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HomeMy WebLinkAbout05 - PH-1 - Code Amendment CO-16-04A- Amendment - 10/3/2017CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 3, 2017 ITEM NUMBER: PH -1 SUBJECT: CODE AMENDMENT CO -16-04A - AMENDMENT TO ARTICLE 1 (RESIDENTIAL DISTRICTS) OF CHAPTER 5 (DEVELOPMENT STANDARDS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE REGARDING ACCESSORY STRUCTURES DATE: SEPTEMBER 21, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: WILLA BOUWENS-KILLEEN/ZONING ADMINISTRATOR FOR FURTHER INFORMATION CONTACT: WILLA BOUWENS-KILLEEN, AICP (714) 754-5153 willa.bouwens-killeen@costamesaca.gov RECOMMENDATION Give first reading to Ordinance No. 17-xx, to be read by title only, adopting Zoning Code Amendment CO -16-04A to amend Article 1 (Residential Districts) of Chapter V (Development Standards) of Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code. BACKGROUND On April 10, 2017, the Planning Commission held a public hearing and recommended first reading of an ordinance to modify Zoning Code provisions related to accessory structures in the Single Family Residential (R1) zone. The proposed code amendments relate to an increase in building height that would allow a decrease in setbacks for certain accessory structures. Links to the staff report prepared for the April 10, 2017 Planning Commission meeting as well as the minutes are provided below: Staff report: http://www.costamesaca.gov/ftp/pIanningcommission/agenda/2017/2017-04-10/PH-2.pdf Minutes: httD://www.costamesaca.aov/modules/showdocument.asDx?documentid=26065 ANALYSIS The proposed code amendment includes the following change: New Maximum Heights for Accessory Structures in the R1 (Single Family Residential Zones) The Costa Mesa Zoning Code ("Code") currently contains a 6 -1/2 -foot maximum height for accessory structures closer than 5 -feet from interior side property lines and 10 -feet from rear property lines. An increase from 6-1/2 feet to 8 feet will allow these higher structures to be placed up to a 0 -foot interior side and rear setbacks. The front and street -side setbacks (20 -feet and 10 -feet, respectively) are not proposed to change. Additionally, a maximum area of 120 square feet for these accessory structures is also proposed. (Accessory structures up to 120 square feet in area are exempt from building permit requirements.) It has become apparent that the City's requirements regarding accessory structures are restrictive. Relaxing the standards by increasing the maximum allowable height of accessory structures while retaining the 0 -foot side and rear setback for most properties, will allow greater flexibility for homeowners with little or no impact on neighbors. PUBLIC NOTICE As required by the Code, an advertisement was published in the Daily Pilot relating to the proposed amendments. At the time of preparation of this report, no public comments have been received. Any correspondence received will be forwarded to the City Council under separate cover. 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 CEQA Guidelines Section 15061(b)(3) (General Rule), in that it can be seen with certainty that there is no possibility that the proposed amendments to the Zoning Code will have a significant effect on the environment. Further, the amendments to Title 13, Chapter V, Article 1 involve the new construction or conversion of small structures and are therefore exempt pursuant to CEQA Guidelines Section 15303(e). LEGAL REVIEW The City Attorney's Office has reviewed the draft ordinances and approved them as to form. CONCLUSION Adoption of the ordinance will allow greater flexibility for the placement and installation of accessory structures in the single-family residential zone. WILLA BOUWENS-KILLEEN, AICP BARRY CURTIS, AICP Zoning Administrator Economic and Development Services Department Director Attachments: 1. Draft Ordinances — red line and clean copy ATTACHMENT 1 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -16- 04A TO AMEND ARTICLE 1 (RESIDENTIAL DISTRICTS) OF CHAPTER V (DEVELOPMENT STANDARDS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE REGARDING ACCESSORY STRUCTURES THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The City Council finds as follows: WHEREAS, Code Amendment CO -16-04A to amend Title 13, Chapter V, Article 1 would allow greater flexibility for placing accessory structures in the R1 — Single Family Residential zone. WHEREAS, the changes would still allow construction of accessory structures without impacting viewscapes and without requiring building permits, in certain cases. SECTION 