HomeMy WebLinkAbout09 - PH-3 - First Reading of Ordinance 16-XX of City - 11/1/2016CITY COUNCIL
AGENDA REPORT
MEETING DATE: NOVEMBER 1, 2016 ITEM NUMBER: PH -3
SUBJECT: AN ORDINANCE OF THE CITY OF COSTA MESA FOR REZONE R-16-02 TO
REZONE A 23.4 -ACRE SITE LOCATED AT 1375 SUNFLOWER AVENUE AND 3370
HARBOR BOULEVARD FROM INDUSTRIAL PARK (MP) TO PLANNED
DEVELOPMENT COMMERCIAL (PDC) AND ZONING CODE AMENDMENT TO
TITLE 13, CHAPTERS IV AND V RELATED TO LAND USE MATRIX, FLOOR AREA
RATIOS AND PLANNED DEVELOPMENT STANDARDS RELATED TO THE SITE
DATE: OCTOBER 20, 2016
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI (714) 754-5610
Minoo.ashabi@costamesaca.gov
DESCRIPTION
The proposed project involves:
• Rezone Application R-16-02: An ordinance to rezone a 23.4 -acre site consisting
of three parcels (APNs: 140-041-24, 140-041-40, 140-041-62) from Industrial
Park (MP) Planned Development Commercial (PDC) consistent with the 2015-
2035 General Plan; and,
• Code Amendment CO -16-05: An amendment to Title 13, Chapters IV and V
related to land use matrix, floor area ratios and Planned Development
Commercial standards as related to the site.
APPLICANT
The applicant and agent of property owner (TREH/Kearny Costa Mesa, LLC) is Hoonie
Kang of Kearny Real Estate Company.
RECOMMENDATION
As recommended by the Planning Commission give first reading to Ordinance No. 16-xx
adopting Rezone R-16-02 changing the zoning of the property located at 1375 Sunflower
Avenue and 3370 Harbor Boulevard from Industrial Park (MP) zone to Planned
Development Commercial (PDC) and Code Amendment 16-05 related to Title 13, Zoning
Code, Chapters IV and V relative to land use matrix, floor area ratio and Planned
Development Commercial standards.
BACKGROUND
The 23.4 -acre project site is located north of the 405 freeway bounded by Sunflower
Avenue to the north, South Coast Drive to the south and Harbor Blvd. to the west. The
site includes three parcels; two parcels extending from South Coast Drive to Sunflower
Avenue that were occupied by LA Times and one facing Harbor Blvd that has been
used as a private ballfield (APNs: 140-041-24, 140-041-40, 140-041-62). The applicant
(TREH/Kearny Costa Mesa, LLC) recently acquired the ballfield parcel to include three
parcels for reuse of the LA Times building as a new creative office space and potential
development of two new office buildings and related parking.
The project site was within the Industrial Park (IP) land use designation of the 2002
General Plan. The General Plan was amended in June 2016 and the project site was
re -designated and is currently under Commercial Center (CC) land use designation.
ANAI YRIS
Rezone R-16-02
With the current General Plan land use designation of Commercial Center, the applicant
is seeking the following zone change and zoning code amendment for consistency with
the 2015-2035 General Plan:
• Rezone — request to change the current zoning from Industrial Park (MP) to
Planned Development Commercial (PDC) to allow office/commercial development
consist with the 2015-2035 General Plan land use designation.
The property is currently zoned Industrial Park (MP) which allows allows development of
large and campus like settings. Permitted uses include but are limited to:
• Printing and publishing
• Storage
• Warehouse and distribution
• Incidental retail
• Central Administrative offices
• Consultant offices (Engineer, architectural, etc.)
General retail and medical offices are prohibited in the MP zone and general offices are
subject to approval of a minor conditional use permit. The maximum allowable Floor Area
Ratio for a use with moderate to low traffic trip generation is 0.30 to 0.40. Office uses are
typically considered at 0.30 FAR.
The proposed rezone could allow development of office uses of up to 655,000 square
feet and commercial development up to 553,000 square feet subject to maximum trip
counts adopted by the 2015-2035 General Plan. The 2015-2035 General Plan allows the
following intensities for the project site:
0.64 FAR for office development
0.54 FAR for commercial/retail
Floor -Area N/A Maximum trip budget is 1,015 AM and 976 PM.
