.
Compliance with Vehicle Code
The new provisions will reinforce the obligations of drivers making deliveries of supplies
or passengers to comply with all applicable provisions of the California Vehicle Code,
such as those related to parking, stopping and licensure.
Required Separation between Group Homes
The zoning code requires group homes serving those in recovery to be at least 650 feet
from any other similar group home. The proposed amendment will maintain this standard,
and it will add language that would allow the Director of Economic and Development
Services to allow a smaller separation if it can be determined that such location will not
result in an over -concentration of similar uses in the neighborhood.
The intent of the separation requirement was to prevent the over -concentration of group
homes in a single block. Sometimes, a group home located two streets away from the
subject facility will create a separation issue, or the separation between an existing and
proposed facility is almost 650 feet. Approval of the proposed language will provide the
Director with more latitude to approve a location that is consistent with the City's intent to
avoid over -concentration of group homes in a block.
ENVIRONMENTAL DETERMINATION
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 CEQA because there
is no possibility that the proposed amendment to the Zoning Code will have a significant
effect on the environment.
_91—
LEGAL REVIEW
The draft ordinance has been reviewed and approved as to form by the City Attorney's
Office.
PUBLIC NOTICE
Notice of this public hearing was provided pursuant to Section 13-29(d) of the CMMC.
1. A quarter -page ad noticing this hearing was published in the Daily Pilot on March 17,
2017.
2. Notices were posted in designated locations on March 17, 2017.
3. The City provided informal notice at least ten days prior to the hearing to persons
who have joined an email interest list regarding upcoming actions on group homes.
4. The designated representative for each active application on file with the City for a
group home received a verbal or email notification regarding this public hearing at
least ten days in advance.
ALTERNATIVES
The Planning Commission could recommend that the existing provisions regarding group
homes remain unchanged. The Commission may also suggest modifications to the
proposed ordinance.
CONCLUSION
The proposed amendment will streamline the City's review process while still providing
ample opportunities for public input. It will add protections for the residents of group
homes whose tenure may be terminated involuntarily. Further, it will strengthen the City's
ability to comply with the intent of federal regulations allowing the City to grant a
reasonable accommodation in cases where strict compliance with City standards is not
in the best interest of the disabled population served by these group homes and state
licensed facilities.
SHERI VANDER DUSSEN, AICP JAY TREVINO, AICP
Interim Assistant Director Development Services Department
Community Improvement Consultant
Attachments: 1. Draft Ordinance — Revisions Depicted
2, Draft Ordinance — Clean Version
'3Z-
Distribution: Development Services Department Consultant
Interim Assistant Development Services Director
Interim Assistant Development Services Director/Community
Improvement
Senior Deputy City Attorney
Public Services Director
City Engineer
Transportation Services Director
Fire Protection Analyst
File (2)
ATTACHMENT 1
Revisions
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING TABLE 13-30
OF SECTION 13-30 OF CHAPTER IV (CITYWIDE
LAND USE MATRIX), SECTION 13-200.62
(REASONABLE ACCOMMODATION -OF ARTICLE
15 (REASONABLE ACCOMODATIONS) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS)
AND CHAPTER XV (GROUP HOMES), CHAPTER
XVI (GROUP HOMES AND RESIDENTIAL CARE
FACILITIES IN THE R2, R3, PDRLD, PDRMD, AND
PDRHD ZONES) OF TITLE 13 (PLANNING, ZONING
AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the residential
characteristics of its R2MD, R2HD, and R3 zones; and planned development
residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against
equal housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to
free the handicapped, to the extent possible, from institutional style living; and to
ensure that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a
dwelling is enjoyed by the non -handicapped; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity
to use and enjoy a dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities
to treat state licensed residential care facilities serving six or fewer as a residential
use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 28-38 months, from January 2014 to Septembe
Febfuafy March -2015-2017, the City experienced an increase of 2-5-.484% in the
number of sober living facilities and residential care facilities in the multiple -family
residential zones. Those new facilities resulted in an increase of 442715 -beds,
which is a 2"113% increase in beds since January of 2014. As of September
2015€ebFuaetMarch 1, 2017 the City had a total of 84-11545 residential care
facilities in the multi -family residential zones, with an estimated 8,341347 -beds to
treat drug and alcohol addiction IeGated in its multiple family Fe;
and
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 4586-30951,748 alcohol and drug recovery beds, divided as
follows: 4.44263 state licensed residential facilities/certified alcohol and drug
programs in residential zones with six or fewer occupants, providing 444-352 beds;
19 state licensed facilities with seven or more bedsoccupants providing 269
beds:487-7 97 unlicensed sober living homes in all residential zones, providing
608-1.127 beds; itncluded in those 487-96-7 homes are 44-10 homes that have
submitted been issued Special Use Permits per the R1 Ordinance,
providing 252 0 0 beds-, and 1 approved CUP application per the MFR Ordinance,
providing with 1.1beds; ,
WHEREAS, the City of Costa Mesa is currently home to almost 2". 29% of
the state licensed residential drug and alcohol treatment facilities in Orange
County, while the City holds 3.6% of the County's population,, thus, it is reasonable
to infer that unlicensed sober living homes are locating in the City at a higher
concentration than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, because of their extremely transient populations, above -
normal numbers of individuals/adults residing in a single dwelling and the lack of
regulations, sober living facilities present problems not typically associated with
more traditional residential uses, including but not limited to: the housing of large
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numbers of unrelated adult who may or may not be supervised; disproportionate
numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on -street parking; excessive noise and
outdoor smoking, which interferes with the use and enjoyment of neighbors' use
of their property; neighbors who have little to no idea who does and does not reside
in the home; little to no participation in community activities that form and
strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to
the neighborhood; disproportional impacts from the average dwelling unit to nearly
all public services including sewer, water, parks, libraries, transportation
infrastructure, fire and police; a history of congregating in the same general area;
and the potential influx of individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a
single dwelling or congregating sober living homes in close proximity to each other
does not provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential
surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize impacts to the surrounding neighborhood; and
that the secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
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remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, the residents of group and sober living homes come to the City
from all parts of the country and often lack established ties to the community and
lack a local support system independent of the group or sober living home and are
especially vulnerable to becoming homeless upon eviction; and some such evicted
resident have in fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group
and sober living homes provide the residents information regarding the available
local housing resources prior to eviction from a home; 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Section 13-200.62 of Article 15 (Reasonable Accommodations) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and
Development) is hereby amended as follows:
Sec. 13-200.62. - Reasonable accommodations—Procedure.
