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HomeMy WebLinkAbout15 - PH-2 - Code Amendment CO-17-05 to Amend Title - 9/5/2017CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 5, 2017 ITEM NUMBER: PH -2 SUBJECT: CODE AMENDMENT CO -17-05 — AMENDMENT TO TITLE 13 OF COSTA MESA MUNICIPAL CODE RELATED TO PLANNING AND SUBDIVISION APPLICATION REVIEW PROCESS TIME LIMITS DATE: August 17, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER FOR FURTHER INFORMATION CONTACT: Minoo Ashabi, AIA (714) 754-5610 minoo.ashabi@costamesaca.gov RECOMMENDATION The Planning Commission recommends that City Council give first reading to Ordinance 17 -XX to adopt Code Amendment CO -17-05 amending Costa Mesa Municipal Code Title 13 Chapters III and XI modifying the parameter and process for time extensions. BACKGROUND On July 10, 2017, the Planning Commission held a public hearing and recommended first reading of the ordinance to modify provisions related to increasing the time limits for discretionary planning applications and subdivision maps. Links to the staff report prepared for the July 10, 2017 Planning Commission as well as the action report of the meeting are provided below: Staff report: https://www. costamesaca.gov/ftp/p Ian ningcommission/agenda/2017/2017-07-05/PH-4.pdf Minutes: https://www.costamesaca.gov/Modules/ShowDocument.aspx?documentid=26770 The Zoning Code establishes the parameters for the various types of discretionary planning applications and processing procedures. When discretionary applications, such as conditional use permits, are approved by the Planning Commission, conditions of approval are typically added to address specific requirements that must be met before construction can begin or a business can start operating. Under the current Code, once an application is approved, the applicant has 12 months to meet all the conditions of approval or the discretionary approval expires. If additional time is needed to satisfy the conditions of approval, an applicant must typically return to the original approval body for a public hearing to request an extension of time. For subdivision maps, approvals are granted for a period of 24 months with an option to request an extension of no more than 12 months from the Planning Commission. In cases that planning applications are submitted with a subdivision map, the planning application approval is granted for a period of 24 months to coincide with the map approval period. The only approvals that are not subject to this requirement are vesting tentative tract maps or projects approved under a development agreement that may have other timelines. ANAI YSIS Recently, multiple requests for extensions have been made to extend conditional use permits, as well as subdivision maps and their related projects. Conditions of approval of an entitlement may involve actions by other agencies, such as CalTrans (in the case of Ganahl Lumber purchasing an adjacent parcel for its store) and the FAA (in the case of a recent heliport project on Airway Drive). Delays caused by these outside agencies resulted in applicants being unable to meet the deadline to exercise their approval and the need for additional time spent at the City processing time extensions through the Planning Commission and City Council. In these cases, applicants were diligently working to satisfy their conditions of approval, but requirements outside the control of the City and/or the applicant caused delays that resulted in approvals reaching their expiration dates. Recordation of final tract maps often requires multiple reviews by the City and the county as part of processing and often cannot be accomplished within 24 months. This is particularly true for applicants unfamiliar with all the steps that must be completed in sequential order at the county. Additionally, the workload at the county for processing final subdivision maps has exceeded the normal levels over the last two years due to the improved market for development projects. This has resulted in delays processing such requests through the county. These issues have impacted several Costa Mesa subdivision maps and required them to be re -reviewed by the Planning Commission and City Council for extensions. To address both the original time limits and the process for extensions, as well as to provide needed clarity in the Code, the following revisions are recommended: 1. Extend the approval for discretionary permits from 12 months to 24 months. 2. Clarify what is needed to "exercise" a project approval. 3. Allow the following time limit extensions: a) The Director to consider extensions via letter for periods up to 180 days. b) The original approval authority to consider extensions for more than 180 days. 4. Require extension requests to be filed with the City no less than 60 days prior to expiration to allow for adequate processing time prior to the expiration date. Proposed changes to the Zoning Code are reflected below as strikeout text for deletions and underlined text for additions. Chapter III, Section 13-29. Planning Application Review Process (k). Time Limits and Extensions (1) Planning applications shall run with the land until revoked, except as provided in this section or in a condition imposed at the time of granting the planning application. (2) a. Unless otherwise specified by condition of approval, any permit or approval not exercised within twenty-four (24) months from the actual date of review authoritv aDDroval shall expire and become void. unless this section; the GenStFUGtion autherized by a planning app1.1Mr--.-qtMA-.n lel--csir,& in'snin 1jr1\l�-1L 11�Jianll l�!