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HomeMy WebLinkAbout18-06 - Code Amendment CO-17-04 related to Public Noticing to include occupants of the propertiesORDINANCE NO. 18-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING ZONING CODE AMENDMENT CO -17-04 AMENDING SECTION 13- 29 OF CHAPTER III (PLANNING APPLICATIONS), 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 places a high value on public participation by those residents affected by project approvals; and WHEREAS, the existing requirements for notification of property owners only within a five -hundred -foot radius does not provide notice to non -owner residents and therefore does not maximize the opportunity for public participation; and WHEREAS, the City desires to enhance public participation by providing notice to all affected residents, both property owners and renters alike; and 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: CODE AMENDMENT. Sub -section (d) (Public notice) of Section 13- 29 of Chapter III (Planning Applications) of Title 13 (Planning, Zoning and Development) is hereby amended as follows: Sec. 13-29. - Planning application review process. (d) Public notice. When required pursuant to Table 13-29(c), public notice shall be given as described in the following subsections. Public notices shall contain a general explanation of the proposed planning application and any other information reasonably needed to give adequate notice of the matter to be considered. (1) Mailed notice required. Notices of the hearing shall be mailed to all property owners and occupants within a five hundred -foot radius of the project site, except for applications for the construction of a building(s) one hundred fifty (150) feet or more in height; these applications shall require a greater notice radius: Ordinance No. 18-06 Page 1 of 4 Building Height in Feet Notice Requirement More than 150 and less than or equal to 225 700 -foot radius More than 225 and less than or equal to 300 900 -foot radius More than 300 1,100 -foot radius a. The required notice radius shall be measured from the external boundaries of the property described in the application. The notice shall be mailed no less than ten (10) days prior to the hearing or determination on the application. The planning division shall require mailing labels from the project applicant for this purpose. The mailing labels shall reflect the last known name and address of owner(s) as shown on the last equalized county assessment roll or by a more current listing. (2) On-site posting required. Additional notice shall be provided by posting a notice on each street frontage of the project site, no less than ten (10) days prior to the date set for the hearing or determination on the application. (3) Newspaper publication. When a public hearing is required, notice shall also be published once in the city in a newspaper of general circulation, no less than ten (10) days prior to the date set for the public hearing. 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. Ordinance No. 18-06 Page 2 of 4 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 4th day of September, 2018. Sandra L. Genis, Mayor ATTEST: - tr� (*em Brenda Green, dity Clerk APPROVED Thomas Du Ordinance No. 18-06 Page 3 of 4 FORM: 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 above and foregoing Ordinance No. 18-06 was duly introduced for first reading at a regular meeting of the City Council held on the 7th day of August, 2018, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 4th day of September, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis NOES: COUNCIL MEMBERS: None ABSENT:COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5th day of September, 2018. &WdA *ml - Brenda Green, City Clerk Ordinance No. 18-06 Page 4 of 4