(a) Application required. An application for a reasonable accommodation shall
be filed and processed with the planning division. The application shall
include the following information and be subject to the determinant factors
required by this section.
(b) Submittal requirements. The application shall be made in writing, and
shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which
accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled
under state or federal law, and why the accommodation is necessary to
provide equal opportunity for housing and to make the specific housing
available to the individuals;
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(3) Any other information that the director reasonably determines is
necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability;
(b) applying on behalf of one (1) or more individuals with a disability; or
(c) a developer or provider of housing for one (1) or more individuals with
a disability;
(5) The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested
by the applicant is necessary to provide one (1) or more individuals with
a disability an equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is
necessary to determine whether the findings required by subsection (e)
can be made, so long as any request for information regarding the
disability of the individuals benefited complies with fair housing law
protections and the privacy rights of the individuals affected.
(c) Fees. No application fee is required.
(d) Director action. Within sixty (60) days of receipt of a completed
application, the director shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and
the modification or revocation thereof in compliance with this chapter. Any
appeal to reasonable accommodation request denial or conditional approval
shall be heard with, and subject to, the notice, review, approval, and appeal
procedures prescribed for any other discretionary permit prev+ded th
appeal shall not be de eve and the plaRning shall deteFn*'Pfe-
whetheF the findings made by the d*FeStOF aFe suppeFted by substantial
heaf .
(e) Grounds for reasonable accommodation. The following factors shall be
considered in determining whether to grant a reasonable requested
accommodation:
(1) Is the requested accommodation necessary to afford a disabled person an
equal opportunity to use and enioy a dwelling? To determine whether the
accommodation is necessary the director may consider, among other
things: The nature of the disability_ including the special needs created by
the disability, the physical attributes and setting of the property and
structures the potential benefit that can be accomplished by the requested
accommodation and alternative accommodations that may provide a
comparable level of benefit.
_�Sq—
(2) Is the requested accommodation reasonable? A requested
accommodation is not reasonable if it would impose an undue financial or
administrative burden on the City. It is also not reasonable if it would
fundamentally alter.a City grogram such as the City's zoning scheme.
(A) In considering the financial or administrative burden on the City, the
director may consider, among other things the extent to which the
City would have to dedicate resources such as staff time and funds,
to grant the request and other requests like it.
(B) In considering the potential alteration to a City program, such as the
City's zoning scheme, the director may consider, among other
things whether granting the request would be consistent with the
City's General Plan, with the purpose and nature of the particular
zoning district and with nearby uses. The director may also consider
whether the requested accommodation would potentially have
adverse external impacts on properties in the vicinity.
benefit
tyi-
geaeralplan and
(10) The pFepeFty will be used by divid, -1 with disabb.0it- -FeteGted
(f) Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following
findings, all of which are required for approval. In making these findings, the
director may approve alternative reasonable accommodations which provide
an equivalent level of benefit to the applicant.
(1) The requested accommodation is requested by or on the behalf of
one (1) or more individuals with a disability protected under the fair
housing laws.
Qo
(2) The requested accommodation is necessary to provide one (1) or
more individuals with a disability an equal opportunity to use and enjoy a
dwelling.
(3) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law.
(4) The requested accommodation is consistent with surrounding uses in
scale and intensity of use
housekeeping unit..
(5) The requested accommodation will not, under the specific facts of the
case, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's
showing that the requested accommodation is necessary, then a finding
that the requested accommodation is necessary to make facilities of a
similar nature or operation economically viable in light of the particularities
of the relevant market and market participants generally, not Lust for that
particular applicant
(7) Whether the existing supply of facilities of a similar nature and
operation in the community is sufficient to provide individuals with a
disability an equal opportunity to live in a residential setting.
(8) The requested accommodation will not result in a fundamental
alteration in the nature of the city's zoning program.
(g) The city may consider, but is not limited to, the following factors in
determining whether the requested accommodation would require a
fundamental alteration in the nature of the city's zoning program.
(1) Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in
traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's general plan or an
applicable specific plan.
(4) Whether the requested accommodation would create an
institutionalized environment due to the number of and distance between
facilities that are similar in nature or operation.
(5) Any other factors that would cause a fundamental alteration in the
city's zoning program, as may be defined in the Fair Housing Law.
