HomeMy WebLinkAbout17-05 Amend Title 13, Group Homes' ORDINANCE NO. 17-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING SECTION 13-200.62 OF ARTICLE 15 (REASONABLE
ACCOMODATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS) AND
CHAPTER XV (GROUP HOMES), CHAPTER XVI (GROUP HOMES AND
RESIDENTIAL CARE FACILITIES IN THE R2, R3, PDRLD, PDRMD, AND PDRHD
ZONES) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA
MESA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE:
WHEREAS, under the California Constitution, Article XI, Section 7, the City has
been granted broad police powers to preserve the residential characteristics of its R2MD,
R2HD, and R3 zones; and planned development residential zones, 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, the Federal Fair Housing Act Amendments ("FHAA") and the
California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning
ordinances which would on their face or have the effect of discriminating against equal
housing opportunities for the handicapped; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman Act is
to provide a broader range of housing opportunities to the handicapped; to free the
handicapped, to the extent possible, from institutional style living; and to ensure that
handicapped persons have the opportunity to live in normal residential surroundings and
use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non -
handicapped; and
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City
provide reasonable accommodations to its zoning ordinances If such accommodation is
necessary to afford a handicapped person an equal opportunity to use and enjoy a
dwelling; and
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to treat
state licensed residential care facilities serving six or fewer as a residential use; and
WHEREAS, in enacting this Ordinance the City Council of the City of Costa Mesa
' is attempting to strike a balance between the City's and residents' interests of preserving
the characteristics of residential neighborhoods and to provide opportunities for the
Ordinance No. 17-05 Page 1 of 14
handicapped to reside in such neighborhoods that are enjoyed by the non -handicapped;
' and
WHEREAS, over the past several years the City, County and State have seen a
significant increase in the number of single- and multi -family homes being utilized as
alcohol and drug recovery facilities for large numbers of individuals (hereafter, "sober
living homes"); and
WHEREAS, the increase appears to be driven in part by the Substance Abuse and
Crime Prevention Act of 2000 (hereafter, "the Acf') adopted by California voters which
provides that specified first-time drug and alcohol offenders are to be afforded the
opportunity to receive substance abuse treatment rather than incarceration; and
WHEREAS, the Affordable Care Act has significantly expanded the availability of
health care coverage for substance abuse treatment; and
WHEREAS, the City of Costa Mesa has seen a sharp increase in the number of
sober living homes, which has generated secondary impacts including, but not limited to
neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand
smoke, and noise; and the clustering of sober living facilities in close proximity to each
other creating near neighborhoods of sober living homes; and
' WHEREAS, over the past 38 months, from January 2014 to March 2017, the City
experienced an increase of 84% in the number of sober living facilities and residential
care facilities in the multiple -family residential zones. Those new facilities resulted in an
increase of 715 beds, which is a 113% increase in beds since January of 2014. As of
March 1, 2017 the City had a total of 115 residential care facilities in the multi -family
residential zones, with an estimated 1347 beds to treat drug and alcohol addiction; and
WHEREAS, currently, in all zones, it is estimated that the City of Costa Mesa is
home to 1,748 alcohol and drug recovery beds, divided as follows: 63 state licensed
residential facilities/certified alcohol and drug programs in residential zones with six or
fewer occupants, providing 352 beds; 19 state licensed facilities with seven or more
occupants providing 269 beds; 97 unlicensed sober living homes in all residential zones,
providing 1,127 beds; included in those 97 homes are 10 homes that have been issued
Special Use Permits per the R1 Ordinance, providing 60 beds; and 1 approved CUP
application per the MFR Ordinance, providing 11 beds;
WHEREAS, the City of Costa Mesa is currently home to almost 29% of the state
licensed residential drug and alcohol treatment facilities in Orange County, while the City
holds 3.6% of the County's population; thus, it is reasonable to infer that unlicensed sober
living homes are locating in the City at a higher concentration than in nearby communities;
and
' WHEREAS, over the last decade the number of sober living homes in the City of
Costa Mesa is rapidly increasing, leading to an overconcentration of sober living homes
Ordinance No. 17-05 Page 2 of 14
in certain of the City's residential neighborhoods, which is both deleterious to the
t residential character of these neighborhoods and may also lead to the institutionalization
of such neighborhoods; and
WHEREAS, the purpose of sober living homes is to provide a comfortable living
