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HomeMy WebLinkAbout84-27 Relating to Zoning ProceduresORDINANCE NO. 84-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO ZONING PROCEDURES. 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hereby finds and declares as follows: Provisions concerning Zone Exception Permits and other zoning matters have become outdated and need to be made to conform to current State law and current City practices and procedures; High-rise buildings and structures have potential impacts upon a wider area than those of only two stories or thirty feet (301) in height and, therefore, the area within which mailed notice is given of hearings to allow the construction of high-rise buildings or structures should be expanded accordingly; and The CP zoning designation is no longer needed and does not conform to current practices and procedures, and its elimination frcan zoning maps and Code provisions would promote clarity and simplicity. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: SECTION 2. 1. Article 23 of Title 13 of the Municipal Code of the City of Costa Mesa is amended to read as follows: Article 23 - Planning Actions - Variances, Conditional Use Permits, Development Reviews, Zoning Administrator. "Section 13-341. Intent. Whenever the strict interpretation or inflexible application of this Title will lead to results which may be inconsistent with the intent and purpose of this Title or which may be unfair and lead to injustices, or which may lead to practical difficulties in land use or development, or which may unfairly exclude proper and accepted uses, a Variance or Conditional Use Permit may be granted." "Section 13-342. Application. The Planning Commission may upon its own motion or upon receipt of an application initiate proceedings for the consideration of a Variance or Conditional Use Permit." "Section 13-343. Procedure. a. Application for a Variance, Conditional Use Permit or Develop- ment Review shall be made to the Development Services Department on forms provided. Plans and information reasonably needed to analyze the applica- tion may be required by the Planning Commission or Development Services Director. A list of required plans and information shall be maintained and shall be available frau the Development Services Department. b. All applications for Variances, Conditional Use Permits or Development Reviews shall be signed by the record owner of the real prop- erty to be affected. This requirement may be waived upon presentation of evidence substantiating the right of another person to file such an appli- cation. c. Fees for Variances, Conditional Use Permits and Development Reviews may be established by Resolution of the City Council. d. No building permit or authority to proceed shall be granted to a development until all appeal periods have expired." - 2 - "Section 13-344. Public Hearing. Upon receipt of a canplete application for a Variance or Condi- tional Use Permit, the Development Services Department shall fix a time and place of the public hearing thereon not less than 20 days nor more than 45 days thereafter." "Section 13-345. Notices. a. Notices of the hearing shall be mailed to all owners of prop- erty within a radius of 300 feet of the external boundaries of the property described in the application, not less than 10 days prior to the hearing. The Planning Division shall use for this purpose the last known name and address of such owner(s) as shown on the last Equalized Assessment Roll of Orange County or by a more current listing. The notice shall contain a general explanation of the request for Variance or Conditional Use Permit and any other information reasonably needed to give adequate notice of the matter to be considered. b. When an application for a Variance or Conditional Use Permit involves construction forty-five (45) feet or more in height, notice shall be mailed to owners of property in accordance with the following table: Building Height Notice Requirement 45' - 75' 500' radius more than 75' and less than or equal to 150' 700' radius more than 150' and less than or equal to 225' 900' radius more than 225' and less than or equal to 300' 1,100' radius more than 300' 1,300' radius" "Section 13-346. Findings Necessary to Grant a Variance. When granting a Variance, the Planning Commission shall find that the evidence presented substantially meets the conditions set forth in the California Government Code pertaining to variances, and that the Variance - 3 - will not allow a use, density, or intensity which is not in accordance with the General Plan designation for the property." Permit. "Section 13-347. Findings Necessary to Grant a Conditional Use When granting a Conditional Use Permit the Planning Commission shall find that the evidence presented substantially meets the following conditions: a. The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. b. The granting of the Conditional Use Permit will not be materi- ally detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. c. The granting of the Conditional Use Permit will not allow a use, density or intensity which is not in accordance with the General Plan designation for the property." "Section 13-348. Conditions. The Planning Commission may impose reasonable conditions to assure compliance with applicable provisions of this Title and to assure compati- bility of the requested Variance or Conditional Use Permit with surrounding properties and uses and to protect the public health, safety, and general welfare. The Planning Commission may also require such written guarantees, cash deposits, recorded land use restrictions, et cetera, as may be deemed necessary to assure compliance with the conditions." "Section 13-349. Time Limits. a. Variances, Conditional Use Permits and Development Reviews - 4 - shall run with the land until revoked, except as provided in this Section or in a condition imposed at the time