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Costa Mesa City Zoning Code

CHAPTER XVI

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

§ 13-320 Purpose.

This chapter is intended to preserve the residential character the City of Costa Mesa's residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things:
(a) 
Ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Costa Mesa Municipal Code and not simply skirting the city's boarding house regulations;
(b) 
Limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate off-street parking;
(c) 
Providing an accommodation for the handicapped that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling unit in a residential neighborhood; and
(d) 
To provide comfortable living environments that will enhance the opportunity for the handicapped, including recovering addicts to be successful in their programs.
(Ord. No. 15-11, § 2, 11-17-15)

§ 13-321 Definitions.

Property.
For purposes of this chapter, "property" is defined as any single development lot that has been subdivided bearing its own assessor's parcel number or with an approved subdivision map or condominium map.
(Ord. No. 15-11, § 2, 11-17-15)

§ 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.
(b) 
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 13-311.
(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.
(Ord. No. 15-11, § 2, 11-17-15; Ord. No. 17-05, § 3, 5-2-17)

§ 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 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, of this title have been met.
(b) 
The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least 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.
(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.
(Ord. No. 15-11, § 2, 11-17-15; Ord. No. 17-05, § 3, 5-2-17)

§ 13-324 Compliance.

(a) 
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 that are in existence upon the effective date of this section may continue to operate subject to the following:
(1) 
A complete application for a special use permit is filed within 90 days of the effective date of this chapter; and
(2) 
The group home is in full compliance with all of the conditions of this chapter within one year of its effective date. Notwithstanding the foregoing, existing group homes obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional years grace period pursuant to planning division approval.
(b) 
Group homes, state licensed residential care facilities and state licensed 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 that are in existence upon the effective date of this chapter may continue to operate subject to the following:
(1) 
The operator of a group home obtains an operator's permit pursuant to section 9-372 et seq., within 120 days from the effective date of this chapter; and
(2) 
The group home, state licensed residential care facility and/or state licensed drug and alcohol treatment facility is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this chapter. Notwithstanding the foregoing, an existing group home, state licensed residential care facility and/or state licensed drug and alcohol treatment facility obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional years grace period pursuant to planning division approval.
(Ord. No. 15-11, § 2, 11-17-15)

§ 13-325 Severability.

Should any section, subsection, clause, or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being hereby expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This chapter shall be prospective in application from its effective date.
(Ord. No. 15-11, § 2, 11-17-15)