HomeMy WebLinkAbout2021-18 - Extending 2020-15 Temporarily Suspending Requirements for Outdoor ActivitiesORDINANCE NO. 2021-18
AN URGENCY ORDINANCE OF THE CITY OF COSTA MESA TO EXTEND AND
AMEND ORDINANCE NO. 2020-15 TEMPORARILY SUSPENDING THE PERMIT
REQUIREMENTS AND DEVELOPMENT STANDARDS FOR OUTDOOR ACTIVITIES
AND PARKING CONTAINED IN THE ZONING CODE APPLICABLE TO DINING
PATIOS, PLACES OF RELIGIOUS ASSEMBLY, AND WAIVER OF VALET PARKING
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; and
WHEREAS, the City has been impacted by the health crisis of this global
pandemic. Restaurant and retail business has significantly declined and workers have
been impacted by lost wages and layoffs; and
WHEREAS, on June 11, 2021, the State of California Public Health Officer issued
the Beyond the Blueprint order, which accounted for the State entering into a new phase
of the Covid-19 pandemic and confirmed that California must remain vigilant against
variants of the disease especially given high levels of transmission in other parts of the
world. For these reasons, COVID-19 remains a concern to public health and, in order to
prevent its spread, limited and temporary public health requirements remain necessary
at this time.
WHEREAS, businesses are proposing various outdoor activities to encourage the
return of customers to restaurants and other retail uses in a way that will provide for public
health and safety while allowing business operations to continue; and
WHEREAS, on June 2, 2020 the City Council of the City of Costa Mesa did adopt
Urgency Ordinance 2020-15 based on the forgoing facts, findings and circumstances, to
remain in effect for 180 days unless extended; and
WHEREAS, on November 4, 2020 the City Council of the City of Costa Mesa did
extend Urgency Ordinance 2020-15 based on the forgoing facts, findings and
circumstances, to remain in effect until December 31, 2021 unless extended; and
Ordinance No. 2021-18 Page 1 of 6
WHEREAS, the forgoing facts, findings and circumstances remain un-abated such
that the City Council desires to extend and amend Urgency Ordinance 2020-15 as set
forth herein for an additional one-year; 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 Suspension of Conditional Use Permit and Minor Conditional
Use Permit Requirements and Development Standards Related to Parking
for Outdoor Dining for Restaurants; and Places of Religious Assembly.
A. Scope. This Ordinance applies to all conditional use permit and minor
conditional use permit requirements and development standards applicable
to outdoor activities and parking of the following sections of the Costa Mesa
Municipal Code to the extent that they apply or are interpreted to apply to a
restaurant: Section 13-44, 13-47, 13-48, and 13-89, and Table 13-44
(Commercial Development Standards): uses underroof; Table 13-47
(Permitted and Conditionally Permitted Uses): location and operational
characteristics of restaurants; 13-51.52 (General Development Standards):
outdoor uses for places of religious assembly; and Table 13-89 (Non -
Residential Parking Standards).
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.
SECTION 2. Criteria to Allow Outdoor Activities.