Section 2: Section 13-311 of Chapter XV (Group homes) of Title 13 (Planning,
Zoning and Development) is hereby amended as follows:
Sec. 13-311. - Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may
locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the
following: (1) the name, address, phone number and driver's license
number of the owner/operator; (2) the name, address, phone number
and driver's license number of the house manager; (3) a copy of the
group home rules and regulations; (4) written intake procedures; (5) the
relapse policy; (6) an affirmation by the owner/operator that only
residents (other than the house manager) who are handicapped as
defined by state and federal law shall reside at the group home; (7) blank
copies of all forms that all residents and potential residents are required
to complete; and (8) a fee for the cost of processing of the application as
set by resolution of the city council. No person shall open a group home
or begin employment with a group home until this information has been
provided and such persons shall be responsible for updating any of this
information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house
manager, but in no event shall have more than seven (7) occupants. If
the dwelling unit has a secondary accessory unit, occupants of both units
will be combined to determine whether or not the limit of six (6)
occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit
unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group
home or any multiple of persons acting as a house manager who are
present at the group home on a twenty -four-hour basis and who are
responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit
shall, at all times, be available for the parking of vehicles. Residents and
the house manager may each only store or park a single vehicle at the
dwelling unit or on any street within five hundred (500) feet of the
dwelling unit. The vehicle must be operable and currently used as a
primary form of transportation for a resident of the group home.
(6) Occupants must not require and operators must not provide "care
and supervision" as those terms are defined by Health and Safety Code
Section 1503.5 and Section 80001(c)(3) of title 22, California Code of
Regulations.
(7) Integral group home facilities are not permitted. Applicants shall
declare, under penalty of perjury, that the group home does not operate
as an integral use/facility.
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(8) If the group home operator is not the property owner, written approval
from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes,
municipal code and zoning.
(10) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's drive_ r
license state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(11) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home,
ii. contact the Orange County Health Care Agency OC Links Referral_
Line to determine the services available to the occupant, including but
not limited to alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home determine the services available
therefrom and provide this information to the occupant prior to his or her
release: and
iv maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii. and iii:
provided however, that nothing in this section shall require an operator
of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(12) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code including but not limited to those provisions regulating
licensure and parking, standing and stopping.
(13) In addition to the regulations outlined above, the following shall also
apply to sober living homes:
i. The sober living home is not located within six hundred fifty (650)
feet, as measured from the closest property lines, of any other sober
living home or a state licensed alcoholism or drug abuse recovery or
treatment facility, unless the director determines that such location
will not result in an over -concentration of similar uses.
ii. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not
limited to, Alcoholics Anonymous or Narcotics Anonymous and the
sober living home must maintain current records of meeting
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attendance. Under the sober living home's rules and regulations,
refusal to actively participate in such a program shall be cause for
eviction.
iii. The sober living home's rules and regulations must prohibit the
use of any alcohol or any non-prescription drugs at the sober living
home or by any recovering addict either on or off site. The sober
living home must also have a written policy regarding the
possession, use and storage of prescription medications. The facility
cannot dispense medications but must make them available to the
residents. The possession or use of prescription medications is
prohibited except for the person to whom they are prescribed, and in
the amounts/dosages prescribed. These rules and regulations shall
be posted on site in a common area inside the dwelling unit. Any
violation of this rule must be cause for eviction under the sober living
home's rules for residency and the violator cannot be re -admitted for
at least ninety (90) days. Any second violation of this rule shall result
in permanent eviction. Alternatively, the sober living home must
have provisions in place to remove the violator from contact with the
other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit
set forth in Penal Code Section 3003.5 and does not violate the
distance provisions set forth in Penal Code Section 3003.
v. The sober living home shall have a written visitation policy that
shall preclude any visitors who are under the influence of any drug
or alcohol.
vi. The sober living home shall have a good neighbor policy that
shall direct occupants to be considerate of neighbors, including
refraining from engaging in excessively loud, profane or obnoxious
behavior that would unduly interfere with a neighbor's use and
enjoyment of their dwelling unit. The good neighbor policy shall
establish a written protocol for the house manager/operator to follow
when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following
services as they are defined by Section 10501(a)(6) of Title 9,
California Code of Regulations: detoxification; educational
counseling; individual or group counseling sessions; and treatment
or recovery planning.
114 An applicant may seek relief from the strict application of this section
by submitting an application to the director setting forth specific reasons
as to why accommodation over and above this section is necessary
under state and federal laws, pursuant to section 13-200.62.
(b) The special use permit shall be issued by the director as a ministerial
matter if the applicant is in compliance or has agreed to comply with
subsections (a)(1) through (a)(123) above. The special use permit shall be
denied, and if already issued, any transfer shall be denied or revoked, upon a
Dear+ng-determination by the director under any of the following
circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent
information;
(2) Any owner/operator or staff person has an employment history in
which he or she was terminated during the past two (2) years because of
physical assault, sexual harassment, embezzlement or theft; falsifying a
drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded
nolo contendere, within the last seven (7) to ten (10) years, to any of the
following offenses:
i. Any sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last ten (10)
years);
ii. Arson offenses—Violations of Penal Code Sections 451--455
(last seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any time
thereafter.
