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HomeMy WebLinkAbout78-25 Revisions for Commercial DistrictORDINANCE NO. 7S -ZS' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADOPTING ADDITIONAL DEVELOPMENT STANDARDS AND REVISED PROCESSING PROCEDURES FOR THE AP, Cl, C2, C1 -S, CL, AP -CP, C1 -CP AND C2 -CP COMMERCIAL DISTRICTS. 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 as follows: 1. That increasing pressures and demands are being made on the use of land throughout our community for commercial development. 2. That the pressures and demands are not adequately met by the exist- ing provisions of our Costa Mesa Municipal Code. 3. That these regulations are necessary and proper to accomplish the purpose and intent of regulating the development standards of commercial developments for the general health, safety, and welfare of the public. 4. That these regulations are necessary and proper to establish consistent processing procedures for the AP, Cl, C2, CI -S, CL, AP -CP, C1 -CP and C2 -CP commercial districts. 5. That these regulations will result in substantive and processing changes for the AP, Cl, C2, C1 -S and CL districts and processing changes for the AP -CP, C1 -CP, and C2 -CP districts. ACCORDINGLY, The City Council of the City of Costa Mesa herewith amends Title 13 of the Costa Mesa Municipal Code by amending and adding Sections and Articles as hereinafter set forth: SECTION 2: ARTICLE 12, AP, AP -CP - ADMINISTRATIVE AND PROFESSIONAL DISTRICT X13-184 Purpose The Administrative and Professional (AP) District is intended to establish areas within which public administrative, professional and business offices may be located. It is the further purpose to limit the intensity of use within the district to be compatible with the types of activities generally associated with office developments. X13-185 - Permitted Uses 1. Public Administrative Offices including but not limited to; (a) Federal, State or local governmental offices (b) Governmental board, commission and special district offices 2. Professional offices including but not limited to; (a) Accountants (b) Attorneys (c) Doctors, Dentists, Optometrists and Chiropractors (d) Management, Consulting and Public Relation services (e) Architects, Engineers, Planners and Landscape Architects 3. Business offices including but not limited to; (a) Real Estate agents, brokers and escrow agents (b) Insurance agents (c) Security and Commodity brokers and dealers (d) Telephone Answering Services X13-186 - Conditional Uses 1. Exhibit Halls 2. Medical Laboratories 3. Morticians, Undertakers and Funeral Homes 4. Photographers and Photographic Studios X13-187 - Property Development Standards 1. Minimum lot area - six thousand (6,000) square feet 2. Minimum lot width - fifty (50) feet for interior lots; sixty (60) feet for corner lots 3. Maximum building height - two (2) stories not to exceed thirty (30) feet 4. Minimum setbacks - minimum setbacks from the ultimate property lines shall be as follows: (a) front setback - twenty (20) feet - 2 - (b) side setback - fifteen (15) feet on one side; zero (0) feet on the second side (c) rear setback - zero (0) feet (d) side or rear lot lines adjacent to a residential district - two (2) times the height of the nearest structure on the site adjacent to the residential district (e) side or rear lot lines adjacent to a public street - fifteen (15) feet 5. All developments shall be subject to the requirements set forth in Article 16, contained within this title. § 13-188 - 13-195 - Reserved ARTICLE 13. Cl -S - SHOPPING CENTER DISTRICT S13-196 - purpose The Shopping Center (C1 -S) District is intended for large conmrcial parcels constructed as a unified and integrated development. It is the further purpose to provide a wide range of goods and services on a community or regional scale. §13-197 - Permitted Uses Permitted uses shall include but are not limited to: 1. Retail Commercial shops and department stores 2. Administrative, professional and business offices 3. Financial institutions and services 4. Theatres 5. Restaurants 6. Bowling Alleys 7. Grocery Stores 8. Barber and Beauty shops 9. Commercial photographers and studios - 3 - §13-198 - Conditional Uses 1. Service Stations 2. Automotive Repair and Service 3. Health Clubs, spas and massage parlors 4. Any business activity which is limited to persons eighteen (18) years or older (excepting establishments engaged in on -sale beer, wine and liquor). 