HomeMy WebLinkAbout18-12 - Adopting Code Amendment 18-04 related to Residential Incentive Overlay DistrictORDINANCE NO. 18-12
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA,
ADOPTING CODE AMENDMENT 18-04 REVISING THE ZONING MAP AND ARTICLE
12 OF CHAPTER V OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
RELATED TO THE DEVELOPMENT STANDARDS OF RESIDENTIAL INCENTIVE
OVERLAY DISTRICT
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 16-02 was adopted in September 2016 to define
and adopt development standards related to the Residential Incentive Overlay as
included in the 2015-2035 General Plan update;
WHEREAS, Code Amendment 18-04 is to amend Title 13, Chapter V, amending
Article 12 of the Costa Mesa Municipal Code pertaining to the development standard of
Residential Incentive Overlay District (maximum allowable density and maximum building
height).
SECTION 2: Title 13, Chapter V, Article 12, Residential Incentive Overlay District,
is hereby deleted as follows:
ARTICLE 12. RESIDENTIAL INCENTIVE OVERLAY DISTRICT
Sec. 13-83.60. PURPOSE
It is the purpose and intent of this article:
(a) To meet General Plan goals to create new housing opportunities for residential
development at strategic locations along Harbor Boulevard and Newport
Boulevard that exhibit excellence in design, site planning, integration of uses and
structures, and protect the integrity of neighboring development.
Sec. 13-83.61. DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the meanings
assigned to them in this section, except where the context clearly indicates a different
meaning.
Base zoning district. A zoning district identified as R2 -HD, or C2, within which only
certain land uses and structures are permitted, or conditionally permitted, and certain
regulations are established for development of land.
Ordinance No. 18-12 Page 1 of 6
Overlay Zone. A zoning district that applies another set of zoning provisions to a specified
area within an existing zoning district. The overlay zone supersedes the zoning regulations
of the base zoning district, unless otherwise indicated.
Sec. 13-83.62. OVERLAY DEVELOPMENT TYPES
The Residential Incentive Overlay District creates opportunities for residential development
at strategic locations along Harbor Boulevard and Newport Boulevard. This designation
allows for development of new higher -density residential uses in certain areas on Harbor
Boulevard currently developed with commercial uses and on Newport Boulevard, where
limited residential with lower densities are currently allowed.
Sec. 13-83.63. APPLICATION REVIEW PROCEDURES IN RESIDENTIAL INCENTIVE
OVERLAY DISTRICT
(a) Residential Incentive Development Plan Screening Application required. All
residential and development projects proposed in the Residential Incentive Overlay
District shall submit a screening application for consideration by City Council, as
described in Section 13-28(g)(4) of the Zoning Code.
(b) Master Plan required. All development proposed in the Residential Incentive
Overlay District requires approval of a master plan pursuant to CHAPTER III
PLANNING APPLICATIONS. The final review authority for the master plan shall be
the Planning Commission. Refer to Section 13-28(g), master plan, regarding the
following: preliminary master plans and amendments to the master plan.
(c) Master Plan Findings for Residential Incentive Overlay District. The approval of
the master plan for a residential development project in the Residential Incentive
Overlay District shall be subject to the following findings:
1. The project is consistent with the General Plan and meets the purpose and
intent of the Residential Incentive Overlay District.
2. The project includes adequate resident -serving amenities in the common
open space areas and/or private open space areas in areas including, but
not limited to, patios, balconies, roof terraces, walkways, and landscaped
areas.
3. The project is consistent with the compatibility standards for residential
development in that it provides adequate protection for residents from
excessive noise, odors, vibration, light and glare, toxic emanations, and air
pollution.
4. The proposed residences have adequate separation and screening from
adjacent commercial uses through site planning considerations, structural
features, landscaping, and perimeter walls.
Ordinance No. 18-12 Page 2 of 6
(d) Application of Development Standards.
1. Height - Maximum building height is three stories (roof top terraces are permitted
and not considered a story), provided privacy concerns of adjacent established
residential neighborhoods are adequately addressed through the setback of
upper stories or other design approaches.
2. Density - Housing within the Residential Incentive Overlay District is limited to a
maximum density of 30 units per acre.
(e) Deviation from Development Standards. A deviation from the Residential Incentive
Overlay District development standards may be approved through the master plan
process provided that the following findings are made.
