HomeMy WebLinkAbout74-49 Establishing a Planned Development District as an Additional Zone Classification0
TABLE OF CONTENTS
Section 1. Planned Development ..............................
Section 2. Purpose ..........................................
Section 3. Definitions ......................................
Section 4. Zones Created ....................................
Section 5. Permitted Uses ...................................
Section 6. Development Standards ............................
(A) Density .....................................
(B) Site Coverage ...............................
(C) Parcel Size .................................
(D) Open Space ..................................
(E) Maintenance of Common Facilities............
(F) Landscaping .................................
(G) Traffic Circulation .........................
(H) Streets .....................................
(I) Parking .....................................
(J) Perimeters ..................................
(K) Nonresidential Development ..................
(L) Building Spacing ............................
(M) Noise Attenuation ...........................
Section 7. Review Process ...................................
(A) Preapplication Conference ...................
(B) Preliminary Development Plan ................
(C) Final Development Plan ......................
(D) Amendments to the Final Development Plan....
Section 8. Failure to Begin Development .....................
Section 9. Phased Planned Developments ......................
ORDINANCE NO. 74-49
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
ESTABLISHING A PLANNED DEVELOPMENT DISTRICT AS AN ADDITIONAL
ZONE CLASSIFICATION FOR THE CITY; PROVIDING FOR DEFINITIONS,
STANDARDS AND PROCEDURES; SETTING FORTH THE PURPOSE THEREFOR;
AND PROVIDING FOR PERMITTED USES THEREIN.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa hereby
finds and declares that changing concepts of land use require continuous
and frequent updating of land use ordinances.
The City Council of the City of Costa Mesa further finds and
declares that advanced technology in the area of land planning requires
continuous attention to land use ordinances.
The City Council further finds and declares that the greater need
for revised approach to building size, bulk and height as related to land
mass has resulted in a need for ordinance revision.
The City Council further finds and declares that change in
expansion of prior rigid zoning requirements to meet advanced cultural
needs in land use is imperative.
The City Council further finds and declares that the need for the
utilization of more imaginative and innovative planning concepts requires
a change in the land use ordinance for the City of Costa Mesa.
The City Council further finds and declares that the health,
safety and welfare of the community requires the adoption of a planned
development ordinance.
Accordingly, there is herewith adopted the following Article to
Title 13, Chapter II Zoning which shall read as follows:
SECTION 2: "Chapter II ZONING
Article 17
Planned Development Ordinance
Section 1. Planned Developments
A. This ordinance shall be known as the Planned Development
Ordinance and does hereby establish the Planned Develop-
ment (PD) District as an additional zoning classification
in the City of Costa Mesa to achieve the following
objectives and subject to the following definitions,
standards, and procedures.
Section 2. Purpose
A. It is the purpose and intent of the Planned Development
Ordinance to provide a method by which appropriately
located areas of the City of Costa Mesa can be developed
utilizing more imaginative and innovative planning
concepts than would be possible through strict appli-
cation of existing zoning and subdivision regulations.
It is intended that these developments will meet the
broader goals of the General Plan and Land Use Ordinance
by exhibiting excellence in design, site planning,
integration of uses and structures, and protection of
the integrity of neighboring development. Furthermore,
it is the intention of the City of Costa Mesa to
provide a more efficient use of land, additional alter-
native environments and the allocation and maintenance
of more privately controlled and usable open space.
Section 3. Definitions
A. For the purposes of this ordinance the certain words
and phrases listed shall be defined as follows:
(1) Planned Development - A land area which is devel-
oped as an integrated unit under single ownership
or control and having Planned Development designation.
(2) Private Open Space - An area of land located
immediately adjacent to an individual dwelling unit,
owned or leased and maintained by its residents,
and reserved exclusively for their use.
(3) Common Open Space - An area of land reserved
primarily for the leisure and recreational use
of all the Planned Development and owned and
maintained in common by them, generally through
a homeowner's association.
(4) Public Open Space - A parcel of land designed
primarily for the use of the residents of the
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Planned Development but not reserved exclusively
for their use. A public open space is owned
and maintained by the City of Costa Mesa.