2: Title 13, Chapter V, Article 1, Table 13-32 (Residential Development Standards) of the Costa Mesa Municipal Code is hereby amended as follows: RESIDENTIAL DEVELOPMENT STANDARDS SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setbacks from streets are measured from the ultimate property line shown on the master plan of highways). STANDARDS R1 R2 -MD R2 -HD R3 Front 20 feet Interior property line: 5 feet. Note: Accessory structures that do not exceed " 8 feet in height and 120 square feet in area in the R1 zone or 15 feet in height in the other residential zones may have a zero side setback. Side Property line abutting a public street: 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 property line. Property line abutting an alley: 5 feet 20 feet for 2 story structures. Rear (not 10 feet for 1 story structures (15 15 feet for 2 story structures. abutting a foot maximum height) provided that 10 feet for 1 story structures (15 -foot maximum publicly maximum rear yard coverage is not height). dedicated alley) exceeded. Note: Accessory structures that do Note: Accessory structures that do not exceed 15 not exceed 6Y2 8 feet in height and feet in height may have a zero rear yard setback, 120 square feet in area in the R1 SECTION 3: Title 13, Chapter V, Article 1, Section 13-33 of the Costa Mesa Municipal Code is hereby amended as follows: Sec. 13-33. - Accessory buildings and structures. (a) Accessory buildings or structures nons+ru Gted nloser +hon seventy five (75) foo+ from the frnn+ pro ino�Tthe frnn+ one half (14) of the lot whiGheyer is les -s-, over 8 feet in height shall be reviewed by the planning division for adequate s /+roon inr. end compatibility with the main structure. zone or 15 feet in height in the R2 except on corner lots (see R2 -MD and R2 -HD zones may have a zero rear yard column for setbacks for corner lots). setback, except on corner lots in the R2 zones. Corner lots in the R2 -MD R2 -HD & R3 zones: a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street. b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures. Rear (not abutting a publicly dedicated alley, street, or park): Main Buildings: 25% of rear yard area.* Rear yard Accessory Buildings: 50% of rear coverage yard area.* Rear yard area equals lot width, Not applicable (maximum) measured from side property line to side property line, multiplied by 20 feet. Rear abutting a publicly dedicated alley, street, or park: Not applicable 5 feet; however, garages may be required to setback further to ensure adequate back Rear abutting a up distance. Rear Yard Coverage does not apply. publicly Note: Accessory structures that do not exceed 614 8 feet in height and 120 square feet dedicated alley, in area in the R1 zone or 15 feet in height in the other residential zones may have a street, or park zero rear yard setback, except on corner lots in the R2 and R3 zones where accessory structures shall maintain setbacks for main structures. Bluff top setback No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF - TOP DEVELOPMENT). SECTION 3: Title 13, Chapter V, Article 1, Section 13-33 of the Costa Mesa Municipal Code is hereby amended as follows: Sec. 13-33. - Accessory buildings and structures. (a) Accessory buildings or structures nons+ru Gted nloser +hon seventy five (75) foo+ from the frnn+ pro ino�Tthe frnn+ one half (14) of the lot whiGheyer is les -s-, over 8 feet in height shall be reviewed by the planning division for adequate s /+roon inr. end compatibility with the main structure. SECTION 4: 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 CEQA Guidelines Sections 15303(e) and 15061(b)(3) (General Rule), in that the City Council hereby finds the Ordinance involves the new construction or conversion of small structures and that it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. SECTION 5: 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 the extent necessary to affect the provisions of this ordinance. SECTION 6: 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 7: 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. PASSED AND ADOPTED this day of ATTEST: Brenda Green, City Clerk Katrina Foley, Mayor APPROVED AS TO FORM: 2017. Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, do hereby certify that the foregoing ordinance was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the day of , 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this day of 2017. BRENDA GREEN, CITY CLERK (SEAL) ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -16- 04A TO AMEND ARTICLE 1 (RESIDENTIAL DISTRICTS) OF CHAPTER V (DEVELOPMENT STANDARDS) OF TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: FINDINGS The City Council finds as follows: WHEREAS, Code Amendment CO -16-04A to amend Title 13, Chapter V, Article 1 would allow greater flexibility for placing accessory structures in the R1 — Single Family Residential zone. WHEREAS, the changes would still allow construction of accessory structures without impacting viewscapes and without requiring building permits, in certain cases. SECTION 2: Title 13, Chapter V, Article 1, Table 13-32 (Residential Development Standards) of the Costa Mesa Municipal Code is hereby amended as follows: RESIDENTIAL DEVELOPMENT STANDARDS SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setbacks from streets are measured from the ultimate property line shown on the master plan of highways). STANDARDS R1 R2 -MD R2 -HD R3 Front 20 feet Interior property line: 5 feet. Note: Accessory structures that do not exceed 8 feet in height and 120 square feet in area in the R1 zone or 15 feet in height in the other residential zones may have a zero side setback. Side Property line abutting a public street: 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 property line. Property line abutting an alley: 5 feet 20 feet for 2 story structures. Rear (not 10 feet for 1 story structures (15 15 feet for 2 story structures. abutting a foot maximum height) provided that 10 feet for 1 story structures (15 -foot maximum publicly maximum rear yard coverage is not height). dedicated alley) exceeded. Note: Accessory structures that do Note: Accessory structures that do not exceed 15 not exceed 8 feet in height and 120 feet in height may have a zero rear yard setback, square feet in area in the R1 zone SECTION 3: Title 13, Chapter V, Article 1, Section 13-33 of the Costa Mesa Municipal Code is hereby amended as follows: Sec. 13-33. - Accessory buildings and structures. (a) Accessory buildings or structures over 8 feet in height shall be reviewed by the planning division for compatibility with the main structure. or 15 feet in height in the R2 zones except on corner lots (see R2 -MD and R2 -HD may have a zero rear yard setback, column for setbacks for corner lots). except on corner lots in the R2 zones. Corner lots in the R2 -MD R2 -HD & R3 zones: a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street. b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures. Rear (not abutting a publicly dedicated alley, street, or park): Main Buildings: 25% of rear yard area.* Rear yard Accessory Buildings: 50% of rear coverage yard area.* Rear yard area equals lot width, Not applicable (maximum) measured from side property line to side property line, multiplied by 20 feet. Rear abutting a publicly dedicated alley, street, or park: Not applicable 5 feet; however, garages may be required to setback further to ensure adequate back Rear abutting a up distance. Rear Yard Coverage does not apply. publicly Note: Accessory structures that do not exceed 8 feet in height and 120 squarefeet in dedicated alley, area in the R1 zone or 15 feet in height in the other residential zones may have a zero street, or park rear yard setback, except on corner lots in the R2 and R3 zones where accessory structures shall maintain setbacks for main structures. Bluff top setback No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF - TOP DEVELOPMENT). SECTION 3: Title 13, Chapter V, Article 1, Section 13-33 of the Costa Mesa Municipal Code is hereby amended as follows: Sec. 13-33. - Accessory buildings and structures. (a) Accessory buildings or structures over 8 feet in height shall be reviewed by the planning division for compatibility with the main structure. SECTION 4: 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 CEQA Guidelines Sections 15303(e) and 15061(b)(3) (General Rule), in that the City Council hereby finds the Ordinance involves the new construction or conversion of small structures and that it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. SECTION 5: 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 the extent necessary to affect the provisions of this Ordinance. SECTION 6: 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 7: 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. PASSED AND ADOPTED this ATTEST: Brenda Green, City Clerk day of Katrina Foley, Mayor APPROVED AS TO FORM: 2017. Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, do hereby certify that the foregoing ordinance was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the day of , 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this day of 2017. BRENDA GREEN, CITY CLERK (SEAL)