HomeMy WebLinkAbout2021-20 - Zoning Code Clean UpORDINANCE NO. 2021-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING CHAPTER I, ARTICLE 2: DEFINITIONS; CHAPTER III, PLANNING
APPLICATIONS; CHAPTER IV, LAND USE MATRIX; CHAPTER V, RESIDENTIAL
DEVELOPMENT STANDARDS; CHAPTER V, COMMERCIAL AND INDUSTRIAL
DEVELOPMENT STANDARDS; CHAPTER V, PLANNED DEVELOPMENT — MASTER
PLAN; CHAPTER VI, OFF -SITE PARKING STANDARDS; CHAPTER VII, LANDSCAPE
STANDARDS; CHAPTER VIII, SIGN STANDARDS; AND CHAPTER IX WIRELESS
ANTENNAS, OF TITLE 13, PLANNING, ZONING AND DEVELOPMENT (THE ZONING
CODE) TO RESOLVE INTERNAL INCONSISTENCIES BETWEEN VARIOUS
CHAPTERS, CLARIFY INTENT AND TO CONFORM TO RECENT REVISIONS TO
AND REQUIREMENTS OF STATE LAW (CODE AMENDMENT CO-2020-02)
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the Title 13, "Planning, Zoning and Development", (the Zoning Code)
of the Costa Mesa Municipal Code sets forth the zoning and land use regulations for the
City in general; and,
WHEREAS, frequent updates to the Zoning Code are needed to provide
consistencies between various sections and reflect the latest state codes and regulations;
and,
WHEREAS, this Ordinance is intended to clean up internal inconsistencies
between various chapters of the Zoning Code, to clarify definitions and legislative intent
where necessary and to conform to recent revisions to and requirements of State law,
including, but not limited to the following:
• Conforming the definition of "accessory dwelling" and "accessory uses" as updated
by Urgency Ordinance 19-19 pursuant to State law (Government Code Section
65852.2 and Assembly Bill (AB) 68, AB 881, Senate Bill (SB) 13, AB 587 and AB
670);
• Defining "convenience store", "mini -market" and "specialty store" to conform to use
and intent;
• Refining the definitions of "finished grade" and "natural grade" to clarify precise
definitions and applied practice;
• Updating definitions to reflect Assembly Bill ABX1 26;
Ordinance No. 2021-20 Page 1 of 5
• Conforming the definition of "boardinghouse, small' and "large" to the intent of
Ordinance 15-11 to limit the number of occupants to no more three (3) and six (6)
per small and large boardinghouse, respectively;
• Updating internal cross-references and definitions such as "special use permit" and
"reasonable accommodation" set forth in Ordinances 14-13 and 17-05 and federal
law;
• Updating the Land Use Matrix as necessary related to Specialty Stores, accessory
salon uses, and adding Note No. 10 stating that Emergency shelters located on
sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone
are a permitted use, not subject to a master plan requirement and the standards
in section 13-200.79(1), (2), (4), (8), (10) and (13) do not apply to such uses; and,
• Making other revisions to clarify definitions and to conform to applied practice.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on July 13, 2020 with all persons having the opportunity to speak for and against the
proposal; and,
WHEREAS, on July 13, 2020 the Planning Commission recommended that the
City Council adopt an ordinance updating the Zoning Code as set forth herein on a 7-0
vote; and,
WHEREAS, the City Council held a public hearing on September 7, 2021 and
November 16, 2021 with all persons having the opportunity to speak for and against the
proposal; and,
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that the
ordinance is not a "project" and further, that it is exempt from the provisions of CEQA
pursuant to CEAQ Guidelines Section 15061(b)(3) (because it can be seen with certainty
that the adoption of this Ordinance will not have an effect on the environment) such that
no environmental review under CEQA is required; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
Ordinance No. 2021-20 Page 2 of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Zoning Code Amendment. Chapter I, Article 2: Definitions; Chapter III,
Planning Applications; Chapter IV, Land Use Matrix; Chapter V, Residential Development
Standards; Chapter V, Commercial and Industrial Development Standards; Chapter V,
Planned Development — Master Plan; Chapter VI, Off -site Parking Standards; Chapter VII,
Landscape Standards; Chapter VIII, Sign Standards; and Chapter IX Wireless Antennas, of
Title 13, Planning, Zoning and Development, as specified in Exhibit A, attached hereto and
incorporated herein by this reference, are hereby amended as set forth therein.
SECTION 2. Compliance with CEQA. Pursuant to the California Environmental Quality
Act (CEQA), the project is exempt from the provisions of the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) for General Rule, as this action will not
have any significant effect on the environment.
SECTION 3. Inconsistencies. Any provision of this ordinance which is inconsistent with
state law shall be interpreted in a manner to be consistent with state law. 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 effect the provisions of this Ordinance.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance 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 portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Ordinance No. 2021-20 Page 3 of 5
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days from
its adoption.
SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
Ordinance No. 2021-20 Page 4 of 5
PASSED AND ADOPTED this 7th day of December, 2021:
ATTEST:
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Brenda Gree City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
John Stephens, Mayor
APPROVED AS TO FORM:
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Ki berly II Barlow, City Attorney
I, Brenda Green, City Clerk of the City of Costa Mesa, do hereby certify that the
above and foregoing is a true and correct copy of Ordinance No. 2021-20 introduced at
the regular meeting of the City Council of the City of Costa Mesa held on the 16th day of
November, 2021, and was thereafter adopted at the regular meeting held on the 7th day
of December, 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
MARK, AND STEPHENS
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Said ordinance has been published or posted pursuant to law.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 8th day of December, 2021.
�& a(sw
Brenda Green, dity Clerk
Ordinance No. 2021-20 Page 5 of 5