HomeMy WebLinkAbout87-24 Amending Code Relating to Definition of Site Coverage and List of Permitted UsesORDINANCE NO. 87-a,S/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA
MESA MUNICIPAL CODE RELATING TO THE DEFINITION
OF SITE COVERAGE AND THE LIST OF PERMITTED USES
IN THE PLANNED DEVELOPMENT COMMERICIAL ZONE
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 finds and
declares as follows:
1. The City for many years has relied on zoning of Planned
Development (PD) Districts to encourage the utilization of more
imaginative and innovative planning concepts than would be possible
through strict application of the City's traditional zoning regulations;
2. A recent lawsuit, Costa Mesa Residents for Responsible Growth
v. City of Costa Mesa, Orange County Superior Court Case Number 52-54-.
40, challenged the lawfulness of the approval of a project processed
under the City's planned development provisions and alleged, in part,
that the project did not conform to the site coverage standard (governed
by Costa Mesa Municipal Code, Section 13-249(6)) and the list of
permitted uses for the Planned Development Commercial (PDC) zone
(governed by CMMC Section 13-251(2));
3. Since their adoption, these code sections have been
interpreted and applied consistently to a wide variety of properties and
development projects throughout the community in the same manner as they
were applied to the challenged project. For example, projects such as
Metro Pointe, Metro Center, South Coast Corporate Center, South Coast
Executive Center, and The Courtyards, with the same zoning as the
challenged project (i.e. One South Coast Place) have been approved
allowing service establishments to be located in multi -story (office)
buildings;
4. Amendments to these code sections are necessary to remove
misunderstandings as to their meaning shown by the previously -referenced
lawsuit; and
5. The following amendments do not establish new policy but are
declaratory of existing policy and practices.
Accordingly, the City Council of the City of Costa Mesa hereby amends
the Costa Mesa Municipal Code as herein setforth.
SECTION 2.
1. Amend Section 13-249(6) to read as follows:
"(6) Site Coverage: Site coverage is that
portion of the site area within planned
development commercial and industrial
projects occupied by buildings. Site
coverage shall not include parking
structures, surface parking lots,
driveways, plazas or courtyards or
sidewalks."
2. Renumber existing Section 13-249(6) to Section 13-249(7).
3. Amend Section 13-251(2) to read as follows:
"13-251(2) Planned Development Commercial:
(a) Retail shops, offices and service
establishments, including but not limited
to, hotels, restaurants, theaters,
museums, financial institutions, and
health clubs. These uses are intended to
-2-
serve adjacent residential areas, as well
as the entire community and region.
(b) As complementary uses, residential and
industrial uses as well as other commercial
and noncommercial uses of a similar or
supportive nature to the uses noted in
Section 13-251(2)(a) may be allowed if the
City Council approves said uses as
compatible with the planned development
commercial project."
SECTION 3.
This Ordinance shall take effect and be in full force thirty (30)
days from and after 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.
-3-
PASSED AND ADOPTED this day of 987.
ATTEST:
ity Clerk of the City of a of the City of
Costa Mesa 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. was
introduced and considered section by secti at a r gular meeting of
said City Council held on the gl% day of 1987, and
thereafter passed and adopted as a whole at a regular meeting of said
Council held on the day of , 1987, by the following
roll call vote:
AYES: COUNCIL MEMBERS: y�wj
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: 7&* -A 1--
IN WITNESS WHEREOF, I have-lareby set iDy hand pd affixed the Seal
of the City of Costa Mesa this day of 1987.
City Clerk and ex -officio
Clerk of the City Council
of the City of Costa Mesa
-4-