89. Lumber and
building materials
dealers, (wholesale)
• • • • • • • • • • P P • • • • • P • • • •
90. Manufac-turing:
Light EXCEPT the
following which are
prohibited:
• Manufacture of
fertilizer
• Manufacture of
products involving
the use of
explosives
• Manufacture of
rubber (including
tires), steel
• • • • • • • • • • P
2 P2
• • • • • P
2 • • • •
ZONES
LAND USES R1 R2-MD
R2-
HD R3 AP CL C1 C2
C1-
S
1 TC1 MG MP
PDRLD1PDRMD1PDRHD1PDRNCM1 PDC1 PDI1
I&R1
I&RS
1 I&RM
LT
1 P
91. Manufac-turing
of chemical
products, paints,
pharmaceuticals,
and plastics
• • • • • • • • • • C
2 C
2 • • • • • C
2 • • • •
92. Manufac-turing
of stone, clay, glass
and concrete
products
EXCEPT the
following which are
prohibited:
• Manufacture of
flat glass
• Manufacture of
cement and
structural clay
products
• Manufacture of
concrete, gypsum
and plaster products
• Manufacture of
abrasive and
asbestos products
• Manufacture of
nonclay refractories
• • • • • • • • • • P
2 P2 • • • • • P2 • • • •
CityCode 54
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and crucibles
• Processing and
preparation of clay,
ceramic and
refractory minerals
93. Manufac-turing
or processing of
foods and
beverages
EXCEPT the
following which are
prohibited:
• Meat and poultry
packing plants
• Grain mills
• Sugar refining
• Fats and oils
processing mills
• Seafood
canneries and
packaging
(See also
Breweries;
Distilleries; Coffee
roasting)
• • • • • • • • • • P
2 P2
• • • • • P
2 • • • •
94. Massage—See
also Acupressure
(subject to the
requirements of
title 9, chapter II,
article 22, massage
establishments and
practitioners)
• • • • P
2 P2 P2 P2 P2 P2
• • • • • • P
2 • • • • •
95. Medical
laboratories
• • • • MC MC P P P P MC MC • • • • MC MC • • • •
ZONES
LAND USES R1 R2-MD
R2-
HD R3 AP CL C1 C2
C1-
S
1 TC1 MG MP
PDRLD1PDRMD1PDRHD1PDRNCM1 PDC1 PDI1
I&R1
I&RS
1 I&RM
LT
1 P
96. Metal
fabrication,
welding, foundry,
die casting (subject
to subsection 13-
54(a), performance
standards)
• • • • • • • • • • P
2 P2
• • • • • • • • • •
97. Motels—
(Subject to
requirements of
chapter IX, article
8, motels)
• • • • • • C
2 C2 • • • • • • • • • • • • • •
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Excluding Hotels
listed separately
98. Motion picture
and television
studios
• • • • C C C C • • P P • • • • P P • • • •
99. Motion picture
theaters and other
theaters not within
two hundred (200)
feet of residential
zones
• • • • • • P P P P • • • • • • P • • • • •
100. Motion picture
theaters and other
theaters within two
hundred (200) feet
of residential zones
• • • • • • C C C C • • • • • • C • • • • •
101. Motor oil,
used—Collection
facility (subject to
the requirements of
chapter IX, article
9, off-site
hazardous waste
facilities)
• • • • • • P
2 P2 P2
• P
2 P2
• • • • P
2 P2 P2 P2
• •
102. Motor vehicle,
boat, and
motorcycle retail
sales, leasing,
rentals and service
with two (2) or
more outdoor
display parking
spaces
• • • • • • C C C C C C • • • • C C • • • •
103. Motor vehicle,
boat, and
motorcycle retail
sales, leasing, and
rentals with one (1)
or less outdoor
display parking
space and no
service (subject to
verification of
parking
availability)
• • • • • • P P P P P P • • • • P P • • • •
ZONES
LAND USES R1 R2-MD
R2-
HD R3 AP CL C1 C2
C1-
S
1 TC1 MG MP
PDRLD1PDRMD1PDRHD1PDRNCM1 PDC1 PDI1
I&R1
I&RS
1 I&RM
LT
1 P
104. Motor vehicle
service stations
• • • • • • C C C • • • • • • • C • • • • •
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105. Motor vehicle
service stations
with concurrent
sale of alcoholic
beverages (subject
to requirements of
chapter IX, article
3, concurrent sale
of alcoholic
beverages and
motor vehicle fuel)
• • • • • • C
2 C2 C2
• • • • • • • C
2 • • • • •
106. Motor vehicle;
boat; and
motorcycle repair
services (including
body and paint
work), not within
two hundred (200)
feet of residential
zone (subject to
subsection 13-
54(b))
• • • • • • P P P • P P • • • • P P • • • •
107. Motor vehicle;
boat; and
motorcycle repair
services (including
body and paint
work), within two
hundred (200) feet
of residential zone
(subject to
subsection 13-
54(b))
• • • • • • C C C • C C • • • • C C • • • •
108. Nurseries
(retail with no bulk
fertilizer)
• • • • • C C P P • C C • • • • • • • • • •
109. Offices:
central
administrative
• • • • P P P P P P P P • • • • P P • • • •
110. Offices:
engineering;
architectural; and
surveying services;
management;
consulting and
public relations
• • • • P P P P P P P P • MC MC MC P P • • • •
111. Offices:
general
• • • • P P P P P P MC MC • MC MC MC P P • • • •
112. Reserved
113. Offices: • • • • P P P P P P • • • MC MC MC P MC MC • • • CityCode 57
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medical and dental
114. Offices:
services to
businesses such as
bookkeeping and
data processing
• • • • P P P P P P P P • • • • P P • • • •
ZONES
LAND USES R1 R2-MD
R2-
HD R3 AP CL C1 C2
C1-
S
1 TC1 MG MP
PDRLD1PDRMD1PDRHD1PDRNCM1 PDC1 PDI1
I&R1
I&RS
1 I&RM
LT
1 P
115. Off-street
parking lots and
structures including
related maintenance
buildings
• • • • C C C C C P C C • • • C C C C C • P
116. Off-street
parking lots and
structures,
incidental uses
within
• • • • MC MC MC MC MC MC MC MC • • • MC MC MC MC MC • MC 117. Oil fields; oil
wells (see chapter
XIV, oil drilling)
• • • • • • • • • • • • • • • • • • • • • •
118. Pawn shops • • • • • C C C C • • • • • • • • • • • • • 119. Photocopying; blueprinting
and related services
• • • • • P P P P P P P • • • • P P • • • •
120. Photofinishing laboratories
• • • • • • • • • • P P • • • • • P • • • •
121. Photofinishing stores
• • • • • P P P P P • • • • • • P P • • • •
122. Photography:
Commercial
• • • • P P P P P P MC MC • • • • P MC • • • •
123. Photography:
portrait studio
• • • • P P P P P P • • • • • • P MC • • • •
124. Physical
fitness facilities
• • • • • • C C C C C C • • • • C C • • • •
125. Printing and
publishing
• • • • • • MC P MC MC P P • • • • P P • • • •
126. Recording
studios
• • • • • • MC MC MC • MC MC • • • • MC MC • • • •
127. Recycling and
collection facilities
for nonhazardous
materials
• • • • • MC MC MC MC • MC MC • • • • MC MC MC MC • •
128 Research and
development
• • • • C C C P C C P P • • • • • P • • •
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laboratories—Other
than cannabis
and/or marijuana
testing laboratories
129. Restau-rants—
See Establishments
where food or
beverages are
served
130. Retail: general
—Excluding
antique malls, pawn
shops,
supermarkets,
grocery stores,
convenience stores;
and liquor stores
listed separately
• • • • • P P P P P • • • P P P P P • • • •
131. Retail,
incidental sales to
the main use
(subject to the
requirements of
section 13-54(a),
incidental retail
sales
• • • • P P P P P P P
2 P2
• P P P P P
2 • • • •
ZONES
LAND USES R1 R2-MD
R2-
HD R3 AP CL C1 C2
C1-
S
1 TC1 MG MP
PDRLD1PDRMD1PDRHD1PDRNCM1 PDC1 PDI1
I&R1
I&RS
1 I&RM
LT
1 P
132. Retail:
nonstore
• • • • P P P P P P P P • P P P P P • • • •
133. Rifle, pistol,
and firing ranges
• • • • • • • • • • C C • • • • • • C • • •
134. Sexuallyoriented businesses
(subject to the
requirements of
title 9, chapter IV
and title 13, chapter
IX, sexuallyoriented
businesses)
• • • • • P
2 P2 P2 P2
• • • • • • • P
2 • • • • •
135. Skating rinks • • • • • • C C C C C C • • • C C C C C • • 135a. Smoking
lounge (subject to
chapter IX, article
19, smoking and
vaping uses)
• • • • • • • • C
2 • • P
2 • • • • C
2 • • • • •
135b. Smoking/ • • • • • P
2 P2 P2 P2 P2 • • • P2 P2 P2 P2 P2 • • • •
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vaping retailer
(subject to chapter
IX, article 19,
smoking and
vaping uses)
136. Storage of
chemicals and
allied products
(except as
incidental use)
• • • • • • • • • • • • • • • • • • • • • •
137. Storage of
explosives
• • • • • • • • • • • • • • • • • • • • • •
138. Storage of
fertilizer
• • • • • • • • • • C C • • • • • • • • • •
139. Storage of
motor vehicles—
Outdoor (not
including impound
yard)
• • • • • • C C C • MC MC • • • • C MC • • • •
139a. Storage of
motor vehicles—
Indoor only (not
including impound
yard)
• • • • • • P P P • P P • • • • P P • • • •
140. Storage of
petroleum and coal
products
• • • • • • • • • • • • • • • • • • • • • •
141. Storage of
rock, sand, crushed
aggregate and
gravel
• • • • • • • • • • C C • • • • • • • • • •
142. Studios:
dance; martial arts;
music, etc.
• • • • • • P P P MC MC MC • MC MC MC P MC • • • •
143. Supermarkets
—See also Grocery
stores
• • • • • • P P P P • • • MC MC MC MC • • • • •
144. Tattoo parlors • • • • • • C C C • • • • • • • C • • • • • ZONES
LAND USES R1
R2-
MD
R2-
HD R3 AP CL C1 C2
C1-
S
1 TC1 MG MP
PDRLD1PDRMD1PDRHD1PDRNCM1 PDC1 PDI1
I&R1
I&RS
1 I&RM
LT
1 P
145. Tire sales and
installation not
within two hundred
(200) feet of
residential zone
• • • • • • P P P • P P • • • • P P • • • •
146. Tire sales and
installation within
• • • • • • MC MC MC • MC MC • • • • MC MC • • • •
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two hundred (200)
feet of residential
zone
147. Tow
companies with or
without impound
yard
• • • • • • C C C • MC MC • • • • • MC • • • •
148. Transfer
station for refuse,
sewage treatment
• • • • • • • • • • C C • • • • • C C • • •
149. Trucking:
local and long
distance
• • • • • • • C • • P P • • • • • C • • • •
150. Ware-houses,
mini
(subject to the
requirements of
chapter IX, article
7, miniwarehouses)
• • • • • • C
2 C2 C2
• MC2 MC2• • • • • MC2• • • •
151. Ware-houses,
public
• • • • • • C C C • P P • • • • • P • • • •
152. Warehous-ing
of durable and
nondurable goods
except livestock
and poultry—See
also Storage
• • • • • • • • • • P P • • • • • P • • • •
153. Wholesale
trade of motor
vehicles, boats and
motorcycles with
outdoor storage of
vehicles
• • • • • • C C C C C C • • • • C C • • • •
154. Wholesale
trade of motor
vehicles, boats and
motorcycles
without outdoor
storage of vehicles
• • • • • MC MC P P P P P • P P P P P • • • •
155. Wholesale
trade of durable,
nondurable goods,
except livestock,
poultry and
perishable goods
• • • • • MC MC P P P P P • P P P P P • • • •
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. Residential uses shall not be permitted on any site or parcel of land on which residential uses are expressly prohibited by the general plan. 2 This use is subject to the requirements of the referenced Municipal Code article or section.
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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; and S—Special Use Permit. 5 Six-hundred--fifty-foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311(a)(10)(i).
6 Subject to the separation requirement set forth in sections 13-322(a)(3) and 13-323(b). 7 Small boardinghouses shall locate at least six hundred fifty (650) feet from any other small boardinghouse. Large boardinghouses shall be located at least one thousand (1,000) feet away from any other boardinghouse. 8 Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone. 9 Prohibited at the SoCo property, 3303 through 3323 Hyland Ave. 10 Emergency shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a permitted use and the standards in section 13-200.79(1), (2), (4), (8), (10) and (13) do not apply to such uses. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 2, 2-2-98; Ord. No. 98-5, § 8, 3-2-98; Ord. No. 00-5, § 1(b), 3-20-00; Ord.
No. 01-1, § 1, 1-15-01; Ord. No. 01-30, § 1a(Att. A), 1-7-02; Ord. No. 02-4, § 1b(Att. A), 3-18-02; Ord. No. 02-12, § 1c, 6-17-02; Ord. No. 05-2, § 1f.(Att. A), 2-22-05; Ord. No. 05-11, § 2b., 7-19-05; Ord. No. 06-2, § 1a., 2-7-06; Ord. No. 06- 9, § 1d., 4-18-06; Ord. No. 06-18, § 1b., 9-5-06; Ord. No. 07-2, § 1d., 2-6-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13- 1, § 2B., 3-19-13; Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 14-13, 10-21-14; Ord. No. 15-06, §§ 1—3, 7-7-15; Ord. No. 15-10, § 2B, 9-15-15; Ord. No. 15-11, §§ 3—5, 11-17-15; Ord. No. 16-01, § 4, 1-19-16; Ord. No. 16-09, §§ 4, 5(Exh. A), 10-4-16; Ord. No. 16-13, § 2, 11-15-16; Ord. No. 16-15, § 5, 11-8-16; Ord. No. 18-03, § 3, 1-16-18; Ord. No. 18-04, § 3, 4-3-18; Ord. No. 19-13, § 3, 9-3-19; Ord. No. 19-15, § 1, 9-17-19; Ord. No. 21-03, § 4, 3-2-21) View the mobile version.
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Costa Mesa Municipal Code
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TITLE 13 PLANNING, ZONING AND DEVELOPMENT
CHAPTER IX. SPECIAL LAND USE REGULATIONS
ARTICLE 15. REASONABLE ACCOMMODATIONS
13-200.60. Purpose.
It is the city’s policy to provide reasonable accommodation in accordance with federal and state fair housing laws (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” 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 laws. 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. (Ord. No. 14-13, § 3, 10-21-2014)
13-200.61. Applicability.
Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, 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. (Ord. No. 14-13, § 3, 10-21-2014) 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 or more individuals with a disability; or (c) a developer or provider of housing for one 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 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) of this section 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 CityCode 63
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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 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 or more individuals with a disability protected under the fair housing laws.
(2) The requested accommodation is necessary to provide one 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, not just 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. (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) Whether the 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.
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(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. (Ord. No. 14-13, § 3, 10-21-2014; Ord. No. 17-05, § 1, 5-2-17) 13-200.63. Severability.
Should any section, subsection, clause, or provision of this article 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 article; it being hereby expressly declared that this article, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This article shall be prospective in application from its effective date. (Ord. No. 14-13, § 3, 10-21-2014) View the mobile version.
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5/9/2021 CHAPTER X. NONCONFORMING USES, DEVELOPMENTS AND LOTS qcode.us/codes/costamesa/?view=desktop 1/8
Costa Mesa Municipal Code
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TITLE 13 PLANNING, ZONING AND DEVELOPMENT
CHAPTER X. NONCONFORMING USES, DEVELOPMENTS AND LOTS
13-201. Purpose.
The purpose of this chapter is to identify the development parameters regarding nonconforming uses, developments and lots. (Ord. No. 97-11, § 2, 5-5-97)
13-202. Definitions.
The following terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning:
Conforming use. An existing and legally established use which is permitted in a particular zone by this Zoning Code.
Conforming development. An existing and legally established development which conforms to the development standards required by this Zoning Code.
Nonconforming development. An existing and legally established development which no longer conforms to the development standards required by this Zoning Code.
Nonconforming dwelling unit. An existing and legally established dwelling unit which no longer conforms to the development standards required by this Zoning Code or which is located in a district where it is no longer permitted.
Nonconforming lot. An existing and legally established lot not complying with the minimum area and dimension standards required by this Zoning Code.
Nonconforming mobile home park. An existing and legally established mobile home park which no longer conforms to the development standards or location provisions required by this Zoning Code.
Nonconforming use. An existing and legally established use which is located in a district where it is no longer permitted by this Zoning Code.
Nonconforming use of land or of land with minor structures only. An existing and legally established use which is located in a district where it is no longer permitted by this Zoning Code and where such use involves no individual structure with a replacement cost exceeding five thousand dollars ($5,000.00). (Ord. No. 97-11, § 2, 5-5-97) 13-203. Maintenance and repair.
(a) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe, except as noted in subsection (b), by order of any official charged with protecting the public safety, nor shall it prevent alterations necessary for compliance with requirements of other governmental agencies.
(b) If a nonconforming development or portion of a development containing a nonconforming use becomes physically unsafe or unlawful because of lack of repairs or maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be re stored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. (Ord. No. 97-11, § 2, 5-5-97) 13-204. Nonconforming provisions.
The following table identifies the provisions governing nonconforming uses and/or developments:
TABLE 13-204
NONCONFORMING PROVISIONS—USES
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TYPE OF USE CONTINUANCE OF A USE
PERMITTED
CHANGE OF USE PERMITTED
Conforming Use in a Nonconforming
Development
YES—No restrictions on use. YES—Exception: If the development has less parking than required for the
existing conforming use, the existing
use may not be replaced with a use
requiring more parking unless the
additional parking required for the new
use is provided. Other uses on the same
site may continue with the existing
nonconforming parking.
Nonconforming Use in a Conforming
or Nonconforming Structure:
Nonresidential Structures YES—However, when a nonconforming use is discontinued or abandoned for 6
consecutive months or for 18
nonconsecutive months during any threeyear period (except when government action impedes access to the premises) or
when it is replaced for any time period
by a conforming use, the development
shall not thereafter be used except in
conformity with the regulations of the
district in which it is located. For
purposes of this chapter, a discontinued
use shall not require a determination of
the voluntary or involuntary nature of the
discontinuance or the intent to resume
the nonconforming use.
YES—Any nonconforming use may be
changed to another nonconforming use
provided that the development services
director finds that the proposed use is
equally appropriate or more appropriate
to the district than the existing
nonconforming use. In permitting such
a change, the development services
director may require appropriate
conditions and safeguards in
accordance with the provisions of this
Zoning Code and/or may require
reasonable alterations to the premises
to bring them into greater conformance
with the requirements for the district.
Structural alterations, conforming to
the provisions of this Zoning Code,
may be approved by the development
services director provided that it is
determined that the proposed
alterations do not extend the life of the
nonconforming use.
Residential Structures YES—However, when a nonconforming use is discontinued or abandoned for any
period of time, it may not be
reestablished. All subsequent uses in the
residential structure shall conform to this
Zoning Code.
YES—However, only to a use
conforming to the provisions of this
Zoning Code.
Nonconforming Mobile Home Parks YES—A nonconforming mobile home park may continue unless and until no
one resides onsite for a continuous period
of 6 months.
YES—However, the conversion is
subject to the procedures for Mobile
Home Park Conversions in Chapter III
Planning Applications.
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TYPE OF USE CONTINUANCE OF A USE
PERMITTED
CHANGE OF USE PERMITTED
Nonconforming Use of Land or Land
with Minor Structures only
1. Legally established agricultural uses
may continue until the land is developed.
