HomeMy WebLinkAbout92-13 Residential Densities and Nonresidential Intensities and Trip BudgetsORDINANCE NO. 92-/.3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13
OF THE COSTA MESA MUNICIPAL CODE REGARDING
RESIDENTIAL DENSITIES AND NONRESIDENTIAL
INTENSITIES AND TRIP BUDGETS.
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:
WHEREAS, the City of Costa Mesa 1990 General Plan was adopted
on March 16, 1992; and
WHEREAS, the 1990 General Plan Land Use Element establishes
new densities limits for residential properties; and
WHEREAS, the 1990 General Plan Land Use Element establishes
intensities limits expressed as Floor Area Ratios (FARs) and trip
budgets for non-residential properties;and
WHEREAS, the City's zoning standards contained within Title 13
need to be consistent with the City's General Plan per the
California Government Code; and
WHEREAS, an initial study was completed and concluded that the
environmental impacts of this ordinance are adequately addressed in
Final Environmental Impact Report (FEIR) #1044 which was certified
on March 16, 1992 for the 1990 General Plan project;
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as follows:
SECTION 2: Section 13-76 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
"Section 13-76. Names of zones.
In order to classify, regulate, restrict and segregate the
uses of land and building, to regulate the height and bulk of
buildings and to regulate the area of yards and other open
spaces about buildings, and to regulate the density of
population, the following classes of zones are established:
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R1 Single -Family Residential District
R2 Multiple -Family Residential District
R3 Multiple -Family Residential District
AP Administrative and Professional District
C1 -S Shopping Center District
C1 Local Business District
C2 General Business District
CL Commercial Limited District
TC Town Center District
P Off -Street Parking District
I&R Institutional and Recreational District
I&R-S Institutional and Recreational --Schools District
PDR -LD Planned Development Residential --Low Density
PDR -MD Planned Development Residential --Medium Density
PDR -HD Planned Development Residential --High Density
PDR -NCM Planned Development Residential --North Costa Mesa
PDC Planned Development Commercial
PDI Planned Development Industrial
MG General Industrial
MP Industrial Park
Properties shown on the zoning map as R1 -W shall be considered
to be zoned R1 for the purposes of determining what uses are
permitted, what signage is allowed, and what development
standards pertain.
Properties shown on the zoning map as R4 shall be considered
to be zoned R3 for the purposes of determining what uses are
permitted, what signage is allowed, and what development
standards pertain.
Properties shown on the zoning map as PDR -UC shall be
considered to be zoned PDR -HD for the purposes of determining
what uses are permitted, what signage is allowed, and what
development standards pertain; except for the property bound
by Sunflower Avenue to the north, Sakioka Drive to the west
and Anton Boulevard to the south and east, which shall be
considered to be zoned PDR -NCM for the purposes of determining
what uses are permitted, what signage is allowed, and what
development standards pertain.'-
SECTION
ertain."
SECTION 3: Article 6 of Chapter II of the Costa Mesa
Municipal Code is hereby repealed and this Article and the Sections
13-111 through 13-116 are hereby reserved.
"ARTICLE 6. RESERVED.
Section 13-111. Reserved.
Section 13-112. Reserved.
Section 13-113. Reserved.
Section 13-114. Reserved.
Section 13-115. Reserved.
Section 13-116. Reserved.
SECTION 4: Subsection B of Section 13-126 of the Costa Mesa
Municipal Code is hereby amended by adding Paragraph 8 to read as
follows:
118. Commercial uses as approved in the official commercial
uses list for the Transition Area (854 through 1014 West 19th
Street - even numbers only, and 1903 Federal Avenue)."
SECTION 5: Paragraph 2 of Subsection A of Section 13-136 of
the Costa Mesa Municipal Code is hereby amended to read as follows:
"2. R2 -MD: For lots within the Medium Density Residential
General Plan land use designation: one (1) dwelling unit for
each three thousand six hundred and thirty (3,630) square feet
of land remaining after all required dedications have been
made. Except, legal lots existing as of March 16, 1992 that
are less than 7,260 square feet in area but not less than
6,000 square feet in area where density calculations result in
fractions equal to or greater than 1.65 may be rounded up to
two units."
