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HomeMy WebLinkAbout78-51 Planned Development DistrictsORDINANCE NO. 78-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY .OF COSTA MESA, CALIFORNIA, AMENDING THE STANDARDS AND PROCESSING REQUIRE- MENTS OF THE PLANNED DEVELOPMENT DISTRICTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Zhe City Council of the City of Costa Mesa hereby finds and declares as follows: 1. That changing concepts of land use require continuous and frequent up- dating of land use ordinances. 2. That advanced technology in the area of land planning requires contin- uous attention to land use ordinances. 3. That the need for the utilization of more imaginative and innovative planning concepts requires a change in the land use ordinances for the City of. Costa Mesa. 4. That the existing procedural requirements of the Planned Develcgnent Districts are cumbersame, duplicative, and costly to administer. 5. That the health, safety and welfare of the community requires the amend- ment of the Planned Development Districts. Acgordingly, there are herewith adopted the following amendments to Article 17 of Title 13, Chapter II Zoning which shall read as follows: SECTION 2: CHAPTER II ZONING ARTICLE 17 - PLANNED DEVELOPMENT §13-247 Planned Developments This article shall be known as the Planned Development Ordinance and does hereby establish the Planned Development (PD) District as an additional zoning classification in the City of Costa Mesa to achieve the following objectives and subject to the following definitions, standards, and procedures. §13-248 Purpose It is the purpose and intent of the Planned Development Ordinance to provide a method by .which appropriately located areas of the City of Costa Mesa can be developed utilizing more imaginative and innovative planning concepts than would be possible through strict application of existing zoning and subdivision regula- tions. It is intended that these developments will meet the broader goals of the General Plan and Land Use Ordinance by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. Furthermore, it is the intention of the City of Costa Mesa to provide a more efficient use of land, additional alternative environments and the allocation and maintenance of more privately controlled and usable open space. X13-249 Definitions For the purpose of this article the certain words and phrases listed shall be defined as follows: (1) Planned Development: A land area which is developed as an integrated unit under single ownership or control and having Planned Development designation. (2) Private Open Space: An area of land located adjacent to an individual dwelling unit, owned or leased and maintained by its residents, and reserved exclu- sively for their use. (3) Common Open Space: An area of land reserved primarily for the leisure and recreational use of all residents of the Planned Development and owned and maintained in common by them, generally through a homeowners' association. (4) Public Open Space: A parcel of land designed primarily for the use of the residents of the Planned Development but not reserved exclusively for their use. A public open space is owned and maintained by the City of Costa Mesa. (5) Site Area: Site area is equal to the original parcel size less the area occupied by adjacent dedicated streets. (6) Street - A street shall provide primary access to adjacent land and provide for local traffic movements. Street does not include driveways which pro- vide only access to parking areas. X13-250 Zones Created Land areas receiving Planned Development designation shall assume the land use classification indicated in the General Plan of the City of Costa Mesa. Therefore, the following Planned Develcp<nent zoning categories are created: - 2 - (1) Planned Develcgnent Residential - Low Density (PDR -LD). (2) Planned Development Residential - Medium Density (PDR -MD). (3) Planned Development Residential - High Density (PDR -HD). (4) Planned Development Commercial (PDC). (5) Planned Development Industrial (PDI). §13-251 Permitted Uses No use shall be permitted in any Planned Developed District except in con - fortuity with an adopted Final Development Plan pursuant to the procedures, policies, and regulations as established by this ordinance. 1. Planned Development Residential: (a) Single and multiple family residential developments containing any type or mixture of housing units, including clustered development, townhouses, atrium or patio houses, detached houses, duplexes, garden apartments, and high rise apartments. Mobile homes, hotels, motels, boarding houses, or other similar trans- ient residential facilities are not permitted. (b) As a complimentary use, nonresidential uses of a religious, educa- tional, or recreational nature may be allcwed if the City Council finds said use to be catpatible with the Planned Development Residential project. (c) As a complimentary use, nonresidential uses of a camrcial nature may be allowed if the City Council finds said uses to be compatible with the Planned Develcpment Residential project. 2. Planned Development Commercial: (a) Retail shops and service establishments including those intended to serve adjacent residential areas, as well as those intended to serve the entire community and region. (b) As a carplimentary use, residential uses may be allowed if the City Council finds said uses to, be compatible with the Planned Development Commercial project. 