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HomeMy WebLinkAbout97-11 Temporary Trailers, Regulation of Leaf Blowers, and Signs on Public PropertyORDINANCE NO. 97-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE CITY OF COSTA MESA MUNICIPAL CODE AS FOLLOWS: COMPREHENSIVELY AMENDING TITLE 13, PLANNING, ZONING AND DEVELOPMENT; ADDING CHAPTER VI, UNDERGROUND UTILITY DISTRICTS TO TITLE 15; AMENDING SECTION 17-6 REGARDING TEMPORARY TRAILERS; AMENDING SECTION 11-165 REGARDING REGULATION OF LEAF BLOWERS; AND AMENDING SECTION 15-7 REGARDING SIGNS ON PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa finds and declares as follows (1) The State of California Government Code Section 65800 et. seq. enables cities to enact zoning regulations to implement their general plans; (2) Title 13 of the City of Costa Mesa Municipal Code contains the zoning regulations for the City of Costa Mesa, and this Title has not been comprehensively amended since 1960. (3) A concise, easy -to -understand zoning code is vital to the administration of the City's land use regulations and implementation of the City of Costa Mesa 1990 General Plan; therefore it is necessary to completely reorganize the regulations contained in Title 13. (4) An additional procedure to review minor deviations from certain development standards is appropriate to reduce processing costs in regards to time and fees. (5) The regulations regarding underground utility districts, formerly found in Title 13, are more appropriately located in Title 15, PUBLIC WORKS. (6) Additional amendments to references in other titles and sections of the Costa Mesa Municipal Code are necessary for correct cross-references to Title 13. (7) The proposed changes to the zoning regulations have been reviewed according to the California Environmental Quality Act (CEQA) and have been found to be exempt under Section 15061 (b)(3) of the CEQA Guidelines. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: Section 2. Title 13 is hereby replaced in its entirety with the following: "TITLE 13 PLANNING, ZONING AND DEVELOPMENT CHAPTER I. GENERAL ARTICLE 1 TITLE AND AUTHORITY ARTICLE 2. DEFINTIONS ARTICLE 3. REVIEW AUTHORITIES ARTICLE 4. ENFORCEMENT CHAPTER II. ZONING DISTRICTS ESTABLISHED CHAPTER Ill. PLANNING APPLICATIONS CHAPTER IV CITYWIDE LAND USE MATRIX CHAPTER V DEVELOPMENT STANDARDS ARTICLE 1 RESIDENTIAL DISTRICTS ARTICLE 2. COMMON INTEREST DEVELOPMENTS ARTICLE 3. COMMERCIAL DISTRICTS ARTICLE 4. ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED ARTICLE 5. INDUSTRIAL DISTRICTS ARTICLE 6. PLANNED DEVELOPMENT ARTICLE 7 INSTITUTIONAL AND RECREATIONAL AND INSTITUTIONAL AND RECREATIONAL SCHOOL DISTRICTS ARTICLE B. FLOOR AREA RATIOS ARTICLE 9. GENERAL SITE IMPROVEMENT STANDARDS ARTICLE 10. FLOODWAY AND FLOODPLAIN DISTRICTS CHAPTER VI. OFF-STREET PARKING STANDARDS ARTICLE 1 RESIDENTIAL DISTRICTS ARTICLE 2. NONRESIDENTIAL DISTRICTS ARTICLE 3. DEVELOPMENT STANDARDS CHAPTER VII. LANDSCAPING STANDARDS CHAPTER VIII. SIGNS ARTICLE 1 PURPOSE AND SCOPE ARTICLE 2. GENERAL PROVISIONS ARTICLE 3. SIGN REGULATIONS ARTICLE 4. SPECIAL PROCEDURES ARTICLE 5. NONCONFORMING SIGNS ARTICLE 6. POLICTICAL CAMPAIGN SIGNS ARTICLE 7 ADMINISTRATION AND ENFORCEMENT CHAPTER IX. SPECIAL LAND USE REGULATIONS ARTICLE 1 ADULT BUSINESSES ARTICLE 2. ANTENNAS ARTICLE 3. CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL ARTICLE 4. DENSITY BONUS AND OTHER INCENTIVES ARTICLE 5. ELECTRONIC GAME MACHINES ARTICLE 6. HOME OCCUPATIONS ARTICLE 7 MINI -WAREHOUSES ARTICLE 8. MOTELS ARTICLE 9. OFF-SITE HAZARDOUS WASTE FACILITIES ARTICLE 10. TEMPORARY TRAILERS ARTICLE 11 TRANSITIONAL AREAS ARTICLE 12. TRANSPORTATION DEMAND MANAGEMENT CHAPTER X. NONCONFORMING USES, DEVELOPMENTS AND LOTS CHAPTER XI. SUBDIVISIONS ARTICLE 1 TENTATIVE MAPS ARTICLE 2. VESTING TENTATIVE MAPS ARTICLE 3. FINAL MAPS ARTICLE 4. PARCEL MAPS ARTICLE 5. PARK AND RECREATION DEDICATIONS ARTICLE 6. LOT LINE ADJUSTMENTS CHAPTER XII. SPECIAL FEE ASSESSMENTS ARTICLE 1 MAJOR THOROUGHFARE AND BRIDGE FEE ARTICLE 2. FIRE PROTECTION SYSTEM ARTICLE 3. TRANSPORTATION SYSTEM MANAGEMENT CHAPTER XIII. NOISE CONTROL CHAPTER XIV OIL DRILLING CHAPTER I. GENERAL ARTICLE 1 TITLE AND AUTHORITY Sec. 13-1 TITLE This title shall be known as the "City of Costa Mesa Planning, Zoning and Development Code", hereafter referred to as the "Zoning Code" Sec. 13-2. PURPOSE The purpose of this Zoning Code is to promote the public health, safety, general welfare and preserve and enhance the aesthetic quality of the City by providing regulations to ensure that an appropriate mix of land uses occur in an orderly manner In furtherance of this purpose the City desires to achieve a pattern and distribution of land uses which generally (a) Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure. (b) Ensure the long term productivity and viability of the community's economic base. (c) Promote land use patterns and development which contribute to community and neighborhood identity (d) Ensure correlation between buildout of the General Plan Land Use Map and Master Plan of Highways. Sec. 13-3. AUTHORITY AND GENERAL PLAN CONSISTENCY (a) This Zoning Code is a tool for implementing the goals, objectives and policies of the Costa Mesa General Plan, pursuant to the mandated provisions of the State Planning and Zoning Law (State Government Code Section 65000 at seg.). All development within the incorporated area of the City shall be consistent with the General Plan. (b) The subdivision provisions of this Zoning Code are intended to supplement and implement the Subdivision Map Act, and serve as the Subdivision Ordinance of the City If the provisions of this Zoning Code conflict with any provision of the Subdivision Map Act, the provisions of the Subdivision Map Act shall prevail. Sec. 13-4. REFERENCES TO OTHER LAWS In some portions of this Zoning Code it is necessary to reference other applicable laws, for example the State Government Code, and in some instances specific code sections are given. These references are accurate as of the adoption of this Zoning Code, and these references may be amended from time to time. ARTICLE 2. DEFINITIONS Sec. 13-5. PURPOSE The intent of this article to define certain words and phrases which are used in this Zoning Code. Additional definitions may also be given in conjunction with the special regulations contained in CHAPTER IX SPECIAL LAND USE REGULATIONS and CHAPTER XII SPECIAL FEE ASSESSMENTS. Sec. 13-6. DEFINITIONS Abutting. Sharing a common boundary, of at least one point. Accessory apartment. A second dwelling unit within a main or accessory building located on the same lot with the main building. Accessory building. A building or part of a building which is subordinate to, and the use of which is incidental to that of the main building or use on the same lot. Accessory use. A use incidental and subordinate to, and devoted exclusively to the main use of the land or building thereon. Adjacent. Same as Abutting, but also includes properties which are separated by a public right-of- way, not exceeding 120 feet in width. Administrative adjustment. A discretionary entitlement, usually granted by the Zoning Administrator, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings. Adult business. See CHAPTER IX SPECIAL LAND USE REGULATIONS, ARTICLE 1 ADULT BUSINESSES for specific definitions and terms. Alcoholism recovery facility. A type of state regulated care facility which provides 24-hour residential nonmedical services to adults as defined in Section 11834.02 of the State Health and Safety Code. Alteration (structure). Any construction, addition or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in the appearance of any structure, except paint. Ambient noise level. The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purpose of receiving or transmitting communication to or from another antenna, device or orbiting satellite, as well as supporting equipment necessary to install or mount the antenna. Antenna, amateur radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna, communication. All types of receiving and transmitting antennas, except satellite dish antennas and amateur radio antennas. Communication antenna includes, but is not limited to, cable television antennas, cellular radiotelephone cell antennas, FM digital communication antennas, microwave telephone communication antennas, and shortwave communication and other similar antennas. Antenna height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, satellite dish. An antenna intended for the purpose of receiving or transmitting communication to or from an orbiting satellite. Antenna, whip. An antenna and its support structure consisting of a single, slender, rod-like element which is supported only at or near its base. Apartment. A rental or lease dwelling having kitchen facilities in a structure designed or used to house at least one family, as the term "family" is defined in this Zoning Code. Association (homeowners'). The organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a common interest development and who have interests in the control of common areas of such project. Attached (structure). Any structure that has a wall or roof in common with another structure. Basement. A space wholly or partially underground and having more than one-half of its height, measuring from floor to ceiling, below the average grade. If the finished floor level directly above the basement is more than 4 feet above grade at any point, the basement shall be considered a story Bedroom. Any room normally used for sleeping purposes, whether designed as a bedroom or as a den, study, library or other similar term excluding dining room, living room, kitchen and baths. Building. Any structure having roof and walls and requiring permanent location on the ground, built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Building height. The distance from grade to the highest point on the roof, including chimneys and roof -top mechanical equipment and screening. Building, main. The building or buildings within which the principal use permitted on the lot is conducted Carport. A permanent, roofed structure, not completely enclosed which is used for vehicle parking. Central administrative office. An establishment primarily engaged in management and general administrative functions performed centrally for other establishments of the same company. City. City of Costa Mesa. Common area. Those portions of a project area which are designed, intended or used in common and not under the exclusive control or possession of owners or occupants of individual units in planned development projects or common interest developments. Common interest development. A development as defined in State Civil Code Section 1350, containing 2 or more common interest units, as defined in Civil Code Section 783; a community apartment project, as defined in State Business and Professional Code Section 11004, containing 2 or more rights of exclusive occupancy; and a stock cooperative, as defined in Business and Professional Code Section 11003.2, containing 2 or more rights of exclusive occupancy Conditional use permit. A discretionary approval usually granted by the Planning Commission which allows a use or activity not allowed as a matter of right, based on specified findings. Congregate living health facility. A type of state regulated care facility which provides intermediate health care services with a typical capacity of no more than 6 beds as defined in Section 1250 of the State Health and Safety Code. Convenience stores. mini -markets. A retail stare, generally less than 10,000 square feet in area, that sells a variety of convenience foods, beverages and non-food items. Fresh dairy products, produce and/or meat may be offered on a limited basis. County. County of Orange. Covered parking space. A garage, carport or parking space which is completely covered by a roof. Density bonus. A minimum increase of 25% over the allowable residential dwelling unit density as specified by the zoning classification. Development. The division of land into 2 or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. Development review. The processing of a development plan when authority for approval is vested in the Planning Division. Development Services Director. The Director of Development Services of the City of Costa Mesa, or his/her designee. Dwelling unit. One or more rooms in any building designed for occupancy by one family, and containing one kitchen unit, including manufactured housing. (See Manufactured housing). Easement. A grant of one or more property rights by the owner for use by the public, a corporation or another person or entity Electronic game machine. Any electronic or mechanical device which upon insertion of a coin, slug, or token in any slot or receptacle attached to the device or connected therewith, operates, or which may be operated for use as a game, contest, or amusement through the exercise of skill or chance. Entertainment Ilivel. Any act, play, revue, pantomime scene, dance act, musical performance, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance. Establishment where food or beverages are served. Any commercial use that sells prepared food and/or beverages for consumption on-site or off-site, either solely or in conjunction with an ancillary or complementary use. Excluded from this definition are grocery stores, convenience stares, movie theaters, and other such uses, as determined by the Development Services Director, where the sale of food or beverages is clearly incidental to the primary use. All establishments selling alcoholic beverages for consumption on-site are included within this definition. Facility for mentally disordered, handicapped Demons. or dependent and neglected children. A type of state regulated care facility which provides intermediate care of a 24-hour basis as described in Section 5116 of the State Welfare and Institutions Code. Family. One or more persons occupying one dwelling unit and living together as a single housekeeping unit. Family also includes state regulated care facilities which 6 or fewer persons per dwelling unit and qualify as a family pursuant to Sections 1566.3 and 1569.85 of the State Health and Safety Code. Family does not include fraternity, sorority, boarding house, lodging house, club, hotel or other nonresidential uses. Family day care home - large. A home which provides family day care to 8 to 14 children as defined in Section 1596.78 of the State Health and Safety Code. Family day care home - small. A home which provides family day care to 7 or fewer children as defined in Section 1596.78 of the State Health and Safety Code. Floor area ratio The gross floor area of a building or project divided by the project lot area upon which it is located. Garage. An accessory or attached enclosed building with doors, designed and/or used for vehicle parking. Garage sale. An event for the purpose of selling or trading personal property Garage sale includes yard sale. General Plan. The City of Costa Mesa General Plan as adopted or amended from time to time by the City Council. Grade. The lowest point of the finished surface elevation of either the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. Gross acreage. The total area within the lot lines of a lot of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot, and not including adjacent lands already dedicated for such purposes. Gross floor area. The area of all floors within the walls of a structure except elevator and other vertical shafts (including stairwells) and elevator equipment areas. Gross leasable area. The total floor area designed for tenant occupancy and exclusive use, including both owned and leased areas. Hazardous materials. Any material of quantity, concentration, physical or chemical characteristics, that poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or environment; or any material requiring a Material Safety Data Sheet according to Title 8 Section 339 of the State Code of Regulation. Height. See Buildina height and Antenna height. Home occupation. Any business or commercial use conducted within a dwelling unit. Hotel. Any building or combination of buildings generally 3 or more stories in height containing 6 or more guest rooms offering transient lodging accommodations to the general public and providing incidental guest services such as food and beverage service, recreation facilities, retail services and banquet, reception and meeting rooms. Typically, room access is provided through a main or central lobby Intermediate care facility/developmentally disabled habilitative. A type of state regulated care facility which provides intermediate health care services as defined in Section 1250 of the State Health and Safety Code. Intermediate care facility/ developmentally disabled - nursing. A type of state regulated care facility which provides intermediate health care services as defined in Section 1250 of the State Health and Safety Code. Intersection. The general area where 2 or more roadways join or cross. Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and preparation of food. Landscaping. Plant materials such as lawn, groundcover, trees and shrubs. Loft. An intermediate floor placed within a room, where the clear height above and below the loft is not less than seven feet, and where the aggregate area of the loft does not exceed one third of the area of the room in which it is located. Lot. (a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the County Recorder, and created in conformance with the Subdivision Map Act and applicable local ordinances. (b) A parcel of real property when shown on a record of survey map or deed filed in the office of the County Recorder, when such map or deed was filed as the result of and was made a condition of a lot division approved under the authority of prior ordinances. Lot area. The total land area of a project after all required dedications or reservations for public improvements including but not limited to streets, parks, schools, and flood control channels. This phrase does not apply in the Planned Development zones where the phrase "site area", as defined in CHAPTER V DEVELOPMENT STANDARDS, is used. Lot, comer. A lot abutting on and at the intersection of two or more streets which intersect at an angle that is equal to or less than 135 degrees. Lot. depth. The average of the horizontal distance between the front and the rear lot lines. Lot, interior. A lot abutting only one street, or a lot abutting two streets which intersect at an angle greater than 135 degrees. Lot, width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the front building setback line. Manufactured housing. Detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, including structures known as manufactured homes and mobile homes. For the purpose of this Zoning Code, a factory -built single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act, transportable in one or more sections, built on a permanent chassis and used as a place of human habitation, shall be considered a single-family home and shall be reviewed under the same standards as a site -built structure. Master Plan. The overall development plan for a parcel or parcels which is depicted in both a written and graphic format. Master Plan of Highways. The graphic representation of the City's ultimate circulation system contained in the General Plan. It illustrates the alignment of the major, primary, secondary and collector highways. Median. A paved or planted area separating a parking area, street, or highway, into two or more lanes or directions of travel. Minor conditional use Permit. A discretionary approval granted by the Zoning Administrator which allows a use or activity not allowed as a matter of right, based on specified findings. Minor modification. A discretionary entitlement granted by the Planning Division, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings. Mixed use development. The development of lot(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Mobile home. See Manufactured housing. Mobile home park. Any area or tract of land where 2 or more mobile home lots are rented or leased, held out for lease or rent, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes. A mobile home park also means a mobile home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the State Health and Safety Code, and intended for use and sale as a mobile home condominium or cooperative park, or as a mobile home planned unit development. Motel. Any building or combination of buildings of one- to 3-stories in height having 6 or more guest rooms with parking located convenient to the guest rooms and providing temporary lodging for automobile tourists and transient visitors. Typically, guest rooms have direct access to available parking without passing through a common lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels. Municipal Code. City of Costa Mesa Municipal Code. Open space. An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreational areas, playgrounds, fountains, swimming pools, wooded areas; first floor decks; unenclosed patios with solid or lattice roofs; water courses; and surfaces covered by not more than 5 feet in depth by projections which are at least 8 feet above grade. Open space shall not include the following: driveways; parking lots; other surfaces designed or intended for vehicular travel; and upper floor decks, balconies or areas under projections which are less than 8 feet above grade. Open space, common. An area of land reserved primarily for the leisure and recreational use of all residents of a planned development or common interest development and owned in common by them, generally through a homeowners' association. Open space. Private. An area of land located adjacent to an individual dwelling unit, owned or leased and maintained by its residents, and reserved exclusively for their use. Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a project. Parcel. Same as Lot. Parkway. The area of a public street that lies between the curb and the adjacent property line or physical boundary definition, which is used for landscaping and/or passive recreational purposes. Peak hour. The hour during the AM peak period (typically 7:00 a.m. -9:00 a.m.) or the PM peak period (typically 3:00 p.m. - 6:00 p.m.) in which the greatest number of vehicle trips are generated by a given land use or are traveling on a given roadway. Permitted use. Any use allowed in a land use zoning district without requiring a discretionary approval, and subject to the provisions applicable to that district. Planned development. A land area which is developed as an integrated unit under single ownership or control and having Planned Development zoning designation. Planning application. A broad term for any development project or land use which requires the discretionary review and approval of either the Planning Division, Zoning Administrator, Planning Commission, Redevelopment Agency or City Council. Planning applications include administrative adjustments, conditional use permits, development reviews, variances, redevelopment actions, etc. Project. See Development. Property line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. 10 Property line, front. The narrowest property line of a lot abutting a public or private street. If 2 or more equal property lines are narrowest, the front shall be that property line across which the development takes its primary access (if the primary access is determined to be equal, there shall be 2 front property lines). However, for non reside nn ally zoned property, any property line abutting a public street designated as a secondary, primary or major street on the Master Plan of Highways shall be deemed a front property line. A nonresidennally zoned property shall have more than one front property line when it abuts more than one street designated as secondary, primary, or major on the Master Plan of Highways. For R-1 zoned property located on corner lots, the front property line may be the property line towards which the front of the dwelling unit is oriented. Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line. Irregularly shaped lots may also have more than one rear property line. Property line. side. Any property line which is not a front or rear property line. Property line, ultimate. The boundary of a lot after the dedication of land for use as public rights) -of - way. Public area - establishments where food or beverages are served. That portion of an establishment reserved for the exclusive use of the public for the receipt or consumption of food and/or beverages. For the purpose of this Zoning Code, public area shall not include restrooms, kitchens, hallways or other areas restricted to employees only Public hearing. A public proceeding conducted for the purpose of acquiring information or evidence which may be considered in evaluating a proposed action, and which affords to any affected person or persons the opportunity to present their views, opinions, and information on such proposed applications. "Mandatory Hearings" are those required to be held by law, and "discretionary hearings" are those which may be held within the sole discretion of the hearing body Public right-of-way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses. Recvclina. The process by which waste products are reduced to raw materials and transformed into new products. Recycling and collection facility. A building or enclosed space used for the collection and processing of recyclable materials for preparation for shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical strung, shredding, cleaning or remanufacturing. Recyclable materials. Reusable materials including but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture or reconstruction. Recyclable materials do not include refuse, hazardous materials or hazardous waste. Redevelopment action. A discretionary review conducted by the Redevelopment Agency for applications for development in the Redevelopment Project Area, based on the adopted Redevelopment Plan and specified findings. Residential, single-family. Detached single-family home where there is no more than one primary dwelling unit on a lot. Residential. multi -family. Apartments, common interest developments, townhouses and similar multiple -family residential developments, including detached single-family homes where there is more than one primary dwelling unit on a lot. 11 Residential care facility. A type of state regulated care facility for persons with chronic, life threatening illnesses as defined in Section 1568.01 of the State Health and Safety Code. Residential care facility for the elderly. A type of state regulated care facility which provides a voluntary housing arrangement for persons 60 years of age or older as defined in Section 1569.2 of the State Health and Safety Code. Residential facility. A type of state regulated care facility which provides 24-hour nonmedical services as defined in Section 1502 of the State Health and Safety Code. Senior congregate care facility. A structures) providing residence for 13 or more senior citizens with kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living quarters. Setback. The required distance that a building, structure, parking or other designated item must be located from a property line or lot line. Sinale room occupancy residential hotel. A residential hotel, allowed in certain commercial zones, that contains units designed for long-term occupancy by a single person, although double occupancy may be permitted. Slope. The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees. Specific plan. A plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the General Plan and the provisions of State Government Code Section 65450 at seq. State. State of California. State regulated care facility. A medical or nonmedical care facility which is authorized, certified or licensed by the State. This definition does not include any type of hospital, convalescent hospital, family day care home, or work furlough facility Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall constitute a story If the finished floor level directly above the basement or cellar is more than an average of 4 feet above finish grade, such basement or cellar shall be considered a story Any uncovered deck or activity area above the first story shall be considered a story Street. A public or private thoroughfare that provides primary access to adjacent land and local traffic movements. Streets do not include driveways which only provide access to parking areas. Structure. Anything, including a building, located on the ground in a permanent location or attached to something having a permanent location on the ground. Trip (vehicle). A one-way vehicular journey either to or from a site, or totally within the site i.e. internal trip. Each trip has two trip ends, one at the beginning and the other at the destination. Trip rate (vehicular). The anticipated number of vehicle trips to be generated by a specific land use type or land use classification. The trip rate is expressed as a given number of vehicle trips for a given unit of development intensity (i.e., trip per unit, trip per 1,000 sq. ft., etc.). Uncontrolled environment. A location where there is the exposure (to radiofrequency radiation) of individuals who have no knowledge or control of their exposure. The exposures may occur in living quarters or work places where there are no expectations that the exposure levels may exceed the exposure and induced current levels permitted for the general public. 