(5) Site Area - Site area is equal to the original
parcel size less the area occupied by adjacent
dedicated streets.
(6) Street - A street shall provide primary access
to adjacent land and provide for local traffic
movements. Street does not include driveways
which provide only access to parking areas.
Section 4. Zones Created
A. Land areas receiving Planned Development designation
shall assume the land use classification indicated in
the General Plan of the City of Costa Mesa. Therefore,
the following Planned Development zoning categories
are
created:
(1)
Planned Development
Residential
- Low Density
(PDR -LD) .
(2)
Planned Development
Residential
- Medium Density
(PDR -MD).
(3)
Planned Development
Residential
- High Density
(PDR -HD) .
(4)
Planned Development
Commercial
(PDC).
(5)
Planned Development
Industrial
(PDI).
Section
5. Permitted Uses
No use shall be permitted in any Planned Development District
except in conformity with an adopted Final Development Plan
pursuant to the procedures, policies, and regulations as
established by this ordinance.
A. Planned Development Residential
(1) Single and multiple family residential develop-
ments containing any type or mixture of housing
units, including clustered development, townhouses,
atrium or patio houses, detached houses, duplexes,
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garden apartments, and high rise apartments.
Mobile homes, hotels, motels, boarding houses,
or other similar transient residential facilities
are not permitted.
(2) As a complimentary use, nonresidential uses of
a religious, educational, or recreational nature
may be allowed if the project sponsor provides
adequate evidence that such uses are designed
and intended for the use of the residents of,
and is compatible with, the Planned Development
Residential project.
(3) As a complimentary use, nonresidential uses of
a commercial nature may be allowed if the project
sponsor provides adequate evidence that such uses
are designed and intended primarily for the
use of the residents of, and is compatible with,
the Planned Development Residential project.
B. Planned Development Commercial
(1) Retail shops and service establishments including
those intended to serve adjacent residential areas,
as well as those intended to serve the entire
community and region.
(2) As a complimentary use, residential uses may be
allowed if the project sponsor provides adequate
proof that such uses are intended for the primary
users or proprietors of, and is compatible with,
the Planned Development Commercial Project.
C. Planned Development Industrial
(1) Any use permitted in the MP Industrial Park zone
as established in Ordinance 73-43 of the City of
Costa Mesa.
(2) As a complimentary use, nonindustrial uses of a
commercial nature or residential nature may be
allowed if the project sponsor provides adequate
proof that such uses are designed and intended
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for the sole use of, and is compatible with,
the Planned Development Industrial project.
Section 6. Development Standards
A. Density
(1) Planned Development Residential Density -
The allowable number of dwelling units per acre
in a planned development shall be established by
the General Plan designation of the site:
Low Density Residential 4.0 to 7.9 d.u./acre
Medium Density Residential 8.0 to 15.0 d.u./acre
High Density Residential 15.1 to 30.0 d.u./acre
The lowest density of the applicable range shall
constitute the density entitlement of projects
which meet, but do not materially exceed, the
minimum development standards for planned
developments.
Density increments up to the maximum allowed by
the applicable General Plan classification range
may be approved in order to provide an incentive
for design excellence. Criteria for density
increments include, but shall not be limited to,
the following:
(a) Where the Planned Development preserves natural
features that enhance the development and will
benefit the community (including trees,
scenic points, view corridors, historic
buildings or locations, unique geological
formations and other community assets).
(b) Where the Planned Development provides low
and moderate income housing as a portion of
the total development.
(c) Where review of the proposed Planned Develop-
ment indicates distinctive design including
site planning, structural design, architectural
treatments, landscaping and integration into
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the community.
(d) Where provision of all or part of the required
parking is provided within the principal
structure(s) (i.e., subterranean, tuck under,
etc., parking).
(e) Where facilities for the storage of recreational
vehicles are provided.
(f) Where usable open space is provided in excess
of the required amount for the Planned
Development.
(g) Where the circulation system of the Planned
Development provides for the separation of
pedestrian, vehicular and bicycle traffic
through the provision of bicycle and
pedestrian trails including their linkage
with City-wide networks.
(h) Where the total site coverage is less than
the maximum allowable for the site.
