HomeMy WebLinkAbout2020-13 - Temporarily Suspending requirements and development standards for parking regarding food distributionURGENCY ORDINANCE NO. 2020-13
AN URGENCY ORDINANCE OF THE CITY OF COSTA MESA
TEMPORARILY SUSPENDING THE PERMIT
REQUIREMENTS AND DEVELOPMENT STANDARDS FOR
PARKING OF THE ZONING CODE APPLICABLE TO
SPECIFIED FOOD DISTRIBUTION ACTIVITIES 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.
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 may continue. 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. Parents have had to miss work to care for
home -bound school -age children. As the virus spreads, workers may have to stay home
for extended periods.
WHEREAS, With up to one in 7 Californians out of work due to the coronavirus
crisis, food security is an increasing concern regionally and locally. The City has seen
strong demand from seniors for food donations during the food distribution held at the
Senior Center.
WHEREAS, On March 21, 2020 Second Harvest Food Bank launched a drive -
through food bank in the parking lot of the Honda Center with the goal of feeding 4,000
families and was quickly overwhelmed by the need. They have since increased their
capacity to serve 8,000 families weekly, demonstrating that there is significant demand
for food assistance in Orange County.
Urgency Ordinance No. 2020-13 Page 1 of 5
WHEREAS, all restaurants within the City have been reduced to take out and
delivery options in compliance with the Governor's Executive Orders. The economic
impacts of this public health crisis could irreparably harm many of the City's restaurants.
WHEREAS, the parking spaces required by the Zoning Code for sit-down dining,
and many other surrounding commercial uses, are no longer being utilized during the
state of emergency, such that suspending the use permit requirements for deviation from
the applicable parking standards will not cause an impact to the surrounding areas within
the City.
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 Art
XI, section 7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Temporary Suspension of Conditional Use Permit and Minor Conditional
Use Permit Requirements and Development Standards Related to Parking
for Drive Through Operations Applicable to Food Banks, Farmers Markets,
Restaurants and Similar Uses Involving Food Distribution.
A. Scope. This Ordinance applies to all conditional use permit and minor
conditional use permit requirements and development standards applicable
to parking of the following sections of the Costa Mesa Municipal Code to
the extent that they apply or are interpreted to apply to a food bank, farmers
market, restaurant or a similar use involving food distribution: Section 13-
30, subsection (d), 13-44, 13-47, 13-50 and 13-89, and Table 13-44
(Commercial Development Standards): uses underroof; Table 13-47
(Permitted and Conditionally Permitted Uses): location and operational
characteristics; and Table 13-89 (Non -Residential Parking Standards).
B. Applicability. The temporary suspension of the requirements set forth
herein shall apply to those uses that operate in full compliance with all
otherwise applicable state and local laws and regulations, and all health,
Urgency Ordinance No. 2020-13 Page 2 of 5
safety, welfare, operational and traffic control standards established by the
Health Officer and/or the Zoning Administrator for each such use.
C. Definitions. The words and phrases used in the Ordinance not defined
herein shall have the same meaning ascribed to them in the Zoning Code.
Food Bank. A place where stocks of food, typically basic provisions and
nonperishable items, are supplied free of charge to people in need by a not -
for -profit agency.
Farmers Market. A food market at which local farmers sell fruit and
vegetables and often meat, cheese, and bakery products directly to
consumers.
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 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. Many members of the Costa Mesa
community, and Orange County in general, are in danger of food shortages due to lost
wages, lack of income and illness. Accordingly, food security is an increasing concern
both regionally and locally. Furthermore, Costa Mesa's restaurants, one of the hallmarks
of the community, have been reduced to take out and delivery options in compliance with
the Governor's Executive Orders, while many restaurants without traditional drive -through
options now have large unused parking lots offering a temporary alternative to traditional
drive -through services. 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 non-traditional
food distribution uses 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 3. Term. This Ordinance shall remain in effect until the expiration of the local
emergency set forth in Proclamation of Local Emergency 2020-01, unless otherwise
repealed, amended or extended.
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.
Urgency Ordinance No. 2020-13 Page 3 of 5
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.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance as required by law.
Urgency Ordinance No. 2020-13 Page 4 of 5
PASSED, APPROVED AND ADOPTED this g1st day of April, 2020.
ATTEST:
Brenda GreenQ City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
RM
na F*y, Mayor
PIED AS TO FORM
berly Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Urgency Ordinance No. 2020-13 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 21 st day of April, 2020,
by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENIS, MANSOOR, MARR, 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 April, 2020.
Brenda Green ity Clerk
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