5. Additional commercial uses not provided for as a permitted use may be considered for approval as a conditional use according to the procedures set forth in this Code 6. Buildings in excess of two (2) stores or thirty (30) feet §13-199 - Property Development Standards 1. Minimum lot area - five (5) acres 2. Maximum site coverage - twenty-five (25) percent of the total parcel area 3. Maximum building height - two (2) stories not to exceed 30 feet 4. Minimum setbacks - Same as AP District, Section 13-187(4) 5. All developments shall be subject to the requirements set forth in Sections 13-233 - 13-237 of Article 16 contained within this title. §13-200 - Master Plan of Development Required A Master Plan of development shall be required for all C1 -S developments. Said Master Plan shall be submitted to the Planning Commission for review according to the following procedures and subject to the following criteria: 1. Application: Any person proposing construction within the C1 -S zone shall make application to the Planning Commission for review on forms provided by the Planning Department. The completed application shall contain all of the information required to evaluate the proposed Master Plan. A list of required information shall be provided by the Planning Department. - 4 - 2. Action: Upon recommendation of the Planning Department, the Planning Commission shall approve, approve with conditions, or deny each application. The Planning Commission may require evidence or proof in a manner prescribed by the Commission to insure compliance with any development standard, condition, or requirement prescribed in the Costa Mesa Municipal Code. 3. Appeals: The applicant or any interested person may appeal a decision of the Planning Commission according to appeal procedures prescribed in the Costa Mesa Municipal Code. 4. Building Permits: Required permits shall not be issued until Planning Commission review and approval has been obtained. 5. Compliance: Final occupancy shall not be granted unless the site development conforms to the approved set of building plans. 6. Review Criteria: In case of denial, applicant shall be notified of criteria which are deemed to be deficient. Review criteria shall consist of the following: a. Compatible and harmonious relationship between the proposed building and site development and the building and site developments that exist or have been approved for the general neighborhood. b. Safety and compatibility of the design of buildings, parking areas, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation. c. Compliance with any performance standard as prescribed elsewhere in this chapter. X13-201 Signage A Planned Signing Program, as provided for in Section 5-122 of the Costa Mesa Municipal Code, shall be required for all C1 -S developments. §13-202 - 13-206 Reserved - 5 - ARTICLE 14, Cl, C1 -CP - LOCAL BUSINESS DISTRICT §13-207 - Purpose The Local Business (Cl) District is intended to meet the local business needs of the community by providing a wide range of goods and services in a variety of locations throughout the City. The lists of permitted and conditional uses and development standards are aimed toward reducing impacts on surrounding properties, especially in those areas where residential uses are in the vicinity. §13-208 - Permitted Uses Permitted uses shall include but not be limited to: 1. Retail Commercial Shops and Department Stores 2. Barber and Beauty Shops 3. Financial Institutions and Services 4. Administrative, Professional and Business Offices 5. Business or Trade Colleges 6. Dancing and Music Academics 7. Employment Agencies 8. Grocery Stores 9. Laundromats and dry cleaners (no plant on premises) 10. Restaurants 11. Theatres 12. Print Shops (photocopying and offset lithographic and screen printing only) §13-209 - Conditional Uses 1. Motels and Hotels 2. Auditoriums 3. Dry Cleaning Plants 4. Sports Clubs and Amusement Centers - 6 - 5. Health Clubs, Spas and Massage Parlors 6. Automotive, Motorcycle and Boat Dealerships (including sales and service) 7. Service Clubs engaged in public service and not operated primarily for prof it 8. Service Stations 9. Retail Nurseries (no bulk fertilizer storage) 10. Preschools, Day Care Centers, nursing homes and convalescent hospitals. 11. Other commercial uses not provided for as a permitted use may be con- sidered for approval as a conditional use, according to the provisions set forth in this title. 