HomeMy WebLinkAbout18-10 - Code Amendment CO-18-02, related to Residential Small Lot Subdivision StandardsORDINANCE NO. 18-10
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT CO -18-02 AMENDING TITLE 13,
CHAPTER V, ARTICLE 2.5, RESIDENTIAL SMALL LOT SUBDIVISION STANDARDS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: FINDINGS
The City Council finds as follows:
WHEREAS, the Small Lot Ordinance (SLO) which allows subdivision of 15 or less
fee simple lots for multiple -family properties was adopted on April 1, 2014.
WHEREAS, the first amendment was adopted in April 21, 2015 revising the side
yard setback and parking standards.
WHEREAS, the Planning Commission held two duly -noticed public hearings on
April 9, 2018 and May 31, 2018 and considered the staff report and recommendations by
staff and public testimony regarding amendments to Article 2.5 of the Zoning Code,
pertaining to Small Lot Subdivision standards.
WHEREAS, on May 31, 2018, the Planning Commission recommended that the
City Council approve Code Amendment CO -18-02 modifying the Small Lot Subdivision
standards.
WHEREAS, the City Council gave first reading to Ordinance No. 18-10 on
September 4, 2018, revising Title 13, Article 2.5 of the Municipal Code with respect to
Small Lot Ordinance.
WHEREAS, to modify and improve the SLO development standards, the following
revisions to development standards are hereby approved.
SECTION 2: Title 13, Chapter V, Article 2.5 of the Costa Mesa Municipal Code is hereby
amended as follows:
A) Section 13-42.1: PURPOSE
The purpose of this article is to regulate development and subdivision of small lots
within residential zoning districts and overlay districts where residential and live/work
projects are permitted. The ownership and occupancy of these developments shall be
subject to applicable laws for the general health, safety and welfare of the public. This
type of subdivision is intended to provide flexible development standards and to
promote a wider range of homeownership of individual lots in multiple -family
residential districts.
Ordinance No. 18-10 Page 1 of 9
B) Section 13-42.2: PLANNING APPLICATION REQUIRED
a) Small lot subdivisions are permitted in appropriate residential districts and
not in combination with other development standards in the overlays zones,
subject to approval of the following planning application as may be
applicable. This requirement is in addition to other permits or certificates
required by law.
1) All new small lot development projects shall be processed according to
the design review procedures contained in Section 13-29.
2) All small lot development projects require approval of a tentative tract or
parcel map as required by law. A tentative tract map or parcel map shall
not be required until a design review has been approved; however, the
map may be processed concurrently.
b) No person shall construct, sell, lease, convey, maintain or use a lot in a
small lot subdivision project within the city without first complying with the
provisions of this article. (Ord. No. 14-04, § 2B., 4-1-14)
C) Section 13-42.3 DEVELOPMENT STANDARDS AND REQUIREMENTS:
a) Applicability. The provisions of this section shall apply to all new residential
small lot subdivisions of 15 lots or less in multi -family zones and not in
combination with other development standards in the overlays zones.
b) Development standards. Table 13-42 identifies the development standards
for small lot subdivision developments. See also Article 9 general site
improvement standards of this chapter for additional requirements. Projects
shall comply with all applicable standard plans and specifications and
adopted city and state codes, as well as the following provisions:
(1) The location and orientation of all buildings shall be designed and
arranged to preserve natural features by minimizing the disturbance
to the natural environment. Natural features such as trees, groves,
waterways, scenic points, historic spots or landmarks, bluffs or slopes
shall be delineated on the site plan and considered when planning
the location and orientation of buildings, open spaces, underground
services, walks, paved areas, playgrounds, parking areas and
finished grade elevations. Pre-existing development should guide the
building setbacks and new development should preserve the existing
character of the neighborhood.
(2) The site design must consider both the design elements of each unit
and how these designs will enhance the overall neighborhood
character and vitality of the street and sidewalk. Building setbacks
and site planning must relate to surrounding built form, respecting the
overall neighborhood character and existing topography. Additionally,
each unit must exhibit a high level of design quality with well -
articulated entries and facades, proportionate windows, quality
building materials and contextual landscaping.
Ordinance No. 18-10 Page 2 of 9
(3) All structures proposed to be constructed within a project shall
conform to the following requirements:
a. Each unit shall be provided with direct pedestrian and vehicular
access to a public street, or an alley or a common drive
connecting to a public street/alley.
b. Structures having dwelling units attached side by side shall be
composed of no more than four (4) dwelling units.
c. Structures having dwelling units attached side by side shall
include a break in the facade by having an offset in the front
building line.
d. Structure shall be constructed to minimize impact of the
proposed development on the light, air and privacy of adjacent
properties.
(4) On-site lighting shall be provided in all parking areas, vehicular access
ways, and along major walkways. The lighting shall be directed onto
driveways and walkways within the project and away from dwelling
units and adjacent properties, and shall be of a type approved by the
development services department.