(i) Where the permanent open space required as
a buffer at the perimeter of the Planned
Development exceeds the area required.
B. Site Coverage
(1) The maximum allowable site coverage by buildings
in Planned Development Residential Districts
shall be as follows:
PRD - Low Density = 24% of site area
PRD - Medium Density = 27% of site area
PRD - High Density = 29% of site area
(2) The maximum allowable site coverage in Planned
Commercial Districts shall be 50% of the site
area.
(3) The maximum site coverage in Planned Industrial
Districts shall be 50% of the site area.
C. Parcel Size
(1) A Planned Development shall be of sufficient size,
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composition, and arrangement to enable its feasible
development as a complete unit.
D. Open Space
(1) In Planned Development Residential Districts
open space shall be provided as follows:
PRD - Low Density - 52% of site area
PRD - Medium Density - 45% of site area
PRD - High Density - 42% of site area
The required open space shall be land areas that
are not occupied by buildings, structures, parking
areas, streets or alleys. Said open space shall be
devoted to landscaping, preservation of natural
features, patios, and recreational areas and
facilities. At least 50% of the required open
space shall be designed for use of recreational,
park, or environmental amenity for common enjoy-
ment and use by the residents of the Planned
Development. The remaining required open space
shall be designated private open space and shall
be equally provided to each dwelling unit. Private
open space shall be located immediately adjacent to,
attached to, or within the dwelling unit it is
designed to serve and shall be for the exclusive
use of the residents of that dwelling unit. All
or part of the area required may be provided in
the common open space for multiple story apartments
or condominiums where dwelling units have no
ground floor access, or for other reasons, the
Planning Commission finds that the provisions
of all or part of the required private open space
in the aforementioned manner is impractical or
undesirable. Common Open Space may be distributed
throughout the Planned Development and need not
be in a single large area. Landscaped roof
areas or decks (except as private open space)
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may not be calculated as part of the required
open space but may be included in the total
open space provided in the Planned Development.
(2) In Planned Development Commercial Districts,
the required open space shall be equal in area
to 5% of the paved area (to be provided in the
parking lot and/or adjacent to structures) and
to the landscaped perimeter required in
Section 6(j).
(3) In Planned Development Industrial Districts, the
required open space shall be equal in area to 5%
of the paved area (to be provided in the parking
lot and/or adjacent to structures) and to the
landscaped perimeter required in Section 6(j).
E. Maintenance of Common Facilities
(1) A Planned Development shall be approved subject
to the submission of legal instruments setting
forth a plan or manner of permanent care and main-
tenance of all common open space and other facilities
provided in the final development plan. No such
instrument shall be acceptable until approved by
the City Attorney as to legal form and effect,
and the Planning Commission as to suitability for
the proposed use of the common open space and
subject facilities.
(2) The common open space and other facilities provided
may be conveyed to a public agency or private
association. If the common open space or recrea-
tional facilities are conveyed to a private
association, the developer shall file as part of
the aforementioned instruments a declaration of
covenants and restrictions that will govern the
association. The provisions shall include, but
not be limited to, the following:
(a) The private association must be established
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prior to sale of any unit(s).
(b) Membership must be mandatory for the original
buyer and any successive buyer.
(c) The private association must be responsible
for liability insurance, local taxes (if any),
and the maintenance of common open space and
other facilities.
(d) Each member of the association shall be
assessed a prorata share of the costs incurred
by the association.
(e) The private association must be able to adjust
any assessments to meet changed needs.
(3) The Planning Commission may also require dedication
of development rights or scenic easements to
assure that common open space shall be maintained.
In the event the common open space and other
facilities are not maintained in a manner consistent
with the approved final development plan, the
City may at its option cause such maintenance to
be performed and assess the costs to the affected
property owner(s) or responsible association.
F. Landscaping
(1) A landscape plan, prepared under the direction of
a licensed landscape architect, shall be required
for all open space required or provided in a
Planned Development. Said landscaping plan shall
indicate the spacing, sizes, and specific types
of landscaping material. All open space provided
shall be irrigated. The only exception shall be
where the Planning Commission determines an area
because of its natural beauty or uniqueness would
be most beneficial to the project and the community
if left in its natural or existing condition.