-n nacas-swn-sciirnfn'ttWa, Van ill-san �iiitc �tr • - - - /-\• least one of the following has first occurred: 1. A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official. 2. A certificate of occupancy has been issued. 3. The use is established and a business license has been issued. 4. A time extension has been granted in compliance with subsection (3) of this section. (3) The time limits specified in subsection (2) shall not apply to preliminary master plans, except that the first phase of the final master plan must be approved within twenty-four (24) +� '� (12) months of the approved preliminary master plan. Time limits regarding the construction of improvements authorized by the approved final master phase of the project shall comply with the time limits subsection (4) Extension of Time: plan for each established in a. Filing and Review of Request. No less than thirty (30) days or more than sixty (60) days prior to the expiration date of the permit, the applicant shall file a written request for an extension of time with the deaartment, toaether with the filina fee established by resolution of the City Council. b. For extension reauests not to exceed 180 days: The Director of Development Services may extend the time for an approved permit or approval to be exercised. Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension reauests shall be considered by the oriainal aDDroval authority. c. For extensions reauests of more than 180 days: The review authority for the original project shall consider the request to extend the time for an approved permit or approval to be exercised. `. ^ n a planniRg appliGatien ovniroc rirs ant to a nenditien ref .inn eyal0 the appliGant may apply for an extension of tome. A public hearing shall only be held if it was required on the original application. If notice was required for the original application, notice of the public hearing shall be given according to the procedures set forth in this chapter. (5) Fees for extensions of time for planning applications may be established by resolution of the City Council. (6) Action on Extension Request: A permit or approval may be extended beyond the expiration of the original approval provided the Director or the review authority finds that there have been no changes in the conditions or circumstances of the site: such as Zonina Code or General Plan amendment or other local and statewide regulations affecting the approved development standards or project so that there would have been ground for denial of the original project or any changes to the General Plan and/or Zoning Code that would preclude approval of the same project at the time of the requested extension. (7) Effect of Expiration: After the expiration of the permit or approval, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval, or other City permits or approvals are first obtained. Feesfrror exten�S of tttlYefvr nl zi appliGatiens may be established by reselu Lien of the pity GE innil Chapter XI, Sec. 13-216. - Duration of approval, extension, appeal and abandonment. (a) After receipt of the report of the Planning Commission approving or conditionally approving the tentative map, the subdivider may, within twenty-four (24) months from the date of the approval, proceed to prepare and file a final map as provided in this chapter. However, an extension of time equal tO n„ more than 4 ,� up to 180 days may be granted by the Director of Development Services. Extensions of time greater than 180 days may be granted bV the original approval body for the project. PUBLIC NOTICE The Costa Mesa Municipal Code requires publication of a display advertisement in the local newspaper (Daily Pilot) for amendments to Title 13 Code Amendments. At the time of publication of this report, no public comments have been received. Any correspondence will be forwarded to the City Council under separate cover. ENVIRONMENTAL DETERMINATION The ordinance 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 CEQA because there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment. LEGAL REVIEW The draft ordinance has been reviewed and approved by the City Attorney. CONCLUSION The Planning Commission recommended extending the entitlement times and granting reasonable time extensions for development projects. This is in the best interest of community to be able to have reasonable expectations of how long development projects will take to occur in their neighborhood. The proposed revisions would balance the needs of the applicants with the needs of the residents. MINOO ASHABI, AIA Principal Planner Attachments: 1. Draft Ordinance BARRY CURTIS, AICP Economic and Development Services Director ATTACHMENT 1 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING ZONING CODE AMENDMENT CO -17-05 AMENDING SECTION 13-29 OF CHAPTER III (PLANNING APPLICATIONS) AND SECTION 13-216 OF CHAPTER XI (SUBDIVISIONS), OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE: WHEREAS, the City of Costa Mesa Zoning Code establishes the establishes the parameters for the various types of discretionary planning applications and processing procedures; WHEREAS, once a discretionary application is approved, the applicant has 12 months to meet all the conditions of approval or the discretionary approval expires; WHEREAS, once a subdivision map is approved, an applicant has 24 months to meet all conditions of approval and record the map or the subdivision map approval expires; WHEREAS, an extension of discretionary and subdivision map time limits requires re -review of the project by the Planning Commission; WHEREAS, in an effort to simply the process to extend the time allowed for an application to be exercised, the process to grant