HomeMy WebLinkAbout05-02 - Public Notice Requirements and Various Permit ProcessesORDINANCE NO. 05-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA AMENDING THE ZONING CODE TO MODIFY THE
LAND USE MATRIX, PUBLIC NOTICE REQUIREMENTS, AND
VARIOUS PERMIT PROCESSES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Title 13 of the Costa Mesa Municipal Code is hereby amended to read as
follows:
a. Amend Section 13-28(e)(1), (2), and (5) to read as follows:
"(e) Development review. The following shall be subject to development review:
M Single -story residential construction: In the R2 -MD, R2 -HD, and R3 zones, any
single -story construction of 2 or fewer new single -story dwelling units.
Exception: New single -story accessory buildings, such as garages or carports,
single -story room additions, and other minor construction that comply with all
applicable development standards shall not be subject to development review
but shall be reviewed by the Planning Division.
(2) Two-story residential construction: In the R2 -MD, R2 -HD, and R3 zones, any
two-story construction on a lot where there are 2 or fewer dwelling units or any
second -story addition on a lot with more than 2 dwelling units that complies with
any residential design guidelines adopted by City Council.
(5) Lot line adjustment; and"
b. Amend 13-28(g)(1) through (g)(2) to read as follows:
"(g) Master plan. Prior to development in the Planned Development (PD), Town Center (TC),
Shopping Center (C1 -S), and both Institutional and Recreational (I&R and I&R-S) zoning
districts, a master plan is required. Preliminary master plans are required in the TC zone,
are optional in PD zones, and are not required in C1 -S, I&R-S, and I&R zones.
(1) Minor changes: Minor changes in the location, siting or character of buildings and structures
may be authorized by the Planning Division if required by the final engineering or other
circumstances not foreseen at the time the master plan was approved. No change
authorized under this section may cause any of the following:
a. A change in the use or character of the development;
b. An increase in the overall density or floor area ratio of the development;
C. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility
networks; or
g. A reduction in required street pavement widths.
(2) Maior amendments: Substantial amendments to the master plan encompassing one or
more of the minor changes listed in subparagraphs (1a) through (1g), or any proposed
change determined by the Development Services Director as a major amendment, shall
be subject to review and approval by the Zoning Administrator. Furthermore, if the major
amendment results in an overall building square footage that exceeds the maximum
density or building square footage allowed by the approved master plan, the Zoning
Administrator must find that the major amendment is consistent with the density, floor
area ratio, and trip budget standards established by the General Plan, as applicable.
c. Amend Section 13-28(1)(1) to read as follows:
'T Minor design review. The following shall be subject to minor design review.
(1) Two-story residential construction that does not comply with any residential design
guidelines adopted by the City Council in the following zones:
(a) RI zone: Any two-story construction or second -floor addition; and
(b) R2 -MD, R2 -HD, and R3 zones: Any two-story construction on a lot that results in 2
or fewer dwelling units or any second -story addition on a lot with more than 2
dwelling units."
d. Amend the following row of Table 13-29(c) to read as follows:
TABLE 13-29(c)
PLANNING APPLICATION.REVIEW PROCESS
PUBLIC
PUBLIC
FINAL
NOTICE OF
NOTICE
HEARING
RECOMMENDING
REVIEW
DECISION
PLANNING APPLICATIONS
REQUIRED
' REQUIRED
AUTHORITY' . ,
AUTHORITY
REQUIRED
Lot Line Adjustment
No
No
None
Planning
No
Division
e. Amend Section 13-29(d)(1) to read as follows:
"(1) Mailed notice required. Notices of the hearing shall be mailed to all property owners within a
500 -foot radius of the project site, except for applications for the construction of a building(s)
150 feet or more in height; these applications shall require a greater notice radius:
Building Height in Feet Notice Requirement
More than 150 and less than or equal to 225 700 -foot radius
More than 225 and less than or equal to 300 900 -foot radius
More than 300 1,100 -foot radius"
f. Amend certain rows of Table 13-30 to read as shown in Attachment A.
g. Amend the following row of Table 13-44 to read as follows:
"TABLE 1344
COMMERCIAL PROPERTY DEVELOPMENT STANDARDS
DEVELOPMENT, STANDARDS
P
AP
CU
Cl
I C2
CI -S
TC
Master Plan
Not required
Required- The final review authority is the
Planning Commission (see CHAPTER III
PLANNING APPLICATIONS).
h. Amend Section 13-56 to read as follows:
"Sec. 13-56. MASTER PLAN REQUIRED
All development proposed in the Planned Development districts requires approval of a master plan
pursuant to CHAPTER III PLANNING APPLICATIONS. The final review authority for the master
plan shall be the Planning Commission."