Existing trees shall be preserved wherever possible.
The location of trees must be considered when
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planning common open space, location of buildings,
underground services, walks, paved area, play-
grounds, and parking areas.
G. Traffic Circulation
(1) Primary vehicular access points to the Planned
Development shall be designed to provide smooth
traffic flow with controlled turning movements
and minimum hazards to vehicular, pedestrian
and bicycle traffic. Minor streets within the
Planned Development shall not be connected to
streets outside the development in such a manner
as to encourage their use by through traffic.
(2) Where appropriate, the internal circulation
system shall provide pedestrian and bicycle
paths that are physically separated from vehicular
traffic to serve residential, nonresidential and
recreational facilities provided in or adjacent to
the Planned Development. Where designated bicycle
paths or trails exist adjacent to the Planned
Development, safe, convenient access shall be
provided. The Planning Commission may require
when necessary pedestrian and/or bicycle overpasses,
underpasses or traffic signalization in the vicinity
of schools, playgrounds, parks, shopping areas, or
other uses that may generate considerable pedestrian
and/or bicycle traffic.
H. Streets
(1) The design of public and private streets within
a Planned Development shall reflect the nature and
function of the street. Existing City standards
of design and construction may be modified only
as is deemed appropriate by the Planning Commission
after recommendation by the City Engineer,
Director of Planning, Fire Chief, and Police Chief.
Right of way and pavement widths and street
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widths may also only be reduced by the Planning
Commission where it is found that the final devel-
opment plan for the Planned Development provides
for the separation of vehicular, pedestrian, and
bicycle traffic; that access for public safety and
service vehicles is not impaired; and that adequate
off-street parking has been provided.
(2) All private streets within a Planned Development
shall be dedicated to the City as utility easements
where said easements are necessary.
(3) All private streets shall be conveyed to a private
association where one exists as established by
Section 6(E) of this ordinance.
(4) If the private association or person(s) owning
the private streets in the Planned Development
should in the future request that any private
streets be changed to public streets, the private
association or owner(s) shall agree that before
consideration for acceptance by the City the
private association or owner(s) will bear the
full costs of reconstruction or any other action
necessary to make the streets conform to the
applicable standards for public streets. The
private association or owner(s) shall also agree
that these streets shall be made to conform and
be dedicated to public use without compensation
to the private association or owner(s).
I. Parking
(1) Parking shall be provided as per the off-street
parking requirements found in the Land Use Ordinance
and Off -Street Parking Requirements of the City of
Costa Mesa as amended. In addition, the Planning
Commission may determine that storage areas for
boats, trailers, campers, and other recreational
vehicles shall be required, where the necessity
11
for such facilities has been demonstrated and
where such facilities will preserve the required
off street parking for the use of automobiles.
(2) All parking areas, covered or open, in any Planned
Development shall be screened from view from any
public right of way.
J. Perimeters
(1) Where a Planned Development is adjacent to a public
right of way, a permanent open space at least
twenty-five (25) feet in width shall be required
along the property line(s). This area shall be
kept free of buildings and structures and permanently
maintained in landscaping, screened or protected
by natural features. If the design of this buffer
area enhances the overall development plan and
is readily accessible to the residents of the
Planned Development, it may be included as partial
fulfillment of the common open space requirements
as listed in Section 6(D).
K. Nonresidential Development in Planned Development
Residential Districts
(1) Noncommercial, nonresidential uses of a religious,
educational, or recreational nature shall be
designed primarily for the use of the residents
of the proposed Planned Development. The Planned
Development project sponsor shall submit as part
of the preliminary development plan such evidence
to substantiate his request as the Planning
Director may require.
(2) Nonresidential commercial use proposed within
the Planned Development Residential District shall also
be designed primarily for the use of the residents
of the Planned Development. The developer shall
provide a market analysis that shall demonstrate
the amount of land proposed, is needed for, and
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can realistically be supported in commercial
use. Said market analysis shall be evaluated
by the Director of Planning and his findings
communicated to the Planning Commission along
with the Preliminary Development Plan. The
market analysis shall contain the following
determinations:
(a) Determination of the trade area of the
proposed commercial facilities.
