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HomeMy WebLinkAbout85-21 Amending Title 13 of Municipal Codes ORDINANCE NO. 85-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO DELETE REFERENCES TO ZONES WHICH NO LONGER EXIST WITHIN THE CITY, DELETE REDUNDANT RESIDENTIAL DEVELOPMENT STANa RDS, MODIFY PROCEDURES PER- TAINING TO RAMP SLOPES, CLARIFY WORDING IN SECTIONS PERTAINING TO SETBACKS AND USES,. REVISE THE DEFINITION OF FAMILY, AND PERMIT BOARDING HOUSES AS A CONDITIONAL USE IN MULTIPLE -FAMILY ZONES. 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 MH and R1 -E zones were eliminated by Ordinance 84-24; 2. That references to these zones in the Municipal Code are inaccurate and misleading; 3. That Ordinance 84-24 further clarified densities allowed in the R2, R3 and R4 zones, superseding Sections 13-137(3), 13-149(3) and 13-175(3); 4. That Sections 13-137(4),.13-149(4) and 13-175(4) are unnecessary because this development standard is contained in Section 13-142(7); 5. That some definitions are unclear or obsolete. 6. That the definition of family is invalid and should be replaced with a definition that can be legally enforced. 7. That boarding houses may be compatible uses in multiple -family zones, but each case should be reviewed as a conditional use to determine whether such use is compatible with the project site and surrounding neigh- borhood. ACCORDINGLY, the City Council of the City of Costa Mesa herewith amends Title 13 of the Costa N--sa Municipal Code as hereafter set forth. SECTICN 2. 1. Delete Section 13-137(3), 13-137(4), 13-149(3), 13-149(4), 13-175(3), 13-174(4), and 13-416(c). 2. Amend Title 13, Chapter II, Article 2 to read: ARTICLE 2. DEFINITIONS Section 13-40 DEFINITICNS. ACCESSORY BUILDING. A building or part of a building which is subordinate to, and the use of which is incidental to that of the main building or use on the same lot. ACCESSORY LIVING QUARTERS. Living quarters within an accessory building located on the same premises with the main building. ACCESSORY USE. A use incidental or subordinate to and devoted exclusively to the main use of the land or building thereon. APARTMENT. A roan or suite of two (2) or more roans having kitchen facilities in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. BASEMENT. A space wholly or partially underground and having more than one-half (1/2) of its bight, measuring frau floor to ceiling, below the average grade. If the finished floor level directly above the basement is more than four (4) feet above grade at any point, the basement shall be considered a story. -2- BEDROOM. Any room normally used for sleeping purposes, whether designed as a bedroom or as a den, study, library or other similar teen excluding dining room, living room, kitchen and baths. BOARDINGHOUSE. A building within which lodging with meals is provided for ccmpensation. BUILDING. Any structure having a roof and walls and requiring permanent location on the ground, built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind, including apartment houses and dwellings, either singly or as combinations. BUILDING hTIGHT. The distance from grade to the highest point on the roof. BUILDING, MAIN. The building or buildings within which is conducted the principal use permitted on that lot as provided herein. BUILDING SITE. The ground area of one lot, or the ground area of two (2) or more lots when used in combination for a building or group of buildings, together with all open spaces required herein. CITY OF COSTA MESA PARKING STANDARDS. Those certain charts, diagrams, and maps adopted by the City Council, either by reference or specific designation and by this adoption they are made a part of this title. COVERED PARKING SPACE. A garage or parking space which is completely covered by a roof or trellis. -3- DEVELOPMENT REVIEW. Zhe 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. DEVELOPMENT. Physical improvements to the land including structures, parking, landscap- ing, etc. DWELLING UNIT. One or more rooms in any building designed for occupancy by one family, and containing one kitchen unit. FAMILY. one or more persons occupying one dwelling unit and living together as a single housekeeping unit. Family does not include fraternity, sorority, boarding house, lodging house, club, hotel, rehabilitation. facility, con- valescent home, or other similar commercial use. Family also does not include licensed family care home, family day care home, foster family home, maternity home, or other similar community care facility for which regulation is pre-empted by State law. GARAGE. Either an accessory building not connected to the