Ratio (FAR)
Building intensity shall not exceed maximum
allowable development set forth by the trip budget.
Building 374,000 655,000 sq.ft. for office development
Square Feet 553,000 sq.ft. for commercial/retail
This rezone of the property to PDC and zoning code amendment will provide consistency
between the 2015-2035 General Plan land used designation of Commercial Center (CC)
and zoning for the project site.
With a PDC zone, any future office or commercial development on this site will be
subject to a master plan approval by the Planning Commission and a project specific
environmental review.
Zoning Code Amendment
With the 2015-2035 General Plan update, City Council did not support any residential
development at the project site. Title 13, Table 13-58 refers to development standards of
the PDC zone that also includes reference to densities of residential development. The
following Zoning Code amendments will specifically note that residential development is
not permitted at the project site and development is subject to maximum FAR and trip
budgets adopted by the general Plan.
The following amendments to Title 13 is necessary to make consistency between the
General Plan and the Zoning Code:
Amendment to Title 13, Chapter IV:
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.
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. 650 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 Section 13-322(a)(3) and 13-323(b).
7. Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be
located at least 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
TABLE 13-30
CITY OF
COSTA MESA LAND USE MATRIX
Z O N E S
LAND USES
R
R
R
R
A
C
C
C
c
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
p
L
1
2
1
C'
G
P
D
D
D
D
D
D
&
&
M
H
S'
R
R
R
R
c'
1'
R'
R
D
D
L
M
H
N
S
D'
D'
D'
C
,
M
RESIDENTIAL USES
1. Single-family dwellings (single housekeeping units)
P,
P
P
P
P
P
P
P
P
P
2. Multi -family dwellings
P
P
P
P
P
P
P
P
P
P
2.1 Common interest developments, residential
P
P
P
P
P
P
P
P
P
P
2.2 Small lot subdivisions, residentialP
.
P
P
. . .
. .
. . .
.
.
.
.
.
.
. . .
3. Mobile home parks
C
C
C
C
C
C
C
C
C
4. Boardinghouse, small'
P
P
P
P
P
P
P
P
P
5. Boardinghouse, large'
C
C
C
C
C
C
C
C
6. Residential care facility, 6 or fewer persons (State
P
P
P
P
P
P
P
P
P
P
P
licensed)
7. Group homes, 6 or fewer
S
S6
S
6
S6
S6
S6
S6
S6
S6
S6
P
7.1. Sober living homes, 6 or fewer
S5
S6
S
6
S6
S6
S6
S6
S6
S6
S6
P
8. Residential care facility, 7 or more
C6
C
s
C6
C6
C6
C6
C6
C6
P
9. Group homes, 7 or more
C6
C
6
C6
C6
C6
C6
C6
C6
P
9.1 Sober living homes, 7 or more
C6
C
6
C6
C6
C6
C6
C6
C6
P
10. Referral facility (Subject to the requirements of
C2
C
Cz
C .
C2
C2
13-32.2 Referral facility).
2
2
le roomoccupancy residential hotel (subject to
C2
Cuncil
Policy 500-5)
F
2
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.
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. 650 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 Section 13-322(a)(3) and 13-323(b).
7. Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be
located at least 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
Amendment to Title 13, Chapter V, Article 6:
TABLE 13-58
PLANNED DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PDR -LD
PDR -MD
PDR -HD
PDR-
PDC
PDI
NCM
Maximum Density per Section 13-
8
12
20
35
20
59 MAXIMUM DENSITY
CRITERIA.
Note: See North
Note: The maximum density for
(dwelling units per acre)
Costa Mesa
Specific Plan for
1901 Newport Boulevard is 40
dwelling units per acre. See North
exceptions.
Costa Mesa Specific Plan for
Note: The
exceptions.
maximum density
Note: No residential development
is permitted within the 23.4 -acre
for 125 East
project siteeg nerally addressed as
Baker Street is 58
1375 Sunflower Avenue and
dwelling units per
3370 Harbor Boulevard.
acre (CO -13-02).
Note: The
maximum density
for 2277 Harbor
Boulevard is 54
dwelling units per
acre (CO -14-02).
Density in Mixed Use Projects
The density of the residential component of a mixed use Planned Development shall be calculated by
dividing the total number of dwelling units proposed by that portion of the total site areal devoted to
residential uses, including required parking, landscaping, open space, and driveways to serve the
residential component. The density permitted within the residential component shall be determined
by the criteria established in Section 13-59 MAXIMUM DENSITY CRITERIA.
