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HomeMy WebLinkAbout84-24 Concerning Administrative Changes to Title 13ORDINANCE NO. 84-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING ADMINISTRA- TIVE CHANGES TO TITLE 13. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 1. Same sections of Title 13 are inconveniently located; 2.. Administrative practice and interpretation have made the wording of some sections obsolete; 3. Previous amendments to Title 13 have made some sections redundant or obsolete; ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends Title 13 of the Costa Mesa Municipal Code as hereinafter set forth: SECTION 2. 1. Amend Section 13-126 to read: "Section 13-126 uses. A. Uses Permitted. 1. Single-family dwelling units. B. Accessory Uses Permitted. 1. Renting of roams and/or providing of table board for not more than three (3) paying guests. 2. Real estate offices of a temporary character; not to exceed one year, for the first sale of the lots or houses in any approved subdivision. 3. 'Small family day-care hares' pursuant to California Health and Safety Code. 4. 'Residential facilities', pursuant to the California Health and Safety Code. 5. Home Occupations having permits issued pursuant to provi- sions of this Title. C. Uses which may be allowed by Conditional Use Permit: 1. Schools 2. Nursery Schools 3. Churches 4. Country clubs and golf courses 5. Libraries 6. Civic and Community clubs 7. Publicly owned facilities such as courthouses, fire sta- tions, etc. 8. Home occupations that do not have permits because they generate sane customer traffice, provided, however, that such home occupa- tions do not involve more than one client or customer at a time nor more than eight clients or custaners per day. D. Uses expressly prohibited: 1. All non-residential uses except those listed above." 2. Repeal Sections 13-309, 13-310, 13-312, 13-315, 13-318, 13-320, and 13-422.12. 3. Move Section 13-317 to Chapter II, Article 7 and renumber it Section 13-129(7). 4. Amend Section 13-136(2) to read: "One dwelling unit for each 3,000 square feet of land remaining after all required dedications have been made. Fractions equal to or - 2 - above one-half (0.5) may be rounded up; provided, however, that the total number of units may never exceed that allowed by the City of Costa Mesa General Plan." 5. Amend Section 13-148(2) to read: "One dwelling unit for each 2,000 square feet of land remaining after all required dedications have been made. Fractions equal to or above one-half (0.5) may be rounded up; provided, however, that the total number of units may never exceed that allowed by the City of Costa Mesa General Plan." 6. Amend Section 13-174(2) to read: "One dwelling unit for each 1,500 square feet of land remaining after all required dedications have been made. Fractions equal to or above one-half (0.5) may be rounded up; provided, however, that the total number of units may never exceed that allowed by the City of Costa Mesa General Plan." 7. Amend Section 13-277(1) to read as follows: "1. Preliminary Plan: The applicant shall submit a preliminary plan for approval by the Planning Commission and City Council. The review of the preliminary plan shall be processed as a Conditional Use Permit in accordance with the provisions of this Chapter. The preliminary plan shall include the following items: (a) Legal description. (b) Proposed land uses and general location of structures. (c) A tabulation of total floor area distribution among the proposed uses. (d) Circulation pattern (vehicular and pedestrian) including provisions for mass facilities, if any. (e) Tentative development scheduling plan. (f) Statement of relationship to the immediate area and the general plan of the City of Costa Mesa. (g) Any additional information required by the Director of Development Services in order to evaluate the project." - 3 - 8. Amend Section 13-277(2) to read as follows: "2. Final Development Plan. Subsequent to the approval of the preliminary plan, the applicant shall submit, for approval by the Planning Commission and City Council, a final development plan. The review of the development plan shall be processed as a Conditional Use Permit in accord- ance with the provisions of this Chapter. In the event that development is to take place in distinct phases, a final development plan may be submitted for each phase in the sequence identified in the tentative scheduling plan. The final development plan shall include the following: (a) Exact location of all structures, their proposed use, height and exterior materials, elevations and floor plan. (b) Proposed curb cuts, driveways, parking areas, loading areas, proposed off-site improvements and parking area landscaping. (c) Location, material and height of all proposed fences and screening. (d) All existing or proposed physical features (such as hydrants, utilities, drainage). (e) Elevation (above mean sea level) of all structures. (f) Full color rendering of major features of development. (g) Tabulation of total land and floor area and the percent thereof designated for various uses. (h) A detailed development scheduling plan." 9. Add Section 13-145(g), Add Section 13-238(g), and Add Section 13-420.1(7) to read as follows: "Fees for Development Reviews may be established by Resolution of the City Council". - 4 - 10. Amend Section 13-185 to read as follows: "Permitted Uses. 1. Public administrative, professional and business offices." 11. Amend Sections 13-197, 13-208, 13-222, by deleting the following words: "Permitted uses shall include, but are not limited to:" 12. In Chapter I "In General", create a heading as follows: "ARTICLE 1. PLANNING COMMISSION" To incorporate Sections 13-1 to 13-17 inclusive. 13. Adopt Article 2 in Chapter I as follows: "ARTICLE 2. ENFORCEMENT Section 13-18. Enforcement. 1. Criminal Prosecution. Any person, whether as principal, agent, or employee, violating the terms of this Title shall be guilty of a misdemeanor. The City Attorney may, at the request of the Development Services Director, cause a criminal complaint to be issued in any court of competent jurisdiction, charging the person(s) deemed responsible for violation of this Title. 2. Citation for Infraction. As an alternative to misdemeanor prosecution, the Director of Development Services or his designee may issue a citation to the owner(s), occupant(s), or other person(s) deemed respons- ible for violating any of the provisions of this Title. For purposes of this subsection, any such violation shall be classified as an 'infraction', pursuant to California Government Code Sec- tion 36900, which section and the penalities prescribed are hereby adopted and incorporated herein. 3. Civil Action. As an alternative to misdemeanor prosecution -'5 or citation for an infraction, or in addition to either the City Attorney may, at the request of the Development Services Director, institute an action in any court of canpetent jurisdiction to restrain, enjoin, or abate the condition(s) or activity(ies) found to be in violation of the provi- sions of this Title, as provided by law." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from 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 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 18th day of Jur ATTEST: Deputy Citf Clerk of the City of Costa Mesjy APPROVED AS TO FOR 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 fore- going Ordinance No. 84-24 was introduced and considered section by section at a regular meeting of said City Council held on the 4th day of June, 1984, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of June, 1984, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of June, 1984. City Clerk and ex -officio Clerk of e City Council of the City of Costa ffesa. Deputy Ci y Clerk - 7 -