2. If the use is discontinued or abandoned
for any period of time, all subsequent
uses shall conform to this Zoning Code.
3. No nonconforming use shall be
enlarged or increased, nor extended to
occupy a greater area of land than was
occupied at the time it became
nonconforming.
4. No nonconforming use shall be moved
in whole or in part to any portion of the
lot other than that occupied by such use
at the time the use became
nonconforming.
YES—However, only to a use
conforming to the provisions of this
Zoning Code.
TABLE 13-204
NONCONFORMING PROVISIONS—DEVELOPMENTS
TYPE OF DEVELOPMENT ALTERATION OF DEVELOPMENT REBUILDING AFTER
DESTRUCTION
All Nonresidential
Developments containing
Nonconforming Uses
No existing development devoted to a
nonconforming use shall be structurally altered
except in changing the use of the development
to a conforming use. Except that structural
alterations, conforming to the provisions of this
Zoning Code, may be approved by the
development services director provided that it is
determined that the proposed alterations do not
extend the life of the nonconforming use.
Ordinary maintenance shall be permitted.
The following provisions shall apply to
the reconstruction of legal
nonconforming commercial, industrial
and institutional developments. Any
reconstruction allowed must be 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.
1. Should a nonconforming
commercial, institutional or industrial
development or nonconforming portion
of a commercial, institutional or
industrial development be destroyed to
an extent of more than 50 percent of
the market value, it shall not be
reconstructed unless such destruction is
unintentional.
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TYPE OF DEVELOPMENT ALTERATION OF DEVELOPMENT REBUILDING AFTER
DESTRUCTION
In the case of unintentional destruction,
the development may be restored to its
original building intensity (floor area
ratio) and use provided that:
a. The rebuilding complies with all
other applicable sections of this Zoning
Code and other codes including but not
limited to the following development
standards: building setback, lot
coverage, building height, parking,
open space and landscaping.
b. The rebuilding would not increase
the development's nonconformity.
2. Should a nonconforming
commercial, institutional or industrial
development or nonconforming portion
of a commercial, institutional or
industrial development be
unintentionally destroyed by any means
to an extent of 50 percent or less of the
market value, the structure may be
restored and the occupancy or use of
such structure or part thereof may be
continued or resumed provided that the
restoration is of an equal or lesser
degree of nonconformity.
Nonconforming Nonresidential
Developments containing
Conforming Uses
Alterations may be made provided that all of the
following criteria are met:
1. The alteration itself complies with all
applicable sections of this Zoning Code and
other codes;
2. In permitting such an alteration, the
development services director may require
appropriate conditions and safeguards in
accordance with the provisions of this Zoning
Code and/or may require reasonable alterations
to the development to bring it into greater
conformance with the standards for the district;
and
3. The development will not be made more
nonconforming.
Nonconforming Use of Land or
Land with Minor Structures
only
No nonconforming structure shall be erected or
altered in connection with the nonconforming
use of land.
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TYPE OF DEVELOPMENT ALTERATION OF DEVELOPMENT REBUILDING AFTER
DESTRUCTION
Nonconforming Dwelling
Units containing Conforming
Uses
Alterations may be made to nonconforming
dwelling units provided the following criteria
are met:
1. The zone is residential;
2. The alteration or addition itself complies
with all applicable sections of this Zoning Code
and other codes;
3. The addition does not occupy the only
portion of an area which can be used for
required garages, parking spaces or access
thereto; and
4. The residential development will not be
made more nonconforming.
5. When the existing main building, excluding
architectural features, projects into required
setback areas, minor building additions may
encroach into required setback areas with
approval of a minor modification.
The following provisions shall apply to
the reconstruction of legal
nonconforming dwelling units. Any
reconstruction allowed must be 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.
1. If the unit(s) in any residential zone
is/are destroyed unintentionally by any
means, to any extent, the damage may
be restored and the occupancy
continued or resumed provided that the
restoration is of an equal or lesser
degree of nonconformity.
2. See section 13-205 regarding
provisions for rebuilding after
voluntary destruction in multi-family
zones.
3. Should a legally constructed
dwelling unit in a commercial or
industrial zone be destroyed by any
means to an extent of more than 50
percent of the market value, it shall not
be reconstructed.
4. Should a legally constructed
dwelling unit in a commercial or
industrial zone be unintentionally
destroyed by any means to an extent of
50 percent or less of the market value,
the structure may be restored and the
occupancy or use of such structure or
part thereof may be continued or
resumed provided that the restoration is
of an equal or lesser degree of
nonconformity.
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TYPE OF DEVELOPMENT ALTERATION OF DEVELOPMENT REBUILDING AFTER
DESTRUCTION
Nonconforming or Conforming
Dwelling Units containing
Nonconforming Uses
1. No existing development devoted to a
nonconforming use shall be structurally altered
except in changing the use of the development
to a conforming use. Except that structural
alterations, conforming to the provisions of this
Zoning Code, may be approved by the
development services director provided that it is
determined that the proposed alterations do not
extend the life of the nonconforming use.
Ordinary maintenance shall be permitted.
2. In nonconforming mobile home parks,
existing mobile homes may be replaced by other
mobile homes provided that the total number of
units within the mobile home park is not
increased and the mobile home park will not be
made more nonconforming in respect to this
Zoning Code.
Nonconforming Mobile Home
Parks
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 28, 3-2-98) 13-205. Provisions for multi-family zones for rebuilding after voluntary destruction. (a) If units in the R2-MD, R2-HD, R3 or PDR zones are voluntarily demolished, an equal or lesser number of units may be rebuilt so long as the development complies with all other applicable sections of this Zoning Code and other codes. This includes but is not limited to the following development standards: building setback, lot coverage, building height, parking, open space and landscaping. Furthermore, the allowable density or number of units to be redeveloped shall be limited to the general plan rebuilding incentive for the current land use designation. The resulting number of units shall not exceed the existing number of legal nonconforming units nor be more than the number of units that would have been allowed on March 15, 1992. The rebuilding shall not increase the development’s nonconformity.
(b) Consideration may be given through the master plan process, to allow rebuilding of existing multiple-family residential projects that do not fully meet all the other applicable sections of this Zoning Code and other code standards. Consideration shall be given to the provision of tandem parking for units requiring more than one dedicated parking space and for cantilevered second story living areas over drive or yard areas. Through the master plan process, the rebuilding project must demonstrate why strict compliance with each of the current standards is either infeasible or unnecessary. In exchange for any deviation from current standards, the project must provide additional amenities such as those listed below:
(1) Provision of garages instead of carports for greater security. (2) Useable open space with amenities.
(3) Flower beds and adequate lawns of sufficient area to create a useable recreation area. (4) Individual vegetable garden areas screened by hedges. (5) Masonry planters, potted flowers and shrubs on decks and balcony flower boxes. (6) Trellises with vines.
(7) Minimum size trees based on box size rather than gallons such that thirty (30) percent or more of the trees are a minimum twenty-four-inch box size.
(8) CC&Rs to ensure landscape maintenance.
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(9) On-site manager for projects of fifteen (15) units or less. (10) Awnings, especially along the front for color and product definition, and a better facade. (11) Stamped concrete or decorative at entrances and critical driveway intersections. (12) Meandering rather than straight sidewalks.
(13) Terraced elevations at all sides to reduce scale and massing. (14) Upgraded windows and doors for noise reduction.
(15) Covered/screened dumpsters for projects of four (4) units or less. (16) Concrete slab where the trash truck would stop to compact trash to prevent damage, or contract for rolloff service so that the trash truck does not come on-site. (17) Orientation of units away from the street toward interior courtyards. (18) Adequate lighting for security (beyond parking and driveway lighting required by code). (19) Gates and intercom system for security.
(20) Other amenities that enhance the project and the overall neighborhood. (c) In reviewing the master plan, the planning commission shall decide if the degree of deviation is warranted, if the proposed amenities are sufficient to offset the deviation, and if the maximum allowable density shall be reduced due to the deviation.
(d) The master plan shall be processed as shown in Chapter III, Planning Applications. (e) Findings. The findings necessary to grant the master plan are:
(1) Full compliance with current development standards would make rebuilding infeasible; (2) The proposed rebuilding is substantially compatible with surrounding developments and would not be materially detrimental to other properties in the area; (3) The proposed rebuilding is less nonconforming than the existing development; and (4) The proposed rebuilding provides additional amenities that ensure a high quality development. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 29, 3-2-98; Ord. No. 05-3, § 1h., 2-7-05) 13-206. Nonconforming fences and walls.
Nonconforming fences or walls may remain unless destroyed, damaged or altered (by any means or cause) to the extent of more than fifty (50) percent of its value. When the destruction, damage or alteration exceeds fifty (50) percent of its value then the reconstruction shall conform to the Zoning Code. (Ord. No. 97-11, § 2, 5-5-97) 13-207. Nonconforming lots.
(a) Uses permitted in the zone shall be permitted on nonconforming lots, subject to all other property development standards of the zone.
(b) When two (2) or more contiguous nonconforming lots or portions of lots are held under common ownership, they shall be deemed merged when and as provided for in the Subdivision Map Act (State Government Code Sections 66410 to 66499.58). (Ord. No. 97-11, § 2, 5-5-97) 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. (Ord. No. 00-5, § 1(f), 3-20-00) CityCode 72
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Costa Mesa Municipal Code
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TITLE 13 PLANNING, ZONING AND DEVELOPMENT
CHAPTER XV. GROUP HOMES
13-310. Purpose.
This chapter is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) 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; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) 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 single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the handicapped and for recovering addicts to be successful in their programs. (Ord. No. 14-13, § 2, 10-21-2014) 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, firm 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 therefor; 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;
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 x. 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.
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(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 (24) 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 forty-eight (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 occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. 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 paragraphs ii and iii of this subsection (a)(10) and any other treatment 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 paragraphs i through iv of this subsection (a)(10) 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:
i. 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;
ii. 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) of this section; 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 care information. The group home operator may not satisfy the obligations set forth in subsection (a)(11) of this section 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.
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(14) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. 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 nonprescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a 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.
vi. 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) of this section. 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 five hundred (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) of this section. 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, 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:
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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 subsections (a)(10) through (13).
(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to section 13-200.62. (Ord. No. 14-13, § 2, 10-21-14; Ord. No. 17-05, § 2, 5-2-17)
13-312. Compliance.
(a) Existing group homes must apply for a special use permit within ninety (90) days of the effective date of this chapter.
(b) Group homes that are in existence upon the effective date of this chapter shall have one (1) year from the effective date of this chapter to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six-resident maximum. (c) Existing group homes obligated by a written lease exceeding one (1) year from the effective date of the ordinance, 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 (1) additional years grace period pursuant to planning division approval. (Ord. No. 14-13, § 2, 10-21-2014) 13-313. 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 Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one (1) 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. 14-13, § 2, 10-21-2014) CityCode 77
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Costa Mesa Municipal Code
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TITLE 13 PLANNING, ZONING AND DEVELOPMENT
CHAPTER XVI. GROUP HOMES IN THE R2-MD, R2-HD AND R3 RESIDENTIAL ZONES AND THE PDR-LD, PDRMD, 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 (6) 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 (6) 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 six hundred fifty (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) w
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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, of this title have been met. (b) The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least sixhundred 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. (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, PDRNCM, PDC, and PDI (planned development zones) zones with six (6) 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 (1) year of its effective date. Notwithstanding the foregoing, existing group homes obligated by a written lease exceeding one (1) 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 (1) 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 (7) 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 one hundred twenty (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 (1) 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 (1) 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 (1) 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) CityCode 80
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View the mobile version.
CityCode 81
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5/9/2021 ARTICLE 23. GROUP HOMES
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Costa Mesa Municipal Code
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TITLE 9 LICENSES AND BUSINESS REGULATIONS
CHAPTER II. REGULATION OF CERTAIN BUSINESSES
ARTICLE 23. GROUP HOMES
9-370. Definitions.
The definitions set forth in Title 13 of this Code shall apply to the provisions of this article unless otherwise provided for herein. (Ord. No. 15-13, § 1, 11-17-15)
9-371. Zoning requirements.
In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Chapter XVI of Title 13 of this Code. (Ord. No. 15-13, § 1, 11-17-15) 9-372. Operator’s permit required.
It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the R2-MD, R2-HD, R3, PDR-LD, PDR-MD and/or PDR-HD zone, without a valid permit issued for that group home pursuant to the provisions of this article. (Ord. No. 15-13, § 1, 11-17-15) 9-373. Exceptions.
The requirements of this article shall not apply to:
(a) A group home that has six (6) or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Chapters XV and XVI of Title 13 of this Code; (b) A state licensed alcoholism or drug abuse recovery or treatment facility; or (c) A state licensed residential care facility. (Ord. No. 15-13, § 1, 11-17-15) 9-374. Requirements for issuance of operator’s permit.
(a) The owner/operator shall submit an application to the director that provides the following information:
(1) The name, address, phone number and driver’s license number of the owner/operator; (2) If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
i. Every general partner of the partnership;
ii. Every owner with a controlling interest in the corporation; and iii. 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.
(3) 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 therefor; (4) The name, address, phone number and driver’s license number of the house manager; (5) A copy of the group home rules and regulations;
(6) Written intake procedures;
(7) The relapse policy;
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(8) 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; (9) Blank copies of all forms that all residents and potential residents are required to complete; and (10) A fee for the cost of processing of the application as set by resolution of the city council. (b) Requirements for operation of group homes.
(1) 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 (24) hour basis and who are responsible for the day-to-day operation of the group home.
(2) 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. (3) 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.
(4) 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. (5) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.
(6) At least forty-eight (48) hours prior to 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 or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. Notify the city’s Network for Homeless Solutions that an occupant is no longer a resident at the home, determine the services available therefrom; and
iv. Provide the information obtained from paragraphs ii and iii of this subsection (b)(6) and any other treatment 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 paragraphs i though iv of this subsection (b)(6) as soon as possible. (7) Prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. 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;
ii. 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. (8) 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)(6) and (a) (7) of this section; 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 care information. The group home operator may not satisfy the obligations set forth in subsection (a)(7) by providing remuneration to the occupant for the cost of transportation.
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(9) 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. (10) The property must be fully in compliance with all building codes, municipal code and zoning. (11) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. 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. ii. The sober living home’s rules and regulations must prohibit the use of any alcohol or any nonprescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a 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.
iii. 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. iv. 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.
v. 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.
vi. 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. (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 Article 15 of Chapter IX of Title 13 of this Code. (d) The operator’s permit shall be issued by the director if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections (a) and (b) above. (e) In addition to denying an application for failing to comply, or failing to agree to comply, with subsections (a) and/or (b) of this section, an operator’s permit shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following circumstances:
(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, 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);
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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 disabled or handicapped as defined by the FHAA and FEHA.
(6) An operator’s permit for a sober living home shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances:
i. 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. ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. (Ord. No. 15-13, § 1, 11-17-15; Ord. 17-06, § 1, 5-2-17) 9-375. Transfer of operator’s permit.
(a) An operator’s permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the director pursuant to the requirements of section 9-374. (b) An operator’s permit may not be transferred to any other person or entity. No operator’s permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein. (Ord. No. 15-13, § 1, 11-17-15) 9-376. Revocation of operator’s permit.
An operator’s permit may be revoked upon a hearing by the director pursuant to section 9-120 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 9-374. (Ord. No. 15-13, § 1, 11-17-15)
9-377. Reapplication after denial or revocation.
(a) An applicant for an operator’s permit whose application for such an operator’s permit has been denied may not reapply for such an operator’s permit for a period of six (6) months from the date such notice of denial was issued. (b) A holder of an operator’s permit that has been cancelled, revoked or otherwise invalidated may not reapply for an operator’s or a user’s permit for a period of six (6) months from the date that such revocation, cancellation or invalidation became final. (Ord. No. 15-13, § 1, 11-17-15) 9-378. Compliance.
A group home that is subject to the provisions of this article that is in existence as of the effective date of this ordinance shall have one hundred twenty (120) days to comply with the provisions of this article. (Ord. No. 15-13, § 1, 11-17-15) View the mobile version.
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City’s SmartSheets: Summary of code enforcement citations issued between 2016 and June 2019 that list violation as CMMC §§ 13-311 (R1 regulations) or 13-323 (MFD regulations) Year Doc No. Total Code
Enforcement
Citations
Issued for all
Code
Violations
Code
Enforcement
Citations for
Violation of
Zoning
Chapter XVI
(13-323)
Code
Enforcement
Citations for
Violation of
Zoning
Chapter XV
(13-311)
Code
Enforcement
Citation for
Violation of
Zoning
Chapter XVI
(13-323) +
XV (13-311)
Zoning
Chapter XVI
(13-323)
Citations as
Percent of
Total
Citations
Zoning Chapter
XVI (13-323) +
XV (13-311)
Citations as
Percent of
Total Citations
2016 1107 454 16 29 16+29= 45 29/454= 6% 45/454= 10%
2017 1108 204 12 3 12+3= 15 12/204= 6% 15/204= 7%
2018 1109 455 131 41 131+41= 172 131/455= 29% 172/455= 38% 2019
(to 06/13/19)
1110 171 30 5 30+5= 35 30/171= 18% 35/171= 20%
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ARIOS, JUSTIN
From: Melissa Goodmon <[email protected]> Sent: Wednesday, September 15, 2021 4:59 PM
To: Housing Element; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Comment re Chapter 3 of City of Costa Mesa’s Draft Housing Element, 2021-2029 Attachments: Table 1 - Evolution of City's RA regulations[93].pdf To whom it may concern:
I submit the following comment in response to Chapter 3 of the City of Costa Mesa’s Public Review Draft (August 2021):
At pages 3-28 and 3-29, the Public Review Draft (August 2021) discusses the City’s Reasonable Accommodation (RA) procedures as part of its discussion about removing constraints on housing for disabled persons. The City’s discussion regarding its reasonable accommodation procedure is misleading. In fact, the City’s RA procedures, standards and processes violate state fair housing rights. By failing to address the inadequacy of the City’s RA procedures, the City’s housing element fails to address the removal of constraints to housing for disabled persons.
The City has amended its RA procedures twice since 2014 for the purpose of making it impossible for any Supportive Housing for disabled persons (classified as Group Homes by the City) to obtain the protection afforded to them by federal and state fair housing laws.
In 2014, the City enacted Ordinance 14-13, which outlawed any existing or future Supportive Housing for disabled persons in the City’s R-1 zoning districts unless permitted by the City. (The City extended that prohibition against Supportive Housing to its Multifamily Zoning districts the next year with the adoption of Ordinance 15-11. These regulations are codified in the City’s Zoning Code Chapters XV and XVI.) In the very same ordinance that first imposed these discriminatory zoning regulations, Ordinance 14-13, the City simultaneously amended its RA regulations, making it impossible for any Supportive Housing provider providing shelter to disabled persons to obtain relief from Ordinance 14-13’s discriminatory provisions. (The City amended its RA provisions a second time in 2017.) The changes in the City’s RA regulations are reflected in the attached Table
1. The City amended its RA regulations to preclude Supportive Housing for disabled persons (aka Group Homes) from obtaining any relief from the City’s discriminatory zoning regulations.
The amended RA regulations had their intended effect: RA applications are determined by the City’s Development Services Director. Since 2014, the Director has received nearly 50 RA applications from Supportive Housing providers seeking exception to Zoning Code Chapters XV (Ordinance 14-13) and XVI (Ordinance 15-11). From that stack, the Director has granted only two. The first was an application that he originally denied, reversing that denial only after the applicant sued the City for violation of fair housing laws. The second was styled as an RA decision, but was mislabeled since it made no actual request for an exception of any zoning regulation.
