HomeMy WebLinkAbout2021-19 - Extending 2020-16 Temporarily Suspending Permit Requirements for Retail Sales and ServicesORDINANCE NO.2021-19
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; and
WHEREAS, the City has been impacted by the health crisis of this global
pandemic. As a result, 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 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
Ordinance No. 2021-19 Page 1 of 4
WHEREAS, on November 4, 2020 the City Council of the City of Costa Mesa did
extend Urgency Ordinance 2020-16 based on the forgoing facts, findings and
circumstances, to remain in effect until December 31, 2021 unless extended; and
WHEREAS, the forgoing facts, findings and circumstances remain un-abated such
that the City Council desires to extend and amend Urgency Ordinance 2020-16 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 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) 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
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.
Ordinance No. 2021-19 Page 2 of 4
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.
In addition, 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 expiration
of Ordinance 2020-16 (December 31, 2021) upon adoption pursuant to California
Government Code section 36934, unless extended. 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, 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 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 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.
Ordinance No. 2021-19 Page 3 of 4
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 2"d day of November, 2021.
ATTEST:
Brenda Gre6h, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
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o p ens, Mayor
APPROVED AS TO FORM:
imberly all 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. 2021-19 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 2nd 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.
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Brenda Gre4h, City Clerk
Ordinance No. 2021-19 Page 4 of 4