HomeMy WebLinkAbout15-06 Amending Title 13, to Reflect Changes Previously Adopted by ORD 14-13 (Group Homes)ORDINANCE NO. 15-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING TABLE 13-30 (LAND USE MATRIX) OF CHAPTER IV. (CITYWIDE LAND
USE MATRIX) TITLE 13 (ZONING CODE OF THE COSTA MESA MUNICIPAL CODE
TO REFLECT CHANGES MADE BY CODE AMENDMENT CO -14-03, AS
PREVIOUSLY ADOPTED BY ORDINANCE NO. 14-13 (GROUP HOMES) ON
OCTOBER 21, 2014
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING
FINDINGS WITH RESPECT TO THE ADOPTION OF THE FOLLOWING ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the City has
been granted broad police powers to preserve the single-family characteristics of its
single-family neighborhoods, which powers have been recognized by both the California
Supreme Court and United States Supreme Court, the latter of which has stated that, "It
is within the power of the legislature to determine that the community should be beautiful
as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled";
and
WHEREAS, on October 21, 2014, the City Council of the City of Costa Mesa
adopted Ordinance No. 14-13, titled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA AMENDING SECTION 13-6 (DEFINITIONS) OF ARTICLE 2
(DEFINITIONS) OF CHAPTER I (GENERAL), ADDING CHAPTER XV (GROUP
HOMES), AND REPEALING AND REPLACING ARTICLE 15 (REASONABLE
ACCOMMODATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS), OF
TITLE 13 (ZONING CODE) AND AMENDING THE CITY OF COSTA MESA LAND USE
MATRIX - TABLE NO. 13-30 OF CHAPTER IV. (CITYWIDE LAND USE MATRIX) OF
THE COSTA MESA MUNICIPAL CODE RELATING TO GROUP HOMES"; and
WHEREAS, the updated portions of the Land Use Matrix, reflecting the changes
made by Ordinance No. 14-13, were attached to the staff report but were inadvertently
omitted from the Ordinance itself; and
WHEREAS, it was the intent of the City Council to adopt the updated Land Use
Matrix as part of Ordinance No. 14-13; and
Ordinance No. 15-06 Page 1 of 6
WHEREAS, City staff has enforced Ordinance No. 14-13 and the updated Land
Use Matrix as the current law in the City of Costa Mesa since the adoption of Ordinance
No. 14-13; and
WHEREAS, out of an abundance of caution the City Council wishes to correct any
possible procedural deficiencies in the adoption of the updated Land Use Matrix and to
ensure that the Land Use Matrix accurately reflects the City's Zoning Code; and
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General
Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen
with certainty that there is no possibility that the passage of this Ordinance will have a
significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
Section 1: Sections (4) through (9) of Table 13-30 (Land Use Matrix) of Section 13-30
(Purpose) of Chapter IV (Citywide Land Use Matrix) of Title 13 (Planning, Zoning and
Development) are hereby repealed and replaced with the following:
See Exhibit A.
Section 2. Footnote 4 to Table 13-30 (Land Use Matrix) of Section 13-30 (Purpose) of
Chapter IV (Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) is
hereby repealed and replaced with the following
4 For the purposes of this table, the symbols shall have the following meaning:
C - Conditional Use Permit; MC - Minor Conditional Use Permit; P - Permitted;
• - Prohibited; and S - Special Use Permit.
Section 3. Footnote 5 to Table 13-30 (Land Use Matrix) of Section 13-30 (Purpose) of Chapter
IV (Citywide Land Use Matrix) of Title 13 (Planning, Zoning and Development) is hereby added
as follows:
5 650 foot separation required between sober living homes, or from state licensed
alcohol or drug abuse recovery or treatment facilities in the R1 zone. CMMC 13-
311(a)(10)(i).
Ordinance No. 15-06 Page 2 of 4
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 5. 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 6. This Ordinance shall take effect and be in full force thirty (30) days 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 or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to
the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with the names and member
of the City Council voting for and against the same.
PASSED AND ADOPTED this 7t" day of July, 2015
Azuz
StephenNaA4THinger, Mayor
Ordinance No. 15-06 Page 3 of 4
APPROVED AS TO FORM:
—Z"
Thomas Duarte, dity Attorney
ATTEST:
Brenda Green, Cit Jerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, California, do hereby
certify that the above and foregoing Ordinance No. 15-06 was introduced at the regular
meeting of the City Council held on the 16th day of June, 2015, and thereafter at the
regular meeting of said City Council duly held on the 7th day of July, 2015, was duly
passed and adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS: FOLEY, GENIS MONAHAN, RIGHEIMER,
MENSINGER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 8th day of July, 2015.
Brenda Green, Cit Clerk
Ordinance No. 15-06 Page 4 of 4
Exhibit A
Table 13-30 City of Costa
Mesa Land Use Matrix
ZONES
LAND USES
R
R
R
R
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
P
L
1
2
1
C1
G
P
D
D
D
D
D
D
&
&
M
H
S1
R
R
R
R
C1
11
R1
R
D
D
L
M
H
N
S1
D1
D1
D1
C
M1
4. Boardinghouse,
P
P
P
P
P
P
P
P
P
small
5. Boardinghouse,
C
C
C
C
C
C
C
C
large
6. Residential care
P
P
P
P
P
P
P
P
P
P
P
facility, 6 or fewer
persons (State
licensed
7. Group homes,
S
P
P
P
P
P
P
P
P
P
P
6 or fewer
7.1. Sober living
S5
P
P
P
P
P
P
P
P
P
P
homes, 6 or fewer
8. Residential care
C
C
C
C
C
C
C
C
P
facility, 7 or more
9. Group homes,
0
C
C
C
C
C
C
C
C
P
7 or more
9.1. Sober living
0
C
C
C
C
C
C
C
C
P
homes, 7 or more