Amend Section 13-56(b) to read as follows:
"(b)Amendments to the master plan.
(1) Minor changes: Minor changes in the location, siting or character of buildings and structures
may be authorized by the Planning Division if required by engineering specifications or other
circumstances not foreseen at the time the master plan was approved. No change
authorized under this section may cause any of the following:
a. A change in the use of character of the development;
b. An increase in the overall density of the development;
C. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility
networks; or
g. A reduction in required street pavement widths.
(2) Maior amendments. Substantial amendments to the master plan encompassing one or
more of the minor changes listed in subparagraphs (1a) through (1g), or any other
proposed change determined by the Development Services Director as a major
amendment, shall be subject to review and approval by the Zoning Administrator.
Furthermore, if the major amendment results in an overall building square footage that
exceeds the maximum density or building square footage allowed by the approved master
plan, the Zoning Administrator must find that the major amendment is consistent with the
density, floor area ratio, and trip budget standards established by the General Plan, as
applicable.
Section 2. Environmental Determination. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's environmental procedures, and has been found to be
exempt.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. Publication. 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 NEWPORT BEACH/COSTA MESA
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 and member of the City Council voting for and
against the same.
4
PASSED AND ADOPTED this 22fndday of February , 2005
ATTEST:
Deputy4tity Clerk of the City of Costa Mesa
Mayor
APPROVED AS TO FORM:
ity Attorney
I, Julie Folcik, Deputy 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. 05-2 was
introduced and considered section by section at a regular meeting of said City Council
held on the 7th day of February, 2005, and thereafter passed and adopted as a whole
at a regular meeting of said City Council held on the 22ndday of February ,
2005, by the following roll call vote:
AYES: Mansoor, Monahan, Bever., Dixon
NOES: None
ABSENT: Foley
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 23rd day of February , 2005.
Depufy, City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa
r
ATTACHMENT A
TABLE 13-30
CITY OF COSTA MESA LAND USEMATRIX
Z O N
E S
LAND USES
R
R.
R
R
A
C'
'C
C
C
T
M,
M
P
P
P
P,
P
P
I
I
P
1
2
2;
3-"P"
L�,�
1
2
1
C�
G
P
D
D
D
D
D
D
&
&
M
H'
$'.
R
R
R
R
C
I'
R'
R
_
p
p
L
M
H
N
S
D'
D
D
C
1
M
RESIDENTIAL USES
21. Home occupations (subject to the
P2
P2
P2
P2
P2,
P2
P2
P2
P2
P2,
P2.
P2,
P2
P2
P2
P2
P2
P2,
P2
requirements of CHAPTER IX, ARTICLE 6, HOME
3
3
3
.3
3
3
3
3
,3
3
OCCUPATIONS
22. Home occupations that generate traffic
M
M
M
M
MC
M
M
M
M
M
M
M
MC
M
M
M
M
M
M
and do not involve more than one
C
C2
C2
C2
2,3
C2
C2
C2
C2
C2,
C2,
C2
2
C2
C2
C2
C2
C2,
C2,
customer/client at a time or more than 8
2
,3
3
.3
3
3
3
,3
3
3
3
customers/clients per day (subject to the
requirements of CHAPTER IX, ARTICLE 6, HOME
OCCUPATIONS
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; • - Prohibited
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O N
E S
LAND USES
R
R
R
R
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
P
L
1
2
1
C'
G
P
D
D
D
D
D
D
&
&
M
H
S'
R
R
R
R
C
I'
R'
R
D
D
L
M
H
N
S
D'
D
D
C
1
1
M
1
COMMERCIAL AND INDUSTRIAL USES
45. Ambulance services
6
0
a
.
MC
M
M
M
M
M
M
M
0
a
0
0
M
M
C
C
C
C
C
C
C
C
C
48a. Antique malls
a
0
.