(5) The owner/operator accepts residents, other than a house manager,
who are not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied, and
if already issued, any transfer shall be denied or revoked, upon a hearing
determination by the director under any of the following additional
circumstances:
i. Any owner/operator or staff person of a sober living home is a
recovering drug or alcohol abuser and upon the date of application
or employment has had less than one (1) full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately
take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively
participating in a legitimate recovery program from contact with all
other sober residents.
iii. The sober living home, as measured by the closest property lines,
is located within six hundred fifty (650) feet of any other sober living
home or state licensed alcoholism or drug abuse recovery or
treatment facility. If a state licensed alcoholism or drug abuse
recovery or treatment facility moves within six hundred fifty (650)
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feet of an existing sober living home this shall not cause the
revocation of the sober living home's permit or be grounds for
denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section
and/or any other applicable laws and/or regulations, including but not
limited to failure to comply with the provisions of subsection (a)(10)
and/or (11).
(8) Revocation shall not apply to any group home, which otherwise would
cause it to be in violation of this Ordinance, that has obtained a
reasonable accommodation pursuant to section 13-200.62.
Section 3: Sections 13-322 and 13-323 of Chapter XVI (Group homes and
residential care facilities in the R21VID, R2HD, R3, PRDLD, PDRMD and PDRLD
Zones) of Title 13 (Planning, Zoning and Development) is hereby amended as
follows:
Sec. 13-322. - Group homes in the R2 -MD, R2 -HD and R3 residential zones
and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned
development zones) zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit
the operation of a group home including a sober living home with six or fewer
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following requirements:
(1) The application for and operation of the group home complies with
subsections (a)(1), (a)(2) and (a)(4) through (a)(120) and (a)(14) of -
section 13-311.
(2) The application includes a live scan of the house manager and/or
operator of the group home.
(3) The group home or sober living home is at least 650 feet from any
other property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line unless the director determines that
such location will not result in an over -concentration of similar uses.
(4) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(5) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home the operator thereof shall:
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(..-
i notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home;
ii contact the Orange County Health Care Agency QC Links Referral
Line to determine the services available to the occupant, including but
not limited to alcohol and drug inpatient and outpatient treatment and
provide this information to the occupant prior to his or her release;
iii notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home determine the services available
therefrom and provide this information to the occupant prior to his or her
release; and
iv maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii and iii: provided however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(6) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code including but not limited to those provisions regulating
licensure and parking standin- and stopping.
(b) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to
why accommodation over and above this section is necessary under state
and federal laws, pursuant to section 13-200.62.
(c) Notwithstanding any provision of subsection 13-3119(b) to the contrary,
the development services director may revoke or deny a special use permit
for a group home subject to this chapter following the director's determination
that any of the circumstances set forth in subsections 13-311(b)(1) through
(b)(5), (b)(6)(ii), (b)(6)(iii) and (b)(7) exist.
Sec. 13-323. = Minor cGonditional use permit required for group homes,
residential care facilities and drug and alcohol treatment facilities in the R2 -
MD, R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD,
PDR -NCM, PDC, and PDI (planned development zones) with seven or more
occupants.
A minor conditional use permit shall be required for and may be granted to
allow the operation of a group home, state licensed residential care facility or
state licensed drug and alcohol treatment facility with seven (7) or more
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones subject to the following conditions:
(a) The requirements of Chapter III Planning applications have been met.
_c7-
(b) The group home, residential care facility or state licensed drug and
alcohol treatment facility is at least six -hundred fifty (650) feet from any
property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the reviewing authority
determines that such location will not result in an over -concentration of
similar uses.
(c) The applicant obtains an operator's permit as required by Article 23,
Chapter 2 of Title 9 except that this requirement shall not apply to any
state licensed residential care facility or state licensed drug and alcohol
treatment facility.
(d) The findings for granting a minor conditional use permit in accordance
with subsection 13-29(g) are met.
Section 4: Lines 9, 8 and 10 of Table 13-30 of Section 13-30 of Chapter IV
(Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) are
hereby repealed and replaced with the following:
See Attachment A.
8. Residential care facility, seven (7) or
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9. Group homes. seven (7) or more
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Section 5: Retroactive effect. To to the fullest extent allowed by law, the
requirements of this Ordinance set forth in Section 2, section 13-311(a), and
Section 3, section 13-322(a), herein, are intended to apply to each and every group
home and/or sober living home located in the City, including those that have
applied for and/or received a special use permit prior to the effective date of this
Ordinance.