(b) Determination of the trade area population,
present and prospective.
(c) Determination of the effective buying power
in the trade area.
(d) Determination of the net potential customer
buying power for stores in the proposed
commercial facilities and on such basis,
the recommended store types and store floor
areas.
(e) Determination of the residual amount of
buying power in the trade area and how it
may be expected to be expanded in other
business areas serving the trade area.
(3) Commercial development within a Planned Development
shall be located so as to be accessible in a manner
that does not create traffic congestion or hazards
to any street. Location, off-street parking, and
loading requirements shall be determined as
appropriate to the particular planned development.
Consideration shall be given to anticipated
pedestrian, bicycle, and vehicular trade, adjacent
development that may provide multiple use of
off-street parking facilities and the types of
commercial uses provided.
(4) Parking areas, service areas, buffers, entrances,
exits, yards, courts, landscaping, graphics, and
13
lighting shall be designed as integrated portions
of the total planned development and shall project
the residential character thereof.
(5) No building permit for any nonresidential uses
may be issued until 50% of the total number of
dwelling units proposed in the final development
plan have been completed.
L. Building Spacing
(1) Each Planned Development shall provide reasonable
visual and acoustical privacy for dwelling units.
Fences, insulation, walks, barriers, landscaping,
and sound reducing construction techniques shall
be used as appropriate for the aesthetic enhancement
of property and the privacy of its occupants, the
screening of objectionable views or uses, and the
reduction of noise.
(2) No specific yard, setback, lot size, or building
height requirements shall be imposed in the
Planned Development District provided that the
spirit and intent of this section and the Planned
Development Ordinance are complied with in the
final development plan. The Planning Commission
may determine that certain setbacks be required
within all or a portion of a Planned Development.
M. Noise Attenuation
(1) When, in the opinion of the Planning Director,
a proposed Planned Unit Development may be
situated in a noise environment which will
adversely affect the peace, tranquility and
privacy of its inhabitants, an acoustical
analysis may be required. Said analysis
shall be conducted by a qualified acoustical
engineer and include a description of the
noise environment and the construction or
other methods necessary to attenuate the
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noise to the required level. The aforementioned
plans shall be submitted with the Preliminary
Development Plan.
Section 7. Planned Development Review Process
A. Preapplication Conference
To obtain information, each applicant shall confer
with the Planning Director or his designated representative
and interested department heads or their designated
representatives in connection with the preparation of
the Planned Development application. It shall be the
responsibility of the Planning Director to invite
the department heads to a joint meeting. The general
outlines of the proposal, evidenced schematically by
sketch plans, are to be considered prior to submission
of the Planned Development application. Thereafter
the Director of Planning shall furnish the applicant
with his written comments regarding such conference,
including appropriate recommendations to inform and
assist the applicant prior to his preparing the
components of the Planned Development application.
B. Preliminary Development Plan
Upon receipt of a completed application for Planning
Commission approval, the Planning Department of the
City of Costa Mesa shall schedule a time and place
of public hearing for said application not less than
twenty (20) nor more than forty-five (45) days there-
after. Notice of such hearing shall be given in a
newspaper of general circulation in the City of
Costa Mesa. The completed application for Planning
approval shall be known as the Preliminary Development
Plan. The Preliminary Development Plan shall include
the following information:
(1) Written Documents
(a) A legal description of the total site proposed
for development, including a statement of
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present and proposed ownership and present
and proposed zoning.
(b) A statement of planning objectives to be
achieved by the Planning Development through
the particular approach prepared by the
applicant. This statement should include
a description of the character of the proposed
development and the rationale behind the
assumptions and choices made by the applicant.
(c) A development schedule indicating the approxi-
mate date when construction of the Planned
Development or stages of the Planned Development
can be expected to begin and be completed.
(d) Quantitative data for the following: Total
number and type of dwelling units; parcel size;
proposed lot coverage of buildings and structures,
approximate gross and net residential densities;
total amount of open space (including a separate
figure for usable open spaces); total amount of
nonresidential construction including a separate
figure for commercial or institutional facilities
if applicable; economical feasibility studies
or market analysis where necessary, environ-
mental impact report where necessary and other
studies as required by the Planning Department.