environment for persons with drug or alcohol addictions in which they remain clean and
sober and can participate in a recovery program in a residential, community environment,
and so that they have the opportunity to reside in the residential neighborhood of their
choice; and
WHEREAS, recovering alcoholics and drug addicts, who are not currently using
alcohol or drugs, are considered handicapped under both the FHAA and FEHA; and
WHEREAS, in 2008, the U.S. Department of Health and Human Services
projected spending on substance abuse recovery to be $35 billion annually by 2014
(source: Projections of National Expenditures for Mental Health Services and Substance
Abuse Treatment 2004-2014, U.S. Dept. of Health and Human Services, Substance
Abuse and Mental Health Services Administration, Katharine R. Levit at al., 2008); and
WHEREAS, because of their extremely transient populations, above -normal
numbers of individuals/adults residing in a single dwelling and the lack of regulations,
sober living facilities present problems not typically associated with more traditional
residential uses, including but not limited to: the housing of large numbers of unrelated
adult who may or may not be supervised; disproportionate numbers of cars associated
with a single housing unit, which causes disproportionate traffic and utilization of on -street
parking; excessive noise and outdoor smoking, which interferes with the use and
enjoyment of neighbors' use of their property; neighbors who have little to no idea who
does and does not reside in the home; little to no participation in community activities that
form and strengthen neighborhood cohesion; a history of opening facilities in complete
disregard of the Costa Mesa Municipal Code and with little regard for impacts to the
neighborhood; disproportional impacts from the average dwelling unit to nearly all public
services including sewer, water, parks, libraries, transportation infrastructure, fire and
police; a history of congregating in the same general area; and the potential influx of
individuals with a criminal record; and
WHEREAS, housing inordinately large numbers of unrelated adults in a single
dwelling or congregating sober living homes in close proximity to each other does not
provide the handicapped with an opportunity to "live in normal residential surroundings,"
but rather places them into living environments bearing more in common with the types
of institutional/campus/dormitory living that the FEHA and FHAA were designed to
provide relief from for the handicapped, and which no reasonable person could contend
provides a life in a normal residential surrounding; and
WHEREAS, notwithstanding the above, the City Council recognizes that while not
' in character with residential neighborhoods, that when operated responsibly, group
homes, including sober living homes, provide a societal benefit by providing the
Ordinance No. 17-05 Page 3 of 14
' handicapped the opportunity to live in residential neighborhoods, as well as providing
recovery programs for individuals attempting to overcome their drug and alcohol
addictions, and that therefore providing greater access to residential zones to group
homes, including sober living homes, than to boardinghouses or any other type of group
living provides a benefit to the City and its residents; and
WHEREAS, without some regulation there is no way of ensuring that the
individuals entering into a group home are handicapped individuals and entitled to
reasonable accommodation under local and state law; that a group home is operated
professionally to minimize impacts to the surrounding neighborhood; and that the
secondary impacts from over concentration of both group homes in a neighborhood and
large numbers of unrelated adults residing in a single facility in an individual home are
lessened;and
WHEREAS, based on the City's experience it has become clear that at least some
operators of sober living homes are driven more by a motivation to profit rather than to
provide a comfortable living environment in which recovering addicts have a realistic
potential of recovery, or to provide a living environment which remotely resembles the
manner in which the non -disabled use and enjoy a dwelling; and
WHEREAS, the residents of group and sober living homes come to the City from
all parts of the country and often lack established ties to the community and lack a local
' support system independent of the group or sober living home and are especially
vulnerable to becoming homeless upon eviction; and some such evicted resident have in
fact become homeless within the City; and
WHEREAS, it an intent of this ordinance to require that operators of group and
sober living homes provide the residents information regarding the available local housing
resources prior to eviction from a home; 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: Section 13-200.62 of Article 15 (Reasonable Accommodations) of Chapter
IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and Development) is
hereby amended as follows:
Ordinance No. 17-05 Page 4 of 14
Sec. 13-200.62. - Reasonable accommodations—Procedure.
(a) Application required. An application for a reasonable accommodation shall be filed
and processed with the planning division. The application shall include the following
information and be subject to the determinant factors required by this section.