12 Underroof. All of the area within the walls of the building that a roof covers. Areas under porches, roof overhangs, garage protrusions, breezeways and other similar architectural design features are not considered as underroof. Unit. A particular building or structure, or portion thereof, that is designed, intended or used for exclusive occupancy, possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project. Use. The purpose Itype and extent) for which land or a building is arranged, designed, or intended, or for which either land or a structure is occupied or maintained. Warehouse, mini. A structure or group of structures for the dead storage of customer's goods and wares where individual stalls or lockers are rented out to different tenants for storage and where at least one of the stalls or lockers has less than 500 square feet of floor area. Warehouse. public. A structure or group of structures for the dead storage of customer's goods and wares where individual stalls or lockers are rented out to different tenants for storage and where all the stalls or lockers have more than 500 square feet of floor area. Work furlough facility. A public or privately operated local detention facility for the housing of inmates eligible under the State Penal Code Section 1208 for work/education furlough and/or other programs involving inmate access into the community Vacancy rate (common lot development conversionl. The ratio of vacant apartments being offered for rent or lease in the City of Costa Mesa, shown as a percentage of the total number of apartments in the City Variance. A discretionary entitlement, usually granted by the Planning Commission, which permits departure from the strict application of the development standards contained in this Zoning Code, based on specified findings. Yard. Any open space on a lot unoccupied and unobstructed from the ground upward, except an inside court. Yard, front. The yard between the front line of a building and the front line of the lot upon which the building is located. Yard. rear. The yard extending from the extreme rear line of the main building to the rear lot line on which the building is situated. Yard. side. The yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard or rear lot line, between the side lot line and the nearest wall of the main building or any accessory structure attached thereto. Zero lot line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line. 13 ARTICLE 3. REVIEW AUTHORITIES Sec. 13-7 PURPOSE The purpose of this article is to establish the project review authority of the City Council, the Redevelopment Agency, the Planning Commission, the Zoning Administrator and the Planning Division. Sec. 13-8. CITY COUNCIL The City Council shall have final decision authority for appeals, final maps, specific plans, master plans in the Town Center and Planned Development districts, rezones, general plan amendments, density bonuses with financial incentives, Zoning Code amendments, improvement and development agreements, annexations and any action specified in this Zoning Code. The City Council shall also be responsible for the acceptance of lands and/or improvements as may be proposed for dedication to the City, except deeds of dedication and parcel maps of 4 or fewer lots with no development agreements. The City Council may impose conditions of approval. Sec. 13-9. REDEVELOPMENT AGENCY (a) Declaration of need of agency. It is hereby found and declared, pursuant to State Health and Safety Code Section 33101, that there is a need for a Redevelopment Agency in the City, as such agency was created by Section 33100, to function in the City, and the agency is hereby authorized to transact business and exercise all of the powers granted to it under the Community Redevelopment Law (b) Council declared agency. The 5 members of the City Council are hereby declared to be the members of the Redevelopment Agency and are empowered to exercise all the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in an agency. Ic) Term of agency members. Membership shall be for the period each Councilmember serves in office, and shall automatically terminate at the time any Councilmember no longer holds the office of Councilmember Any vacancy existing on the Redevelopment Agency shall be filled only by a duly elected sworn and acting City Councilmember Sec. 13-10. PLANNING COMMISSION (a) Commission created. Pursuant to the provisions of Section 65101 of the Planning, Zoning and Development Law of the State Government Code, there is hereby created a Planning Commission which shall consist of 5 members. (b) Appointment of Commission; tenure of office generally. The members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council pursuant to the provisions of subsection (c). The Planning Commission shall hold office at the pleasure of the City Council. (c) Commissioners' terms of office; residency. (1) Members of the Planning Commission shall be appointed for four-year terms subject to the provisions of subsection (b), and subsection Ic)(2) below. (2) The terms of 2 positions shall commence on March 1, 1983, and continue to run for four-year periods thereafter The terms of 3 positions shall commence on March 1, 1983, and continue until February 28, 1985; and thereafter shall continue to run for four-year periods commencing on March 1, 1985. At the end of the terms, the appointments shall terminate automatically and the positions deemed vacant without further action of the City Council; provided, however, that members may be reappointed for additional terms at the City Council's discretion. If a position becomes 14 vacant for any reason, a person shall be appointed to fill the remaining term pursuant to subsection (b). (3) No person shall be appointed, nor serve as a member of the Planning Commission, who is not a resident of the City If, while serving, a member ceases to be a resident, his position shall be deemed vacant as of the change in residency, and a new member shall be appointed to complete that term of office. (d) Ex -officio member of Commission. The City Engineer and City Attorney or his/her designee shall attend the meetings of the Planning Commission and assist the Commission in an advisory capacity as needed. le) Absence from Commission meetings without cause. If a Planning Commission member is absent from 3 consecutive regular meetings of the Commission, without cause, the office of the member shall be deemed to be vacant and the term of such member terminated. The Secretary of the Planning Commission shall immediately inform the City Council of such termination. (f) Absence from Commission meetings for cause. An absence due to illness or an unavoidable absence from the City and written notice thereof given to the Secretary of the Planning Commission on or before the day of any regular meeting of the Commission shall be deemed absence for cause. (g) Councilmember ineligibility. No legislative body member of the City shall be eligible for membership on the Planning Commission. Ih) Authority of the Planning Commission. (1) The Planning Commission shall have the power, except as otherwise provided by law, to act on plans for the regulation of the future growth, development and beautification of the City, in respect to: Public and private buildings and works, streets, parks, grounds and vacant lots. The future growth and development of the City in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities. The location of any proposed buildings, structures, or works. (2) The Planning Commission is authorized to act upon the following discretionary actions: a. Recommend to the City Council approval, conditional approval or denial of General Plan amendments, specific plans, rezones, Zoning Code amendments, development agreements, tentative maps of proposed subdivisions of land, density bonuses with public financial incentives, preliminary and final master plans and any other action specified in this Zoning Code. b. Recommend to the Redevelopment Agency approval, conditional approval or denial of redevelopment actions or adoption and/or amendments to a redevelopment plan. c. Approve, conditionally approve or deny applications for conditional use permits, variances, planned signing programs, tentative tract and parcel maps, density bonuses without public financial incentives and any other action specified in this Zoning Code. J. Perform other duties necessary to carry out the provisions reserved to the Planning Commission in Title 10 of the Municipal Code, the provisions of this Zoning Code and the provisions of the Planning, Zoning and Development Law of the State Government Code. 15 (i) Commission bylaws authorized. The Planning Commission shall have the power, except as otherwise provided by law, to adopt such bylaws as it may deem necessary to provide for - 11) The time and place of meeting. (2) The time and method of electing officers. (3) Such other matters relative to the organization of the Planning Commission and methods of administration of its duties which are not otherwise provided for by statute or ordinance. (j) Regular meeting of Commission defined. A regular meeting as provided by law or by rule of the Planning Commission or any regularly advertised public hearing shall be deemed a regular meeting. (k) Compensation of Commission. Each member of the Planning Commission, excluding ex -officio members, shall be entitled to receive compensation for their services as planning commissioners in an amount and under terms and conditions as shall be determined from time to time by the City Council by resolution. Sec. 13-11 ZONING ADMINISTRATOR (a) The Development Services Director or his/her designee is authorized to act as the Zoning Administrator according to procedures set forth in the State Government Code. (b) The Zoning Administrator is authorized to approve, conditionally approve, or deny the following discretionary planning applications. The Zoning Administrator may forward any action to the Planning Commission for review. (1) Administrative Adjustment; (2) Minor Conditional Use Permit; (3) Lot Line Adjustment; and (4) Any action specified in this Zoning Code. Sec. 13-12. PLANNING DIVISION The Development Services Director or his/her designees constitute the Planning Division. The Planning Division is authorized to act on and grant approvals of development reviews and minor modifications as described in CHAPTER III PLANNING APPLICATIONS, and other duties as designated by the Development Services Director, Planning Commission, City Council and this Zoning Code. 16 ARTICLE 4. ENFORCEMENT Sec. 13-13. PURPOSE The purpose of this article is to establish the parameters for the enforcement of this Zoning Code Sec. 13-14. ENFORCEMENT OFFICER DESIGNATED The Development Services Director or his duly authorized representative is hereby empowered and it shall be his/her duty to enforce all provisions of this Zoning Code. Sec. 13-15. DUTIES All departments, officials and public employees of the City invested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this code; and any such permit or licenses issued in conflict with the provisions of this Zoning Code shall be null and void. It shall be the duty of the building official to enforce the provisions of this Zoning Code pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. Sec. 13-16. ENFORCEMENT (a) Criminal prosecution. Any person, whether as principal, agent, or employee, violating the terms of this Zoning Code may be prosecuted as provided in Section 1-33 of this Municipal Code. (b) Criminal citation. For the purposes of this Zoning Code, a violation of the terms of this Zoning Code may be cited as either an infraction or misdemeanor pursuant to State Government Code Sections 36900 and 36901 and as provided in Section 1-33 of this Municipal Code. of Civil action. As an alternative to prosecution or citation, or as an additional action, the City Attorney may, at the request of the Development Services Director, institute an action in any court of competent jurisdiction to restrain, enjoin, or abate the condition(s) or activity(es) found to be in violation of the provisions of this Zoning Code. Sec. 13-17 PUBLIC NUISANCE DEFINED; PROCEDURE Any building or structure set up, constructed, erected, enlarged, converted, moved or maintained contrary to the provisions of this Zoning Code, and any use of land, building or premises established, conducted or maintained contrary to the provisions of this Municipal Code or other applicable laws, may, by the City Council, after public hearing, be declared to be unlawful and a public nuisance as established in this section. No conditions described in this section may be declared a public nuisance until the following steps have been taken: (a) There shall be an inspection and investigation of the premises by whatever department heads or their authorized designees within the City as are affected by the condition of the premises, including but not limited to, the Building Official, Planning Division, Police Department, and County Health Officer. 17 (b) The responsible owner, lienholder or occupier of the premises shall be given notice setting forth the violations, corrections which must be made, and a specific reasonable time within which to make such corrections. The notice shall be given either in person or by registered or certified mail to the responsible property owner, lienholder or occupier and by a posting on the property (c) In the event the responsible owner, Iienholder or occupier does not comply with the demand for correction as set forth in subparagraph Ib) within the specific time stated therein, the City Council shall set the matter for formal hearing and shall post the property at least 10 days prior to the time of the hearing and shall serve the responsible owner, lienholder or occupier of the property a copy of the notice of the formal hearing, either in person or by registered or certified mail. (d) At the hearing as set forth in subparagraph (c) the City Council shall take oral or written testimony as evidence to substantiate their findings with respect to the violation. Evidence may be presented by investigative officers on behalf of the City, while the owner, lienholder or occupier may present evidence in his own behalf. At the close of the hearing, the City Council shall find and determine, based upon the evidence presented, that a public nuisance does or does not exist. (e) Upon finding that a public nuisance exists as provided for in paragraph (d), the City Council shall give the responsible property owner, lienholder or occupier notice in writing that the condition must be corrected, prevented, restrained or abated within a 30 day period. (f) If at the end of the 30 day period granted for compliance the responsible owner, lienholder or occupier has not complied with the mandate of the City Council, the City Attorney shall commence appropriate legal proceedings either civil, criminal or both, as the circumstances warrant. (g) In the event the City Council determines by a 4/5 vote that any conditions described above cause an emergency situation threatening serious bodily harm or imminent, substantial property damage, the foregoing procedures and time limits may be waived and upon reasonable notice under the circumstances to the responsible property owner, lienholder or occupier, the City Council may at a public hearing find and determine such conditions a nuisance and order immediate abatement. (h) The City's cost of abatement proceedings shall constitute a special assessment upon the lot involved and payable and collectible as set forth in State Government Code Sections 38773.1 and 38773.5 and other applicable laws Sec. 13-18. REMEDIES CUMULATIVE The remedies provided in this article shall be cumulative and not exclusive 18 CHAPTER II. ZONING DISTRICTS ESTABLISHED Sec. 13-19. PURPOSE The intent of this chapter is to establish and state the purpose of the various zoning districts, as well as to describe their boundaries on the official zoning map. Sec. 13-20. ZONING DISTRICTS In order to classify, regulate, restrict and separate the uses of land and buildings, regulate the height and bulk of buildings and the area of yards and other open spaces about buildings, and regulate population density, the following classes of zones are established: (a) R1 Single -Family Residential District. This district is intended to promote the development of single-family detached units located on lots with a minimum lot size of 6,000 square feet, and a maximum density of 7.26 dwelling units per gross acre. (b) R2 -MD Multiple -Family Residential District, Medium Density This district is intended to promote the development of multi -family rental as well as ownership properties on lots with a minimum size of 7,260 square feet. The maximum density allowed is 3,630 square feet per dwelling unit which equals 12 dwelling units per gross acre. Legal lots existing as of March 16, 1992 with a minimum lot area of 6,000 sq. ft. up to 7,260 sq. ft. are allowed 2 dwelling units. (c) R2 -HD Multiple -Family Residential District, High Density This district is intended to promote the development of multi -family rental as well as ownership dwelling units on lots with a minimum size of 6,000 square feet. The maximum density allowed is 3,000 square feet per dwelling unit which equals 14.52 dwelling units per gross acre. (d) R3 Multiple -Family Residential District. Like the R2 -MD and R2 -HD districts, this district is intended to promote the development of multi -family rental as well as ownership dwelling units. The required minimum lot size is 6,000 square feet. The maximum density allowed is 2,178 square feet per dwelling unit which equals 20 dwelling units per gross acre. (e) AP Administrative and Professional District. This district is intended to establish areas within which public administrative, professional and business offices may be located. It is the further purpose of this district to limit the intensity of use within the district to be compatible with the types of activities generally associated with office developments. (f) CL Commercial Limited District. This district is intended for unique areas of land which, due to the proximity of residential development or the potential for traffic circulation hazards, require special precautions to be taken to assure appropriate development. The district is also intended for industrial areas where commercial uses must be considered according to their compatibility with existing or permitted industrial uses. (g) C1 Local Business District. This district is intended to meet the local business needs of the community by providing a wide range of goods and services in a variety of locations throughout the City. The permitted and conditional uses as well as development standards are aimed toward reducing impacts on surrounding properties especially in those areas where residential uses are in the vicinity. (h) C2 General Business District. This district is intended to provide for those uses which offer a wide range of goods and services which are generally less compatible with more sensitive land uses of a residential or institutional nature. (i) C1 -S Shopping Center District. This district is intended for large commercial lots constructed as a unified and integrated development. It is the further purpose to provide a wide range of goods and services on a community and regional scale. 19 G) TC Town Center District. This district is intended to allow intensely developed mixed commercial uses within a very limited geographical area bounded by Sunflower Avenue to the north, 1-405 to the south, Bristol Street to the west, and Avenue of the Arts to the east. Developments within this designation can range from one- and two-story office and retail buildings to mid- and high-rise buildings. (k) P Off -Street Parking District. This district is intended to allow parking lots, and buildings incidental to the operation of the parking lot. (1) I&R Institutional and Recreational District. This district is intended to allow land uses which provide recreation, open space, health and public service uses. Development in this designation may occur on either public or private property (m) I&R-S Institutional and Recreational - School District. This district is intended to allow public and private educational facilities on either public or private property In) MG General Industrial. This district is intended for a variety of industrial areas which contain a wide range of light and general industrial activities. Development standards and the approval of conditional uses shall be aimed toward eliminating possible hazards to adjoining properties, especially in those areas where residential uses are in the vicinity of MP Industrial Park. This district is intended for large, concentrated industrial areas where the aim of development is to create a spacious environment in a park -like setting. (p) PDR -LD Planned Development Residential - Low Density (up to 8 dwelling units per acre): PDR -MD Planned Development Residential - Medium Density (up to 12 dwelling units per acre): PDR -HD Planned Development Residential - High Density (up to 20 dwelling units per acre): PDR -NCM Planned Development Residential - North Costa Masa (25-35 dwelling units per acre). These districts are intended to provide for excellence in the design of residential projects. Within the low density zone typical designs include small -lot, single-family detached residential developments including clustered development, zero lot line development and conventional development. Within the medium density, high density, and north Costa Mesa zones, site design could include single -and multiple -family residential developments containing any type or mixture of housing units, either attached or detached, including but not limited to clustered development, townhouses, patio houses, detached houses, duplexes, garden apartments, high rise apartments or common interest developments. (q) PDC Planned Development Commercial. This district is intended for 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 serve adjacent residential areas, as well as the entire community and region. (r) PDI Planned Development Industrial. This district is intended for large, concentrated industrial areas where the aim of development is to create a spacious environment in a park -like setting. Sec. 13-21 OVERLAY DISTRICTS Overlay zoning districts may also be created in conjunction with special regulations. Sec. 13-22. ZONING DISTRICT BOUNDARIES The zoning districts listed in Section 13-20 ZONING DISTRICTS, and the boundaries of each, are shown on the official zoning map, filed in the Planning Division. all Sec. 13-23. DIVISION OF OFFICIAL ZONING MAP The official zoning map may be subdivided into district maps, and such district maps may be separately used for amending the zoning map or for any official reference to the zoning map. Sec. 13-24. CHANGES IN BOUNDARIES All changes shall be made by ordinance adopting an amended zoning map, or part of the zoning map or district map. Sec. 13-25. UNCERTAINTY OF BOUNDARIES Where uncertainty exists as to the boundaries of any zone shown on the zoning map, or any district map, the following rules shall apply: (a) When boundaries of zones are approximately following street, alley or lot lines, such lines shall be construed as the boundaries. (b) In the case of undivided properties, or property not yet subdivided, and a zone boundary divides the lot, the location of the zone boundary, unless indicated by dimensions, shall be determined by the use of the scale appearing on the zoning map. Sec. 13-26. LIMITATION OF LAND USE No new building shall be erected, nor shall any building or land be used for any purpose except as provided and allowed for in this Zoning Code. 21 CHAPTER III. PLANNING APPLICATIONS Sec. 13-27 PURPOSE The purpose of this chapter is to establish the parameters for the numerous types of discretionary planning applications and to identify processing procedures. Sec. 13-28. TYPES (a) Administrative adjustment. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(a). TABLE 13-28(a) ADMINISTRATIVE ADJUSTMENTS Standard Deviation Rauge Decrease in required front yard depth, provided that in residential zones, the garage is set back a minimum of 19 feet from the front property fine. More than 20% but no more (ban 40% Decrease in required rear yard depth More than 20% but no more than 40% Decrease in required side yard width. More than 20% but an more than 40% Increase in maximum fence/wall height. More than 33 1/3% but no more than 50% Increase in depth of permitted projections imo required yards More than 20% but no more than 40% Increase in maximum building height (when 30 feet is the maximum). More tun 20% but no more than 40% Deviation in sign area, height, setbacks, separation and other sign specifications More than 10% but no more than 20% Decrease in required distance between main structures More than 20% but no more than 40% Decrease in required distance between accessary and main structures More than 20% but no more than 40% (b) Conditional use permit. Any use specified In this Zoning Code as requiring a conditional use permit. (c) Density bonus or Incentive. Any request for incentives to produce lower income and senior housing per State Government Code Section 65915. (d) Development review. The following shall be subject to development review: (1) Construction of new dwelling units and/or new buildings such as garages or carports in the R2 -MD, R2 -HD, or R3 zones. Room additions and other minor construction that comply with all applicable development standards shall not be subject to development review; (2) Construction of new buildings or additions to existing buildings in the AP, CL, Cl, C2, CI- S, MG, or MP zones. However, building additions that do not exceed 2,000 square feet or 50% of the existing building area, whichever is less, and comply with all applicable development standards shall not be subject to development review (3) Granny units and accessory apartments in an R1 zone; (4) Proposals to convert apartments under construction to residential common interest developments; and (5) Any other use specified in this Zoning Code as requiring development review. lel Lot line adjustment. Any adjustment to an existing lot line between two lots, where the land taken from one lot is added to an abutting lot and/or where a greater number of lots than originally existed is not created. A lot line adjustment may be used to combine two or more abutting lots. 22 Ifl 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 CI -S, I&R-S and I&R zones. (1) Amendments to the master plan. 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; I. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility networks; or g. A reduction in required street pavement widths. (2) Substantial amendments to the master plan encompassing one or more of the above listed changes shall be processed and reviewed pursuant to the provisions for new master plans. (g) Minor conditional use permit. Any use or deviation from development standards specified in this Zoning Code as requiring a minor conditional use permit. (h) Minor modification. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(h)(1). (1) TABLE 13-28(h)(1) MINOR MODIFICATION Standard Deviation Range Decrease in required front yard depth, provided that in residential zones, the garage is set back a minimum of 19 feet from the front property line. 20% or less Decrease in required rear yard depth. 20% or less Decrease in required side yard width. 20% or less Increase in maximum fence/wall height. 33 1/3% or less Increase in depth of permitted p%lection into required yards. 20% or less Increase in maximum building height (when 30 feet is the maximum) 20% or less Decrease in minimum driveway width for two or more dwelling units to not less than 10 feet Deviation in sign area, height, setbacks, separation and other sign specifications l0% or less Decrease in required distance between main structures 20% or less Decrease in required distance between accessory and main structures 20% or less (2) Minor building additions which encroach into required setbacks no further than the existing main structure, excluding architectural features. However, no nonconforming 23 setback width or depth may be decreased further, and the building addition shall comply with all other applicable sections of this Zoning Code and other codes. (3) Fabric awnings which project no more than 5 feet from the building face. 141 Any deviation from development standards specified in this Zoning Code as requiring a minor modification. (i) Mobile home park conversion. Any conversion of an existing mobile home park to any other use permitted or conditionally permitted in the applicable zoning district. GI Planned signing program. A voluntary, optional alternative to the general sign regulations, except in the C11 -S zone where it is required. (k) Redevelopment action. Any development or use proposed within the Redevelopment Project Area as specified by the Redevelopment Plan or by policy of the Redevelopment Agency as requiring Redevelopment Agency approval. (I) Residential common interest development conversion. A proposal to convert an occupied or previously occupied apartment complex to a residential common interest development project. (m) Rezone. Any proposed change to the official zoning map. of Specific plan conformity review. Any proposed action or land use which is required by the applicable specific plan to be reviewed for conformity with the purpose and intent of the plan. (p) Tentative tract or parcel map (including vesting). Any proposed subdivision of land which is required by a provision of the Subdivision Map Act or this Zoning Code to file a tentative tract or parcel map. 14) Variance. Any deviation from a development standard in this Zoning Code that is not specified as a minor modification or administrative adjustment, or a deviation that is not allowed by approval of conditional use permit, minor conditional use permit, or specific plan conformity procedure. Sec. 13-29 PLANNING APPLICATION REVIEW PROCESS (a) Application. (1) Application for any planning application shall be made to the Planning Division on the forms provided. Plans and information reasonably needed to analyze the application may be required. A list of required plans and information shall be available from the Planning Division. (2) All applications shall be signed by the record owner of the real property to be affected. This requirement may be waived upon presentation of evidence substantiating the right of another person to file the application. (b) Fees. The application shall be accompanied by all applicable processing fees as established by resolution of the City Council. 24 (c) Public hearing. Upon receipt of a complete application for a planning application, the Planning Division shall fix a time and place of the public hearing if one is required pursuant to Table 13- 29(c). For planning applications which require review by both the Planning Commission and City Council or Redevelopment Agency, pursuant to Table 13-29(c), the final review authority shall hold a public hearing no more than 45 days from the receipt of the Planning Commission's recommendation. 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 Development Review No No None Planning No Minor Modification Division Lot Lim Adjustment No No None Zoning Yes Administrator Administrative Adjustment Yes No None Zoning Yes Minor COndmmnal Use Permit Administrator Planned Signing Program Mobile Home Park Conversion Yes Yes Planning Division Planning Yes Residential Common Interest Commission Development Conversion Specific Plan Conformity Review Tentative Parcel Map Tentative Tract Map Variance Conditional Use Permit Yes Yes Planning Division Planning Yes Density Bonus Commission MasterPlan (excepted where noted otherwise in this Zoning Code Redevelopment Action Yes Yes Planning Commission RedevelopmentdN Agency Rezone Yes Yes Planning Commission; City Council and, if located m a Redevelopment Project Area, the Redevelopment Agency (d) Public notice. When required pursuant to Table 13-29(c), public notice shall be given in the following manner, (1) Notices of the hearing shall be mailed to all property owners within a 300 -foot radius of the project site, except for applications for the construction of a building(s) 45 feet or more in height; these applications shall require a greater notice radius: Building Height in Feet Notice Requirement 45-75 500 foot radius More than 75 and less than or equal to 150 700 foot radius More than 150 and less than or equal to 225 900 foot radius More than 225 and less than or equal to 300 1,100 foot radius More than 300 1,300 foot radius 25 12) The required notice radius shall be measured from the external boundaries of the property described in the application. The notice shall be mailed no less than 10 days prior to the hearing or determination on the application. The Planning Division shall require for this purpose the use of the last known name and address of such owners) as shown on the last equalized County assessment roll or by a more current listing. The notice shall contain a general explanation of the proposed planning application and any other information reasonably need to give adequate notice of the matter to be considered. (3) When a public hearing is required, notice shall also be published in the City, no less than 10 days prior to the date set for the public hearing. The notice shall contain a general explanation of the proposed planning application and any other information reasonably needed to give adequate notice of the matter to be considered. (e) Review criteria. Review criteria for all planning applications shall consist of the following: (1) Compatible and harmonious relationship between the proposed building and site development, and the building and site developments that exist or have been approved for the general neighborhood. (2) Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation. (3) Compliance with any performance standards as prescribed elsewhere in this Zoning Code. (4) Consistency with the General Plan and any applicable specific plan. (5) The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. (6) When more than one planning application is proposed for a single development, the cumulative effect of all the planning applications shall be considered. Ifl Conditions. The final review authority pursuant to Table 13-29(c), may impose reasonable conditions to assure compliance with the applicable provisions of this Zoning Code, and to assure compatibility with surrounding properties and uses and to protect the public health, safety and general welfare. The final review authority may also require such written guarantees, cash deposits, recorded land use restrictions, etc., as may be necessary to assure compliance with the conditions. (g) Findings. When granting an application for any of the planning applications specified below, the final review authority shall find that the evidence presented in the administrative record substantially meets any required conditions listed below. Other findings may also be required pursuant to other provisions of this Zoning Code. 11) Administrative adjustment and variance findings: 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. The deviation 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 limitation upon other properties in the vicinity and zone in which the property is situated. 