Section 6: 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 7: 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 8: 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 2017
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
Katrina Foley, Mayor
_qq
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA
CITY OF COSTA MESA )
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 , 2017, and thereafter at the
regular meeting of said City Council duly held on the day of , 2017,
was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa
--100
ATTACHMENT 2
Clean Version
ORDINANCE NO. 17 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING TABLE 13-30
OF SECTION 13-30 OF CHAPTER IV (CITYWIDE
LAND USE MATRIX), SECTION 13-200.62
(REASONABLE ACCOMMODATION -OF ARTICLE
15 (REASONABLE ACCOMODATIONS) OF
CHAPTER IX (SPECIAL LAND USE REGULATIONS)
AND CHAPTER XV (GROUP HOMES), CHAPTER
XVI (GROUP HOMES AND RESIDENTIAL CARE
FACILITIES IN THE R2, R3, PDRLD, PDRMD, AND
PDRHD ZONES) OF TITLE 13 (PLANNING, ZONING
AND DEVELOPMENT) OF THE COSTA MESA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the
City has been granted broad police powers to preserve the residential
characteristics of its R2MD, R2HD, and R3 zones; and planned development
residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against
equal housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman
Act is to provide a broader range of housing opportunities to the handicapped; to
free the handicapped, to the extent possible, from institutional style living; and to
ensure that handicapped persons have the opportunity to live in normal residential
surroundings and use and enjoy a dwelling in a manner similar to the way a
dwelling is enjoyed by the non -handicapped; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the
City provide reasonable accommodations to its zoning ordinances if such
accommodation is necessary to afford a handicapped person an equal opportunity
to use and enjoy a dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities
to treat state licensed residential care facilities serving six or fewer as a residential
use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa
Mesa is attempting to strike a balance between the City's and residents' interests
of preserving the characteristics of residential neighborhoods and to provide
opportunities for the handicapped to reside in such neighborhoods that are enjoyed
by the non -handicapped; and
WHEREAS, over the past several years the City, County and State have
seen a significant increase in the number of single- and multi -family homes being
utilized as alcohol and drug recovery facilities for large numbers of individuals
(hereafter, "sober living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance
Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by
California voters which provides that specified first-time drug and alcohol offenders
are to be afforded the opportunity to receive substance abuse treatment rather
than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the
availability of health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the
number of sober living homes, which has generated secondary impacts including,
but not limited to neighborhood parking shortfalls, overcrowding, inordinate
amounts of second-hand smoke, and noise; and the clustering of sober living
facilities in close proximity to each other creating near neighborhoods of sober
living homes; and
WHEREAS, over the past 38 months, from January 2014 to March 2017,
the City experienced an increase of 84% in the number of sober living facilities and
residential care facilities in the multiple -family residential zones. Those new
facilities resulted in an increase of 715 beds, which is a 113% increase in beds
since January of 2014. As of March 1, 2017 the City had a total of 115 residential
care facilities in the multi -family residential zones, with an estimated 1347 beds to
treat drug and alcohol addiction; and
WHEREAS, currently, in all zones, it is estimated that the City of Costa
Mesa is home to 1,748 alcohol and drug recovery beds, divided as follows: 63 state
102
licensed residential facilities/certified alcohol and drug programs in residential
zones with six or fewer occupants, providing 352 beds; 19 state licensed facilities
with seven or more occupants providing 269 beds; 97 unlicensed sober living
homes in all residential zones, providing 1,127 beds; included in those 97 homes
are 10 homes that have been issued Special Use Permits per the R1 Ordinance,
providing 60 beds; and 1 approved CUP application per the MFR Ordinance,
providing 11 beds;
WHEREAS, the City of Costa Mesa is currently home to almost 29% of the
state licensed residential drug and alcohol treatment facilities in Orange County,
while the City holds 3.6% of the County's population; thus, it is reasonable to infer
that unlicensed sober living homes are locating in the City at a higher concentration
than in nearby communities; and
WHEREAS, over the last decade the number of sober living homes in the
City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober
living homes in certain of the City's residential neighborhoods, which is both
deleterious to the residential character of these neighborhoods and may also lead
to the institutionalization of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable
living environment for persons with drug or alcohol addictions in which they remain
clean and sober and can participate in a recovery program in a residential,
community environment, and so that they have the opportunity to reside in the
residential neighborhood of their choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently
using alcohol or drugs, are considered handicapped under both the FHAA and
FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by
2014 (source: Projections of National Expenditures for Mental Health Services and
Substance Abuse Treatment 2004-2014, U.S. Dept. of Health and Human
Services, Substance Abuse and Mental Health Services Administration, Katharine
R. Levit et al., 2008); and
WHEREAS, because of their extremely transient populations, above -
normal numbers of individuals/adults residing in a single dwelling and the lack of
regulations, sober living facilities present problems not typically associated with
more traditional residential uses, including but not limited to: the housing of large
numbers of unrelated adult who may or may not be supervised; disproportionate
numbers of cars associated with a single housing unit, which causes
disproportionate traffic and utilization of on -street parking; excessive noise and
outdoor smoking, which interferes with the use and enjoyment of neighbors' use
of their property; neighbors who have little to no idea who does and does not reside
in the home; little to no participation in community activities that form and
strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to
the neighborhood; disproportional impacts from the average dwelling unit to nearly
all public services including sewer, water, parks, libraries, transportation
infrastructure, fire and police; a history of congregating in the same general area;
and the potential influx of individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a
single dwelling or congregating sober living homes in close proximity to each other
does not provide the handicapped with an opportunity to "live in normal residential
surroundings," but rather places them into living environments bearing more in
common with the types of institutional/campus/dormitory living that the FEHA and
FHAA were designed to provide relief from for the handicapped, and which no
reasonable person could contend provides a life in a normal residential
surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that
while not in character with residential neighborhoods, that when operated
responsibly, group homes, including sober living homes, provide a societal benefit
by providing the handicapped the opportunity to live in residential neighborhoods,
as well as providing recovery programs for individuals attempting to overcome their
drug and alcohol addictions, and that therefore providing greater access to
residential zones to group homes, including sober living homes, than to
boardinghouses or any other type of group living provides a benefit to the City and
its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is
operated professionally to minimize impacts to the surrounding neighborhood; and
that the secondary impacts from over concentration of both group homes in a
neighborhood and large numbers of unrelated adults residing in a single facility in
an individual home are lessened; and
WHEREAS, based on the City's experience it has become clear that at least
some operators of sober living homes are driven more by a motivation to profit
rather than to provide a comfortable living environment in which recovering addicts
have a realistic potential of recovery, or to provide a living environment which
remotely resembles the manner in which the non -disabled use and enjoy a
dwelling; and
WHEREAS, the residents of group and sober living homes come to the City
from all parts of the country and often lack established ties to the community and
lack a local support system independent of the group or sober living home and are
especially vulnerable to becoming homeless upon eviction; and some such evicted
resident have in fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group
and sober living homes provide the residents information regarding the available
local housing resources prior to eviction from a home; 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA
MESA DOES ORDAIN AS FOLLOWS:
Section 1: Section 13-200.62 of Article 15 (Reasonable Accommodations) of
Chapter IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and
Development) is hereby amended as follows:
Sec. 13-200.62. - Reasonable accommodations—Procedure.