Maximum Site Coverage'
Not applicable
30% outside the
NOTE: Site coverage of multi-
Downtown
50%
story projects with integrated
Redevelopment
parking structures shall be based
Project Area
upon the usable floor area at the
street or grade level, exclusive of
35% within the
parking areas, driveways, plazas,
Downtown
courtyards or pedestrian walkways.
Redevelopment
Project Area
Perimeter Open Space per Section
20 feet abutting all public rights-of-way, excluding alleys (may be reduced in the PDC and PDR -
13 -61 PERIMETER OPEN
NCM zones pursuant to Section 13-61 PERIMETER OPEN SPACE CRITERIA).
SPACE CRITERIA.
Amendment to Title 13, Chapter V, Sec. 13-69, Floor Area Ratio Established:
' For commercial designations, high traffic uses are those which generate more than 75 daily trip ends
per 1,000 square feet of gross floor area. For industrial designations, high traffic uses are those which
generate more than 15 daily trip ends per 1,000 square feet of gross floor area.
2 For commercial designations, moderate traffic uses are those which generate between 20 and 75 daily
trip ends per 1,000 square feet of gross floor area. For industrial designations, moderate traffic uses are
those which generate between 8 and 15 daily trip ends per 1,000 square feet of gross floor area.
3 For commercial designations, low traffic uses are those which generate between 3 and 20 daily trip
ends per 1,000 square feet of gross floor area. For industrial designations, low traffic uses are those which
generate between 3 and 8 daily trip ends per 1,000 square feet of gross floor area.
4 For commercial and industrial designations, very low traffic uses are those which generate less than 3
daily trip ends per 1,000 square feet of gross floor area.
5 Maximum FAR standards in the Regional Commercial and Urban Center Commercial designations
shall be further limited by the maximum AM peak hour and PM peak hour trip budget as established in the
general plan.
6 The approximately 23.4 -acre site containing three parcels at 1375 Sunflower Avenue and 3370 Harbor
Boulevard is subject to maximum Floor Area Ratios of 0.64 for office development and 0.54 for
commercial development as adopted by the 2015-2035 General Plan; the maximum trip budget is 1,015
for AM trips and 976 for PM trips.
GENERAL PLAN CONFORMANCE
The proposed rezone and zoning code amendment conforms to the following General
Plan Land Use Goals, Objectives, and Policies:
Objective LU -2A: Promote land use patterns and development that contribute to
community and neighborhood identity.
Objective LU -6A: Ensure the long term productivity and viability of the community's
economic base.
TABLE 13-69
Maximum
Floor Area Ratios
r GENERAL PLAN LAND USE
HIGH TRAFFIC MODERATE TRAFFIC LOW TRAFFIC
VERY LOW
DESIGNATION
USES
USES 2 USES 3
TRAFFIC USES 4
Commercial -Residential
I 0.20
0.30 0.40
-
Neighborhood Commercial
0.15
0.25 0.35
0.75
General Commercial
0.20
0.30
0.40
0.75
Commercial Center s
0.30
0.35
0.45
0.75
Regional Commercial 5
-
0.652/0.89
-
-
Urban Center Commercial 5
-
0.50
0.60
-
Light Industry
0.15
0.25
0.35
0.75
Industrial Park
0.20
0.30
0.40
0.75
Public/Semi-Public
0.25 and 0.01 for golf courses
Fairgrounds
0.10
J
' For commercial designations, high traffic uses are those which generate more than 75 daily trip ends
per 1,000 square feet of gross floor area. For industrial designations, high traffic uses are those which
generate more than 15 daily trip ends per 1,000 square feet of gross floor area.
2 For commercial designations, moderate traffic uses are those which generate between 20 and 75 daily
trip ends per 1,000 square feet of gross floor area. For industrial designations, moderate traffic uses are
those which generate between 8 and 15 daily trip ends per 1,000 square feet of gross floor area.
3 For commercial designations, low traffic uses are those which generate between 3 and 20 daily trip
ends per 1,000 square feet of gross floor area. For industrial designations, low traffic uses are those which
generate between 3 and 8 daily trip ends per 1,000 square feet of gross floor area.
