HomeMy WebLinkAbout89-08 Regarding Residential Rear Yard Setback, Open Space Definition and Accessory Structure HeightORDINANCE NO. 89-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, REGARDING
RESIDENTIAL REAR YARD SETBACK, OPEN SPACE
DEFINITION AND ACCESSORY STRUCTURE HEIGHT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council finds and declares as follows:
a. The current rear yard setback standard is difficult for
citizens to readily understand, and it does not guarantee
that a usable open space area will result on each lot.
b. Accessory structures that maintain main structure setback
should not be restricted to a lesser height than that
allowed for main structures.
C. Usable open space is better if provided outside of the
rear yard for residential property which backs up to a
publicly dedicated alley.
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 13-40. Definitions to read.as follows:
Open Space. Land areas not occupied by buildings,
structures, parking areas, streets, driveways or alleys,
not covered more than 5 feet in depth by projections
which are at least 8 feet above grade; and first floor
decks and/or unenclosed patios with solid or lattice
roofs. Open space shall not include upper floor decks
and/or balconies or areas under projections which are
less than 8 feet above grade.
2. Amend Section 13-127. Property development standards by
adding 5. to read as follows:
Minimum open space - forty (40) percent of the total
parcel area shall be reserved as open space.
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3. Amend Section 13-128.4. Yard area required to read as
follows:
Rear yard
a) Twenty (2 0) feet, except that a main structure which
does not exceed one story or 15 feet in height may
extend to within ten (10).feet of the rear property
line. The single story development within the rear
.yard shall not exceed an area equal to 25% of the
rear yard area measured from side property line to
side property line.
b) If the rear yard is adjacent to a publicly dedicated
alley, the rear yard setback shall be five ( 5 ) feet.
4. Amend Section 13-129.4.. Accessory buildings and
structures to read as follows:
Accessory buildings which do not exceed six and one-half
(6-1/2) feet in height, may be constructed to zero (0)
feet from side or rear property lines.
5. Amend Section 13-129.6. to read as follows:
Accessory structures exceeding six and one-half (6-1/2)
feet in height shall comply with height limitations.and
setbacks for main structures. Existing structures or
buildings not in compliance with these provisions on the
effective date hereof may remain unless destroyed,
damaged, or altered (by any means or cause) to the extent
of more than fifty (50) percent of its value, then, the
reconstruction thereof shall conform to the provisions
herein.
6. Amend Section 13-139. Accessory buildings and structures
to read as follows:
Same as R1 (see section 13-129) except that one story
accessory buildings which do not exceed fifteen (15) feet
in height, may be constructed to zero (0) feet from side
or rear property lines.
7. Amend Section 13-150.3. Yard area required to read as
follows:
Rear yard
a) Ten (10) feet, except that a main structure which
exceeds one story or fifteen (15) feet in height
shall be setback fifteen (15) feet.
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b) If the rear yard is adjacent to a publicly dedicated
alley,'the rear setback shall be five (5) feet.
8. Amend Section 13-176.4 Yard area required to read as
follows:
Rear yard
a) Ten (10) feet.
b) If the rear yard is adjacent to a publicly dedicated
alley, the rear setback shall be five (5) feet.
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.
3�? .
PASSED AND ADOPTED this day of 1997.
ATTEST:
C y Clerk of the City of
Costa Mesa
APPROVED AS TO FORM:
-719,J-54
City A torney
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Mayor of the O#y of Costa Mesa
F
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. $�%- g was introduced and
considered section by sec on at a r %lar m eting of said Cit
Council held on the a 0 day of a16-. , 19$?, and
thereafter passed and adopted as a whole t a.regular meetinP of
said Council held on the 3� day of , 19 85', by
the following roll call vote:
AYES: COUNCIL MEMBERS: t .
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:-!
IN WITNESS WHEREOF, I have hereby t my hand and affixed the
Seof the City of Costa Mesa this day of ,
19a
City Clerk and ex -officio Cler
--- _ _ of the City Council of the Ci
of Costa Mesa
(898.ORD)
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