HomeMy WebLinkAbout2020-16 - Temporarily suspending the permit requirements for outdoor activities and parking.URGENCY ORDINANCE NO. 2020-16
AN URGENCY ORDINANCE OF THE CITY OF COSTA MESA
TEMPORARILY SUSPENDING THE PERMIT
REQUIREMENTS AND DEVELOPMENT STANDARDS FOR
OUTDOOR ACTIVITIES AND PARKING CONTAINED IN THE
ZONING CODE APPLICABLE TO RETAIL SALES AND
SERVICE BUSINESSES AND DECLARING THE ORDINANCE
TO BE AN EMERGENCY MEASURE TO TAKE EFFECT
IMMEDIATELY UPON ADOPTION
WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact
regulations for the public peace, morals, and welfare of the City; and
WHEREAS, on March 4, 2020, the Governor declared a State of Emergency in
California due to the threat of Coronavirus Disease 2019 ("COVID-19"). On February 26,
2020, the Orange County Board of Supervisors and Department of Public Health declared
a public health emergency in Orange County due to COVID-19. On March 12, 2020,
pursuant to Proclamation No. 2020-01, the City Manager did proclaim the existence of a
local emergency pursuant to Title 6 of the Costa Mesa Municipal Code, and on March 13,
2020 the City Council pursuant to Resolution No. 2020-09 did ratify Emergency
Proclamation No. 2020-01. Due to directives from federal, state, and local health officials,
residents have been ordered to avoid public gatherings and stay at home to prevent the
spread of this disease; and
WHEREAS, the City has been impacted by the health crisis of this global
pandemic. Sporting events, concerts, plays, and conferences have been canceled.
School closures have occurred and are continuing. Employees have been advised to
work at home. As a result, restaurant and retail business has significantly declined and
workers have been impacted by lost wages and layoffs; and
WHEREAS, on May 23, 2020, the State of California approved the County of
Orange's request to allow in -person dining with the proviso that social distancing and
other health protocols continue to be practiced; and
WHEREAS, due to an increase in the number of COVID-19 cases, hospitalizations
and deaths, on July 13, 2020, new closures were ordered relating to indoor dining, indoor
malls, personal services and other indoor businesses and gatherings; and
WHEREAS, businesses are proposing various outdoor activities to encourage the
return of customers to retail and personal services uses in a way that will provide for
public health and safety while allowing business operations to continue; and
Urgency Ordinance No. 2020-16 Page 1 of 5
WHEREAS, the need for parking spaces required by the Zoning Code for most
commercial and retail uses has been reduced during the state of emergency, such that
temporarily modifying the requirements for sidewalk/parking lot sale permits will not cause
an impact to the surrounding areas within the City; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code
of Regulations) has determined that the Ordinance is exempt from the provisions of
CEQA pursuant to the following sections of the CEQA Guidelines: Section 15269(c)
(specific actions necessary to prevent or mitigate an emergency); and Section
15061(b)(3) because it can be seen with certainty that the adoption of this Ordinance will
not have an effect on the environment; and
WHEREAS, the City Council has the authority to adopt this Ordinance under
Government Code Section 8630, and also its authority under California Constitution Art
XI, section 7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Temporary Modification of Sidewalk/Parking Lot Sales
A. Scope. This ordinance applies to all uses under roof/sidewalk sale and
parking lot sale standards of the following sections of the Costa Mesa
Municipal Code Sections 13-44 (Commercial Development Standards), 13-
53 (Industrial Development Standards), 13-58 (Planned Development
Standards), CMMC 13-89 — non-residential parking requirements and
associated Tables 13-44, 13-53, 13-58 and 13-89.
B. Applicability. The temporary suspension of the requirements set forth
herein shall apply only to those uses which operate in full compliance with
all otherwise applicable state and local laws and regulations, and all health,
safety, welfare, operational and traffic control standards established by the
Health Officer and/or the Zoning Administrator for each such use.
Temporary outdoor uses which will only affect private areas around a
business shall require submittal of a sidewalk/parking lot sale permit
application. Temporary outdoor uses which affect or are located in the
public right-of-way, parking lots, drive aisles, and similar areas shall require
submittal of a Temporary Use Permit (TUP) application. The Zoning
Administrator may, in his or her reasonable discretion, determine that a TUP
application is required when a sidewalk/parking lot sale permit application
has been submitted.
SECTION 2. The Director of Development Services shall have the discretion to
temporarily suspend any other provisions of the Zoning Code relating to businesses
Urgency Ordinance No. 2020-16 Page 2 of 5
located in the City during the course of the declared emergency to allow for adaptation to
changing state or local health orders and the maximum flexibility to allow business
operations to continue, provided that each affected business complies with all health,
safety, welfare, operational and traffic control standards established by the Health Officer
and/or the Zoning Administrator for each such use.
SECTION 3. Emergency Declaration/Effective Date. The City Council declares this
Ordinance to be an emergency measure, to take effect immediately upon adoption
pursuant to California Government Code section 36934. The facts constituting the
emergency areas follows: Due to the directives from health officials to contain the spread
of COVID-19, a significant loss of business, work furloughs, loss of wages, and lack of
work for employees has occurred in many sectors. Furthermore, Costa Mesa's indoor
retail and service businesses have been reduced to pick up only or closed entirely in
compliance with the Governor's prior Executive Orders, while many malls, retailers and
service businesses now have large unused parking lots offering a temporary alternative
to traditional indoor services. As businesses are permitted to gradually reopen, while
maintaining social distancing and similar safety protocols, reduced capacity should result
in additional outdoor space which can be utilized for sales and services in conformity with
health regulations. The economic impacts of this public health crisis is resulting in
irreparable harm to the residents and businesses within the City. A temporary emergency
measure is necessary to protect the public by enabling and encouraging temporary
solutions to allow retail and services suited to the emergency restrictions imposed on
residents and business that would otherwise be prohibited, hindered or delayed by the
provisions of the Zoning Code.
SECTION 4. Term. This Ordinance shall remain in effect for 180 days with the potential
for City Council to extend as needed. Nothing herein shall be deemed to create any
permanent or vested right to any business to continue using private exterior space, private
parking lot space, or public rights of way beyond the term of this ordinance or without an
appropriate permit.
SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Costa
Mesa Municipal Code.
Section 6. Inconsistences. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are suspended or modified to that extent necessary to
affect the provisions of this Ordinance, but only during the term 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
Urgency Ordinance No. 2020-16 Page 3 of 5
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. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance as required by law.
PASSED, APPROVED AND ADOPTED this 2181day of July, 2020.
ATTEST:
tll" lwk
Brenda Green, ity Clerk
Katrinal Fkley,
APPROVED AS TO FORM
Kimberly all Barlow, City Attorney
Urgency Ordinance No. 2020-16 Page 4 of 5
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 Urgency Ordinance No. 2020-16 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 21 st day of July, 2020,
by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS,
STEPHENS, AND FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 22"d day of July, 2020.
Brenda Gree ity Clerk
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