Most RA applications submitted by Supportive Housing providers (Group Homes) seek relief from the separation requirement between the applicant’s location and any other facility serving or housing disabled persons. If the applicant falls short of the mandatory separation distance, then its application for an SUP or CUP is denied without exception.
The Director’s determinations of 22 RA applications submitted by Supportive Housing providers subject to Zoning Code Chapter XVI (CMMC 12-323) demonstrate the violations of state fair housing laws committed by the City, an obvious constraint to housing for disabled persons not addressed in the Draft Housing Element. A copy of each Director’s RA decision is attached.
In each of these RA decisions (save two), the Director uniformly imposes an unlawful standard on determining whether an RA is necessary:
The application established that the waiver of the separation requirement would allow one or more individuals who are recovering from drug and alcohol abuse to enjoy the use of these dwellings. However, approval of the request is not necessary to allow one or more individuals who are recovering from drug and alcohol abuse to enjoy the use of a dwelling within the City.
The two exceptions are PA-16-03, which did not seek an RA and PA16-06 which failed to identify the RA requested.
Of the 20 RA applications denied by the Director, each denial was the result of City practices that violate fair housing laws. First, the City’s RA regulation requires each of eight findings must be made for an RA to be granted. This requirement violates state law since it put the burden of showing no fundamental alternation on the applicant, not the City. That error, couple with the City’s misapplication of the standard to show “necessity” under FEHA, are among the greatest constraints to housing for the disabled in Costa Mesa.
The City’s Draft Housing Element fails to address this significant constraint on the provision of housing for persons with disabilities and reflect a failure to identify impediments to affirmatively furthering fair housing.
Sincerely,
Melissa H. Goodmon
Additional attachments can be found in this Dropbox link due to its size it can’t be part of the attachment; https://www.dropbox.com/s/iuwkwrthabgi9tb/RA decision re CMMC 13-323.pdf?dl=0 Melissa Holmes Goodmon
Founder & CEO
CASA CAPRI RECOVERY
4001 Westerly Place STE 110
Newport Beach California 92660
Cell: 949-861-0576
Admissions: 844-207-4880
www.casacaprirecovery.com
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Table 2 - Evolution of City’s required findings for issuance of reasonable accommodations 2009-2014: Zoning
Code Required
Findings for
Reasonable
Accommodation,
Ordinance 09-02,
CMMC 13-200.62,
enacted 03/03/2009
2014-2017: Zoning Code Required Findings
for Reasonable Accommodation, Ordinance
14-13, enacted 10/21/2014, adding CMMC
13-200.62(f): “Decision . . . for reasonable
accommodation shall be based on the
following findings, all of which are required
for approval.”
2017-Current: Zoning Code Required
Findings for Reasonable Accommodation,
Ordinance 17-05, enacted 05/02/2017,
amending CMMC 13-200.62(f):
“Decision . . . for reasonable accommodation
shall be based on the following findings, all
of which are required for approval.”
None. (1) The requested accommodation is
requested by or on the behalf of one or
more individuals with a disability protected
under the fair housing laws.
(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 or more
individuals with a disability an equal
opportunity to use and enjoy a dwelling.
(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.
(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 the whether or not the
residents would constitute a single
housekeeping unit.
(4) The requested accommodation is
consistent with the whether or not the
residents would constitute a single
housekeeping unit.
(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.
(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) Whether 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.
(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, not just 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.
(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.
(8) The requested accommodation will not
result in a fundamental alteration in the
nature of the City’s zoning program.
(8) The requested accommodation will not
result in a fundamental alteration in the
nature of the city’s zoning program.
ARIOS, JUSTIN
From: Paul Alexander <[email protected]>
Sent: Wednesday, September 15, 2021 2:38 PM
To: Housing Element; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Comment re Chapter 3 of City of Costa Mesa’s Draft Housing Element, 2021-2029 Attachments: Group Home Activity Summary .pdf; second attachment.pdf; Third attachment.pdf Dear Sir or Madam:
I submit the following comment in response to Chapter 3 of the City of Costa Mesa’s Public Review Draft (August 2021):
At pages 3-19, the Public Review Draft (August 2021) discusses the City’s definitions of Supportive Housing and Transitional Housing, definitions that the State required the City to enact. The City’s discussion regarding these definitions is misleading and incomplete.
Although the City enacted these definitions, it has failed or refused to apply them to any residential use in the City in order to circumvent the state-law protective afforded Supportive Housing. Instead, the City uniformly classifies any Supportive Housing for disabled persons as a Group Home: Group Home: A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one (1) or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.
Once Supportive Housing is classified by the City as a Group Home, the City then subjects the Supportive Housing to the City’s discriminatory zoning regulations under Zoning Code Chapters XV and XVI. These chapters prohibit existing and future Supportive Housing in any residential district in Costa Mesa unless the Supportive Housing obtains a Special Use Permit or a Conditional Use Permit and an Operator’s Permit.
While many of Costa Mesa’s Supportive Housing providers have applied for SUPs or CUPs pursuant to the City’s Zoning Code Chapters XV and XVI, the City has denied the vast majority of those applications.
As a result, since 2014 the City has forced the closure of more than 80% of the existing Supportive Housing in Costa Mesa, a fact that the City publicizes on its public website.
I have attached pages from the City’s website reflecting the effect of its discriminatory regulation of Supportive Housing. (Note: The attached webpage entitled Group Home Activity Summary indicates that the City has approved six CUPs for Supportive Housing. That statement is misleading, since five of those CUPs were issued in the 1980s and 1990s before the City enacted its discriminatory zoning requirements.) Thank you for your consideration.
Paul
Closed Operations WEB
Street Name Street No. Program Name Beds
1 16th Place 413 Clean Path Recovery 62
16th Place Reflections Recovery
Center
6 3
16th Place 491 South Coast Behavioral
Health
6 4 18th Street W 777 777 House 125 18th Street W 679 Discovery House 66 18th Street W 685 Discovery House 787 19th Street E 177 Agape House 68 Alder Lane 2527 New Family Solutions 69 Anaheim 2216 Playa House Unknown 10 Anaheim Avenue 1769 Morning Side Recovery 611 Anaheim Avenue 2216 Playa House Unknown12 Arbor Street 973 Solid Landings 613 Augusta 1180 Hampton Unknown14 Babb Street 2959 Unknown 1015 Bay St 431 Unknown16 Boston Way 3145 Solid Landings 1517 Bowling Green 273 Solid landings 618 Briar Rose 1631 Monarch Recovery 619 Cabrillo Street 218 Sober Sanctuaries, Inc. 1220 Canadian Drive 3159 Clean Path Recovery 621 Cassia Avenue 3107 Rock Solid 2222 Charleston St 1143 Solid Landings 823 Charleston St 1174 Solid Landings 624 Cheyenne Street 1055 Solid Landings 625 Conway 1252 Solid Landings 626 Coolidge Avenue 3004 Clean Path Recovery 627 Coolidge Avenue 3004 Solid Landings 1828 Dahlia Avenue 924 Solid Landings 629 Darrel 871 Solid Landings 630 Doctors Circle 2111 Unknown Street Name Street No. Program Name Beds
31 E. 18th St 166 Casa Capri Unknown
32 Flower 268 Unknown33 Gisler Avenue 1811 Solid Landings 634 Grant Avenue 3044 Solid Landings 635 Hamilton Street 394 Solid Landings 636 Hamilton Street 396 Unknown37 Hamilton Street 382 Solid Landings Unknown38 Harbor Boulevard, Unit 2374 Strong Woman Unknown39 Iowa Street 1804 Lotus Place Recovery 640 Joann Street 574 Unknown41 Joann Street 578 Unknown42 La Salle 2829 Unknown43 La Salle Avenue 2869 OC Recovery Unknown44 La Salle Avenue 2829 Solid Landings 645 Marseilles Way 2450 Lotus Recovery Unknown46 Marseilles Way 2450 Unknown47 Mendoza Avenue 2869 Clean Path Recovery Unknown48 Meyer Pl 2012 Unknown Unknown49 Monte Vista Avenue 291 Unknown 650 Monterey Avenue 2822 Solid Landings 651 Nebraska Place 3238 Healing Path 452 Olympic Ave 13741 Unknown Unknown53 Olympic Avenue 13741 Solid Landings 654 Orange Avenue 1513 Hotel California by the Sea 655 Orange Avenue 1775 Morning Side Recovery 1256 Orange Avenue 1965 Solid Landings 657 Orange Avenue Unit A 2379 Balboa Horizons Unknown58 Orange Avenue Unit B & 2379 Balboa Horizons Unknown59 Pamela Ln 2264 The Book House 1660 Paularino Ave 959 Playa House 661 Paularino Avenue 778 Agape House 662 Placentia Ave., Unit B 2190 Unknown63 Placentia Avenue 2212 A-D
2218 A-D
Heritage House
Unknown
Street Name Street No. Program Name Beds
64 Plumer Street 697 Pillars Recovery 15
65 Plumer Street 697 Solid landings 1566 Plumeria Place 3465 Mainstay Recovery 667 Pomona Avenue 1827 Clean Path Recovery 1368 Pomona Avenue 2220 Safe Harbor Treatment
Center For Women
6 69 Raleigh Avenue 2186 Agape House 670 Republic Avenue 2131 Sam's House 671 San Bernardino 1589 Ohio House 772 San Bernardino 1578 Ohio House 873 Sturgeon Dr 506 Time 2 Care llc 674 Trinity Drive 3066 Camilla's Recovery 675 Valencia Street 1009 Morning Side 2476 Velasco Lane 2866 Easy Way Out LLC Unknown77 Victoria St. 357 Windward Way Unknown78 Victoria St. 351 Windward Way Unknown79 Victoria Street 310 Sober Partners 2480 Victoria Street 310 Sober Partners Project Unknown81 Virginia Place 132 Sober Living House 682 W. Bay Street 431 California Prime Recovery Unknown83 Walnut 271 Solid Landings 6 Group Homes Cited WEB
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
1 10/04/16 16th Pl. 413 40883 Course LLC Stay the2 10/04/16 16th Pl. 4134 40884 Flower Cypress3 06/01/16 18th E. 116 41475 Grant Sherry4 04/08/19 18th St. E 235 40735 Alexander LLC Walton5 04/08/19 18th St. E 235 40736 Recovery LLC Raw6 04/08/19 18th St. E 241 40737 Alexander LLC Walton7 04/08/19 18th St. E 241 40738 Recovery LLC Raw8 03/15/19 18th St. E 235 40727 Treatment Svces. Northbound9 03/15/19 18th St. E 235 40728 Recovery LLC Raw 10 03/15/19 18th St. E 235 40729 Alexander LLC Walton11 03/15/19 18th St. E 241 40730 Treatment Svces. Northbound12 03/15/19 18th St. E 241 40731 Recovery LLC Raw13 03/15/19 18th St. E 241 40732 Alexander LLC Walton14 02/05/19 18th St. E 235 40707 Alexander LLC Walton15 02/05/19 18th St. E 235 40708 Treatment Svces. Northbound16 02/05/19 18th St. E 235 40709 Recovery LLC Raw17 02/05/19 18th St. E 241 40710 Alexander LLC Walton18 02/05/19 18th St. E 241 40711 Treatment Svces. Northbound19 02/05/19 18th St. E 241 40712 Recovery LLC Raw20 10/04/16 18th St. W 679 40881 Saywitz Prop. One Barry21 10/04/16 18th St. W 679 40882 The Discovery Houses Morningside Recovery22 11/07/16 18th W. 679 41570 Morningside Recovery LLC Discovery Houses23 11/07/16 18th W. 685 41571 Discovery Houses Morningside Recovery24 11/29/16 18th W. 679 40351 Saywitz Properties One Barry25 11/29/16 18th W. 679 40353 LLC/Discovery Houses Morningstar Recovery26 12/01/16 18th W. 685 40356 LLC/Discovery Houses Morningstar Recovery27 12/01/16 18th W. 685 40358 Properties Two Barry Saywitz28 02/12/19 19th St. W 864 20399 Photoglou Living Trust Mark29 11/07/16 19th W 679 41572 Properties One Barry Saywitz30 10/13/16 21st E 175 41560 Norwood Kenneth31 07/20/16 23rd 160 41652 Recovery LLC Windward Way32 07/20/16 23rd 160 41654 LLC DZ33 07/21/16 23rd 165 41655 Garden LLC Aunties34 07/21/16 23rd 165 41656 Recovery LLC Windward Way CCMC SECT. CITED AMOUNT
9-372, 13-26, 13-323, 20-12 45013-26, 13-311 45013-26, 9-372 30013-26, 20-12(ii), 13-323 1,500.0013-26,20-12(ii), 13-323 1,500.0013-26, 20-12(ii), 13-323 1,500.0013-26, 20-12(ii), 13-323 1,500.0020-12(ii), 13-26, 13-323 900.0013-26, 20-12(ii), 13-323 900.0013-26, 13-323, 20-12(ii) 900.0020-12(ii), 13-26, 13-323 900.0013-26, 20-12(ii), 13-323 900.0013-26, 13-323, 20-12(ii) 900.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.009-372, 13-26 6009-372, 13-26 6009-372, 13-26, 13-323, 20-12 12009-372, 13-26, 13-323, 20-12(ll) 12009-372, 13-26, 13-323, 20-12 (ll) 20009-372, 13-26, 13-323, 20-12 (ll) 20009-372, 13-26, 13-323, 20-12 20009-372, 13-26, 13-323, 20-12 2000105.1, 20-12(ii), 13-105(a), 20-6(o), 13- $2,100.009-372, 13-26, 13-323, 20-12(ll) 12009-372, 13-26, 13-323, 20-12 120013-26, 9-372 45013-26, 9-372, 20-12 45013-26, 9-372, 20-12 60013-26, 9-372, 20-12(ii), 20-12 (hh) 600
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
35 03/05/18 Adams Avenue 1650 40664 n/a Clean Path Recovery LLC 36 02/05/19 Albert Pl 114 40705 Recovery LLC Windward Way37 02/05/19 Albert Pl 114 40706 Place Properties LLC Albert Pl38 04/05/18 Albert Place 114 40117 n/a Albert Place Poroperties, LLC39 04/05/18 Albert Place 114 40116 n/a Windward Way Recovery LLC40 02/20/18 Albert Place 114 40945 n/a Winward Way Recovery, LLC41 02/20/18 Albert Place 114 40947 n/a Albert Place Properties, LLC42 07/21/16 Alder 2527 41660 Horluchi Ellen43 07/26/16 Anaheim 1769 41661 Yates Raymond44 07/26/16 Anaheim 1769 41663 Recovery LLC Morningside45 07/27/16 Anaheim 1865 41665 Harold Jusine46 09/09/16 Anaheim 1769 40875 Yates Raymond47 04/16/18 Anaheim Avenue 2216 40960 n/a Playa House Inc48 03/08/18 Anaheim Avenue 2216 40104 Pourmalek Reza49 06/22/16 Babb 2959 41949 Moheimani Assad50 04/12/19 Bernard Street 544 40739 Assets LLC Enclave51 04/12/19 Bernard Street 544 40740 Recovery LLC Dream52 09/05/18 Cabrillo Street 200, 202, 204, 206 40691 Connor Alice53 09/05/18 Cabrillo Street 200, 202, 204, 206 40690 n/a Pacific Sho9res Recovery LLC54 08/28/18 Cabrillo Street 200, 202, 204 206 40423 Connor Alice55 08/28/18 Cabrillo Street 200, 202, 204 206 40423 Connor Alice56 08/17/18 Cabrillo Street 200 202 204 206 41709 n/a Pacific Shores Recovery LLC57 08/17/18 Cabrillo Street 200 202 204 206 41710 Connor Alice58 01/25/18 Canadian Drive 3159 40927 I, LLC CDM Housing59 06/12/18 Cecil Place 208 40462 n/a SoCal Recovery60 06/12/18 Cecil Place 208 40460 n/a VDP Properties LP61 03/19/18 Center Street 725 40110 n/a Asana Recovery62 03/19/18 Center Street 725 40109 Malili Daniel63 05/25/16 Cheyenne 1055 41948 Care Service Guardian Health64 05/09/18 E. 16th Place 271 40678 n/a Carr Timothy WTW Revoc Tr65 05/09/18 E. 16th Place 271 40677 n/a Casa Capri LLC66 05/09/18 E. 16th Place 269 40676 Irani Zackary67 05/09/18 E. 16th Place 269 40675 n/a Casa Capri LLC68 04/27/18 E. 16th Place 271 40024 n/a Carr Timothy WTW Revoc Tr69 04/27/18 E. 16th Place 271 40023 n/a Casa Capri LLC70 04/27/18 E. 16th Place 269 40022 Irani Zackary71 04/27/18 E. 16th Place 269 40021 n/a Casa Capri LLC CCMC SECT. CITED AMOUNT