26 C. The granting of the deviation will not allow a use, density, or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property (2) Conditional use permit and minor conditional use permit findings: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Granting the conditional use permit or minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. 13) Density bonus findings: The request is consistent with the General Plan, any applicable specific plan, City Council policy number 500-3 and CHAPTER IX SPECIAL REGULATIONS, ARTICLE 4 DENSITY BONUSES AND OTHER INCENTIVES. The requested density bonus and incentive or concessions or in -lieu incentives constitute the minimum amount necessary to provide housing at the target rents or sale prices. (4) Lot line adjustment findings: The lot line adjustment and improvements are consistent with the General Plan, any applicable specific plan and this Zoning Code. (5) Master plan findings: The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. (6) Minor modification findings: a. The improvement will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. b. The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity This includes the site planning, land coverage, landscaping, appearance, scale of structures, open space and any other applicable features relative to a compatible and attractive development. (7) Mobile home park conversion findings: a. The impacts of the conversion on the residents of the mobile home park have been duly considered as required by the State Government Code. 27 b. The proposed conversion project is consistent with the General Plan, any applicable specific plan and this Zoning Code. (8) Planned signing program findings: a. The proposed signing is consistent with the intent of CHAPTER VIII SIGNS. b. Signs included in the planned signing program meet the minimum design standards adopted as a part of the program. C. Approval does not constitute a grant of special privilege or allow substantially greater visibility than what the standard sign provisions would allow. (9) Redevelopment action findings: a. The proposed use and/or development is consistent with the guidelines of the Redevelopment Plan. (10) Residential common interest development conversion findings: a. The critical vacancy rate for apartments is more than the rate established in Section 13-42(c), RESIDENTIAL COMMON INTEREST DEVELOPMENT CONVERSIONS and, therefore, approval of the residential common interest development conversion will not diminish the supply of rental housing; or b. The critical vacancy rate for apartments is equal to or less than the rate established in Section 13-42(c) RESIDENTIAL COMMON INTEREST DEVELOPMENT CONVERSIONS, however, the applicant has submitted an adequate and legally binding plan which mitigates the displacement of long- term residents, particularly senior citizens and low- and moderate -income families and families with school-age children; and C. The proposed conversion project conforms to adopted General Plan policies to increase the supply of lower cost housing in the City and/or that the proposed conversion project fulfills other stated public goals. (11) Rezone findings: a. The proposed rezone is consistent with the Zoning Code and the General Plan and any applicable specific plan. (12) Specific plan conformity review findings: Refer to the applicable specific plan text. (13) Tentative parcel or tract map findings: a. The creation of the subdivision and related improvements is consistent with the General Plan, any applicable specific plan, and this Zoning Code. b. The proposed use of the subdivision is compatible with the General Plan. C. The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and General Plan, and consideration of appropriate environmental information. d. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code Section 66473.1 28 The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code Section 13000). (h) Decision. (1) After the public hearing, if required, the final review authority may approve, conditionally approve or deny any application for the planning application based upon the standards and intent set forth in the applicable provisions of this Zoning Code. In the case of a denial, the applicant shall be notified of the circumstances of the denial. (2) For planning applications which require the Planning Commission to make a recommendation to the final review authority, the authority shall not approve any major change or additions in any proposed planning application until the proposed change or addition has been referred to the Planning Commission for a report, unless the change or addition was previously considered by the Planning Commission. It shall not be necessary for the Planning Commission to hold a public hearing to review the referral, Failure of the Planning Commission to report to the final review authority within 40 days after the referral shall be deemed approval of the proposed change or addition. (1) Notice of decision. (1) Notice of the Zoning Administrator's decision shall be given within 5 days of the decision to the City Council, Planning Commission and to any affected party requesting the notice. Any member of the Planning Commission or City Council may request review of a Zoning Administrator's decision within 7 days of the notice of the decision. No fee shall be charged for such review. (2) Notice of the Planning Commission's and/or Redevelopment Agency's decision shall be given within 5 days to the City Council and to any affected party requesting the notice. Any member of the City Council may request review of the decision within 7 days of the notice of the decision. No fee shall be charged for such review U) Appeals. Appeals of the final review authority shall be filed within 7 days of the public hearing or the date of the notice of decision according to the procedures set forth in TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE. (k) Time limits. (1) Planning applications shall run with the land until revoked, except as provided in this section or in a condition imposed at the time of granting the planning application. (2) Unless otherwise specified by condition of approval, if the construction authorized by a planning application is not commenced within one year after final approval by the City, the authority to proceed shall terminate; except that when a vesting tentative map is approved for the project then the time limits to commence construction shall be commensurate with the time limits associated with the vesting map. b. The final review authority may extend a planning application for successive periods of one year upon showing good cause by the applicant. (3) The time limits specified in subsection (2) shall not apply to preliminary master plans, except that the first phase of the final master plan must be approved within 12 months of the approved preliminary master plan. Time limits regarding the 29 construction of improvements authorized by the approved final master plan for each phase of the project shall comply with the time limits established in subsection 12). (4) When a planning application expires pursuant to a condition of approval, the applicant may apply for an extension of time. A public hearing shall only be held if it was required on the original application, If notice was required for the original application, notice of the public hearing shall be given according to the procedures set forth in this chapter (5) Fees for extensions of time for planning applications may be established by resolution of the City Council. 111 Building permits/authority to proceed. No building permit or authority to proceed shall be granted until all required review and approval has been obtained and all applicable appeal periods have expired. (m) Compliance. Final occupancy shall not be granted unless the site development conforms to the approved set of building plans, applicable conditions of approval and code requirements. (n) Reapplication. Upon final denial of any planning application, a new application for substantially the same planning application may not be filed within 6 months of the date of the denial. The Development Services Director shall determine whether the new application is for a planning application which is substantially the same as a previously denied application. No decision of the Development Services Director shall be effective until a period of 7 days has elapsed following the written notice of a decision; an appeal of the decision shall be filed according to the procedures set forth in TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE. lol Enforcement authority. (1) The Planning Commission may require the modification or revocation of any planning application and/or pursue other legal remedies as may be deemed appropriate by the City Attorney, if the Planning Commission finds that the use as operated or maintained: a. Constitutes a public nuisance as defined in State Civil Code Sections 3479 and 3480; or I Does not comply with the conditions of approval, (2) The modification or revocation of any permit by the Planning Commission under this subsection shall comply with the notice and public hearing requirements set forth in subsections (c) and (d). The Development Services Director may require notice for a development review or minor modification, if deemed appropriate. (p) Amendment to a planning application. Any approved planning application may be amended by following the same procedure and fee schedule as required for the initial approval. (q) Concurrent processing. Unless otherwise stated in this Zoning Code, applications for proposed projects which require two or more planning application approvals may be processed concurrently Final project approval shall not be granted until all necessary approvals have been obtained. C CHAPTER IV CITYWIDE LAND USE MATRIX Sec. 13-30. PURPOSE The purpose of this chapter is to provide a comprehensive list of uses which are permitted, conditionally permitted, or prohibited in the various zoning districts, as represented by Table 13-30, LAND USE MATRIX. In evaluating a proposed use, the following criteria shall also be considered: la) Uses determined as permitted may be subject to a discretionary review when construction is proposed, pursuant to CHAPTER III PLANNING APPLICATIONS. (b) Uses proposed in the Planned Development zones are subject to verification of consistency with the master plan adopted for Planned Development zones. A proposed use not expressly allowed by the adopted master plan may require additional discretionary review pursuant to Table 13-30, LAND USE MATRIX. Ic) All listed uses in the matrix are subject to verification of compliance with density and floor area ratio limits, parking requirements and performance standards which may, in certain cases, prevent the establishment of the use. Id) Any proposed use not listed in the LAND USE MATRIX shall be reviewed by the Development Services Director to determine its similarity to another listed use. If no substantial similarity exists, the proposed use shall require approval of a conditional use permit prior to establishment of the use. (e) For the purpose of Table 13-30, LAND USE MATRIX, the various zoning districts are labeled as follows: • Residential zones: R1, R2 -MD, R2 -HD, and R3 • Commercial zones: AP, CL, C1, C2, C7 -S, and TC • Industrial zones: MG and MP • Planned Development Residential zones: PDR -LD, PDR -MD, PDR -HD, and PDR -NCM • Planned Development Commercial zone: PDC • Planned Development Industrial zone: PDI • The Parking zone: P • Institutional and Recreational zones: I & R and I & R -S If) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable. 31 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 TM M P P P P P P 1 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' 1' R' R D D L M H N S D' D' D' C M t RESIDENTIAL USES Single-family units P° P P P P P P P P P Multi -family unitsP P P P P P P P P Mobile home parks C C C C C C C C C Single room occupancy residential hotel. . . . . . C C . . . . . . . . . . . . . (subject to City Council Policy 500-5) ACCESSORY USES Accessory apartments (subject to the P' . . . . . . . . . . . . . . . . . . . . requirements of Section 13-35 ACCESSORY APARTMENTS) Animals, keeping of SEE TITLE 3, ANIMALS AND FOWL Antennas: Amateur radio, Satellite dish, SEE CHAPTER IX, ARTICLE 2, ANTENNAS Communication Accessory commercial uses in transitional P' . . . . . . . . . . . . . . . . . . . . area (854-1014 W 19"Street, EVEN numbers only, and 1903 Federal Avenue and subject to CHAPTER IX, ARTICLE 11, TRANSITIONAL AREAS) Family day care -large (8-14 children) P' P' P' P' P2 P2 P' P' P', P', P (subject to the requirements of Section 13- ' 3 37 LARGE FAMILY DAY CARE HOMES) Family day care - small (up to 7 children) P P P P P P P P P3 P3 P Day care facilities (15 children or more) c c C C C C C C C C C C C C C C C C C P Islas also nurser schools) 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 Iss 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 Condmmnal 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 TM 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' Rt R D D L M H N S D' Of D' C M 1 Garage/yard sales - no more than 2 events P P P P P P P P Pa Pa permitted a year, not to exceed 3 consecutive days Granny units (subject to the requirements P2 . . . . . . . . . . . . . . . . . . . . of Section 13-36 GRANNY UNITS) Home occupations (subject to the P2 P' P2 P'e aP2 P2 P2 P2 P2. P2' requirements of CHAPTER IX, ARTICLE 6, 3 a HOME OCCUPATIONS) Home occupations that generate traffic and M M M M • M M M M M M do not involve more than one cz C2 C2 C2 c2 C' cz C' C2. C2. customer/client at a time or more than 8 a 2 customers/clients per day (subject to the requirements of CHAPTER IX, ARTICLE 6, HOME OCCUPATIONS) Renting of room and board for 3 or fewer P P P P P P P P Ps Pa arsons per unit Renting of room and board for 4 or more C C C C C C C C C' C' arsons per unit Temporary real estate offices (subject to P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 the requirements of CHAPTER IX, ARTICLE 10, TEMPORARY TRAILERS) 33 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 TM M P P P P P Is I I P 1 2 2 3 P L 1 2 1 C' G P D D D D D D & & MH S' R R R R C' 1' R' R D D L M H N S D' D' D' C M STATE REGULATED CARE FACILITIES Note: All state regulated care facilities shall be properly licensed by the State as a condition of approval, when appropriate, and prior to the issuance of a certificate of occupancy. The following state regulated care facilities P P P P • • • P P P P Pa Pa P which serve 6 or fewer persons: Alcoholism recovery facility Congregate living health facility Facility for mentally disordered, handicapped persons, or dependent and neglected children Intermediate care facility/developmentally disabled habilitabve Intermediate care facility/developmentally disabled nursing Residential care facility Residential care facility for the elderly Residential facility State regulated care facilities listed above C C C C C C C P which serve 7 or more parsons State regulated care facilities not listed C C C C C C C P above INSTITUTIONAL AND RECREATIONAL USES CemeteriesC . . . . . . . . . . . . . . . . . . . . Churches and other places of religious C C C C C C C C C C C C C C C C C C P C assembly Civic and community clubs C C C C C C P P P P C C C C C C C C C Convalescent hospitals; Nursing homes C C C C C C C P Country clubs; golf courses C C C C C C C C P C 34 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 CT 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 & & MH S R R R R C' I' R' R D D L M H N S D' D' D' C M Crematories - See also Mortuaries services. . . • . • . . • . . . . • . . . Fairgrounds; Outdoor festival (permanent) . . . . . . . . . . . . . . . . . . C . . Hospitals, general. . . . . . . . . . . . . . Libraries C C C C C C C C C C C C C C C C P C Mortuary services without crematories C C C C C C C • C ar Nursery schools - see also day care facility C C C C C C C C C C C C C C C C C C C P for 15 or more children Parks and playgrounds C C C C C C C C C C C P P Public offices and facilities, such as city C C C C C C P P P P C C C C C C C C P halls, courthouses,police/fire stations, etc. Schools: primary, secondary and colleges C C C C C C C C C C C C C C C C P Schools: trade and vocational P C P P Senior congregate care facilityC C C CC C C C C Swapmeets . . . . . mmac . . • . • C C . Work furlough facilityC C C C C SPECIAL SEASONAL EVENTS Christmas tree lots; Pumpkin patches; P' P' P2 P' P2 P' P' P' P' P' P' P' Fireworks stands; Produce stands (subject to the requirements of TITLE 9, CHAPTER II, REGULATION OF CERTAIN BUSINESSES) COMMERCIAL AND INDUSTRIAL USES Acupressure; Massage (subject to the P' P' P' P' P' P2 P' requirements of TITLE 9, CHAPTER IV, t ADULT ENTERTAINMENT BUSINESSES) 35 1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified ,n 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 fallowing meaning C Conditional Use Permit; MC Minor Conditional Use Permit, P Permitted; • Prohibited TABLE 1340 -DE CO . IMA.L USE 1111111111011111i e... _ rI€' 1' 'R *` V 1f -, i'7+ P P 0 0 '1 -&' P -L `'l iL'�',4 � �,` �"��,. ,.� � D D O D D ' -V'11 :D L M H R '8- D' Bit V C M t Adult businesses (subject to the. • • • • • P' P' P' • • • • • • • P2 • • • requirements of CHAPTER IX, ARTICLE 1, ADULT BUSINESSES) Aggregate batch plants; Rock or asphalt • • • • • • • • • • • • • • • • • • • • • crushing; Sand blasting Ambulance services C C C C C C C C C C Amusement centers (subject to the C' C' C' C' C' Cz C' C' requirements of CHAPTER IX, ARTICLE 5, ELECTRONIC GAME MACHINES) Animal hospitals; Veterinary services C C P P C C C P (Kenneling only when incidental to principal hospital use) Animal shelters, pounds, kennels, training C C C C schools Artists, sculptors studios P P P P P P P P P I P Auction houses C C C C C C C C Automobile - See Motor vehicle Banks; Savings and Loans; and other • P P P P P P C C C P C Financial institutions Bars; Nightclubs - See Establishments where food or beverages are served Barber and beauty shops P P P P P C C C P C Billiards parlors C C C C C C C C C C C Botanicalgardens; Zoos C C C C C Bowling centers C C C C C C T 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 rAWE 0-84 MY DE CMA MOSA WWI DEE R1A - - —O ". # II -'-C .A+ C C G U` T P P P --P P i i . . L. 't t t G' g P D D D D f"t1 D RF- H. ST R R R R -G' h Rt '# V D E M H # .S. D' Df D' C j M Breweries; Distilleries •• • • • • • • • • C C • • • • • • • • • Breweries, micro (in conjunction with C C C C C C C C C C C establishments where food or beverages are served) Building supplies; Hardware stores (retail). • • • • • • P P • • • • C C C C • • • • Business services, including bookkeeping, P P P P P P P P P P accounting, data processing Car washes C C C C C C • C C C C C Carts - Outdoor retail sales in conjunction M M M M M M M M M M M M M with an established business C C C C C C C C C C C C C Catering M P P P P P P P C Coffee roasting C C Coffee roasting lin conjunction with M M M M M M M M M M M establishments where food or beverages are C C C C C C C C C C C served) Commercial art; Graphic design M P P P P P P P P P C Commercial testing laboratories • • • • • • • • • • P P • • • • • P • • • Computer and data processingP P P P P P P P P P Contracting: General contractors; Operative C C P C P P P builders Convenience stores; Mini -markets C C C C C C C C De artmeni stores (retail) P P P P C S 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 WtBLE 78.60 - MY OF COSTA D _ 44 t! i', 2 : `t 2 1 �d';0 P "P ' �1k D : D D $c ell:. Dt D'- M C -' M t Electronic game machines K or morel, • • M M M M M M M • M M M M M incidental to the primary use (subject to the C' C' C' C' C' C' C' C' C' C' C' C' requirements of CHAPTER IX, ARTICLE 5, ELECTRONIC GAME MACHINES) Engineering; Architectural; and Surveying P P P P P P P P P P P P P services Entertainment, live or public SEE TITLE 9, ARTICLE 11, SEE TITLE 9, ARTICLE 11, REGULATORY PERMITS FOR PUBLIC REGULATORY PERMITS FOR PUBLIC ENTERTAINMENT ENTERTAINMENT Establishments where food or beverages are SEE CHAPTER V, ARTICLE 4, SEE CHAPTER V, ARTICLE served ESTABLISHMENTS WHERE FOOD OR 4, ESTABLISHMENTS BEVERAGES ARE SERVED WHERE FOOD OR BEVERAGES ARE SERVED Exhibition of products produced on premises P P P P P P P P P or available for wholesale distribution Flower stands - See also Carts M M M M M M M M M M M M M C C C C C C C C C C C C C Furniture repair and refinishing withC . . . . . . P P . P P . . • . . P . . . incidental sales Grocery stores - See Supermarkets; • • • • • P P P P • • C C C C Convenience stores; or Liquor stores Hazardous waste facilities, Off -Site Isubject C' C' C' C' C' C' C' C' C' to CHAPTER IX ARTICLE 9, OFF-SITE HAZARDOUS WASTE FACILITIES( Heliports; Helisto s C C C C C C C C 1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. 2. This use is subject to the requirements of the referenced Municipal Code article or section 3. If residential uses exist, accessory uses shall be permitted 4. For the purposes of this table, the symbols in the non shaded areas shall have the following meaning. C Conditional Use Permit; MC Minor Conditional Use Permit, P Permitted; • - Prohibited TABLE 11V, CITY OCS9EA MESA LAW VW N: E.:$ R 'h" _-- A E C G "0 :i' TA1,4 -P. P i ' R R" "R Cd - #t Bf' B oa Ot C M t Hotels- see also Motels • • • • C C C P C C C P Landscape services (installation and maintenance)C • • • • • C P P • P P • • • • • P • • • Laundry, cleaning and garment services, • C P P P P P P C C C P P including lams Leather tanning and finishingC • • • • • . • • • • C • . • • • C • • • Limousine services C C C C C C C C C Liquor stores C C C C C C C C C Lumber and building materials dealers, • • • • • • • • • • P P • • • • • P • • (wholesale) Manufacturing: Light, (subject to section 13-54(a) P P P Performance standards) EXCEPT the following which are prohibited: Manufacture of fertilizer Manufacture of products involving the use of explosives Manufacture of rubber (include tires), steal Manufacturing of chemical products, paints, C C • C pharmaceuticals, and plastics (subject to Section 13-54(a) Performance standards) 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, of the proposed use ,s 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 TAZbE 1'3 CRl' CP COSTA USA (.AND' _ •-24. .SS it R':A =C C C C'. +T A�' P . PP- �7-, t2 2 , 1 2 tCa 6 P:D D D D D .-' '" gt "R R R R C' P Rf ' 6t Dt W C IIA 1 Manufacturing of stone, clay, glass and. . . . . . . . . . P P . . . . . P . . . Concrete products (subject to Section 13-54(a) Pertormance staMardsl EXCEPT the following which are prohibited: Manufacture of flat glass Manufacture of cement and structural clay products Mamdacture of concrete, gypsum and plaster products Manufacture of abrasive and asbestos products Manufacture of nonclay refractories and crucibles Processing and preparation of clay, ceramic and refractory minerals Manufacturing or processing of foods andP . . . . . . . . . . P . . . . . P . . . beverages (subject to Section 13-54(e) Performance standards) EXCEPT the following which are prohibited: • Meat and poultry packing plants • Grain mills • Sugar refining Fats and oils processing mills *roasting) • Seafood canneries and packaging (See also Breweries; Distilleries; Coffee Massage - see also Acupressure (subject to . . . . P2 P' P' P' P' P2 . . . . . . P' . . . . the requirements of TITLE 9, CHAPTER IV, ADULT ENTERTAINMENT BUSINESSES) Medical laboratories C C P P C C C C Metal fabrication, welding, foundry, die Jpp P P castor (subject to Section 13-54(all 40 1. Uses proposed in this zona 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 permmed 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 PP 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 & & MH S' R R R R C' 1' R' R D D L M H N S D' D' D' C M Motels- (subject to requirements of. • • . • • • • • • . . . • . . • • • CHAPTER IX, ARTICLE 8, MOTELS) (See also Hotels) 11 Motion picture and television studios . . . . . . . C . . P P . . . • P P • • . Motion picture theaters and other theaters. . . • . . • • • • • • . • • • NOT WITHIN 200' of residential zones Motion picture theaters and other theaters. . . . . . C C C C . . . • . • C . • . . WITHIN 200' of residential zones Motor oil, used - collection facility (subject P2 P2 P2 P2 P2 P2 P2 P2 P2 to the requirements of CHAPTER IX, ARTICLE 9, OFF-SITE HAZARDOUS WASTE FACILITIES) Motor vehicle sales, leasing, rental and C C C C C C C C service; Motor vehicle, boat; and motorcycle dealers Motor vehicle service stationsC • • • . • • C C • . . . . . . C . . • • Motor vehicle service stations with . . • . • • C2 C2 C2 • • • • • • • C2 . • • • concurrent sale of alcoholic beverages (subject to requirements of CHAPTER IX, ARTICLE 3, CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL) Motor vehicle; Boat; and Motorcycle repair P P P P P P P services (including body and paint work). NOT WITHIN 200' of residential zone 41 I Uses proposed in this zone are subject to verification of consistency with the adapted 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 TM M P P P P P P 1 I P 1 2 2 3 P L 1 2 1 C' G P D D D D D D & & M H S1 R R R R C' 1' R' R D D L M H N S D' Or D' C M t Motor vehicle; Boat; and Motorcycle repair • • • • • . C C C • C C . . • • C C • • • services (including body and paint work), WITHIN 200' of residential zone Nurseries (retail with no bulk fertilized• . • • • C C P P • C C • • • • • . . . • Offices- see also Business services and Engineering; Architectural; and Surveying services Offices: Central administrative P P P P P P P P P P Offices: General P P P P P P C C C C C P P Offices: Management; Consulting and public 0 P P P P P P P P C C C P P relations Offices: Medical and dental P P P P P P • C C C P C C Off-street parking lots and structures C C C C C P C C C C C C C P including related maintenance buildings Off-street parking lots and structures, • M M M M M M M M M M M M M M incidental uses within C C C C I C C C C C C C C C C Oil fields; Oil wells (see CHAPTER XIV, OIL . • . . . • • • • . . . . • . • • • • • • DRILLING) Photocopying; Blueprinting and related P P P P P P P P P services Photofinishing laboratories. • • • . . • . . • . . • • • Photofinishing storesP • . . . • P P P P • • • . • . P P • • • Photography- Commercial M M M P P M M M P M C C C C C C C Photography- Portrait studio P P P P P P P M C 42 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 he compatible with the adopted master plan. 2 This use is subject to the requirements of the referenced Municipal Cade 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 1 1 P 1 2 2 3 P L 1 2 1C' 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 M t Physical fitness facilities C C C C C C C C Printing and publishing is is C P C C P P P P Recording studios • • C C C M M C Mis C C C Recycling and collection facilities for M M M M M M M M M M nonhazardous materials C C C C C C C C C C Research and development laboratories C C C P C C P P P Restaurants - See Establishments where food or beverages are served Retail: General - See also Supermarkets, P P P P P C C C P C Grocery stores, Convenience stores; or Liquor Stores Retail, incidental sales to the main use P P P P P P M M P P P P M C C C Retail: Nonstore is is P P P P P P P P P P P P P Rifle, pistol, and firing ranges C C C Skating rinks C I C I C C C C C C C C C Storage of chemicals and allied products . . . . . . . • • . • . . . . . . . . . . except as incidental use) Storage of explosives . • . . . . . . . . . . . . . . . . . . . Storage of fertilizer • • •is is C Storage of motor vehicles (not mcludir, C C C • M M C Misis impound yard) C C C Storage of petroleum and coal productsis 43 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 nuadential 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 1330 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' O P D D D D D D & & MH S1 R R R R C' I' R' R D D L M H N S D' D' D' C M t Storage of rock, sand, crushed aggregate • • • • • C C and gravel Studios: Dance; Martial arts; Music, etc. P P P M C C C C C P C C Supermarkets - See also Grocery stores P P P P • C C I C C Tattoo parlors C C C C Tire sales and installation NOT WITHIN 200 P P P P P P P feet of residential zone Tire sales and installation WITHIN 200 feet M M M M M M M of residential zone C C C C C C C Tow companies with or without impound C C C M M M and C C C Transfer station for refuse, sewage. . . • . . . . • • C C • • • • • C C • • treatment Trucking: Local and long distance. • • • • • . • . • P P • • • • • C • • • Warehouses, Mini (subject to the . • • • • • C2 C2 C' . M M • • • • • M • . . requirements of CHAPTER IX, ARTICLE 7, C2 C' C2 MINI -WAREHOUSES) Warehouses, Public • • • • • • C C C • P P . . • • • P • . . Warehousing of durable and nondurable• • • . • • . • • • P P • • • • • P • • • goods EXCEPT livestock and poultry - See also Storage Wholesale trade of durable, nondurable M M P P P P Is P P P P P goods, EXCEPT livestock, poultry and C C perishable goods 44 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 CHAPTER V DEVELOPMENT STANDARDS ARTICLE 1 RESIDENTIAL DISTRICTS Sec. 13-31 PURPOSE The purpose of this article is to achieve the following: (a) Ensure adequate light, air, privacy and open space for each dwelling unit. (b) Minimize traffic congestion and avoid overloading of public services and utilities. lc) Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke and other objectionable influences. (d) Locate development which retains the scale and character of existing residential neighborhoods and facilitates the upgrade of declining and mixed -density residential neighborhoods. Sec. 13-32. DEVELOPMENT STANDARDS Table 13-32 identifies development standards in the residential zones. See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements for all the residential zones. Sec. 13-33. ACCESSORY BUILDINGS AND STRUCTURES (a) Accessory buildings or structures constructed closer than 75 feet from the front property line or on the front ane -half of the lot, whichever is less, shall be reviewed by the Planning Division for adequate screening and compatibility with the main structure. (b) Underground structures including fallout shelters shall be allowed to be constructed on any part of the lot provided they are built below grade level. Sec. 13-34. BLUFF -TOP DEVELOPMENT No building or structure shall be constructed closer than 10 feet from a bluff crest, unless permitted by a minor conditional use permit. Approval of the minor conditional use permit requires satisfaction that the building or structure will not: (a) Endanger stability of the slope; (b) Substantially interfere with access for fire protection; and (c) Detract from the identity and integrity of the bluffs. 