HomeMy WebLinkAbout96-03 State Regulated Care Facilities and Work Furlough FacilitiesORDINANCE NO. 96-3
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA
REPEALING SECTION 13-126, ADDING
SECTIONS 13-111 AND 13-133, AND
AMENDING SECTIONS 13-40, 13-136, AND
13-148 OF THE COSTA MESA MUNICIPAL
CODE REGARDING STATE REGULATED CARE
FACILITIES AND WORK FURLOUGH
FACILITIES IN RESIDENTIAL ZONING
DISTRICTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa finds
and declares as follows:
(1) The State of California has established regulations
exempting certain types of care facilities in residential
zoning districts from discretionary review by any local
agency in respect to the use, if the facility serves six
or fewer persons. The State has not exempted these
facilities from development and building standards
applicable to other family dwellings of the same type in
the same zone, nor has the State preempted local
discretionary review of care facilities which serve 7 or
more persons.
(2) The City of Costa Mesa desires to regulate these types of
care facilities in conformance with State law, to provide
a process to make reasonable accommodations in
regulations for disabled persons who reside in the care
facilities, and to ensure that the care facilities do not
create negative land use impacts on neighboring
properties.
(3) The City of Costa Mesa desires to regulate work furlough
facilities .by providing a process to .make reasonable
accommodations for these facilities and to ensure that
the facilities do not create negative impacts on
neighboring properties.
(4) The regulations have been reviewed according to CEQA and
have been found to be exempt under Section 15061 (b)(3)
of the CEQA Guidelines. '
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends the Costa Mesa Municipal Code as follows:
Section 2. Section 13-40 of the Costa Mesa Municipal Code is
hereby amended to add or amend the following definitions:
Alcoholism recovery facility. A type of state regulated care
facility which provides 24-hour residential nonmedical services to
adults as defined in Section 11834.02 of the California Health and
Safety Code.
Congregate living health facility. A type of state regulated
care facility which provides intermediate health .care services with
a typical capacity of no more than 6 beds as defined in Section
1250 of the California Health and Safety Code.
Facility for mentally disordered, handicapped persons, or
dependent and neglected children. A type of state regulated care
facility which provides care on a 24-hour basis as described in
Section 5116 of the California Welfare and Institutions Code.
Family. One or more persons occupying one dwelling unit and
living together as a single housekeeping unit. Family also
includes State regulated care facilities which serve 6 or fewer
persons per one dwelling unit and qualify as a family pursuant to
Sections 1566.3 and 1569.85 of the Health and Safety Code. Family
does not include fraternity, sorority, boardinghouse, lodging
house, club, hotel or other nonresidential uses.
Family day care home - large. A home which provides family
day care to 7 to 12 children as defined in Section 1596.78 of the
California Health and Safety Code.
Family day care home - small. A home which provides family
day care to 6 or fewer children as defined in Section 1596.78 of
the California Health and Safety Code.
Intermediate care facility/developmentally disabled
habilitative. A type of state regulated care facility which
provides intermediate health care services as defined in Section
1250 of the California Health and Safety Code.
Intermediate care facility/developmentally disabled - nursing.
A type of state regulated care facility which provides intermediate
health care services as defined in Section 1250 of the California
Health and Safety Code.
Residential care facility. A type of state regulated care
facility for persons with chronic, life-threatening illness as
defined in Section 1568.01 of the California Health and Safety
Code.
Residential care facility for the elderly. A type of state
regulated care facility, which provides a voluntary housing
arrangement for persons 60 years of age or older as defined in
Section 1569.2 of the California Health and Safety Code.
Residential facility. At " ype of state regulated care facility
which provides 24-hour nonmedcal services as defined in Section
1502 of the California Health and Safety Code.
Alcoholism recovery facility. A type of state regulated care
facility which provides 24-hour residential nonmedical services to
adults as defined in Section 11834.02 of the California Health and
Safety Code.
Congregate living health facility. A type of state regulated
care facility which provides intermediate health care services with
a typical capacity of no more than 6 beds as defined in Section
1250 of the California Health and Safety Code.
Facility for mentally disordered, handicapped persons, or
dependent and neglected children. A type of state regulated care
facility which provides care on a 24-hour basis as described in
Section 5116 of the California Welfare and Institutions Code.
Family. One or more persons occupying one dwelling unit and
living together as a single housekeeping unit. Family also
includes State regulated care facilities which serve 6 or fewer
persons per one dwelling unit and qualify as a family pursuant to
Sections 1566.3 and 1569.85 of the Health and Safety Code. Family
does not include fraternity, sorority, boardinghouse, lodging
house, club, hotel or other nonresidential uses.
Family day care home - large. A home which provides family
day care to 7 to 12 children as defined in Section 1596.78 of the
California Health and Safety Code.