4 For commercial and industrial designations, very low traffic uses are those which generate less than 3
daily trip ends per 1,000 square feet of gross floor area.
5 Maximum FAR standards in the Regional Commercial and Urban Center Commercial designations
shall be further limited by the maximum AM peak hour and PM peak hour trip budget as established in the
general plan.
6 The approximately 23.4 -acre site containing three parcels at 1375 Sunflower Avenue and 3370 Harbor
Boulevard is subject to maximum Floor Area Ratios of 0.64 for office development and 0.54 for
commercial development as adopted by the 2015-2035 General Plan; the maximum trip budget is 1,015
for AM trips and 976 for PM trips.
GENERAL PLAN CONFORMANCE
The proposed rezone and zoning code amendment conforms to the following General
Plan Land Use Goals, Objectives, and Policies:
Objective LU -2A: Promote land use patterns and development that contribute to
community and neighborhood identity.
Objective LU -6A: Ensure the long term productivity and viability of the community's
economic base.
Objective LU -4A: Encourage new development and redevelopment to improve and
maintain the quality of the environment.
Objective LU -5A: Ensure availability of adequate community facilities and
provision of the highest level of public services possible, taking into consideration
budgetary constraints and effects on the surrounding area.
Objective LU -6A: Ensure the long-term productivity and viability of the
community's economic base.
JUSTIFICATIONS FOR APPROVAL
On October 10, 2016, the Planning Commission found that the evidence presented in the
administrative record substantially met specified findings and recommended approval of
the proposed project, based on an assessment of facts and findings below.
Rezone and Code Amendment
• The proposed rezone is required for consistency between the 2015-2035 General
Plan and the zoning for the property to allow for office and/ or commercial
development, while meeting the development standards of the PDC zone.
State law requires consistency between general plan and zoning for properties with
new land use designation. The land use designation for this site was changed from
IP (Industrial Park) to (CC) Commercial Center by the 2015-2035 General Plan. This
rezone will be required to provide consistency and allow the permitted uses by the
General Plan on this property.
The development intensity for office and or commercial development have been
studied with the 2015-2035 General Plan and the Environmental Impact Report
(EIR) No. 2015111053 prepared for the General Plan. The development within this
zoning district is subject to FARs and trip budget established by the General Plan.
The Planned Development Commercial zoning allows for a mix of office, commercial
and residential development; however, the General Plan prohibits residential use on
this site. The applicable development standards need to be reflected in the Zoning
Code and are included in the proposed amendment.
• The traffic impacts of the project site with the approved intensities have been reviewed
with the 2015-2035 General Plan update and EIR No. 2015111053 prepared for the
General Plan.
Based on the Citywide traffic study, the proposed site with the 0.64 FAR for office
development and 0.54 FAR for commercial development adopted by 2015-2035
General Plan and the maximum trip budget of 1,015 for AM trips and 976 for PM
trips has no significant traffic impacts. Any development in this area will be subject
to review and approval of a master plan per requirements of Title 13, Chapter V,
Section 13-56; project specific trips for various commercial or office development will
be studied at the time and applicable traffic fees may be required.
ENVIRONMENTAL DETERMINATION
The proposed rezone and zoning code amendments have been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City environmental procedures. As proposed, the proposal does not
make any changes to the development limitations in the Planned Development
Commercial zone with regard to trip budgets and development intensity specific to this
site. All traffic impacts have been reviewed with the 2015-2035 General Plan EIR. No
subsequent or supplemental EIR was required since no substantial changes were
proposed and no new information was available demonstrating new significant impacts.
There are no significant effects that are peculiar to the project or the parcel on which the
project would be located. In addition, there are no new significant effects that were not in
the General Plan EIR; no new off-site impacts or cumulative impacts that were not
evaluated in the General Plan EIR, and no new environmental effects beyond those
identified in the General Plan EIR. All mitigation measures in the General Plan EIR that
are relevant or applicable to the project site (if any) would continue to apply. Therefore,
the relevant environmental analysis contained in the City of Costa Mesa General Plan
EIR SCH No. 2015111053, June 2016 is still valid, and no further environmental review is
required.
LEGAL REVIEW
The City Attorney's office approved the attached resolution as to form.