(2) Site Plan and Supporting Maps
A site plan and any maps necessary to show the major
details of the proposed Planned Development must
contain the following minimum information.
(a) The existing site conditions including contours
at two (2) foot intervals, water course,
flood plains, unique natural features, and
all existing trees of five (5) inches or
more in diameter.
(b) Proposed lot lines and plot designs.
QR
(c) The location and floor area size of all
existing and proposed buildings, structures
and other improvements including maximum
heights, types of dwelling units, density per
type, nonresidential structure including
commercial facilities; preliminary elevations
and architectural renderings of typical
structures and improvements.
(d) The location and size in acres or square
feet, whichever is appropriate, of all areas
to be conveyed, dedicated, or reserved as
common open spaces, public parks, recreational
areas, school sites, and similar public and
semipublic uses.
(e) The existing and proposed circulation system
of arterial, collector and local streets
including off-street parking areas and major
points of access to public rights-of-way
(including major points of ingress and egress
to the development). Notations of proposed
ownership, public or private, should be
included where appropriate.
(f) The existing and proposed pedestrian and
bicycle circulation system including its
interrelationship with the vehicular
circulation system indicating proposed treat-
ment of points of conflict.
(g) The existing and proposed utility systems
including sanitary sewers, storm sewers
and water, electric, gas and telephone lines.
(h) A general landscape plan and irrigation plan
indicating the treatment of materials used
for private and common open spaces.
(i) Enough information on land areas adjacent to
the proposed Planned Development to indicate
17
the relationships between the proposed
development and existing and proposed
adjacent areas including land uses, zoning
classifications, densities, circulation
systems, public facilities, and unique
natural features of the landscape.
(j) The proposed treatment of the perimeter
of the Planned Development including
materials and techniques used such as
berming, landscaping, screens, fences, and
walls.
(k) Any additional information as required by
the Planning Director necessary to evaluate
the character and impact of the proposed
Planned Development including any necessary
zone changes and/or tract or parcel maps
as required by the Costa Mesa Subdivision
Ordinance, development plans, and general
land uses, densities and site design of
remaining stages.
(3) Prior to the scheduled public hearing, the Director
of Planning and/or his Staff shall evaluate the
Preliminary Development Plan and report its
findings to -the Planning Commission in writing.
(4) At the public hearing the Planning Commission,
after weighing all the evidence presented to it,
shall in writing either approve the Preliminary
Development Plan as presented, approve the Plan
subject to specified modification or disapprove it.
(5) If the Preliminary Development Plan is approved
subject to modification, the City Council shall
not officially amend the zoning map or authorize
final approval of any Tentative Tract Map or
parcel map required by the Planned Development
and no building permit shall be issued until the
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Final Development Plans for the total project
area have been approved by the Planning Commission.
Within a maximum of twelve (12) months following
the approval of the Preliminary Development Plan,
the applicant shall file with the Planning Commission
a Final Development Plan containing in detail the
information required in Section 7(B). At its
discretion and for good cause, the Planning Commission
may extend for twelve (12) months the period for
filing of the Final Development Plan. If the
applicant fails to apply for final approval for
any reason, the tentative approval shall be deemed
to be revoked and all of that portion of the area
included in the Development Plan for which final
approval has not been given shall be subject to
the zoning and subdivision ordinances otherwise
applicable to said property.
C. Final Development Plan
Upon receipt of the Final Development Plan, the Planning
Department of the City of Costa Mesa shall review said
plan and schedule it for review by the Planning Commission
not less than twenty (20) nor more than forty-five (45)
days thereafter. Notice shall be given in a newspaper
of general circulation in the City of Costa Mesa.
The Final Development Plan shall be reviewed by the
Planning Department and Planning Commission to determine
substantial compliance of the Final Development Plan
with the Preliminary Development Plan. Said review shall
also determine the Final Development Plan's quality
and compliance with the intent and development standards
of the Planned Development Ordinance.