SECTION 6: Subsection A of Section 13-136 of the Costa Mesa
Municipal Code is hereby amended by adding Paragraph 3 to read as
follows:
"3. R2 -HD: For lots within the High Density Residential
General Plan land use designation: one (1) dwelling unit for
each three thousand (3,000) square feet of land remaining
after all required dedications have been made.'-
SECTION
ade."
SECTION 7: The title of Article 8'k of Chapter II of Title 13
of the Costa Mesa Municipal Code is hereby amended to read as
follows:
"ARTICLE 8'd. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR R2,
AND R3 -MULTIPLE -FAMILY RESIDENTIAL DISTRICTS"
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SECTION 8: The first paragraph of Section 13-145 of the Costa
Mesa Municipal Code is hereby amended to read as follows:
"Any construction of improvements on real property located in
an R2 or R3 -zone and granny units and accessory apartments in
any zone shall be submitted to the planning division for
development review according to the following procedures, and
subject to the following criteria:"
SECTION 9: Subsection f of Section 13-145 of the Costa Mesa
Municipal Code is hereby amended by adding paragraph (4) to read as
follows:
11(4) Consistency with the General Plan."
SECTION 10: Paragraph 2 of Subsection A of Section 13-148 of
the Costa Mesa Municipal Code is hereby amended to read as follows:
112. One (1) dwelling unit for each two thousand, one hundred
and seventy-eight (2,178) square feet of land remaining after
all required dedications have been made."
SECTION 11: Article 11 of Chapter II of Title 13 of the Costa
Mesa Municipal Code is hereby repealed and this Article including
Sections 13-174 through 13-178 are hereby reserved.
ARTICLE
11. RESERVED
Section
13-174.
Reserved.
Section
13-175.
Reserved.
Section
13-176.
Reserved.
Section
13-177.
Reserved.
Section
13-178.
Reserved.
SECTION 12: Section 13-187 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
"1. The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as described
further in Article 16 of this Chapter.
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2. This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation.
3. Minimum lot area -- six thousand (6,000) square feet.
4. Minimum lot width -- fifty (50) feet for interior lots;
sixty (60) feet for corner lots.
5. Maximum building height -- two (2) stories not to exceed
thirty (30) feet.
6. Minimum setbacks -- minimum setbacks from the ultimate
property lines shall be as follows:
(a) Front setback -- twenty (20) feet;
(b) Side setback -- fifteen (15) feet on one side; zero
(0) feet on the second side;
(c) Rear setback -- zero (0) feet;
(d) Side or rear lot lines adjacent to a residential
district -- two (2) times the height of the nearest
structure on the sites adjacent to the residential
district;
(e) Side or rear lot lines adjacent to a public street
- fifteen (15) feet.
7. All developments shall be subject to the requirements set
forth in Article 16, contained within this title."
SECTION 13: Section 13-199 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
111. The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as described
further in Article 16 of this Chapter.
2. This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation.
3. Minimum lot area -- five (5) acres.
4. Maximum building height -- two (2) stories not to exceed
thirty (30) feet
1-7
5. Minimum setbacks -- Same as AP district, section 13-187
(6).
6. All development shall be subject to the requirements set
forth in sections 13-233 through 13-237 of Article 16
contained within this title."
SECTION 14: Section 13-210 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
"1. The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as described
further in Article 16 of this Chapter.
2. This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation.
3. Minimum lot area -- twelve thousand (12,000) square feet.
4. Minimum lot width -- sixty (60) feet.
5. Maximum building height -- two (2) stories not to exceed
thirty (30) feet.
6. Minimum setbacks -- same as AP district, see section 13-
187 (6).
7. All developments shall be subject to the requirements set
forth in Article 16 contained within this title."
SECTION 15: Section 13-230 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
111. The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as described
further in Article 16 of this Chapter.
2. This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation.
3. Maximum building height shall be two (2) stories not to
exceed thirty (30) feet.
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4. Maximum lot coverage by building or structures shall be
a maximum of forty (40) per cent of the lot area.
5. Lot size: Minimum lot shall be six thousand (6,000)
square feet.
6. Minimum lot width for corner parcels shall be sixty (60)
feet and for interior parcels shall be fifty (50) feet.
