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HomeMy WebLinkAbout19 - OB-1 - Attachment 1 - 4/21/2015ATTACHMENT 1 ORDINANCE NO. 15-03 AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -15-01 AMENDING TITLE 13, CHAPTER V, ARTICLE 2.5, RESIDENTIAL SMALL LOT SUBDIVISION STANDARDS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The Small Lot Ordinance which allows subdivision of 15 or less fee simple lots for multiple family properties was adopted on April 1, 2014. The ordinance allows development of detached residential units on individual parcels instead of condominium ownership. Since adoption, several applications have been processed and additional are in review. It has been realized that the side yard setback of 10 feet is challenging for development of narrow multiple family lots and in most cases a reduction has been granted as allowed by current code. To make the development standards consistent with the common interest development regarding side yard setback and parking, two revisions to development standards are hereby approved. SECTION 2: Title 13, Chapter V, Article 2.5, Table 1342, Small Lot Subdivision Standards, of the Costa Mesa Municipal Code is hereby amended as follows: TABLE 13-42 SMALL LAT SUBDIVISION STANDARDS STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Maximum Number of Stories & 2 stories/ 27 feet, except as allowed in the Westside Overlay Districts. Building Height Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below. Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 31d story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style. Maximum Density (based on Same as underlying zoning district or as specified in an applicable specific gross acreage) plan. Minimum Open Space 30% of total lot area. No asphalt shall be permitted for paved areas. Parking (development lot) and driveways shall consist of decorative concrete, pavers or other materials as deemed appropriate by the Development Services Director. Minimum Open Space 200 square feet with no dimension less than 10 feet. (individual unit) TABLE 13-42 SMALL LOT SUBDIVISION STANDARDS . STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Development Lot Separately owned private property interests or any portion thereof, necessary or desirable for common use, are subject to recordation of an easement for reciprocal access and maintenance. All areas of a development with 5 or more parcels, subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. The association may be referred to as a maintenance association. Parking . Three bedroom or more units (including a den or home office) — two garage spaces and two open parking spaces • Two bedrooms or less units (including a den) —one garage space and two open parking. • No tandem parking is permitted for open or guest parking spaces. For developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in front of garages for exclusive use of that unit, one additional on-site guest parking shall be provided. Two additional open guest -parking shall be provided for developments with more than 10 units. • For all small lot developments subject to the provisions of this article, all open parking not located within an individual driveway shall be unassigned and nonexclusive. Distance between buildings No minimum distance required subject to compliance with Building and Fire Code standards. Driveway width 10 -foot minimum, except 16 -foot minimum driveway is required if the (development lot) driveway serves tenants and/or guest parking for more than one dwelling unit. Driveway width shall be a maximum of 26 feet for lots less than 50 feet wide and a maximum of 50% for lots greater than 50 feet wide. Driveway length Straight -in driveways to garages shall have a minimum length of 19 -feet from the ultimate public or private right of way, No driveways shall be more than 5 feet in length if parking is not provided in front of garage. Driveways accessing rear parcels shall be in compliance with the requirements of the Parking Design Standards, minimum separation between driveways and maximum 50% hardscape requirement. Mechanical equipment, Roof -top location is prohibited unless completely screened from public excluding antennas and flush- rights-of-way and adjacent properties. mounted solar panels on roofs Front 20 feet Development Lot: Side yard (interior) 5 feet Rear yard (interior) 10 feet Side (street side, if applicable) 10 feet Note: Driveways providing straight -in access from a public street to a garage shall be at least 19 feet long, as measured from the ultimate public or private right of way. Rear Abutting a Publicly 5 feet; however, garages may be required to set back further to ensure Dedicated Alley adequate back up distance. Rear Yard Coverage does not apply. Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see Section 13- 34 BLUFF -TOP DEVELOPMENT). SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this ordinance amending the zoning code will have a significant effect on the environment.. SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its -5- TABLE 13-42 SMALL LOT SUBDIVISION STANDARDS STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Roof or Eaves Overhang; 2 feet 6 inches into required side setback or building separation area. Awning 5 feet into required front or rear setback. Open, unenclosed stairways. Not permitted Chimneys May extend 2 feet above maximum building height. Automatic roll -up garage doors Required Location of Open Parking Guest parking shall be located within a reasonable distance of the unit it serves. Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited. Trash Storage All units shall be provided with a small alcove inside or outside the unit to allow storage of at least three trash carts without encroaching into the garage space. All efforts shall be made to provide on-site trash service. Trash carts shall be stored on-site for trash pick up to the greatest extent possible. Above -Ground Pools and Spas Prohibited in front yards and subject to 5 -foot side and rear setback from the main structures. LANDSCAPING A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits. SIGNS (See Chapter VIII). FENCES AND WALLS Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's walls, fences, and landscaping standards. See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information. SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this ordinance amending the zoning code will have a significant effect on the environment.. SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its -5- passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. PASSED AND ADOPTED this day of ATTEST: City Clerk of the City of Costa Mesa 2015. Mayor of the City of Costa Mesa APPROVED AS TO FORM: City Attorney T— (P -- STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 15-03 as introduced and considered section by section at a regular meeting of said City Council held on the day of , 2015, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2015, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2015. City Clerk City Council of the City of Costa Mesa q �'—