(5) The development shall comply with the provisions of Chapter XI,
subdivisions, which may include, but are not limited to, land
dedication and improvements, such as drainage improvements and
payment of fees.
(6) Outside uncovered and unenclosed storage of boats, trailers,
recreational vehicles and other similar vehicles shall be prohibited
unless specifically designated areas for the exclusive storage of such
vehicles are set aside on the final master plan and provided for in the
covenants, conditions, and restrictions. Where such areas are
provided, they shall be enclosed and screened from view on a
horizontal plane from adjacent areas by a combination of six-foot high
opaque fences and permanently maintained landscaping.
Table 13-42
SMALL LOT SUBDIVISION STANDARDS
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling unit lots
and excluding townhouses)
Maximum Number of Stories &
2 stories/ 27 feet, except as allowed in the Westside Overlay Districts.
Building Height
Note: Lofts, as defined in section 13-6, without exterior access and
having only clerestory windows will not be regarded as a story. See
also Attic discussion below.
Ordinance No. 18-10 Page 3 of 9
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling unit lots
and excluding townhouses)
Attics
Attics shall not be heated or cooled, nor contain any electrical outlets or
operable windows. In zoning districts where the maximum number of
stories is two stories, attics above second stories shall be an integral part
of the second story roof line and not appear as a 31d story on any building
elevation. Windows in any attic space above the second story shall be
incidental and limited to a dormer style.
Maximum Density (based on
Same as underlying zoning district or as specified in an applicable
gross acreage)
specific plan.
Minimum Open Space
35% of total lot area. No asphalt shall be permitted for paved areas.
(development lot)
Parking and driveways shall consist of decorative concrete, pavers or
other materials as deemed appropriate by the Development Services
Director. This requirement may be decreased to a minimum of up to 30
percent, if the difference in the area is provided as additional open guest
parking, located in a common area, and not exclusive for any specific unit.
Minimum Open Space
200 square feet with no dimension less than 10 feet.
(individual unit)
Development Lot
Separately owned private property interests or any portion thereof,
necessary or desirable for common use, are subject to recordation of an
easement for reciprocal access and maintenance. All areas of a
development with 5 or more parcels, subject to a reciprocal access and/or
maintenance easement shall be maintained by an association that may
be incorporated or unincorporated. The association may be referred to
as a maintenance association.
Parking
• Three bedroom or more units (including a den or home office) — two
garage spaces and two open parking spaces
• Two bedrooms or less units (including a den) — two garage spaces
and one open parking
• No tandem parking is permitted for open or guest parking spaces.
For developments with 5 or more units (up to 10 units) where
open/guest parking spaces are provided in driveways in front of
garages for exclusive use of that unit, one additional on-site guest
parking shall be provided. Two additional open guest -parking shall be
provided for developments with more than 10 units.
• For all small lot developments subject to the provisions of this article,
all open parking not located within an individual driveway shall be
unassigned and nonexclusive.
Distance between buildings
6 feet minimum
Driveway width
10 -foot minimum, except 16 -foot minimum driveway is required if the
(development lot)
driveway serves tenants and/or guest parking for more than one dwelling
unit. Driveway width shall be a maximum of 26 feet for lots less than 50
feet wide and a maximum of 50% for lots greater than 50 feet wide.
Driveway length
Straight -in driveways to garages shall have a minimum length of 19 -feet
from the ultimate public or private right of way. No driveways shall be
more than 5 feet in length if parking is not provided in front of garage.
Driveways accessing rear parcels shall be in compliance with the
requirements of the Parking Design Standards, minimum separation
Ordinance No. 18-10 Page 4 of 9
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling unit lots
Open, unenclosed stairways.
and excluding townhouses)
Chimneys
between driveways and maximum 50% hardscape requirement.
Mechanical equipment,
Roof -top location is prohibited unless completely screened from public
excluding antennas and flush-
rights-of-way and adjacent properties.
mounted solar panels on roofs
Guest parking shall be located within a reasonable distance of the unit it
Front
20 feet
Development Lot:
distance to the units they are intended to serve are prohibited.
Side yard (interior)
5 feet.
Rear yard (interior)
15 feet
Side (street side, if applicable)
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 ultimate public
Above -Ground Pools and Spas
or private right of way.
Rear Abutting a Publicly
5 feet; however, garages may be required to set back further to ensure
Dedicated Alley
adequate back up distance. Rear Yard Coverage does not apply.
Flag Lots and Alley fronting lots
Flag lots are required to be accessed with a minimum 16 -foot wide
FENCES AND WALLS
driveway. Parcels with alley frontage should include a minimum 8 -foot
wide pedestrian access to the public street in the front. Parcels with
frontage only on public alleys are prohibited.
Bluff Top Setback
No building or structure closer than 10 feet from bluff crest (see Section
13-34 BLUFF -TOP DEVELOPMENT).
Roof or Eaves Overhang;
2 feet 6 inches into required side setback or building separation area.