7. Setbacks: same as AP district, section 13-187 (6).
8. All developments shall be subject to the requirements set
forth in Article 16 contained within this title "
SECTION 16: Sections 13-233 through 13-238 of the Costa Mesa
Municipal Code are hereby renumbered as Sections 13-234 through 13-
239.
SECTION 17: Section 13-233 is hereby added to the Costa Mesa
Municipal Code to read as follows:
"Section 13-233. Floor Area Ratio (FAR) limits.
1. The following definitions shall be used to implement this
portion of Title 13:
a. Floor Area Ratio (FAR) shall mean the gross floor
area of a building or project divided by the
project lot area upon which it is located
b. Gross Floor Area shall mean the total building area
of all floors within the walls of all structures
except elevator and other vertical shafts
(including stairwells) and elevator equipment
areas. Parking structures shall not be considered
building area for the purposes of calculating
allowable floor area ratios.
C. Project Lot Area shall mean the total land area of
a project after all required dedications or
reservations for public improvements including but
not limited to streets, parks, schools, flood
control channels, etc.
d. Project shall mean a development proposal submitted
under a single ownership or control at the time of
the initial plan submittal and approval. A project
may be subdivided or developed in phases by
subsequent multiple owners. However, the initial
building intensity established by the initial
project approval shall be maintained throughout the
development of the entire project.
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2. The project shall not exceed the FAR established in the
General Plan for the applicable land use designation as
shown in the following chart:"
LAND USE DESIGNATION
FLOOR AREA RATIO -
RETAIL
FLOOR AREA RATIO -
OFFICE
Neighborhood commercial
0.25
0.35
General Commercial
0.30
0.40
Commercial Center
0.35
0.45
Regional Commercial
0.652/0.89
Urban Center Commercial
0 50
0.60
SECTION 18: Subsection f of Section 13-239 (renumbered from
Section 13-238) of the Costa Mesa Municipal Code is hereby amended
by adding paragraph (4) to read as follows:
11(4) Consistency with the General Plan."
SECTION 19: Subsection (4) of Section 13-250 of the Costa
Mesa Municipal Code is hereby amended to read as follows:
"(4) Planned Development Residential - North Costa Mesa (PDR -
NCM)."
SECTION 20: The second paragraph of Paragraph (a) of
Subsection 1 of Section 13-251 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
"Within the medium density, high density and North Costa Mesa
zones: Single- and multiple- family residential developments
containing any type or mixture of housing units, either
attached or detached, including but not limited to, clustered
developments, townhouses, patio houses, detached houses,
duplexes, garden apartments, and high rise apartments or
common interest developments."
SECTION 21: Paragraph (c) of Subsection 1 of Section 13-251
of the Costa Mesa Municipal Code is hereby amended to read as
follows:
"(c) As a complementary use in the PDR -MD, PDR -HD and PDR -NCM
zones, nonresidential uses of a commercial nature may be
allowed if the City Council finds said uses to be
compatible with the planned development residential
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project and if the FAR does not exceed that established
for the Neighborhood Commercial General Plan land use
designation and the total project AM and PM peak hour
trip generation does not exceed what would occur if the
entire project site were developed at its maximum
residential potential as allowed by the General Plan land
use designation."
SECTION 22: Paragraph (d) of Subsection 1 of Section 13-251
of the Costa Mesa Municipal code is hereby deleted.
SECTION 23; Paragraph (b) of Subsection 2 of Section 13-251
of the Costa Mesa Municipal Code is hereby amended to read as
follows:
"(b) As complementary uses, residential (density maximum of 20
dwelling units per acre) and industrial uses as well as
other commercial and noncommercial uses of a similar or
supportive nature to the uses noted in section 13-
252(2)(a) may be allowed if the City Council approves
said uses as compatible with the planned development
commercial project based on compatible uses listed in the
General Plan for the applicable land use designation
subject to FAR and trip budget limits."
SECTION 24: Paragraph (b) of Subsection 3 of Section 13-251
of the Costa Mesa Municipal Code is hereby amended to read as
follows:
"(b) As complementary uses, nonindustrial uses of a commercial
nature or residential nature (density maximum of 20
dwelling units per acre) may be allowed if the City
Council finds said uses to be compatible with the planned
development industrial project based on compatible uses
listed in the General Plan for the applicable land use
designation subject to FAR and trip budget limits."