(a) Application required. An application for a reasonable accommodation shall
be filed and processed with the planning division. The application shall
include the following information and be subject to the determinant factors
required by this section.
(b) Submittal requirements. The application shall be made in writing, and
shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which
accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled
under state or federal law, and why the accommodation is necessary to
provide equal opportunity for housing and to make the specific housing
available to the individuals;
(3) Any other information that the director reasonably determines is
necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability;
(b) applying on behalf of one (1) or more individuals with a disability; or
(c) a developer or provider of housing for one (1) or more individuals with
a disability;
(5) The specific exception or modification to the Zoning Code provision,
policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested
by the applicant is necessary to provide one (1) or more individuals with
a disability an equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is
necessary to determine whether the findings required by subsection (e)
can be made, so long as any request for information regarding the
disability of the individuals benefited complies with fair housing law
protections and the privacy rights of the individuals affected.
(c) Fees. No application fee is required.
(d) Director action. Within sixty (60) days of receipt of a completed
application, the director shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and
the modification or revocation thereof in compliance with this chapter. Any
appeal to reasonable accommodation request denial or conditional approval
shall be heard with, and subject to, the notice, review, approval, and appeal
procedures prescribed for any other discretionary permit.
(e) Grounds for reasonable accommodation. The following factors shall be
considered in determining whether to grant a requested accommodation:
(1) Is the requested accommodation necessary to afford a disabled person an
equal opportunity to use and enioy a dwelling? To determine whether the
accommodation is necessary, the director may consider, among other
things: The nature of the disability including the special needs created by
the disability, the physical attributes and setting of the property and
structures the potential benefit that can be accomplished by the requested
accommodation, and alternative accommodations that may provide a
comparable level of benefit.
(2) Is the requested accommodation reasonable? A requested
accommodation is not reasonable if it would impose an undue financial or
administrative burden on the City. It is also not reasonable if it would
fundamentally alter a City program, such as the City's zoning scheme.
(A) In considering the financial or administrative burden on the City, the
director may consider, among other things, the extent to which the
City would have to dedicate resources, such as staff time and funds,
to grant the request and other requests like it.
(B) In considering the potential alteration to a City program, such as the
City's zoning scheme, the director may consider, among other
things whether -granting the request would be consistent with the
City's General Plan, with the purpose and nature of the particular
zoning district and with nearby uses. The director may also consider
whether the requested accommodation would potentially have
adverse external impacts on properties in the vicinity.
(f) Findings. The written decision to approve, conditionally approve, or deny a
request for reasonable accommodation shall be based on the following
findings, all of which are required for approval. In making these findings, the
director may approve alternative reasonable accommodations which provide
an equivalent level of benefit to the applicant.
(1) The requested accommodation is requested by or on the behalf of
one (1) or more individuals with a disability protected under the fair
housing laws.
(2) The requested accommodation is necessary to provide one (1) or
more individuals with a disability an equal opportunity to use and enjoy a
dwelling.
(3) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative
burden" is defined in fair housing laws and interpretive case law.
(4) The requested accommodation is consistent with surrounding uses in
scale and intensity of use.
(5) The requested accommodation will not, under the specific facts of the
case, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's
showing that the requested accommodation is necessary, then a finding
that the requested accommodation is necessary to make facilities of a
similar nature or operation economically viable in light of the particularities
of the relevant market and market participants generally, not just for that
particular applicant.
(7) Whether the existing supply of facilities of a similar nature and
operation in the community is sufficient to provide individuals with a
disability an equal opportunity to live in a residential setting.
(8) The requested accommodation will not result in a fundamental
alteration in the nature of the city's zoning program.
(g) The city may consider, but is not limited to, the following factors in
determining whether the requested accommodation would require a
fundamental alteration in the nature of the city's zoning program.
(1) Whether the requested accommodation would fundamentally alter the
character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in
traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's general plan or an
applicable specific plan.
(4) Whether the requested accommodation would create an
institutionalized environment due to the number of and distance between
facilities that are similar in nature or operation.
107-
(5) Any other factors that would cause a fundamental alteration in the
city's zoning program, as may be defined in the Fair Housing Law.
