HomeMy WebLinkAbout2021-04 - Extending Ordinance No. 2020-14URGENCY ORDINANCE NO.2021-04
AN URGENCY ZONING ORDINANCE OF THE CITY OF
COSTA MESA TO EXTEND AND AMEND ORDINANCE NO.
2020-14 PROVIDING FOR AN ADDITIONAL 12-MONTH
EXTENSION OF THE TIME LIMITS SET FORTH IN ZONING
CODE SECTION 13-29(k) (TIME LIMITS AND EXTENSIONS)
FOR ALL APPROVED DISCRETIONARY PLANNING
APPLICATIONS; 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.
WHEREAS, the declared State of Emergency and the Governor Newsom's
subsequent Executive Order N-33-20 ("Stay at Home Order") have resulted in substantial
disruptions in people's day-to-day lives and the activities of many businesses within the
Costa Mesa community, to the point that many local businesses are either closed due to
the executive order or as a result of illness or the prevention of the spread of illness.
WHEREAS, closures in many industries as a result of the executive order and
other supply chain shortages have resulted in a delays in many sectors of the architecture
and construction industry.
WHEREAS, closure -related delays and fiscal impacts related to the recent COVID-
19 related economic downturn and business closures are anticipated to affect many
project proponents, thereby delaying project implementation in many cases.
WHEREAS, the City of Costa Mesa recognizes these short-term, but substantial,
impacts to project schedules and desires to provide relief to project applicants through
the extension of the time limits of project approvals in the City.
WHEREAS, on May 5, 2020 the City Council of the City of Costa Mesa did adopt
Urgency Ordinance 2020-14 based on the foregoing facts, findings and circumstances,
to remain in effect until March 12, 2021 unless extended; and
WHEREAS, the foregoing facts, findings and circumstances remain un-abated
such that the City Council desires to extend and amend Urgency Ordinance 2020-14 as
set forth herein for an additional one year, to expire March 12, 2022; 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.
WHEREAS, the City Council has the authority to adopt this Ordinance under
Government Code Section 8630, and also its authority under California Constitution
Article XI, Section 7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. 24-Month Extension of the Time Period for Exercising Planning Applications
Set Forth in Section 13-29(k) "Time Limits and Extensions" of the Zoning
Code.
A. Intent. The intent of this Ordinance is to automatically extend the 24-month
time period, or other time period specified in a condition of approval that is
subject to Section 13-29(k), by which any permit or approval must be
exercised, for a period of 24 additional months.
B. Scope. This Ordinance applies to all approved discretionary planning
applications subject to Section 13-29(k) of the Zoning Code for which
permits or approvals have not been exercised, and which have not already
exceeded the applicable time period, as of March 12, 2020, the date of
Emergency Proclamation No. 2020-01. This Ordinance does not apply to
planning permits or approvals that have expired prior to the date of
Emergency Proclamation No. 2020-01 or to non -discretionary planning
permits or approvals, including, but not limited to those issued under
Chapter XV of the Zoning Code, or any permit or approval issued under any
other provision of the Costa Mesa Municipal Code, including but not limited
to, those issued pursuant to Title 5, Title 7, Article 23 of Chapter II of Title 9
and/or Chapter III of Title 19.
Ordinance No. 2021-04 Page 2 of 4
C. Retroactive Effect. The 24-month extension shall be effective as of the date
of the City Manager's Emergency Proclamation No. 2020-01.
D. Definitions. The words and phrases used in this Ordinance shall have the
same meaning ascribed to them in the Zoning Code.
SECTION 2. 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 declared State of Emergency and the Governor
Newsom's subsequent Executive Order N-33-20 ("Stay at Home Order") substantial
disruptions have occurred in people's lives and the marketplace. Said disruptions have
resulted in many local businesses either closing due to the executive order or as a result
of illness or the prevention of the spread of illness. Such business closures and other
supply chain disruptions have resulted in a delays in many sectors of the architecture and
construction industry. Such closure -related delays and fiscal impacts related to the recent
COVID-19 related economic downturn and business closures are anticipated to affect
many project proponents, thereby delaying project implementation. A temporary
emergency measure is necessary to protect the public by extending the terms of land use
entitlements set to expire during or soon after the declared State of Emergency that would
otherwise be hindered or delayed by the provisions of the Zoning Code and/or project
approvals.
SECTION 3. Effective Date. This Ordinance shall be effective upon the date of adoption.
SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the Costa
Mesa Municipal Code.
SECTION 5. 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 repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 6. 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.
Ordinance No. 2021-04 Page 3 of 4
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance as required by law.
PASSED, APPROVED AND ADOPTED this 2"d day of March, 2021.
ATTEST:
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Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM
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Kimberly 14411fBarlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Urgency Ordinance No. 2021-04 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 2"d day of March, 2021,
by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARK, 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 2"d day of March, 2021.
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Brenda Green, ity Clerk
Ordinance No. 2021-04 Page 4 of 4