SECTION 25: The first and second paragraphs of Paragraph (a)
of Subsection 1 of Section 13-252 of the Costa Mesa Municipal Code
are hereby amended to read as follows:
"(a) Planned Development Residential Density - the allowable
number of dwelling units per acre in a planned
development shall be established by the General Plan
designation of the site:
Low Density residential = up to 8 dwelling units per
acre;
Medium Density residential = up to 12 dwelling units per
acre;
High Density residential = up to 20 dwelling units per
acre;
North Costa Mesa residential = 25 to 35 dwelling units
per acre.
The base density of each zone shall be one third (1/3) less
than the maximums listed above except for the North Costa Mesa
residential where 25 dwelling units per acre shall be the base
density. The base density shall constitute the density
entitlement of projects which meet, but do not materially
exceed, the minimum development standards for planned
development. The provision of affordable housing shall be
necessary to reach the maximum density for the North Costa
Mesa residential district"
SECTION 26: Subsections 2 through 15 of Section 13-252 of the
Costa Mesa Municipal Code are hereby renumbered as Subsections 4
through 17.
SECTION 27: Subsections 2 and 3 are hereby added to Section
13-252 of the Costa Mesa Municipal Code to read as follows:
"2. Floor Area Ratio (FAR) limits.
The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as described
further in Section 13-233 regarding commercial
designations and in Section 13-420 regarding industrial
designations.
3 This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation."
SECTION 28: The first paragraph of Paragraph (a) of
Subsection 6 (renumbered from Subsection 4) of Section 13-252 of
the Costa Mesa Municipal Code is hereby amended to read as follows:
"(a) In planned development residential districts open space
shall be provided as follows:
PDR -Low Density, 45% of site area;
PDR -Medium Density, 45% of site area;
PDR -High Density, 42% of site area;
PDR -North Costa Mesa 40% of site area.,.
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SECTION 29: Paragraphs (a) and (b) of Subsection 12
(renumbered from Subsection 10) of Section 13-252 of the Costa Mesa
Municipal Code are hereby amended to read as follows:
"(a) In planned development commercial (PDC) districts within
the downtown redevelopment area and in all planned
development residential - North Costa Mesa (PDR -NCM)
districts, the required perimeter open space may include,
in addition to landscaping, architectural features such
as arcades, awnings, and canopies, and hardscape features
such as paving, patios, planters, and street furniture if
the City Council determines that:
(1) These other features provide usable, visually
interesting pedestrian amenities and facilitate
pedestrian circulation;
(2) These additional features enhance the overall urban
design concept of the planned development and
promote the goals of the city's general plan and/or
redevelopment plan.
(3) Adequate landscaping is retained to shade the
outdoor -use areas and to complement the
architecture and the design of buildings and
pedestrian areas; and
(4) The design of the perimeter setback area will be
compatible with contiguous development.
(b) In planned development commercial (PDC) districts within
the downtown redevelopment area and in all planned
development residential - North Costa Mesa (PDR -NCM)
districts, buildings may encroach into the required
perimeter open space if the City Council determines that:
(1) An adequate, well-defined pedestrian circulation
system is provided within the planned development;
(2) Pedestrian oriented landscaped and/or public use
areas (plazas, patios, etc.) are provided within
the planned development;
(3) The reduced open space area will not be detrimental
to developments on contiguous properties; and
(4) The reduced building setback will not deprive the
street nor other properties of necessary light and
air."
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SECTION 30: Section 13-275 of Costa Mesa Municipal Code is
hereby amended to read as follows:
111. Floor Area Ratio (FAR) limits.
The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as described
further in Article 16 of this Chapter regarding
commercial designations.
2. This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation.
3. Minimum site area -- twenty (20) acres net.
4. Maximum structure height -- none.
5. Setbacks required:
(a) Street setback -- twenty (20) feet from
property line (required setback to be
landscaped).
(b) Building separation -- none.
6. Reserved.
7. Parking area landscaping: All parking areas not within
parking structures shall be provided irrigated
landscaping at the rate of fifteen (15) square feet per
parking space. Included in the required landscaping
shall be one tree for every ten (10) spaces.