(b) Submittal requirements. The application shall be made in writing, and shall 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 state
or federal law, and why the accommodation is necessary to provide equal
opportunity for housing and to make the specific housing available to the
individuals;
(3) Any other information that the director reasonably determines is necessary for
evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability; (b)
applying on behalf of one (1) or more individuals with a disability; or (c) a developer
or provider of housing for one (1) or more individuals with a disability;
(5) The specific exception or modification to the Zoning Code provision, policy, or
practices requested by the applicant;
' (6) Documentation that the specific exception or modification requested by the
applicant is necessary to provide one (1) or more individuals with a disability an
equal opportunity to use and enjoy the residence;
(7) Any other information that the hearing officer reasonably concludes is necessary
to determine whether the findings required by subsection (e) can be made, so long
as any request for information regarding the disability of the individuals benefited
complies with fair housing law protections and the privacy rights of the individuals
affected.
(c) Fees. No application fee is required.
(d) Director action. Within sixty (60) days of receipt of a completed application, the
director shall issue a written determination to approve, conditionally approve, or deny a
request for reasonable accommodation, and the modification or revocation thereof in
compliance with this chapter. Any appeal to reasonable accommodation request denial
or conditional approval shall be heard with, and subject to, the notice, review, approval,
and appeal procedures prescribed for any other discretionary permit.
(e) Grounds for reasonable accommodation. The following factors shall be considered
in determining whether to grant a requested accommodation:
(1) Is the requested accommodation necessary to afford a disabled person an equal
opportunity to use and enjoy a dwelling? To determine whether the
accommodation is necessary, the director may consider, among other things: The
' nature of the disability including the special needs created by the disability, the
physical attributes and setting of the property and structures, the potential benefit
Ordinance No. 17-05 Page 5 of 14
' that can be accomplished by the requested accommodation, and alternative
accommodations that may provide a comparable level of benefit.
(2) Is the requested accommodation reasonable? A requested accommodation is not
reasonable if it would impose an undue financial or administrative burden on the
City. It is also not reasonable if it would fundamentally alter a City program, such
as the City's zoning scheme.
(A) In considering the financial or administrative burden on the City, the director
may consider, among other things, the extent to which the City would have
to dedicate resources, such as staff time and funds, to grant the request
and other requests like it.
(B) In considering the potential alteration to a City program, such as the City's
zoning scheme, the director may consider, among other things, whether
granting the request would be consistent with the City's General Plan, with
the purpose and nature of the particular zoning district, and with nearby
uses. The director may also consider whether the requested
accommodation would potentially have adverse external impacts on
properties in the vicinity.
(f) Findings. The written decision to approve, conditionally approve, or deny a request
for reasonable accommodation shall be based on the following findings, all of which are
required for approval. In making these findings, the director may approve alternative
' reasonable accommodations which provide an equivalent level of benefit to the
applicant.
(1) The requested accommodation is requested by or on the behalf of one (1) or
more individuals with a disability protected under the fair housing laws.
(2) The requested accommodation is necessary to provide one (1) or more
individuals with a disability an equal opportunity to use and enjoy a dwelling.
(3) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative burden" is
defined in fair housing laws and interpretive case law.
(4) The requested accommodation is consistent with surrounding uses in scale and
intensity of use.
(5) The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or substantial
physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's showing
that the requested accommodation is necessary, then a finding that the requested
accommodation is necessary to make facilities of a similar nature or operation
economically viable in light of the particularities of the relevant market and market
participants generally, notjust for that particular applicant.
(7) Whether the existing supply of facilities of a similar nature and operation in the
community is sufficient to provide individuals with a disability an equal opportunity
' to live in a residential setting.
Ordinance No. 17-05 Page 6 of 14
(8) The requested accommodation will not result in a fundamental alteration in the
' nature of the city's zoning program.
(g) The city may consider, but is not limited to, the following factors in determining
whether the requested accommodation would require a fundamental alteration in the
nature of the city's zoning program.
(1) Whetherthe requested accommodation would fundamentally alter the character
of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in traffic or
insufficient parking.
(3) Whether granting the requested accommodation would substantially undermine
any express purpose of either the city's general plan or an applicable specific plan.
(4) Whether the requested accommodation would create an institutionalized
environment due to the number of and distance between facilities that are similar
in nature or operation.
(5) Any other factors that would cause a fundamental alteration in the city's zoning
program, as may be defined in the Fair Housing Law.
Section 2: Section 13-311 of Chapter XV (Group homes) of Title 13 (Planning, Zoning
and Development) is hereby amended as follows:
Sec. 13-311. - Special use permit required.