45 TABLE 1332 RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS RI R2 -MD R2 -HD R3 Minimum Lot Area 6,000 square feet 7,260 square feet 6,000 square feet 6,000 square feel Minimum Lot Width Interior lot: 50 feel Comer lot: 60 feet Maximum Number of 2 stones/30 feet Lofts without exterior access having only clerestory windows will not be regarded as a story. Stories & Building Height Maximum Density l dwelling unit per 6,000 square fat 1 dwelling unit per t dwelling wit per I dwelling unit per 2,178 (Based on gross 3,630 square feet 3,000 square feel square feu acreage.) (Note: Only I dwelling unit is permitted per lot.) I mar per 3,000 square feet for legal lots existing as of March 16, 1992, that are less than 7,260 square feet an area but not less than 6,000 square feet in area. Minimum Open Space 40% of total lot area 40% of total lot area. (May be reduced to 36% if 10% of driveway & parking area consists of decorative paving and current parking standards are met). Distance Between 10 -foot minimum between main buildings Buildings 6-fom minimum between main buildings and accessory sticmres Driveway width 10 -foot minimum Same as Rl, except 16 -foot minimum driveway is required if the driveway serves lerun6 and/or guest parking for more than one dwelling and. SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setbacks gram streets are measured from the ultimate property line shout/ an the Master Plan of Highways). Front 20 feet Side Interim Lot: 5 feet on both sides. Note: Accessory structures that do not exceed 6'h feet in height in the RI zone or 15 feet in height in the other residential zones may have a zero side setback. Comer Lot: 10 feet on street side; 5 feel on other side. On comer has, no detached accessory sticture shall be constructed closer than the main suture to the side property line abutting the street on the same lot. Rear (rid abutting a 20 feet for 2 story structures. 15 feet for 2 story publicly dedicated 10 feet for i story structures (15 foot maximum height) provided that maximum rear yard mactures alley) coverage is not exceeded. 10 feet for I story structures (15 -foot Note: Accessory intimates that do tat exceed 6'h feet in height in Ne RI zone or 15 feel in maximum heigh 1. height in the R2 zones may have a zero rear yard setback, except on corner lots in the R2 zones. Nate: Accessory structures that do not exceed 15 feet Comer lots in the R2 -MD. R2 -HD & R3 zones in height may have a zero rear yard setback, except a. Where the rear property line of a comer lot adjoins the side property line of another lot, on corner lots (see R2 -MD no detached accessory sticture shall be allowed on the comer lot, except within and R2 -HD column for the rear quarter of the comer lot farthest from the side street. setbacks for comer lots) b Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main stmdures 46 TABLE 13-32 RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS R1 I R2-MD R2-111) R3 Rear Yard Coverage Main Buildings: 25% of rear yard area * Not applicable (Maximum) Accessory Buildings 50% of rear yard area * * Rear yard area equals lot width, measured from side property line in side property line, multiplied by 20 feet. Rear Abutting a 5 feet, however, garages may be required to setback Posher to ensure adequate back up distance Rear Yard Coverage does Publicly Dedicated not apply Alley Now: Accessory structures that do not exceed 6'A feet in height in the RI zone or 15 feet in height in the other residential zones may have a zero rear yard setback, except on comer lots in the R2 and R3 zones where accessory structures shall mamtam setbacks for main structures. Bluff Top Setback No building or structure closer than 10 feet from bluff crest late Section 13-34 BLUFF-TOP DEVELOPMENT). PROJECTIONS (Maximum depth of projections given) Roof or Eaves 2 fet 6 inches into required side setback or building separation area. Overhang. Awning 5 feet into required front or rear setback. Open, unenclosed 2 feet 6 inches into required setback or building separation area. stairways Fireplaces 2 feet into required setback or building separation area. PARKING (See Chapter VD. LANDSCAPING (Chapter VIT). SIGNS (Chapter VDD. FENCES AND WALLS Fences within 10 feet of front property line. Solid and opaque wall or fence: 30 inches maximum height. Wrought iron or other non-opaque metal fencing: 6 foot maximum height. See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information Fire Fences trot within 10 feet of front property line 6 feet maximum height. See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of chapter for fnmformation. 47 Sec. 13-35. ACCESSORY APARTMENTS Requests for the construction of, or conversion to, accessory apartments shall be submitted to the Planning Division for development review approval. Accessory apartments shall meet the criteria specified in State Government Code Section 65852.2 and the following criteria: (a) One dwelling unit on the property shall be owner occupied. A "Notice and Declaration of Land Use Restriction" to this effect shall be signed and recorded prior to issuance of building permits for the accessory apartment. (b) Accessory apartments shall be limited to those lots large enough to support 2 units without exceeding the General Plan density of units per acre for the lots on which they are to be located. (c) Two open parking spaces shall be provided for the accessory apartment. (d) Accessory apartments shall comply with this Zoning Code's required setbacks for main buildings shown in Table 13-32 and shall be located a minimum of 10 feet from any main building and a minimum of 6 feet from any accessory building. Sec. 13-36. GRANNY UNITS Requests for the construction of, or conversion to, granny units shall be submitted to the Planning Division for development review approval. Granny units shall meet the criteria specified in State Government Code Section 65852.1 and the following criteria: (a) A "Notice and Declaration of Land Use Restriction" outlining the occupancy limits for the granny unit per State Government Code Section 65852.1 shall be signed and recorded prior to issuance of building permits for the granny unit. Ib) Two open parking spaces shall be provided for the granny unit. (c) Granny units shall comply with this Zoning Code's required setbacks for main buildings shown in Table 13-32 and shall be located a minimum of 10 feet from any main building and a minimum of 6 feet from any accessory building. Sec. 13-37 LARGE FAMILY DAY CARE HOMES Applications for large family day care homes shall be submitted to the Planning Division for development review per CHAPTER III PLANNING APPLICATIONS, prior to the commencement of the use. Pursuant to Section 1597 46 of the State Health and Safety Code, a large family day care home shall not be subject to provisions of the California Environmental Quality Act. Sec. 13-38. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR THE MULTIPLE -FAMILY RESIDENTIAL DISTRICTS (a) Straight -in driveways to garages shall have a minimum length of 19 feet from the ultimate property line. (b) Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is provided within the garage or carport it shall be located so as not to obstruct the required clear dimensions of the covered parking space (per the City of Costa Mesa Parking Design Standards) up to a height of 4 feet above the finished surface level of the parking stall. (c) If the proposed residential project is to be located in proximity to a freeway, major arterial, airport or any other source of significant noise, an acoustical evaluation of the working drawings may be required to be submitted by an acoustical engineer for approval by the City. The noise levels shall certify that the construction will reduce interior noise levels to 45 CNEL and exterior noise levels to 65 CNEL. 48 Idl All newly created lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width, with the exception of common interest developments. lel Additional conditions or special requirements may be reasonably applied by other City departments (e.g., Fire Department) to ensure that the proposed residential development is compatible and harmonious with existing developments in the vicinity, and to protect the public health, safety and general welfare. If such conditions are applied, the conditions must be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of the appropriate department prior to final occupancy. 49 ARTICLE 2. COMMON INTEREST DEVELOPMENTS Sec. 13-39. PURPOSE The purpose of this article is to regulate the placement of residential common interest development projects consistent with the form of ownership and occupancy of such projects pursuant to applicable laws for the general health, safety and welfare of the public. Sec. 1340. PLANNING APPLICATION REQUIRED (a) Common interest development projects are permitted in appropriate residential or planned development zones, subject to the approval of the following planning application, as applicable. This requirement is in addition to other permits or certificates required by law (1) All new residential common interest development projects shall be processed according to the development review procedures contained in CHAPTER III PLANNING APPLICATIONS. 121 Conversion of occupied or previously occupied apartment complexes to residential common interest development projects shall be subject to Section 13-42 RESIDENTIAL COMMON INTEREST DEVELOPMENT CONVERSIONS and shall be processed according to the residential common interest development conversion procedures contained in CHAPTER III PLANNING APPLICATIONS. (3) Conversion of newly constructed apartment complexes, that have never been occupied, to residential common interest development projects shall be subject to Section 13-41 NEW RESIDENTIAL COMMON INTEREST DEVELOPMENTS and shall be processed according to the development review procedures contained in CHAPTER III PLANNING APPLICATIONS. (4) All residential common interest development projects require the approval of tentative or final tract or parcel maps as required by law. A tentative tract map or parcel map shall not be required until either a development review or residential common interest development conversion has been approved; however, the map may be processed concurrently (b) No person shall construct, sell, lease, convey, maintain or use a common interest development project within the City without first complying with the provisions of this article. Sec. 13-41 NEW RESIDENTIAL COMMON INTEREST DEVELOPMENTS (a) Applicability The provisions of this section shall apply to all proposed new residential common interest development projects. (b) Development standards. Projects shall comply with all applicable standard plans and specifications and adopted City and State codes, as well as the following provisions: (1) The project shall be comprised of a minimum of 3 dwelling units. (2) The maximum density of a project approved pursuant to this article shall not exceed the maximum established for the residential district where the project is proposed. 13) Building separation shall be designed to provide adequate light, air and privacy, but shall in no case be less than 10 feet. (4) The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations. (5) All structures proposed to be constructed within a project shall conform to the following requirements: Structures having dwelling units attached side by side shall avoid the long -row effect by being composed of no more than 6 dwelling units. Alternative designs which accomplish the same purpose may be approved by the Planning Division. b. Structures having dwelling units attached side by side shall avoid the long -row effect with a break in the facade by having an offset in the front building line of at least 4 feet for every 2 dwelling units within such structure. Alternate designs which accomplish the same purpose may be approved by the Planning Division. C. Consideration shall be given to the effect of proposed development on the light, air and privacy of adjacent properties. (6) Minimum open space for common interest development projects shall be 40 per cent of the lot area. a. Common open space areas shall be designed and located within the development to allow maximum use by all residents of the project. Enclosed buildings used for recreation or leisure facilities should not be used to satisfy more than 15 per cent of required open space. b. Private open space. An adjoining private patio, with no dimension less than 10 feet, shall be provided for each unit. C. Required open space may be reduced to 36 per cent of the total lot area if at least 10 per cent of the driveway and required open parking is paved in a decorative nature and the parking meets current standards. (7) The required parking for common interest development projects shall be provided per CHAPTER VI OFF-STREET PARKING STANDARDS, ARTICLE 1 RESIDENTIAL DISTRICTS and automatic garage door openers shall be required for each garage. (8) A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits. (9) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the association's covenants, conditions and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of 6 foot high opaque fences and permanently maintained landscaping. 110) No exterior television antenna shall be permitted, but a common underground cable service to all dwelling units may be provided. (11) The developer shall install an on-site lighting system in all parking areas, vehicular access ways and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the Development Services Department. 51 (12) All projects approved subject to this article shall be exempt from the minimum lot area standards established in ARTICLE 1 RESIDENTIAL DISTRICTS of this chapter (13) All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a homeowners association. This lot shall be used for common driveways, parking areas and at least 10 feet of street setback landscaped areas. (c) Documents required. 11) A project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and common facilities pursuant to State law (Civil Code 1350- 1359). No such documents shall be acceptable until approved by the City Attorney as to legal form and effect, and by the Planning Division as to suitability for the proposed use of the open areas. (2) The developer shall file a declaration of covenants to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to, the following: a. The homeowners' association shall be established prior to the sale of any unit(s). b. Membership shall be mandatory for each buyer and any successive buyer. C. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept open and available for tenant parking shall be written into the covenants, conditions and restrictions for each project. d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development. e. The declaration of covenants shall contain language or provisions substantially as follows: "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined. "In the event the association or other legally responsible personlsl fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law " Sec. 13-42. RESIDENTIAL COMMON INTEREST DEVELOPMENT CONVERSIONS (a) Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied apartments or other similar existing developments to residential common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in Section 13-41 NEW RESIDENTIAL COMMON INTEREST DEVELOPMENTS. (b) Findings and critical vacancy rate applicable. 52 (1) The City Council finds and declares that, when the vacancy rate for apartments being offered for rent or lease in the City is equal to or less than the critical vacancy rate as established in subsection (c), that a housing shortage exists. A housing shortage is inconsistent with the declared goals and objectives of the Housing Subelement of the General Plan. (2) The City Council further finds that the conversion of existing apartment buildings into common interest development projects may diminish the supply of rental housing and displace residents unreasonably. (3) To avoid the foregoing problems and to reduce the displacement of long-term residents, particularly senior citizens and low- and moderate -income families and families with school-age children, the City Council finds and declares it necessary and proper to regulate such conversions by the provisions herein for the health, safety, and welfare of the general public. The Planning Division shall present to the Planning Commission vacancy statistics from the most recent data compiled by either the U.S. Department of Housing and Urban Development or other governmental agency. The Planning Commission shall determine the apartment vacancy rate for the City based on the most current data available. (c) Critical vacancy rate. The City Council hereby establishes that the critical vacancy rate is 3 per cent. Id) Inspection fee. There shall be an inspection fee, established by the Building Division, to determine compliance of the existing units with all appropriate building codes. (e) Documents required. The following documents are required in addition to those set forth in Section 13-41(c) NEW RESIDENTIAL COMMON INTEREST DEVELOPMENTS. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with State agencies. 11) Applicant shall provide written proof of compliance with the requirements of applicable State statutes regarding the rights of existing tenants of the project. (2) Applicant shall submit a detailed "property report" describing the date(s) of original construction, present useful life of the roof, foundations, mechanical, electrical, plumbing and existing buildings or structures in the project. The report shall be prepared and certified to by a registered civil or structural engineer or licensed architect. (3) The applicant shall submit a structural pest report prepared and certified by a licensed structural pest control operator (see State Business and Professions Code Section 8516). (f) Review procedures. The following are processing requirements in addition to those set forth in CHAPTER III PLANNING APPLICATIONS. (1) Upon receipt of the application and all required documents, the Planning Division shall submit copies of applicable reports or documents to the Fire Department, Building Safety Division and other appropriate departments. (2) The Development Services Director shall require an inspection of all buildings and structures in the existing development. An inspection report shall be prepared at or under his/her direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous. (3) The Fire Marshal shall inspect the project to determine the sufficiency of fire protection systems serving the project and report on any deficiencies. 53 14) The Planning Division may submit copies of such documents required in subsections (2) and (3) to other departments for their review and requirements. 15) The Planning Division shall review the property report submitted by the applicant and may require its revision and resubmission if found inadequate in providing the required information. (6) The Planning Division shall keep and maintain the copies of all required reports, as public records, for no less than 5 years, and shall send copies to the California Real Estate Commissioner as may be required by law. (7) A final inspection report shall be made by the Building Official, upon request of the applicant, indicating the compliance with all the imposed requirements. (g) Approval criteria. (1) The Planning Commission shall utilize the development standards and requirements of this article as criteria in the approval of the conversion as herein provided. (2) No residential common interest development conversion shall be approved until all required documents have been submitted, reviewed and found to comply with the provisions of applicable State law and this Zoning Code. (3) All dwelling units may be required to comply with current requirements for energy insulation, sound transmission control and fire detection systems. 54 ARTICLE 3. COMMERCIAL DISTRICTS Sec. 13-43. PURPOSE The purpose of this article is to achieve the following: (a) Provide adequate space to meet the needs of commercial development. (b) Minimize traffic congestion and avoid overloading of utilities. (c) Protect "sensitive" areas from excessive noise, illumination, unsightliness, odor, smoke and other objectionable influences associated with commercial areas. (d) Promote high standards of site planning and landscape design for commercial development. See. 13-44. DEVELOPMENT STANDARDS Table 13-44 identifies development standards for the various commercial zones. See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements. Sec. 13-45. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR THE COMMERCIAL DISTRICTS (a) All newly created lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width. (b) 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 S FLOOR AREA RATIOS of this chapter (c) If a master plan is required for a project, all development must conform to the master plan as approved by the final review authority Id) Additional conditions or special requirements may be reasonably applied by other City departments to ensure that the proposed development is compatible and harmonious with existing development in the vicinity and to protect the public health, safety and general welfare. If such conditions are applied, the conditions must be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of the appropriate department prior to final occupancy 55 TABLE13d4 COMMERCIAL PROPERTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS P I AP I CL C1 I C2 I CIS TC Minimum Lot Area 6,000 square feet 12,000 square 5 acres 20 acres feet Mununum Lot Width Interior Lot. 50 feet 60 feet None Comer Lot 60 feet Maximum Floor Area Rano Refer to Chapter V Article 8 FLOOR AREA RATIOS, Maximum Building/Structure 2 stories/30 fee[ None Heigh[ SMACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, indent otherwise noted. All setbacks from streets are measured Prom the ultimate property line shown on the Muster Plan of Highways.) From 20 feel Side (Interior) 15 feet on one side and 0 feet on the other side. None Fxrepnon: If the side property line is adjacent to a residential zone, all buildings shall maintain a side setback of 2 times the budding height at all Imat mia Rear (Interior) 0 feet None Exception. If the rear property lune is adjacent to a residential zone, all buildings shall maintain a rear setback of 2 times the budding height at all locations. Side or Rear abutting a public 20 feet for secondary, primary or major streets per the Master Plan of Highways 20 feet sheet 15 feet for all other streets PROJECTIONS (Maxmrum depth of projections given) Roof or Eaves 2 feet 6 inches into required side setback None overhang; Awnmg 5 feet into required front or rear setback. Open, unenclosed Stairways 2 feet 6 inches into required setback area None PARKING (See Chapter VI). LANDSCAPING (See Chapter VU). SIGNS (See Chapter VIM. ADDITIONAL DEVELOPMENT STANDARDS Planned Signing Program Not required Required (see CHAPTER VIII SIGNS). Master Plan Not required Required- The final review authority is the Planning Commission in the CI -S zone and the City Council in the TC zone (see CHAPTER III PLANNING APPLICATIONS). Uses Underroof All uses shall be conducted underroof except as allowed by a minor conditional use permit Exception: Sidewalk and parking lot sales may be allowed for a maximum of 4 sales per fiscal year with a maximum length of 3 days per sale and subject to obtaining a business permit. Outdoor Storage Permitted when: Storage does not interfere with required parking or vehicular access, storage is not in (incidental to the main use) required setback area abutting a public right-of-way; storage does not decrease required landscaping; storage is completely screened from view from street or adjacent properties; storage complies with all applicable codes and regulations including, but not limited to, the Umf ams Fire Code Storage not meeting these criteria requires approval of a minor conditional use permit. ARTICLE 4. ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED Sec. 13-46. PURPOSE The purpose of this article is to regulate and provide development standards for establishments where food or beverages are served. The proximity of residential uses to these types of establishments is a concern of this article. Where the distance criterion of 200 feet from residentially -zoned property is given in this article, it shall be measured from the property line of the site to the property line of the nearest residentially -zoned property. Sec. 13-47 PERMITTED AND CONDITIONALLY PERMITTED USES Establishments where food or beverages are served are subject to the review and approval procedures shown in Table 13-47 In instances where more than one review procedure is applicable to an establishment, the more stringent procedure shall apply Sec. 13-48. GENERAL DEVELOPMENT STANDARDS Establishments where food or beverages are served are subject to the following development standards. (a) Outdoor seating areas shall not encroach into required street setback, parking and circulation, or interior landscaped areas; except as approved through the issuance of a minor conditional use permit. (b) All establishments shall comply with the applicable standards and review procedures indicated in Table 13-47, as well as with all other development standards of the appropriate zoning district. 57 TABLE 13-47 PERMITTED AND CONDITIONALLY PERMITTED USPS LOCATION AND OPERATIONAL CIS C1 C2 CL TC PD MG MP CHARACTERISTICS Establishments with 300 square feet or less of public P" or P P P MC P' m P P' or P P P area. Establishments with more than 300 square feet of public P' or P P P MC P' or P four P MC MC area. EXCEPTIONS Located within 200 feet of a residential zone P' or P P P MC P' or P P' or P P P (Subject m the requirements of Section 13-49 DEVELOPMENT STANDARDS FOR ESTABLLSHMENTS WITHIN 200 FEET OF RESIDENTIALLY ZONED PROPERTY) Sale of alcoholic beverages for on-site consumption P' or C C C C P' or C P' ar C C C after 11:00 p.m and/or provision of live entertainment or dancing located within 200 feet of a residential zone Sale of alcohol. beverages for on-site consumption P' or MC MC MC P' or P' or MC MC after 11.00 p.m. and/or provision of live entertainment MC MC MC or dancing located not within 200 feet of a residential zone. Drive-through operations. P' or MC MC MC P' or P' or MC MC (Subject in the requirements of Section 13-50 MC MC MC DEVELOPMENT STANDARDS FOR DRIVE- THROUGH OPERATIONS ) Establishments with less dun 300 feet of public area lour MC MC MC P' or P' or MC MC located in a mule -tenant center where 30% or more of MC MC MC the tenants are similar businesses, i.e. establishments with less than 300 feet of public area. Establishments with a micro brewery P' or C C C C P' or C P' or C C C L Pursuant to an approved master plan which specifies these operational characteristics and/or location of the business. 2. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: P= Permuted, MC= Minor Conditional Use Permit, C= Conditional Use Permit. 58 Sec. 13-49. DEVELOPMENT STANDARDS FOR ESTABLISHMENTS WITHIN 200 FEET OF RESIDENTIALLY -ZONED PROPERTY Establishments where food or beverages are served that are within 200 feet of residentially -zoned property shall comply with the following development standards, unless the standards are modified through the issuance of a minor conditional use permit or conditional use permit. (a) All exterior lighting shall be shielded and/or directed away from residential areas. (b) Outdoor public communication systems shall not be audible in adjacent residential areas. (c) Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas. (d) Outdoor seating areas shall be oriented away or sufficiently buffered from adjacent residential areas. (e) For new construction, a landscaped planter area, a minimum of 5 feet in width, shall be provided as an additional buffer to adjacent residential areas. The planter area shall contain appropriate plant materials to provide an immediate and effective screen. Plant materials shall meet with the approval of the Planning Division. For remodels, the Planning Division may also require the construction of a landscaped planter area to buffer adjacent residential areas, if feasible. (f) For new construction, all interior property lines abutting residentially -zoned property shall have a minimum 6 foot high masonry wall, as measured from the highest grade. An 8 foot high masonry wall may be required, based on the establishment's operational characteristics, in order to provide additional protection to adjacent residential uses. A planning application may be required for walls exceeding 6 feet in height. For remodels, the Planning Division may also require the construction of a masonry wall to buffer adjacent residential areas, if feasible. (g) Hours of operation for customer service shall not occur any time between 11:00 p.m. and 6:00 a.m. (h) Truck deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m. Sec. 13-50. DEVELOPMENT STANDARDS FOR DRIVE-THROUGH OPERATIONS Establishments with drive-through operations shall comply with the following development standards, unless the standards are modified through the issuance of a minor conditional use permit. (a) Drive-through lanes shall not obstruct the circulation routes necessary for ingress or egress from the property, parking areas (including back -out of parking spaces), and pedestrian walkways. (b) Each drive-through lane shall be striped, marked or otherwise distinctly delineated, and shall be a minimum of 11 feet wide. (c) On-site entrances to drive-through lanes shall be setback a minimum of 25 feet from drive approaches from public or private streets or alleys. (d) Each drive-through lane shall be a minimum of 160 feet in length, unless modified by the Zoning Administrator The length of the drive-through lane shall be measured from its entrance point to the pick-up window. 59 (e) Vehicle stacking areas of drive-through lanes shall be a minimum distance of 10 feet from outdoor seating and play areas. (f) Application for a minor conditional use permit shall include an operation statement indicating the physical improvements and operational measures proposed to minimize idling vehicle emissions. (g) Establishments within 200 feet of residentially -zoned property shall also be subject to the development standards contained in Section 13-49 DEVELOPMENT STANDARDS FOR ESTABLISHMENTS WITHIN 200 FEET OF RESIDENTIALLY -ZONED PROPERTY Sec. 13-51 APPLICABILITY (a) The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one or more of the conditions described in subsection (b) are met. (b) The provisions of this article shall apply, as appropriate, to any existing use where food or beverages are served under the following circumstances: (1) A change of operational characteristics that includes one or more of the following items: a. An extension of the hours of operation for customer service between 11 p.m. and 6 a.m., if the establishment is within 200 feet of residentially -zoned property b. The introduction of the sale of alcoholic beverages for on-site consumption between 11 p.m. and 2 a.m. C. The introduction of live entertainment or dancing, or the cumulative expansion of 100 square feet or more of the area devoted to dancing during the lifetime of the establishment. d. The introduction of drive-through operations or the expansion of the existing drive-through operations. e. Alterations resulting in a cumulative increase of 100 square feet or more in the floor area devoted to customer service, e.g., food and/or beverage service or entertainment, during the lifetime of the establishment. I. A change from any type of Alcoholic Beverage Control license to any of the following Alcoholic Beverage Control license types: 40 (on -sale beer); 42 (on - sale beer and wine for public premises); or 61 (on -sale beer for public premises), provided that the establishment is open for customer service anytime between the hours of 11 p.m. and 2 a.m. (2) A cumulative expansion of 100 square feet or more of the gross floor area during the lifetime of the establishment. (3) Discretionary review by the final review authority shall be limited to the change in operational characteristics or the expansion in the area devoted to customer service. 