HomeMy WebLinkAbout88-15 Administrative Adjustment Procedures and to Delegate Certain Planning Actions to the Zoning AdministratorORDINANCE NO. 88-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING TITLES 13 AND 17 OF THE
CITY OF COSTA MESA MUNICIPAL CODE TO ESTABLISH
ADMINISTRATIVE ADJUSTMENT PROCEDURES AND TO
DELEGATE CERTAIN PLANNING ACTIONS TO THE
ZONING ADMINISTRATOR.
SECTION 1.
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THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDS AND DECLARES
AS FOLLOWS:
1. California Code Section 65900 et. sect of the Planning and
Zoning Law enables the City to establish procedures and
authority for the Zoning Administrator; and
2. Presently the Costa Mesa Municipal Code limits the
authority of the Zoning Administrator and does not
contain provisions for the consideration of
administrative adjustments; and
3. By delegating certain planning actions and authority to
the Zoning Administrator would result in process
efficiencies while maintaining consistency in the
administration and the legislative intent of the Costa
Mesa Municipal Code and the California Government Code.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Titles 13 and 17 of the Costa Mesa Municipal Code as
follows:
SECTION 2.
Article 7, Section 13-126 Uses.
Section 13-126(c) is amended to read as follows:
(c) Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Schools.
2. Nursery schools.
3. Churches.
4. Country clubs and golf courses.
5. Libraries.
6. Civic and community clubs.
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7. Publicly owned facilities such as courthouses, fire
stations, etc.
8. Home occupations that cannot be issued home occupation
permits because they generate some traffic may be allowed
by a minor conditional use permit; provided, however,
that such home occupations do not involve more than one
(1) client or customer at a time nor more than eight (8)
clients or customers per day.
9. Accessory apartments may be allowed by the Zoning
Administrator by a minor conditional use permit when they
meet the criteria set forth in Section 13-131.
10. Granny units as defined in California Government Code
Section 65852:1.
Article 7, Section 13-131 Accessory Apartments.
Section 13-131 is amended to read as follows:
Accessory apartments may be approved as a minor conditional
use permit. Accessory apartments shall meet the criteria
specified in Section 65852.2 of the California Government Code
and the following criteria:
Article 8, Section 13-136 Uses.
Section 13-136(c) is amended to read as follows:
(c) Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Uses which may be permitted by conditional use permit in
the R1 zone with the exception of granny units.
2. Renting of rooms and/or providing of table board for more
than three (3) paying guests.
Article 8-1/2, Section 13-141 Utility Requirements.
Section 13-141 is amended to:
Replace the term "Planning Commission" with "Zoning
Administrator".
Article 9, Section 13-148 Uses.
Section 13-148(c) is amended to read:
(c) Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Uses which may be permitted by conditional use permit in
the R2 zone.
Article 11, Section 13-174 Uses.
Section 13-174(c) is amended to read:
(c) Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
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1. Uses which may be permitted by conditional use permit in
the R3 zone.
Article 12, Section 13-186 Conditional Uses.
Section 13-186 is hereby amended to read:
Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Exhibit halls.
2. Medical laboratories.
3. Morticians, undertakers, and funeral homes.
4. Photographers and photographic studios.
Article 13, Section 13-198 Conditional Uses.
Section 13-198 is hereby amended to read:
Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Service stations.
2. Automotive repair and service.
3. Establishments where food or beverages are served (within
two hundred (200) feet of a residential zone) including
outdoor seating for such establishments.
4. Theaters (within two hundred (200) feet of a residential
zone) .
5. Health clubs and spas.
6. Adult entertainment businesses.
7. Additional commercial uses not provided for as a
permitted use may be considered for approval as a
conditional use according to the procedures set forth in
this Code.
8. Buildings in excess of two (2) stories or thirty (30)
feet. (Ord. No. 78-25, Sec. 2, 5-15-78; Ord. No. 84-32,
Sec. 2, 8-6-84; Ord. No. 85-17, Sec. 2, 6-17-85)
Article 14, Section 13-209 Conditional Uses.
