HomeMy WebLinkAbout00-05 Amending Title 13 of Code; Regulation of Group HomesORDINANCE NO. 00-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF
THE COSTA MESA MUNICIPAL CODE REGARDING
REGULATION OF GROUP HOMES
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Title 13 of the Costa Mesa Municipal Code is hereby amended
to read as follows:
a. Section 13-6 is amended as follows:
(1) Add, or revise as stated, the following definitions:
"Boardinghouse, large. A dwelling which has all of the characteristics
of a small boardinghouse and which accommodates 4 or more guests. Large
boardinghouse includes, but is not limited to, a residence for a sorority or
fraternity.
Boardinghouse, small. A dwelling which is designed or used to
accommodate a maximum of 3 guests,- where guestrooms are provided in
exchange for an agreed payment of a fixed amount of money or other
compensation based on the period of occupancy.
Dwelling, single-family. "Dwelling, single-family" or "Single-family
dwelling" is a building of permanent character placed in a permanent location
which is designed or used for residential occupancy by one family. A single
mobilehome on a foundation system on a single lot is a single-family dwelling. (See
Manufactured housing).
Dwelling, multi -family. "Dwelling, multi -family" or "Multi -family
dwelling" is a building or buildings of permanent character placed on one lot which
is designed or used for residential occupancy by two or more families.
Family. One or more persons occupying one dwelling unit and living
together as a single housekeeping unit.
Group home. A residential facility designed or used for occupancy by
persons that do not constitute a family.
Guestroom. A room occupied or intended, arranged, or designed for
occupancy by one or more guests.
Referral facility. A residential care facility or a residential service
facility where one or more person's residency in the facility is pursuant to a court
order or a directive from an agency in the criminal justice system. Referral facility
does not include any residential care facility containing 6 or fewer residents that is
required to be treated as a single-family residential use by state law.
Residential care facility. A residential facility licensed by the State
where. care, services, or treatment is provided to persons living in a community
residential setting
Residential service facility. A residential facility, other than a
residential care facility, boardinghouse, or single housekeeping unit, where the
operator provides to the residents personal services, in addition to housing,
including, but not limited to, protection, supervision, assistance, guidance,
training, therapy, or other nonmedical care.
Single housekeeping unit. The functional equivalent of a traditional
family, whose members are a nontransient interactive group of persons jointly
occupying a single dwelling unit, including the joint use of common areas and
sharing household activities and responsibilities such as meals, chores, and
expenses."
(2) Delete the following definitions:
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 for the elderly;
Residential facility;
State regulated care facility; and
Work furlough facility.
b. Modify Table 13-30 as shown on Attachment "A".
C. Section 13-32.1 is added to read as follows:
"Section 13-32.1. GENERAL GROUP HOME STANDARDS
"The City Council may adopt general standards that may be applied to
N
group home applications on a case-by-case basis. The final review
authority may use these standards to impose conditions upon
discretionary approvals to achieve the purposes set forth in Section
13-31 and to maintain neighborhood stability and cohesiveness by
regulating transient residents."
d. Section 13-32.2 is added to read as follows:
"Section 13-32.2. REFERRAL FACILITY.
The following standards are applicable to referral facilities:
(a) No referral facility may be located within 500 feet of property
that is as zoned as R-1 or PDR -LD, or within 500 feet of a
school, park, place of worship, or licensed day care facility.
(b) A referral facility must have a manager on-site, 24 -hours every
day to ensure the orderly operation of the facility and its
compliance with all applicable laws, regulations, and
conditions.
(c) No referral facility shall admit a resident who has been
convicted of any crime involving physical force against a
person, illegal possession of a weapon, possession, or use of a
weapon in the commission of a crime, or a felony involving a
controlled substance."
e. Add new Article 15, to Chapter IX of Title 13, as follows:
"ARTICLE 15. REASONABLE ACCOMMODATION
Sec. 13-200.60 PURPOSE.
It is the City's policy to provide reasonable accommodation in accordance
with federal and state Fair Housing Acts (42 USC §3600 et seq. and
Government Code §12900 et seq.) for persons with disabilities seeking fair
access to housing in the application of the City's zoning laws. The term
"disability(ies)" as used in this article shall have the same meaning as the
terms "disability" and "handicapped" as defined in the federal and state Fair
Housing Acts. The purpose of this article is to establish the procedure by
which a person may request reasonable accommodation, and how the
request is to be processed.
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Sec. 13-200.61 APPLICABILITY.
Any person seeking approval to operate a residential care facility, residential
services facility, or referral facility which will substantially serve persons
with disabilities may apply for a reasonable accommodation to obtain relief
from a zoning code provision, regulation, policy, or condition which causes
a barrier to equal opportunity for housing. The application for reasonable
accommodation shall be considered in conjunction with a conditional use
permit application for the proposed use.