ALTERNATIVES
• Approve the rezone and zoning code amendments as proposed; or
• Approve the rezone and zoning code amendments with modifications. The
Planning Commission may suggest specific changes that are necessary to
alleviate concerns. If any of the additional requested changes are substantial,
the item should be continued to a future meeting to allow for additional analysis.
CONCLUSION
The development intensities for the proposed site has been determined with adoption of
the 2015-2035 General Plan. The objective of the rezone and the zoning code
amendments is to provide consistency with the General Plan and allowed intensities.
MINOO ASHABI, AIA
Principal Planner
JAY TREVINO, AICP
Interim Economic Development and
Development Services Director
Attachments: 1. Location Map, Zoning Map
2. Planning Commission Resolution
3. Draft Ordinance and Exhibit
Distribution: Hoonie Kang
Kearny Real Estate Company
1875 Century Park East, Suite 380
Los Angeles, CA 90067
ATTACHMENT 1
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ATTACHMENT 2
RESOLUTION NO. PC -16-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA
MESA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COSTA
MESA GIVE FIRST READING TO ORDINANCE 16- XX TO REZONE (R-16-02)
A 23.4 -ACRE SITE FROM INDUSTRIAL PARK (MP) TO PLANNED
DEVELOPMENT COMMERCIAL (PDC) FOR THREE PARCELS LOCATED AT
1375 SUNFLOWER AVENUE AND 3370 HARBOR BOULEVARD AND ZONING
CODE AMENDMENT CO -16-05 TO AMEND TITLE 13, CHAPTERS IV AND V
RELATED TO DEVELOPMENT STANDARDS APPLICABLE TO THE
OVERALL SITE
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by Hoonie Kang of Kearny Real Estate,
representing the property owner, TREH/Kearny Costa Mesa, LLC, requesting approval of
the following:
• Rezone Application R-16-02: an ordinance to rezone a 23.4 -acre site consisting of
three parcels (APNs: 140-041-24, 140-041-40, 140-041-62) from Industrial Park
(MP) to Planned Development Commercial (PDC) consistent with the 2015-2035
General Plan; and,
• Code Amendment CO -16-05: an amendment to Title 13, Chapters IV and V related
to land use matrix, floor area ratios and Planned Development Commercial
standards as related to the overall site.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on October 10, 2016 with all persons having the opportunity to speak and be heard for
and against the proposal.
WHEREAS, the Planning Commission has reviewed all environmental documents
and has found that the proposed rezone and zoning code amendments have been
reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City environmental procedures. As proposed, the proposal does not
make any changes to the development limitations in the Planned Development Commercial
zone with regard to trip budgets and development intensity specific to this site. All traffic
impacts have been reviewed with the 2015-2035 General Plan EIR. No subsequent or
supplemental EIR was required since no substantial changes were proposed and no new
information was available demonstrating new significant impacts. There are no significant
effects that are peculiar to the project or the parcel on which the project would be located.
In addition, there are no new significant effects that were not in the General Plan EIR; no
new off-site impacts or cumulative impacts that were not evaluated in the General Plan EIR,
and no new environmental effects beyond those identified in the General Plan EIR. All
mitigation measures in the General Plan EIR that are relevant or applicable to the project
site (if any) would continue to apply. Therefore, the relevant environmental analysis
contained in the City of Costa Mesa General Plan EIR SCH No. 2015111053, June 2016 is
still valid, and no further environmental review is required.
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, respectively, the Planning Commission hereby RECOMMENDS
THAT THE CITY COUNCIL: Approve and give first reading to Ordinance No. 16-xx
approving Rezone R-16-02 and Code Amendment CO -16-05.
BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
the activity as described in the staff report for Rezone R-16-02 and CO -16-05 and
compliance of all applicable federal, state, and local laws. Any approval granted by this
resolution shall be subject to review, modification or revocation if there is a material
change that occurs in the operation, or if the applicant fails to comply with any of the
conditions of approval and/or mitigation measures.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause,
phrase or portion of this resolution, or the documents in the record in support of this
resolution, are for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
provisions.
PASSED AND ADOPTED this 1(
Costa Mesa Planning Commission
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
I, Jay Trevino, Acting Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a
meeting of the City of Costa Mesa Planning Commission held on October 10, 2016 by the
following votes:
AYES: Dickson, Mathews, McCarthy, Sesler, Andranian
NOES: None
ABSENT: None
ABSTAIN: None
7��.
