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HomeMy WebLinkAbout2022-53 - Measure with NOERESOLUTION NO.2022-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE ADOPTION OF A PROPOSED ORDINANCE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO.2022-27 WHEREAS, a General Municipal Election on Tuesday, November 8, 2022 has been called by Resolution No. 2022-27, adopted on June 7, 2022; and WHEREAS, the City Council of the City of Costa Mesa also desires to submit to the voters at the election a question relating to the adoption of a proposed ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Election on Tuesday, November 8, 2022, the following question: Measure _: Ordinance to Revitalize Commercial and Industrial Areas and Protect Residential Neighborhoods Response Vote To provide for future housing needs of workers, middle-class families, and seniors; maintain the character of Costa Mesa's Yes single-family neighborhoods; protect the environment and open space; attract new businesses; and maintain local No control; shall voters authorize the City Council to adopt publicly -reviewed land use plans to revitalize outdated commercial/industrial corridors such as Newport and Harbor Boulevards, and expand affordable housing, while restricting building heights, requiring developer -paid fees, and keeping residential neighborhoods intact? SECTION 2. That the proposed complete text of the ordinance to be submitted to the voters is attached as Attachment A. SECTION 3. That the vote requirement for the measures to pass is a majority (50% +1) of the votes cast. SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Resolution No. 2022-53 Page 1 of 3 SECTION 5. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution No. 2022-53 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 2"d day of August, 2022. ATTEST: Brenda Green, ity Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) John Stephens, Mayor APPROVED AS TO FORM: Kifnberly Frall Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 2022-53 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2"d day of August, 2022, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARR, AND STEPHENS. NOES: COUNCILMEMBERS: HARPER. 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 August, 2022. &'&4-4-1, BRENDA GR EN, CITY CLERK Resolution No. 2022-53 Page 3 of 3 CITY -SPONSORED INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Council for the City of Costa Mesa submits the following measure to the voters of the City for approval and enactment: The People of Costa Mesa find: (a) Past changes in the Costa Mesa Municipal Code had the unintended consequence of severely constricting the production of new housing in Costa Mesa, thereby contributing to a severe shortage of housing affordable to Costa Mesa's working and middle-class families, young adults, seniors, and others. (b) The requirement for a city wide vote on land use plans has had the effect of stalling the normal process of renewal, change, and revitalization of the city's commercial and industrial areas, contributing to the decline of local retail centers and increase in vacant storefronts along the city's main commercial corridors and industrial areas. (c) Since 2016, the State of California has adopted new laws and regulations requiring every city to plan for substantially increased numbers of housing units at all affordability levels to meet the needs of its residents, including working and middle class families and individuals, and imposing severe consequences for the city's failure to zone sufficient parcels of land to meet the state - designated housing need, including financial penalties and the loss of local control over land use planning. (d) The City of Costa Mesa has responded to these new laws and regulations through the development of its Housing Element, which included significant community input, a comprehensive analysis of the issues causing the lack of housing production, and identification of proposed Housing Opportunities Sites to meet the undeniable demand for new housing supply. (e) Costa Mesa residents recognize the benefits of allowing a more efficient use of land located near our job centers, and a greater variety of housing types, including mixed -use housing, along certain commercial and industrial corridors of the city and in the entire area north of the 405 freeway, specifically including the South Coast Plaza metro area where multi -story apartments and condominiums coexist with offices, restaurants, retail stores, and arts and cultural spaces, to create a vibrant urban environment. NOW, THEREFORE, THE PEOPLE OF THE CITY OF COSTA MESA DO ORDAIN AS FOLLOWS: SECTION 1. Code Amendment. This ordinance amends the Costa Mesa Municipal Code as follows, and supersedes any provisions that are inconsistent with this ordinance, and shall be known as "An Ordinance to Revitalize Commercial and Industrial Areas and Protect Residential Neighborhoods", and shall be referred to herein as the "Measure." SECTION 2. Purpose. The purpose