Costa Mesa Municipal Code § 13-322 Group homes in the R2-MD, R2-HD and R3 residential zones and the PDR-LD,…

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[1] 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; Ord. No. 2026-03, 4/7/2026)

[1]

Editor's Note: See Welfare and Institutions Code section 4500 et seq.

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; Ord. No. 2026-03, 4/7/2026)

(a) A special use permit shall be required for and may be granted to permit the operation of a group home including a sober living home with six or fewer occupants in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones subject to the following requirements:

(1) The application for and operation of the group home complies with subsections (a)(1), (a)(2) and (a)(4) through (a)(14) of section 13-311.

(2) The application includes a live scan of the house manager and/or operator of the group home.

(3) The group home or sober living home is at least 650 feet from any other property, as defined in section 13-321, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line.

(b) The development services director may issue, revoke or deny a special use permit for a group home including a sober living home subject to this chapter pursuant to the procedures and requirements of section 13-311.

(c) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 13-200.62.

(Ord. No. 15-11, § 2, 11-17-15; Ord. No. 17-05, § 3, 5-2-17; Ord. No. 2026-03, 4/7/2026)

A conditional use permit shall be required for and may be granted to allow the operation of a group home, state-licensed residential care facility or state-licensed drug and alcohol treatment facility with seven or more occupants in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones subject to the following conditions:

(a) The requirements of Chapter III, Planning Applications, of this title have been met.

(b) The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least 650 feet from any property, as defined in section 13-321, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses.

(c) The applicant obtains an operator's permit as required by Chapter 2, Article 23, Title 9, except that this requirement shall not apply to any state-licensed residential care facility, state licensed drug and alcohol treatment facility, or group home without an operator.

(d) The findings for granting a conditional use permit in accordance with section 13-29(g) are met.

(Ord. No. 15-11, § 2, 11-17-15; Ord. No. 17-05, § 3, 5-2-17; Ord. No. 2026-03, 4/7/2026)

All group homes which are subject to this chapter shall comply with the provisions hereof regardless of when they commenced operations.

(Ord. No. 15-11, § 2, 11-17-15; Ord. No. 2026-03, 4/7/2026)

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; Ord. No. 2026-03, 4/7/2026)