HomeMy WebLinkAbout19-15 - CO-19-01, Emergency ShelterORDINANCE NO. 19-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING TABLE 13-30 OF CHAPTER IV (CITYWIDE LAND USE MATRIX) AND
ARTICLE 18 (EMERGENCY SHELTERS) OF CHAPTER IX (SPECIAL LAND USE
REGULATIONS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE
COSTA MESA MUNICIPAL CODE RELATED TO THE LOCATION AND OPERATION
OF EMERGENCY SHELTERS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS
ORDINANCE:
WHEREAS, the City desires to provide fifty (50) beds at an emergency bridge
shelter located on a parcel located at 3175 Airway Avenue in the Industrial Park (MP)
zone; and
WHEREAS, the Municipal Code currently allows the location of emergency
shelters only in the Planned Development Industrial (PDI) zone; and
WHEREAS, the proposed emergency shelter site has an Industrial Park (MP)
zoning designation and has a General Plan Land Use designation of Industrial Park;
and
WHEREAS, the General Plan Land Use Element (Page LU-49) states with
respect to the Industrial Park General Plan land use designation, "Institutional uses
may also be appropriate, provided that land use compatibility and traffic issues have
been addressed. Institutional uses will require discretionary approval." Therefore, the
General Plan anticipates that institutional uses may be located in this zone subject to
discretionary approval; and
WHEREAS, allowing emergency shelters to locate in the MP zone would support
several General Plan goals and policies including, but not limited to, Land Use Element
Objective LU-5A and Housing Element Policy HOU-1.8; and
WHEREAS, allowing emergency shelters to locate in the MP zone would further
support appropriate and compatible land use within the City as well as Safety Element
goals by allowing the City to once again enforce the provisions of the Municipal Code
that regulate camping on public property; and
Ordinance No. 19-15 Page 1 of 7
WHEREAS, the Municipal Code includes Development Standards for
Emergency Shelters in Section 13-200.79, Special Land Use Regulations, of Title 13,
Planning, Zoning and Development; and
WHEREAS, the Emergency Shelter Development Standards in the Municipal
Code warrant revisions to clarify the intent of the standards and to add a new standard
addressing exterior and adjacent area security; and
WHEREAS, the proposed revisions to the Municipal Code are consistent with
the City's General Plan; and
WHEREAS, a duly -noticed public hearing was held by the Planning Commission
on August 12, 2019 with all persons provided an opportunity to speak for and against
the proposed Code Amendment; and
WHEREAS, at the August 12, 2019 meeting, the Planning Commission
recommended that the City Council take the following actions by Planning Commission
Resolution:
1) ADOPT the Initial Study/Mitigated Negative Declaration including the
Mitigation Monitoring and Reporting Program;
2) GIVE FIRST READING to Ordinance 19-15 approving Code Amendment
CO-19-01.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an
Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring
and Reporting Program was prepared in compliance with CEQA and the local
environmental review guidelines; and
WHEREAS, the IS/MND was circulated for the required 30-day public review
period from July 12, 2019 to August 11, 2019; and
WHEREAS, the final adoption of the IS/MND shall be considered by the City
Council as the final approval authority, after evaluation of the environmental document
and all comments on the IS/MND received during the public review period; and
WHEREAS, written comments received from the general public, government
entities, and other interested parties were responded to, where appropriate, in the
manner prescribed in California Code of Regulations Section 15073; and
Ordinance No. 19-15 Page 2 of 7
WHEREAS, no significant new information has been added to the IS/MND since
its circulation for public comment and no changes to the proposed project have
occurred which would require recirculation of the IS/MND under CEQA Guidelines
Section 15073.5; and
WHEREAS, the City Council has reviewed and considered the IS/MND and has
found that the IS/MND adequately evaluates the environmental impacts of the proposed
project, and the IS/MND is complete, adequate, and fully complies with all requirements
of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines;
and
WHEREAS, the IS/MND reflects the independent judgment and analysis of the City
of Costa Mesa; and
WHEREAS, the City desires to require that the procedures set forth in Public
Utilities Code section 21676(b) or any successor section thereto calling for compatibility
with the John Wayne Airport Environs Land Use Plan apply to all emergency shelters
located in the MP Industrial Park Zone that are also located in an area that is subject to
the jurisdiction of the Orange County Airport Land Use Commission, excepting only
those owned and/or operated by the City of Costa Mesa.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
Section 1. Row 39a (Emergency Shelters) of Table 13-30 of Chapter IV (Citywide Land
Use Matrix) of Title 13 (Planning, Zoning and Development) is hereby amended to read
as follows:
Section 13-30. Table 13-30. Row. 39a.