JayT evin , Acting Secretary
Cosa Mesa Planning Commission
ATTACHMENT 3
ORDINANCE NO. 16 -
AN ORDINANCE OF THE CITY OF COSTA MESA FOR REZONE R-16-02
TO REZONE A 23.4 -ACRE SITE LOCATED AT 1375 SUNFLOWER
AVENUE AND 3370 HARBOR BOUEVARD FROM INDUSTRIAL PARK
(MP) TO PLANNED DEVELOPMENT COMMERCIAL (PDC) AND ZONING
CODE AMENDMENT TO TITLE 13, CHAPTERS IV AND V RELATED TO
LAND USE MATRIX, FLOOR AREA RATIOS AND PLANNED
DEVELOPMENT STANDARDS RELATED TO THE SITE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: FINDINGS
WHEREAS, Future development of all land within the City of Costa Mesa is
guided by the General Plan, which was adopted on June 21, 2016. The Land Use
Element of the General Plan directs long-range development in the City by indicating the
location and extent of development to be allowed. The General Plan sets forth land use
goals, policies, and objectives that guide new development.
WHEREAS, the proposed rezone is required for consistency between the 2015-
2035 General Plan and the zoning for the property to allow for office and/ or commercial
development, while meeting the development standards of the PDC zone. State law
requires consistency between general plan and zoning for properties with new land use
designation. The land use designation for this site was changed from IP (Industrial
Park) to (CC) Commercial Center by the 2015-2035 General Plan. This rezone will be
required to provide consistency and allow the permitted uses by the General Plan on
this property.
WHEREAS, the development intensity for office and or commercial development
were studied with the 2015-2035 General Plan and the EIR No. 2015111053 prepared
for the General Plan. The development within this zoning district is subject to FARs and
trip budgets established by the General Plan. The Planned Development Commercial
zoning allows for a mix of office, commercial and residential development; however, the
General Plan prohibits residential use on this site. The applicable development
standards need to be reflected in the Zoning Code and are included in the proposed
amendments.
WHEREAS, the traffic impacts of the project site with the approved intensities
have been reviewed with the 2015-2035 General Plan update and Environmental Impact
Report No. 2015111053 prepared for the General Plan. Based on the Citywide traffic
study, the proposed site with the 0.64 FAR for office development and 0.54 FAR for
commercial development adopted by 2015-2035 General Plan and the maximum trip
budget of 1,015 for AM trips and 976 for PM trips has no significant traffic impacts. Any
development in this area will be subject to review and approval of a master plan per
requirements of Title 13, Chapter V, Section 13-56; project specific trips for various
commercial or office development will be studied at the time and applicable traffic fees
may be required.
WHEREAS, an application was filed by Hoonie Kang, representing the property
owner, TREH/Kearny Costa Mesa, LLC, requesting approval of the following:
• Rezone Application R-16-02: an ordinance to rezone a 23.4 -acre site
consisting of three parcels (APNs: 140-041-24, 140-041-40, 140-041-62)
from Industrial Park (MP) Planned Development Commercial (PDC)
consistent with the 2015-2035 General Plan; and,
• Code Amendment CO -16-05: an amendment to Title 13, Chapters VI and V
related to land use matrix, floor area ratios and Planned Development
Commercial standards as related to the site.
WHEREAS, Pursuant to the provisions of Section 13-22 of the Costa Mesa
Municipal Code, the Official Zoning Map of the City of Costa Mesa is hereby amended
by the change of zone described above and in respective Exhibit A. A copy of the
Official Zoning Map is on file in the office of the Planning Division.
SECTION 2: Title 13, Chapter IV, Table 13-30, Land Use Matrix is hereby amended to
revise footnote No. 1 as follows:
[....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...]
_is-
SECTION 3: Title 13, Chapter V, Table 13-58 is amended as follows:
TABLE 13-58
PLANNED DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD I PDR -LD I PDR -MD I PDR -HD
Maximum Density per Section 13-
59 tv[AXIMUM DENSITY
CRITERIA.
(dwelling units per acre)
8 12 20
Note: See North
Costa Mesa
Specific Plan for
exceptions.
Note: The
maximum density
for 125 East
Baker Street is 58
dwelling units per
acre (CO -13-02).
Note: The
maximum density
for 2277 Harbor
Boulevard is 54
dwelling units per
acre (CO -14-02).