living unit or that portion of the living unit designated and set aside for automobile parking, fully enclosed on all sides by a roof and either walls or fully glazed. openings, and shall include a door or doors suitably hinged so that the entrance opening may be maintained in a closed or open condition at any time. -4- GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. GROSS FLOOR AREA. Tfhe area of all floors within the walls of a structure except elevator and other vertical shafts (including stairwells) and elevator equipment areas." GROSS LEASABLE AREA. The total floor area designed for tenant occupancy and exclusive use, and includes both owned and leased areas. HOME OCCUPATION. Any commercial use conducted within a dwelling unit. HOTEL. Any building in which six (6) or more guest roans exist where lodging, with or without meals, is provided for compensation, and where no provision is made for cooking in an individual room or suite. LOT. (a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the subdivision map act and applicable local ordinances. (b) A parcel of real property when shown on a record of survey map or deed filed in the office of the county recorder, when such map or deed was filed -5- as the result of and was made a condition of a lot division approved under the authority of prior ordinances. LOT, DEPTH. The average of the horizontal distance between the front and the rear lot lines measured from the buildable lot area. LOT, WIDTH. The horizontal distance betrween the side lot lines measured at right angles to the lot depth at the building setback line. NCNCCNFORMING USE, STRUCTURE, OR DEVELOPMENT. Any use, structure or development which was legally established but which no longer conforms to the regulations of the district in which it is located because of rezone of the site or amendment of the regulations concerning the zone . OPEN SPACE. Land areas not occupied by buildings, structures, parking areas, streets, driveways or alleys. open space shall not include upper floor decks and/or balconies. PARCEL. Same as lot. PARCEL AREA. The gross parcel size less the area occupied by or dedicated for adjacent public rights-of-way. PROPERTY LINE. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. PROPERTY LINE, FRCNT. The narrowest property line of a lot abutting a public or private street. If two or more equal property lines are narrowest, the front shall be that property line across which the development takes its primary access. How- ever, for commercially zoned property, any property abutting a public street designated as a secondary, primary or major street on the Master Plan of Highways shall be deemed a front property line. A commercially zoned property shall have more than one front property line when it abuts more than one street designated as secondary, primary, or major on the Master Plan of Highways. PROPERTY LINE, REAR. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line. PROPERTY LINE, ULTIMATE. The boundary of the parcel after the dedication of land for use as public rights-of-way. STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall con- stitute a story. If the finished floor level directly above the basement or cellar is more than an average of four ( 4 ) feet above finish grade, such basement or cellar shall be considered a story. STRUCTURE. Anything, including a building, located on the ground in a permanent loca- tion or attached to something having a permanent location on the ground. UNDERROOF. All of the area within the walls of the building that a roof covers. Areas under porches, roof overhangs, garage protrusions, breezeways and other sim- -7- ilar architectural design features are not considered herein as underroof. YARD. Any open space on a lot unoccupied and unobstructed from the ground up- ward, except an inside court. YARD, FRONT. The yard between the front line of a building and the front line of the lot upon which the building is located. The yard extending from the extreme rear line of the main building to the rear lot line on which the building is situated. YARD, SIDE. The yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard or rear lot line, between the side lot line and the nearest wall of the main building or of any accessory structure attached thereto. 