Section 13-209 is amended to read as follows:
Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Motels and hotels.
2. Auditoriums.
3. Dry cleaning plants.
4. Health and sports clubs
5. Automotive, motorcycle,
sales and service).
6. Service clubs engaged in
primarily for profit.
7. Service stations
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and spas.
and boat dealerships (including
public service and not operated
8. Retail nurseries (no bulk fertilizer storage).
9. Preschools, daycare centers, nursing homes and
convalescent hospitals.
10. Establishments where food or beverages are served (within
two hundred (200) feet of a residential zone) including
outdoor seating for such establishments.
11. Theatres (within two hundred (200) feet of a residential
zone).
12. Adult entertainment businesses.
13. Other commercial uses not provided for as a permitted use
may be considered for approval as a conditional use,
according to the provisions set forth in this title.
14. Buildings in excess of two (2) stories or thirty (30)
feet. (Ord. No. 78-25, Sec. 2, 5-15-78; Ord. No. 80-18,
Sec. 2, 8-18-80; Ord. No. 81-20, Sec. 2(1), 11-16-81;
Ord. No. 84-23, Sec. 2(1), 6-18-84; Ord. No. 84-32, Sec.
2, 8-6-84; Ord. No. 85-17, Sec. 2(5), 1-20-86)
Article 15, Section 13-223 Conditional Uses.
Section 13-223 is amended to read as follows:
Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. All conditional uses in the local business (Cl) district.
2. Lumber yards.
3. Automotive body and paint shops.
4. Public gymnasiums, skating rinks, sports clubs and
amusement centers.
5. Automotive repair.
6. Automotive, motorcycle and boat dealerships (sales and
service). (Ord. No. 78-25, Sec. 2, 5-15-78; Ord. No. 80-
18, Sec. 2, 8-18-80; Ord. No. 84-23, Sec. 2(2), 6-18-84;
Ord. No. 84-32, Sec. 2, 8-6-84)
Article 15-112, Section 13-228 Conditional Uses.
Section 13-228 is amended to read:
Uses which may be allowed by conditional use permit. (Unless
otherwise noted in this title, conditional use permits require
approval of the Planning Commission.)
1. Reserved.
2. Other uses which the Planning Commission determines to
be consistent with the standards established in Section
13-229 of this article. (Ord. No. 78-25, Sec. 2, 5-15-
78; Ord. No. 80-18, Sec. 2, 8-18-80; Ord. No. 84-23, Sec.
2(3), 6-18-84)
Article 16, Section 13-234 Utility Requirements.
Section 13-234.1 is amended, to replace the term "Planning
Commission" with the term, "Zoning Administrator".
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Article 22, Section 13-309.
Section 13-309 is established and shall read as follows:
Administrative Adjustments
1. The purpose of this section is to grant authority to
the Zoning Administrator to approve minor deviations from adopted
development standards.
2. In approving an administrative adjustment, the Zoning
Administrator shall take into consideration the following:
a) The deviation requested is for a project -specific
case and is not to be construed to be setting a precedent for
future development.
b) That given its overall merit, a proposed project and
surrounding community can be enhanced by approval of the requested
adjustment.
c) When more than one (1) administrative adjustment is
proposed, the cumulative effect of all the adjustments shall be
considered.
3. In approving an administrative adjustment, the Zoning
Administrator shall make the following findings:
a) That because of special circumstances applicable to
the property, the strict application of development standards
deprives such property of privileges enjoyed by others in the
vicinity under identical zoning classifications.
b) That the adjustment granted shall be subject to such
conditions as will assure that the deviation authorized shall not
constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which
such property is situated.
c) That the granting of the adjustment will not allow
a use, density, or intensity which is not in accordance with the
General Plan designation for the property.