of granting the Variance, Conditional Use Permit, or Development Review. b. If the construction authorized by Variance, Conditional Use Permit or Development Review is not commenced within one year after final approval by the City, the authority to proceed shall terminate. The Plan- ning Commission may extend a Variance or Conditional Use Permit for succes- sive periods of one year upon a showing of good cause by the applicant. The Development Services Director or his designee may extend a Development Review approval for successive periods of a year upon the showing of good cause by the applicant. c. Fees for extension of time for Variances, Conditional Use Permits or Development Reviews may be established by Resolution of the City Council. d. When a Variance, Conditional Use Permit or Development Review expires pursuant to a condition of approval, the applicant may apply for extension of time. A public hearing shall be held on the extension if the extension requires action by the Planning Commission and a public hearing was required for the original application. If notice was required for the original application, notice of the public hearing shall be given according to procedures set forth in this Title." "Section 13-350. Non-Campliance With Conditions. a. When an applicant does not camply with conditions attached to the Variance, Conditional Use Permit, or Development Review at the time of granting thereof, the Development Services Director or his designee shall set a hearing before the Planning Commission for revocation of the Variance, Conditional Use Permit or authority to develop and/or pursue other legal - 5 - 4 remedies as may be deemed appropriate by the City Attorney. b. If a hearing is to be held, notice shall be given according to Section 13-345." "Section 13-351. Zoning Administrator. a. The Development Services Director or his designee is author- ized to act as the Zoning Administrator according to procedures set forth in the California Government Code. b. The Zoning Administrator is authorized to act on minor Variances and minor Conditional Use Permits. c. Application for a minor Variance or minor Conditional Use Permit shall be made to the Zoning Administrator on forms provided. Plans and information reasonably needed to analyze the application may be required by the Zoning Administrator. d. A list of minor Variances and minor Conditional Use Permits shall be established by Resolution of the City Council. e. Notice of proposed minor Variances and minor Conditional Use Permits shall be provided according to procedures set forth in the Cali- fornia Government Code. f. As provided by the California Government Code, no public hearing shall be held by the Zoning Administrator. Notice of the decision of the Zoning Administrator shall be given to any affected party requesting said notice. g. Notice of the decisions of the Zoning Administrator shall be given to the Planning Com.Lission and City Council within five days of said decision. h. Before granting a minor Variance or minor Conditional Use Permit, the Zoning Administrator shall make findings as required by Section 13-346 or Section 13-347. i. The Zoning Administrator may forward any minor Variance or minor Conditional Use Permit to the Planning Commission for review. j. Any member of the Planning Commission or City Council may request review of a decision of the Zoning Administrator within seven days of the date of the decision. k. Appeals of the decisions of the Zoning Administrator shall be filed according to procedures set forth in Costa Mesa Municipal Code -Sec- tion 2-300 et seq. 1. No building permit or authority to proceed shall be granted to a development involving a minor Variance or minor Conditional Use Permit until all appeal periods have expired." 2. Section 13-368 of Title 13 of the Municipal Code of the City of Costa Mesa is amended to read as follows: "Section 13-368. Public Hearings. a. The Planning Commission shall hold at least one public hearing upon request for change of zoning designation or of district boundaries and, upon completion of the public hearing, shall recommend in writing to the City Council that the petition be approved or denied. b. Upon receipt of the Planning Commission's recommendation, the City Council shall set a date for a public hearing not more than forty-five (45) days from receipt of the recommendation. Upon the conclusion of the public hearing, the Council shall either approve or deny the petition on a majority vote." 3. Section 13-369 of Title 13 of the Municipal Code of the City of Costa Mesa is amended to read as follows: - 7 - "Section 13-369. Publication and Mailing of Notices. Notice shall be published once in a newspaper of general circula- tion published in the City, not less than ten (10) days prior to the date set by the Commission or Council for the hearing. Notices of such hearings before the Planning Commission shall also be mailed, not less than ten (10) days prior to the hearing, to any person who has filed a written request therefore with the Planning Commission and has paid the cost of mailing, and to all owners of property within a radius of three hundred (300) feet of the external boundaries of the property described in the petition. The Planning Division shall use for this purpose the last known names and addresses of such owners as shown on the last equalized assessment roll of the County of Orange or a more current listing. The notices shall contain a general explanation of the matter to be considered, including a general description of the area affected." 4. Sections 13-82, 13-353, 13-354, and 13-370 through 13-378, inclu- sive, of Title 13 of the Municipal Code of the city of Costa Mesa are hereby repealed. 5. The zoning map of the City of Costa Mesa is hereby amended by deleting the designation "CP" and reclassifying all districts previously classified as CP districts to their underlying classification. 