Awning
5 feet into required front or rear setback.
Open, unenclosed stairways.
Not permitted
Chimneys
May extend 2 feet above maximum building height.
Fireplaces
2 feet into required setback of building separation area
Automatic roll -up garage doors
Required
Location of Open Parking
Guest parking shall be located within a reasonable distance of the unit it
serves. Detached garages that are not located within a reasonable
distance to the units they are intended to serve are prohibited.
Trash Storage
All units shall be provided with a small alcove inside or outside the unit to
allow storage of at least three trash carts without encroaching into the
garage space.
All efforts shall be made to provide on-site trash service. Trash carts shall
be stored on-site for trash pick up to the greatest extent possible.
Above -Ground Pools and Spas
Prohibited in front yards and subject to 5 -foot side and rear setback from
the main structures.
LANDSCAPING
A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be
approved by the Planning Division prior to issuance of any building permits.
SIGNS (See Chapter VIII).
FENCES AND WALLS
Ordinance No. 18-10 Page 5 of 9
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling unit lots
and excluding townhouses)
Fences and walls placed between the property line and required setback line for main buildings shall
conform to the City's walls, fences, and landscaping standards.
See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information.
PREEXISTING DEVELOPMENT
Small Lot subdivisions and structures constructed, permitted or approved under the Small Lot Ordinance
prior to October 18, 2018 shall be considered conforming with regard to the above provisions.
C) Documents required.
(1) Project approval is subject to submission of complete organizational
documents setting forth a plan or manner of permanent care and maintenance
of any open spaces, recreational areas and commonly used areas/facilities. No
such documents shall be acceptable until approved by the city attorney as to
legal form and effect, and by the planning division as to suitability for the
proposed use of the open areas.
(2) Prior to entering into a sales agreement for any property within a small lot
subdivision, the developer shall disclose general information regarding the
property to the future homebuyers, including but not limited to the following:
a. The type, thickness, and R -value of the insulation that has been
installed in the home.
b. Any exposed hazards during and after construction (Lead-based paint,
asbestos, etc.).
c. Uses other than residential in proximity to the project.
d. Unusual adjacent zoning.
e. Distance to airport if within two miles.
f. Where soils, filled ground and geologic information is available.
g. Any special costs that will be incurred by the lot buyer as a result of the
installation of a building foundation or any other construction due to
unusual soil/geological conditions.
h. If there is fill in excess of two (2) feet.
i. Schools servicing subdivision and any special conditions.
j. Any unusual flooding conditions.
k. Conditions of approval by the city and any resale restrictions.
I. Dedications and easements.
m. Project phasing plan.
n. CC&Rs.
Ordinance No. 18-10 Page 6 of 9
(3) All small lot subdivisions shall file a declaration of covenants to be submitted
with the application for approval. The declaration of covenants shall include,
but not be limited to, the following provisions.
a. The homeowners' association or a maintenance association (as
applicable) shall be established prior to the sale of any unit(s).
b. Membership in the homeowners or maintenance association shall be
mandatory for each owner and any successive owner.
c. Provisions to restrict parking upon other than approved and developed
parking spaces and to require that garages be kept available for
resident parking shall be written into the covenants, conditions and
restrictions for each project.
d. If the development is constructed in increments or phases which require
one or more final maps, reciprocal covenants, conditions, and
restrictions and reciprocal management and maintenance agreements
shall be established which will cause a merging of increments as they
are completed, and embody one homeowners' association with
common areas for the total development.
e. The declaration of covenants shall contain language or provisions
substantially as follows:
i. "The covenants, conditions and restrictions of this declaration
shall run to the City of Costa Mesa insofar as they shall apply to the
maintenance of the "common areas" as herein defined."
ii. "In the event the association or other legally responsible
person(s) fail to maintain the common area in such manner as to
cause same to constitute a public nuisance, the city may, upon proper
notice and hearing, institute summary abatement procedures and
impose a lien for the costs of such abatement upon the common area,
individual units or the whole thereof as provided by law." (Ord. No. 14-
04, § 2B., 4-1-14; Ord. No. 15-03, § 2, 4-21-15)
SECTION 3: 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
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 amending the zoning code will have a significant effect on the environment.
SECTION 4: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
Ordinance No. 18-10 Page 7 of 9
SECTION 5: 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 6: 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 18th day of September, 2018.
andra L. Genis, Mayor
ATTEST:
&WcQk 6VJ'alm
Brenda Gree City Clerk
City Attorney
Ordinance No. 18-10 Page 8 of 9
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 above and foregoing Ordinance No. 18-10 was duly introduced for first reading
at a regular meeting of the City Council held on the 4th day of September, 2018, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 181h day of September, 2018, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Mansoor, Genis
NOES: COUNCIL MEMBERS: Stephens
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19th day of September, 2018.
&P 610, TAAk-
Brenda Green, ity Clerk
Ordinance No. 18-10 Page 9 of 9