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 150013-26, 20-12 (ii), 13-323 1,500.0020-12(ii), 13-26, 13-323 500.0013-35, 13-26, 20-12 (ii), 13-323, CBC 120013-35, 13-26, 20-12 (ii), 13-323, CBC 120013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-26, 9-372 45013-26, 13-311 30020-12, 13-26, 13-311 45020-12, 13-311 45020-12, 13-30(7.1), 13-311, 13-26 105013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 13.200.88,13-311, 2012 75013-323, 13-26, 20-12(ii), 13-30, 105.1 750.0013-323, 13-26, 20-12(ii) 450.0013-26, 13-323, 20-12 (ii) 150013-26, 13-323, 20-12 (ii) 150020-12 (ii), 13-323, 13-26 90020-12 (ii), 13-323, 13-26 90013-26, 13-323, 20-12(ii) 45013-323, 13-26, 20-12(ii) 45013-311, 13-26, 20-12 (ii) 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-200.88, 13-311, 13-26, 20-12 60013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 900
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
72 04/19/18 E. 16th Place 271 40016 n/a Carr Timothy W T W Revoc 73 04/19/18 E. 16th Place 269 40015 Irani Zackary74 04/19/18 E. 16th Place 271 40013 n/a Casa Capri LLC75 04/19/18 E. 16th Place 269 40012 n/a Casa Capri LLC76 06/22/18 E. 21st Street 175 40972 Norwood Kenneth77 06/22/18 E. 21st Street 175 40971 n/a SoCal Recovery78 06/12/18 E. 21st Street 175 40464 Norwood Kenneth79 06/12/18 E. 21st Street 175 40463 n/a SoCal Recovery80 06/04/18 E. 21st Street 175 40459 Norwood Kenneth81 11/26/18 E. Wilson Street 131 42317 Walton Keith L.82 10/26/18 E. Wilson Street 125 42315 n/a Northbound Treatment Services83 10/26/18 E. Wilson Street 125 42316 Walton Keith L.84 10/26/18 E. Wilson Street 131 42318 Walton Keith L.85 10/08/18 E. Wilson Street 125 42300 Walton Keith L.86 10/08/18 E. Wilson Street 125 42301 n/a Northbound Treatment Services87 10/08/18 E. Wilson Street 131 42302 Walton Keith L.88 10/08/18 E. Wilson Street 131 42303 n/a Northbound Treatment Services89 08/06/18 E. Wilson Street 131 40469 n/a Northbound Treatment Services90 08/06/18 E. Wilson Street 125 40470 n/a Northbound Treatment Services91 08/06/18 E. Wilson Street 125 40466 Walton Keith L.92 08/06/18 E. Wilson Street 131 40471 Walton Keith L.93 11/30/16 Elden 2214 41345 Ohio House LLC Branden Stump94 11/30/16 Elden 2214 41346 Cefalia James95 10/12/17 Flower St. 268 40950 Johnson Gary Richard96 10/12/17 Flower St. 268 40951 & Wellness RAW Recovery97 02/08/18 Flower Street 268 40037 n/a Raw Recovery LLC98 02/08/18 Flower Street 268 40038 Johnson Gary Richard99 01/30/18 Flower Street 268 40029 Johnson Gary Richard 100 01/30/18 Flower Street 268 40031 n/a Raw Recovery LLC101 10/15/18 Fordham Drive 2372 42307 Pedriana Mical D.102 02/05/18 Fordham Drive 2372 40937 Pedriana Mical103 05/19/16 Grant 3044 41338 Rosenbaum Melvin104 05/19/16 Grant 3044 41340 Care Services Guardian Health105 03/19/18 Grant Avenue 3044 40111 n/a D'Amore Healthcare106 03/19/18 Grant Avenue 3044 40113 Rosenbaun Carolyn107 03/16/18 Harbor Boulevard 2374 #104 42416 n/a ZMV Partnership108 06/22/18 Hudson Avenue 783 40549 Norwood Kenneth CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 60020-12 (ii), 13-323, 13-26, 13-93 ( e ) 60013-323, 13-26, 20-12 (ii), 13-93 ( e ) 60013-323, 13-26, 20-12 (ii), 13-93 ( e ) 60013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 90013-26, 20-12(ii), 13-323 90013-26, 20-12(ii), 13-323 90013-26, 20-12(ii), 13-323 40013-26, 20-12 (ii), 13-323 45013-26, 20-12(ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-26, 13-200.88, 13-311, 20-12 6009-372, 13-26, 13-323, 20-12 60013-26, 13-311, 20-12(ii) 45013-26, 13-311, 20-12(ii) 45013-26, 13-311, 20-12 ( e ), 20-12 (ii) 165013-26, 13-311, 20-12 (ii), 20-12 ( e ) 165013-26, 13-311, 20-12 (ii) 45013-26, 13-311, 20-12 (ii) 45013-311, 20-12(ii), 13-26 45013-26, 20-12 (ii), 13-311 45013-26, 13-200.88,13-311,20-12 60013-26,13-200.88, 13-311, 20-12 60013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 13-311, 20-12 (ii) 1500
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
109 06/22/18 Hudson Avenue 783 40548 Shinder Darryl
110 06/15/18 Hudson Avenue 783 40543 Shinder Darryl111 06/15/18 Hudson Avenue 783 40542 Norwood Kenneth112 06/07/18 Hudson Avenue 783 40540 Shinder Darryl113 06/07/18 Hudson Avenue 783 40541 Norwood Kenneth114 11/29/18 Jeffrey Drive 3018 40507 Investments LLC SSMS115 11/29/18 Jeffrey Drive 3016 40504 Services Inc National Theraputic116 11/29/18 Jeffrey Drive 3016 40505 Services Inc National Theraputic117 11/29/18 Jeffrey Drive 3018 40506 Services Inc National Theraputic118 11/21/18 Jeffrey Drive 3016 40497 n/a National Therapeutic Services119 11/21/18 Jeffrey Drive 3016 40498 n/a National Therapeutic Services120 11/21/18 Jeffrey Drive 3018 40500 n/a National Therapeutic Services121 11/21/18 Jeffrey Drive 3018 40501 n/a S5MS Investments LLC122 11/13/18 Jeffrey Drive 3016 40488 n/a National Therapeutic Services123 11/13/18 Jeffrey Drive 3016 40489 n/a National Therapeutic Services124 11/13/18 Jeffrey Drive 3018 40490 n/a National Therapeutic Services125 11/13/18 Jeffrey Drive 3018 40491 n/a S5MS Investments LLC126 01/18/18 Joann 647 42405 Perlin Richard127 01/18/18 Joann 653 42408 Perlin Richard128 01/18/18 Joann 647 42404 Stump Brandon129 01/18/18 Joann 653 42407 Stump Brandon130 09/23/16 Joann 594 42081 Benton Earl131 02/08/18 Joann Street 647 40938 Stump Brandon132 02/08/18 Joann Street 647 40939 Perlin Richard133 02/08/18 Joann Street 653 40940 Stump Brandon134 02/08/18 Joann Street 653 40941 Perlin Richard135 01/29/18 Joann Street 647 40929 Stump Brandon136 01/29/18 Joann Street 647 40930 Perlin Richard137 01/29/18 Joann Street 653 40931 Stump Brandon138 01/29/18 Joann Street 653 40933 Perlin Richard139 09/06/16 Johnson 3063 41555 Peacock Nancy140 11/29/18 Knox Street 268 40502 Recovery LLC Raw141 11/29/18 Knox Street 268 40503 Douglas L Trust Allenthrop142 11/21/18 Knox Street 268 40495 n/a Raw Recivery LLC143 11/21/18 Knox Street 268 40496 n/a Allenthrop Douglas L Trust144 11/13/18 Knox Street 268 40492 n/a Raw Recovery LLC145 11/13/18 Knox Street 268 40493 n/a Allenthrop Douglas L Trust CCMC SECT. CITED AMOUNT
13-26, 13-311, 20-12 (ii) 150020-12(ii), 13-26, 13-311 90020-12 (ii), 13-26, 13-311 90020-12 (ii), 13-26, 13-311 45013-26, 13-311, 20-12 (ii) 45013-323, 13-26, 20-12(ii) 1,500.0013-323, 13-26, 20-12(ii) 1,500.0020-12(ii) 13-323-13-26 1,500.0013-323, 13-26, 20-12(ii) 1,500.0020-12(ii), 13-323, 13-26 90013-323, 13-26, 20-12(ii) 90013-323, 13-26, 20-12(ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12(ii) 45013-26, 13-323, 20-12 (ii) 45013-323, 13-26, 20-12(ii) 45013-323, 13-26, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-26, 13-311, 20-12 15013-311, 13-36, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 90013-311, 13-26, 20-12 (ii) 90013-311, 13-26, 20-12 (ii) 90013-311, 13-26, 20-12 (ii) 90013-26, 9-372 15013-323, 13-26, 20-12(ii) 1,500.0013-323, 13-26-20-12 (ii) 1,500.0013-323, 13-26, 20-12(ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12(ii) 45020-12(ii), 13-26, 13-323 450
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
146 01/25/18 La Salle 2829 40928 Oded Ben-Ezer
147 05/19/16 La Salle 2829 41336 Riley Sheldon148 05/19/16 La Salle 2829 41337 Family Trust Ben Ezer149 07/21/16 La Salle 2876 42035 Arellana Margarita150 02/16/18 Marseilles Way 2450 40040 n/a Lotus Place Recovery LLC151 02/16/18 Marseilles Way 2450 40041 Ulanovsky Mark D.152 05/10/18 Mckinley Way 3124 40527 n/a Playa House, Inc.153 05/10/18 Mckinley Way 2124 40526 n/a Martin Stefani/Martin Tom154 04/16/18 Mendoza Drive 2869 40961 n/a Clean Path Recovery LLC155 04/15/18 Mendoza Drive 2869 40962 n/a Lucy Lee Holdings LLC156 03/12/18 Mendoza Drive 2869 40107 n/a Lucy Lee Holdings, LLC157 03/12/18 Mendoza Drive 2869 40106 n/a Clean Path Recovery, LLC158 02/05/18 Mendoza Drive 2869 40935 Heiligman Lee159 02/05/18 Mendoza Drive 2869 40936 Lucy Lee Holdings LLC160 07/27/16 Monte Vista 298 41667 Scholten Hendrik161 02/01/19 Olympic Ave. 13741 40701 Nicolau Kevin & Tiffany162 02/01/19 Olympic Avenue 13741 40700 N/A REMY OC LLC163 09/05/18 Oranage Avenue 1509 40692 n/a Nexgen Management LLC164 08/14/18 Oranage Avenue 1509 41706 n/a Hotel California by the Sea LLC165 06/29/16 Orange 2412 41961 Maurer Wendy166 07/11/16 Orange 2558 41967 Saywitz Barry167 07/12/16 Orange 2558 41971 Lodges Inc. The168 07/13/16 Orange 1513 42080 by the Sea LLC Hotel California169 07/15/16 Orange 1775 42032 Recovery LLC Morningside170 07/18/16 Orange 1897 42033 Zumwalt Richard & Nanette171 07/18/16 Orange 1897 42034 Center Lead Recovery172 08/09/16 Orange 2412 40575 Giddings Mark & Christy173 08/09/16 Orange 2412 40576 Maurer Wendy174 08/19/16 Orange 2558 40583 Saywitz Barry175 08/19/16 Orange 2558 40584 LLC Morningside Recovery176 09/07/16 Orange 2558 40591 Saywitz Barry177 10/13/16 Orange 2558 40596 LLC Morningside Recovery178 10/14/16 Orange 2558 40597 LLC Morningside Recovery179 11/01/16 Orange 2558 40602 LLC Morningside Recovery180 10/11/17 Orange Ave. 1509 40054 Mangement LLC NexGen181 10/11/17 Orange Ave. 1509 40056 By the Sea Hotel California182 11/01/18 Orange Avenue 2417 41693 n/a Northbound Treatment Services CCMC SECT. CITED AMOUNT
13-311, 13-26, 20-12 (ii) 45013-26,13-200.88, 13-323, 9-372, 20-12 60012-26, 13-200.88, 13-311, 20-12 60013-26, 20-12(ii), 9-372, 20-12(hh) 15013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-311, 20-12 (ii) 45013-26, 13-311, 20-12 (ii) 45013-26, 20-12 (ii), 13-323, CBC 105.1 200013-26, 20-12 (ii), 13-323, CBC 105.1 200013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 150013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 150013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 75013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 75013-26, 9-372 15013-26, 20-12(ii), 13-311 450.0013-26, 20-12(ii), 13-311 450.0013-26, 13-323, 20-12(ii) 150020-12 (ii), 13-26, 13-323 90013-26, 13-200.88, 13-311, 20-12 120013-26, 13-311, 20-(ii) 15013-26,9-372,20-12(ii), 20-12(hh) 45013-26, 13-311, 20-12 45013-26,9-372,20-12(II), 20-12 (hh) 60013-26, 9-372, 2042(ii), 20-12(hh) 60013-26, 20-12(ii), 9-372, 20-12(hh) 60013-26, 13-311, 20-12(ll) 150013-26,20-12(ii), 13-311 150013-26, 9-372, 20-12(ll) 9009-372, 13-26, 20-12(ll) 4509-372, 13-26, 20-12(ll) 15009-372, 13-26, 20-12(ll) 9009-372, 13-26, 2012(ll) 9009-372, 13-26, 20-12 150013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12(ii) 45013-26, 20-12 (ii), 13-323 1500
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
183 11/01/18 Orange Avenue 2417 41694 n/a Orange Acres LLC 184 10/26/18 Orange Avenue 2417 40480 n/a Northbound Treatment Services185 10/26/18 Orange Avenue 2417 40481 n/a Orange Acres LLC186 10/16/18 Orange Avenue 2417 41685 n/a Orange Acres LLC187 10/16/18 Orange Avenue 2417 41686 n/a Northbound Treatment Services188 09/05/18 Orange Avenue 1509 40694 n/a Hotel California by the Sea LLC189 08/14/18 Ornage Avenue 1509 41705 n/a Nexgen Management LLC190 05/30/19 Pamela Lane 2258 40747 Family Trust Boctor191 01/08/19 Paularino Ave. 959 40513 House Inc. Playa192 01/08/19 Paularino Ave. 959 40514 Dalal Abedrabo193 12/10/18 Paularino Avenue 949 40509 House Inc Playa194 12/10/18 Paularino Avenue 959 40510 Dalal Abedrabo195 10/08/18 Paularino Avenue 959 41681 Dalal Abe drabo196 10/08/18 Paularino Avenue 959 41683 n/a Playa House, Inc.197 06/13/16 Pierpoint 598 41956 Moheinani Gina198 12/07/17 Plumer 697 40018 Recovery Pillars199 12/07/17 Plumer 697 40019 LLC Heathers-Plumer200 10/24/17 Plumer 697 40003 Recovery Pillars201 10/24/17 Plumer 697 40004 Plumer LLC Heathers202 10/09/18 Plumeria Place 3465 40477 n/a Nguyen Loc Van/ Nguyen Hong203 10/09/18 Plumeria Place 3465 40478 n/a Mainstay Recovery LLC204 10/13/16 Pomona 2162 41558 Martin Jose Roma & Maria G205 10/17/16 Pomona 1798 40598 Properties One LLC Barry Saywitz206 10/17/16 Pomona 1798 40599 LLC Morningside Recovery207 03/20/18 Pomona Ave 2265 B 2267 B 42417 n/a Clean Path Recovery LLC208 03/20/18 Pomona Avenue 2275 2277 42420 n/a Lucy Lee Holdings LLC209 03/20/18 Pomona Avenue 2275 2277 42419 n/a Clean Path Recovery LLC210 03/20/18 Pomona Avenue 2265 B 2267 B 42418 n/a Pomona Assoc CM LLC211 03/05/18 Pomona Avenue 2275 2277 40668 n/a Lucy Lee Holdings LLC212 03/05/18 Pomona Avenue 2275 2277 40667 n/a Clean Path Recovery LLC213 03/05/18 Pomona Avenue 2265 B 2267 B 40666 n/a Pomona Assoc CM LLC214 01/30/18 Pomona Avenue 2265 (Unit B) 2267 40032 n/a Clean Path Recovery LLC215 01/30/18 Pomona Avenue 2265 (Unit B) 2267 40033 CM LLC Pomona Association216 01/29/18 Pomona Avenue 2275 2277 40026 n/a Lucy Lee Holdings LLC217 01/29/18 Pomona Avenue 2275 2277 40028 n/a Clean Path Recovery LLC218 03/24/17 Royce 3044 40885 Brown Gillian219 11/07/18 San Bernardino Place 1589 40482 n/a The Ohio House, LLC CCMC SECT. CITED AMOUNT
13-26, 20-12(ii), 13-323 150013-26, 20-12(ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12, 13-323 45013-26, 20-12, 13-323 45013-26, 13-323, 20-12 (ii) 150013-26, 13-323, 20-12 (ii) 90013-26, 20-12(ii), 13-323 450.0020-12(ii), 13-26-13-311 1,500.0020-12(ii), 13-20, 13-311 1,500.0020-12(ii), 13-26, 13-311 900.0020-12(ii), 13-26, 13-311 900.0013-311, 20-12 (ii), 13-26 45013-311, 20-12(ii), 13-26 45013-226,13-200.88,13-323,9-372,20-12II 165013-26, 13-323, 20-12(ii) 90013-26, 13-323, 20-12(ii) 90013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12(ii) 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 4509-372, 13-26 6009-372, 13-26, 20-12(ll) 4509-372, 13-26, 20-12(ii), 45013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 250013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 250020-12, 13-26, 13-323, 20-12 (n), CBC 250013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 250013-26, 13-323, 20-12 Iii), 20-12 (n), CBC 150020-12 (ii), 13-26, 13-323, 20-12 (n), CBC 150013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 150013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 75013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 75013-26, 13-323, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45013-26, 13-311 15013-26, 13-323, 20-12(ii) 1500
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
220 11/07/18 San Bernardino Place 1589 40483 n/a Barry Saywitz Properties One 221 11/07/18 San Bernardino Place 1578 40485 Fabrizio Pauri222 10/25/18 San Bernardino Place 1578 42311 n/a The Ohio House, LLC223 10/25/18 San Bernardino Place 158 42312 Fabrizio Panri224 10/25/18 San Bernardino Place 1589 42313 n/a The Ohio House, LLC225 10/25/18 San Bernardino Place 1589 42314 n/a Barry Saywitz Properties One226 09/10/18 San Bernardino Place 1578 41718 Fabrizio Pauri227 09/10/18 San Bernardino Place 1589 41715 n/a The Ohio House, LLC228 09/10/18 San Bernardino Place 1578 41717 n/a The Ohio House, LLC229 09/10/18 San Bernardino Place 1589 41716 n/a Barry Saywitz Properties One230 08/18/16 Santa Ana 2641 40581 LLC Bjormad LA231 08/18/16 Santa Ana 2641 40582 & Addiction Night Psychology232 10/13/16 Santa Ana 2641 40595 & Addiction Inc. Inshght Psychology233 05/31/18 Tours Lane 334 40454 n/a 334 Tourt Trust234 05/17/18 Tours Lane 336 40683 Anderson Joanne235 05/17/18 Tours Lane 336 40682 n/a Chadwick House LLC236 05/17/18 Tours Lane 334 40681 n/a 334 Tours Trust237 05/17/18 Tours Lane 334 40680 n/a Chadwick House LLC238 03/21/18 Tours Lane 336 40953 n/a Chadwick House LLC239 03/21/18 Tours Lane 336 40954 Anderson Joanne240 03/20/18 Tours Lane 334 42422 n/a Chadwick House LLC241 03/20/18 Tours Lane 334 42421 n/a 334 Tours Trust242 02/16/18 Tours Lane 334 40042 n/a Chadwick House LLC243 02/16/18 Tours Lane 334 40043 Kimmes Nancy244 02/16/18 Tours Lane 336 40044 n/a Chadwick House LLC245 02/16/18 Tours Lane 336 40045 Anderson Joanne246 07/11/16 Tulip 175 41965 Roya Rohanaki247 07/11/16 Tulip 175 41966 Recovery Inc. Compass Rose248 08/12/16 Tulip 175 40579 Roya Sohanaki249 08/12/16 Tulip 175 40580 Recovery Inc. Compass Rose250 08/31/16 Tulip 175 40587 Roya Sohanaki251 08/31/16 Tulip 175 40588 Recovery Inc. Congress Rose252 08/08/16 Tustin 2421 41973 Capital, LLC Evergreen Investment253 08/08/16 Tustin 2421 41974 Sabahi Sonni254 08/29/16 Tustin 2421 40585 Capital LLC Evergreen Investment255 08/29/16 Tustin 2421 40586 Sabahi Sonni256 09/13/16 Tustin 2421 40593 Capital LLC Evergreeen Invest.
CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12(ii), 13-323 45013-26, 20-12(ii), 13-323 45013-26, 20-12(ii), 13-323 45013-26, 20-12(ii), 13-323 4509-372, 13-26, 13-23, 20-12 (ll) 6009-372, 13-26, 13-323, 20-12(n), 20-12(ll) 7509-372, 13-26, 20-12(ll) 120013-26, 13-322, 20-12 (ii) 150013-26, 13-322, 20-12 (ii) 150020-12 (ii), 13-26, 13-322 150013-26, 13-322, 20-12 (ii) 90013-26, 13-322, 20-12 (ii) 150013-26, 13-322, 20-12 (ii) 90013-26, 13-322, 20-12 (ii) 90020-12 (ii), 13-26, 13-322 90013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 9-372, 20-12(ii) 45013-26, 13-311, 20-12(ii) 45013-26, 13-311, 20-12(ll) 90013-26, 13-311, 20-12(ll) 90013-26, 13-311, 21-12(ll) 150013-26, 13-311, 2012(ll) 150013-26, 9-372, 20-12(ii) 75013-30, 13-26,13-200.88, 13-311, 20-12 75013-26, 13-30(9.1), 13-311, 20-12(ll) 120013-26, 13-30(9.1), 13-311, 20-12 120013-26, 13-30, 13-311-20-12(ll) 2000
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
257 09/13/16 Tustin 2421 40594 Sabahi Sonni
258 05/11/18 Tustin Avenue 2175 40531 n/a The Ohio House, LLC259 05/11/18 Tustin Avenue 2175 40530 n/a AQABA LLC260 04/05/18 Tustin Avenue 2175 40956 n/a 96 Discovery261 04/05/18 Tustin Avenue 2175 40957 n/a The Ohio House LLC262 02/27/18 Tustin Avenue 2175 42412 n/a AQABA LLC263 02/17/18 Tustin Avenue 2175 42413 n/a The Ohio House LLC264 06/02/16 Valencia 1009 41955 Recovery LLC Morningside265 07/07/16 Valencia 1009 41963 Saywitz Barry266 07/07/16 Valencia 1009 41964 Recovery LLC Morningstar267 08/10/16 Valencia 1009 40577 Saywitz Barry268 08/10/16 Valencia 1009 40578 LLC Morningside Recovery269 09/06/16 Valencia 1009 40589 Saywitz Barry270 09/06/16 Valencia 1009 40590 Recovery Inc. Monringside271 12/06/17 Victoria 310 40016 Cefalia James John272 10/31/17 Victoria 310 40009 Project Corp Sober Partners273 10/31/17 Victoria 310 40010 Cefalia James John274 06/20/18 Victoria Street 357 40547 Bartolone Damon275 06/20/18 Victoria Street 357 40546 n/a Windward Way Recovery LLC276 06/20/18 Victoria Street 351 40545 Bartolone Damon277 06/20/18 Victoria Street 351 40544 n/a Windward Way Recovery LLC278 06/12/18 Victoria Street 357 40197 n/a Windward Way Recovery, LLC279 06/12/18 Victoria Street 357 40196 Bartolone Damon280 06/12/18 Victoria Street 351 40194 n/a Windward Way Recovery, LLC281 06/12/18 Victoria Street 351 40193 Bartolone Damon282 06/04/18 Victoria Street 357 40538 n/a Windward Way Recovery LLC283 06/04/18 Victoria Street 357 40537 Bartolone Damon284 06/04/18 Victoria Street 351 40536 n/a Windward Way Recovery285 06/04/18 Victoria Street 351 40535 Bartolone Damon286 03/01/16 Virginia 120 41975 Burns Cindy287 04/08/19 Virginia Pl 175 40733 Treatment Svces. Northbound288 04/08/19 Virginia Pl 175 40734 Equities LLC Norah289 03/13/19 Virginia Pl 175 40725 Treatment Svces. Northbound290 03/13/19 Virginia Pl 175 40726 Equities LLC Norah291 02/05/19 Virginia Pl 175 40702 Treatment Svces. Northbound292 02/05/19 Virginia Pl 175 40704 Equities LLC Norah293 12/06/17 W. Bay Street, Unit S 431 40013 Recovery Services California Prime CCMC SECT. CITED AMOUNT
13-26, 13-30(a.1), 13-311, 20-12(ll) 200013-26, 13-323, 20-12 (ii) 150013-26, 13-323, 20-12(ii) 150013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45013-226,13-200.88,13-323,9-372,20- 75013-326, 13-200.88, 13-311, 20-12 60013-26, 9-372, 20-12(ii), 20-12 (hh) 45013-26, 9-372, 20-12(ll) 90013-26, 9-372, 20-12 (ll) 90013-26, 9-372, 20-12(ll) 15009-372, 13-26, 20-12(ll) 150013-26, 13-323, 20-12(ii) 90013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12 (ii) 150013-323, 13-26, 20-12(ii) 150013-26, 13-323, 20-12 (ii) 150020-12 (ii), 13-26, 13-323 150013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45020-12 (ii), 13-26, 13-323 45013-30(9.1), 13-26, 13-200-.88, 13-311, 15013-26, 20-12(ii), 13-322 1,500.0020-12(ii), 13-26, 13-322 1,500.0013-26, 20-12(ii), 13-322 900.0013-26, 20-12(ii), 13-322 900.0013-26, 20-12 (ii), 13-322 450.0020-12(ii), 13-26, 13-322 450.0012-26, 20-12, 13-322 450
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
294 12/06/17 W. Bay Street, Unit S 431 40014 C/O Robert Crossley 431 Bay Street, LLC 295 12/06/17 W. Coast Hwy., Suite 300 3101 40015 Project Corp Sober Partners296 05/02/19 Wallace Avenue 2068 40714 OC LLC Focus297 05/02/19 Wallace Avenue 2068 40715 Shores Recovery Sunset298 10/25/16 Wilson W 580 41564 Hilario Angel299 11/28/16 Wilson W 580 41573 Hilario Angel CCMC SECT. CITED AMOUNT
13-26, 20-12, 13-322 45013-26, 13-323, 20-12(ii) 90020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.009-372, 13-26, 13-323, 20-12 12009-732, 13-26, 13-323, 20-12(ll) 2000
ARIOS, JUSTIN
From: Jason Brewer <[email protected]>
Sent: Thursday, September 16, 2021 1:33 PM
To: Housing Element; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Comment re Chapter 3 of City of Costa Mesa’s Draft Housing Element, 2021-2029 Attachments: Table 1.pdf; Table 2.pdf; Table 3.pdf
Greetings,
I submit the following comment in response to Chapter 3 of the City of Costa Mesa’s Public Review Draft (August 2021):
Starting at page 3-45, the Public Review Draft (August 2021) addresses Affirmatively Furthering Fair Housing (AFFH). This section of the City’s Housing Element fails to address the requirements set forth in Government Code § 65583 and disregards the City’s own discriminatory housing practice reflected in its Zoning Code and its treatment of Supportive Housing for disabled persons (defined as Group Homes by the City).
The City’s Draft Housing Element is grossly inadequate because it fails to address the greatest source of housing discrimination in Costa Mesa: The City of Costa Mesa itself.
Nowhere does the Draft Housing Element address the effect of the City’s discriminatory zoning regulations against Group Homes (i.e., Supportive Housing for persons with disabilities.) If Supportive Housing provides housing to persons with disabilities, then the City defines and classifies that residential use as a “Group Home”:
Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one (1) or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.
The definition of Group Home includes Sober Living Homes, which are defined as:
Sober living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.
Since the City’s last Housing Element in 2013, the City has engaged in a pattern or practice of discrimination against Supportive Housing, specifically, Group Homes and Sober Living Homes.
Attached to this email is a chart that illustrate the effect of the City’s discrimination against Group Homes. It shows that even though Group Homes make up an infinitesimal percentage of the total number of dwellings in Costa Mesa, the City’s discriminatory zoning practices have further reduced the number of housing opportunities for persons with disabilities.
No new Group Homes have opened in the City since 2015 following the City adoption of Ordinance 14-13 (enacting Zoning Code Chapter XV) and Ordinance 15-11 (enacting Zoning Code Chapter XVI).
The City acknowledges in public records that as of in 2017, there were only existing 99 Group Homes in Costa Mesa, comprising 0.002% of the total number of dwellings in Costa Mesa (42,867). (See Table 1 attached to this email.)
Each of those 99 Group Homes was subject to the City’s discriminatory zoning regulations under Zoning Code Chapters XV and XVI, which prohibited each of the 99 Group Homes to continue providing housing to disabled persons unless they obtained a permit.
Of the 99 Group Homes, 76 homes applied for permits pursuant to either Zoning Code Chapter XV or Chapter XVI. The others quit the process as futile in light of the City’s unwavering policy of discrimination.
Of the 76 Group Homes that applied for permits pursuant to either Zoning Code Chapter XV or Chapter XVI, the City granted by 2919 only 14 permits, the remainder were denied by the City or abandoned the application process as futile. The last permit granted was in 2019; no new applications for permits have been submit because the City’s policy of discrimination deters person seeking to provide Supportive Housing to persons with disabilities.
Group Homes without permits are subject to citation, criminal prosecution and civil abatement by the City. The City has aggressively cited Group Homes that provide housing to disabled persons but lack a City-issued permit. (See Tables 2 and 3 attached to his email.) To date, the City has also sued 11 Supportive Housing providers as a “public nuisance” solely on the basis that each provides Supportive Housing to persons with disabilities but lacks a City-issued permit pursuant to Zoning Code Chapter XV or Chapter XVI.
Under the City’s Zoning Code the only zoning district in which Group Homes are permit of right is the Institutional and Recreational district, which is expressly reserved for non-residential uses. (CMMC 13-30 Table: Land Use Matrix.)
The complete failure of the City’s Housing Element, 2021-2029 (Public Review Draft) to discuss – let alone address -- the City’s pattern or practice of zoning discrimination not only offends Government Code § 65008, but utterly fails to meeting the statutory requirements pursuant to Government Code § 65583(c)(10) regarding the City’s compliance with Government Code § 8899.50(a)(1) (“affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity . . . fostering and maintaining compliance with civil rights and fair housing laws.”)
Thank you for your consideration.
Jason Brewer
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
Application of City’s Regulation of Group Homes, Zoning Code Chapters XV and XVI 2010:
42,867
Dwellings in
Costa Mesa
2017:
99Sober Living Homes in
Costa Mesa
2018:
76 Applications
submitted by unlicensed
and licensed Sober
Living homes subject
Zoning Code Chapters
XV (14-13) or XVI (15-
11)
2018:
13 Permits Granted
under Zoning Code
Chapters XV (14-13) or XVI
(15-11)
2019:
14 Permits Granted under
Code Chapters XV (14-13) or XVI
(15-11)
Total for 2010:
42,867 dwellings
“Based on the most recent
data compiled by City staff,
there are approximately 99
sober living homes within
Costa Mesa. Of these, 38 are
located in single-family
neighborhoods and 61 are
within multi-family
residential zones.”
“The City has received
applications for 65 sober
living homes and 11
licensed treatment
facilities that are subject
to compliance with
Ordinance Nos. 14-13
and 15-11.”
“Twelve (12) sober living
homes serving six or fewer
residents have been
approved by the City, and
one sober living home
serving 13 men has been
approved.”
“Twelve sober living homes
serving six or fewer residents have
been approved by the City, and
two sober living homes serving
seven or more residents have
been approved by the City.”
(City Housing
Element, 2013-
2021, CityGP
248)
(City PCAR, 08/28/2017, City
12946; City PCAR,
08/28/2017, City 12748)
(City PCARs,
01/08/2018, City 8132,
7494, 6928, 9975,
10670; City PCARs,
07/08/2018, City 11972,
11448)
(City PCARs, 01/08/2018,
City 8132, 7494, 6928,
9975, 10670; City PCARs,
07/08/2018, City 11972,
11448)
(City PCAR, 02/11/2019, City
13504)
42,867 99/42,867 = 0.002% 76/99 = 77% • 13/76 = 17%
• 13/99 = 13%
• 13/42,867 = 0.0003%
• 14/76 = 18%
• 14/99 = 14%
• 14/42,867 = 0.0003%
Group Homes Cited WEB
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
1 10/04/16 16th Pl. 413 40883 Course LLC Stay the2 10/04/16 16th Pl. 4134 40884 Flower Cypress3 06/01/16 18th E. 116 41475 Grant Sherry4 04/08/19 18th St. E 235 40735 Alexander LLC Walton5 04/08/19 18th St. E 235 40736 Recovery LLC Raw6 04/08/19 18th St. E 241 40737 Alexander LLC Walton7 04/08/19 18th St. E 241 40738 Recovery LLC Raw8 03/15/19 18th St. E 235 40727 Treatment Svces. Northbound9 03/15/19 18th St. E 235 40728 Recovery LLC Raw 10 03/15/19 18th St. E 235 40729 Alexander LLC Walton11 03/15/19 18th St. E 241 40730 Treatment Svces. Northbound12 03/15/19 18th St. E 241 40731 Recovery LLC Raw13 03/15/19 18th St. E 241 40732 Alexander LLC Walton14 02/05/19 18th St. E 235 40707 Alexander LLC Walton15 02/05/19 18th St. E 235 40708 Treatment Svces. Northbound16 02/05/19 18th St. E 235 40709 Recovery LLC Raw17 02/05/19 18th St. E 241 40710 Alexander LLC Walton18 02/05/19 18th St. E 241 40711 Treatment Svces. Northbound19 02/05/19 18th St. E 241 40712 Recovery LLC Raw20 10/04/16 18th St. W 679 40881 Saywitz Prop. One Barry21 10/04/16 18th St. W 679 40882 The Discovery Houses Morningside Recovery22 11/07/16 18th W. 679 41570 Morningside Recovery LLC Discovery Houses23 11/07/16 18th W. 685 41571 Discovery Houses Morningside Recovery24 11/29/16 18th W. 679 40351 Saywitz Properties One Barry25 11/29/16 18th W. 679 40353 LLC/Discovery Houses Morningstar Recovery26 12/01/16 18th W. 685 40356 LLC/Discovery Houses Morningstar Recovery27 12/01/16 18th W. 685 40358 Properties Two Barry Saywitz28 02/12/19 19th St. W 864 20399 Photoglou Living Trust Mark29 11/07/16 19th W 679 41572 Properties One Barry Saywitz30 10/13/16 21st E 175 41560 Norwood Kenneth31 07/20/16 23rd 160 41652 Recovery LLC Windward Way32 07/20/16 23rd 160 41654 LLC DZ33 07/21/16 23rd 165 41655 Garden LLC Aunties34 07/21/16 23rd 165 41656 Recovery LLC Windward Way CCMC SECT. CITED AMOUNT
9-372, 13-26, 13-323, 20-12 45013-26, 13-311 45013-26, 9-372 30013-26, 20-12(ii), 13-323 1,500.0013-26,20-12(ii), 13-323 1,500.0013-26, 20-12(ii), 13-323 1,500.0013-26, 20-12(ii), 13-323 1,500.0020-12(ii), 13-26, 13-323 900.0013-26, 20-12(ii), 13-323 900.0013-26, 13-323, 20-12(ii) 900.0020-12(ii), 13-26, 13-323 900.0013-26, 20-12(ii), 13-323 900.0013-26, 13-323, 20-12(ii) 900.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.009-372, 13-26 6009-372, 13-26 6009-372, 13-26, 13-323, 20-12 12009-372, 13-26, 13-323, 20-12(ll) 12009-372, 13-26, 13-323, 20-12 (ll) 20009-372, 13-26, 13-323, 20-12 (ll) 20009-372, 13-26, 13-323, 20-12 20009-372, 13-26, 13-323, 20-12 2000105.1, 20-12(ii), 13-105(a), 20-6(o), 13- $2,100.009-372, 13-26, 13-323, 20-12(ll) 12009-372, 13-26, 13-323, 20-12 120013-26, 9-372 45013-26, 9-372, 20-12 45013-26, 9-372, 20-12 60013-26, 9-372, 20-12(ii), 20-12 (hh) 600
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
35 03/05/18 Adams Avenue 1650 40664 n/a Clean Path Recovery LLC 36 02/05/19 Albert Pl 114 40705 Recovery LLC Windward Way37 02/05/19 Albert Pl 114 40706 Place Properties LLC Albert Pl38 04/05/18 Albert Place 114 40117 n/a Albert Place Poroperties, LLC39 04/05/18 Albert Place 114 40116 n/a Windward Way Recovery LLC40 02/20/18 Albert Place 114 40945 n/a Winward Way Recovery, LLC41 02/20/18 Albert Place 114 40947 n/a Albert Place Properties, LLC42 07/21/16 Alder 2527 41660 Horluchi Ellen43 07/26/16 Anaheim 1769 41661 Yates Raymond44 07/26/16 Anaheim 1769 41663 Recovery LLC Morningside45 07/27/16 Anaheim 1865 41665 Harold Jusine46 09/09/16 Anaheim 1769 40875 Yates Raymond47 04/16/18 Anaheim Avenue 2216 40960 n/a Playa House Inc48 03/08/18 Anaheim Avenue 2216 40104 Pourmalek Reza49 06/22/16 Babb 2959 41949 Moheimani Assad50 04/12/19 Bernard Street 544 40739 Assets LLC Enclave51 04/12/19 Bernard Street 544 40740 Recovery LLC Dream52 09/05/18 Cabrillo Street 200, 202, 204, 206 40691 Connor Alice53 09/05/18 Cabrillo Street 200, 202, 204, 206 40690 n/a Pacific Sho9res Recovery LLC54 08/28/18 Cabrillo Street 200, 202, 204 206 40423 Connor Alice55 08/28/18 Cabrillo Street 200, 202, 204 206 40423 Connor Alice56 08/17/18 Cabrillo Street 200 202 204 206 41709 n/a Pacific Shores Recovery LLC57 08/17/18 Cabrillo Street 200 202 204 206 41710 Connor Alice58 01/25/18 Canadian Drive 3159 40927 I, LLC CDM Housing59 06/12/18 Cecil Place 208 40462 n/a SoCal Recovery60 06/12/18 Cecil Place 208 40460 n/a VDP Properties LP61 03/19/18 Center Street 725 40110 n/a Asana Recovery62 03/19/18 Center Street 725 40109 Malili Daniel63 05/25/16 Cheyenne 1055 41948 Care Service Guardian Health64 05/09/18 E. 16th Place 271 40678 n/a Carr Timothy WTW Revoc Tr65 05/09/18 E. 16th Place 271 40677 n/a Casa Capri LLC66 05/09/18 E. 16th Place 269 40676 Irani Zackary67 05/09/18 E. 16th Place 269 40675 n/a Casa Capri LLC68 04/27/18 E. 16th Place 271 40024 n/a Carr Timothy WTW Revoc Tr69 04/27/18 E. 16th Place 271 40023 n/a Casa Capri LLC70 04/27/18 E. 16th Place 269 40022 Irani Zackary71 04/27/18 E. 16th Place 269 40021 n/a Casa Capri LLC CCMC SECT. CITED AMOUNT