12. Buildings in excess of two (2) stories or thirty (30) feet. 13. Any business activity which is limited to persons eighteen (18) years or older (excepting establishments engaged in on -sale beer, wine and liquor). §13-210 - Property Development Standards 1. Minimum lot area - twelve thousand (12,000) square feet 2. Minimum lot width - sixty (60) feet 3. Maximum building height - two (2) stories not to exceed thirty (30) feet 4. Minimum setbacks - Same as AP District, Section 13-187(4) 5. All developments shall be subject to the requirements set forth in Article 16 contained within this title. §13-211 - 13-220 - Reserved ARTICLE 15. C2, C2 -CP GENERAL BUSINESS DISTRICT §13-221 - Purpose The General Business (C2) District is intended to provide for those uses which offer a wide range of goods and services which are generally less compatible with more sensitive land uses of a residential or educational nature. arm X13-222 - Permitted Uses Permitted uses shall include but are not limited to: 1. All permitted uses in the Local Business (Cl) District 2. Automotive Repair 3. Dry Cleaning Shops and Plants 4. Car Washes 5. Bowling Alleys 6. Automotive, motorcycle and boat dealerships (sales and service) 7. Glass cutting, edging and installation (including automotive and silvering of mirrors) 8. Heating and ventilating equipment sales and contracting 9. Laundries 10. Publishing and newspaper printing 11. Retail Nurseries (no bulk fertilizer storage) 12. Building Supply and Contracting 13. Small Animal Hospital (kenneling only when incidental to principal hospital use) 14. Storage warehouses 15. Tire repair and sales 16. Upholstering Shops, furniture repair and refinishing (no manufacturing) X13-223 - Conditional Uses 1. All conditional uses in the Local Business (Cl) District 2. Lumber yards 3. Automotive body and paint shops 4. Public Gymnasiums, skating rinks, sports clubs and amusement centers Section 13-224 -.Property Development Standards Same as C1 District, Section 13-210 Section 13-225 - Reserved ARTICLE 15-1/2 CL - COMMERCIAL LIMITED DISTRICT X13-226 - Purpose The cammercial limited (CL) district is intended for unique areas of land which, due to the proximity of residential development or the potential for traffic circulation hazards, require special precautions to be taken to assure appropriate development. The district is also intended for industrial areas where commercial uses must be considered according to their compatibility with existing or proposed industrial uses. X13-227 - Permitted Uses 1. All permitted uses in the Administrative and Professional (AP) District 2. Retail commercial shops. 3. Financial institutions. X13-228 - Conditional Uses Other uses which the Planning Commission determines to be consistent with the standards established in Section 13-229 of this article. X13-229 - Standards for Approval of Permitted and Conditional Uses Standards for approving all permitted and conditional uses shall be based on a determination that the business does not produce dangerous, injurious, noxious or otherwise objectionable noise, odors, vibration, air pollution, glare, airborne particles, or traffic congestion in such an amount as to effect adversely the surrounding area or adjoining premises. 1. A use may be authorized if it is determined that the proposed location will be necessary to the public convenience or welfare and will be consistent with the various elements and objectives of the general plan. 2. A use may be authorized if it is determined that it would preserve the integrity and character of the district, the utility and value of adjacent property, and the general welfare of the neighborhood. 3. A use may be authorized if it is determined that it will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety, or general welfare. X13-230 - Property Development Standards 1. Maximum building height shall be two (2) stories. 2. Maximum lot coverage by building or structures shall be a maximum of forty percent (40%) of the lot area. 3. Lot size: Minimum lot shall be six thousand (6,000) square feet. 4. Minimum lot width for corner parcels shall be sixty (60) feet and for interior parcels shall be fifty (50) feet. 5. Setbacks: Same as AP District, Section 13-187(4) 6. All developments shall be subject to the requirements set forth in Article 16 contained within this title. X13-231 - 13-232 - Reserved ARTICLE 16 - ADDITIONAL DEVELOPMENT STANDARDS FOR THE AP, Cl, C1 -S, C2, CL, AP -CP, C1 -CP AND C2 -CP COMMERCIAL DISTRIC'T'S X13-233 Open Space and Landscaping Requirements 1. All required setbacks abutting a public right-of-way shall be land- scaped (except for walks and driveways which provide access from a public right- of-way). 2. A minimum of twenty-five (25) square feet of landscaping shall be provided for each parking space. Minimum planter size shall be twenty-five (25) square feet. No credit will be allowed for this requirement for the land- scaping of the setback landscape planters. 