3. Amend Section 13-126(C)(8) to read: "Home occupations that cannot be issued Hone Occupation Permits because they generate some traffic; provided, however, that such hone occupations do not involve more than one client or customer at a time nor more than eight (8) clients or customers per day." 4. Amend Section 13-128(1) to read: "Front yard - Twenty (20) feet from the ultimate front property line." 5. Amend Section 13-129(7) to read: "CORNER LOTS. (a) No detached accessory structure shall be constructed closer to the side property line adjacent to the street than the main structure on the same lot. (b) 4ere the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot furthest frau the side street. (c) dere the rear property line of a corner lot abuts a public or private street, no detached accessory structure shall be erected except on the rear quarter of the lot furthest from the side street." 6. Amend Section 13-136 to read: "USES. A. Uses permitted: 1. Uses permitted in the R1 zone. 2. One dwelling unit for each three thousand (3,000) sq.ft. of land remaining after all required dedications have been made; fractions equal to or greater than 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. B. Accessory Uses Permitted: 1. Accessory Uses permitted in the R1 acne. C. Uses which may be permitted by Conditional Use Permit: the R1 zone. 1. Uses which may be permitted by Conditional Use Permit in 2. renting of rooms and/or providing of table board for more than three (3) paying guests. D. Uses expressly prohibited: 1. All nonresidential uses except those listed above." 7. Amend the title of Article 8 1/2, Chapter II, Title 13 to read: "Additional Property Development Standards for R2, R3 and R4 Multiple -family Residential Districts." 8. Amend Section 13-148 to read: "USES. A. Uses permitted: 1. Uses permitted in the R2 zone. 2.. one dwelling unit for each two thousand (2,000) sq.ft. of land remaining after all required dedications have been made. Fractions equal to or greater than one-half. (0.5) may be rounded up, provided, however, that the total number of twits may never exceed that allowed by the City of Costa Mesa General Plan. B. Accessory Uses Permitted: 1. Accessory Uses permitted in the.R2 zone. C. Uses which may be permitted by Conditional Use Permit: 1. Uses which may be permitted by Conditional Use Permit in the R2 zone. D. Uses expressly prohibited: 1. All nonresidential uses except those listed above." 9. Amend Section 13-174 to read: "USES. A. Uses permitted: 1. Uses permitted in the R3 zone. 2. Cne dwelling unit for each one thousand five hundred (1,500) sq.ft. of land remaining after all required dedications have been made. Fractions equal to or greater than one-half (0.5) may be rounded up, provided, however, that the total number of units may never exceed -10- that allowed by the City of Costa Mesa General Plan. B. Accessory Uses Permitted: 1. Accessory Uses permitted in the R3 zone. C. Uses which may be permitted by Conditional Use Permit: 1. Uses which may be permitted by Conditional Use Permit in the R3 zone. D. Uses expressly prohibited: 1. All nonresidential uses except those listed above." 10. Amend Section 13-176(1) to read: "Front yard - Mn (10) feet from the ultimate front property line." 11. Amend Section 13-416.1 to read: "Method of classification. The City of Costa Mesa hereby adopts the Standard Industrial Clas- sification (SIC) Manual and the Standard Industrial Codes, 1972, as prepared by the Executive Office of the President, Office of Management and Budget, as the method of classifying and defining permitted industrial uses within the MG and MP zones. Any subsequent amendments to said Codes or Standards may be hereafter adopted by the City from time to time. A copy of the Standard Industrial Codes shall be available frau the Planning Division. Any applicant for a use within an industrial zone shall provide such information as is deemed necessary by the Development Services Dir- ector in order to determine the standard industrial classification Code. The assignment of the appropriate SIC code shall determine the proper zone for the intended use. The determination of the Development Services Director as to the proper clasification of any use under said SIC designation shall be final, subject to appeal as provided in this Code." -11- 12. Amend Section 416.2 to read: "Applications of SIC Codes. Permitted uses and conditional uses in the MG or NP zone shall be listed according to SIC code title and code number. The code title used may be either major group title, group title, or industry title. Code numbers used may be either major group number (two -digit), group number (three -digit), or industry number (four --digit). If a two- or three -digit code number is listed as a permitted or conditional use in a specified zone, any code number beginning with the same first two (2) or three (3) digits shall be a permitted or conditional use in said zone." 13. Amend Section 13-420(d) to read: "Lot Size: Minimum lot sizas shall be as follows: District Size MG 10,000 square feet MP 30,000 square feet 14. Amend Section 13-420(e) to read: "Lot Coverage: Maximum lot coverage by buildings shall be as follows: District Coverage MG 50% MP 45V 15. Amend Section 13-420(f) to read: "Setbacks MG Zone: Minimum setbacks from the ultimate property line shall be: (1) Front - Tbn (10) feet; (2) Front adjacent to residentially zoned property on either side- Ttaenty ( 20 ) feet; -12- (3) Front and side on a public right-of-way for a corner lot - Fifteen (15) feet; (4) Side or rear adjacent to residentially zoned property - Two (2) times the height of the nearest industrial structure on the site, adjacent to the residential zone; (5) Side or rear, adjacent to other than residentially zoned property - zero (0) feet; (6) Rear adjacent to a public right-of-way - Ten (10) feet." 16. Renumber Sections 13-420(g), (h) and (i) to 13-420(h), (i) and (j) respectively. 17. Insert new Section 13-420(g) as follows: "Setbacks MP Zone: Minimum setbacks from the ultimate property line shall be: (1) Front, side or rear adjacent to a public right-of-way - Twenty (20) feet; (2) Side or rear, adjacent to residentially zoned property - Two (2) times the height of the nearest industrial structure on the site, adjacent to the residential zone; (3) Side, adjacent to other than residentially zoned property - Tbn (10) feet; (4) Rear, adjacent to other than residentially zoned property - Zero (0) feet. 18. Amend the first paragraph of Section 13-420.1 to read: "Any construction of improvements on real property located in an MG or MP zone shall be submitted to the Development Services Department for review according to the following procedures and subject to the following criteria:" 19. Amend Section 13-544 to read: -13- Applicability. The provisions of this article shall apply to the R1, R1 -W, R2, R3, R4, PDR -LD, PDR -MD, and PDR -HD and PDR -UC zones and to the residential portions of developments in the PDC and PDI zones. 20. Amend Sections 13-545(a)(1) and 13-545(b) by deleting references to the Rl-E zone. 21. Amend Section 13-546(j), 13-559(h), 13-565(h) to read: "RAMP SLOPES. Ramp slopes shall conform to "City of Costa Mesa Ramp Slope- Standards" lopsStandards" which are included herein as Exhibit A and which may be amended from time to time by resolution of the City Council following receipt of the report and recommendations of the Planning Commission and upon a duly noticed public hearing." 22. Amend Section 13-565(a) to read: "Driveways. All driveways in the MG, MP, and PDI zones shall be at least twenty (20) feet wide." 23. Amend Chapter X, Article 1 to read: "ARTICLE 1. HOME OCCUPATICNS Sec. 13-740. INTENT AND PURPOSE. The City Council of the City of Costa Mesa hereby finds and declares that the residential use of residentially zoned property is the primary use thereof. That subject to regulation and control, said property may have a secondary use of a business or commercial nature so long as said secondary use is compatible with a residential environment. Sec. 13-741. PERMIT REQUIRED. No person shall engage in a home occupation, as defined in this title, within any residentially zoned area of the City without first applying for and securing a permit for same. No business license shall be issued until -14- a home occupation permit has been approved and issued. Sec. 13-742. APPLICATION PROCEDURES. (1) Applications for home occupation permits shall be filed with the Development Services Department on forms provided and must be accompanied by an application for a business license for the work anticipated and the required fee. (2) The Development Services Department shall review all such permit applications within four (4) days of proper filing thereof to determine compliance with the purpose and intent of this Article and the standards set forth herein. The Development Services Department may require addi- tional information frau the applicant in order to make such determination. (3) The Development Services Department shall approve, approve with modifications, or deny any such application for a permit, based upon deter- mination in accordance with the standards set forth herein. Sec. 13-743. PERMIT FEE. (1) A single permit fee of ten dollars ($10.00) shall be paid for each home occupation permit applied for. Thereafter, fees due, if any, shall be under the business license provisions of this Code. (2) Any home occupation permit issued hereunder shall remain valid until revoked and shall not be transferred, assigned or used by any person other than the original permittee, nor shall such permit authorize any hone