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 150013-26, 20-12 (ii), 13-323 1,500.0020-12(ii), 13-26, 13-323 500.0013-35, 13-26, 20-12 (ii), 13-323, CBC 120013-35, 13-26, 20-12 (ii), 13-323, CBC 120013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-26, 9-372 45013-26, 13-311 30020-12, 13-26, 13-311 45020-12, 13-311 45020-12, 13-30(7.1), 13-311, 13-26 105013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 13.200.88,13-311, 2012 75013-323, 13-26, 20-12(ii), 13-30, 105.1 750.0013-323, 13-26, 20-12(ii) 450.0013-26, 13-323, 20-12 (ii) 150013-26, 13-323, 20-12 (ii) 150020-12 (ii), 13-323, 13-26 90020-12 (ii), 13-323, 13-26 90013-26, 13-323, 20-12(ii) 45013-323, 13-26, 20-12(ii) 45013-311, 13-26, 20-12 (ii) 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-200.88, 13-311, 13-26, 20-12 60013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 900
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
72 04/19/18 E. 16th Place 271 40016 n/a Carr Timothy W T W Revoc 73 04/19/18 E. 16th Place 269 40015 Irani Zackary74 04/19/18 E. 16th Place 271 40013 n/a Casa Capri LLC75 04/19/18 E. 16th Place 269 40012 n/a Casa Capri LLC76 06/22/18 E. 21st Street 175 40972 Norwood Kenneth77 06/22/18 E. 21st Street 175 40971 n/a SoCal Recovery78 06/12/18 E. 21st Street 175 40464 Norwood Kenneth79 06/12/18 E. 21st Street 175 40463 n/a SoCal Recovery80 06/04/18 E. 21st Street 175 40459 Norwood Kenneth81 11/26/18 E. Wilson Street 131 42317 Walton Keith L.82 10/26/18 E. Wilson Street 125 42315 n/a Northbound Treatment Services83 10/26/18 E. Wilson Street 125 42316 Walton Keith L.84 10/26/18 E. Wilson Street 131 42318 Walton Keith L.85 10/08/18 E. Wilson Street 125 42300 Walton Keith L.86 10/08/18 E. Wilson Street 125 42301 n/a Northbound Treatment Services87 10/08/18 E. Wilson Street 131 42302 Walton Keith L.88 10/08/18 E. Wilson Street 131 42303 n/a Northbound Treatment Services89 08/06/18 E. Wilson Street 131 40469 n/a Northbound Treatment Services90 08/06/18 E. Wilson Street 125 40470 n/a Northbound Treatment Services91 08/06/18 E. Wilson Street 125 40466 Walton Keith L.92 08/06/18 E. Wilson Street 131 40471 Walton Keith L.93 11/30/16 Elden 2214 41345 Ohio House LLC Branden Stump94 11/30/16 Elden 2214 41346 Cefalia James95 10/12/17 Flower St. 268 40950 Johnson Gary Richard96 10/12/17 Flower St. 268 40951 & Wellness RAW Recovery97 02/08/18 Flower Street 268 40037 n/a Raw Recovery LLC98 02/08/18 Flower Street 268 40038 Johnson Gary Richard99 01/30/18 Flower Street 268 40029 Johnson Gary Richard 100 01/30/18 Flower Street 268 40031 n/a Raw Recovery LLC101 10/15/18 Fordham Drive 2372 42307 Pedriana Mical D.102 02/05/18 Fordham Drive 2372 40937 Pedriana Mical103 05/19/16 Grant 3044 41338 Rosenbaum Melvin104 05/19/16 Grant 3044 41340 Care Services Guardian Health105 03/19/18 Grant Avenue 3044 40111 n/a D'Amore Healthcare106 03/19/18 Grant Avenue 3044 40113 Rosenbaun Carolyn107 03/16/18 Harbor Boulevard 2374 #104 42416 n/a ZMV Partnership108 06/22/18 Hudson Avenue 783 40549 Norwood Kenneth CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 60020-12 (ii), 13-323, 13-26, 13-93 ( e ) 60013-323, 13-26, 20-12 (ii), 13-93 ( e ) 60013-323, 13-26, 20-12 (ii), 13-93 ( e ) 60013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 150013-26, 20-12 (ii), 13-323 90013-26, 20-12(ii), 13-323 90013-26, 20-12(ii), 13-323 90013-26, 20-12(ii), 13-323 40013-26, 20-12 (ii), 13-323 45013-26, 20-12(ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-26, 20-12 (ii), 13-323 45013-26, 13-200.88, 13-311, 20-12 6009-372, 13-26, 13-323, 20-12 60013-26, 13-311, 20-12(ii) 45013-26, 13-311, 20-12(ii) 45013-26, 13-311, 20-12 ( e ), 20-12 (ii) 165013-26, 13-311, 20-12 (ii), 20-12 ( e ) 165013-26, 13-311, 20-12 (ii) 45013-26, 13-311, 20-12 (ii) 45013-311, 20-12(ii), 13-26 45013-26, 20-12 (ii), 13-311 45013-26, 13-200.88,13-311,20-12 60013-26,13-200.88, 13-311, 20-12 60013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 45013-26, 13-311, 20-12 (ii) 1500
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
109 06/22/18 Hudson Avenue 783 40548 Shinder Darryl
110 06/15/18 Hudson Avenue 783 40543 Shinder Darryl111 06/15/18 Hudson Avenue 783 40542 Norwood Kenneth112 06/07/18 Hudson Avenue 783 40540 Shinder Darryl113 06/07/18 Hudson Avenue 783 40541 Norwood Kenneth114 11/29/18 Jeffrey Drive 3018 40507 Investments LLC SSMS115 11/29/18 Jeffrey Drive 3016 40504 Services Inc National Theraputic116 11/29/18 Jeffrey Drive 3016 40505 Services Inc National Theraputic117 11/29/18 Jeffrey Drive 3018 40506 Services Inc National Theraputic118 11/21/18 Jeffrey Drive 3016 40497 n/a National Therapeutic Services119 11/21/18 Jeffrey Drive 3016 40498 n/a National Therapeutic Services120 11/21/18 Jeffrey Drive 3018 40500 n/a National Therapeutic Services121 11/21/18 Jeffrey Drive 3018 40501 n/a S5MS Investments LLC122 11/13/18 Jeffrey Drive 3016 40488 n/a National Therapeutic Services123 11/13/18 Jeffrey Drive 3016 40489 n/a National Therapeutic Services124 11/13/18 Jeffrey Drive 3018 40490 n/a National Therapeutic Services125 11/13/18 Jeffrey Drive 3018 40491 n/a S5MS Investments LLC126 01/18/18 Joann 647 42405 Perlin Richard127 01/18/18 Joann 653 42408 Perlin Richard128 01/18/18 Joann 647 42404 Stump Brandon129 01/18/18 Joann 653 42407 Stump Brandon130 09/23/16 Joann 594 42081 Benton Earl131 02/08/18 Joann Street 647 40938 Stump Brandon132 02/08/18 Joann Street 647 40939 Perlin Richard133 02/08/18 Joann Street 653 40940 Stump Brandon134 02/08/18 Joann Street 653 40941 Perlin Richard135 01/29/18 Joann Street 647 40929 Stump Brandon136 01/29/18 Joann Street 647 40930 Perlin Richard137 01/29/18 Joann Street 653 40931 Stump Brandon138 01/29/18 Joann Street 653 40933 Perlin Richard139 09/06/16 Johnson 3063 41555 Peacock Nancy140 11/29/18 Knox Street 268 40502 Recovery LLC Raw141 11/29/18 Knox Street 268 40503 Douglas L Trust Allenthrop142 11/21/18 Knox Street 268 40495 n/a Raw Recivery LLC143 11/21/18 Knox Street 268 40496 n/a Allenthrop Douglas L Trust144 11/13/18 Knox Street 268 40492 n/a Raw Recovery LLC145 11/13/18 Knox Street 268 40493 n/a Allenthrop Douglas L Trust CCMC SECT. CITED AMOUNT
13-26, 13-311, 20-12 (ii) 150020-12(ii), 13-26, 13-311 90020-12 (ii), 13-26, 13-311 90020-12 (ii), 13-26, 13-311 45013-26, 13-311, 20-12 (ii) 45013-323, 13-26, 20-12(ii) 1,500.0013-323, 13-26, 20-12(ii) 1,500.0020-12(ii) 13-323-13-26 1,500.0013-323, 13-26, 20-12(ii) 1,500.0020-12(ii), 13-323, 13-26 90013-323, 13-26, 20-12(ii) 90013-323, 13-26, 20-12(ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12(ii) 45013-26, 13-323, 20-12 (ii) 45013-323, 13-26, 20-12(ii) 45013-323, 13-26, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-311, 13-36, 20-12(ii) 45013-26, 13-311, 20-12 15013-311, 13-36, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 150013-311, 13-26, 20-12 (ii) 90013-311, 13-26, 20-12 (ii) 90013-311, 13-26, 20-12 (ii) 90013-311, 13-26, 20-12 (ii) 90013-26, 9-372 15013-323, 13-26, 20-12(ii) 1,500.0013-323, 13-26-20-12 (ii) 1,500.0013-323, 13-26, 20-12(ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12(ii) 45020-12(ii), 13-26, 13-323 450
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
146 01/25/18 La Salle 2829 40928 Oded Ben-Ezer
147 05/19/16 La Salle 2829 41336 Riley Sheldon148 05/19/16 La Salle 2829 41337 Family Trust Ben Ezer149 07/21/16 La Salle 2876 42035 Arellana Margarita150 02/16/18 Marseilles Way 2450 40040 n/a Lotus Place Recovery LLC151 02/16/18 Marseilles Way 2450 40041 Ulanovsky Mark D.152 05/10/18 Mckinley Way 3124 40527 n/a Playa House, Inc.153 05/10/18 Mckinley Way 2124 40526 n/a Martin Stefani/Martin Tom154 04/16/18 Mendoza Drive 2869 40961 n/a Clean Path Recovery LLC155 04/15/18 Mendoza Drive 2869 40962 n/a Lucy Lee Holdings LLC156 03/12/18 Mendoza Drive 2869 40107 n/a Lucy Lee Holdings, LLC157 03/12/18 Mendoza Drive 2869 40106 n/a Clean Path Recovery, LLC158 02/05/18 Mendoza Drive 2869 40935 Heiligman Lee159 02/05/18 Mendoza Drive 2869 40936 Lucy Lee Holdings LLC160 07/27/16 Monte Vista 298 41667 Scholten Hendrik161 02/01/19 Olympic Ave. 13741 40701 Nicolau Kevin & Tiffany162 02/01/19 Olympic Avenue 13741 40700 N/A REMY OC LLC163 09/05/18 Oranage Avenue 1509 40692 n/a Nexgen Management LLC164 08/14/18 Oranage Avenue 1509 41706 n/a Hotel California by the Sea LLC165 06/29/16 Orange 2412 41961 Maurer Wendy166 07/11/16 Orange 2558 41967 Saywitz Barry167 07/12/16 Orange 2558 41971 Lodges Inc. The168 07/13/16 Orange 1513 42080 by the Sea LLC Hotel California169 07/15/16 Orange 1775 42032 Recovery LLC Morningside170 07/18/16 Orange 1897 42033 Zumwalt Richard & Nanette171 07/18/16 Orange 1897 42034 Center Lead Recovery172 08/09/16 Orange 2412 40575 Giddings Mark & Christy173 08/09/16 Orange 2412 40576 Maurer Wendy174 08/19/16 Orange 2558 40583 Saywitz Barry175 08/19/16 Orange 2558 40584 LLC Morningside Recovery176 09/07/16 Orange 2558 40591 Saywitz Barry177 10/13/16 Orange 2558 40596 LLC Morningside Recovery178 10/14/16 Orange 2558 40597 LLC Morningside Recovery179 11/01/16 Orange 2558 40602 LLC Morningside Recovery180 10/11/17 Orange Ave. 1509 40054 Mangement LLC NexGen181 10/11/17 Orange Ave. 1509 40056 By the Sea Hotel California182 11/01/18 Orange Avenue 2417 41693 n/a Northbound Treatment Services CCMC SECT. CITED AMOUNT
13-311, 13-26, 20-12 (ii) 45013-26,13-200.88, 13-323, 9-372, 20-12 60012-26, 13-200.88, 13-311, 20-12 60013-26, 20-12(ii), 9-372, 20-12(hh) 15013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-311, 20-12 (ii) 45013-26, 13-311, 20-12 (ii) 45013-26, 20-12 (ii), 13-323, CBC 105.1 200013-26, 20-12 (ii), 13-323, CBC 105.1 200013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 150013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 150013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 75013-26, 20-12 (ii), 13-323, 20-12 (n), CBC 75013-26, 9-372 15013-26, 20-12(ii), 13-311 450.0013-26, 20-12(ii), 13-311 450.0013-26, 13-323, 20-12(ii) 150020-12 (ii), 13-26, 13-323 90013-26, 13-200.88, 13-311, 20-12 120013-26, 13-311, 20-(ii) 15013-26,9-372,20-12(ii), 20-12(hh) 45013-26, 13-311, 20-12 45013-26,9-372,20-12(II), 20-12 (hh) 60013-26, 9-372, 2042(ii), 20-12(hh) 60013-26, 20-12(ii), 9-372, 20-12(hh) 60013-26, 13-311, 20-12(ll) 150013-26,20-12(ii), 13-311 150013-26, 9-372, 20-12(ll) 9009-372, 13-26, 20-12(ll) 4509-372, 13-26, 20-12(ll) 15009-372, 13-26, 20-12(ll) 9009-372, 13-26, 2012(ll) 9009-372, 13-26, 20-12 150013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12(ii) 45013-26, 20-12 (ii), 13-323 1500
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
183 11/01/18 Orange Avenue 2417 41694 n/a Orange Acres LLC 184 10/26/18 Orange Avenue 2417 40480 n/a Northbound Treatment Services185 10/26/18 Orange Avenue 2417 40481 n/a Orange Acres LLC186 10/16/18 Orange Avenue 2417 41685 n/a Orange Acres LLC187 10/16/18 Orange Avenue 2417 41686 n/a Northbound Treatment Services188 09/05/18 Orange Avenue 1509 40694 n/a Hotel California by the Sea LLC189 08/14/18 Ornage Avenue 1509 41705 n/a Nexgen Management LLC190 05/30/19 Pamela Lane 2258 40747 Family Trust Boctor191 01/08/19 Paularino Ave. 959 40513 House Inc. Playa192 01/08/19 Paularino Ave. 959 40514 Dalal Abedrabo193 12/10/18 Paularino Avenue 949 40509 House Inc Playa194 12/10/18 Paularino Avenue 959 40510 Dalal Abedrabo195 10/08/18 Paularino Avenue 959 41681 Dalal Abe drabo196 10/08/18 Paularino Avenue 959 41683 n/a Playa House, Inc.197 06/13/16 Pierpoint 598 41956 Moheinani Gina198 12/07/17 Plumer 697 40018 Recovery Pillars199 12/07/17 Plumer 697 40019 LLC Heathers-Plumer200 10/24/17 Plumer 697 40003 Recovery Pillars201 10/24/17 Plumer 697 40004 Plumer LLC Heathers202 10/09/18 Plumeria Place 3465 40477 n/a Nguyen Loc Van/ Nguyen Hong203 10/09/18 Plumeria Place 3465 40478 n/a Mainstay Recovery LLC204 10/13/16 Pomona 2162 41558 Martin Jose Roma & Maria G205 10/17/16 Pomona 1798 40598 Properties One LLC Barry Saywitz206 10/17/16 Pomona 1798 40599 LLC Morningside Recovery207 03/20/18 Pomona Ave 2265 B 2267 B 42417 n/a Clean Path Recovery LLC208 03/20/18 Pomona Avenue 2275 2277 42420 n/a Lucy Lee Holdings LLC209 03/20/18 Pomona Avenue 2275 2277 42419 n/a Clean Path Recovery LLC210 03/20/18 Pomona Avenue 2265 B 2267 B 42418 n/a Pomona Assoc CM LLC211 03/05/18 Pomona Avenue 2275 2277 40668 n/a Lucy Lee Holdings LLC212 03/05/18 Pomona Avenue 2275 2277 40667 n/a Clean Path Recovery LLC213 03/05/18 Pomona Avenue 2265 B 2267 B 40666 n/a Pomona Assoc CM LLC214 01/30/18 Pomona Avenue 2265 (Unit B) 2267 40032 n/a Clean Path Recovery LLC215 01/30/18 Pomona Avenue 2265 (Unit B) 2267 40033 CM LLC Pomona Association216 01/29/18 Pomona Avenue 2275 2277 40026 n/a Lucy Lee Holdings LLC217 01/29/18 Pomona Avenue 2275 2277 40028 n/a Clean Path Recovery LLC218 03/24/17 Royce 3044 40885 Brown Gillian219 11/07/18 San Bernardino Place 1589 40482 n/a The Ohio House, LLC CCMC SECT. CITED AMOUNT
13-26, 20-12(ii), 13-323 150013-26, 20-12(ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12, 13-323 45013-26, 20-12, 13-323 45013-26, 13-323, 20-12 (ii) 150013-26, 13-323, 20-12 (ii) 90013-26, 20-12(ii), 13-323 450.0020-12(ii), 13-26-13-311 1,500.0020-12(ii), 13-20, 13-311 1,500.0020-12(ii), 13-26, 13-311 900.0020-12(ii), 13-26, 13-311 900.0013-311, 20-12 (ii), 13-26 45013-311, 20-12(ii), 13-26 45013-226,13-200.88,13-323,9-372,20-12II 165013-26, 13-323, 20-12(ii) 90013-26, 13-323, 20-12(ii) 90013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12(ii) 45013-26, 20-12 (ii), 13-311 45013-26, 20-12 (ii), 13-311 4509-372, 13-26 6009-372, 13-26, 20-12(ll) 4509-372, 13-26, 20-12(ii), 45013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 250013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 250020-12, 13-26, 13-323, 20-12 (n), CBC 250013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 250013-26, 13-323, 20-12 Iii), 20-12 (n), CBC 150020-12 (ii), 13-26, 13-323, 20-12 (n), CBC 150013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 150013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 75013-26, 13-323, 20-12 (ii), 20-12 (n), CBC 75013-26, 13-323, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45013-26, 13-311 15013-26, 13-323, 20-12(ii) 1500
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
220 11/07/18 San Bernardino Place 1589 40483 n/a Barry Saywitz Properties One 221 11/07/18 San Bernardino Place 1578 40485 Fabrizio Pauri222 10/25/18 San Bernardino Place 1578 42311 n/a The Ohio House, LLC223 10/25/18 San Bernardino Place 158 42312 Fabrizio Panri224 10/25/18 San Bernardino Place 1589 42313 n/a The Ohio House, LLC225 10/25/18 San Bernardino Place 1589 42314 n/a Barry Saywitz Properties One226 09/10/18 San Bernardino Place 1578 41718 Fabrizio Pauri227 09/10/18 San Bernardino Place 1589 41715 n/a The Ohio House, LLC228 09/10/18 San Bernardino Place 1578 41717 n/a The Ohio House, LLC229 09/10/18 San Bernardino Place 1589 41716 n/a Barry Saywitz Properties One230 08/18/16 Santa Ana 2641 40581 LLC Bjormad LA231 08/18/16 Santa Ana 2641 40582 & Addiction Night Psychology232 10/13/16 Santa Ana 2641 40595 & Addiction Inc. Inshght Psychology233 05/31/18 Tours Lane 334 40454 n/a 334 Tourt Trust234 05/17/18 Tours Lane 336 40683 Anderson Joanne235 05/17/18 Tours Lane 336 40682 n/a Chadwick House LLC236 05/17/18 Tours Lane 334 40681 n/a 334 Tours Trust237 05/17/18 Tours Lane 334 40680 n/a Chadwick House LLC238 03/21/18 Tours Lane 336 40953 n/a Chadwick House LLC239 03/21/18 Tours Lane 336 40954 Anderson Joanne240 03/20/18 Tours Lane 334 42422 n/a Chadwick House LLC241 03/20/18 Tours Lane 334 42421 n/a 334 Tours Trust242 02/16/18 Tours Lane 334 40042 n/a Chadwick House LLC243 02/16/18 Tours Lane 334 40043 Kimmes Nancy244 02/16/18 Tours Lane 336 40044 n/a Chadwick House LLC245 02/16/18 Tours Lane 336 40045 Anderson Joanne246 07/11/16 Tulip 175 41965 Roya Rohanaki247 07/11/16 Tulip 175 41966 Recovery Inc. Compass Rose248 08/12/16 Tulip 175 40579 Roya Sohanaki249 08/12/16 Tulip 175 40580 Recovery Inc. Compass Rose250 08/31/16 Tulip 175 40587 Roya Sohanaki251 08/31/16 Tulip 175 40588 Recovery Inc. Congress Rose252 08/08/16 Tustin 2421 41973 Capital, LLC Evergreen Investment253 08/08/16 Tustin 2421 41974 Sabahi Sonni254 08/29/16 Tustin 2421 40585 Capital LLC Evergreen Investment255 08/29/16 Tustin 2421 40586 Sabahi Sonni256 09/13/16 Tustin 2421 40593 Capital LLC Evergreeen Invest.
CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii) 150013-323, 13-26, 20-12 (ii) 150013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12 (ii), 13-323 90013-26, 20-12(ii), 13-323 45013-26, 20-12(ii), 13-323 45013-26, 20-12(ii), 13-323 45013-26, 20-12(ii), 13-323 4509-372, 13-26, 13-23, 20-12 (ll) 6009-372, 13-26, 13-323, 20-12(n), 20-12(ll) 7509-372, 13-26, 20-12(ll) 120013-26, 13-322, 20-12 (ii) 150013-26, 13-322, 20-12 (ii) 150020-12 (ii), 13-26, 13-322 150013-26, 13-322, 20-12 (ii) 90013-26, 13-322, 20-12 (ii) 150013-26, 13-322, 20-12 (ii) 90013-26, 13-322, 20-12 (ii) 90020-12 (ii), 13-26, 13-322 90013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 13-322, 20-12 (ii) 45013-26, 9-372, 20-12(ii) 45013-26, 13-311, 20-12(ii) 45013-26, 13-311, 20-12(ll) 90013-26, 13-311, 20-12(ll) 90013-26, 13-311, 21-12(ll) 150013-26, 13-311, 2012(ll) 150013-26, 9-372, 20-12(ii) 75013-30, 13-26,13-200.88, 13-311, 20-12 75013-26, 13-30(9.1), 13-311, 20-12(ll) 120013-26, 13-30(9.1), 13-311, 20-12 120013-26, 13-30, 13-311-20-12(ll) 2000
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
257 09/13/16 Tustin 2421 40594 Sabahi Sonni
258 05/11/18 Tustin Avenue 2175 40531 n/a The Ohio House, LLC259 05/11/18 Tustin Avenue 2175 40530 n/a AQABA LLC260 04/05/18 Tustin Avenue 2175 40956 n/a 96 Discovery261 04/05/18 Tustin Avenue 2175 40957 n/a The Ohio House LLC262 02/27/18 Tustin Avenue 2175 42412 n/a AQABA LLC263 02/17/18 Tustin Avenue 2175 42413 n/a The Ohio House LLC264 06/02/16 Valencia 1009 41955 Recovery LLC Morningside265 07/07/16 Valencia 1009 41963 Saywitz Barry266 07/07/16 Valencia 1009 41964 Recovery LLC Morningstar267 08/10/16 Valencia 1009 40577 Saywitz Barry268 08/10/16 Valencia 1009 40578 LLC Morningside Recovery269 09/06/16 Valencia 1009 40589 Saywitz Barry270 09/06/16 Valencia 1009 40590 Recovery Inc. Monringside271 12/06/17 Victoria 310 40016 Cefalia James John272 10/31/17 Victoria 310 40009 Project Corp Sober Partners273 10/31/17 Victoria 310 40010 Cefalia James John274 06/20/18 Victoria Street 357 40547 Bartolone Damon275 06/20/18 Victoria Street 357 40546 n/a Windward Way Recovery LLC276 06/20/18 Victoria Street 351 40545 Bartolone Damon277 06/20/18 Victoria Street 351 40544 n/a Windward Way Recovery LLC278 06/12/18 Victoria Street 357 40197 n/a Windward Way Recovery, LLC279 06/12/18 Victoria Street 357 40196 Bartolone Damon280 06/12/18 Victoria Street 351 40194 n/a Windward Way Recovery, LLC281 06/12/18 Victoria Street 351 40193 Bartolone Damon282 06/04/18 Victoria Street 357 40538 n/a Windward Way Recovery LLC283 06/04/18 Victoria Street 357 40537 Bartolone Damon284 06/04/18 Victoria Street 351 40536 n/a Windward Way Recovery285 06/04/18 Victoria Street 351 40535 Bartolone Damon286 03/01/16 Virginia 120 41975 Burns Cindy287 04/08/19 Virginia Pl 175 40733 Treatment Svces. Northbound288 04/08/19 Virginia Pl 175 40734 Equities LLC Norah289 03/13/19 Virginia Pl 175 40725 Treatment Svces. Northbound290 03/13/19 Virginia Pl 175 40726 Equities LLC Norah291 02/05/19 Virginia Pl 175 40702 Treatment Svces. Northbound292 02/05/19 Virginia Pl 175 40704 Equities LLC Norah293 12/06/17 W. Bay Street, Unit S 431 40013 Recovery Services California Prime CCMC SECT. CITED AMOUNT
13-26, 13-30(a.1), 13-311, 20-12(ll) 200013-26, 13-323, 20-12 (ii) 150013-26, 13-323, 20-12(ii) 150013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45013-226,13-200.88,13-323,9-372,20- 75013-326, 13-200.88, 13-311, 20-12 60013-26, 9-372, 20-12(ii), 20-12 (hh) 45013-26, 9-372, 20-12(ll) 90013-26, 9-372, 20-12 (ll) 90013-26, 9-372, 20-12(ll) 15009-372, 13-26, 20-12(ll) 150013-26, 13-323, 20-12(ii) 90013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12(ii) 45013-26, 13-323, 20-12 (ii) 150013-323, 13-26, 20-12(ii) 150013-26, 13-323, 20-12 (ii) 150020-12 (ii), 13-26, 13-323 150013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 90013-26, 13-323, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 90013-323, 13-26, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45013-26, 13-323, 20-12 (ii) 45020-12 (ii), 13-26, 13-323 45013-30(9.1), 13-26, 13-200-.88, 13-311, 15013-26, 20-12(ii), 13-322 1,500.0020-12(ii), 13-26, 13-322 1,500.0013-26, 20-12(ii), 13-322 900.0013-26, 20-12(ii), 13-322 900.0013-26, 20-12 (ii), 13-322 450.0020-12(ii), 13-26, 13-322 450.0012-26, 20-12, 13-322 450
CITATION ISSUE DATE
VIOLATIONADDRESS
STREET NO. CITE NO. (LAST) FIRST NAME
294 12/06/17 W. Bay Street, Unit S 431 40014 C/O Robert Crossley 431 Bay Street, LLC 295 12/06/17 W. Coast Hwy., Suite 300 3101 40015 Project Corp Sober Partners296 05/02/19 Wallace Avenue 2068 40714 OC LLC Focus297 05/02/19 Wallace Avenue 2068 40715 Shores Recovery Sunset298 10/25/16 Wilson W 580 41564 Hilario Angel299 11/28/16 Wilson W 580 41573 Hilario Angel CCMC SECT. CITED AMOUNT
13-26, 20-12, 13-322 45013-26, 13-323, 20-12(ii) 90020-12(ii), 13-26, 13-323 450.0020-12(ii), 13-26, 13-323 450.009-372, 13-26, 13-323, 20-12 12009-732, 13-26, 13-323, 20-12(ll) 2000 Closed Operations WEB
Street Name Street No. Program Name Beds
1 16th Place 413 Clean Path Recovery 62
16th Place Reflections Recovery
Center
6 3
16th Place 491 South Coast Behavioral
Health
6 4 18th Street W 777 777 House 125 18th Street W 679 Discovery House 66 18th Street W 685 Discovery House 787 19th Street E 177 Agape House 68 Alder Lane 2527 New Family Solutions 69 Anaheim 2216 Playa House Unknown 10 Anaheim Avenue 1769 Morning Side Recovery 611 Anaheim Avenue 2216 Playa House Unknown12 Arbor Street 973 Solid Landings 613 Augusta 1180 Hampton Unknown14 Babb Street 2959 Unknown 1015 Bay St 431 Unknown16 Boston Way 3145 Solid Landings 1517 Bowling Green 273 Solid landings 618 Briar Rose 1631 Monarch Recovery 619 Cabrillo Street 218 Sober Sanctuaries, Inc. 1220 Canadian Drive 3159 Clean Path Recovery 621 Cassia Avenue 3107 Rock Solid 2222 Charleston St 1143 Solid Landings 823 Charleston St 1174 Solid Landings 624 Cheyenne Street 1055 Solid Landings 625 Conway 1252 Solid Landings 626 Coolidge Avenue 3004 Clean Path Recovery 627 Coolidge Avenue 3004 Solid Landings 1828 Dahlia Avenue 924 Solid Landings 629 Darrel 871 Solid Landings 630 Doctors Circle 2111 Unknown Street Name Street No. Program Name Beds
31 E. 18th St 166 Casa Capri Unknown
32 Flower 268 Unknown33 Gisler Avenue 1811 Solid Landings 634 Grant Avenue 3044 Solid Landings 635 Hamilton Street 394 Solid Landings 636 Hamilton Street 396 Unknown37 Hamilton Street 382 Solid Landings Unknown38 Harbor Boulevard, Unit 2374 Strong Woman Unknown39 Iowa Street 1804 Lotus Place Recovery 640 Joann Street 574 Unknown41 Joann Street 578 Unknown42 La Salle 2829 Unknown43 La Salle Avenue 2869 OC Recovery Unknown44 La Salle Avenue 2829 Solid Landings 645 Marseilles Way 2450 Lotus Recovery Unknown46 Marseilles Way 2450 Unknown47 Mendoza Avenue 2869 Clean Path Recovery Unknown48 Meyer Pl 2012 Unknown Unknown49 Monte Vista Avenue 291 Unknown 650 Monterey Avenue 2822 Solid Landings 651 Nebraska Place 3238 Healing Path 452 Olympic Ave 13741 Unknown Unknown53 Olympic Avenue 13741 Solid Landings 654 Orange Avenue 1513 Hotel California by the Sea 655 Orange Avenue 1775 Morning Side Recovery 1256 Orange Avenue 1965 Solid Landings 657 Orange Avenue Unit A 2379 Balboa Horizons Unknown58 Orange Avenue Unit B & 2379 Balboa Horizons Unknown59 Pamela Ln 2264 The Book House 1660 Paularino Ave 959 Playa House 661 Paularino Avenue 778 Agape House 662 Placentia Ave., Unit B 2190 Unknown63 Placentia Avenue 2212 A-D
2218 A-D
Heritage House
Unknown
Street Name Street No. Program Name Beds
64 Plumer Street 697 Pillars Recovery 15
65 Plumer Street 697 Solid landings 1566 Plumeria Place 3465 Mainstay Recovery 667 Pomona Avenue 1827 Clean Path Recovery 1368 Pomona Avenue 2220 Safe Harbor Treatment
Center For Women
6 69 Raleigh Avenue 2186 Agape House 670 Republic Avenue 2131 Sam's House 671 San Bernardino 1589 Ohio House 772 San Bernardino 1578 Ohio House 873 Sturgeon Dr 506 Time 2 Care llc 674 Trinity Drive 3066 Camilla's Recovery 675 Valencia Street 1009 Morning Side 2476 Velasco Lane 2866 Easy Way Out LLC Unknown77 Victoria St. 357 Windward Way Unknown78 Victoria St. 351 Windward Way Unknown79 Victoria Street 310 Sober Partners 2480 Victoria Street 310 Sober Partners Project Unknown81 Virginia Place 132 Sober Living House 682 W. Bay Street 431 California Prime Recovery Unknown83 Walnut 271 Solid Landings 6
ARIOS, JUSTIN
From: Keith Randle <[email protected]>
Sent: Monday, September 20, 2021 1:53 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; Garrett M. Prybylo; Isaac R. Zfaty; Housing Element; [email protected]; [email protected]; Keith Randle Subject: Formal Complaint of Discrimination by the City of Costa Mesa California Code 65000 et,al.
Attachments: HCD Discrimination Complaint City of Costa Mesa _000163.pdf; HCD letter to City of Anaheim_ 000165.pdf; HCD City of Costa Mesa Resolution NO 18-16_000157.pdf; HCD City of Costa Mesa Conditionals of approval_000158.pdf; HCD City of Costa Mesa Letter dasted July 20 2018 from Sheri Vander Dussen_000159.pdf; HCD City of Costa Mesa Letter dasted August 7th From Fidel Gamboa with operatort permit application_000160.pdf; HCD City of Costa Mesa Letter datted September 9, 2021 from Sheri Vander Dussen re operators permitt_000162.pdf 0Shannan
I am sending this formal compliant (attached) against the City of Costa Mesa. The City is violating California Code 65000 et.al, including 65008, 65580 and 65585
Time is of the essence. I ask you to review the attachments and that you send a cease and desist letter, similar to the one you sent to the cities of Anaheim (attached) and Encinitas earlier this year. I also request that you put a halt to the issuing of Costa Mesa's Housing Element.
I will also send you a hard copy to you at:
2020 W El Camino Ave, Suite 500 Sacramento Ca. 95833. If you have a different mailing address let me know.
Please acknowledge receipt of this email to [email protected] I appreciate you looking into this matter.
Keith Randle
http://www.summitcoastalliving.com
949 689-8880
2100 Highland Drive
Newport Beach Ca 92660
There are 7 attachments
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ARIOS, JUSTIN
From: Keith Randle <[email protected]>
Sent: Thursday, September 23, 2021 3:44 PM
To: [email protected]; [email protected]; Housing Element Subject: Fw: City of Costa Mesa Discrimination against Sober Hosuing and violation of Housing Element Attachments: HVD follow up letter to John Bruenner STATE of Ca._000168.pdf Keith Randle Broker Associate Villa Real Estate 949.689.8880 Cell 949.698.1288 Office [email protected] BRE # 00993898
----- Forwarded Message -----
From: Keith Randle <[email protected]>
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Sent: Thursday, September 23, 2021, 03:37:52 PM PDT
Subject: City of Costa Mesa Discrimination against Sober Hosuing and violation of Housing Element John,
As requested by you I am following you with the synopsis we discussed in detail yesterday.
I have also copied the City of Costa Mesa.
Thanking you in advance for your help on this urgent matter Keith Randle
Summit Coastal Living
949 689-8880
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
ARIOS, JUSTIN
From: Anne Paulson <[email protected]>
Sent: Friday, October 22, 2021 11:42 AM
To: Housing Element; [email protected]
Subject: Comments on Costa Mesa's Draft Housing Element Dear Costa Mesa,
Thanks for the opportunity to comment on Costa Mesa's Draft Housing Element. It has virtues, but also flaws.
ADUs
Costa Mesa permitted 10 ADUs a year the last three years. It is predicting 107 a year for the next cycle. Costa Mesa permitted 4 ADUs in 2018, 6 in 2019, and 19 in 2020, an average of 10 a year. They’re predicting 858 a year for the 6th Cycle. Page B-11 of the Housing Element says, “The City of Costa Mesa has determined based on past performance and the SCAG/HCD approved methodology that it is appropriate to anticipate the development of 858 accessory dwelling units from 2021 to 2029.” HCD has not approved a methodology that allows cities to project ten times as many ADUs as they have been permitting.
Residential Development Constraints
Costa Mesa analyzes its residential development standards and concludes that none are constraints on development.
Costa Mesa requires two parking spaces, ~640 square feet, for a studio apartment; a typical studio apartment is around 500-600 square feet. And Costa Mesa claims, without any evidence, that this requirement doesn’t make modest studio apartments financially infeasible.
In other words, Costa Mesa requires more space for parking for a studio apartment than for people living in the apartment, and says that’s not a constraint on building studio apartments. Costa Mesa’s justification is that they’re no worse than other nearby jurisdictions. But those other jurisdictions also are failing to build enough housing.
The neighboring jurisdictions’ residential development standards are burdensome and excessive, and so are Costa Mesa’s.
Site Inventory
Costa Mesa plans most of its new housing on five big nonvacant sites: Fairview Development Center, Sakioka Lot 2, Home Ranch, South Coast Plaza, and Pacific Arts Plaza. The city says the owners have indicated there is the potential for future housing development on each of these sites. However, “potential for future housing development” does not forestall the possibility that these sites might not be redeveloped, or might be redeveloped as something other than housing. The city is required to discount the number of units expected from a non-vacant site, if the site might not be redeveloped for housing. The number of units expected from the big housing sites is inflated, because the city did not discount as it is required to do.
The Draft Housing Element must be revised to deal with these issues. --
-- Anne Paulson
It isn't a contest. Enjoy the ride.
Fighting for a future of abundant housing in Orange County peopleforhousing.org
Ms. Minoo Ashabi, Principal Planner
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: Initial Comments to Draft Housing Element dated August 2021City of Yorba Linda October 13th, 2021
RE: Initial Comments to Draft Housing Element dated August 2021 Dear Ms. Ashabi:
Congratulations on the completion of the 6th Cycle housing element draft. We commend the city for completing its draft early and providing ample time for public comment. In conjunction with the Campaign for Fair Housing Elements, we have reviewed your draft housing element and would like to share the following feedback:
1) We are concerned about ADU projections that appear overly optimistic: Your housing element anticipates 858 ADUs, which is an estimated 107 per year during the 6th cycle planning period. This seems unrealistic. HCD has described two “safe harbors” for estimating ADU production (p. 31, Housing Element Site Inventory Guidebook). In the first safe harbor, the city may use the trend in ADU construction since January 2018; as Costa Mesa permitted 4 ADUs in 2018, 6 in 2019 and 19 in 2020, that trend is about 10 ADUs per year or 80 for the next eight year planning period. For the second safe harbor, the city would use five times the construction trend prior to 2018. From 2013-2017, Costa Mesa permitted 8 eight ADUs, or about 2 a year. Five times two is 10, so the second safe harbor yields the same result, about 10 ADUs a year. We do not feel that the city adequately justified a projection of well over ten times the safe harbors.
1 2) The majority of small sites identified for affordable housing (that are not part of a larger parcel or development proposal) are in Latino, low income neighborhoods or existing commercial areas. Have you considered opening up other areas for development, particularly near high performing schools? Legislation like SB 9 and SB 10 provides opportunities for infill development in high opportunity communities. Implementing some of these guidelines would go a long way to desegregating housing in Costa Mesa.
3) The Fairview Developmental Center (FDC) is owned by the state and was included on the last Housing Element, but no housing has been developed. We are not aware of a commitment from the state to developing it as affordable housing.
Assuming that 920 homes of the 2300 proposed (40%) will be low-income affordable is overly optimistic without an agreement in place. According to the Kennedy Commission, 20% low income is a more realistic figure based on SB 82.
We suggest revising it to reflect that input.
4) We commend the city for seeking out discussions with property owners interested in developing their properties for very-low and low-income housing through the planning period. However, for the remaining sites (for which no interview was conducted), the city says it does not have access to private party lease agreements or other contractual agreements among private parties. Under these circumstances, the safe assumption would be to assume zero likelihood of redevelopment for those sites; however the city does not do that. The assumption is that the sites will turn over even without any evidence to support it. 5) This lack of analysis, coupled with the uncertainty of the FDC and the development agreements encumbering low-income housing on the other major sites (Sakoika Fighting for a future of abundant housing in Orange County peopleforhousing.org 2
Lot 2, Home Ranch, and Pacific Arts Plaza) leads us to the conclusion that there are insufficient sites for affordable housing. We would advise the city to increase the number sites for low and very low income housing to enable a buffer for low income housing. There is currently a sufficient buffer for moderate and above moderate (market rate). We advise the city to create a buffer for low income housing; 15-30% is the HCD-recommended buffer.
6) We take issue with the assumption that the city’s development standards, particularly parking requirements, are not a constraint. Costa Mesa’s parking requirements are onerous. The city requires 2 parking spaces for a studio apartment and 3 parking spaces for a two-bedroom apartment. These are burdensome parking requirements, and are a barrier to reducing the cost of housing, both market-rate and affordable.
7) Lastly, Measure Y, the requirement that development proposals over 40 units must be approved by voters is the single largest barrier to new housing development in the city. The city is indeed caught in a bind, having to defend a bad policy that inhibits the ability to comply with state law. Therefore we recommend that you take action to explicitly exempt any development project that includes low, very low or extremely low income housing.
Thank you for all of your efforts to create a fair and legally compliant housing element. As frequent attendees in community meetings, we understand the city council has many difficult choices to make with regard to its 6th Cycle Housing Element. We encourage the city council to do what is right, even if it is unpopular, Fighting for a future of abundant housing in Orange County peopleforhousing.org 3
and to develop an exemplary housing element that will comply with both the spirit and letter of state housing element law.
Sincerely,
Elizabeth Hansburg
Co-Founder & Director
People for Housing Orange County is a network of housing advocates fighting for more inclusive housing policies in Orange County’s high opportunity communities. By legalizing the construction of multifamily housing, streamlining the permitting of all housing, increasing funding for subsidized affordable housing, we believe a future of abundant housing is possible. We envision an integrated society where every person has access to a safe, affordable home near jobs, services, and opportunity.