A. Temporary Dining Opportunities on Private Property (excluding parking lots)
All dining areas shall observe State and local health guidelines for restaurants
Temporary outdoor seating is restricted to serving existing, on -site restaurants
Temporary outdoor seating is located within a reasonable proximity to the
restaurant
Ordinance No. 2021-18 Page 2 of 6
• A minimum 4-foot-wide pedestrian access is provided to accommodate
wheelchairs
• Pedestrian ingress/egress to the subject or other businesses may not be
obstructed
• Any service of alcoholic beverages in these temporary areas will be subject to
approval by the ABC
• Any canopies or tents will require Fire and Building Department approval prior
to installation
• Temporary outdoor dining on a property within 200 feet of a residential zone
will be required to be closed between 11 PM and 6 AM
• Patio will be posted with a contact phone number so any noise concerns can
be reported to the business owner or her/his representative
• Businesses which are permitted to have indoor entertainment shall maintain all
such entertainment inside the premises, with no amplification or speakers to
broadcast or pipe the entertainment to the outdoor areas
B. Temporary Outdoor Dining within Private Parking Lots
• All dining areas shall observe State and local health guidelines for restaurants
• Temporary outdoor seating be restricted to serving existing, on -site restaurants
• Parking areas and/or driveways abutting a restaurant or access to a restaurant
are encouraged to be the first choice to be converted to temporary outdoor
dining; staff will consider satellite patio spaces or crossing of active drive aisles
where it can be shown that adequate protection and safe access between the
restaurant and the dining area can be provided
• Temporary outdoor dining must allow for adequate vehicular circulation
• Clearly visible safety barriers (such as planters and other vertical barriers) will
be required so drive aisles/access for drivers is clearly visible — including in the
evening hours
• Any service of alcoholic beverages in these temporary areas would be subject
to approval by the ABC
• Any canopies or tents will require Fire and Building Department approval prior
to installation
• Temporary outdoor dining on a property within 200 feet of a residential zone to
be closed between 11 PM and 6 AM
• Use of shared parking lots for temporary outdoor seating should be closely
coordinated with landlords and/or other users
• Outdoor dining area will be posted with a contact phone number so any noise
concerns can be reported to the business owner or her/his representative
• Businesses which are permitted to have indoor entertainment shall maintain all
such entertainment inside the premises, with no amplification or speakers to
broadcast or pipe the entertainment to the outdoor areas
Ordinance No. 2021-18 Page 3 of 6
C. Outdoor Dining within Certain Public Rights -of -Way
• All dining areas shall observe State and local health guidelines for restaurants
• Temporary outdoor seating be restricted to serving existing, on -site restaurants
• Temporary outdoor dining opportunities shall be adjoining to the restaurant
• A minimum 4-foot-wide pedestrian access is required to accommodate
wheelchairs
• Pedestrian or vehicular ingress/egress to the subject and/or other businesses
may not be obstructed
• Any service of alcoholic beverages in these temporary areas will be subject to
approval by the ABC
• Temporary outdoor dining on a property within 200 feet of a residential zone to
be closed between 11 PM and 6 AM
• An encroachment permit shall be obtained before the establishment of
temporary outdoor dining spaces
• Umbrellas only will be permitted; no canopies will be allowed
• Outdoor dining area will be posted with a contact phone number so any noise
concerns can be reported to the business owner or her/his representative.
• Businesses which are permitted to have indoor entertainment shall maintain all
such entertainment inside the premises, with no amplification or speakers to
broadcast or pipe the entertainment to the outdoor areas
D. Religious Institutions
Temporary religious services within a parking lot are prohibited between 7 PM
and 9 AM if the religious institution is within 200 feet of a residential zone
With the exception of speech, amplification is prohibited; however, use of smart
phones or car radios (if possible) to transmit audio is recommended and
encouraged
Temporary outdoor religious services may be provided for 180 days unless the
temporary approvals are extended, subject to a similar reconsideration and
potential extension at that time
E. The Director of Economic and Development Services, in his or her discretion,
may revoke or modify an approval issued pursuant to this Ordinance for the
purposes of ensuring compatible conditions and avoiding substantial impacts to
nearby uses or properties.
SECTION 3. Emergency Declaration/Effective Date. The City Council declares this
Ordinance to be an emergency measure, to stay in effect for one-year from the previous
expiration of Ordinance 2020-15 (December 31, 2021) upon adoption pursuant to
California Government Code section 36934, unless extended. 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, the economic impacts
of this public health crisis is resulting in irreparable harm to the residents and businesses
Ordinance No. 2021-18 Page 4 of 6
within the City. A temporary emergency measure is necessary to protect the public by
enabling and encouraging temporary solutions to allow dining and religious 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 one-year 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 or place of religious assembly 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
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.
Ordinance No. 2021-18 Page 5 of 6
PASSED, APPROVED AND ADOPTED this 2"d day of November, 2021.
ATTEST:
11
"�O,JL /v v
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
�*l
J�Stephens, Mayor
APPROVED AS TO FORM:
Kimberly FAII 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. 2021-18 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 2"d day of November,
2021, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARR, AND STEPHENS
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 3rd day of November, 2021.
Brenda GreenUCity Clerk
Ordinance No. 2021-18 Page 6 of 6