60 ARTICLE 5. INDUSTRIAL DISTRICTS Sec. 13-52. PURPOSE The purpose of this article is to achieve the following: (a) Preserve and enhance the environmental aesthetics and quality for those who live and work in the community (b) Ensure the long term productivity and viability of the community's diversified economic base by maintaining developments of light industry, manufacturing, research and development and office uses. (c) Provide levels of public improvements and services necessary to support the existing level of business activity, and allow for the expansion of business opportunities in the future at a level no greater than can be supported by the infrastructure. Sec. 13-53. DEVELOPMENT STANDARDS Table 13-53 identifies development standards in the industrial zones. See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements. Sec. 13-54. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR THE INDUSTRIAL DISTRICTS Is) Performance standards. When required by CHAPTER IV CITYWIDE LAND USE MATRIX, the environmental disclosure statement described below shall be submitted by the applicant in order to minimize possible hazards to the surrounding area as a result of specific chemicals that may be used. (1) Environmental disclosure statement. The purpose of this statement is to provide the City with a comprehensive disclosure of potentially hazardous conditions associated with the proposed use, and the identification of all safeguards to eliminate or mitigate the potential hazards and environmental risks. The disclosure shall provide and include a complete list of all toxic chemicals, hazardous materials, waste and or acutely hazardous materials of any amount (by gallons of liquid, pounds of solid or/and cubic feet of compressed gas), that may be used, handled or stored in conjunction with the use. The disclosure of the following items shall also be required at any amount: a. Class "A" explosive; b. Class "A" poison; C. Any commercial grade pesticide; d. Any unsealed radioactive isotope; and/or e. Any carcinogen. This disclosure statement shall be submitted by the applicant to the Planning Division and to any other applicable agency prior to the use of the property 61 (b) Service and repair of motor vehicles and boats. The service and repair operations shall be subject to the following: (1) All operations shall be conducted within an enclosed building. (2) All areas or structures in which such operations are conducted shall be so located or treated as to prevent annoyance or a detriment to any other existing on-site uses and surrounding properties. (3) All activities shall be confined to 7:00 a.m. to 7:00 p.m. when located within 200 feet of residentially zoned property measured from lot line to lot line. (4) No damaged or inoperable boats or vehicles shall be stored for purposes other than repair (c) Other requirements. (1) The maximum building area shall not exceed the floor area ratios established in the General Plan for the applicable General Plan land use designation as described further in ARTICLE 8 FLOOR AREA RATIOS of this chapter (2) Additional conditions or special requirements may be reasonably applied by other City departments to ensure that the proposed development is compatible and harmonious with existing development in the vicinity and to protect the public health, safety and general welfare. If such conditions are applied, the conditions must be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of the appropriate department prior to final occupancy 62 TABLE 13-53 INDUSTRIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARD MG MP Minimum Lot Area 10,000 square feet 30,000 square feet Maximum Floor Area Ratio Refer to Chapter V Article 8 FLOOR AREA RATIOS. Maxunum Building/Structure 2 stones/30 feet 3 stones/45 feet Height SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless other rose noted. All setbacks are measured from the ultimate property fine shewa on the Master Plan of Highways.) From Interior hoc 10 fee[ All lots 20 feet Comer lot: 15 feet Exception- If the property is adjacent to a residential zone on either side, the front setback is 20 feet. Side Interior lot: 0 feet Interior lot: 10 feet Comer lot. 15 feet on the street side Comer lot. 20 feet on the street side Exception: If the side property lira is adjacent to a Exception: If the Side property line is adjacenuo a residential zone, all buildings shall maintain a side residential zone, all buildings shall maintain a side setback of 2 rimes the budding height at all locations setback of 2 rimes the budding height at all locations Rear (Interior) All lots 0 feet Exception- If the rear property line is adjacent to a residential mnc, all buildings shall maintain a rear setback of 2 times the building height at all locations Rear abutting a public street l0 fee[ 20 feet PROJECTIONS (Maximum depth of projections given) Roof or Eaves overhang, Awning 2 fee[ 6 inches into required side setback 5 fee[ into required front or rear setback Open, unenclosed Stairways 2 feet 6 inches into required setback area. PARKING (See Chapter VD. LANDSCAPING (See Chapter Van. SIGNS (See Chapter Vim. ADDITIONAL DEVELOPMENT STANDARDS Planned Signing Program Not required. Uses Underroof All uses shall be conducted underfoof except as may be permitted by a minor conditional use permit. Exception: Sidewalk and parking lot sales may be allowed on the basis of a maximum of 4 sales per fiscal year with a maximum length of 3 days per sale and subject to obtaining a business permit. Outdoor Storage Permitted when: Storage does not interfere with required parking or vehicular access; storage is not in (incidental to mann use) required setback area abutting a public right-of-way; storage does not decrease required landscaping, storage is completely screened from view from street or adjacent properties, and storage complies with all applicable codes and regulations including, but not limited to, the Uniform Fire Code. Storage not meeting Nese criteria requires approval of a minor conditional use permit. 63 ARTICLE 6. PLANNED DEVELOPMENT Sec. 13-55. PURPOSE It is the purpose and intent of this article to: (a) Provide a method by which appropriately located areas of the City can be developed utilizing more imaginative and innovative planning concepts than would be possible through strict application of existing zoning and subdivision regulations. It is intended that these developments will meet the broader goals of the General Plan and Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. (b) Furthermore, it is the intention of the City to provide a more efficient use of land, additional alternative environments and the allocation and maintenance of more privately controlled and usable open space. Sec. 13-56. MASTER PLAN REQUIRED All development proposed in the Planned Development districts require approval of a master plan pursuant to CHAPTER III PLANNING APPLICATIONS. The final review authority for the master plan shall be the City Council. (a) Preliminary master plan. At the applicant's option, a preliminary master plan may be processed in advance of the master plan pursuant to CHAPTER III PLANNING APPLICATIONS. The purpose of the preliminary master plan shall be to determine the general location, type, and intensities of uses proposed in large scale planned developments prior to the preparation and submittal of more detailed development plans. Preliminary master plans may also be used as the conceptual plan for long-term or phased planned developments. Upon approval of the preliminary master plan, development plans for individual components or phases of the planned development shall be required and shall be processed according to the provisions for master plans in CHAPTER III PLANNING APPLICATIONS. The subsequent plans shall be consistent with the parameters and general allocation and intensity of uses of the approved preliminary master plan. At the time of approval of the preliminary master plan, the City Council may determine that subsequent development plans may be approved by the Planning Commission. In such cases, development plans will be forwarded by the Planning Commission, upon an appeal filed pursuant to TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE, or upon motion by the City Council. Ib) Amendments to the master plan. (1) 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; to. 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; g. A reduction in required street pavement widths. (2) Substantial amendments to the development plan encompassing one or more of the above listed changes shall be processed and reviewed pursuant to the provisions for new master plans contained in CHAPTER III PLANNING APPLICATIONS. 64 (c) Minor additions in an existing planned development. (1) Unenclosed patio covers. Unenclosed patio covers in planned development residential zones which meet the following setback criteria may be approved by the Planning Division: a. Side setback- 5 feet or equivalent to main structure, whichever is less. b. Rear setback- 10 feet or 5 feet for small lot developments. (2) Enclosed Patios and room additions. Enclosed patios and room additions may be permitted pursuant to the parameters for such additions established in the master plan. In cases where the master plan does not include criteria for future enclosed patios and/or room additions, the addition may be permitted if the required open space percentage is met on the affected lot and the addition meets the setbacks established for patio covers with the exception of small lot developments for which the setback standards established in Table 13-58 shall be applied. (3) Minor additions not meeting the above criteria may be approved by minor modification if the Planning Division finds that the proposed construction does not materially affect the required open space or site coverage of the planned development. Sec. 13-57 SITE DESIGN CONCEPT A variety of building products are encouraged in the design of projects in the Planned Development zones, thereby maximizing project excellence. Complementary uses, as appropriate, are also encouraged. (a) Planned Development Residential. (1) Within the low density zone: Small -lot, single-family detached residential developments including clustered development, zero lot line development and conventional development are appropriate. (2) 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 development, townhouses, patio homes, detached houses, duplexes, garden apartments, and high rise apartments or common interest developments are appropriate. (3) As a complementary use, nonresidential use of a religious, educational, or recreational nature may be allowed if the City Council finds the use to be compatible with the Planned Development residential project. (4) 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 the uses to be compatible with the Planned Development Residential project and if the FAR does not exceed that established for the Neighborhood Commercial General Plan land use designation. (b) Planned Development Commercial. (1) Retail shops, offices and service establishments, including but not limited to, hotels, restaurants, theaters, museums, financial institutions and health clubs are appropriate. These uses are intended to serve adjacent residential areas, as well as the entire community and region. (2) 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 65 supportive nature to the uses noted in this subsection may be allowed if the City Council approves the 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 limits. (c) Planned Development Industrial. (1) Large industrial developments with ample open space and landscaping typifies projects in this district. (2) 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 the 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 limits. Sec. 13-58. DEVELOPMENT STANDARDS Table 13-58 identifies development standards in the planned development zones. See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements. Sec. 13-59. MAXIMUM DENSITY CRITERIA (a) The base density indicated in Table 13-58 shall constitute the density entitlement of projects which meet, but do not materially exceed, the minimum development standards for the Planned Development zone. The provision of affordable housing shall be necessary to reach the maximum density for the North Costa Mesa residential district. (b) Density increments up to the maximum shown in Table 13-58 may be approved in order to provide an incentive for design excellence. Criteria for density increments include, but shall not be limited to, the following (except that criteria (6) through (10) shall not apply to small - lot, single-family development): (1) Preservation of natural features that enhance the development and will benefit the community (including trees, scenic points, view corridors, historic buildings or locations, unique geological formations and other community assets). (2) Provision of distinctive design, including site planning, structural design, architectural treatments, landscaping and integration into the community. (3) Provision of usable open space in excess of the required amount. (4) Enlargement of the required perimeter open space. (5) Utilization of non-depletable energy sources for water heating and/or space heating. (6) Provision of low and moderate income housing as a portion of the total development. (7) Provision of all or part of the required parking within the principal structure(s) b.e., subterranean, tuck under, etc.). (8) Provision of facilities for the storage of recreational vehicles. (9) Provision in the project's circulation system for the separation of pedestrian, vehicular and bicycle traffic through the inclusion of bicycle and pedestrian trails that link with citywide networks. (101 Project location is adjacent to or within A mile of a public transit facility or route. 66 TABLE 13-58 PLANNED DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PDR -LD PDR -MD PDR -HD PDR -NCM PDC PD1 Base Density 5.4 8 13.4 25 13.4 (dwelling units per acre Maximum Density per Section 13- 8 12 20 35 20 59 MAXIMUM DENSITY CRITERIA. (dwelling units per acre) Density in Mixed Use Projects The density of the residential component of a mixed use Planned Development shall be calculated by dividing the total number of dwelling units proposed by that portion of the total site area' devoted to residential uses, including required parking, landscaping, open space, and driveways to serve the residential component. The density permitted within the residential component shall be determined by the criteria established in Section 13-59 MAXIMUM DENSITY CRITERIA. Maximum Site Coverage' Not applicable 30% outside the NOTE. Site coverage of multi- Downtown 50% story projects with integrated Redevelopment parking structures shall be based Project Area upon the usable floor area al the street or grade level, exclusive of 35% within the parking areas, driveways, plazas, Downtown courtyards or pedestrian Redevelopment walkways. Project Area Perimeter Open Space per Section 20 feel abutting all public right-of-ways (may be reduced in the PDC and PDR -NCM zones 13-61 PERIMETER OPEN pursuant to Section 13-61 PERIMETER OPEN SPACE CRITERIA). SPACE CRITERIA Open Space 45% of total site area' 42% of local site area', See Perimeter Open Space and inclusive of Perimeter Open inclusive of Perimeter Open CHAPTER VI PARKING. Space. See Section 13-60 Space. See Section 13-60 REQUIRED OPEN REQUIRED OPEN SPACE SPACE CRITERIA FOR CRITERIA FOR PLANNED PLANNED DEVELOPMENT DEVELOPMENT RESIDENTIAL. RESIDENTIAL. Now: May be reduced by l0%, if 10% of driveway & parking area consists of decorative paving and current parking standards are met. Bluff -top Setback. No building or structure closer than 10 feet from bluff crest (see Section 13-62(h) ADDITIONAL DEVELOPMENT STANDARDS). Maximum Floor Area Ratio Refer to CHAPTER V ARTICLE 8 FLOOR AREA RATIOS. PARKING (See Chapter VI). LANDSCAPING (Ser Chapter VII). SIGNS (See Chapter VIM. I Site area is defined as the area equal to the original lot size, less the area occupied by adjacent dedicated streets. 2 Site coverage is defined as 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, courtyards or sidewalks. 67 TABLE 1358 (CONTINUED) PLANNED DEVELOPMENT STANDARDS DEVELOPMENT STANDARD I PDR -LD I PDR -MD I PDR -BD I PDR -NCM PDC PDI PROJECTIONS tin &Pffi of prolecdontsElven) Roof or Eaves Overhang; Awning 2 feet 6 inches into required side setback or building separation are. 5 feet into required front or rear setback. Open, unenclosed stairways. 2 feet 6 mcbes into required setback area Fneplaces2 feet into required setback or building separation area ADDTTIONAL DEVELOPMENT STAND10 Uses Underroof All nonresidential uses shall be conducted underroof except as allowed by a minor conditional use permit. Exceptions include sidewalk sales and parking lot sales which are allowed on the basis of a maximum of 4 sales per fiscal year with a maximum length of 3 days per sale and subject to obtaining a business permit. Outdoor Storage (incidental to Permuted when. Storage does not interfere with required parking or vehicular access; storage is not main use) In required setback area abutting a public right-of-way; storage does not decrease required landscaping; storage is completely screened from view from street or adjacent properties; and storage complies with all applicable codes and regulations Including, but not limned to, the Uniform Fire Code. Storage not meeting these criteria requires approval of a minor conditional use permit. SMALL LOT RESIDENTIAL PROJECTS Minimum Lot Sae 4,000 2,750 Not applicable. square feet square feet Minimum Lot Width 40 feet Minimum Front Setback 5 feet Exception- If a sidewalk is provided along the front of the lot, the garage shall be setback less than 9 feet or mare than 23 feet from the face of the street curb. If a sidewalk is not provided along the front of the lot, the garage shall be either setback 5 feet or more than 19 feet from the face of the street curb. Minimum Side Setback 0 feet on one side; 10 feet combination of both sides. Minimum Rear Setback 5 feet Automatic Garage Door Opener Required - if garage is setback less data 9 feet from the face of the street curb. 68 Sec. 13-60. REQUIRED OPEN SPACE CRITERIA FOR PLANNED DEVELOPMENT RESIDENTIAL (a) The required open space shall be land areas that are not occupied by buildings, structures, parking areas, driveways, streets or alleys. Landscaped roof areas or decks may not be calculated as part of the required open space. The open space shall be devoted to landscaping, preservation of natural features, patios and recreational areas and facilities. (b) At least 50 percent of the required open space shall be designed for the common use of the residents of the Planned Development, except for small -lot, single-family development. In projects consisting of small -lot single-family subdivisions resulting in fewer than 12 units, the required perimeter landscape buffer required in Table 13-58 shall be the only open space required to be designed for common use. Additional common open space may be provided in the interior of such projects if such open space enhances the overall project design. The remaining required open space shall be equally provided to each dwelling unit. Each dwelling unit shall be provided with a private open space with no dimension less than 10 feet. (c) In projects consisting of small -lot, single-family subdivisions resulting in 12 or more units, the required open space shall consist of the perimeter landscape buffer required in Table 13 58 and a common recreational open space area in the interior of the project to provide recreational facilities for children. (d) Common open space may be distributed throughout the Planned Development and need not be in a single large area. Is) All or part of the area required may be provided in the common open space for multiple -story apartments or common interest developments where dwelling units have no ground floor access, or where for other reasons the City Council finds that the provision of all or part of the required private open space in the aforementioned manner is impractical or undesirable. In such cases, each dwelling unit above the first floor shall be provided with patio or deck area of not less than one 100 square feet. The required area may be provided in one or more patios or decks. In such cases, each dwelling unit shall be provided with a private patio or deck with no dimension less than 5 feet. Sec. 13-61 PERIMETER OPEN SPACE CRITERIA This area shall be kept free of buildings and structures and permanently maintained in landscaping. If the design of this buffer area enhances the overall development plan and is readily accessible to the residents of the planned development, it may be included as partial fulfillment of the common open space requirements listed in Section 13-60 REQUIRED OPEN SPACE CRITERIA FOR PLANNED DEVELOPMENT RESIDENTIAL. Exceptions: (a) In Planned Development Commercial and Planned Development Residential -North Costa Mesa 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 General Plan, applicable specific 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. 69 (b) In Planned Development Commercial and Planned Development Residential -North Costa Mesa 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; (4) The reduced building setback will not deprive the street nor other properties of necessary light and air; and (5) These additional features enhance the overall urban design concept of the Planned Development and promote the goals of the City's General Plan, applicable specific plan and/or Redevelopment Plan. Sec. 13-62. ADDITIONAL DEVELOPMENT STANDARDS (a) Maintenance of common facilities. (1) A planned development shall be approved subject to the submission of legal instruments setting forth a plan or manner of permanent care and maintenance of all common open space, recreational vehicle storage areas, and other facilities provided in the final development plan. No such instrument shall be acceptable until approved by the City Attorney as to legal form and effect, and the Planning Division as to suitability for the proposed use of the common space and subject facilities. The declaration of covenants shall contain language or provisions substantially as follows: a. "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas' as herein defined." b. "In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law." (2) The common open space, recreational vehicle storage areas and other facilities provided may be conveyed to a public agency or private association. If the common open space, recreational vehicle storage areas or recreational facilities are conveyed to a private association, the developer shall file as part of the aforementioned instruments a declaration of covenants and restrictions that will govern the association. The provisions shall include, but not be limited to the following: a. The private association must be established prior to sale of any unit(s). b. Membership must be mandatory for the original buyer and any successive buyer. 70 The private association must be responsible for liability insurance, local taxes (if any) and the maintenance of common open space, recreational vehicle storage areas and other facilities. Each member of the association shall be assessed a pro rata share of the costs incurred by the association. The private association must be able to adjust any assessments to meet changed needs. (3) The City Council may also require dedication of development rights or scenic easements to assure that common open space shall be maintained. (b) Traffic circulation. (1) Primary vehicular access points to the planned development shall be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and bicycle traffic. Minor streets within the planned development shall not be connected to streets outside the development in such a manner as to encourage their use by through traffic. (2) Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic to serve residential, nonresidential and recreational facilities provided in or adjacent to the planned development. Where designated bicycle paths or trails exist adjacent to the planned development, safe, convenient access shall be provided. The City Council may require, when necessary, pedestrian and/or bicycle overpasses, underpasses or traffic signalization in the vicinity of schools, playgrounds, parks, shopping areas or other uses that may generate considerable pedestrian and/or bicycle traffic. (c) Streets (1) The design of public and private streets within a planned development shall reflect the nature and function of the street. Existing City standards of design and construction may be modified only as is deemed appropriate by the City Council after recommendation by the City Engineer, Planning Division, Fire Chief and Police Chief. Right-of-way, pavement and street widths may only be reduced by the City Council where it is found that the final master plan for the planned development provides for the separation of vehicular and pedestrian traffic; that access for public safety and service vehicles is not impaired; and that adequate off-street parking has been provided. (21 All private streets within a planned development shall be dedicated to the City as utility easements where the easements are necessary (3) All private streets shall be conveyed to a private association where one exists as established by subsection (a). (4) If the private association or person(s) owning the private streets in a planned development should in the future request that any private streets be changed to public streets, the private association or owner(s) shall agree that before consideration for acceptance by the City the private association or owner(s) will bear the full costs of reconstruction of any other action necessary to make the streets conform to the applicable standards for public streets. The private association or owner(s) shall also agree that these streets shall be made to conform and be dedicated to public use without compensation to the private association or owner(s). (d) Parking. 71 (1) Parking shall be provided per CHAPTER VI OFF-STREET PARKING STANDARDS. In addition, the Planning Commission may determine that storage areas for boats, trailers, campers and other recreational vehicles shall be required, where the necessity for such facilities has been demonstrated and where such facilities will preserve the required off-street parking for the use of automobiles. (2) parking areas, covered or open, in any planned development shall be screened from view from any public right-of-way (Exception: single-family, small lot subdivisions.) le) Development standards for mixed use planned developments. (1) Nonresidential development in Planned Development Residential districts shall comply with the following criteria: a. Commercial components of Planned Development Residential projects shall comply with the permitted uses, site coverage and parking requirements of the Planned Development Commercial district. b. Commercial development within a planned development shall be located so as to be accessible in a manner that does not create traffic congestion or hazards to any street. Location, off-street parking and loading requirements shall be determined as appropriate to the particular planned development. Consideration shall be given to anticipated pedestrian, bicycle, and vehicular traffic, adjacent development that may provide multiple use of off-street parking facilities and the types of commercial use provided. C. Parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics and lighting shall be designed as integrated portions of the total planned development and shall protect the residential character (2) Complementary residential and industrial uses within the Planned Development Commercial district shall comply with the permitted uses, density or site coverage, and parking requirements of the Planned Development Residential and Planned Development Industrial districts. (3) Complementary commercial and residential uses within the Planned Development Industrial district shall comply with the permitted uses, site coverage or density, and parking requirements of the Planned Development Commercial and the Planned Development Residential districts. 1f) Building spacing, setback, yard and building height requirements. (1) Each planned development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walls, barriers, landscaping and sound reducing construction techniques shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. (2) No specific yard, setbacks or building height requirements shall be imposed in the planned development district, except as provided in the master plan; provided, that the spirit and intent of this section and the Planned Development ordinance are met. The City Council may determine that certain setbacks be required within all or a portion of a planned development. Specific yard requirements, however, are required for small -lot developments pursuant to Table 13-58. (g) Noise attenuation. When, in the opinion of the Planning Division, a proposed Planned Development may be situated in a noise environment which will adversely affect future residents, an acoustical analysis shall be required. An acoustical evaluation of the working drawings of the proposed residential project shall be submitted to the Planning Division by a 72 licensed acoustical engineer prior to the issuance of building permits. The engineer shall certify that the construction will reduce residential interior noise levels to 45 CNEL or less and residential exterior noise levels in common and private open space areas to 65 CNEL or less. Building occupancy will be granted upon submittal of a field test report from a licensed acoustical engineer certifying that the above standards have been met. The method of field testing shall be approved by the Planning Division. (h) Bluff -top setback. No building or structure shall be constructed closer than 10 feet from a bluff crest, unless it is determined that the building or structure will not: (1) Endanger stability of the slope; (2) Substantially interfere with access for fire protection; and (3) Detract from the identity and integrity of the bluffs. Sec. 13-63. PHASED PLANNED DEVELOPMENTS If the sequence of construction of various portions of the master plan is to occur in stages, then the open space and/or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. 