of the Measure is to revise the Costa Mesa Municipal Code to allow the City Council to establish land use plans, including general plan and/or zoning code amendments, through a public hearing and visioning process, including any related amendments to City Ordinances, as needed, for specifically defined areas of the City to encourage development of affordable housing for working and middle class families and boost commercial revitalization, while keeping intact current residential neighborhoods and maintaining local control. SECTION 3. Section 13-200.106 of the Costa Mesa Municipal Code is amended to add the following subsection (g): (g) This article shall not apply to any amendment, change, or replacement of the General Plan, or of Costa Mesa's zoning ordinance (as defined and contained in Title 13 of the Costa Mesa Municipal Code) or any Specific Plan or Overlay Plan, or adoption of a new Specific Plan or Overlay Plan, applicable to property located in the following areas, as depicted in Exhibit A, to provide for the development of housing and/or mixed use and/or revitalization of existing commercial and/or industrial corridors therein: (1) Newport Boulevard/Old Newport Boulevard from Mesa Drive to the City limit and Superior from Newport Boulevard to the City limit; (2) Harbor Boulevard from Baker Street to West 19th Street; (3) Baker Street between SR-73 and SR-55, generally referred to as the SoBECA area; (4) South side of Baker Street from Fairview to Mendoza; (5) Bristol Street, south of the 405 freeway to the City limit; (6) West 17th Street from Newport Boulevard west to Monrovia, West 18th Street from Placentia west to Monrovia, and 19th Street from Harbor Boulevard west to Federal; (7) Placentia Avenue from Victoria Street to West 16th Street; (8) The site located at 3150 Bear Street; and (9) North of the 405 freeway as bordered by the City limits. All city -sponsored land use plans adopted or amended for any part of the defined areas eligible for this exemption shall include a public community visioning process (e.g., workshops, design charrettes, community surveys) prior to adoption or amendment by the City Council at any required public hearing. All land use plans approved for the areas described above shall include restrictions on building heights. Development impact fees shall be required to be paid to mitigate impacts of any permitted development, including traffic and parks and open space, and all required environmental and public review shall precede any decisions. Nothing herein shall be deemed to exempt major changes in allowable land use of any existing residentially developed properties or public parkland from the provisions of this article. SECTION 4. Section 13-200.106(e) of the Costa Mesa Municipal Code is hereby amended to read: The provisions of this article shall not apply to affordable housing proposals required by state or federal law, or to any housing or mixed used development proposals located in the areas listed in subsection (g) as depicted in Exhibit A that comply with a City Council - adopted affordable housing ordinance(s) or City Council -approved development agreement. SECTION 5. 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 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance 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 portions of this ordinance. The People of the City of Costa Mesa hereby declare that they would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Effective Date. This ordinance shall take effect according to law ten days after certification of the election at which it is adopted. W nrillp 192 AM T- W-, -:1 1 . MR, 1 6Vi r U U U.If P 1*1 U9 r--q M-71 7L�6. 40 �4 71 17 41 % -D * 10 . --v rp Oz, V 9 W4F 117.4r,- N ;> V T I-V. 1. r i-� it. L - 04 N., Ar Of-i CW, 4 W IP, A U1 0 rg,, PNI A NI, r Legend k% T .,z Corridors I�k City Boundary nil WN Im W." % Oyd 0 4L,�, Map Note: No existing residentially developed properties will TOWKID, tam N be subject to land use changes under this measure J, IZ f 4L f 6D.MM- L- & . �- CM S < ulam- 0 so IN R State of California - Department of Fish and Wildlife 2022 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV. 01101122) Previously DFG 753.5a SEE INSTRUCTIONS ON REVERSE. TYPE: OR PRINT CLEARLY. t �° � ' _: . RECEIPT NUMBER: 30 — 08/11/2022 — 0693 STATE CLEARINGHOUSE NUMBER (if applicable) LEADAGENCY LEADAGENCY EMAIL DATE CITY OF COSTA MESA 1 1 08/11/2022 COUNTYISTATE AGENCY OF FILING DOCUMENT NUMBER Orange 202285000701 PROJECT TITLE CITY OF COSTA MESA INITIATIVE ORDINANCE ENTITLED ORDINANCE: TO REVITALIZE COMMERCIAL AND INVU$TRIAL AREAS AND PROTECT RESIDENTIAL NEIGNBORN04OS• (BALLOT MEASURE) PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF COSTA MESA (714)754-5617 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 77 FAIR DRIVE COSTA MESA CA 92626 PROJECT APPLICANT (Check appropriate box) 0 Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $3,539.25 $ 0.00 ❑ MitlgatedlNegative Declaration (MND)(ND) $2,548.00 $ 0.00 ❑ Certified