3. One tree (fifteen (15) gallons minimum size) shall be installed for every two hundred (200) square feet of required landscaped area. The required number of trees may be reduced under the direction of the Planning Department if larger specimen trees are provided. - 10 - 4. All required landscaped areas shall be separated from paved areas by six (6) inch high Portland Cement Concrete curbing. 5. All landscape planters shall be provided with automatic sprinkler facilities which shall be maintained in an operable condition. 6. A detailed landscape plan of the building site and any required park- way shall be approved by the Planning Department prior to issuance of any building permits. Said plan shall include but not be limited to type, size and location of all plants and trees, type of groundcover, sprinklers, all walls, fences, or barriers, trash enclosures, driveways, parking lot and security lighting, type, location, and assignment of street addresses on property. Landscaping shall be installed on the building site and on any required parkway shall comply with the approved landscape plan, and shall be properly maintained. 7. Street trees located within the parkway and/or front setback shall meet with the approval of the Leisure Services Department. X13-234 Utility Requirements 1. For all new construction, all utilities shall be installed underground on the building site in accordance with the serving utilities' rules, regulations and tariffs on file with the California Public Utilities Commission. The Planning Commission may waive the required undergrounding whenever such installation is found and determined by the Planning Commission that it is not practically feasible due to economic or technological factors found to exist at said site. Provided, however, that all required termination facilities on the structure and conduit, at least to the outer wall, at a point designated by the serving utility, shall be furnished and installed to facilitate future connection to an underground system. 2. All utilities such as gas meters, electrical meters, telephone pedestal mounted terminal boxes, surface mounted electrical transformers, fire hydrants or any other potential obstruction shall not be located within the approved parking and/or turn radius area unless installed underground in a vault having an approved traffic lid. All such facilities located aboveground shall meet with the approval of the Planning Department and serving utility. 3. Installation of all utility meters shall be performed in a manner so as to obscure said installation from view from any place on or off the property. Said installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet or wall box, and shall be installed in accordance with standard plans and specifications of the City of Costa Mesa. 4. Sewer and water system improvements shall meet with the approval of the serving utility. X13-235 Site Improvement Requirements 1. All interior property lines shall have solid, opaque walls or fences constructed under the direction of the Planning Department. If a fence is constructed adjacent to a public street, said fence shall be approved by the Planning Department in terms of its compatibility and harmony with the proposed building and site development and buildings and site developments existing or approved for the general neighborhood. No fence or wall located in the front setback shall obscure the required front setback landscaping. 2. All adjacent public rights-of-way shall be fully improved to the ultimate right-of-way as required by the Master Plan of Highways, adopted Specific Plans, or applicable standards and Codes under the direction of the Public Services Department. 3. Portland Cement Concrete driveway approaches shall be installed per City of Costa Mesa Standard Plans. The size, type and location shall be approved by the Traffic Engineer. In cases where existing curb cuts will not be used, they shall be replaced with standard curb and gutter under the direction of the Public Services Department. - 12 - 4. Portland Cement Concrete sidewalks shall be installed per City of Costa Mesa Standard Plans under the direction of the Public Services Department. 5. Prior to the issuance of a building permit, the developer shall obtain necessary Street Work Permits authorizing construction as indicated in (2), (3), and (4) above. §13-236 Elevation and Screening Requirements 1. The finished elevations of all buildings, structures, walls and fences shall be approved by the Planning Department prior to issuance of building permits. 2. All trash containers and mechanical equipment, such as air conditioning compressors, duct work and vents, shall be screened from view from a public right-of-way or adjacent property. 3. The design of trash enclosure(s) shall conform to City Standards on file in the Planning Department. §13-237 Other Requirements 1. All new parcels created after the effective date of this section shall have frontage on a dedicated street equal to, or in excess of the required minimum lot width. 2. Additional conditions or special requirements may be reasonably applied by other departments (e.g. Fire Department) within the City of Costa Mesa to ensure that the proposed development is compatible and harmonious with existing developments in the vicinity and to protect the public health, safety and general welfare. If such conditions are applied, said conditions must be fulfilled or a security posted to ensure completion of said conditions to the satisfaction of the appropriate department prior to final occupancy. 3. All permitted and conditional uses shall be conducted underroof as said term is defined in Section 13-64 of the Costa Mesa Municipal Code. 4. Outdoor storage is prohibited unless approved as a conditional use according to the procedures prescribed elsewhere in this title. - 13 - 5. All accessory buildings and structures shall be subject to the minimum setback requirements of Section 13-187(4) contained within this title. X13-238 Application and Review of Development Any construction of improvements on real property located in an AP, Cl, C2, CL, AP -CP, C1 -CP or C2 -CP zone shall be submitted to the Planning Department for review according to the following procedures and subject to the following criteria: 1. Application: Any person proposing construction within the above listed zones shall make application to the Planning Department for review on forms provided by the Planning Department. 2. Action: The Planning Department shall approve, approve with conditions, or deny each application. The Planning Department may require evidence or proof in a manner prescribed by the Planning Department to insure compliance with any development standard, condition, or requirement prescribed in the Costa Mesa Municipal Code. 3. Appeals: The applicant or any interested person may appeal a decision of the Planning Department according to appeal procedures prescribed in the Costa Mesa Municipal Code. 4. Building Permits: Required permits shall not be issued until Planning Department review and approval has been obtained. 5. Compliance: Final occupancy shall not be granted unless the site develop- ment conforms to the approved set of building plans and all conditions of approval have been fulfilled or security posted to insure their fulfillment. 6. Review Criteria: In case of denial, applicant shall be notified of criteria which are deemed to be deficient. Review criteria shall consist of the following: a. Compatible and harmonious relationship between the proposed building and site development and the building and site developments that exist or have been approved for the general neighborhood. - 14 - b. Safety and compatibility of the design of buildings, parking areas, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation. c. Compliance with any development standard, condition, or requirement as prescribed elsewhere in this chapter. §13-239 - 246 - Reserved ARTICLE 22 - GENERAL PROVISIONS AND EXCEPTIONS §13-316 - Street Dedications Wherever the approved and up-tc-date master plan of streets and highways for the City of Costa Mesa indicates that additional private property is required for street -widening purposes, property dedications must be made by the owner of said property prior to the granting of any building permit for over two thousand dollars ($2,000.00) in improvements on any one lot, legal description, or ownership in any one twelve-month period. Wherever the public convenience and necessity may be served, the City shall have the power to grant encroachment permits to the owner for the use of that portion of the property dedicated as heretofore set out, said encroach- ment permits being for uses other than permanent structures or improvements by said property owner. 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�day of Mayor of the City of Costa Mesa ATTEST: C? . -0�.o City Clerk of the City of Cos Mesa - 15 - APPROVED AS TO FORM: Asst. City Attorney, City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) Planning Director o the 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. as'was introduced on and considered section by section at a regular meeting of said City Council held on the_ day of ,1978 and thereafter passed and adopted as a whole at a regular meeting f said City Council held on theay of ,1978 by the following roll call vote: AYES: COUNCIL MEMBERS:f 7 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/6,zday of , 1978. Cit Jerk and ex -officio Cler f the City Council of the City of Co a Mesa -16 -