Section 2: Section 13-311 of Chapter XV (Group homes) of Title 13 (Planning,
Zoning and Development) is hereby amended as follows:
Sec. 13-311. - Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may
locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the
following: (1) the name, address, phone number and driver's license
number of the owner/operator; (2) the name, address, phone number
and driver's license number of the house manager; (3) a copy of the
group home rules and regulations; (4) written intake procedures; (5) the
relapse policy; (6) an affirmation by the owner/operator that only
residents (other than the house manager) who are handicapped as
defined by state and federal law shall reside at the group home; (7) blank
copies of all forms that all residents and potential residents are required
to complete; and (8) a fee for the cost of processing of the application as
set by resolution of the city council. No person shall open a group home
or begin employment with a group home until this information has been
provided and such persons shall be responsible for updating any of this
information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house
manager, but in no event shall have more than seven (7) occupants. If
the dwelling unit has a secondary accessory unit, occupants of both units
will be combined to determine whether or not the limit of six (6)
occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit
unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group
home or any multiple of persons acting as a house manager who are
present at the group home on a twenty -four-hour basis and who are
responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit
shall, at all times, be available for the parking of vehicles. Residents and
the house manager may each only store or park a single vehicle at the
dwelling unit or on any street within five hundred (500) feet of the
dwelling unit. The vehicle must be operable and currently used as a
primary form of transportation for a resident of the group home.
(6) Occupants must not require and operators must not provide "care
and supervision" as those terms are defined by Health and Safety Code
103—
Section 1503.5 and Section 80001(c)(3) of title 22, California Code of
Regulations.
(7) Integral group home facilities are not permitted. Applicants shall
declare, under penalty of perjury, that the group home does not operate
as an integral use/facility.
(8) If the group home operator is not the property owner, written approval
from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes,
municipal code and zoning.
(10) Upon eviction from or involuntary termination of residency in a -group
home the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license state issued identification card or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(11) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home:
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to alcohol and drug inpatient and outpatient treatment and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home determine the services available
therefrom and provide this information to the occupant prior to his or her
release: and
iv maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii and iii: provided however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(12) All drivers of vehicles picking up or dropping_off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code, including but not limited to those provisions regulating
licensure and parking standing and stopping.
(13) In addition to the regulations outlined above, the following shall also
apply to sober living homes:
i. The sober living home is not located within six hundred fifty (650)
feet, as measured from the closest property lines, of any other sober
living home or a state licensed alcoholism or drug abuse recovery or
treatment facility, unless the director determines that such location
will not result in an over -concentration of similar uses.
I (Da
ii. All occupants, other than the house manager, must be actively
participating in legitimate recovery programs, including, but not
limited to, Alcoholics Anonymous or Narcotics Anonymous and the
sober living home must maintain current records of meeting
attendance. Under the sober living home's rules and regulations,
refusal to actively participate in such a program shall be cause for
eviction.
iii. The sober living home's rules and regulations must prohibit the
use of any alcohol or any non-prescription drugs at the sober living
home or by any recovering addict either on or off site. The sober
living home must also have a written policy regarding the
possession, use and storage of prescription medications. The facility
cannot dispense medications but must make them available to the
residents. The possession or use of prescription medications is
prohibited except for the person to whom they are prescribed, and in
the amounts/dosages prescribed. These rules and regulations shall
be posted on site in a common area inside the dwelling unit. Any
violation of this rule must be cause for eviction under the sober living
home's rules for residency and the violator cannot be re -admitted for
at least ninety (90) days. Any second violation of this rule shall result
in permanent eviction. Alternatively, the sober living home must
have provisions in place to remove the violator from contact with the
other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit
set forth in Penal Code Section 3003.5 and does not violate the
distance provisions set forth in Penal Code Section 3003.
v. The sober living home shall have a written visitation policy that
shall preclude any visitors who are under the influence of any drug
or alcohol.
vi. The sober living home shall have a good neighbor policy that
shall direct occupants to be considerate of neighbors, including
refraining from engaging in excessively loud, profane or obnoxious
behavior that would unduly interfere with a neighbor's use and
enjoyment of their dwelling unit. The good neighbor policy shall
establish a written protocol for the house manager/operator to follow
when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following
services as they are defined by Section 10501(a)(6) of Title 9,
California Code of Regulations: detoxification; educational
counseling; individual or group counseling sessions; and treatment
or recovery planning.
(141 An applicant may seek relief from the strict application of this section
by submitting an application to the director setting forth specific reasons
as to why accommodation over and above this section is necessary
under state and federal laws, pursuant to section 13-200.62.
(b) The special use permit shall be issued by the director as a ministerial
matter if the applicant is in compliance or has agreed to comply with
subsections (a)(1) through (aE 21 above. The special use permit shall be
denied, and if already issued, any transfer shall be denied or revoked, upon a
determination by the director under any of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or
misleading information on the application or omitted any pertinent
information;
(2) Any owner/operator or staff person has an employment history in
which he or she was terminated during the past two (2) years because of
physical assault, sexual harassment, embezzlement or theft; falsifying a
drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded
nolo contendere, within the last seven (7) to ten (10) years, to any of the
following offenses:
i. Any sex offense for which the person is required to register as a
sex offender under California Penal Code Section 290 (last ten (10)
years);
ii. Arson offenses—Violations of Penal Code Sections 451-455
(last seven (7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which
involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last
seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation
supervision on the date of the submittal of the application or at any time
thereafter.
