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
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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