3. Planned Develgmk-nt Industrial (a) Any use permitted in the MP Industrial Park zone of the City of Costa Mesa. (b) As a ccuplimentary use, nonindustrial uses of a cccimiercial nature or residential nature may be allowed if the City Council finds said uses to be conpat- ible with the Planned Development Industrial project. - 3 - §13-252 Development Standards 1. Density: (a) Planned Development Residential Density - The allowable number of dwelling units per acre in a planned development shall be established by the General Plan designation of the site: Low Density Residential - 4.0 to 7.9 d.u./acre Medium Density Residential - 8.0 to 15.0 d.u./acre High Density Residential - 15.1 to 30.0 d.u./acre Zhe lowest density of the applicable range shall constitute the density entitlement of projects which meet, but do not materially exceed, the minimum development standards for planned development. Density increments up to the maximum allowed by the applicable General Plan classification range may be approved in order to provide an incentive for design excellence. Criteria for density increments include, but shall not be limited to, the following: (1) Where the Planned Development preserves natural features that enhance the development and will benefit the community (including trees, scenic points, view corridors, historic buildings or locations, unique geological forma- tions and other community assets). (2) Where the Planned Development provides low and moderate in - cone housing as a portion of the total development. (3) Where review of the proposed Planned Development indicates distinctive design including site planning, structural design, architectural treatments, landscaping and integration into the community. (4) Where provisions of all or part of the required parking is provided within the principal structure(s) (i.e., subterranean, tuck under, etc., parking). provided. (5) Where facilities for the storage of recreational vehicles are (6) Where usable open space is provided in excess of the required amount for the Planned Development. (7) Where the circulation system of the Planned Develcgnent pro- vides for the separation of pedestrian, vehicular and bicycle traffic through the provision of bicycle and pedestrian trails including their linkage with City-wide networks. (8) Where the total site coverage is less than the maximum allow- able for the site. (9) Where the permanent open space required as a buffer at the perimeter of the Planned Development exceeds the area required. (10) Where the project is located adjacent to or within one quarter mile of a public transit facility or route. (11) Where the project makes use of non-depletable energy sources for water heating, or space heating. 2. Site Coverage: (a) The maximum allowable site coverage by buildings in Planned Develop- ment Residential Districts shall be as follows: PDR - Low Density = 24% of site area PDR - Medium Density = 27% of site area PDR - High Density = 29% of site area (b) The maximum allowable site coverage in Planned Comunercial Districts shall be 50% of the site area. (c) The maximum site coverage in Planned Industrial Districts shall be 50% of the site area. 3. Parcel Size: (a) A Planned Develcgnent shall be of sufficient size, composition, and arrangement to enable its feasible development as a complete unit. 4. Open Space: (a) In Planned Develognent Residential Districts open space shall be pro- vided as follows: PDR - Low Density - 52% of site area PDR - Medium Density - 45% of site area PAR - High Density - 42% of site area Zhe required cpen space shall be land areas that are not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open space shall be - 5 - devoted to landscaping, preservation of natural features, patios, and recreational area: and facilities. At least 50% of the required open space shall be designed for the common use of the residents of the Planned Development. In projects consisting of small -lot single family subdivisions, the front yard areas may be included in the cal- culation of ccn mon open space if said areas are landscaped and maintained in common. The remaining required cpen space shall be equally provided to each dwelling unit. All or part of the area required may be provided in the common open space for mitiple-story apartments or condominiums where dwelling units have no ground floor access, or where for other reasons, the Planning Commission finds that the pro- vision of all or part of the required private open space in the aforementioned manner is impractical or undesirable. Common Open Space may be distributed throughout the Planned Development and need not be in a single large area. Land-' scaped roof areas or decks may not be calculated as part of the required open space. Each dwelling unit, except as exempted above, shall be provided with a private open space with no dimension less than 10 feet. (b) In Planned Development Commercial Districts, the required open space shall be equal in area to 25 square feet per required parking space in or adjacent to the parking lot in addition to the landscaped perimeter required in Subsection 10. (c) In Planned Development Industrial Districts,"the required open space shall be equal in area to 15 square feet per required parking space in or adjacent to the parking lot in addition to the landscaped perimeter required in Subsection 10. 5. Maintenance of Common Facilities: (a) A Planned Development shall be approved subject to the submission of legal instruments setting forth a plan or manner of permanent care and mainten- anoe of all ommon open space, recreational vehicle storage areas, and other facilities provided in the final development plan. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and the Planning Department as to suitability for the proposed use of the common space and subject facilities. (b) The common open space, recreational vehicle storage areas, and other facilities provided may be conveyed to a public agency or private association. If the common cpen space, recreational vehicle storage areas or recreational facilities M'0 are conveyed to a private association, the developer shall file as part of the aforementioned instruments a declaration of covenants and restrictions that will govern the association. The provisions shall include, but not be limited to the following: any unit(s). (1) The private association mast be established prior to sale of (2) Membership must be mandatory for the original buyer and any successive buyer. (3) The private association must be responsible for liability insurance, local taxes (if any), and the maintenance of common open space, recreational vehicle storage areas and other facilities. (4) Each member of the association shall be assessed a prorata share of the costs incurred by the association. (5) The private association must be able to adjust any assessments to meet changed needs. (c) The Planning Commission may also require dedication of development rights or scenic easements to assure that common open space shall be maintained. In the event the common open space and recraational vehicle storage areas, and other facilities are not maintained in a manner consistent with the approved final develop- ment plan, the City may at its option cause such maintenance to be performed and assess the costs to the affected property owner(s) or responsible association. 6. Landscaping: (a) A landscape and irrigation plan, prepared under the direction of a licensed landscape architect, shall be required for all open space required or pro- vided in a Planned Development. Said landscaping plan shall indicate the spacing, sizes, and specific types of landscaping material. All open space provided shall be irrigated. All common open space shall be provided with automatic irrigation facilities. The only exception shall be where the Planning ComQnission determines an area because of its natural beauty or uniqueness would be most beneficial to the project and the community if left in its natural or existing condition. Existing trees shall be preserved wherever possible. The location of trees mast be considered when planning ccumn open space, location of buildings, underground services, - 7 - walks, paved areas, playgrounds, and parking areas. Said landscape and irrigation plan shall be approved by the Planning Department prior to issuance of building permits. 7. Traffic Circulation: (a) Primary vehicular access points to the Planned Develognent shall be designed to provide smooth traffic flaw with controlled turning movements and minimum hazards to vehicular, pedestrian, and bicycle traffic. Minor streets within the Planned Development shall not be connected to streets outside the development in such a manner as to encourage their use by through traffic. (b) Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic to serve residential, nonresidential and recreational facilities provided in or adjacent to the Planned Development. Where designated bicycle paths or trails exist adjacent to the Planned Development, safe, convenient access shall be pro- vided. The Planning Commission may require, when necessary, pedestrian and/or bicycle overpasses, underpasses, or traffic signalization in the vicinity of schools, playgrounds, parks, shopping areas, or other uses that may generate considerable pedestrian and/or bicycle traffic. 8.. Streets: (a) The design of public and private streets within a Planned Develop- ment shall reflect the nature and function of the street. Existing City standards of design and construction may be modified only as is deemed appropriate by the Planning Commission after recommendation by the City Engineer, Planning Director, Fire Chief, and Police Chief. Right-of-way and pavement widths and street widths may only be reduced by the Planning Commission where it is found that the final development plan for the Planned Development provides for the separation of vehicular and pedestrian traffic; that access for public safety and service vehicles is not impaired; and that adequate off-street parking has been provided. (b) All private streets within a Planned Development shall be dedicated to the City as utility easements where said easements are necessary. (c) All private streets shall be conveyed to a private assocation where one exists as established by Subsection 5. (d) If the private association or person(s) owning the private streets in a Planned Development should in the future request that any private streets,be changed to public streets,'the private association or owners) shall agree that before consideration for acceptance by the City the private association or owner(s) will bear the full costs of reconstruction or any other action necessary to make the streets conform to the applicable standards for.public streets. 9he private association or owner(s) shall also agree that these streets shall be made to con- form and be dedicated to public use without compensation to the private association or owner(s). 9. Parking: (a) Parking shall be provided as per the off-street parking requirements found in the Land Use Ordinance and Off -Street Parking Requirements of the City of Costa Mesa as amended. Parking for residential condominiums shall meet the stand - arils set forth in Section 13-828(f). In addition, the Planning Commission may determine that storage areas for boats, trailers, campers and other recreational vehicles shall be required, where the necessity for such facilities has been demonstrated and where such facilities will preserve the required off-street park- ing for the use of automobiles. (b) All parking areas, covered or open, in any Planned Development shall be screened from view from any public right-of-way. (Exception: Single-family, small lot subdivisions.) 10. Perimeters: Where a Planned Developnent is adjacent to a public right-of-way, a permanent open space at least 25 feet in width shall be required along the property line(s). This area shall be kept free of buildings and structures and permanently maintained in landscaping. If the design of this buffer area enhances the overall develcpment plan and is readily accessible to the residents of the Planned Development, it may be included as partial fulfillment of the oommon open space requirements as listed in Subsection 4.. 