' (a) A group home that may otherwise be considered an unpermitted use may locate in
an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the
owner/operator of the group home. The application shall provide the following:
i. the name, address, phone number and driver's license number of the
owner/operator;
ii. if the applicant and/or operator is a partnership, corporation, fine or association,
then the applicant/operator shall provide the additional names and addresses as
follows and such persons shall also sign the application:
a. every general partner of the partnership;
b. every owner with a controlling interest in the corporation;
c. the person designated by the officers of a corporation as set forth in a
resolution of the corporation that is to be designated as the permit
holder;
iii. the license and permit history of the applicant(s), including whether such
applicant(s), in previously operating a similar use in this or another city, county or
state under license and/or permit, has had such license and/or permit revoked or
suspended, and the reason therefore
iv. the name, address, phone number and driver's license number of the house
manager;
' v. a copy of the group home rules and regulations;
vi. written intake procedures;
Ordinance No. 17-05 Page 7 of 14
vii. the relapse policy;
'
viii. an affirmation by the owner/operator that only residents (other than the house
manager) who are handicapped as defined by state and federal law shall reside at
the group home;
ix. blank copies of all forms that all residents and potential residents are required
to complete; and
v. a fee for the cost of processing of the application as set by resolution of the city
council.
No person shall open a group home or begin employment with a group home until
this information has been provided and such persons shall be responsible for
updating any of this information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house manager,
but in no event shall have more than seven (7) occupants. If the dwelling unit has
a secondary accessory unit, occupants of both units will be combined to determine
whether or not the limit of six (6) occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit unless the
primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group home or any
multiple of persons acting as a house manager who are present at the group home
on a twenty -four-hour basis and who are responsible for the day-to-day operation
of the group home.
(5) All garage and driveway spaces associated with the dwelling unit shall, at all
'
times, be available for the parking of vehicles. Residents and the house manager
may each only store or park a single vehicle at the dwelling unit or on any street
within five hundred (500) feet of the dwelling unit. The vehicle must be operable
and currently used as a primary form of transportation for a resident of the group
home.
(6) Occupants must not require and operators must not provide "care and
supervision" as those terms are defined by Health and Safety Code Section 1503.5
and Section 80001(c)(3) of title 22, California Code of Regulations.
(7) Integral group home facilities are not permitted. Applicants shall declare, under
penalty of perjury, that the group home does not operate as an integral use/facility.
(8) If the group home operator is not the property owner, written approval from the
property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes, municipal code
and zoning.
(10) At least 48 hours prior to an occupant's eviction from or involuntary termination
of residency in a group home, the operator thereof shall:
i. notify the person designated as the occupant's emergency contact or contact of
record that the occupant will no longer be a resident at the home;
ii. contact the Orange County Health Care Agency OC Links Referral Line and/or
'
another entity designated by the City to determine the services available to the
Ordinance No. 17-05 Page 8 of 14
' occupant, including but not limited to, alcohol and drug inpatient and outpatient
treatment;
ill. notify the city's Network for Homeless Solutions that an occupant is no longer a
resident at the home, and determine the services available therefrom;
iv. provide the information obtained from ii. and iii. and any othertreatment provider
or service to the occupant prior to his or her release on a form provided by the city
and obtain the occupant's signed acknowledgement thereon;
v. provided, however, that if the occupant's behavior results in immediate
termination of residency pursuant to rules approved by the city as part of the
special use permit for that facility, the operator shall comply with i. though iv. as
soon as possible.
(11) Prior to an occupant's eviction from or involuntary termination of residency in a
group home, the operator thereof shall also:
1. make available to the occupant transportation to the address listed on the
occupant's driver license, state issued identification card, or the permanent address
identified in the occupant's application or referral to the group home;
I. provided, however that should the occupant decline transportation to his or her
permanent address or otherwise has no permanent address, then the operator shall
make available to the occupant transportation to another group home or residential
care facility that has agreed to accept the occupant.
(12) The group home operator shall maintain records for a period of one year
following eviction from or involuntary termination of residency of an occupant that
document compliance with subsections (a)(10) and (a)(11), provided, however, that
nothing herein shall require an operator of a group home to violate any provision of
state or federal law regarding confidentiality of health rare information. The group
home operator may not satisfy the obligations set forth in subsection (a)(11) by
providing remuneration to the occupant for the cost of transportation.