Sec. 13-200.62 REASONABLE ACCOMMODATION PROCEDURE.
(a) Application required. An application for reasonable accommodation
shall be filed with the Planning Division pursuant to CHAPTER III
PLANNING APPLICATIONS. The application shall be processed in the
same manner as an application for a conditional use permit.
(b) `Submittal requirements. The application shall be made on the forms
provided by the Planning Division, and shall also include the following
information:
(1) The zoning code provision, regulation, policy, or condition from
which accommodation is being requested;
(2) The basis for the claim that the individuals are considered
disabled under the Fair Housing Acts, and why the
accommodation is. necessary to provide equal opportunity for
housing and to make the specific housing available to the
individuals; and
(3) Any other information that the Development Services Director
reasonably determines is necessary for evaluating the request
for reasonable accommodation.
(c) Submittal timeframe. The application shall be filed at the same time
as the application for the discretionary approval so it may be
processed concurrently. However, when the application concerns
conditions proposed during the processing of an underlying planning
application, the application shall be filed as soon as reasonably
practicable following disclosure of the proposed conditions. -
(d) Fees. No fee is required for the application for reasonable
accommodation if it is filed concurrently with the underlying planning
application. If the application is filed during the processing of an
underlying planning application for which notice has already been
provided, the applicant shall pay a fee that is equivalent to the public
hearing continuance fee.
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(e) Public notice required. Public notice shall be provided in accordance
with Section 13-29(d), and may be included with the notice of the
underlying planning application. In no event shall the notice be
provided less than 10 days before the hearing on the application for
reasonable accommodation. The notice shall summarize the
requested reasonable accommodation.
(f) Grounds for reasonable accommodation. The following factors shall
be considered in determining whether to grant a reasonable
accommodation:
(1)
Special needs created by the disability;
(2)
Potential benefit that can be accomplished by the requested
modification;
(3)
Potential impact on properties within the vicinity;
(4)
Physical attributes of the property and structures;
(5)
Alternative accommodations that may provide an equivalent
level of benefit;
(6)
In the case of a determination involving a single family
dwelling, whether the residents would constitute a single
housekeeping unit;
(7)
Whether the requested accommodation would impose an
undue financial or administrative burden on the City;
(8)
Whether the requested accommodation would require a
fundamental alteration in the nature of a City program; and
(9)
Whether granting the request would be consistent with the
City's General Plan.
(g) Decision.
The decision on the reasonable accommodation application
shall be
rendered as part of the decision on the underlying planning
application. The decision is subject to the same request for rehearing,
appeal, and
review as the underlying decision as provided in CHAPTER, III
PLANNING
APPLICATIONS."
f. Section 13-207.1 is added to read as follows:
"Sec. 13-207.1 GROUP HOMES.
If any lawfully existing group home is in violation of Section 13-30 and (i) it
would be an economic hardship to bring the use into compliance
immediately, or (ii) a vested right exists to continue the use, the
Development Services Director may, upon request of the owner or at the
Director's own initiative, establish a reasonable amortization period by the
end of which the use must be in compliance."
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Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, 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 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 3. Retroactive Effect.
The provisions of this ordinance are intended to apply retroactively to the
full extent allowed by the law. Notwithstanding the foregoing, this ordinance shall
not apply to any Residential Care Facility or Residential Service Facility that was
lawfully existing on or before December 31, 1999, in any institutional and
recreational zoning district or residential zoning district, except R-1.
Section 4. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days
after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA
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 201h day of March, 2000
ATTEST:
C.
Deputy City lerk of the City of Costa Mesa Mayor of We City of Costa Mesa
APPROVED AS TO FORM
6 CITY ATTOREY/'
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. 00-5 was introduced and considered section by section at a regular
meeting of said City Council held on the 6' day of March, 2000, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 20" day of March, 2000, by the following roll call vote:
AYES: Monahan, Cowan, Erickson, Somers, Dixon
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 21s' day of March, 2000.
Deputy City Clerk and ex -officio Clerk of
the City Codficil of the City of Costa Mesa
7
ATTACHMENT "A"
1. Single-family dwellings (single
housekeeping units)
P4
P
P I
P
•
•
•
•
•
•
•
•
P
P
P
P I
P
P
•
•
•
2. Multi -family dwellings
•
P
P
P
•
.
.
.
.
.
.
.