occupation at any location other than the designated one for which the permit was issued. Sec. 13-744. EVALUATION STANDARDS. The Development Services Department shall apply the following standards in evaluating each application for a home occupation permit to determine -15- if the anticipated home occupation may be allowed; (1) 'There shall be no employment of persons other than permanent residents of the premises. (2) There shall be no -direct sale of products, either wholesale or retail on the premises. (3) No more than one roan in the dwelling may be used for the home occupa- tion. (4) No building or space outside of the main building shall be used for a hcine occupation. No garage, attached or detached, shall be used for the home occupation. Storage of necessary supplies or equipment used in the home occupation may be permitted in a garage if said storage does not diminish the usable parking space in the garage. (5) There shall be no use of utilities or ccmmunity facilities beyond that normal to the residential use of the property. (6) No use of material or mechanized equipment not recognized as being associated with a normal household use or hobby is permitted. (7) The structure or appearance of the exterior of the dwelling shall not be altered or remodeled for home occupational purposes either by color, materials, construction, lighting, or in any other way. No part of the interior of the structure shall be remodeled for have occupation purposes other than the interior of the roan where the hone occupation is being conducted. (8) No signs shall be displayed in connection with the home occupation, and there shall be no advertising using the hone address, with the exception of advertising in the telephone directory. (9) The home occupation shall not involve the use of cc(miercial vehicles for delivery of materials to or from the premises, other than a vehicle -16- of no more than one ton capacity, owned by the operator of the hone occupation, which shall be stored in an entirely enclosed garage. The storage of equipment such as trailers, tractors, trucks in excess of one ton, wheeled construction equipment, etc. is not permitted. (10) The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the district or neighborhood where it is located. (11) The home occupation shall not result in or generate parking or stor- ing of commercial vehicles on public streets. As used herein, commer- cial vehicles are those so defined in the California Vehicle Code and, in addition, shall include construction equipment and any other mobile paraphernalia used in connection with the home occupation. Sec. 13-745. REVOCATION AND APPEAL PROCEDURE. (a) Any hone occupation permit may be revoked by the Development Services Department at any time after its issuance; provided, that the Development Services Department shall notify the permittee, in writing, of the decision to revoke the permit, stating the reasons for the action and referring to the appeal procedures prescribed elsewhere in this Code. The existence of any one or more of the following factors shall be sufficient grounds for revocation of said permit: (1) That any requirement set forth in the "evaluation standards" section of this article is being violated; (2) That the use has becom detrimental to the public health or safety, or is deemed to constitute a nuisance; (3) That the permit was obtained by misrepresentation; (4) That the use for which the permit was granted has ceased or has been suspended for six (6) consecutive months or more; -17- (5) That the conditions of the premises, or of the district of which it is a part, have changed so that the use may no longer be justified under the meaning and intent of this article. (b) Any aggrieved person may appeal the decision of the Development Services Department regarding an application for revocation for said permit pursuant to procedures prescribed elsewhere in this Code." 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. MUM PASSED AND ADOPTED this 15th day.of July, 1985. ATTEST: City Clerk of the City of Costa sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 0 the City Of AP VED AS TO FO M 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. 85-21 was introduced and considered section by section at a regular meeting of said City Council held on the 1st day of July, 1985, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 15th day of July, 1985, by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None IN WITNESS %HEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa -this 16th day of July, 1985. City Clerk and ex -officio Clerk of City Council of the City of Costa - 19 -