4. For the purpose of this section, an administrative
adjustment is any deviation from an adopted development standard
within this title, that, if granted, would allow one of the
following adjustments. However, no administrative adjustment may
be granted in a Planned Development zoning district.
a) A decrease of not more than 20% of the required width
of a side yard.
b) A decrease of not more than 20% of the required depth
of a front or rear yard provided that garages shall be set back a
minimum of 19 feet from front property line.
c) An increase of not more than 33-1/3% in the permitted
height of a fence or wall.
d) An increase of not more than 10% of the permitted
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projection of steps, stairways, landings, eaves, overhangs, masonry
chimneys, and fireplaces into any required front, rear, side yard
or yard between buildings.
e) An increase of not
height of buildings for districts
exceed 30 feet in height.
f) An increase of not
allowable lot coverage.
more than 10% in the permitted
that do not permit buildings to
more than 10% of the maximum
Article 22, Section 13-313 Antennas
Section 13-313 is hereby amended to read as follows:
Building height limitations shall not apply to antennas which
do not require building permits, nor to satellite antennas.
Vertical antennas in excess of 30 feet in height may be
allowed by a minor conditional use permit. (Ord. No. 85-7,
Sec. 2, 4-1-85; Ord. No. 87-8, Sec. 2, 5-18-87)
Chapter II -1/2, Article 3, Section 13-417.1.
Section 13-417.1(c) Conditional Uses is hereby amended to read as
follows:
(c) Conditional Uses:
Uses which may be allowed by conditional use permit. (Unless
otherwise noted in title, conditional use permits require
approval of the Planning Commission.)
1. Reserved.
2. Eating places providing on-site seating for more than 12
persons.
3. Welding repair.
4. Outdoor storage - As an appurtenant or incidental use.
5. Recording studios.
6. Automotive repair shop within two hundred (200) feet of
a residential zone.
7. Additional uses not provided for as a permitted or
accessory use may be considered for approval as a
conditional use. (Ord. No. 75-52, Sec. 2, 11-17-75; Ord.
No. 78-36, Sec. 2, 9-5-78; Ord. No. 80-15, Sec. 2, 8-4-
80; Ord. No. 83-15, Sec. 2, 6-20-83; Ord. No. 84-23, Sec.
2(4), (5), 6-18-84)
Article 23, Section 13-351 Zoning Administrator.
Section 13-351 is hereby amended to read as follows:
a) The Development Services Director or his designee is
authorized 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, and
grant approvals of administrative adjustments and minor conditional
use permits. Administrative adjustments are defined in Article 22,
Section 13-309 of this title, and minor conditional use permits are
as established elsewhere in this title and/or as may be established
by resolution of the City Council.
c) Application for an administrative adjustment 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) Public notice of proposed administrative adjustments
and minor conditional use permits shall be provided according to
procedures set forth in California Government Code Section 65091
at least ten (10) days prior to the Zoning Administrator's
determination.
e) 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 within
five (5) days of said decision to the City Council, Planning
Commission and to any affected party requesting said notice.
f) Before granting an administrative adjustment, the
Zoning Administrator shall make findings as required by Section 13-
309, and before granting a minor conditional use permit, the Zoning
Administrator shall make findings as required by Section 13-347.
g) The Zoning Administrator may forward any
administrative adjustment or minor conditional use permit to the
Planning Commission for review.
h) Any member of the Planning Commission or City Council
may request review of a decision of the Zoning Administrator within
seven (7) days of the date of the notice of the decision.
i) Appeals of the decisions of the Zoning Administrator
shall be filed within seven (7) days of the date of the notice of
the decision according to procedures set forth in Costa Mesa
Municipal Code Section 2-300 et seq.
j) No building permit or authority to proceed shall be
granted to a development involving an administrative adjustment or
minor conditional use permit until all appeal periods have expired.
(Ord. No. 84-26, Sec. 2(1), 6-18-84)
Section 13-354 Reserved, is hereby amended to read as follows:
Section 13-354 Minor Conditional Use Permits.