8. SIGNS: A master plan of signs depicting all proposed
signs shall be submitted for approval by the planning
commission.--
SECTION
ommission."
SECTION 31: Section 13-297 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
"1. Floor Area Ratio (FAR) limits.
The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as shown in
the following chart.
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LAND USE DESIGNATION
FLOOR AREA RATIO
PUBLIC AND SEMI-PUBLIC
0.25
GOLF COURSE
0.01
FAIRGROUNDS
0.10
2. This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established
in the General Plan for the applicable General Plan land
use designation.
3. Minimum lot area -- six thousand (6,000) square feet.
4. Minimum lot width -- sixty (60) feet.
5. Maximum building height -- four stories south of the I-
405 Freeway except that special purpose housing may be
granted additional building height." gene
SECTION 32: Section 13-305 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
"Same as I & R district, section 13-297."
SECTION 33: Subsection 1 of Section 13-354 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
111. 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 thirty (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) Recycling centers.
(i) Ramps which do not meet the ramp slope standards
specified in section 13-546(j), section 13-559(h)
and section 13-565(h).
(j) Minor building additions of existing residential
structures with nonconforming setbacks as specified
in section 13-529(2b).
(k) Any such action as may be established by resolution
of the City Council."
SECTION 34: Subsections (a) through (j) of Section 13-420 of
the Costa Mesa Municipal Code are hereby relettered as Subsections
(c) through (1).
SECTION 35: Subsections (a) and (b) are hereby added to
Section 13-420 of the Costa Mesa Municipal Code to read as follows:
"(a) Floor Area Ratio (FAR) limits.
The maximum building area shall not exceed the Floor Area
Ratios (FAR) established in the General Plan for the
applicable General Plan land use designation as shown in the
following chart.
LAND USE DESIGNATION
FLOOR AREA RATIO
LIGHT INDUSTRY
0.35
INDUSTRIAL PARK
0.40
(b) This maximum FAR shall be further limited by the maximum
AM peak hour and PM peak hour trip budget as established in
the General Plan for the applicable General Plan land use
designation."
SECTION 36: Subsection 6 of Section 13-420.1 of the Costa
Mesa Municipal Code is hereby amended by adding paragraph (d) to
read as follows:
"(d) Consistency with the General Plan."
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SECTION 37: Paragraph a of Subsection 4 of Section 13-523 of
the Costa Mesa Municipal Code is hereby amended to read as follows:
"a. Should a nonconforming commercial, institutional or
industrial development or nonconforming portion of a
commercial, institutional or industrial development be
destroyed to an extent of more than fifty (50) percent of
the market value, it shall not be reconstructed unless
such destruction is unintentional.
In the case of unintentional destruction, the development
may be restored to its original building intensity (Floor
Area Ratio) and use provided that:
(1) The rebuilding complies with all other applicable
sections of this title and other codes including
but not limited to the following development
standards: building setback, lot coverage,
building height, parking, and open space and
landscaping.
(2) The rebuilding would not increase the development's
nonconformity.
(3) Such restoration is started within a period of one
year and is carried out diligently to completion.
An extension of time to start the restoration may
be granted for good cause by the Development
Services Director.
SECTION 38: 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 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
15
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.
ABA(]ANpOPom) 9p
PASSED AND ADOPTED this aQ'A day of
ATTEST: /VI�IV l i
C ty Clerk of the City of Mayor oV the City of Costa Mesa
Costa Mesa
APPROVED AS TO FORM:
�-
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
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. Cyq-/3 was introduced and
considered section by section at a reg ar meeting of sa d City
Council held on the day of 19-, and
thereafter passed and adoptedl�s a who at regular meeting of
said Council held on the JW Z7�day of 19Y4 by
the following roll call vote: /G,
AYES: COUNCIL MEMBERS: %W�LrL+•� ,G(�NlpJ� /�u,/��'. yt6��
NOES: COUNCIL MEMBERS: �%1-a"+cG- �l�N�++✓'�
ABSENT: COUNCIL MEMBERS: t"A—
IN WITNESS WHEREOF, I have hereby set my hand and affixed the
Seal of the City of Costa Mesa this '& day of ,
19�,.
City Clerk and ex-officioerk
of the City Council of th Vity
of Costa Mesa
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