6. Amend Section 13-145 to read: "Section 13-145. Application and Review of Development. Any construction of improvements on real property located in an R2,.R3, or R4 zone shall be submitted to the Planning Division for Develop- ment Review according to the following procedures, and subject to the fol- lowing criteria: a. Application: Any person proposing construction within the above listed zones shall make application to the Planning Division for Development Review on forms provided by the Planning Division. b. Action: The Planning Division shall approve, approve with conditions, or deny each application. The Planning Division may require evidence or proof in a manner prescribed by the Planning Division to insure conpliance with any development standard described in the Costa Mesa Municipal Code. c. Appeals: The applicant or any interested person may appeal a decision of the Planning Division according to appeal procedures pre- scribed in the Costa Mesa Municipal Code. d. Building Permits: Required permits shall not be issued until Planning Division review and approval has been obtained and all applicable appeal periods have expired. e. Compliance: Final occupancy shall not be granted unless the site development conforms to the approved set of building plans. f. 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: (1) Ccanpatible and harmonious relationship between the pro- posed building and site development and the building and site developments that exist or have been approved for the general neighborhood. (2) 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. (3) Canpliance with any performance standard as prescribed elsewhere in this Title." 7. Amend Section 13-238 to read: "Section 13-238. Application and Review of Development. Any construction of improvements on real property located in an AP, Cl, C2, or CL zone shall be submitted to the Planning Division for development review according to the following procedures, and subject to the following criteria: a. Application: Any person proposing construction within the above listed zones shall make application to the Planning Division for development review on forms provided by the Planning Division. b. Action: The Planning Division shall approve, approve with conditions, or deny each application. The Planning Division may require evidence or proof in a manner prescribed by the Planning Division to insure canpliance with any development standard described in the Costa Mesa Municipal Code. c. Appeals: The applicant or any interested person may appeal a decision of the Planning Division according to appeal procedures pre- scribed in the Costa Mesa Municial Code. d. Building Permits: Required permits shall not be issued until Planning Division review and approval has been obained and all applicable appeal periods have expired. e. Compliance: Final occupancy shall not be granted unless the site development conforms to the approved set of building plans. f. Review Criteria: In case of denial, applicant shall be noti- fied of criteria which are deemed to be deficient. Review criteria shall consist of the following: - 10 - (1) Compatible and harmonious relationship between the pro- posed building and site development and the building and site developments that exist or have been approved for the general neighborhood. (2) 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. (3) Compliance with any performance standard as prescribed elsewhere in this Title." 8. Amend the heading only of Chapter II, Article 12 to read: "AP, Administrative and Professional District" Amend the heading .only of Chapter II, Article 14 to read: "Cl, Local Business District" Amend the heading only of Chapter II, Article 15 to read: "C2, General Business District" Amend the heading only of Chapter II, Article 16 to read: "Additional Development Standards for the AP, Cl, Cl -S, C2 and CL Commercial Districts." 9. Section 13-76 of Title 13 of the Municipal Code of the City of Costa Mesa is amended to read as follows: "Section 13-76. Names of Zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the following classes of zones are established: Rl W Single -Family Residential District - Waterfront R1 Single -Family Residential District R2 Multiple -Family Residential District R3 Multiple -Family Residential District R4 Multiple -Family Residential District AP Administrative and Professional District Cl -S Shopping Center District Cl Local Business District C2 General Business District CL Commercial Limited District TC Town Center District P Off -Street Parking District I&R Institutional and Recreational District I&R-S Institutional and Recreational - Schools District PDR -LD Planned Development Residential -Low Density PDR -MD Planned Development Residential -Medium Density PDR -HD Planned Development Residential -High Density PDR -UC Planned Development Residential -Urban Center PDC Planned Development Commercial PDI Planned Development Industrial MG General Industrial MP Industrial Park 10. Articles 4, 5 and 10 of Chapter II and Article 5 of Chapter II 1/2 of Title 13 are hereby repealed. 11. Section 13-48.8 of .Title 13 is hereby added. "Section 13-48.8 Development Review. A development review is the processing of a development plan when ' authority for approval is vested in the Development Services Department, or in the Planning Division, or the Development Services Director or his designee. Development review and review of development are interchangeable terms." 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 - 12 - 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 Ju ATTEST: f Deptuy City erk of the City of Costa Mesa OVED AS TO FOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) CITY ATTORNEY 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. 84-27 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. 71 y Clerk and ex -officio Clerk of e City Council of the City of Costa Mesa By: Deputy Cit Clerk - 13 -