1. Conditional use permits or other planning actions for the land
uses listed in this section are hereby classified as minor
conditional use permits.
a. Home occupations requiring conditional use permits.
b. Satellite receiving antennas in residential zones and
nonresidential zones adjacent to residential zones.
C. Vertical antennae in excess of 30 feet in height that
require building permits.
d. Temporary trailer permits.
e. Minor expansions of previously conditionally approved
uses.
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f. Permits for shared driveway access.
g. Accessory apartments or second single-family dwelling
units not including granny units.
h. Lot line adjustments.
i. Recycling centers.
j. Residential density calculation round -up.
k. Ramps which do not meet the Ramp Slope Standards
specified in Section 13-546(j), Section 13-559(h) and
Section 13-565(h).
1. Minor building additions of existing residential
structures with nonconforming setbacks as specified in
Section 13-529(2b).
M. Any such action as may be established by resolution of
the City Council.
Chapter IV. Nonconforming Uses, Section 13-529 Nonconforming
Dwelling Units.
Section 13-529 is hereby amended to include the following:
2.(b) In residential zones where the existing primary
structure, excluding architectural features, projects
into required yard areas, minor building additions may
encroach into required yards with a minor conditional
use permit. However, no nonconforming yard width or
depth may be decreased further, and the building addition
shall comply with all other applicable sections of this
title and other codes.
Chapter V. Off -Street Parking, Article 1, Section 13-546
Development Standards.
Section 13-546 is hereby amended to read as follows:
All parking shall be provided in accordance with the following
development standards:
(a) Width. Driveways providing access to no more than one
dwelling shall be at least ten (10) feet wide. Driveways
providing access to more than one dwelling shall be at
least sixteen (16) feet wide. Driveways providing
straight -in access from a public street to a garage shall
be at least nineteen (19 ) feet long (as measured from the
property line) except in the PDR zones. Shared driveway
access between adjoining properties may be allowed by a
minor conditional use permit.
Article 1, Section 13-559 Development Standards.
Section 13-559(a) is hereby amended to read as follows:
(a) Driveways. All driveways in the AP, CL, C1, C2, C1S, PDC
and TC zones shall be at least twenty (20) feet wide.
Shared driveway access between adjoining properties may
be allowed by a minor conditional use permit.
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Article 1, Section 13-565 Development Standards.
Section 13-565(a) is hereby amended to read as follows:
(a) Driveways. All driveways in the MG, MP, and PDI zones
shall be at least twenty (20) feet wide. Shared driveway
access between adjoining properties may be allowed by a
minor conditional use permit.
Title 17, Section 17-6 Prohibited Use Of Trailers.
Section 17-6(b) is hereby amended as follows:
(b) The temporary use of trailers and/or modular structures
may be allowed by a minor conditional use permit while
permanent facilities are being constructed or remodeled.
Such temporary facilities may be approved for office
and/or storage space in commercial and industrial zones,
or for churches and private schools regardless of
applicable zoning.
Approval shall be limited to a maximum of one year.
However, upon request by the applicant, an extension may
be granted by the Director of Development Services only
if evidence is provided that extraordinary circumstances
prevented the completion of the permanent facilities
within the original one year time period, or if permanent
facilities are near completion.
SECTION 3.
If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the
Ordinance. The City Council hereby declares that it would have
passed this Ordinance and each and every section, subsection,
sentence, clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 4.
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
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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 3rd dCi/orof
Oct -b
the City of Costa Mesa
ATTEST:
p
City Clerk of the City of Co a
Mesa
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. 88-15 was introduced and
considered section by section at a regular meeting of said City
Council held on the 19th day of September, 1988, and thereafter
passed and adopted as a whole at a regular meeting of said City
Council held on the 3rd day of October, 1988, by the following roll
call vote: �A
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:7Ut. %
ABSENT: COUNCIL MEMBERS: X6-7 -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the` -City o:l�,Gosta Mesa this 4th day of October, 1988.
_- C y Clerk and ex -officio Cie
=" of the City Council of the C' y
of Costa Mesa
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