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9a. Emergency Shelters
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10. Emergency shelters located on sites owned, controlled, and/or operated by the City in the MP and/or
the PDI zone are a permitted use and the standards in subsection 13-200.79 (1), (2), (4), (8), (10) & (13)
do not apply to such uses.
Ordinance No. 19-15 Page 3 of 7
Section 2. Article 18 (Emergency Shelters) of Chapter IX (Special Land Use
Regulations) of Title 13 (Planning, Zoning and Development) is hereby amended to
read as follows:
ARTICLE 18. EMERGENCY SHELTERS
13-200.79. Purpose and intent.
The purpose of this article is to establish operational and development standards for
emergency shelters to ensure that these uses are operated to address the homeless
needs and consistent with the requirements of Sections 65582, 65583, and 65589.5 of
the Government Code relating to local planning.
Development standards: The following development and operational standards shall
apply to establishment of emergency shelters as defined by the Zoning Code; provided,
however, that operational standards (1), (2), (4), (8), (10) and (13) shall not apply to
emergency shelters owned, controlled and/or operated by the City of Costa Mesa.
(1) The maximum length of stay shall not exceed one hundred twenty (120)
days in a three hundred sixty -five-day period.
(2) Each emergency shelter may have a maximum of thirty (30) beds.
(3) Off -site parking shall be provided at a parking rate of one parking space
per four beds or one space per employee, whichever is higher.
(4) Stays at an emergency shelter facility shall be limited to the hours of 5
PM and 8 AM the following day.
(5) Nonoperational and unregistered vehicles shall not be kept on site.
Towing shall be the responsibility of the shelter operator.
(6) Each emergency shelter shall provide an interior and exterior waiting
area adequate to accommodate waiting clients and to prevent queuing
into the public right-of-way. An exterior waiting area shall be physically
separated and visually screened from the public right-of-way.
(7) The emergency shelter facility shall provide an on -site resident manager
on -site at all times.
(8) A minimum distance of three hundred (300) feet shall be maintained from
another emergency shelter. The distance of separation shall be
Ordinance No. 19-15 Page 4 of 7
measured in a straight line between the property lines of each use
without regard to intervening structures or objects.
(9) The shelter operator shall provide minimum exterior lighting in
compliance with city's security requirements.
(10) The shelter operator shall patrol a half -mile radius surrounding the shelter
site during hours that the shelter is in operation to ensure that shelter
clients and homeless individuals who have been denied access are not
congregating in the neighborhood._
(11) Alcohol and narcotics use and consumption are prohibited within the
facility and on the property.
(12) An operations plan shall be submitted for review and approval by the
development services director and police chief prior to operation of the
emergency shelter. The plan shall include minimum provisions related to
on -site security and safety, staff training, loitering control, client
eligibility, counseling services, and indoor and outdoor management of
the facility.
(13) No emergency shelter in the MP Industrial Park zone that is also located
in an area subject to the jurisdiction of the Airport Land Use Commission
shall commence operation until the Commission either approves the
action or permit pursuant to the procedures set forth in Public Utilities
Code section 21676(b) or, if denied, the City overrules the Commission's
decision.
Section 3. 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 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, 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
Ordinance No. 19-15 Page 5 of 7
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 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
final passage.
Section 6. Certification. The City Clerk shall certify the passage and adoption of this
Ordinance and shall cause the same to be posted or published in the manner as
required by law.
PASSED AND ADOPTED on this 17th day of September, 2019.
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Brenda Gree City Clerk
APPR VED AS TO FORM:
Kimberly H" II Barlow, City Attorney
Ordinance No. 19-15 Page 6 of 7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Ordinance No. 19-15 was duly introduced for first reading at a
regular meeting of the City Council held on the 3rd day of September, 2019, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 17th day of September, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARK, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 18th day of September, 2019.
BRENDA GR N, CITY CLERK
Ordinance No. 19-15 Page 7 of 7