(13) All drivers of vehicles picking up or dropping off persons at a group home shall
comply with all applicable provisions of this code and the Vehicle Code, including
but not limited to those provisions regulating licensure and parking, standing and
stopping. (14) In addition to the regulations outlined above, the following shall also
apply to sober living homes:
L The sober living home is not located within six hundred fifty (650) feet, as
measured from the closest property lines, of any other sober living home or a
state licensed alcoholism or drug abuse recovery or treatment facility.
ii. All occupants, other than the house manager, must be actively participating
in legitimate recovery programs, including, but not limited to, Alcoholics
Anonymous or Narcotics Anonymous and the sober living home must maintain
current records of meeting attendance. Under the sober living home's rules and
regulations, refusal to actively participate in such a program shall be cause for
eviction.
iii. The sober living home's rules and regulations must prohibit the use of any
' alcohol or any non-prescription drugs at the sober living home or by any
recovering addict either on or off site. The sober living home must also have a
Ordinance No. 17-05 Page 9 of 14
' written policy regarding the possession, use and storage of prescription
medications. The facility cannot dispense medications but must make them
available to the residents. The possession or use of prescription medications
is prohibited except for the person to whom they are prescribed, and in the
amounts/dosages prescribed. These rules and regulations shall be posted on
site in a common area inside the dwelling unit. Any violation of this rule must
be cause for eviction under the sober living home's rules for residency and the
violator cannot be re -admitted for at least ninety (90) days. Any second
violation of this rule shall result in permanent eviction. Alternatively, the sober
living home must have provisions in place to remove the violator from contact
with the other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration
requirements of Penal Code Section 290 does not exceed the limit set forth in
Penal Code Section 3003.5 and does not violate the distance provisions set
forth in Penal Code Section 3003.
v. The sober living home shall have a written visitation policy that shall preclude
any visitors who are under the influence of any drug or alcohol.
A. The sober living home shall have a good neighbor policy that shall direct
occupants to be considerate of neighbors, including refraining from engaging
in excessively loud, profane or obnoxious behavior that would unduly interfere
with a neighbor's use and enjoyment of their dwelling unit. The good neighbor
' policy shall establish a written protocol for the house manager/operator to
follow when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following services as
they are defined by Section 10501(a)(6) of Title 9, California Code of
Regulations: detoxification; educational counseling; individual or group
counseling sessions; and treatment or recovery planning.
(15) An applicant may seek relief from the strict application of this section by
submitting an application to the director setting forth specific reasons as to why
accommodation over and above this section is necessary under state and federal
laws, pursuant to section 13-200.62.
(b) The special use permit shall be issued by the director as a ministerial matter if the
applicant is in compliance or has agreed to comply with subsections (a)(1) through
(a)(14) above. At least ten (10) days prior to issuing a special use permit, the director
shall cause written notice to be mailed to the owner of record and occupants of all
properties within 500 feet of the location of the group home. Prior to issuance of the
special use permit, the director shall hold a public hearing for the purpose of receiving
information regarding compliance with the applicable provisions of subsections (a) and
(b). The issuance of the special use permit shall be denied upon a determination, and if
already issued shall be denied or revoked upon a hearing, by the director that any of
the following circumstances exist:
(1) Any owner/operator or staff person has provided materially false or misleading
information on the application or omitted any pertinent information;
(2) Any owner/operator or staff person has an employment history in which he or
she was terminated during the past two (2) years because of physical assault,
Ordinance No. 17-05 Page 10 of 14
' sexual harassment, embezzlement or theft; falsifying a drug test; and selling or
furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo
contendere, within the last seven (7) to ten (10) years, to any of the following
offenses:
I. Any sex offense for which the person is required to register as a sex offender
under California Penal Code Section 290 (last ten (10) years);
ii. Arson offenses—Violations of Penal Code Sections 451-455 (last seven
(7) years); or
iii. Violent felonies, as defined in Penal Code Section 667.5, which involve
doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last seven (7)
years).
(4) Any owner/operator or staff person is on parole or formal probation supervision
on the date of the submittal of the application or at any time thereafter.
(5) The owner/operator accepts residents, other than a house manager, who are
not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied upon a
determination, and if already issued, any transfer shall be denied or revoked, upon
a hearing, by the director that any of the following additional circumstances exist:
'
I. Any owner/operator or staff person of a sober living home is a recovering
drug or alcohol abuser and upon the date of application or employment has
had less than one (1) full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately take
measures to remove any resident who uses alcohol or illegally uses
prescription or non-prescription drugs, or who is not actively participating in a
legitimate recovery program from contact with all other sober residents.
iii. The sober living home, as measured by the closest property lines, is located
within six hundred fifty (650) feet of any other sober living home or state
licensed alcoholism or drug abuse recovery or treatment facility. If a state
licensed alcoholism or drug abuse recovery or treatment facility moves within
six hundred fifty (650) feet of an existing sober living home this shall not cause
the revocation of the sober living home's permit or be grounds for denying a
transfer of such permit.