1. Strict interpretation and application of the overlay district's development
standards would result in practical difficulty inconsistent with the purpose and
intent of the General Plan, while the deviation to the regulation allows for a
development that better achieves the purposes and intent of the General Plan.
2. The granting of a deviation results in a development which exhibits excellence in
design, site planning, integration of uses and structures and compatibility
standards for residential development.
3. The granting of a deviation will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Sec. 13-83.64. RESIDENTIAL INCENTIVE OVERLAY DISTRICT DEVELOPMENT
STANDARDS
Table 13-83.64 identifies the development standards in the Residential Incentive Overlay
District. The development regulations of the base zoning district shall be superseded by the
overlay district standards in this article, unless otherwise noted.
TABLE 13-83.64
DEVELOPMENT STANDARDS FOR RESIDENTIAL INCENTIVE OVERLAY DISTRICT
Minimum Lot Area
0.5 acres
Maximum Density (Dwelling Units Per Acre
30 du/acre
Minimum Open Space
40% of total site area
Common Use Open Space
50% of required open space. Recreational
facilities for children required for residential
projects with 12 or more units
Private Open Space (Multi -Story Units)
Private decks or patios - minimum 100 square
feet with no dimension less than 5 feet
Maximum Building Height
3 Stories. Sites abutting R2 -MD zones shall
incorporate a stepped elevation from two to three
stories. Roof top terraces are permitted and not
considered a story.
Landscape Setback Abutting All Public Rights -Of-
20 feet
ay, xc u ing Alleys
Landscaped parkway (Interior Private Streets or
Combined 10 feet wide, no less than 3 feet on
Common Driveways)
one side
Ordinance No. 18-12 Page 3 of 6
TABLE 13-83.64
DEVELOPMENT STANDARDS FOR RESIDENTIAL INCENTIVE OVERLAY DISTRICT
Front
20 feet
Side Interior and Street
20 feet for three stories abutting R2-MD zones
Rear Interior and Street
20 feet for three stories abutting R2-MD zones
Chimneys
2 feet above maximum building height.
Fireplaces
2 feet into required setback or building separation
area
Roof or Eaves Projections
2 feet 6 inches into required side setback or
building separation area
5 feet into required front or rear setback
Building Separation
10-foot minimum between main buildings
6-foot minimum between main buildings and
accessory structures
Off -Street Parking
Refer to CHAPTER VI, ARTICLE 1 OFF-
STREET PARKING STANDARDS
RESIDENTIAL DISTRICTS
Landscaping
Refer to CHAPTER VII, LANDSCAPING
STANDARDS
Residential Common Interest Development
Refer to CHAPTER V, ARTICLE 2
RESIDENTIAL COMMON INTEREST
DEVELOPMENTS
SECTION 3: ENVIRONMENTAL DETERMINATION. On June 21, 2016, the City
Council certified a Final Program Environmental Impact Report (PEIR, State
Clearinghouse #2015111053), adopted findings pursuant to CEQA, adopted a Statement
of Overriding Considerations for air quality and greenhouse gas emissions impacts (both
direct and cumulative), and adopted a Mitigation Monitoring and Reporting Program for
the adoption of the 2015 - 2035 City of Costa Mesa General Plan. The proposed General
Plan Amendment will result in a significant reduction in the area and development
potential of an optional residential incentive overlay program Allowable land uses for
removed areas will revert to those allowed by the underlying Commercial Residential and
General Commercial land use designations. The impacts of potential development under
both the residential incentive overlays and the underlying General Plan land use
designations were previously analyzed and considered as part of the General Plan and
the certified PEIR, approved in 2015. Therefore, the subject General Plan Amendment
was adequately described for the purposes of CEQA and is within the scope of the
previously -approved PEIR (CEQA Guidelines Section 15168). Since the subject General
Plan Amendment results in a reduction in the development potential associated with the
overlays, no new impacts would result; therefore, no further environmental review is
required (CEQA Guidelines Section 15162).
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. 18-12 Page 4 of 6
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 4th day of December, 2018.
ATTEST:
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Brenda Green, ity Clerk
APP OVED AS TO FORM:
Thomas WDuarte, City Attor ey
Ordinance No. 18-12 Page 5 of 6
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. 18-12 was duly introduced for first reading
at a regular meeting of the City Council held on the 13th day of November, 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 December, 2018, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARK,
REYNOLDS,STEPHENS,FOLEY
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 December, 2018.
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Brenda Green, 10ity Clerk
Ordinance No. 18-12 Page 6 of 6