11. Nonresidential Development in Planned Development Residential Districts: (a) Commercial development within a Planned Development shall be lo- cated so as to -be accessible in a manner that does.not create traffic congestion or hazards to any street. Location, off-street parking, and loading.requirements shall be determined as appropriate to the particular Planned Development. Consider- ation shall be given to anticipated pedestrian, bicycle, and vehicular trade, adjacent develgm ent that may provide multiple use of off-street parking facilities and the types of commercial use provided. (b) Parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics, and lighting shall be designed as integrated portions of the total planned development and shall protect the residential character thereof. (c) No building permit for any nonresidential uses may be issued until 50% of the total number of dwelling units proposed in the final development plan have been completed. 12. Building Spacing: (a) Each Planned Development shall provide reasonable visual and acous- tical privacy for dwelling units. Fences, insulation, walls, barriers, landscaping, and sound reducing construction techniques shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. (b) No specific yard, setback, lot size, or building height requirements shall be imposed in the Planned Development District provided that the spirit and intent of this section and the Planned development Ordinance are complied with in the development plan. The Planning Commission may determine that certain setbacks be required within all or a portion of a Planned Development. 13. Noise Attenuation: When, in the opinion of the Planning Director, a proposed Planned Development may be situated in a noise environment which will adversely affect the peace, tranquility and privacy of its inhabitants, an acoustical analysis shall be required. An acoustical evaluation of the working drawings of the proposed residential project shall be submitted to the Planning Department by a licensed acoustical engineer prior to the issuance of building permits. 7he engineer shall certify that the construction will reduce interior noise levels to 45 CNEL or less and exterior noise levels in common and private open space areas to 65 CNEL or less. Building occupancy will be granted upon submittal of a field test report from a licensed acoustical engineer certifying that the above standards - 10 - have been met. The method of field testing shall be approved by the Planning Department. X13-253' Planned Development Review.Process 1. Preapplication Conference: To obtain information, each applicant shall confer with the Planning Director or his designated representative and interested department heads or their designated representatives in connection with the preparation of the Planned Development application. It shall be the responsibility of the Planning Director to invite the department heads to a joint meeting. The general outlines of the proposal, evidenced schematically by sketch plans, are to be considered prior to submission of the Planned Development application. Thereafter the Planning Director shall furnish the applicant with his written ocomnts regarding such conference, including appropriate recap ndations to inform and assist the applicant prior to his preparing the components of the Planned Development application. 2. Application: The review of a Planned Development application shall be processed as a Conditional Use Permit in accordance with the provisions of Article 23 of this Chapter (CMMC X13-341 through X13-352). Application shall be accompanied by a fee of $25 per acre, but in no event less than $250 nor more than $1000. 3. Submittals: The ccupleted application shall be known as the Development Plan. The Development Plan shall include the following information. (a) Written documents: (1) A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning. (2) A statement of planning objectives to be achieved by the Planned Development through the particular approach prepared by the applicant. This statement should include a description of the character of the proposed de- velopment and the rationale behind the assumptions and choices made by the appli- cant. (3) A development schedule indicating the approximate date when - 11 - construction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. (4) Quantitative data for the following: Total number of dwelling units; net parcel size; proposed lot coverage of buildings and structures, approxi- mate gross and net residential densities; total amount of parking provided (open and covered); total amount of open space (including a separate figure for private open space); total amount of nonresidential construction including a separate figure for commercial or institutional facilities if applicable; environmental impact report where necessary and other studies as required by the Planning Department. (b) Site Plan and Supporting Maps: A site plan and any maps necessary to show the major details of the proposed Development must contain the following minimum information: (1) The existing site conditions including contours at two (2) foot intervals, water course, flood plains, unique natural features, and all existing trees of five (5) inches or more in diameter. (2) Proposed lot lines and plot designs. (3) The location and floor area size of all existing and proposed buildings, structures and other improvements including maximum heights, types of dwelling units, density per type, nonresidential structures including conuercial facilities; elevations of typical structures and improvements. (4) The location and size in acres or square feet, whichever is appropriate, of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses. (5) The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership, public or private, should be included where appropriate. (6) The existing and proposed pedestrian and bicycle circulation system including its interrelationship with the vehicular circulation system indicating proposed treatment of points of conflict. (7) Enough information on land areas adjacent to the proposed - 12 - Planned Development to indicate the relationship between the proposed develcgnent and existing and proposed adjacent areas including land uses,.zoning classifica- tions, densities, circulation systems, public facilities, and unique natural features of the landscape. (8) The prcposed treatment of the perimeter of the Planned Develop ment including materials and techniques used such as berming, landscaping, screens, fences, and walls. (9) Any additional information as required by the Planning Director necessary to evaluate the character and impact'of the proposed Planned Development including any necessary zone changes, development plans and general land uses, densities, and site design of remaining stages. 4. Review: (a) Prior to the scheduled public hearing, the Planning Director and/ or his staff shall evaluate the Development Plan and report its findings to the Planning Commission in writing. (b) The Planning Commission after reviewing the Development Plan, shall recommend to the City Council either approval of the Development Plan as presented, approval with conditions or modifications, or denial, and shall forward its recomr mendation to the City Council. (c) The City Council after reviewing the Development Plan and the recom- mendation of the Planning Commission, shall either approve, approve with conditions or modifications or deny the Development Plan. The City Council shall not approve any major change or addition in any Development Plan recommended by the Planning Commission until the proposed major change or addition has been referred to the Planning Camnission for a report and a copy of the report has been filed with the City Council unless the change or addition was previously considered by the Planning Camnission. Failure of the Planning Commission to report within forty (40) days after the reference shall be deemed to be approval of the proposed change or addi- tion. It'shall not be necessary for the Planning Commission to hold a public hearing on such change or addition. (d) In applying the provisions and development standards which are not mandatory or fixed for every project, the City Council and Planning Commission shall make their decisions based upon whether the particular application will - 13 - be compatible with the intent and spirit of the Planned Development Ordinance and any applicable elements of the General Plan, and whether the application. would enhance the health, safety, comfort, convenience, and general welfare of the public in the neighborhood. 5. Amendments to the Development Plan: (a) Minor changes in the location, siting or character of buildings and structures may be authorized by the Planning Director if required by engineering or other circumstances not foreseen at the time the Development Plan was approved. No change authorized under this section may cause any of the following: (1) A change in the use or character of the development. (2) An increase in the overall density of the development. (3) An increase in overall coverage of structures. (4) A reduction or change in character of approved open space. (5) A reduction of required off-street parking. (6) A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility networks. (7) A reduction in required street pavement widths. (b) Unenclosed patio covers in Planned Development Residential zones which meet the following setback criteria may be approved by the Planning Department: is less. (1) Solid roof structure - a) Side yard - 5 feet or equivalent to main structure, whichever b) Rear yard - 7-1/2 feet limited to covering 33-1/3 percent of the width of the lot. is less. (2) Other than solid roof structure (e.g. lattice) - a) Side yard - 5 feet or equivalent to'main structure, whichever b) Rear yard - 7-1/2 feet (c) Roam additions in Residential Planned Developments and patio covers not meeting the criteria in (b) above may be approved by the Planning Commission by Conditional Use Permit. The Planning Ccamission shall find that the proposed con- struction does not materially affect the required open space or building coverage of the Planned Development. - 14 - X13-254 Failure to Begin Development If no construction has occurred in the Planned Development pursuant to the Development Plan within twelve (12) months from the approval of the Development Plan by the City Council, the approved plan shall be null and void and a new -Development Plan shall be required for any development on subject property. The City Council, upon showing good cause by the developer, may extend for periods of twelve (12) months the time for beginning construction. X13-255 Phased Planned Developments If the sequence of construction of various portions of the Development Plan is to occur in stages, then the open space and/or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. Furthermore, at no time during the con- struction of the project shall the number of constructed dwelling units per acre of.develcped land exceed the overall density per acre established by the approved Development Plan. SECTION 3: This ordinance shall take effect and be in full force and effect thirty (30) days from and after 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, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this /gt.D., day of , 1978 Mayor of'the"City df Costa Mesa ATTEST: City Clerk of the City of Cost sa APPROVED AS TO CCN=: Attorney of theCityof Costa Mesa Planning Director of the City of Costa Mesa - 15 - 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. g-;'/ was introduced and considered section by section at a regular meeting of said City Council held on the -- 6X day of 1978, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the Z& day of , 1978, by the following roll call vote: AYES: COUNCIL MEMBERS: % NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this / f7T-;6--zY7 day of , 1978. &'L� Ll�' ' . Cify Clerk and ex -officio: Cle of the City Council of the City of sta:Mesa