HomeMy WebLinkAbout2020-19 - Extending 2020-16URGENCY ORDINANCE NO. 2020-19
AN URGENCY ORDINANCE OF THE CITY OF COSTA MESA
TO EXTEND AND AMEND ORDINANCE NO.2020-16 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. 2020-9 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
Urgency Ordinance No. 2020-19 Page 1 of 5
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
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, on July 21, 2020 the City Council of the City of Costa Mesa did adopt
Urgency Ordinance 2020-16 based on the forgoing facts, findings and circumstances, to
remain in effect for 180 days unless extended; and
WHEREAS, the forgoing facts, findings and circumstances, and the findings
remain un-abated such that the City Council desires to extend and amend Urgency
Ordinance 2020-16 as set forth herein, for an additional period of time; 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), 1353
(Industrial Development Standards) and 13-58 (Planned Development
Standards), CMMC 13-89 — non-residential parking requirements and
associated Tables 1313-58 and 13-89.-44, 13-53, .
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
Urgency Ordinance No. 2020-19 Page 2 of 5
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 continue to have the discretion
to temporarily suspend any other provisions of the Zoning Code relating to businesses
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 are as 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 until December 31, 2021 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.
Urgency Ordinance No. 2020-19 Page 3 of 5
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
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.
Urgency Ordinance No. 2020-19 Page 4 of 5
PASSED, APPROVED AND ADOPTED this 17th dqy of November, 2020.
ATTEST:
'Z' r v, j&A&-
Brenda Gree , City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF COSTA MESA)
Kat ina lei, Mayor
r
APPROVED AS TO FORM:
-�Lv 4'�'3
Kimberly kill Barlow, City Attorney
ss
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Urgency Ordinance No. 2020-19 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 171h day of November,
2020, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENTS, MARR, REYNOLDS,
STEPHENS, AND FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MANSOOR
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 18th day of November, 2020.
�3("Sa_
Brenda Green, ity Clerk
Urgency Ordinance No. 2020-19 Page 5 of 5