Family day care home - small. A home which provides family
day care to 6 or fewer children as defined in Section 1596.78 of
the California Health and Safety Code.
Intermediate care facility/developmentally disabled
habilitative. A type of state regulated care facility which
provides intermediate health care services as defined in Section
1250 of the California Health and Safety Code.
Intermediate care facility/developmentally disabled - nursing.
A type of state regulated care facility which provides intermediate
health care services as defined in Section 1250 of the California
Health and Safety Code.
Residential care facility. A type of state regulated care
facility for persons with chronic, life-threatening illness as
defined in Section 1568.01 of the California Health and Safety
Code.
Residential care facility for the elderly. A type of state
regulated care facility which provides a voluntary housing
arrangement for persons 60 years of age or older as defined in
Section 1569.2 of the California Health and Safety Code.
Residential facility. A type of state regulated care facility
which provides 24-hour nonmedical services as defined in Section
1502 of the California Health and Safety Code.
State regulated care facility. A medical or nonmedical care
facility which is authorized, certified or licensed by the State of
California. This definition does not include any type of hospital,
convalescent hospital', family day care home, or work furlough
facility.
Work furlough facility. A publicly or privately operated
local detention facility for the housing of inmates eligible under
Penal Code Section -1208 for work/education furlough and/or other
programs involving inmate access into the community.
Section 3. Article 6 is hereby added to Chapter II of Title 13 of
the Costa Mesa Municipal Code to read as follows:
ARTICLE 6. RESIDENTIAL ZONING DISTRICTS LAND USE REVIEW AND
PERMIT REQUIREMENTS
Sec. 13-111. Review and Permit Requirements
The purpose of this section is to provide a comprehensive list of
uses which are permitted, conditionally permitted or prohibited in
the residential zoning districts, as delineated in Table 13-111.
In evaluating a proposed use, the following criteria shall also be
considered:
(a) Uses determined as permitted may be subject to discretionary
review when construction is proposed.
(b) All listed uses in the matrix are subject to verification of
compliance with density and/or floor area ratios and parking
requirements, which may, in certain cases, prevent the
establishment of the use.
(c) Any proposed use not listed in Table 13-111 shall be reviewed
by the Development Services Director to determine its
similarity to another listed use. If no similarity exists,
approval of a conditional use permit shall be required prior
to establishment of the use.
RESIDENTIAL USES
Single-family units .
P I
P
P
P
Multi -family units
•
P
P
P
Mobile home parks
•
C
C
C
ACCESSORY RESIDENTIAL USES
Accessory apartments (subject to the requirements of Section 13-131)
P*
•
•
•
Antennas - amateur radio, satellite dish and communication
See Chapter XIII,
Article 1.5 Antennas
of Title 13.
Accessory commercial uses in transitional area (854 - 1014 W. 19th Street, EVEN numbers only, and 1903
Federal Avenue and subject to City policy)
P
•
•
•
Family day care home - large (7 to 12 children)(subject to the requirements of Section 13-133)
P*
P*
P*
P*
Family day care home - small (up to 6 children)
P
P
P
P
Granny units (subject to the requirements of Section 13-132)
P*
•
•
•
Home occupation permits (subject to the requirements of Section 13-740 through Section 13-745) '
P*
P*
P*
P*
Home occupations that generate some traffic and do not involve more than one customer/client at a time and no
more than 8 customers/clients per day
M
C
M
C
M
C
M
C
Renting of rooms to 3 or fewer persons per unit
P
P
P
P
Renting of rooms to 4 or more persons per unit
•
C
C
C
7
C - Conditional Use Permit; MC - Minor Conditional Use Permit; P - Permitted; •- Prohibited
* - This use is "Permitted" provided compliance with the requirements of the referenced Municipal Code Section(s) is demonstrated.
STATE REGULATED CARE FACILITIES
Note: All state regulated care facilities shall be properly licensed by the State as a condition of approval, when appropriate, and prior to
the issuance of a certificate of occupancy.
The following state regulated care facilities which serve 6 or fewer persons: I P I P I P I P
Alcoholism recovery facility
Congregate living health facility
Facility for mentally disordered, handicapped persons, or dependent and neglected children
Intermediate care facility/developmentally disabled habilitative
Intermediate care facility/developmentally disabled -nursing
Residential care facility
Residential care facility for the elderly
Residential facility
State regulated care facilities listed above which serve 7 or more persons
•
C
C
C
State regulated care facilities not listed above
•
C
C
C
NON-RESIDENTIAL USES
Churches and other places of religious assembly
C
C
C
C
Civic and community clubs
C
C
C
C
Convalescent hospitals
•
C
C
C
Country clubs; golf courses
C
C
C
C
Libraries
C
C
C
C
Public offices and facilities such as city halls, courthouses, police/fire stations, etc.