73 ARTICLE 7 INSTITUTIONAL AND RECREATIONAL AND INSTITUTIONAL AND RECREATIONAL SCHOOL DISTRICTS. Sec. 13-64. PURPOSE This article is intended to provide development standards for both publicly and privately owned land which provide recreation, open space, health, public service and educational opportunities. Sec. 13-65. SPECIAL DISTRICT REQUIREMENTS (a) Uses incidental to the main function of the development may be permitted upon approval by the Planning Commission through the adoption or amendment of the master plan. IN In the I&R-S zones, site plans shall meet the requirements of all State agencies having jurisdiction over the design, construction and operation of public and private school facilities. See. 13-66. DEVELOPMENT STANDARDS Table 13-66 identifies development standards in the Institutional and recreational zones. See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements. TABLE 13-66 DEVELOPMENT STANDARDS FOR I & R AND I & RS ZONES DEVELOPMENT STANDARDS I & R and I & RS Minimum Lot Area 6,000 square feet Minimum Lot Width 60 feet Maximum Floor Area Ratio Refer to Chapter V, Article 8 FLOOR AREA RATIOS. Maximum Budding Height 4 stories south of the 1-405 Freeway except that special purpose housing (e.g , affordable, elderly and student housing) may be granted additional building height. SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES Utlinlmum dtsmoces given, unless otherwise noted. Ad setbacks from streets are measured Brun the uklmaze property line shown on the Master Plan of Highways.) Front 20 feet Side or Rear, abutting a secondary, primary or major street 20 feet Side or Rear, abutting all other streets 10 feet Interior Loi Lme 5 feet. Addmood setback may be required by the Planning Commission if deemed necessary to protect adjacent lard uses. PARKING (See Chapter VD. LANDSCAPING (See Chapter VII). SIGNS (See Chapter VDI). ADD AL DEVELOPMENT STANDARDS Planned Signing Program Netrequved Master Plan Required Uses conducted underroof All uses permitted shall be conducted undercoat. &cepnon: Uses which are incidental to and an integral part of the use conducted underroof may be conducted onsite in the open, pursuant to the approval of a minor conditional use permit. 74 ARTICLE 8. FLOOR AREA RATIOS Sec. 13-67 PURPOSE The purpose of this article is to define the maximum building intensity for nonresidential developments. Sec. 13-68. DEFINITIONS The following definition shall be used to interpret this portion of the Zoning Code: Project. 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. Sec. 13-69. FLOOR AREA RATIO ESTABLISHED The project shall not exceed the Floor Area Ratio (FAR) established in the General Plan for the applicable land use designation as shown in Table 13-69. TABLE 13-69 MAXIMUM FLOOR AREA RATIOS GENERAL PLAN LAND USE DESIGNATION HIGH TRAFFIC USES' MODERATE TRAFFIC USES LOW TRAFFIC USES' VEIN LOW TRAFFIC USES' Commercial -Residential 0.20 0.30 0.40 075 Neighborhood Commercial 0.15 0.25 0.35 0.75 General Commercial 0.20 0.30 0.40 0.75 Commercial Center 030 0.35 045 0.75 Regional Commercial' - 0.652/089 - - Urban Center Commercials- 0.50 0.60 - Light Industry 0 l5 0.25 0.35 0.75 Industrial Park 0.20 0.30 0.40 0.75 Public/Semi-Public 0 25 and 0.01 for golf courses Fairgrounds 0.10 1. For commercial designations, high traffic uses are those which generate more than 75 daily trip ends per 1,000 square feet of gross floor area. For industrial designations, high traffic uses are those which generate more than 15 daily trip ends per 1,000 square feel of gross floor area. 2. For commercial designations, moderate traffic uses are thou which generate between 20 and 75 daily trip ends per 1,000 square feet of gross floor area. For industrial designations, moderate traffic uses are those which generate between 8 and 15 daily trip ends per 1,000 square feet of gross floor area. 3. For commercial designations, low traffic uses are those which generate between 3 and 20 daily trip ends per 1,000 square feet of gross Floor area. For Industrial designations, low traffic uses are those which generate between 3 and 8 daily trip ends per 1,000 square feet of gross floor area. 4. For commercial and industrial designations, very low traffic uses are those which generate less than 3 daily trip ends per 1,000 square feet of gross floor area. 5. Maximum FAR standards in the Regional Commercial and Urban Center Commercial designations shall be Porter limited by the maximum AM peak hour and PM peak hour trip budget as established in the General Plan. 75 ARTICLE 9. GENERAL SITE IMPROVEMENT STANDARDS Sec. 13-70. PURPOSE The purpose of this article is to identify additional development standards for the various zoning districts. The following standards shall apply to the construction of new developments and major alterations, additions or improvements to existing developments which exceed 50 percent of the gross floor area of the existing improvements on the same site. Sec. 13-71 UTILITY REQUIREMENTS (a) For all new construction or as a condition of approval of a new tract, a revised or reactivated tract or any parcel map, all utilities shall be installed underground on the building site in accordance with the serving utilities' rules, regulations and tariffs on file with the State Public Utilities Commission. The Development Services Director may waive the required undergrounding whenever it is found and determined that such installation is not practically feasible due to economic or technological factors found to exist at the site. Provided, however, that all required termination facilities on the structure and conduit, at least to the outer wall, at a point designated by the serving utility, shall be furnished and installed to facilitate future connection to an underground system. (b) All utilities such as gas meters, electrical meters, telephone pedestal mounted terminal boxes, surface mounted electrical transformers, fire hydrants or any other potential obstruction shall not be located within the approved parking and/or turn radius area unless installed underground in a vault having an approved traffic lid. All such facilities located aboveground shall meet with the approval of the Planning Division and serving utility (c) Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation shall be in a manner acceptable to the public utility and Planning Division. (d) Sewer and water system improvements shall meet with the approval of the serving utility. Sec. 13-72. SITE IMPROVEMENT REQUIREMENTS (a) All abutting public rights-of-way shall be fully improved to the ultimate right-of-way as required by the Master Plan of Highways, adopted specific plans, or applicable standards and codes under the direction of the Public Services Department. (b) Portland cement concrete driveway approaches shall be installed per City of Costa Mesa Standard Plans. The size, type and location shall be approved by the Transportation Services Engineer In cases where existing curb cuts will not be used, they shall be replaced with standard curb and gutter under the direction of the Public Services Department. (c) Portland cement concrete sidewalks shall be installed per City of Costa Mesa Standard Plans under the direction of the Public Services Department. (d1 Prior to the issuance of a building permit, the developer shall obtain necessary street work permits authorizing construction as indicated in subsections (a), (b), and (c). Sec. 13-73. TRASH ENCLOSURES (a) Trash enclosures shall be provided under the direction of the Planning Division. In residential zones, trash enclosures shall be required for residential projects of five or more dwelling units. (b) The design of trash enclosure(s) shall conform to City standards on file in the Planning Division. 76 Sec. 13-74. ELEVATION AND SCREENING REQUIREMENTS (a) The finished elevations of all buildings, structures, walls and fences shall be approved by the Planning Division prior to issuance of building permits. (b) All trash containers and mechanical equipment, such as air conditioning compressors, duct work, and vents shall be screened from public rights-of-way and adjacent properties. Sec. 13-75. FENCES AND WALLS (a) In residential zones, including planned development, except R-1 All interior property lines shall have solid opaque walls or fences, at least 6 feet in height. (b) In commercial zones, including planned development: All interior property lines abutting residentially-zoned property shall have solid masonry walls, at least 6 feet in height. (c) In industrial zones, including planned development: A solid masonry wall, at least 6 feet in height shall be constructed along all property lines which abut a residential or commercial zone. (d) If a fence or wall is constructed adjacent to a public street, the fence or wall shall be approved by the Planning Division in terms of its compatibility and harmony with the proposed building and site development and buildings and site developments existing or approved for the general neighborhood. No fence or wall located in any street setback shall obscure the required street setback landscaping in the commercial and industrial zones. (e) Fences and walls placed between the property line and the required setback line for main buildings shall conform to the City's Walls, Fences and Landscaping Standards. (f) Fences and walls located in proximity to street intersections or where a driveway intersects a sidewalk shall conform to the City's Walls, Fences and Landscaping Standards. (g) The standards referred to in subsections (e) and (f) shall be adopted by resolution of the City Council. (h) It shall be unlawful to construct, install, maintain or allow to exist any barbed wire, razor wire, concertina ribbon or similar item in any required setback abutting a public right-of-way. In all other locations, barbed wire, razor wire, concertina ribbon and similar items shall maintain a minimum vertical clearance of 6 feet 8 inches from grade. (i) It shall be unlawful to install, maintain or allow to exist any electrified fence or any glass, nails or similar items embedded in walls or fences at any location. (j) In all zones except R-1, chain link fencing is prohibited in any required setback abutting a public right-of-way (k) Security gates, in all zones, are subject to review and approval by the Planning Division in conjunction with the Fire Department and Transportation Division. Sec. 13-76. RIGHT-OF-WAV DEDICATIONS (a) Wherever acquisition of private property is deemed necessary for right-of-way improvement purposes pursuant to the Master Plan of Highways or adopted standards and codes maintained by the Public Services Department, the owner of the property shall be required to dedicate or make an irrevocable offer to dedicate the needed right-of-way in accordance with subsection (b) as a condition of issuance of a building permit or other permit authorizing expansion of the property's usage, or of approval for recordation of a subdivision map. For the purposes of this section, "expansion of property usage" means physical increase in 77 structural area, or increase in land use intensity, likely to result in increased traffic generation. The amount of land to be dedicated shall be that existing between the centerline of the street or other right-of-way and the ultimate right-of-way established in the Master Plan of Highways, the Master Plan of Bikeways, an adopted specific or precise plan or an adopted street alignment plan. (b) Dedication shall be required for any project that will significantly increase the projected number of vehicle trip -ends per day Allocation of trip -ends shall be based on a schedule of trip generation factors developed and maintained by the Public Services Department. A significant increase in the projected number of vehicle trip -ends per day shall be deemed to occur and dedication shall be required when any of the following circumstances exist: it) Where dedication may be required pursuant to provisions of the State Subdivision Map Act. 12) Where the site is presently unimproved, vacant or not occupied and the project is likely to result in at least 200 trip -ends per day (3) Where the existing use(s) on the site generates fewer than 5,000 vehicle trip -ends per day (24-hour period) and the project is likely to result in an increase of 30 per cent or more, provided the increase is at least 200 trip -ends per day. (4) Where the existing uses(s) on the site generates between 5,000 and 15,000 vehicle trip -ends per day (24-hour period) and the project is likely to result in an increase of 20 per cent or more in the number of vehicle trip -ends per day. (5) Where the current use(s) on the site generates more than 15,000 vehicle trip -ends per day (24-hour period) and the project is likely to result in an increase of 10 per cent or more in the number of vehicle trip -ends per day (6) Where the above criteria are not met but the Public Services Director and the Planning Commission or the City Council determines that the project will have a detrimental impact on pedestrian or vehicular traffic circulation, because of the nature of the proposed use, its location, or other circumstances applicable to the project site. (c) Relief. Whole or partial relief from the dedication requirements of this section may be granted by the Planning Commission or City Council in conjunction with the review of any application which is subject to dedication. Relief may be granted only in the following circumstances: (1) When the amount of land needed for right-of-way improvement exceeds 15 per cent of the existing gross lot area, relief may be granted for that portion in excess of 15 per cent. (2) When the decision-making body determines that the dedication requirement is not reasonably related to the project, dedication may be waived entirely or in part. (3) When the dedication requirement is based on the projected number of trip -ends per day for a use not listed on the schedule of trip generation factors developed and maintained by the Public Services Department, dedication may be waived if an independent traffic study, paid for by the applicant and prepared pursuant to procedures established by the Public Services Department, states that the use will generate less traffic than the threshold needed to require dedication pursuant to subsection (b). 78 ARTICLE 10. FLOODWAY AND FLOODPLAIN DISTRICTS Sec. 13-77 PURPOSE The floodway and floodplain districts and regulations are intended to be applied to those areas of the City which, under present conditions, are subject to periodic flooding and accompanying hazards. The objectives of the floodway and floodplain districts include: (a) Prevention of loss of life and property and minimization of economic lass caused by flood flows. (b) Establishment of criteria for land management and land use in floodprone areas that are consistent with the criteria promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners. (c) Prohibition of encroachments, new construction or other improvements or development that would obstruct or divert the flow of floodwaters within a regulatory floodway. (d) Regulation and control of use of land below the elevation of the design flood flow within the remainder of the floodplain. Sec. 13-78. DEFINITIONS The following words and phrases shall have the definition and construction set forth in this section as used in this article, unless otherwise provided: Area of shallow floodina. A designated AH or AO zone on the flood insurance rate map (FIRM) in which: (a) The base flood depths range from one to 3 feet; (b) A clearly defined channel does not exist; and (c) The path of flooding is unpredictable and indeterminate. Area of special Rood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year Base Rood. The flood having a one percent chance of being equaled or exceeded in any given year Design flood. That flood against which protection is to be provided by means of land use regulation, flood protective or flood control works. For the purposes of this article, the design flood shall be at the 100 -year recurrence interval, corresponding to the base flood as defined above. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, grading or paving located within the flood hazard area. Flood. A general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, and the rapid accumulation of runoff of surface waters from any source and mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. Flood hazard area. An area having flood, mud -slide (i.e., mudflow) and flood -related erosion hazards, or as shown on a sectional district map, flood insurance rate map (FIRM) or flood boundary and floodway map. 79 Flood insurance rate map (FIRM) and flood boundary and floodway map The official maps published by the Federal Insurance Administration on which are delineated both the areas of special flood hazards and the risk premium zones applicable to the community Flood insurance study. The "Flood Insurance Study for the City of Costa Mesa, California, Orange County" (preliminary study dated July 11, 1980) prepared by the Federal Insurance Administration providing flood profiles, as well as the boundaries and the water surface elevations of the base flood, including the flood boundary and flood -way map. Floodplain. The land area adjacent to a watercourse, and other land areas susceptible to being inundated by water from any source (see definition of "flood"). Flood proofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, and structures and their contents. Flood protection system. Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a flood hazard and the extent of the depth of associated flooding. Such a system typically included channels, storm drains or levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood related erosion. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining, caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. Floodway. The channel of a river or other watercourse and adjacent land areas that must be reserved in an open manner, and that can be designated to provide for the discharge of the design flood without cumulatively increasing the water surface elevation more than one foot. The floodway may also be that land area necessary for the design flood discharge for an authorized Federal flood control project. Floodwav fringe. That area between the design flood boundary and the floodway shown on the flood boundary and floodway map. Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that the enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this article. Land use district symbol. The applicable designation for the zoning of property, contained in this title. Regulatory floodway. The floodway areas designated by the City as FP -1 overlay districts and/or the flooding areas delineated on the official Federal Insurance Administration flood boundary and floodway maps for the City of Costa Mesa. Structure. Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs and other improvements of a minor character For floodplain management purposes, "structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, and includes a manufactured home. 80 Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals to or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Manufactured home. Any structure that is transportable in one or more sections, built on a permanent chassis, and designated to be used with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park or subdivision. Any lot (or abutting lots) of land divided into 2 or more manufactured home lots for rent or sale. Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include the following: la) Land preparation, such as clearing, grading and filling; (b) Installation of streets and/or walkways; (c) Excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor (d) Installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Sec. 13-79. APPLICATION (a) In any base district where the district symbol is followed by, as a part of such symbol, the parenthetically enclosed symbols (FP -1) or (FP -2), or when the property is included within a designated flood hazard area shown on the adopted Orange County (countywide) Flood Insurance Rate Map (FIRM) dated September 15, 1989, or a subsequent FIRM, of flood boundary and floodway maps as published by the Federal Insurance Administration, the additional requirements, limitations and standards contained in this article shall apply. The land use district symbol shall constitute the "base district" and the symbol (FP -1), (FP -2), or those flood hazard zone designations on the flood insurance rate map as listed below, shall constitute the "combining district" In the event of conflicting provisions of the combined district regulations, the requirements of the FP floodplain district shall take precedence over the requirements of the base district. These regulations are applicable as follows: (1) Areas shown as (FP -1) on the official land use map and areas shown as a "floodway" on an adopted flood boundary and flood -way map are subject to the FP and FP -1 provisions of this article. (2) Areas shown as (FP -2) on the official land use and district maps and areas shown as A, A7, A8, At 1, AO, and AH on any adopted flood insurance rate map are subject to the FP, FP -2, and floodway fringe area provisions of this article, except that where there is a conflict with the provisions of (a)(1) above, those provisions are applicable. (b) Flood hazard areas shall be identified and mapped, based upon: 81 (1) The base flood and criteria set forth by the "Flood Insurance Study for the City of Costa Mesa, California, Orange County" (preliminary study dated July 11, 1980). If the Federal Emergency Management Agency has not provided base flood elevations in the study, such base flood data shall be obtained from other available sources or studies meeting with City approval; or, (2) The design flood as determined from engineering studies reviewed and found satisfactory by the City as approved by the City Council. (c) Adoption of flood insurance rate maps and flood boundary and floodway maps as zoning district maps. The Orange County (countywide) FIRM and flood boundary and floodway maps prepared in conjunction with the flood insurance rate map as published by the Federal Insurance Administration are hereby adopted as zoning district maps of the City of Costa Mesa for purposes of application of the FP floodplain district regulations only. Sec. 13-80. USES PERMITTED IN THE IFP -1) OVERLAY DISTRICT AND IN FLOODWAY AREAS. (a) The following uses shall be allowed in the (FP -1) overlay district and in floodway areas: (1) Flood control channels, levees, spreading basins and grounds, roads, bridges, storm drains and other flood control facilities and devices where the design has been approved by the Director of the Environmental Management Agency and the Board of Supervisors of Orange County or the Public Services Director and the City Council. (21 General agricultural uses including farming or pastures provided there are no permanent structures, landfill, storage of materials or equipment or stream alterations that would result in any diversion or increase in flood levels within the designated floodway. (3) Public utility transmission lines and conduits. (4) Recreation areas, parks, fishing lakes, riding and hiking trails, golf courses, athletic fields and similar open space uses not including any permanent structures or improvements. (b) The following uses are prohibited in the (FP -1) overlay district and in floodway areas: (1) Any permanent structures or buildings excepting those necessary for conveyance of flood and drainage waters and for transit of public utilities and roads. (2) Dwelling units. (3) Landfills, excavations, improvements, developments or encroachments that would obstruct or create debris -catching obstacles to passage of a design flood, or cause a cumulative increase in the elevation of the design flood -water profile at any point, or would tend to broaden the floodplain or divert flood flows out of the regulatory floodway or in any way impair the design flood conveyance capacity of the regulatory floodway or cause a potential hazard to public safety or property resulting from flood flows. (4) Storage or disposal of floatable substances or materials, dangerous chemicals, explosives, flammable liquids or other toxic materials. (c) Additional uses. (1) Additional uses not specifically listed above as either a permitted or prohibited use may be considered for approval as a conditional use, according to the procedures set forth in CHAPTER III PLANNING APPLICATIONS. However, no use permit shall be approved unless the following finding can be made: 82 a. The proposed project, alone or in combination with any existing developments, will not endanger public safety, will not restrict the carrying capacity of the regulatory floodway, will not increase flood heights and will not increase the velocity of floodwaters. (21 Applicants for conditional use permits shall be required to submit studies, plans or other evidence prepared by a registered professional engineer or architect to support the required findings necessary for approval of the use permit. Sec. 13-81 USES PERMITTED IN THE (FP -2) OVERLAY DISTRICT AND IN DESIGNATED FLOODWAY FRINGE AND SPECIAL FLOOD HAZARD AREAS INDICATED ON THE FLOOD INSURANCE RATE MAP (a) Permitted uses. (1) All permitted uses in the (FP -1) overlay district. (2) New structures and improvements, including the placement of buildings within the (FP -2) district and floodway fringe or special flood hazard areas developed in conformance with the provisions of Section 13-82(d) PROCEDURES AND DEVELOPMENT STANDARDS through 13-82(fl. inclusive. (b) Prohibited uses. (1) Landfills, excavations, improvements, developments or encroachments that will obstruct or create debris -catching obstacles to passage of the design flood, or that cause a cumulative increase in the elevation of the design flood -water profile more than one foot at any point, or that will tend to broaden or direct flood flows out of the natural floodplain, or otherwise cause a potential hazard to public safety or property resulting from flood flows in the floodway fringe or special flood hazard areas. (2) Storage of floatable substances or materials. (3) Storage or disposal of chemicals, explosives, flammable liquids or other toxic materials in areas or structures that have not been made floodproof. (c) Conditional uses. (1) Additional uses not specifically listed above as either a permitted or prohibited use may be considered for approval as a conditional use, according to the procedures set forth in CHAPTER III PLANNING APPLICATIONS. However, no conditional use permit shall be approved unless the following finding can be made: a. The proposed project, along or in combination with any existing developments, will not endanger public safety, will not increase flood heights, and will not increase the velocity of floodwaters. (2) Applicants for conditional use permits shall be required to submit studies, plans or other evidence prepared by a registered professional engineer or architect to support the required findings necessary for approval of the conditional use permit. Sec. 13-82. PROCEDURES AND DEVELOPMENT STANDARDS FOR FP -1 AND FP -2 OVERLAY DISTRICTS fal Review procedures. The Planning Division shall review projects proposed in areas subject to the FP district regulations to determine compliance with the provisions of this article. Specific responsibilities shall include, but not be limited to: (1) Review of all development permits to determine that the permit requirements of this article have been satisfied. 83 (2) Review the proposed development to assure that all other required State and Federal permits have been obtained. (3) Review of all permits to determine that the site is reasonably safe from flooding. (4) Review of all development permits to determine if the proposed development adversely affects the flood -carrying capacity of the area of special flood hazard. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated develop- ment will increase the water surface elevation of the base flood more than one foot at any point. (b) Submittal requirements. All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans drawn to scale showing the nature, location, dimensions and elevation of the area in question, and all existing or proposed structures, fill, storage of materials, drainage facilities and their locations. Specifically, the following information is required: (1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AD, elevation of existing and proposed elevation of lowest floor of all structures. (2) Proposed elevation in relation to mean sea level to which any structure will be floodproofed. (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria contained in this article. 14) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. The plans, floor height information, and certifications shall be maintained on file by the Development Services Department for flood insurance reference purposes. (c) Alteration or relocation of watercourse. The Planning Division shall notify adjacent communities and the State Department of Water Resources prior to approval of any project which would alter or relocate a watercourse having an effect on the flood hazard areas shown on the flood insurance rate maps and submit evidence of such notification to the appropriate Federal agency Any approval action for such project shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood -carrying capacity of the watercourse is not diminished. (d) Standards of construction. In all areas of special flood hazards, the following standards are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage using methods and practices that minimize flood damage. (3) New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (d)(5). Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and provided to the Development Services Department. 84 (4) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated to or above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated at least 2 feet above the highest adjacent grade. Nonresidential structures may meet the standards in subsection (d)(5). Upon completion of the structure, a registered professional engineer shall certify that the elevation of the structure meets this standard and such certification shall be provided to the Development Services Department. (5) Nonresidential construction shall either be elevated in conformance with subsections Id)(3) or (d)(4) or, together with attendant utility and sanitary facilities: Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of flood water b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects on buoyancy; and Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certifications shall be provided to the Development Services Department. (6) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of 2 openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. C. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. d. Within Zones AH and AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures are required. (e) Standards for utilities. (1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. (2) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 85 (f) Standards for subdivisions. (1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (2) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and such certification shall be provided to the Development Services Department. (3) All subdivision proposals shall be consistent with the need to minimize flood damage. (4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (5) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (g) Construction standards for manufactured homes and manufactured home parks and subdivisions. (1) All manufactured homes and additions to manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. (2) For newly placed manufactured homes, new manufactured home parks or subdivisions, expansions to existing manufactured home parks or subdivisions, and repair, reconstruction, or improvements to existing manufactured home perks or subdivisions that equal 50 percent or greater of the value of the streets, utilities, and pads, (before the repair, reconstruction, or improvements commenced), the following standards shall apply- a. pply a. Adequate surface drainage and access for a hauler shall be provided. b. All manufactured homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the manufactured home is at or above the base flood level. If elevated on pilings, the following standards shall also apply i. The lots or pads shall be large enough to accommodate steps; ii. The pilings shall be placed in stable soil no more than 10 feet apart; and iii. Reinforcement shall be provided for pilings more than 6 feet above ground level. (3) Written certification of compliance with the standards contained in this section shall be provided by the installer of the manufactured home, the developer of the manufactured home park of subdivision, or the State agency responsible for regulating placement. The certification shall be maintained on file by the Development Services Department for flood insurance purposes. (4) No manufactured home shall be placed in a floodway or the FP -I District. (h) Findings. (1) Application for a permit may be denied where the Planning Division is unable to find that: 86 The development will not produce a significant risk to human life in the event of the design flood; The development is designed and sited so as to offer minimal obstruction to the flow of floodwater; and C. The development will not create a potential hazard or otherwise adversely affect property because of diversions, increased heights or velocities of floodwaters or because of increased debris or otherwise adversely affect the safety, use or stability of any public way, drainage channel or adjacent property during a flood condition. (2) Applicants for permits as provided for in this article shall be required to submit studies, plans or other evidence prepared by a registered professional engineer or architect to support the required findings necessary for approval of the permit. Sec. 13-83. EXCEPTIONS TO DESIGNATED FLOOD HAZARD AREA The Planning Division may determine that certain properties within a floodplain district are not required to comply with the provisions of this article, "floodplain" district, when it can be shown that any of the following circumstances or conditions are present: (a) The zoning map includes property within an FP district that is found not to be within a floodplain area due to incorrect preparation of the zoning map or to physical alteration or surrounding property which effectively removed the subject property from the floodplain area. The Director's determination shall be based on a study of topographic and design flood elevation contours on the subject property, and on such additional information as is found necessary or appropriate. Ibl Flood protective or flood control work, adequate to protect against the design flood and in compliance with County flood control and flood protective standards and policies, has been completed. The Director's finding shall confirm that any stream, channel, storm drain or landfill improvements fully offset flood surface elevations established by the applicable floodplain map; and that if the property is included on a flood insurance rate map or a flood boundary and floodway map, all such flood protective or flood control work has been approved by the appropriate Federal agency and the property removed from the floodplain designation on such maps. 87 CHAPTER VI. OFF-STREET PARKING STANDARDS ARTICLE 1 RESIDENTIAL DISTRICTS Sec. 13-84. PURPOSE The purpose of this article is to establish parking requirements for the residential zones. The provisions of this article shall apply to the R1, R2 -MD, R2 -HD and R3 zones, and to the residential portions of the Planned Development and Institutional and Recreational zones. Sec. 13-85. PARKING REQUIRED At the time of the construction of any building and/or structure or at the time any such building or structure is enlarged or increased by adding bedrooms, the following minimum off-street parking spaces shall be provided. The parking spaces shall provide safe and adequate ingress and egress and shall be maintained in connection with the building or structure and use of land. la) R1 zone. Each residence shall provide off-street parking in the form of a garage or garages which shall be a minimum of 20 feet in length and 20 feet in width, unobstructed inside measurements. As an alternative, the garage can be comprised of 2 areas that have interior dimensions that are 10 feet wide by 20 feet long, unobstructed inside measurements. Each residence shall have no more than 700 square feet of garage area unless authorized by a minor conditional use permit. (b) R2 -MD, R2 -HD, R3, PDR -LD, PDR -MD, PDR -HD, PDR -NCM and residential components of developments in the PDC and PDI zones. Required parking shall be per Table 13-85 , except that detached dwelling units on individual lots in the PDR -LD, PDR -MD, PDR -HD, and PDR - NCM zones served by a public or private street with a roadway width (distance measured between opposite curb faces) of 36 feet or more, shall provide parking according to subsection (a). 1c) Reduction of required parking. No owner or manager shall lease, rent, sell, or otherwise make unavailable to residents and guests the parking required by this subsection. Furthermore, the rental of a dwelling unit shall be deemed to include the exclusive use of one covered parking space and equal access to the required open spaces reserved for residents. fill Parking for accessory apartments and granny units. Accessory apartments and granny units as provided for elsewhere in this Zoning Code shall be provided with at least 2 on-site parking spaces in addition to parking required for the existing single-family residence. The parking need not be covered. City of Costa Mesa Parking Standards shall apply. Sec. 13-86. USE OF YARD AREAS FOR PARKING OR STORAGE OF MOTOR VEHICLES, CAMP TRAILERS, CAMPERS, TRAILERS AND BOATS (a) No person who owns or is in possession of any lot in a residential zone shall permit the parking or storage of any motor vehicle (as defined in State Vehicle Code Section 415), whether operable or not, or of any camp trailer, camper, or trailer (as defined in State Vehicle Code Sections 242, 243, and 630, respectively), or of any camper shell or boat, in any yard area visible from a public street. (b) Exceptions 111 Such vehicle parking and storage may be allowed on a paved driveway connecting a garage or carport with a public street. (2) Such vehicle parking and storage may be allowed as long as the parked or stored items are screened from each public street abutting the lot by opaque fencing, 6 feet in height, in accordance with applicable development standards. Sec. 13-87 GENERAL DEVELOPMENT STANDARDS General development standards for parking areas applicable to the residential zones are contained in ARTICLE 3 DEVELOPMENT STANDARDS of this chapter. 88 Table 13-85 RESIDENTIAL PARKING STANDARDS TENANT COVERED TENANT OPEN UNIT SIZE PARKING' PARKING zaMa GUEST PARKING 4a BACHELOR 1 0 .5 ]BEDROOM 1 .5 5 2BEDROOMS 1 l .5 3 OR MORE BEDROOMS 1 1.5 .5 (1) If covered parking for apartments is provided in a parking structure and there is more than one parking space in any parking structure, then there shall be no solid walls constructed to separate individual parking spaces. (2) Open parking spaces required by this section shall be distributed throughout the project at convenient locations and shall be screened from view from any public right-of-way (3) For projects on individual lots, individual driveways of at least 19 feet in length leading to two -car garages shall each account for no more than one (1) of the required tenant open parking spaces. The garages shall be furnished with automatic garage door openers and roll up doors as appropriate under the direction of the Planning Division. (4) Open parking can be reduced by .25 space per unit for one bedroom and larger units if the covered parking is provided within either a carport or a parking structure. For purposes of this section, a parking structure shall be defined as: a structure designed and constructed to provide covered automobile parking where parking spaces are located in a common area with no walls or other physical separations between spaces. Open parking requirements may be met by excess covered parking. (5) Guest parking shall be clearly marked and permanently maintained for individuals visiting within the development. Guest parking spaces shall not be allowed on individual driveways. Guest parking may be reduced to .25 space per unit for each unit above 50 in a large residential development. (6) Fractions equal to or above one-half (0.5) shall be rounded up. For rounding purposes, the tenant parking requirements shall be added together; guest parking shall be rounded up separately ARTICLE 2. NONRESIDENTIAL DISTRICTS Sec. 13-88. PURPOSE The purpose of this article is to establish parking requirements for all nonresidential zones, nonresidential components of the Planned Development Residential zones and to mixed-use developments in all zones. Sec. 13-89. PARKING REQUIRED The minimum amount of off-street parking as established in Table 13-89 shall be provided at the time: (a) Any building and/or structure is constructed; (b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats; (c) A specific use is proposed for a building site; or (d) An existing use is changed to one which requires additional parking. At all times, with the exception of the provisions of Section 13-98 DECLARATION OF LAND USE RESTRICTION , parking shall be provided according to the requirements of Table 13-89. Sec. 13-90. PARKING FOR USES NOT SPECIFIED The parking requirements for the uses not specified in Table 13-89 shall be determined by the Planning Division. The determination shall be based upon the requirements for the most comparable use specified in this chapter or other appropriate sources. Sec. 13-91 GENERAL DEVELOPMENT STANDARDS General development standards for parking areas applicable to the nonresidential zones are contained in ARTICLE 3 DEVELOPMENT STANDARDS of this chapter E9 TARLR" NO Rt21'PtALPATOWO STAMMM Un PARAEI Nr RAT1Oft*QWN ,tIOk A {ageegtB DOW ) Retail; Offices, Central Administrative Offices; 4 spaces per 1,000 square feet with a minimum of 6 spaces Establishments Where Food or Beverages are Served with no more than 300 sq. ft. of Public Area' Office Buildings exceedingtwo stories in height and 100,000 3 spaces per 1,000 square feet square feet in area Banks, Savings and Loans, Credit Unions 5 spaces per 1,000 square feet with a mtmmum of 6 spaces Medical and Dental offices; Acupressure; Massage 6 spaces per 1,000 square feet with a minimum of 6 spaces Furniture and Appliance Stores with Boor area greater Oen 2 spaces per 1,000 square feet with a minimum of 20 spaces 5,000 square feet Churches; Theaters; Mortuaries; Auditoriums; Services and Within the mam auditorium or assembly area: 1 space for each 3 fixed seats or Fraternal Clubs and Lodges, Amphitheaters and other similar 1 space for every 35 square feet of searing area if there are no fixed seats. 18 places of assembly lineal inches of bench shall be considered equal to one fixed seat. Racquetball and Tennis Facilities 3 spaces per court plus parking required for incidental uses such as restaurants which shall be calculated as noted below. Establishments Where Food or Beverages are Served with 10 spaces per 1,000 sq. ft. for the first 3,000 sq. ft; 20 spaces per 1,000 sq. ft. more than 300 square feet of Public Area' for each additional 1,000 sq, ft. above the first 3,000 sq. ft. ' Health Clubs, Spas; Figure Salons; Skating Rinks; Massage 10 spaces per 1,000 square feet Parlors; Game Arcades Bowling Alleys 3 spaces per lane plus parking required for incidental uses such as restaurants which shall be calculated as noted under "Establishments Where Food or Beverages are Served" Trade Schools; Business Colleges; Dancing and Music 10 spaces per 1,000 square feet Academies Motels t space for each rentable unit without cooking facilities. Each rentable unit with cooking facilities shall be governed by residential parking standards. Hotels I space for each two rentable units plus 10 spaces per 1,000 sq. ft. for the first 3,000 sq. ft. and 20 spaces per 1,000 sq. ft. for each additional 1,000 sq. ft. above the first 3,000 sq. ft. for restaurant, banquet, meeting room and kitchen spaces Establishments with Live Entertainment, i.e go-go dancers, l parking space for each person for the first 100 persons as authorized by topless dancers, bikini dancers capacity signs posted by the fire department; 1 parking space for each 2 persons for every 101 to 300 persons as authorized by capacity signs posted; 1 parking space for each 3 persons for every 301 plus persons as authorized by capacity signs posted by the fire department. ' Establishments limited to swung for 12 or fewer persons prior to lune 4, 1997 shall remain at that sealing limit unless additional parking is provided pursuant to this Zoning Code. z Where the boundaries of an outdoor seating area can be readily established, the outdoor sealing area shall be added in the gross Boor area of the building for purposes of determuung the required parking. Where the boundaries form outdoor seeing area cannot be readily established, parking for the outdoor seating area shall be provided a a ratio of one space per table. When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not in exceed 30 spaces per 1,000 square feet of Boor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of Boor area devoted in bar as compared to restaurant use. The maximum parking rate shall be applicable in uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses 91 TABIE 13-89 NONRESIDENTIAL. PARKING STANDARDS USE PARKING RATIO PER GROSS FLOOR AREA (except as noted otherwise) Shopping Centers with a minimum of 600,000 square feet of contiguous gross leasable area: Main Structure (or group of abusing structures) Retail ________________ _______ 5 spaces per 1,000 square feet of gross leasable area ____ ___________________________ Establishments where food or beverages are served I space per 1,000 square feet of gross leasable area occupying 5% or less of the total contiguous gross leasable area __________ ___ __ Establishments where food or beverages or served _ _______________________ 5 spaces per 1,000 square feet of gross leasable area in excess of 5% of the total contiguous gross leasable area ______ ____ ________Space Office S ace occupy ing10% or less of the total _______ ________ None contiguous grass leasable area ______ __ ________ ___ ___________________________ Office Space in excess of 10% of the total 4 spaces per 1,000 square feet of gross leasable area with a minimum of b contiguous gross leasable area _______________________ spaces ____ Theaters (cumulative) 750 seats and less 5 spaces per 1,000 square feet of gross leasable area more than 750 seats 5 spaces per 1,000 square feet of gross leasable area plus 3 spaces for each _ _ __________ additional 100 seats __ Uses with,. free-standme structures _ _ ___ &tablishments where food or beverages are served _______________------------------------------------------------------ 10 spaces per 1,000 square feet of gross leasable area All others Pursuant to this table Mixed Use Developments When there are mixed uses within a single development which share the same parking facilities, the total requirement for parking shall be determined as outlined in "City of Costa Mesa Procedure for Determining Shared Parking Requirements" which are included herein by this reference and which may be amended from 0me to time by resolution of the City Council. A greater reduction in parking than would be allowed under this procedure may be approved by minor conditional use permit where it can be demonstrated that less parking is needed due to the hours of operation or other unusual features of the users involved. Industnal 3 parking spaces shall be provided per 1,W0 square feet of gross floor area for the first 25,000 square feet of building; 2 parking spaces shall be provided per 1,000 square feet of gross floor area between 25,000 and 50,000 square feet of budding; and One and one-half parking spaces shall be provided per 1,000 square feet of gross Roor area over 50,001 square feet of building ZVI ARTICLE 3. DEVELOPMENT STANDARDS Sec. 13-92. PURPOSE The purpose of this article is to ensure that adequate area is allocated for the consistent development of parking and loading areas. Sec. 13-93. GENERAL STANDARDS All parking areas shall be constructed in accordance with the following standards: (a) Driveway width. 0) In residential projects, driveways providing access to one dwelling unit shall be at least 10 feet wide. Driveways providing access to 2 or more dwelling units shall be at least 16 feet wide. Driveways providing straight -in access from a public street to a garage shall be at least 19 feet long las measured from the property line) except in the planned development zones (see CHAPTER V, ARTICLE 6 PLANNED DEVELOPMENT). (2) In commercial, industrial and institutional projects, all two-way driveways shall be at least 20 feet wide, and all one-way driveways shall be at least 14 feet wide. (3) For all projects, shared driveway access between adjoining properties is subject to approval of a minor conditional use permit. (b) Garage door widths. In residential developments with garages, the width of the garage doors shall be 6 feet for single doors and 16 feet for double doors. (c) Landscaping. For all projects landscaping shall be developed pursuant to CHAPTER VII LANDSCAPING STANDARDS. (d) Lighting. All required parking areas and driveways shall be illuminated under the direction of the Planning Division. Lights used to illuminate parking areas shall be directed away from any adjoining premises located in any residential zone under the direction of the Planning Division. (e) Prohibited parking. In residential zones, no parking shall be permitted in any required setback areas abutting a public street except in a driveway serving the garage of only one dwelling unit. (f) Screening. In residential zones, except for single-family detached homes, parking visible from a public street shall be screened in a manner acceptable to the Planning Division. Igl Marking. Except for single-family detached homes, every parking space shall be clearly marked and such marking shall be maintained in a visible and legible manner. (h) Wheel stops. The Planning Division may require that parking be designed to overhang landscaped areas by up to 2 feet or that concrete wheel stops be installed. Any broken or damaged wheel stop shall be replaced. (i) Paving. Off-street parking areas and driveways shall be paved with asphaltic or concrete surfacing, unless approved otherwise by the Development Services Department. The parking and driveways shall be graded and drained to dispose of all surface water to a public right-of-way or storm drain under the direction of the City Engineer In residential zones, the paving under required covered parking spaces shall be Portland cement concrete. 0) Parking spaces and back-up aisles. Parking spaces and back-up aisles shall conform to "City of Costa Mesa Parking Design Standards" which are included herein by this reference 93 and which may be amended from time to time by resolution of the City Council, unless an alternative plan is approved by the Planning Division. (k) Ramp slopes. Ramp slopes shall conform to "City of Costa Mesa Ramp Slope Standards" which are included herein by this reference and which may be amended from time to time by resolution of the City Council. Diagonal or perpendicular parking stalls. When diagonal or perpendicular parking stalls are provided only on one side of a driveway, the opposite side shall be clearly posted "NO PARKING, TOW AWAY ZONE." (m) Location of parking spaces. Except in common interest developments, all required off-street parking spaces shall be located on the same lot as the use for which it is required except that such required spaces may be permitted at other locations when and as authorized by a conditional use permit. In) Vehicular circulation. Parking areas shall provide internal circulation or sufficient designated turnaround space pursuant to the "City of Costa Mesa Parking Design Standards" Sec. 13-94. SMALL CAR PARKING (a) For residential projects with more than 15 unassigned parking spaces, 40 percent of all unassigned spaces may be small car spaces. Unassigned parking spaces shall include all guest spaces in condominium developments and all parking spaces in excess of one covered space per dwelling unit in apartment developments. Additional parking may be designated as "unassigned" pursuant to the approval of a minor conditional use permit. (b) For commercial projects with more than 15 spaces, 25 percent of required parking may be small car spaces. Where parking is clearly designed to serve long-term, repeat parkers (e.g. employees), small car parking may be allowed up to a maximum of 40 percent pursuant to the approval of a minor conditional use permit. (c) For industrial projects with more than 15 spaces, 40 percent of required parking may be small car spaces. (d) In all zones, the small car spaces shall comply with City of Costa Mesa standards and shall be clearly marked "SMALL CAR ONLY" or "COMPACT" under the direction of the Planning Division. All parking in excess of City requirements may be small car spaces. The distribution, location, and marking of small car spaces shall be subject to the approval of the Planning Division. Sec. 13-95. ACCESSIBLE PARKING FOR HANDICAPPED PERSONS Accessible parking for handicapped persons shall be provided as required by Title 24 of the State Administrative Code. In administering the Code requirements, fractions equal to or above 0.5 shall be rounded up to the next whole number Sec. 13-96. PARKING SPACES PERMANENTLY AVAILABLE FOR AUTOMOBILE PARKING In commercial or industrial projects, all parking spaces as provided for by this chapter shall be made permanently available for automobile parking for employees working at the premises, customers and guests having lawful reason to be at the premises for which such parking is required. It shall be unlawful for any owner, lessee, tenant or any person having control of the operation of any premises for which parking is required by this chapter to prevent, prohibit or restrict authorized persons from using parking provided for such persons under the provisions of this chapter, except that parking fees may be charged and valet parking may be offered when and as authorized by a conditional use permit. Sec. 13-97 EXCESSIVE PARKING SPACES 94 Where it can be shown that the required parking will substantially exceed the demand of the actual use, the Zoning Administrator may, by minor conditional use permit, allow or require such excess parking to be provided as landscaping, subject to suitable conditions. Sec. 13-98. DECLARATION OF LAND USE RESTRICTION The Planning Division may require that a declaration of Land Use Restriction be recorded to ensure that future property owners are informed of use restrictions resulting from the number of parking spaces provided. Sec. 13-99. VEHICLE STANDING, LOADING AND UNLOADING In commercial or industrial projects: (a) Vehicle standing, loading and unloading shall be conducted so as not to interfere with normal use of streets, sidewalks, driveways and on-site parking. (b) Vehicle loading areas may be provided under the direction of the Planning Division. No loading area shall encroach into a required building setback along a public right-of-way. All loading areas or loading docks shall be screened from public view under the direction of the Planning Division. Sec. 13-100. TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS Commercial, industrial and/or mixed use projects, which are estimated to employ 100 or more persons, may also be subject to CHAPTER IX SPECIAL LAND USE REGULATIONS, ARTICLE 12 TRANSPORTATION DEMAND MANAGEMENT 95 CHAPTER VII. LANDSCAPING STANDARDS Sec. 13-101 PURPOSE (a) The intent of this chapter is to achieve the following: (1) Offer as much latitude as possible when designing required landscaping. (2) Address water conservation measures through the landscape and irrigation design (3) Encourage sustainable landscapes through actions that conserve, recycle and reuse the resources which are invested in landscapes. (4) Encourage landscape design which deters graffiti on walls. (5) Encourage applicants to take full advantage of the wide range of drought tolerant landscape materials and low water flow irrigation systems available within the framework established by this chapter. Ib) The provisions of this chapter do not apply to the R-1 zoning district. Sec. 13-102. DEFINITIONS The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Compost. Biologically decomposed organic material which includes grass clippings, leaves and other garden debris and which may also contain vegetable and fruit refuse. Drought tolerant Plant material. Those plants that tolerate heavy clay to sandy soils with use of limited supplemental water. The plants are able to thrive with deep, infrequent watering once their root systems are established (3-12 month average time period). Plants include those that naturally grow in areas of limited natural water supply (native and non-native plant species) and are adaptable to weather and soil conditions prevalent in Costa Mesa. Low water flow irrigation. A system of watering plant material using drip/trickle, reduced water emitting devices, low precipitation heads, soaker lines, or other similar mechanisms, which restricts the amount of water in gallons per minute to allow for deep percolation into the soil. The low water flow irrigation system, combined with watering practices outlined in this chapter, will reduce water loss through evaporation, wind drift and overwatering. Mulch. Shredded or chipped wood from tree branches and trunks and from uncontaminated wood products or lumber; this material is often mixed with leaves and grass clippings for optimal effect. Sec. 13-103. GENERAL PROVISIONS (a) Landscape and irrigation plans shall be required for all projects requiring discretionary approval and for all City -initiated projects. In the planned development and Town Center zones, the plans shall be prepared under the direction of a licensed landscape architect. The plans shall be submitted for approval to the Planning Division prior to the issuance of any building permits and shall be prepared in accordance with requirements and standards maintained in the Planning Division. All unpaved areas shall be planted with an effective combination of trees, groundcover, lawn, shrubbery and/or approved dry landscape materials. The plan shall include, but shall not be limited to type, size, quanity and location of all plants and trees, type of groundcover, sprinklers, all walls, fences, or barriers, trash enclosures, driveways, parking lot and security lighting, and type, location and assignment of street addresses on property. 911 (b) When the provisions of this chapter conflict with other sections of the Municipal Code, the more stringent shall apply (c) Any modification to an approved landscape or irrigation plan must be approved by the Planning Division prior to installation of the landscaping or irrigation system. (d) All plan approvals are subject to and dependent upon the applicant complying with all applicable ordinances, codes, regulations, adopted policies and the payment of all applicable fees and assessments. (e) No final inspection or occupancy clearance will be granted until all of the landscaping and irrigation is installed in accordance with the approved plans. (f) Landscaping and irrigation systems shall be located, designed and maintained as specified on the approved plans. (g) Landscaping which is a part of a registered historical site, park, or golf course facility, as well as landscaping and irrigation systems for cemeteries may be exempted from the provisions of this chapter, when deemed necessary and appropriate by the Planning Division. Sec. 13-104. LANDSCAPE PLAN OBJECTIVES (a) Each landscape plan shall be compatible with the shape and topography of the site and the architectural characteristics of the structures) on the site. Each landscape plan shall be compatible with the character of adjacent landscaping, provided the quality of the adjacent landscaping meets the standard of these guidelines. However, it is not the intent of this section to require the use of identical plant materials or landscape designs. Where existing mature landscaping is in good, healthful condition, an effort shall be made to retain and to incorporate that landscaping into the overall landscape theme. (b) Each landscape plan shall illustrate a concern for design elements such as balance, scale, texture, form and unity (c) Each landscape plan shall address the functional aspects of landscaping such as grading, drainage, minimal runoff, erosion prevention, wind barriers, provisions for shade and reduction of glare. Each landscape plan shall demonstrate a concern for solar access, including exposure and shading of window areas. (d) Landscaping shall be used to relieve solid, unbroken elevations, soften continuous wall expanses and deter graffiti. (e) Landscaping may be required to screen storage areas, trash enclosures, parking areas, public utilities, freeways, highways and other similar land uses or elements which do not contribute to the enhancement of the surrounding area. Where plants are required for screening, such screening shall consist of the use of evergreen shrubs (minimum 5 gallons), vines and/or trees closely spaced. Sec. 13-105. LANDSCAPING REQUIREMENTS (a) All required setbacks abutting a public right-of-way shall be landscaped (except for walks and driveways which provide access from a public right-of-way). (b) Except in residential and institutional and recreational zones, parking areas shall be landscaped pursuant to the following standards: 97 (1) Commercial Zones including Planned development commercial: 25 square feet of landscaping shall be provided for each parking space provided other than spaces within a parking structure. Exception: In the TC district, all parking areas not within parking structures shall be provided irrigated landscaping at the rate of 15 square feet per parking space. Included in the required landscaping shall be one tree for every 10 spaces. (2) Industrial Zones including planned development industrial: 15 square feet of landscaping shall be provided for each parking space provided other than spaces within a parking structure. (3) All Zones: The landscaping shall be distributed throughout the parking area and shall be in addition to the required street setback landscaping. In lieu of the required square footage of landscaping per space, parking structures shall be developed with perimeter landscaping under the direction of the Planning Division. Ic) Perimeter landscaping adjacent to the property lines is encouraged in parking areas. Planter area curbs may be used in place of wheel stops. (d) All landscaping shall be separated from parking and vehicular circulation areas by a raised, continuous 6 -inch Portland cement concrete curb. Other materials which accomplish the same purpose may be approved by the Planning Division. (e) The Planning Division may require landscaping in excess of the minimum area specified for a proposed development, provided the additional landscaping is necessary to: (1) Screen adjacent uses from parking area, activities, storage or structures that could cause a negative impact on adjacent uses based on aesthetics, noise, odors, etc.; or (2) Provide landscaping that is compatible with neighboring uses. (3) Provide landscaping (shrub or vine) to deter placement of graffm on walls. (f) Landscaping located in proximity to street intersections or where a driveway intersects a sidewalk shall conform to the City standards of the which are established by resolution of the City Council. (g) It shall be unlawful to plant, maintain, or allow to exist any thorn -bearing plant material contiguous to any public right-of-way. Sec. 13-106. REQUIRED LANDSCAPING MATERIALS Is) All required landscaped areas, including landscaped areas within parking lots, shall consist of drought tolerant plant material and shall meet the following minimum requirements: (1) One (minimum 15 gallon) tree shall be provided for every 200 square feet of landscaped area. 20 per cent of the required trees shall be 24 -inch box minimum. The number of required trees may be reduced by the Planning Division when it is determined that an alternative design will meet the intent of Section 13-104 LANDSCAPE PLAN OBJECTIVES. All trees shall be staked in accordance with standards maintained by the Community Services Department. (2) One shrub shall be provided for every 25 square feet of open space. 