extensions should be modified. WHEREAS, this Ordinance 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 will have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: Section 1: Sub -sections (k) (Time Limits) of Section 13-29 of Chapter III (Planning Applications) and Sub -section (a) (Duration of Approval, Appeal and Abandonment) of Chapter XI (Subdivisions) of Title 13 (Planning, Zoning and Development) are hereby amended as follows: Sec. 13-29. - Planning application review process. (k). Time Limits and Extensions (1) Planning applications shall run with the land until revoked, except as provided in this section or in a condition imposed at the time of granting the planning application. (2) a. Unless otherwise specified by condition of approval, any permit or approval not exercised within twenty-four (24) months from the actual date of review authority approval shall expire and become void, unless an extension o+f�. the time is approved in compliance with subsection (4) of this section, iiTth GE).rtFUGt'E�atcrhoriz d by a manning applica+�R ijnot OFnrncTEed withinene year after final approval by the pity, th3�,fh�y e eXGept that when a vesting tentative rnap �S approved for the preieGthen Tthe� t�ne IimiItc to ce1mffme-e� GonStrZTctifeln shall be GOFnrneRSUrate with the torne Immits aSSOGiated with the vesting b The final review authority may extend a planning application for SUeGessiye period of one year upon chGWi mod Ga ice by the appliGant.The permit shall not be deemed "exercised" until at least one of the following has first occurred: 1. A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official. 2. A certificate of occupancy has been issued. 3. The use is established and a business license has been issued. 4. A time extension has been granted in compliance with subsection (3) of this section. (3) The time limits specified in subsection (2) shall not apply to preliminary master plans, except that the first phase of the final master plan must be approved within twenty-four (24) t� '% months of the approved preliminary master plan. Time limits regarding the construction of improvements authorized by the approved final master plan for each phase of the project shall comply with the time limits established in subsection (4) Extension of Time: a. Filing and Review of Request. No less than thirty (30) days or more than sixty (60) days before the expiration date of the permit, the applicant shall file a written request for an extension of time with the department, together with the filing fee established by resolution of the City Council. b. For extension reauests not to exceed 180 days: The Director of Development Services may extend the time for an approved permit or approval to be exercised. Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. c. For extensions requests of more than 180 days: The review authority for the original project shall consider the request to extend the time for an approved permit or approval to be exercised.. `^tea planning application evpirec I irs cant to a nenditien of a eyal the e applicant may apply for an evtenoion of time. A public hearing shall only be held if it was required on the original application. If notice was required for the original application, notice of the public hearing shall be given according to the procedures set forth in this chapter. (5) Fees for extensions of time for planning applications may be established by resolution of the City Council. (6) Action on Extension Request: A permit or approval may be extended beyond the expiration of the original approval provided the Director or the review authority finds that there have been no changes in the conditions or circumstances of the site: such as Zoning Code or General Plan amendment or other local and statewide regulations affecting the approved development standards, or project so that there would have been ground for denial of the original project or any changes to the General Plan and/or Zoning Code that would preclude approval of the same project at the time of the requested extension. (7) Effect of Expiration: After the expiration of the permit or approval, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval, or other City permits or approvals are first obtained. Fees for extensions of tirne for planning applinotionc may be established by resolution of the pity nog innil Sec. 13-216. - Duration of approval, extension, appeal and abandonment. (a) After receipt of the report of the planning commission approving or conditionally approving the tentative map, the subdivider may, within twenty-four (24) months from the date of the approval, proceed to prepare and file a final map as provided in this chapter. However, an extension of time equal to no more than 1 rc.J up to 180 days may be granted by the Director of Development Services. Extensions of time greater than 180 days may be granted by the original approval body for the project. Section 2: 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 no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 3: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. Section 4: Effective Date. 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. PASSED AND ADOPTED this day of 2017. ATTEST: Mayor of the City of Costa Mesa APPROVED AS TO FORM: City Clerk of the City of Costa Mesa City Attorney 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. 17- as introduced and considered section by section at a regular meeting of said City Council held on the day of , 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2017, 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 )2017. City Clerk of the City of Costa Mesa