C
C
G
C
Schools (nursery, primary and secondary) and colleges
C
C
C
C
Temporary real estate offices not exceeding one year, for the sale of lots or houses in any approved subdivision.
P
P
P
P
Work furlough facility
•
C
C
C
Non-residential uses not listed in this table
•
•
•
•
C - Conditional Use Permit; MC - Minor Conditional Use Permit; P - Permitted; 0- Prohibited
' - This use is "Permitted" provided compliance with the requirements of the referenced Municipal Code Section(s) is demonstrated.
Section 4. The title of Article 7 of Chapter II. of Title 13 of the
Costa Mesa Municipal Code is hereby amended to read as follows:
ARTICLE 7. R1 SINGLE-FAMILY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS
Section 5. Section 13-126 of the Costa Mesa Municipal Code is
hereby repealed and reserved for future use.
Section 6. Section -13-133 is hereby added to Chapter II of Title
13 of the Costa Mesa Municipal Code to read as follows:
Sec. 13-133. Large family day care homes.
Applications for large family day care homes shall be submitted to
the planning division for development review per Section 13-345
Application and Review of Development, prior to the commencement of
the use. Pursuant to Section 1597.46 of the Health and Safety
Code, a large family day care home shall not .be subject to
provisions of the California Environmental Quality Act.
Section 7. The title of Article 8 of Chapter II of Title 13 of the
Costa Mesa Municipal Code is hereby amended to read as follows:
ARTICLE 8. R2 MULTIPLE -FAMILY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS
Section 8. Section 13-136 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
Sec. 13-136. Density Requirements.
(a) R2 -MD.: For lots within the medium density residential general
plan land use designation: one dwelling unit for each 3,630
square feet of land remaining after all required dedications
have been made. Except, legal lots existing as of March 16,
1992 that are less than 7,260 square feet in area but not less
than 6,000 square feet in area where' density calculations
result in fractions equal to or greater than 1.65 may be
rounded up to 2 units.
(b) R2 -HD: For lots within the high density residential general
plan designation: one dwelling unit for each 3, 000 square feet
of land remaining after all required dedications have been
made.
(c) Existing units. Units previously permitted that now exceed
the allowable density may be rebuilt subject to the following
conditions:
(1) If the units are unintentionally destroyed, the units may
be restored (rebuilt) so long as the restoration is of an
equal or lesser degree of nonconformity and the
restoration is started within a period of one year and
carried out diligently to completion. An extension of
time to start the restoration may be granted for good
cause by the. Development Services Director.
(2) If the units are voluntarily demolished, an equal or
lesser number of units may be rebuilt per Section 13-529
Nonconforming Dwelling Units.
Section 9. The title of Article 9 of Chapter II of Title 13 of the
Costa Mesa Municipal Code is hereby amended to read as follows:
ARTICLE 9. R3 MULTIPLE -FAMILY RESIDENTIAL DISTRICT DEVELOPMENT
STANDARDS
Section 10. Section 13-148 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
Sec. 13-148. Density Requirements.
(a) One dwelling unit for each 2,178 square feet of land remaining
after all required dedications have been made.
(b) Existing units. Units previously permitted that now exceed
the allowable density may be rebuilt subject to the following
conditions:
(1) If the units are unintentionally destroyed, the units may
be restored (rebuilt) so long as the restoration is of an
equal or lesser degree of nonconformity and the
restoration is started within a period of one year and
carried out diligently to completion. An extension of
time to start the restoration may be granted for good
cause by the Development Services Director.
(2) If the units are voluntarily demolished, .an equal or
lesser number of units may be rebuilt per Section 13-529
Nonconforming Dwelling Units.
Section 11. Severability.
If any provision or clause of this ordinance or the application
thereof to any person or circumstance is held to be
unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 12. Publication.
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 of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this 1:20-6j., day of — 1996.
ATTEST:
Deputy Ci y Clerk of the City
of Costa esa
AMASTO FORM:
-►� ���
City Attorney
MayolloE the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy 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.&_3 was introduced and considered
section by section at a regular meeting of said City Council held
on the E& day of 19 1996, and thereafter passed
and adopted as a whole at a regul meeting of said Council held on
the ap`' day of 1996, by the following roll
call vote:
AYES: COUNCIL MEMBERS: LtZkc,KSo&N, BuFFA , -NoRllducKl-a) G—ENi SI fn0A 4HAtiI
NOES: COUNCIL MEMBERS: lJcptJG-
ABSENT: COUNCIL MEMBERS: tb o E
ABSTAIN: COUNCIL MEMBERS: tjorjE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the
Seal of the City of Costa Mesa this a J 'zday of
1996.
Deputy Cit lerk and ex -officio Clerk
of the City Council of the City of
Costa Mesa