(5) The owner/operator accepts residents, other than a house manager,
who are not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied, and
if already issued, any transfer shall be denied or revoked, upon a
determination by the director under any of the following additional
circumstances:
i. Any owner/operator or staff person of a sober living home is a
recovering drug or alcohol abuser and upon the date of application
or employment has had less than one (1) full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately
take measures to remove any resident who uses alcohol or illegally
uses prescription or non-prescription drugs, or who is not actively
participating in a legitimate recovery program from contact with all
other sober residents.
iii. The sober living home, as measured by the closest property lines,
is located within six hundred fifty (650) feet of any other sober living
home or state licensed alcoholism or drug abuse recovery or
treatment facility. If a state licensed alcoholism or drug abuse
recovery or treatment facility moves within six hundred fifty (650)
feet of an existing sober living home this shall not cause the
revocation of the sober living home's permit or be grounds for
denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section
and/or any other applicable laws and/or regulations, including but not
limited to failure to comply with the provisions of subsection (a)(10)
and/or (11).
(8) Revocation shall not apply to any group home, which otherwise would
cause it to be in violation of this Ordinance, that has obtained a
reasonable accommodation pursuant to section 13-200.62.
Section 3: Sections 13-322 and 13-323 of Chapter XVI (Group homes and
residential care facilities in the R21VID, R2HD, R3, PRDLD, PDRMD and PDRLD
Zones) of Title 13 (Planning, Zoning and Development) is hereby amended as
follows:
Sec. 13-322. - Group homes in the R2 -MD, R2 -HD and R3 residential zones
and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned
development zones) zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit
the operation of a group home including a sober living home with six or fewer
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -HD, PDR -NCM, PDG, and PDI (planned development zones)
zones subject to the following requirements:
(1) The application for and operation of the group home complies with
subsections (a)(1), (a)(2) and (a)(4) through (a)(12) and(a)(14) of
section 13-311.
(2) The application includes a live scan of the house manager and/or
operator of the group home.
(3) The group home or sober living home is at least 650 feet from any
other property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the director determines that
such location will not result in an over -concentration of similar uses.
(4) Upon eviction from or involuntary termination of residency in a group
home, the operator of the group home shall make available to the
occupant transportation to the address listed on the occupant's driver
license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home. The
group home operator may not satisfy this obligation by providing
remuneration to the occupant for the cost of transportation.
(5) At least 24 hours prior to eviction from or involuntary termination of
residency in a group home the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or
contact of record that the occupant is no longer a resident at the home,
ii. contact the Orange County Health Care Agency OC Links Referral
Line to determine the services available to the occupant, including but
not limited to alcohol and drug inpatient and outpatient treatment, and
provide this information to the occupant prior to his or her release;
iii. notify the city's Network for Homeless Solutions that an occupant is
no longer a resident at the home determine the services available
therefrom and provide this information to the occupant prior to his or her
release: and
iv maintain records for a period of one year following eviction from or
involuntary termination of residency that document compliance with i.,
ii and iii; provided, however, that nothing in this section shall require an
operator of a group home to violate any provision of state or federal law
regarding confidentiality of health care information.
(6) All drivers of vehicles picking up or dropping off persons at a group
home shall comply with all applicable provisions of this code and the
Vehicle Code including but not limited to those provisions regulating
licensure and parking_standing and stopping.
(b) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to
why accommodation over and above this section is necessary under state
and federal laws, pursuant to section 13-200.62.
(c) Notwithstanding any provision of subsection 13-3119(b) to the contrary,
the development services director may revoke or deny a special use permit
for a group home subject to this chapter following the director's determination
that any of the circumstances set forth in subsections 13-311(b)(1) through
(b)(5), (b)(6)(ii), (b)(6)(iii) and (b)(7) exist.
Sec. 13-323. — Minor conditional use permit required for group homes,
residential care facilities and drug and alcohol treatment facilities in the R2 -
MD, R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD,
PDR -NCM, PDG, and PDI (planned development zones) with seven or more
occupants.
A minor conditional use permit shall be required for and may be granted to
allow the operation of a group home, state licensed residential care facility or
state licensed drug and alcohol treatment facility with seven (7) or more
occupants in the R2 -MD, R2 -HD and R3 residential zones and the PDR -LD,
PDR -MD, PDR -ND, PDR -NCM, PDG, and PDI (planned development zones)
zones subject to the following conditions:
(a) The requirements of Chapter III Planning applications have been met.
(b) The group home, residential care facility or state licensed drug and
alcohol treatment facility is at least six -hundred fifty (650) feet from any
property, as defined in section 13-321, that contains a group home,
sober living home or state licensed drug and alcohol treatment facility, as
measured from the property line, unless the reviewing authority
determines that such location will not result in an over -concentration of
similar uses.
(c) The applicant obtains an operator's permit as required by Article 23,
Chapter 2 of Title 9 except that this requirement shall not apply to any
state licensed residential care facility or state licensed drug and alcohol
treatment facility.
(d) The findings for granting a minor conditional use permit in accordance
with subsection 13-29(g) are met.
Section 4: Lines 9, 8 and 10 of Table 13-30 of Section 13-30 of Chapter IV
(Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) are
hereby repealed and replaced with the following:
See Attachment A.
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Section 5: Retroactive effect. To to the fullest extent allowed by law, the
requirements of this Ordinance set forth in Section 2, section 13-311(a), and
Section 3, section 13-322(a), herein, are intended to apply to each and every group
home and/or sober living home located in the City, including those that have
applied for and/or received a special use permit prior to the effective date of this
Ordinance.
Section 6: 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.
-11-1 -
Section 7: 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 8: 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 12017
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
Katrina Foley, Mayor