Fighting for a future of abundant housing in Orange County peopleforhousing.org 4
ARIOS, JUSTIN
From: Jennifer Hope DesRochers Webster <[email protected]> Sent: Friday, October 8, 2021 9:41 PM
To: Housing Element
Subject: Feedback: Housing Element Update - Westside overcrowding Feedback: Housing Element Update
Response-Westside Costa Mesa is overwhelmed with too much population. Too many cars. Not enough parking.
People walk a block or more away from home to find parking.
Please implement this information.. dense housing with apartments & Multi family housing are over crowding the Westside. Please reconsider increased housing “outside” district #4 Ie the west side.
Sincerely,
Jennifer Webster
Westside Resident 30 yrs since September 1988
--
Jennifer Hope Webster "To know God and Make Him known. Be filled with love, joy, peace, patience, kindness, goodness, faithfulness and self-control in the power and might of the Fruit of the Holy Spirit" Bible -My purpose statement
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ARIOS, JUSTIN
From: Gonzalez Romero, Arysa (TRBL) <[email protected]> Sent: Monday, November 15, 2021 8:31 AM
To: Housing Element
Subject: City of Costa Mesa 2021-2029 6th Cycle Housing Element Update Greetings,
A records check of the Tribal Historic preservation office’s cultural registry revealed that this project is not located within the Tribe’s Traditional Use Area. Therefore, we defer to the other tribes in the area. This letter shall conclude our consultation efforts.
Thank you,
Arysa Gonzalez Romero, M.S., RPA.
Historic Preservation Technician
Agua Caliente Band of Cahuilla Indians
Tribal Historic Preservation Office
Main (760)-883-1327 | Cell (760)-831-2484
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Costa Mesa Affordable Housing Coalition
November 30, 2021
Mr. Paul McDougall
Department of Housing and Community Development
Division of Housing Policy Development
2020 W. El Camino Ave., Suite 500
Sacramento, CA 95833
RE: Summary of Concerns Regarding Costa Mesa’s Housing Element Update Dear Mr. McDougall:
We so appreciate the opportunity to speak with you and Marissa Prasse yesterday regarding Costa Mesa’s draft Housing Element Update (2021-2029). As you may know, the Costa Mesa Affordable Housing Coalition is a local advocacy group which for years has urged Costa Mesa to facilitate the construction of affordable homes for the city’s lower income residents. This letter summarizes the key concerns we articulated in yesterday’s meeting.
First, we applaud the city’s remarkably robust, open, and serious efforts at public engagement in its Housing Element process. We also congratulate the city for its mostly excellent draft Housing Element. We are particularly pleased the draft clearly states Costa Mesa’s commitment to adopting (finally!) an inclusionary zoning ordinance.
Now, the concerns. We have two:
(1) The draft fails to adequately analyze the constraints on affordable housing development specific to each of the four largest sites in the sites inventory, and (2) The draft fails to adequately analyze the paralyzing effect the city’s “Measure Y” will have on affordable housing development.
I.) Inadequate Analysis of the Four Largest Sites
A. The city should provide additional analysis on the Fairview Developmental Center (FDC) site and the implications of SB 82.
The Housing Element identifies FDC as a 109-acre state-owned opportunity site and assumes it can accommodate 2,300 housing units, and that 40% of those future units will be affordable to lower income households (575 very low and 345 low).1 Problematically, however, SB 82 states:
1 Costa Mesa Housing Element, Appendix B Candidate Sites Analysis Overview, October 6, 2021, p. B-15.
“Notwithstanding any other law, the Director of General Services, with the consent of the Director of Developmental Services, may, in the best interests of the state, let to any person or entity real property not exceeding 20 acres located within the grounds of the Fairview Developmental Center for a period not to exceed 55 years, at a price that will permit the development of affordable housing for people with developmental disabilities… A minimum of 20 percent of the housing units developed shall be available and affordable to individuals with developmental disabilities served by a regional center…2”
Given the dictates of SB 82, the city needs to justify its assumption about the number of units possible on the site, as well as its affordability assumption that 40% of the units at FDC will be for lower income. A more realistic affordability assumption for FDC is 20% for lower income. While SB 82 indicates that a minimum of 20% of units will be affordable to individuals with developmental disabilities, there has been no written or public statement from the state expressing interest in making more than 20% of homes affordable to lower income households.
The FDC site holds tremendous potential for meeting the city’s considerable lower income RHNA (4713 units). The fact the site is state-owned, however, could be a significant constraint in developing any housing there within the next eight years, much less the 920 units of lower income housing specified in the sites inventory. The city should create a stand-alone program and commit to actively working with the state to accomplish the specified housing development at FDC anticipated in the sites inventory.
B. The city should provide further analysis on the constraints for the three large sites (Sakioka Lot 2, Home Ranch, and Pacific Arts Plaza) which are currently under development agreements with no affordable housing requirements.
Though these three large sites are in the 2021-2029 sites inventory, they will not be subject to any future inclusionary housing ordinance the city adopts because each site is already under a development agreement with no inclusionary requirement. The only way the owner of one of these sites will be bound by a future inclusionary ordinance is if that owner opts into future General Plan and zoning regulations.3 Absent such a choice to opt into a different governing land use regime, there is no reason to expect any of these property owners will voluntarily include in their respective projects any lower income affordable housing, much less the 15% lower income housing reflected in the sites inventory. Significantly, one of these large property owners has explicitly signaled his unwillingness to be bound by an affordable housing requirement. 2 California Legislative Information, Bill Text SB-82 Developmental Services, June 24, 2015. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB82 3 This fact was confirmed during the city’s consideration of the proposal to extend Sakioka Lot 2’s Development Agreement; the city confirmed that “if the Agreement were extended, and if an inclusionary housing ordinance was adopted along with future General Plan and zoning regulations, the developer would need to comply with the inclusionary housing ordinance IF they opted to develop per the future General Plan and zoning regulations.” (Costa Mesa City Council Agenda Report, An Ordinance for an Extension To And Amendment of the Sakioka Farms Development Agreement, March 18, 2021, p. 11.)
On April 6, 2021, the Costa Mesa City Council extended the expiring Development Agreement for Sakioka Lot 2 for an additional 10 years. Prior to that extension, the city’s Planning Commission recommended the City Council require the extended Development Agreement include affordable housing requirements to help achieve the city’s lower income RHNA goals.4 The property owner, however, was only interested in having Sakioka Lot 2 identified as a housing opportunity site; he was not “amenable” to any affordable housing requirements.5 Given the property owner’s very recent strong opposition to including any affordable housing provisions in the extended Development Agreement, it is unrealistic to assume that same property owner will prioritize the development of housing affordable to lower income households in developing the property.
The city offers no rationale for its expectation the owners of Sakioka Lot 2 and the other two large sites will voluntarily include affordable housing in their future developments.
Importantly, these three large sites are in prime locations near South Coast Plaza, where land values are among the highest in the city. Moreover, each of these three property owners is a longtime owner who has practiced the art of holding onto the land for decades while land values continually climbed upward. Given these facts, the city should analyze the affordability assumptions of “15% lower income” for these three sites in light of each site’s respective development agreement which insulates the site from any affordable housing requirements.
Additionally, it is highly significant Sakioka Lot 2 and Home Ranch have been vacant for decades. How realistic is it that these two sites will be developed in the 2021-2029 cycle? The city must provide that analysis.
Finally, the city should clarify if the affordability assumptions on these three large sites include units that result from a density bonus. For example, the draft indicates that for Sakioka Lot 2, the city “determined that it is realistic to assume that 15% of future units on this site may be available to residents at the lower income levels.”6 Is this 15% actually a density bonus where a developer would be granted a higher density on the proposed development and in exchange, the developer would have to set aside 15% of the units to be affordable? The significance of such a calculation is that the developer may elect to not develop Sakioka Lot 2 to full capacity under the density bonus, and thereby opt out of including any affordable housing.
II.) Inadequate Analysis of Measure Y’s Constraints on Affordable Housing Development Measure Y is Costa Mesa's largest unique constraint to development because it incentivizes less dense, and thus unaffordable, development, and perpetuates exclusionary zoning. The city 4 Costa Mesa City Council Agenda Report, An Ordinance for an Extension To And Amendment of the Sakioka Farms Development Agreement, April 6, 2021, p. 9-10.
5 Costa Mesa City Council Agenda Report, An Ordinance for an Extension To And Amendment of the Sakioka Farms Development Agreement, April 6, 2021, p. 2.
6 Costa Mesa Housing Element, Appendix B Candidate Sites Analysis Overview, October 6, 2021, p. B-12.
council should adopt a policy to exempt from Measure Y any projects approved under the inclusionary zoning ordinance which contribute units toward meeting the city’s extremely low-, very low-, and low-income RHNA requirements.
Thank you for considering our concerns about the draft 2021-2029 Housing Element Update.
For your reference, we are attaching our September letter to the city with more extensive comments on the draft. This letter focuses only on our top concerns.
Sincerely,
Kathy Esfahani
Kathy Esfahani
For The Costa Mesa Affordable Housing Coalition
cc: Minoo Ashabi, Principal Planner of the City of Costa Mesa Richard Walker, Public Law Center
Cesar Covarrubias, The Kennedy Commission
Glossary of Housing Terms
Appendix D
DRAFT Appendix D: Glossary of Housing Terms D‐1
Glossary of Housing Terms
Above‐Moderate‐Income Household. A household with an annual income usually greater than 120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available legibility limits established by the U.S. Department of housing and Urban Development (HUD) for the Section 8 housing program.
Affirmatively Furthering Fair Housing (AFFH): Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. AFFH means "taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
Apartment. An apartment is one (1) or more roomsin an apartment house or dwelling occupied or intended or designated for occupancy by one (1) family forsleeping or living purposes and containing one (1) kitchen.
Assisted Housing. Generally multi‐family rental housing, but sometimes single‐family ownership units, whose construction, financing,sales prices, or rents have been subsidized by federal, state, or local housing programs including, but not limited to Federal state, or local housing programs including, but not limited to Federal Section 8 (new construction, substantial rehabilitation, and loan management set‐asides), Federal Sections 213, 236, and 202, Federal Sections 221 (d) (3) (below‐market interest rate program), Federal Sections 101 (rent supplement assistance), CDBG, FmHA Sections 515, multi‐family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs.
Below‐Market‐Rate (BMR). Any housing unit specifically priced to be sold or rented to low‐ or moderate‐ income households for an amount less than the fair‐market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as “low income” or “moderate income.” (2) The financing of housing at less than prevailing interest rates.
Build‐Out. That level of urban development characterized by full occupancy of all developable sites in accordance with the General Plan; the maximum level of development envisioned by the General Plan.
Build‐out does not assume that each parcel is developed to include all floor area or housing units possible under zoning regulations.
DRAFT Appendix D: Glossary of Housing Terms D‐2
Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitled communities and administered by the State Department of Housing and Community Development (HCD) for non‐entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development.
Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. (See “Townhouse.”)
Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.
Deed. A legal document which affects the transfer of ownership of real estate from the seller to the buyer.
Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location.
Density, Residential. The number of permanent residential dwelling units per acre of land. Densities specified in the General Plan may be expressed in units per gross acre or per net developable acre.
Developable Land. Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas.
Down Payment. Money paid by a buyer from his own funds, as opposed to that portion of the purchase price which is financed.
Duplex. A detached building under single ownership that is designed for occupation asthe residence of two families living independently of each other.
Dwelling Unit (DU). A building or portion of a building containing one or more rooms, designed for, or used by one family for living or sleeping purposes, and having a separate bathroom and only one kitchen or kitchenette. See Housing Unit.
Elderly Housing. Typically, one‐ and two‐bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them.
Emergency Shelter. A facility that provides immediate and short‐term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds.
Supplemental services may include food, counseling, and access to other social programs. (See “Homeless” and “Transitional Housing.”)
DRAFT Appendix D: Glossary of Housing Terms D‐3
Extremely Low‐Income Household. A household with an annual income equal to or less than 30% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Fair Market Rent. The rent, including utility allowances, determined by the United States Department of Housing and Urban Development for purposed of administering the Section 8 Program.
Family. (1) Two or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]. (2) An Individual or a group of persons living together who constitute a bona fide single‐family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind [Governor’s Office of Planning and Research, General Plan Guidelines].
General Plan. A comprehensive, long‐term plan mandated by State Planning Law for the physical development of a city or county and any land outside its boundaries which, in its judgment, bears relation to its planning. The plan shall consist of seven required elements: land use, circulation, open space, conservation, housing, safety, and noise. The plan must include a statement of development policies and a diagram or diagrams illustrating the policies.
Goal. A general, overall, and ultimate purpose, aim, or end toward which the City will direct effort.
Green Building. Green or sustainable building is the practice of creating healthier and more resource‐ efficient models of construction, renovation, operation, maintenance, and demolition. (US Environmental Protection Agency)
Historic Preservation. The preservation of historically significant structures and neighborhoods until such time as, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition.
Historic Property. A historic property is a structure or site that has significant historic, architectural, or cultural value.
Household. All those persons—related or unrelated—who occupy a single housing unit. (See “Family.”) Housing and Community Development Department (HCD). The State agency that has principal responsibility for assessing, planning for, and assisting communities to meet the needs of low‐and moderate‐income households.
Housing Element. One of the seven State‐mandated elements of a local general plan, it assessesthe existing and projected housing needs of all economic segments of the community, identifies potential sites adequate to provide the amount and kind of housing needed, and contains adopted goals, policies, and DRAFT Appendix D: Glossary of Housing Terms D‐4
implementation programs for the preservation, improvement, and development of housing. Under State law, Housing Elements must be updated every five years.
Housing Payment. For ownership housing, this is defined as the mortgage payment, property taxes, insurance, and utilities. For rental housing this is defined as rent and utilities.
Housing Ratio. The ratio of the monthly housing payment to total gross monthly income; also called Payment‐to‐Income Ratio or Front‐End Ratio.
Housing Unit. The place of permanent or customary abode of a person or family. A housing unit may be a single‐family dwelling, a multi‐family dwelling, a condominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under State law.
Housing and Urban Development, U.S. Department of (HUD). A cabinet‐level department of the federal government that administers housing and community development programs.
Implementing Policies. The City’s statements of its commitments to consistent actions.
Implementation. Actions, procedures, programs, or techniques that carry out policies.
Infill Development. The development of new housing or other buildings on scattered vacant lots in a built‐ up area or on new building parcels created by permitted lot splits.
Jobs‐Housing Balance. A ratio used to describe the adequacy of the housing supply within a defined area to meet the needs of persons working within the same area. The General Plan uses SCAG’s definition which is a job total equal to 1.2 times the number of housing units within the area under consideration.
Land Use Classification. A system for classifying and designating the appropriate use of properties.
Live‐Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Low‐Income Household. A household with an annual income usually no greater than51%‐80% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Low‐income Housing Tax Credits. Tax reductions provided by the federal and State governments for investors in housing for low‐income households.
Manufactured Housing. Residential structures that are constructed entirely in the factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards DRAFT Appendix D: Glossary of Housing Terms D‐5
Act of 1974 under the administration of the U.S. Department of Housing and Urban Development (HUD). (See “Mobile home” and “Modular Unit.”)
Mixed‐Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties.
Moderate‐Income Household. A household with an annual income usually no greater than 81%‐120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.
Monthly Housing Expense. Total principal, interest, taxes, and insurance paid by the borrower on a monthly basis. Used with gross income to determine affordability.
Multiple Family Building. A detached building designed and used exclusively as a dwelling by three or more families occupying separate suites.
Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county.
Overcrowded Housing Unit. A housing unit in which the members of the household, or group are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than one person per room.
Parcel. A lot or tract of land.
Planning Area. The area directly addressed by the general plan. A city’s planning area typically encompasses the city limits and potentially annexable land within its sphere of influence.
Policy. A specific statement of principle or of guiding actions that implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its objectives before undertaking an action program. (See “Program.”)
Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or “poverty thresholds” varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index.
Program. An action, activity, or strategy carried out in response to adopted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “when” for carrying out the “what” and “where” of goals and objectives.
DRAFT Appendix D: Glossary of Housing Terms D‐6
Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use.
Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction and affecting a broad geographic area.
Regional Housing Needs Assessment. A quantification by the local council of governments of existing and projected housing need, by household income group, for all localities within a region.
Rehabilitation. The repair, preservation, and/or improvement of substandard housing.
Residential. Land designated in the General Plan and zoning ordinance for building consisting of dwelling units. May be improved, vacant, or unimproved. (See “Dwelling Unit.”) Residential Care Facility. A facility that provides 24‐hour care and supervision to its residents.
Residential, Multiple Family. Usually three or more dwelling units on a single site, which may be in the same or separate buildings.
Residential, Single‐Family. A single dwelling unit on a building site.
Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example.
Rezoning. An amendment to the map to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.
Second Unit. A self‐contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. “Granny Flat” is one type of second unit.
Section 8 Rental Assistance Program. A federal (HUD) rent‐subsidy program that is one of the main sources of federal housing assistance for low‐income households. The program operates by providing “housing assistance payments” to owners, developers, and public housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30% of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation.
Shared Living Facility. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code.
DRAFT Appendix D: Glossary of Housing Terms D‐7
Single‐Family Dwelling, Attached. A dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit. (See “Townhouse.”) Single‐Family Dwelling, Detached. A dwelling unit occupied or intended for occupancy by only one household that is structurally independent from any other such dwelling unit or structure intended for residential or other use. (See “Family.”)
Single Room Occupancy (SRO). A single room, typically 80‐250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen.
Subsidize. To assist by payment of a sum of money or by the granting to terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms or mortgage interest deductions or tax credits from federal and/or state income taxes, sale, or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like.
Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population as defined in California Health and Safety Code Section 53260(d), and that islinked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. [California Health and Safety Code Sections 50675.14(b) and 53260(d)]
Target Areas. Specifically, designated sections of the community where loans and grants are made to bring about a specific outcome, such as the rehabilitation of housing affordable by Very‐Low and Low‐income households.
Tax Increment. Additional tax revenues that result from increases in property values within a redevelopment area. State law permits the tax increment to be earmarked for redevelopment purposes but requires at least 20 percent to be used to increase and improve the community’s supply of very low‐ and low‐income housing.
Tenure. A housing unit is owner‐occupied if the owner or co‐owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is owner‐occupied only if the owner or co‐owner lives in it. All other occupied units are classified as renter‐occupied including units rented for cash rent and those occupied without payment of cash rent.
DRAFT Appendix D: Glossary of Housing Terms D‐8
Townhouse. A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance.
Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self‐sufficiency through the acquisition of a stable income and permanent housing. (See “Homeless” and “Emergency Shelter.”)
Undevelopable. Specific areas where topographic, geologic, and/or superficial soil conditions indicate a significant danger to future occupants and a liability to the City.
Acronyms Used
ACS: American Community Survey
BMPs: Best Management Practices
CALTRANS: California Department of Transportation
CEQA: California Environmental Quality Act
CHAS: Comprehensive Housing Affordability Strategy
CIP: Capital Improvement Program
DDS: Department of Developmental Services
DIF: Development Impact Fee
DU/AC: Dwelling Units Per Acre
EDD: California Employment Development Department
FAR: Floor Area Ratio
FEMA: Federal Emergency Management Agency
HCD: Department of Housing and Community Development
HOA: Homeowners Association
HUD: Department of Housing and Urban Development
LAFCO: Local Agency Formation Commission
MFI: Median Family Income
NPDES: National Pollutant Discharge Elimination System
RTFH: Regional Task Force on the Homeless
RTP: Regional Transportation Plan
SCAG: Southern California Association of Governments
SPA: Sectional Planning Area
STF: Summary Tape File (U.S. Census)
TOD: Transit‐Oriented Development
TDM: Transportation Demand Management
TSM: Transportation Systems Management
WCP: Water Conservation Plan