P
P
P
P
P
P
•
•
•
3. Mobile home parks
0
C
C
C
•
•
•
•
•
C
C
C
C
C
C
•
•
4. Boardinghouse, large
9
C
C
C
•
•
•
•
C
C
C
C
C
•
•
5. Boardinghouse, small
P
P
P
P
•
•
•
•
P
P
P
P
P
P
•
•
6. Residential care facility (6 or fewer
persons — State licensed)
P
P
P
P
•
•
•
•
•
•
•
•
P
P
P
P
P
P
P
•
•
7. Residential care facility (6 or fewer
persons — not State licensed)
P
P
P
P
•
•
•
•
•
•
•
•
P
P
P
P
P
P
P
•
•
8. Residential care facility (7 or more
persons — State licensed)
0
C
C
C
a
a
0
0
•
0
•
0
•
C
C
C
C
C
P
•
•
9. Residential care facility (7 or more
persons — not State licensed)
•
C
C
C
•
•
0
0
•
0
0
•
•
C
C
C
C
C
P
0•
10. Referral facility (Subject to the
requirements of Section 13-32.2 Referral
facility).
0
CZ
CZ
C2
•
0
•
CZ
•
•
•
a
•
CZ
CZ
•
•
•
•
•
•
11. Single room occupancy residential
•
•
•
C2
C2
•
•
•
•
•
•
•
•
•
•
hotel (subject to City Council Policy 500-5)
8
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; 9 - Prohibited
ATTACHMENT "A"
12. Accessory apartments (subject to the
P2
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
requirements of Section 13-35 ACCESSORY
APARTMENTS)
13. Animals, keeping of
SEE TITLE 3, ANIMALS AND FOWL
14. Antennas: Amateur radio, Satellite
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
dish, Communication
15. Accessory commercial uses in
PZ
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
transitional area (854-1014 W. 19`h Street,
EVEN numbers only, and 1903 Federal
Avenue and subject to CHAPTER IX,
ARTICLE 11, TRANSITIONAL AREAS)
16. Day care facilities (15 children or more)C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
•
(see also Nursery schools)
17. Family day care - large (7-14 children)
P2
P2
P2
P2
•
•
•
•
•
•
•
•
P2
P2
P2
P2
P2
P2'
P
•
•
(subject to the requirements of Section 13-37
3
3
LARGE FAMILY DAY CARE HOMES)
18. Family day care - small (up to 8 children)
P
P
P
P
a•
P
P
P
P
P3
P3
P
•
19. Garage/yard sales - no more than 2
P
P
P
P
•
•
•
•
•
•
•
•
P
P
P
P
P3
P3
•
•
•
events permitted a year, not to exceed 3
consecutive days
20. Granny units (subject to the requirements
PZ
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
of Section 13-36 GRANNY UNITS)
21. Home occupations (subject to the
P2
P2
P2
P2
•
•
•
•
•
•
P2
P2
P2
P2
P2
PZ'
•
•
•
requirements of CHAPTER IX, ARTICLE 6, HOME
3
3
OCCUPATIONS)
9
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; • - Prohibited
ATTACHMENT "A"
22. Home occupations that generate traffic M M M M • • • • • • • • MC M M M M M • • •
and do not involve more than one CZ CZ CZ CZ 2 CZ CZ C2 C2 C2,
customer/client at a time or more than 8 '3 3
customers/clients per day (subject to the
requirements of CHAPTER IX, ARTICLE 6, HOME
OCCUPATIONS)
22.1. Nonresidential accessory uses in a • • • • • • • • • • • • • • • • • • • • •
residential development not otherwise
specified in this table
22.2 Temporary real estate and construction P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2
offices (subject to the requirements of
CHAPTER IX, ARTICLE 10, TEMPORARY
TRAILERS)
23. Cemeteries
•
•
•
•
•
•
•
•
• 1
• 1
0
C
• 1
•
24. Churches and other places of religious
assembly
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
C
•
25. Civic and community clubs
C
C
C
C
C
C
P
P
P
P
C
C
C
C
C
C
C
C
C
•
•
26. Convalescent hospitals; Nursing homes
•
C
C
C
C
C
C
C
•
•
•
•
•
•
•
P'';
•
27. Country clubs; golf courses
C
C
C
C
•
•
•
•
•
C
C
C
C
•
•
P
•
28. Crematories - See also Mortuaries
services
•
•
•
C
•
•
C
C
•
•
•
•
•
C
•
29. Fairgrounds; Outdoor festival
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
C
•
•
10
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; • - Prohibited
ATTACHMENT "A"
30. Hospitals, general
•
1 •
•
1 •
1 •
31. Libraries
C
C
C
C
•
32. Mortuary services without crematories
o
•
0
0
C
33. Nursery schools - see also Day care
facilities for 15 or more children
C
C
C
C
C
34. Parks and playgrounds
C
I C
C
C
•
35. Public offices and facilities, such as city
halls, courthouses,police/fire stations, etc.
C
C
C
C
C
36. Schools: primary, secondary and
colleges
C
C
C
C
C
37. Schools: trade and vocational
•
•
•
•
•
38. Senior congregate care facility
C
C
39. Swap meets
•
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11
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; • - Prohibited