PDR- PDC PDI
NCM
35 20
Note: The maximum density for
1901 Newport Boulevard is 40
dwelling units per acre. See North
Costa Mesa Specific Plan for
exceptions.
Note: No residential development
is permitted within the 23.4 -acre
project siteee nerally addressed as
1375 Sunflower Avenue and
3370 Harbor Boulevard.
SECTION 4: Title 13, Chapter V, Article 8, Table 13-69 is amended as follows:
GENERAL PLAN LAND USE
DESIGNATION
Commercial -Residential
Neighborhood Commercial
General Commercial
Commercial Center s
Regional Commercial 5
Urban Center Commercial 5
Light Industry
Industrial Park
Public/Semi-Public
Fairgrounds
TABLE 13-69
Maximum Floor Area Ratios
HIGH TRAFFIC 'MODERATE TRAFFIC ! LOW TRAFFIC
USES I USES 2 USES 3
0.20 0.30 0.40
0.15 0.25 0 35
0.20 0.30 0.40
0.30 0.35 0.45
0.652/0.89 -
- 0.50 0.60
0.15 0.25 0.35
0.20 0.30 0.40
0.25 and 0.01 for golf courses
0.10
VERY LOW
TRAFFIC USES 4
0.75
0.75
0.75
0.75
0.75
1 For commercial designations, high traffic uses are those which generate more than 75 daily trip ends
per 1,000 square feet of gross floor area. For industrial designations, high traffic uses are those which
generate more than 15 daily trip ends per 1,000 square feet of gross floor area.
2 For commercial designations, moderate traffic uses are those which generate between 20 and 75 daily
trip ends per 1,000 square feet of gross floor area. For industrial designations, moderate traffic uses are
those which generate between 8 and 15 daily trip ends per 1,000 square feet of gross floor area.
3 For commercial designations, low traffic uses are those which generate between 3 and 20 daily trip
ends per 1,000 square feet of gross floor area. For industrial designations, low traffic uses are those which
generate between 3 and 8 daily trip ends per 1,000 square feet of gross floor area.
4 For commercial and industrial designations, very low traffic uses are those which generate less than 3
daily trip ends per 1,000 square feet of gross floor area.
5 Maximum FAR standards in the Regional Commercial and Urban Center Commercial designations
shall be further limited by the maximum AM peak hour and PM peak hour trip budget as established in the
general plan.
6 The approximately 23.4 -acre site containing three parcels at 1375 Sunflower Avenue and 3370 Harbor
Boulevard is subject to maximum Floor Area Ratios of 0.64 for office development and 0.54 for
commercial development as adopted by the 2015-2035 General Plan; the maximum trip budget is 1,015
for AM trios and 976 for PM trios.
SECTION 5: ENVIRONMENTAL DETERMINATION.
The proposed rezone and zoning code amendments have been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City environmental procedures. As proposed, the proposal does not
make any changes to the development limitations in the Planned Development
Commercial zone with regard to trip budgets and development intensity specific to this
site. All traffic impacts have been reviewed with the 2015-2035 General Plan EIR. No
subsequent or supplemental EIR was required since no substantial changes were
proposed and no new information was available demonstrating new significant impacts.
There are no significant effects that are peculiar to the project or the parcel on which the
project would be located. In addition, there are no new significant effects that were not in
the General Plan EIR; no new off-site impacts or cumulative impacts that were not
evaluated in the General Plan EIR, and no new environmental effects beyond those
identified in the General Plan EIR. All mitigation measures in the General Plan EIR that
are relevant or applicable to the project site (if any) would continue to apply. Therefore,
the relevant environmental analysis contained in the City of Costa Mesa General Plan
EIR SCH No. 2015111053, June 2016 is still valid, and no further environmental review is
required.
SECTION 6: 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 7: 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 8: 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 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.
ATTEST:
STEPHEN M. MENSINGER
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
I
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above Council Ordinance Number _ as
considered at a regular meeting of said City Council held on the day of ,
2016, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the day of , 2016, 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 2016
I
EXHIBIT A
Amendment to the Zoning Map
Change the zoning district of the 23.4 -acre development site at 1375 Sunflower
Avenue and 3370 Harbor Boulevard from Industrial Park (MP) to Planned
Development Commercial (PDC)
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