HomeMy WebLinkAbout75-37 - Planning, Zoning, and Development Laws Regarding Exceptions or Variations to Land Uses11
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ORDINANCE NO. 75-37
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA F1,1ENDING PROVISIONS OF
THE PLANNING, ZONING, AND DEVELOPMENT LAWS,
TITLE THIRTEEN, REGARDING EXCEPTIONS OR
VARIATIONS TO LAND USES ALL0117ED AS TO HOME
OCCUPATIONS IN RESIDENTIAL AREAS AND
REPEALING INCONSISTENT PROVISIONS.
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 the existing procedures regarding
regulations of land use in residential zones within the City
require updating and improvement compatible with our Citywide
efforts to upgrade the living environment of our community while
allowing the citizens of our City the fullest scope'to engage in
private enterprise consistent with the rights of their neighbors.
Further, the City Council of the City of Costa Mesa hereby
finds and declares that residential zoning is intended primarily
for residential uses but that certain secondary uses of a business
or commercial nature may be engaged in so long as they are com-
patible with a. residential environment and regulated accordingly
for the general health, safety, and welfare of the public.
Accordingly, the Costa Mesa Municipal Code is hereby
amended by adding to Title 13, Chapter X, Article 1, commencing
with c13-740 as follows:
SECTION 2: "Title 13, Chapter X - EXCEPTIONS OR
VARIATIONS TO LAND USES ALLOWED
Article 1 - HOPE OCCUPATIONS
§13-740 INTENT AND PURPOSE-.
The City Council of the City of Costa Mesa hereby finds
and declares that the residential use of residentially -zoned
property is the primary use thereof. That subject to regulation
and control, said property may have a secondary use of a business
or commercial nature so long as said secondary use is compatible
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with a residential environment.
§13-741 PERMIT REQUIRED
No person shall engage in a home occupation, as defined
in this Title, within any residentially zoned area of the City
without first applying for and securing a permit for same. No
business license shall be issued by the Director of Finance until
a home occupation permit has been approved and issued by the
Planning Director.
X13-742 APPLICATION PROCEDURES
(1).Application for home occupation permits shall bE
filed with the Planning Director upon forms provided by him and
must be accompaniedby an application for a business license for
the work anticipated and the required fee.
(2) The Planning Director, or his staff, shall
review all such permit applications within four (4) days of
proper filing thereof to determine if same corrplies with the.purpose
and intent of this Article and the standards herein. The Director
of Planning may require additional information from the applicant
in order to make such determination.
(3) The Planning Director, or his designee, shall
approve, approve with modifications, or deny any such application
for a permit based upon his findings and determination in accor-
dance with the standards set forth herein.
X13-743 PERMIT FEE
(1) A single fee shall be paid for each home
occupation permit applied for. Thereafter, fees due, if any,
shall be under the business license provisions of this Code. The
permit fee shall be Ten Dollars ($10.00).
(2) Any home occupation permit issued hereunder
shall remain valid unless revoked and shall not be transferred,
assigned or used by any person other than the original permittee,
nor shall such permit authorize any home occupation at any
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location other than the designated one for which the permit was
issued.
(3) Any permit issued hereunder shall remain valid
unless and until same is revoked as herein provided.
513-744 EVALUATION STANDARDS
The Planning Director shall apply the following standards
in evaluating each application for a home occupation permit to
determine if the anticipated home occupation may be allowed:
(1) There shall be no employment of persons other
than the members o.f the resident family who permanently reside
on the premises.
(2) There shall be no direct sale of products,
either wholesale or retail on the premises.
(3) There shall not be more than one room in the
dwelling used for the home occupation.
(4) No building or space outside of the main
building shall be used for a home occupation. No garage, attached
or detached, shall be used for the home occupation. Storage of
necessary supplies or equipment used in the home occupation may be
permitted in a garage provided said storage does not diminish the
usable parking space in the garage.
(5) There shall be no use of utilities or community
facilities beyond that normal to the use of the property for
residential purposes.
(6) No use of material or mechanized equipment
not recognized as being associated with a normal household use or
hobby is permitted.
(7) In no way shall the structure or appearance
of the dwelling be altered or remodeled outside for home occupa-
tional purposes (either by color, materials, construction, lighting)
etc.). No part of the inside of the structure shall be remodeled
other than the inside of the room where the home occupation is.
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being conducted.
(8) No signs shall be displayed in connection
with the home occupation and there shall be no advertising using
thehome address, with the exception of advertising in the tele-
phone directory.
(9) The use shall not involve the use of commer
cial vehicles for delivery of materials to or from the premises,
other than a vehicle not to exceed one ton capacity, owned by the
operator of the home occupation, which shall be stored in an
entirely enclosed garage. The storage of equipment (trailers,
tractors, trucks in excess of one ton, wheeled construction equip-
ment, etc.) is not permitted.
(10) The use shall not generate pedestrian or
vehicular traffic beyond that normal to the district or neighbor-
hood where it is located.
(11) The use shall not result in, or generate
parking or storing of commercial vehicles on public streets. As
used herein, commercial vehicles are as defined in the California
Vehicle Code and in addition, shall include construction equipment
or any other mobile paraphernalia used in connection with said
I use.
913-745 REVOCATION AND APPEAL PROCEDURE
(A) Any home occupation permit maybe revoked by
the Planning Director at any time after its issuance; provided
that, the Planning Director shall notify the permittee, in writing,
of his decision to revoke said permit and stating the reasons for
said action and appeal procedures as set forth herein.
The existence of any one, or more, of the
following factors shall be sufficient grounds for revocation of
said permit:
(1) That any requirement set forth in the
"Evaluation Standards" section of this article is being violated;
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(2) That,the use has become detrimental to
the public health or safety, or is deemed to'constitute a
nuisance;
(3) That the permit was obtained by mis—
representation;
(4) That the use for which the permit was
granted has ceased or has been suspended for six (6) consecutive
months or more;
(5) That the conditions of the premises, or
of the district which it is part, have changed so that the use may
no longer be justified under the meaning and intent of this
Article.
(B) Any aggrieved person may appeal the decision
of the Planning Director regarding an application or revocation
for said permit by filing a request for same, in writing, to the
Planning Commission, Post Office Box 1200, City hall, Costa Mesa,
California 92626, no later than ten (10) days after the date of
said decision or notification thereof. The Planning Commission
shall set the matter for a public hearing at its next convenient
regular meeting.
Appeals from any decision of the Planning
Commission may thereafter be taken pursuant to Title 2, Chapter
IX of the costa mesa Municipal Code."
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 news-
paper 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.
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PASSED AND ADOPTED this 1,,at day of ,
1975.
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Mayor of the City of Costa Iesa
AP's OVED AS TO FORM
2r
----- --ITY ORNEY
City Clerk of the City of Cto Mesa
ve
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. 75-37 was
introduced and considered section by section at a regular
meeting of said City Council held on the 17th day of June,
1975, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the ba&
day of 1975,.by the following roll call
vote:
V V
AYES: Council Members:
i
NOES. Council Members:
ABSENT: Council Members:
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Seal of the City of Costa Mesa this
day of 1975.
City Clerk and ex -officio Clerk o the
City Council of the City of Cos. Mesa
MIM