0
P
P
P
M
M
0
0
0
0
P
M
C
C
C
52. Banks; Savings and Loans; and other
0
0
0
0
P
P
P
P
P
P
a
0
0P
P
P
P
P
Financial institutions
54. Barber and beauty shops
0
0
a
0
a
P
P
P
P
P
0
a
a
P
P
P
P
P
59. Reserved
60. Building supplies; Hardware stores (retail)
9
e
9
9
e
0
P
P
P
0
0
0
0
P
P
P
P
65. Coffee roasting
a
0
0
a
.
.
0
M
M
C
C
67. Commercial art; Graphic design
0
0
0
0
P
P
P
P
P
P
P
P
0
P
P
72. Department stores (retail)
P
P
P
P
P
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; 9 - Prohibited
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O
N
E S
LAND USES
R
R
R
R
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
P
L
1
2
1
C1
G
P
D
D
D
D
D
D
&
&
M
H
S1
R
R
R
R
C
11
R1
R
D
D
L
M
H
N'
S
D1
D
D
C
1
1
1
M
1
73. Electronic game machines (4 or more),
.
.
M
M
M
M
M
M
M
M
M
M
M
M
incidental to the primary use, (subject to the
C
C
Cz
C
C
C
CZ
C
C
C
CZ
C
requirements of CHAPTER IX, ARTICLE 5,
ELECTRONIC GAME MACHINES)—Excluding
Amusement centers listed separately
79. Furniture repair and refinishing with
0
P
P
P
P
P
P
incidental sales
80. Grocery stores - See also Supermarkets;
0
0
a
0
0
0
P
P
P
P
0
0
M
M
M
M
Excluding Convenience stores; and Liquor
C
C
C
C
stores listed separately
83. Hotels- - Excluding Motels listed separately
.
0
0
0
0
0
C
C
C
P
0
0
0
C
C
C
P
84. Landscape services (installation and
0
0
0
0
0
M
M
P
P
P
P
0
P
maintenance)
C
C
85. Laundry, cleaning and garment services,
0
0
a
0
a
P
P
P
P
P
P
P
0
P
P
P
P
P
including plants
95. Medical laboratories
a
0
0
0
MC
M
P
P
P
P
M
M
0
M
M
C
C
C
C
C
97. Motels- (subject to requirements of CHAPTER
.
0
.
.
.
.
CZ
CZ
.
.
.
IX, ARTICLE 8, MOTELS)
Excluding Hotels listed separately
98. Motion picture and television studios
0
0
.
.
C
C
C
C
.
P
P
.
P
P
110. Offices: Engineering; Architectural; and
0
0
0
P
P
P
P
P
P
P
P
M
M
M
P
P
Surveying services; Management; Consulting
C
C
C
and public relations
9
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; 9 - Prohibited
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O N
E S
LAND USES
R.
R
R
R
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
P
L
1
2
1
C'
G
P
D
D
D
D
D
D
&
&
M
H
S'
R
R
R
R
C
I'
R'
R
D
D
L
M
H
N
S
D'
D
D
C
1
'
'
M
1
111. Offices: General
P
P
P
P
P
P
M
M
0
M
M
M
P
P
C
C
C
C
C
112. Reserved
113. Offices: Medical and dental
P
P
P
P
P
P
0
M
M
M
P
M
M
C
C
C
C
C
122. Photography: Commercial
P
P
P
P
P
P
M
M
0
P
M
C
C
C
125. Printing and publishing
M
P
M
M
P
P
0
P
P
C
C
C
126. Recording studios
M
M
M
M
M
0
M
M
C
C
C
C
C
C
C
130. Retail: General - Excluding Antique malls,
.
0
0
0
0
P
P
P
P
P
0
P
P
P
P
P
Pawn shops, Supermarkets, Grocery stores,
Convenience stores; and Liquor Stores listed
separately
139. Storage of motor vehicles- outdoor (not
0
0
0
a
0
0
C
C
C
0
M
M
0
0
0
0
C
M
including impound and)
I
C
C
C
139a. Storage of motor vehicles- indoor only
0
0
a
0
0
0
P
P
P
a
P
P
0
0
0
0
P
P
not including impound and
142. Studios: Dance; Martial arts; Music, etc.
0
0
.
0
0
0
P
P
P
M
M
M
M
M
M
P
M
C
C
C
C
C
C
C
143. Supermarkets - See also Grocery stores
0
a
0
a
0
0
P
P
P
P
M
M
M
M
C
C
C
C
10
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be
allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor
Conditional Use Permit; P - Permitted; 9 - Prohibited