(1) The Final Development Plan shall include all of
the information required in the Preliminary Develop-
ment Plan in its finalized, detailed form. In
addition, any new items not submitted with the
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Preliminary Development Plan, any final subdivision
plots, any required dedication documents and/or
improvement bonds should be submitted at this time.
(2) The Planning Commission after reviewing the
Final Development Plan shall in writing, either
approve the Final Development Plan as presented,
approve the plan subject to specified modifications,
or disapprove it. The Planning Commission shall
then, by a Resolution of the Planning Commission
carried by the affirmative vote of not less than
a majority of its total voting members, forward
said resolution along with the reasons for its
recommendation to the City Council.
(3) Upon receipt of the Final Development Plan, the
City Council may by Ordinance adopt the Final
Development Plan. Prior to adoption of the Final
Development Plan, the City Council shall hold at
least one (1) public hearing. Notice of such
hearing shall be given in a newspaper of general
circulation at least ten (10) days prior to such
hearing.
(4) The City Council shall not approve any major change
or addition in any Final Development Plan recom-
mended by the Planning Commission until the
proposed major change or addition has been referred
to the Planning Commission for a report and a copy
of the report has been filed with the City Council.
Failure of the Planning Commission to report within
forty (40) days after the reference shall be deemed
to be approval of the proposed changes or addition.
It shall not be necessary for the Planning Commission
to hold a public hearing on such change or addition.
D. Amendments to the Final Development Plan
Minor changes in the location, siting or character of
buildings and structures may be authorized by the
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Planning Director if required by Engineering or other
circumstances not foreseen at the time the Final
Development Plan was approved. No change authorized
under this section may cause any of the following:
(1) A change in the use or character of the development.
(2) An increase in the overall density or intensity
of use.
(3) An increase in overall coverage of structures.
(4) A reduction or change in character of approved
open space.
(5) A reduction of required off-street parking.
(6) A detrimental alteration to the pedestrian,
vehicular and bicycle, circulation and utility
networks.
(7) A reduction in required street pavement widths.
All other changes in use, or rearrangement of lots,
blocks, building tracts or groupings, or any changes
in the provision of common open space and change
other than as noted above, shall be made by the City
Council after report of the Planning Director and
recommendation by the Planning Commission. Such
amendments may be made only if they are shown to be
required by changes in conditions that have occurred
since the Final Development Plan was approved. Any
changes in the Final Development Plan must be
recorded as amendments in accordance with the procedure
established for adopting the Final Development Plan with
the exception that prior to making its recommendation
to the City Council, the Planning Commission shall hold
at least one (1) public hearing.
Section 8. Failure to Begin Development
If no construction has occurred in the Planned Development pursuant
to the Final Development Plan within twelve (12) months from the
approval of the Final Development Plan by the City Council, the
approved plan shall become null and void and a new Development Plan
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shall be required for any development on subject property.
The City Council, upon showing good cause by the developer,
may extend for periods of twelve (12) months the time for
beginning construction.
Section 9. Phased Planned Developments
If the sequence of construction of various portions of the
Final Development Plan is to occur in stages, then the open
space and/or recreational facilities shall be developed
in proportion to the number of dwelling units intended
to be developed during any given stage of construction.
Furthermore, at no time during the construction of the
project shall the number of constructed dwelling units
per acre of developed land exceed the overall density per
acre established by the approved Final Development Plan:'
SECTION 3: This ordinance shall take effect and be in full
force and effect thirty (30) days from and after its passage, and before
the expiration of fifteen (15) days after 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, together with the names
of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 15th day of October , 1974.
ATTEST:
City Clerk of the City of
Costa Mesa
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Mayor of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the above
and foregoing Ordinance No. 74-49 was introduced and considered section
by section at a regular meeting of said City Council held on the
17th day of September , 1974, and thereafter passed and adopted
as a whole at a regular meeting of said City Council held on the
15th day of October , 1974, by the following roll call vote:
AYES: COUNCIL MEMBERS: Wilson, Hammett, Raciti, Hertzog
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pinkley
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal
of the City of Costa Mesa this 16th day of October , 1974.
City Clerk and ex -officio Clerk
of the City Council of the City
of Costa Mesa
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