HomeMy WebLinkAbout89-05 Amending Title 13 to Clarify List of Accessory Uses in R1 Zone Regarding Residential FacilitiesORDINANCE NO. 89 - S
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA AMENDING
TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO
CLARIFY THE LIST OF ACCESSORY USES IN THE R1
(SINGLE-FAMILY RESIDENTIAL) ZONE REGARDING
"RESIDENTIAL FACILITIES".
SECTION 1.
WHEREAS, Section 1566.3 of the California Health and Safety
Code declares "residential facilities" for six or fewer persons to
be residential uses and, therefore, permitted in single-family
residential zones; and
WHEREAS, Section 13-126.B, "Accessory uses permitted" in the
R1 zone lists, 114. "Residential facilities", pursuant to the
California Health and Safety Code"; and
WHEREAS, there is a need to modify the wording of Section 13-
126.B.4.to clarify the fact that residential facilities are limited
to six -or fewer persons, as provided in State law; and
WHEREAS, the City Council finds and determines that adoption
of this Ordinance on an urgency,basis is necessary to protect the
public safety, health and welfare in that, unless this Ordinance
is -adopted on an urgency basis there is a likelihood that
residential facilities serving more than six persons will be
established without proper review by the City, contrary to the
intent of the Municipal Code and the Health and Safety Code, and
that establishment of such facilities will unfairly and
detrimentally impact neighborhoods due to increased and
unanticipated traffic, parking, utility demands, and noise;
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the .-Costa Mesa Municipal Code to clarify the
existing wording of Section 13-126.B.4 as set forth below:
SECTION 2.
Section 13-126.B.4. A community care facility possessing a
valid- current State license, serving six (6) or fewer persons
pursuant to State law which provides that such facility shall be
considered a residential use of property.
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SECTION 3.
This Ordinance shall take effect and be- in full force
immediately from and after the passage thereof, and prior to the
expiration of' fifteen (15) days from its passage, shall be
published once _in.the ORANGE COAST DAILY PILOT, a newspaper, of
general circulation, printed and published in the City of Costa
Mesa, together with the names of the members of the City Council,
voting for and against the same.
PASSED AND ADOPTED this 6 day of , 19
ATTEST:
ity Clerk of the City of
Costa Mesa
APPROVED AS TO FORM:
City A torney
E
Mayor of the City osta Mesa
.'STATE OF CALIFORNIA )
COUNTY OF ORANGE- ) ss.
CITY OF .COSTA MESA ).
I, EILEEN.P. PHINNEY, City.Clerk and ex -officio Clerk of the
City Council .of the City- of Costa Mesa hereby certify' that the
`above and .foregoing Ordinance No. $ S was introduced and
considered section by ZRion at areg ar meeting of said City
Council held on, the day of , 19�, and
thereafter passed and adopted as a whole at, a rei lar meeting' of
said Council held on the (&t6 day of- 19 by
the.following roll call vote:-
. ,
AYES : COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS. ,WHEREOF_, I have hereby et my hand nd affixed -the
Seal of the City of `Costa._Mesa this day of
City Clerk and ex -officio ov&rk
of the City Council of the ity
of Costa Mesa
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