(7) For any other significant and/or repeated violations of this section and/or any
other applicable laws and/or regulations, including but not limited to failure to
comply with the provisions of subsection (a)(10) through (13).
(8) Revocation shall not apply to any group home, which otherwise would cause it
to be in violation of this Ordinance, that has obtained a reasonable accommodation
pursuant to section 13-200.62.
' Section 3: Sections 13-322 and 13-323 of Chapter XVI (Group homes and residential
care facilities in the R2MD, R2HD, R3, PRDLD, PDRMD and PDRLD Zones) of Title 13
(Planning, Zoning and Development) is hereby amended as follows:
Ordinance No. 17-05 Page 11 of 14
' Sec. 13-322. - Group homes in the R2 -MD, R2 -HD and R3 residential zones and the
PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI (planned development zones)
zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit the operation
of a group home including a sober living home with six or fewer occupants in the R2 -
MD, R2 -HD and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM,
PDC, and PDI (planned development zones) zones subject to the following
requirements:
(1) The application for and operation of the group home complies with subsections
(a)(1), (a)(2) and (a)(4) through (a)(14) of section 13-311.
(2) The application includes a live scan of the house manager and/or operator of
the group home.
(3) The group home or sober living home is at least 650 feet from any other
property, as defined in section 13-321, that contains a group home, sober living
home or state licensed drug and alcohol treatment facility, as measured from the
property line.
(d) The development services director may issue, revoke or deny a special use permit
for a group home including a sober living home subject to this chapter pursuant to the
procedures and requirements of section 12-311.
(c) An applicant may seek relief from the strict application of this section by submitting
' an application to the director setting forth specific reasons as to why accommodation
over and above this section is necessary under state and federal laws, pursuant to
section 13-200.62.
Sec. 13-323. — Conditional use permit required for group homes, residential care
facilities and drug and alcohol treatment facilities in the R2 -MD, R2 -HD and R3
residential zones and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and PDI
(planned development zones) with seven or more occupants.
A conditional use permit shall be required for and may be granted to allow the
operation of a group home, state licensed residential care facility or state licensed drug
and alcohol treatment facility with seven (7) or more occupants in the R2 -MD, R2 -HD
and R3 residential zones and the PDR -LD, PDR -MD, PDR -HD, PDR -NCM, PDC, and
PDI (planned development zones) zones subject to the following conditions:
(a) The requirements of Chapter III Planning applications have been met.
(b) The group home, residential care facility or state licensed drug and alcohol
treatment facility is at least six -hundred fifty (650) feet from any property, as defined
in section 13-321, that contains a group home, sober living home or state licensed
drug and alcohol treatment facility, as measured from the property line, unless the
reviewing authority determines that such location will not result in an over -
concentration of similar uses.
Ordinance No. 17-05 Page 12 of 14
' (c) The applicant obtains an operator's permit as required by Article 23, Chapter 2 of
Title 9 except that this requirement shall not apply to any state licensed residential
care facility or state licensed drug and alcohol treatment facility.
(d) The findings for granting a conditional use permit in accordance with subsection
13-29(g) are met.
Section 4: Retroactive effect. To the fullest extent allowed by law, the requirements of
this Ordinance set forth in Section 2, section 13-311(a), and Section 3, section 13-322(a),
herein, are intended to apply to each and every group home and/or sober living home
located in the City, including those that have applied for and/or received a special use
permit prior to the effective date of this Ordinance.
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 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 7: 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.
Ordinance No. 17-05 Page 13 of 14
PASSED AND ADOPTED this 2nd day of May, 2017.
[A
Katrin Foley, ayor
ATTEST:
Brenda Gree City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
z "W
Thomas wart , City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 17-05 was duly introduced for first reading
' at a regular meeting of the City Council held on the 181' day of April, 2017, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 2nd day of May, 2017, by the following roll call vote, to wit:
1
AYES: COUNCIL MEMBERS: STEPHENS, GENIS, FOLEY
NOES: COUNCIL MEMBERS: MANSOOR, RIGHEIMER
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3r' day of May, 2017.
BRENDA GREUN, CITY CLERK
Ordinance No. 17-05 Page 14 of 14