Regulatory Program (CRP) document - payment due directly to CDFW $1,203.25 $ 0,00 [E] Exempt from fee ® Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ 0.00 ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check ❑ Other TOTAL RECEIVED $ 0.00 SIGNATUR AGENCY OF FILING, PRINTED NAME AND TITLE X DEPUTY CLERK, SANDRA VALENCIA LOPEZ ORIGINAL -PROJECT APPLICANT COPY - CDFWIASB CDPY-L. ADAGENCY COPY -COUNTY CLERK DFW 753.5a (Rev. 01012022) ORANGE COUNTY CLERK -RECORDER CFQA FILING COVER SHEET Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder lidII1ll�Ili II��IIII111IIII1llllj1111111111dillhill111111111I1III1111 NO FEE *$ R 0 0 1 3 9 0 0 2 7 9$ 202285000701 1.48 pm 08111/22 414 Vitlndx Z01 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR, CLERK'S USE ONLY Complete and attach this form to each CEQA Notice filed with the County Clerk -Recorder TYPE OR PRINT CLEARLY Et•oioct Title CITY OF COSTA MESA INITIATIVE ORDINANCE ENTITLED "ORDINANCE TO REVITALIZE COMMERCIAL AND INDUSTRIAL AREAS AND PROTECT RESIDENTIAL NEIGHBORHOODS" (BALLOT MEASEUR) Check Document beina Filed: 0 Environmental Impact Report (EIR) 0 Mitigated Negative Declaration (MND) or Negative Declaration (ND) Notice of Exemption (NOE) 0 Other (Please fill in type): AUG 11 2022 ORANGE CO NIT E K-RECORDER DEPARTMENT BY: DEPUTY I ,U 11 2022 ORANGE C N ICIERK-RECORDER DEPARTMENT BY: DEPUTY FILED IN THE OFFICE OF THE ORANGE COUNTY CLER1K.RE August 11, 2022 Posted August,11, 2022 Removed Returned to agency on DEPUTY SANDRA VALENCIA LOPEZ Filing fees are due at the time a Notice of Determination/Exemption is filed with our office.For more information on filing fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753.5. NOTICE OF EXEMPTION K m To: ® Office of Planning and Research From: City of Costa Mesa c 1400 Tenth Street, Room 121 Development Services Dept. M Sacramento, CA 95814 77 Fair Drive, P.O. Box 1200 r � r Costa Mesa, CA 92628 ® County Clerk -Recorder a rea County of Orange ❑ $50 Filing Fee Attached 6 ®s P.O. Box 238, Santa Ana,. CA 92702-0238 0 No Fee — City projects exempt from filing fee Q3 r� Project Title: City of Costa Mesa Initiative Ordinance entitled "Ordinance to Revitalize Commercial c�id friclustrial Areas and Protect Residential Neighborhoods" (Ballot Measure) -+ Proiect Location: Citv-wide Project Location — City: Costa Mesa Proiect Location — County: Oranae Description of Nature, Purpose, and Beneficiaries of Project: The Ballot Measure would revise the Costa Mesa Municipal Code to allow the City Council to establish land use plans, including the amendment, change, or replacement of the General Plan, or of Costa Mesa's zoning ordinance or any Specific Plan or Overlay Plan, or adoption of a new Specific Plan or Overlay Plan, applicable to property located in specifically defined areas of the City through a public hearing and visioning process, in order to encourage the development of affordable housing for working and middle class families and to encourage the revitalization of existing commercial and/or industrial corridors therein, while keeping intact current residential neighborhoods and maintaining local control. Name of Public Agency Approving Project: City of Costa Mesa Name and Address of Person or Agency City of Costa Mesa, 77 Fair Drive, Costa Mesa, CA, 92626; c/o Jennifer Carrying Out Project: Le, Director of Economic and Developme c 111!2� Exempt Status: (Check One) ° v l l_ LJ ❑ Ministerial (See.21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 16269(a)); AUG 11 2022 ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); oRANGEC YC-RECORDER ❑ Categorical Exemption. State type and section number: BY: DEPUTY 0 Statutory Exemptions. State code number: CEQA Guidelines Section 15378(b)(5) and i!F.061(b)(3). Reasons why project is exempt: The Measure is exempt from review under the California Environmental Quality Act pursuant to the following Sections of Title 14, Chapter 3, California Code of Regulations because: A. The initiative ordinance is not a project under CEQA pursuant to section 15378 (b)(5), because it involves organizational or administrative activities of government that will not cause or result in direct or indirect physical changes in the environment as it will not approve any project or make any project subject to ministerial approval, and any such changes would still require environmental review. B. The initiative ordinance is exempt under Section 15061(b)(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. In this case, it can be seen with certainty that there is no possibility that the proposed initiative ordinance may have a significant effect on the environment and is therefore not subiect to CEQA. Lead Agency Contact Person: Jennifer Le Phone: 714-754-5617 Signature: Date: i t L 2- Title: Director of Economic and Development Services FISH & GAME. FEES: Pursuant to section 711.4(e)(2)(A) of the California Fish and Game Code, the project is exempt from fees since it is exempt from CEQA, Filed with the County Clerk: ❑ Yes ❑ No Date Filed: