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HomeMy WebLinkAbout83-03 Amending Regulations Concerning Planned DevelopmentsORDINANCE NO. 83-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE REGULATIONS CONCERNING PLANNED DEVELOPMENTS WITHIN THE CITY OF COSTA MESA. 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 the City Council adopted Ordinance No. 78-51 creating the Planned Development (PD) District to encourage the utilization of more imagin- ative and innovative planning concepts than would be possible through strict application of the City's traditional zoning regulations; 2. That certain provisions of the Planned Development Ordinance have acted to restrict development options, in conflict with the stated purpose and intent of the Ordinance. 3. That the Planned Development Residential -Urban Center (PDR -UC) District was created by the adoption of Ordinance No. 81-25 to allow specialized housing opportunities within intense urban environments; 4. That the following amendments are necessary and proper to accomplish the purpose and intent of regulating planned development projects for the general health, safety, and welfare of the public. ACCORDINGLY, the City Council of the City of Costa Mesa herewith amends the Costa Mesa Municipal Code as hereinafter set forth. SECTION 2: 1. Amend Section 13-251.1(a), as follows: Na) 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 or condo- miniums." 2. Add Section 13-251.1(d), as follows: "(d) In the Planned Development Residential -Urban Center (PDR -UC) District, mixed use developments in concentrated urban centers are encouraged. In addition to those uses specified in Section 13.251.1(a), the permitted uses in the PDR -UC District shall include retail stores, offices, hotels, restaurants, public facilities and cultural uses as deemed appropriate and canpatible with the residential canponent of the project and as deemed consistent with the General Plan by the City Council." 3. Add Section 252.1(b), as follows: "(b) Planned Development Residential Density in mixed use projects - the density of the residential component of a mixed use planned development shall be calculated by dividing the total number of dwelling units proposed by that portion of the total site area devoted to residential uses, including required parking, land- scaping, open space, and driveways to serve the residential component. The density permitted within the residential can- ponent shall be determined by the criteria established in Section 13-252.1(a)." 4. Amend Section 13-252.4(a), as follows: "(a) In Planned Development Residential Districts, open space shall be provided as follows: PDR --Low Density, 52% of site area; PDR --Medium Density, 45% of site area; PDR—High Density, 42% of site area; PDR --Urban Center, 40% of site area. The required open space shall be land areas that are not occupied by buildings, structures, parking areas, driveways, streets or alleys. Landscaped roof areas or decks may not be calculated as part of the required open space. Said open space shall be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities. At least fifty (50) per cent 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 calculation of common open space, if said areas are landscaped and maintained in common. Common open space may be distributed throughout the planned development and need not be in a single large area. The remaining required open space shall be equally provided to each dwelling unit. Each dwelling unit shall be provided with a private open space with no dimension less than ten (10) feet. All or part of the area required may be provided in the common open space for multiple -story apartments or condominiums where dwelling units have no ground floor access, or where for other reasons the Planning Commission finds that the provision of all or part of the - 2 - required private open space in the aforementioned manner is impractical or undesirable. In such cases, each dwelling unit above the first floor shall be provided with patio or deck area of not less than one hundred (100) square feet. The required area may be provided in one or more patios or decks. In such cases, each dwelling unit shall be provided with a private patio or deck with no dimension less than five (5) feet." 5. Amend Section 13-252.11 as follows: 11. Development Standards for Mixed Use Planned Developments: a. Nonresidential development in Planned Development Residential districts shall comply within the following criteria: (1) Commercial components of Planned Development Residen- tial projects shall canply with the permitted uses, site coverage, and parking requirements of the Planned Development Commercial (PDC) District. (2) Commercial development within a Planned Development shall be located 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. Consideration shall be given to anticipated pedestrian, bicycle, and vehicular trade, adjacent development that may provide multiple use of off-street parking facilities and the types of ccmmercial use provided. (3) 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. b. Complementary residential and industrial uses within the Planned Development Commercial (PDC) District shall comply with the permitted uses, density or site coverage, and parking requirements of the Planned Development Residential (PDR) and Planned Development Industrial (PDI) Districts, respectively. C. Complementary commercial and residential uses within the Planned Development Industrial (PDI) District shall comply with the permitted uses, site coverage or density, and parking requirements of the Planned Development Commercial (PDC) and the Planned Development Residential (PDR) Districts, respectively." - 3 - 6. Amend Section 13-253-5 as follows: 115. Preliminary Development Plan: At the applicant's option, a Preliminary Development Plan may be processed in advance of the Development Plan as provided herein. The purpose of the Preliminary Development Plan shall be to deter- mine the general location, type, and intensities of uses proposed in large scale planned developments prior to the preparation and submittal of more detailed Development Plans. Preliminary Development Plans may also be used as conceptual master plans for long-term or phased planned developments. Preliminary Development Plans shall be subject to the same review process and fees as established herein. Information required for filing of the Preliminary Development Plan shall be of sufficient detail to determine the type, location, intensity, relationship, and arrangement of uses proposed within the planned development. Sufficient information shall also be provided to determine the relationship and compatibility of the planned development with adjacent land uses and developments. Upon approval of the Preliminary Development Plan, Development Plans for individual components or phases of the planned develop- ment shall be required and shall be processed according to the provisions herein. The Development Plans shall be consistent with the parameters and general allocation and intensity of uses of the approved Preliminary Development Plan. At the time of approval of the Preliminary Development Plan, the City Council may determine that subsequent development plans may be approved by the Planning Commission only. In such cases, Development Plans will be forwarded to the City Council only upon recommendation by the Planning Commission, upon an appeal filed pursuant to Section 2-300, or upon motion by the City Council." 7. Add Section 13-253.6 as follows: "6. Amendments to the Development Plan: a. Minor changes in the location, siting or character of buildings and structures may be authorized by the Development Services Director if required by engineering or other circum- stances not foreseen at the time the development plan %as 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 - (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. Substantial amendments to the Development Plan encompassing one or more of the above listed changes shall be processed and reviewed pursuant to the provisions for new Development Plans contained herein The fee for amendments to an approved Develop- ment Plan shall be onehalf that of the original filing fee. b. Unenclosed patio covers in planned development residential zones which meet the following setback criteria may be approved by the Planning Department: (1) Solid roof structure: a. Side yard - Five (5) feet or equivalent to main structure, whichever is less. b. Rear yard - Seven and one-half (7 1/2) feet limited to covering thirty-three and one-third (33 1/3) per- cent of the width of the lot. (2) Other than solid roof structure (e.g. lattice): a. Side yard - Five (5) feet or equivalent to main structure, whichever is less. b. Rear yard - Seven and one-half (7 1/2) feet. c. Roan 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 if the Planning Commission shall find that the proposed construction does not materially affect the required open space or building coverage of the Planned Development. 8. Amend Section 13-254, as follows: "Sec. 13-254. Failure to begin development. a. 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 - 5 - 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. b. The time limits specified in Section 13-254(a) shall not apply to Preliminary Development Plans for large scale planned developments, except that the development plan for the first phase must be approved within twelve (12) months of the approved Preliminary Development Plan. Time limits regarding the construction of improvements authorized by the approved development plan for each phase of the project shall ccnply with the time limits established in Section 13-254(a)." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days frau and after the passage thereof, and prior to the expiration of fifteen (15) days frau its passage shall be published once in the ORANGE COAST DAILY PILC)T, 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 of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 7th day of February, ATTEST: &*D . y Clerk of the City of Cos vllesa m:_ y or costa Mesa APPROVED AS TO FORM CITY ATTORNEY 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. 83-3 was introduced and considered section by section at a regular meeting of said City Council held on the 17th day of January, 1983, and thereafter passed and adopted as a whole at a regular meeting of said Council held on the 7th day of February, 1983, 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 8th day of February, 1983. _ -- City Clerk and ex -officio Clerk of he City Council of the City of Cosesa - 7 -