50 per cent of the required shrubs shall be a minimum of 5 gallons. The number of required shrubs may be reduced by the Planning Division when it is determined that an alternative design will meet the intent of Section 13-104 LANDSCAPE PLAN OBJECTIVES. 98 (3) At least 50 percent of all landscaped areas containing trees and shrubs shall be underplanted with ground -cover, with the remaining areas to incorporate a minimum 2 inch layer of compost or mulch. Groundcover shall be approved by the Planning Division. (4) Turf incorporated into the landscape design shall not constitute more than 50 percent of the total landscaping area. The turf shall be of a drought tolerant variety. (b) Street trees located within the parkway and/or front setback shall meet with the approval of the Community Services Department. (c) The plant material selected shall be suitable for the given soil and climate conditions. Plant selection shall take into consideration water conservation through appropriate use and groupings of plants that are well adapted to particular sites and to particular watering needs, climatic, geological or topographical conditions. (d) Materials such as crushed rock, redwood chips, pebbles and stone are not satisfactory substitutes for live plant materials although their limited use may be approved by the Planning Division. Mulch or compost may be used to fulfill part of the groundcover requirement as noted in Section 13-106(a)(3) REQUIRED LANDSCAPING MATERIALS. Artificial plants are not acceptable. (e) Compost and/or mulch used as a groundcover shall maintain a consistent 2 inch minimum layer and provide complete coverage under shrubs. Sec. 13-107 IRRIGATION REQUIREMENTS (a) All landscaped areas shall be provided with an approved irrigation system. Landscaped areas shall be provided with an automatically time -controlled sprinkler system when the site is zoned commercial or industrial, or when the site is zoned residential and permits more than 3 dwelling units. Ib) Irrigation system shall consist of underground piped water lines with low water flow sprinklers and/or a drip or trickle irrigation system. The system chosen shall be designed to provide adequate coverage to all plant material, existing and proposed. Water meter and line sizes shall be calculated from total water demand, which should be, at least, the sum of the maximum irrigation demand and all building demand. Due to varying irrigation requirements, separate control valves and/or sprinkler/emitter heads shall be used when shrubs and turf all appear on the same landscape plan. The irrigation system shall be designed so that overspray and runoff onto streets, sidewalks, windows, walls and fences is minimized. Landscaped areas should be watered between 6:00 a.m. and 10:00 a.m. to provide maximum benefit to the plant material and to reduce unnecessary water loss through drift and evaporation. (c) Irrigation systems for projects one acre or more in area shall use reclaimed water whenever such water is available to the site. The systems shall be subject to appropriate health standards. Recirculating water shall be used for any decorative water features. Sec. 13-108. LANDSCAPE MAINTENANCE Landscaping shall be maintained in an orderly and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and application of appropriate quantities or water to all landscaped areas. In addition, landscape maintenance practices which foster long-term landscape water conservation shall be employed. The practices may include, but not be limited to, performing routine irrigation system repair and adjustments, scheduling irrigation based on the California Irrigation Management Information System, use of moisture -sensing or rain shut-off devices, conducting water audits and prescribing the amount of water applied per landscaped acre. PF] CHAPTER VIII. SIGNS ARTICLE i PURPOSE AND SCOPE Sec. 13-109. PURPOSE AND INTENT The purpose of this chapter is to regulate the type, size and placement of signs on properties in the city in such a way as to balance the identification and communication needs of businesses with traffic safety and the needs of the citizens for a pleasant, uncluttered environment in which to live, work and play. It is the intent of this chapter to implement the goals of the General Plan to create and maintain an aesthetically pleasing and functional environment and to create an environment where business can succeed while being in harmony with other City goals. Sec. 13-110. SCOPE The scope of this chapter is limited to the physical regulation of on-site and off-site signs. This chapter does not limit the informational contents of a sign, nor does it limit the use of signs not visible from off site. This chapter does not regulate product displays, flags of any nation or of the State of California, governmental signs, or any display or construction not defined herein as a sign. 100 ARTICLE 2. GENERAL PROVISIONS Sec.13-111 DEFINITIONS As used in this chapter, the following terms shall have the meanings set forth below: Advertising statuary. An imitation, representation or similitude of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used for commercial purposes. Area (of sign). The area included within the outer dimensions of a sign. The area of multiple face signs and advertising statuary shall mean one-half the total surface area. In the case of "skeleton letters' or other signs placed on a wall without any border, the area shall be the sum of the areas of each letter or figure. The area of each letter or figure shall be computed by enclosing the letter or figure within sets of parallel lines. Balloon. Any inflatable object having a maximum dimension of 24 inches or less, including but not limited to plastic, cloth, or canvas, with or without copy or in the shape of any object. Banner. Baa, or pennant. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes. Flags of a nation or of the State of California, displayed as such in an appropriate manner, are excepted from these regulations. Billboard. A sign that advertises a business, product, service or activity which is not available at or is not conducted on the premises on which the sign is located. Construction sign. A sign stating the name of the future site occupant and which may include the names, addresses, and telephone numbers of businesses directly related to the construction project, including but not limited to the architect, engineer, contractor and financing entity Convenience sign. A sign, not larger than 9 square feet, providing directional information and designed to be viewed on site or adjacent to the site by pedestrians and/or motorists. Directional sign. A real estate sign located off-site or off -premises and providing directional information relating to property being offered for sale, lease or rent. For sale sign. A real estate sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent. Freestanding sign. A sign supported permanently upon the ground by poles, braces or other supports, and not attached to any building. Height (of sian). The vertical distance from grade to the highest point of the sign or sign structure. Illegal sian. Any sign installed or modified without proper City approval and/or permits as required by the Costa Mesa Municipal Code at the time the sign was installed or modified. Illumination - exterior. Illumination cast on a sign from an exterior source, such as a floodlight. Illumination - interior. Illumination generated from the interior of a sign. Illumination - interior with opaque background. Interior illumination of a sign where the background of the sign face is opaque and only the copy is illuminated. Inflatable. Any inflatable object having a maximum dimension in excess of 24 inches, including but not limited to plastic, cloth, or canvas, with or without copy or in the shape of any object. Neighborhood identification sign. A sign identifying the entrance to a residential area consisting of 5 or more acres. 101 Nonconforming sign. A sign which was legally installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this chapter Open house sign. A real estate sign with the words "Open House" as the primary copy Political campaign sign. A sign indicating the name and/or picture of an individual seeking election to a public office, or concerning any issue, ballot measure or ballot proposition in a municipal, community, state or federal election, or pertaining to the advocating by persons, groups, or parties of political views or policies regarding a matter to be voted on in a forthcoming election. Portable sign. Any sign which can be moved from place to place which is not permanently affixed to the ground or to a building. The term portable sign includes any sign affixed to an automobile, truck, trailer, or other vehicle where such sign solicits patronage to a specific business by means of parking such a vehicle primarily for the purpose of advertising such business. The term portable sign shall also include a sign posted in or on a vehicle parked on public or private property without written consent of the property owner, advertising that vehicle for sale. Private security company identification sign. A sign which advises that a neighborhood or area is patrolled by a private security company and which may include the name and/or logo of a private security company. Real estate sign. A temporary sign placed for the purposes of advertising property for sale, lease or rent, and includes "directional sign," "for sale sign" and "open house sign" Sign. Any medium for visual communication, including its copy, structure and component parts, which is used or intended to be used to attract attention to, or identify, or advertise a business, product, service, activity or location or to provide information. "Sign" includes statuary and graphic wall designs used for advertising purposes. "Sign" includes billboards. Site. One or more parcels of land identified by the assessor's records and for which an integrated building development exists or has been proposed. Street. A public or private alley, street or highway improved to allow vehicular access. Temporary window sign. A non -illuminated sign placed on or behind a window for a period of time not in excess of 60 days for the purpose of advertising special sales, prices, products or services. Sec. 13-112. PROHIBITED SIGNS The following types of signs are prohibited in all zones: (a) Signs which incorporate any flashing, moving or intermittent lighting, except changeable copy on electronic signs; (b) Signs which by color, wording, design, location, or illumination resemble, obstruct or conflict with any traffic -control device or with safe and efficient flaw of traffic; (c) Signs that create a safety hazard by obstructing clear view of pedestrian and vehicular traffic; Id) Flags, banners and pennants except as authorized in Table 13-115; (e) Signs projecting into or located in the public right-of-way, except as authorized by City Council pursuant to Section 13-127 or Chapter II of Title 19; (f) Balloons and inflatable objects larger than 24 inches in any dimension; (g) Portable signs; (h) Mechanical movement, other than changeable copy; and (i) Signs which project above a parapet or the highest point of the roof. 102 ARTICLE 3. SIGN REGULATIONS Sec. 13-113. GENERAL REQUIREMENTS Unless otherwise provided in this chapter, erection, relocation or modification of all signs shall be in accordance with the requirements of this article, including the specific regulations listed in Table 13- 115. Sec. 13-114. PERMITS REQUIRED Where indicated in Table 13-115, the erection, relocation or modification of signs shall require permits and payment of fees as described in ARTICLE 7 ADMINISTRATION AND ENFORCEMENT of this chapter. No permit shall be required under this chapter for maintenance of a sign or for change of copy on a changeable copy sign. The requirements of this chapter are in addition to the requirements of the Uniform Building Code, National Electrical Code and other applicable codes. Sec. 13-115. SIGNS REGULATIONS AND DESIGN STANDARDS Table 13-115 indicates the maximum allowed area, height, number, and other design restrictions for both permanent and temporary signs. 103 TABLE 13115. SIGN REGULATIONS PERMANENT SIGNS RESIDENTIAL ZONES COMMERCIAL ZONES INDUSTRIAL ZONW INSTITUTIONAL ZONES TOTAL SIGN AREA PER STREET Residential uses: 1.0 sq. ft. per ft of lot width 30 sq. ft for sites less than 1 FRONTAGE 1.0 sq ft per unit, trot to exceed 90 sq ft + 0.5 sq. ft. per ft. of la depth acre. (25 sq ft. mmimum for sites with 4 or more units). 45 sq. ft. for sues of 1 acre or MOM. Permitted non-residential uses: 30 sq. ft. for sites less than I acre. 45 sq. ft. for sites of I acre or more. FREESTANDING SIGNS PERMIT REQUIRED Yes DEVELOPMENT I. Most be located in landscaped planter equal in twice the sign area. STANDARDS 2. May not obstruct visibility for motorists or pedestrians at driveways or intersections 3. May not obstruct visibility of legal signs on adjacent sim(s). 4. Most incorporate street address: 6 inches high in residential zones 12 inches high in non-residential zones The address area, up to 6 sq. ft. is not counted against allowable sign area. 5. See Section 13-116 if located whin 200 ft of residentially -coned property. MAXD.fUM AAEA 30 sq. ft. Total area of all freestanding signs may out exceed 50% of totalF30 q. ft. for sites less than 1 (Includes both on-site and neighborhood identification allowed sign area per meet frontage. . signs.) q ft. for sites of 1 acre or re. MAXIMUM HEIGHT 7 ft. 25 ft. 7 ft. NUMBER & SEPARATION 150 ft. separation between freestanding signs on same site. ILLUMINAT10N Exterior, or interior with opaque background. No No Flashing or blinking allowed. Exterior, or interior with Bashing or blinking allowed. opaque background. No Bashing or blinking allowed VERTICAL CLEARANCE 8 ft. minimum clearance over pedestrian circulation areas 16 ft. mimmum clearance over parking and vehicular circulation areas. 104 TABLE 13-115 SIGN REGULATIONS (CONTINUED) PERMANENT SIGNS (motioned) RESIDENTIAL ZONES COMMERCIAL. ZONES INDUSTRIAL ZONES INSTITMONAL ZONES FREEWAY -ORIENTED FREESTANDING SIGNS PERMIT REQUIRED Prohibited Yes Prohibited MAXIMUM AREA AND N/A For commercial properties of one N/A HEIGHT acre or more, within 300 feet of a freeway exit: One freeway -minted sign may be allowed, mato exceed 230 sq R. and 32 R. high. ILLUMINATION N/A No Flashing or blinking N/A VERTICAL CLEARANCE N/A 8 ft minimum clearance over N/A pedestrian circulation areas. 16 ft. minimum clearance over parking and vehicular circulation areas. BUILDING SIGNS PERMIT REQUIRED Yes MAXIMUM AREA Total area of all permanent signs (frees(andmg signs and budding signs) may not exceed TOTAL SIGN AREA PER STREET FRONTAGE. See Section 13-116 for commercial or industrial signs located within 200 ft. of residentially -zoned property. ILLUMINATION Exterior, or interior with opaque background. No No Oashmg or bhnkmg allowed. Exterior, or interior with Flashing or blinking allowed. opaque background. No Bashing or blinking allowed. VERTICAL CLEARANCE Awning, canopy and projecting signs: 8 R. minimum clearance over pedestrian circulation areas. 16 R. minimum clearance over parking and vehicular circulation areas CONVENIENCE SIGNS PERMIT REQUIRED Yes DEVELOPMENT 1. 9 sq. ft, maximum per sign. STANDARDS 2 Not counted against allowable sign area. 3. Placement and height subject to approval of Planning Division 105 TABLE 13-115 SIGN REGULATIONS (CONTINUED) TEMPORARY SIGNS RESIDENTIAL TONES COMMERCIAL ZONES INDUSTRIA. ZONES I INSTITUTIONAL ZONES CONSTRUCTION SIGNS PERMIT REQUIRED Yes DEVELOPMENT 1. One per street frontage. STANDARDS 2. 64 sq. ft. maximum. 3. 16 ft. high maximum 4 Must be removed within I year after installation, or within 30 days of final inspection, whichever occurs first. REAL ESTATE SIGNS (No permits are required.) ___________________ __ __________ ___ ______ FOR SALE SIGNS 1. One per street frontage. 1. One per street frontage. 2. 5 sq ft. maximum. 2 32 sq. ft. maximum. ___________________ 3. 6 ft. high maximum. _______ce_________________ 3 12 ft. high maximum. _____________ ______ _____ OPEN HOUSE SIGNS 1. One r street frontage. Prohibited 2. 3 sq. ft. maximum. 3. 5 ft. high maximum. ___________________________ _____ ____ ___________________ DIRECTIONAL SIGNS 1. As needed to direct traffic from nearest Prohibited major street(s). 2. 3 N. ft. maximum per sign. 3. 4 ft. high maximum. 4. May not obstruct visibility of pedestrians or motorists 5. May not have balloons, flags or other attachments. 6. May be displayed only during hours of open house. POLITICAL SIGNS 5 sq. ft maximum per sign. Subject to Section 13-123 Subject to Section 13-123 POSTERS (RELIGIOUS, 6 sq. ft. each. CHARITABLE, EDUCATIONAL, CULTURAL) (No permits are required.) GOVERNMENTAL AND Allowed G-RSIGNS 106 TABLE 13-115 SIGN REGULATIONS (CONTINUED) TEMPORARY SIGNS RESIDENTW, ZONES COMMERCIAL ZONES INDUSTRIAL ZONES INSTITUTIONAL ZONES TEMPORARY WINDOW SIGNS Prohibited 10% of window area. Prohibited (No permits are required) APARTMENT FLAGS I I per 60 ft of lot frontage (minimum of 2) Prohibited (No permits are required.) 2 15 sq. ft. maximum. 3 18 ft. high maximum. 4 Must be maintained in good condition, removed or replaced if torn, faded or dory BALLOONS AND INFLATABLES Prohibited Allowed, subject to the following: Prohibited (less than 24 inches) 1. May not extend beyond any property line or over any (No permits are required.) public right-of-way, regardless of wind conditions. 2. Must be securely anchored 3. May not be released into the air. 4. Metallic balloons are prohibited. BALLOONS AND INFLATABLES Prohibited (over 24 inches) BANNERS (No permits are required.) MAXIMUM AREA 0.5 sq. ft. per unit. 0.5 sq ft. per lineal foot of budding frontage facing the street. Maximum area 100 sq. ft. per site. Minimum entitlement: 25 sq. ft per tenant. Maximum area: 75 sq ft per tenant. TIME LIMrS None DEVELOPMENT L Must be securely affixed to budding wall of the business being advertised, or to the freestanding sign. STANDARDS 2. May not be attached to any staff, pole, line, framing, vehicle or similar support. 3. May not project above roof. 4 Must be maintained in good condition: removed or replaced if tom, faded or dirty EFFECTIVE DATE Banner restrictions and requirements shall become effective January 1, 1996. 107 Sec. 13-116. SIGNS ADJACENT TO RESIDENTIAL ZONES In commercial and industrial zones, all signs located within 200 feet of residentially -zoned property shall conform to the following restrictions: (a) Freestanding signs shall be limited to 7 feet in height unless non -illuminated or placed in such a location that visibility from residentially -zoned property within 200 feet is completely obscured by permanent structures on the commercially- or industrially -zoned property (b) Building signs shall be placed no higher than the first story level unless non -illuminated or located so as not to be visible from residentially -zoned property within 200 feet. (c) Signs that do not comply with the requirements of paragraphs (a) and (b) above may be authorized as part of a Planned Signing Program, if the Zoning Administrator finds that the proposed sign(s) will not have adverse visual impacts on residentially -zoned property within 200 feet. Sec. 13-117 MAINTENANCE OF PERMANENT SIGNS All signs shall be maintained in a safe, structurally sound condition and in good repair at all times. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. Defective, damaged or substantially deteriorated signs may be ordered to be repaired or abated as provided for in applicable codes and ordinances. Sec. 13-118. STREET BANNERS Special event banners and holiday banners may be placed in the public right-of-way after obtaining the necessary approval as required by the applicable City Council Policy Sec. 13-119. BILLBOARDS The area of any billboard that was legally erected before October 6, 1984, shall not be included in the calculation of sign area for the site on which it is located until any new building is placed or constructed on that site, after which the calculation of sign area shall include the area of all billboards on the site, regardless of time of construction. 108 ARTICLE 4. SPECIAL PROCEDURES Sec. 13-120. PLANNED SIGNING PROGRAMS Signs may be authorized as part of a Planned Signing Program even if they do not conform to all specific regulations contained elsewhere in this chapter A Planned Signing Program is intended to provide maximum incentive and latitude to encourage variety and good design, and to allow response to special circumstances, but shall not be used to circumvent the objectives of this chapter. la) To encourage consistency of design and regulation, an association of similar businesses may submit a Planned Signing Program for a number of non-contiguous sites. (b) Procedure. A Planned Signing Program shall be processed as a minor conditional use permit in accordance with provisions contained in CHAPTER III PLANNING APPLICATIONS. (c) Review Standards. A Planned Signing Program may be approved only if the following findings are made: (1) The proposed signing is consistent with the intent of this chapter and the General Plan. (2) The proposed signs are consistent with each other in design and construction - taking into account sign style and shape, materials, letter style, colors and illumination. (3) The proposed signs are compatible with the buildings and developments they identify - taking into account materials, colors and design motif. 14) Approval does not constitute a grant of special privilege or allow substantially greater overall visibility than the standard ordinance provisions allow 109 ARTICLE 5. NONCONFORMING SIGNS Sec. 13-121 DETERMINATION OF LEGAL NONCONFORMITY An existing sign which does not conform to the specific provisions of this chapter may be eligible for the designation "legal nonconforming" and may continue to be used and maintained, including change of copy, provided that: (a) The sign was installed in conformance with a valid permit and complied with all applicable laws and ordinances on the date it was installed. (b) The sign is properly maintained and does not in any way endanger the public. Sec. 13-122. LOSS OF LEGAL NONCONFORMING STATUS (a) A legal nonconforming sign may lose this designation if (1) The sign is removed or relocated for any period of time except to be replaced by a new sign of the same type which reduces the nonconformity by at least 50 percent; (2) The structure or size of the sign is altered in any way except to reduce its nonconformity by at least 50 percent; or (3) The sign is damaged or destroyed by any means to an extent of more than 50 percent of its value. (b) When a legal nonconforming sign loses this designation, it shall be brought into conformance with the provisions of this chapter or removed from the site within 90 days. 110 ARTICLE 6. POLITICAL CAMPAIGN SIGNS Sec. 13-123. POLITICAL CAMPAIGN SIGNS (a) Any person, party, entity, or group posting political signs within the boundaries of the City of Costa Mesa shall first file a statement with the City Clerk designating the person or entity responsible for political signs to be posted in the City and liable for the estimated actual cost of removal of the political signs to guarantee compliance with the provisions of this ordinance, and such statement shall certify to the City Clerk that consent has been obtained from the owners, lessees or occupants of private real property prior to placement of political signs thereon. Only one political sign statement shall be required of any party or group, regardless of the number of individuals posting signs on its behalf. Any person, party, entity, or group posting political signs within the public rights-of-way shall be liable for the cost incurred in the removal, storage and disposal thereof as provided in Section 13- 127 (b) All political signs shall be removed not later than 10 days following the date of the election. (c) No political campaign sign shall be placed or posted on any public property or utility pole or within a public right-of-way Prohibitions and penalties provided in Section 13-127 shall apply to political campaign signs. (d) No political campaign sign shall be lighted, either internally or externally (e) No political campaign sign shall be placed in a manner that would obstruct visibility to pedestrian or vehicular traffic. 111 ARTICLE 7 ADMINISTRATION AND ENFORCEMENT Sec. 13-124. APPLICATION FOR PERMITS Application for a permit for the erection, relocation or modification of a sign shall be made to the Development Services Department on forms provided, and shall be accompanied by plans and other necessary information as required by the Development Services Department. Sec. 13-125. FEES Fees for sign permits and Planned Signing Programs shall be established by resolution of the City Council. Sec. 13-126. SIGNS RELATING TO INOPERATIVE ACTIVITIES When a business or activity is no longer in operation on a site, all signs relating to the activity shall be removed, or copy obliterated, within 60 days after the activity has vacated the premises. Sec. 13-127 SIGNS PROHIBITED ON PUBLIC PROPERTY OR PUBLIC RIGHTS -OF -WAY REMOVAL; ABATEMENT COSTS AND FINES (a) Prohibition. No person shall erect, place, paint, mark, or display or cause to be erected, placed, painted, marked, or displayed any sign, sign notice, handbill, structure or advertising device in, under, on or over any public property or any public right-of-way with respect to which the City has jurisdiction, As used in this section, "person" means a natural person, association, partnership, firm, corporation or trust or the employee or agent thereof. A violation of this section may be prosecuted as a misdemeanor pursuant to Section 1-33(b). Criminal prosecution pursuant to this section shall not preclude, nor be precluded by, abatement of such signs or parts thereof pursuant to this section. (b) Removal. Any such sign, notice, handbill, sign structure or advertising device erected, placed painted, marked, or displayed contrary to the provisions of this section, Sections 13- 118, 12-44, 15-7 and Chapter II of Title 19 shall be a public nuisance and the City may immediately remove and dispose of it without notice. (c) Exception. The provisions of this section shall not prohibit the following signs: (1) The posting of any notice in the manner required by law or by the order of any court of this state. (2) Bus passenger shelters and benches with advertising displays in the public right-of- way approved pursuant to Chapter II of Title 19 of this Code. (3) Street banners approved pursuant to Section 13-118 STREET BANNERS of this Code. (4) Residential real estate "directional" signs, when placed at a safe location in the landscaped parkway at the side of the street, subject to the restrictions contained in Table 13-115, of this Code; provided that such signs are freestanding and not attached to any other pole, sign or object; and that such signs do not project over the sidewalk or beyond the curb face. (5) Where the private security company has obtained approval, as set by City Council policy, and filed with the City Manager written proof that it provides security services for a substantial number of property owners or tenants in a neighborhood or area, non -illuminated private security company identification signs, not exceeding 2 square feet per sign, may be placed in the public rights-of-way directly adjacent to 112 the primary ingress and egress points to the neighborhood or area, if private property is not available for the display of such signage. (d) Abatement costs and fines. Any person found by the Development Services Director to be responsible for a sign(s) in violation of this section shall be liable for the cost incurred in the removal, storage and disposal thereof as provided in this section. The City Council by resolution shall determine and fix, on an annual basis, an amount to be assessed as administrative costs, including but not limited to the actual costs of removal, storage and disposal of any sign or parts thereof, under this section. In addition to any other penalty or cost provided in this section, any person found by the Director to have more than one violation of this section as provided in subsection (e) shall be subject to and pay to the City civil penalties in the amount of two hundred fifty dollars ($250.00) for each illegal sign removed. (e) Abatement costs; notice and hearing. Before any person responsible for a sign in violation of this section is assessed abatement costs and/or civil penalties, the person shall have a right to a hearing before the Development Services Director or designee. Upon removal of an illegal sign and identification of the person responsible for such sign by city personnel, a 10 -day "notice of abatement" shall be mailed by registered mail to the person responsible for the illegal sign. The notice shall state the grounds to assess abatement costs and/or civil penalties for the removal, storage and disposal of the illegal sign and inform the person that he or she has 10 days from the date of receipt of the notice to file a written request for a hearing. The failure of the person to request a hearing shall satisfy the hearing requirement, and the Director may decide to assess abatement costs and/or civil penalties without a hearing. If a person files a timely hearing request, the Director shall hold a hearing to afford the person responsible for an illegal sign the opportunity to present evidence on whether reasonable grounds exist to assess abatement casts and/or civil penalties. Where the Director finds that the person notified of the hearing is the owner or person responsible for a sign(s) in violation of this section and that the City incurred costs for the removal, storage and/or disposal of such sign(s), the Director shall assess against such person the abatement costs incurred in the removal, storage and/or disposal thereof, and shall impose civil penalties pursuant to subsection Id) where such person is found to have more than one violation of this section. The Director's decision on abatement costs and civil penalties shall be final. The Director's decision may be appealed to the Planning Commission pursuant to Title 2 of this Code. (f) Court action. The City Attorney is authorized and may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate any sign(s) found to be in violation of this section and as provided by law. Sec. 13-128. ENFORCEMENT It shall be unlawful to construct, erect, install, alter, modify or maintain a sign except in compliance with the provisions of this chapter The provisions of this chapter shall be enforceable, and violations shall be punishable, pursuant to Sections 13-16 and 13-127 and Section 1-33 at seq. of this Code. 113 CHAPTER IX. SPECIAL LAND USE REGULATIONS ARTICLE 1 ADULT BUSINESSES Sec. 13-129. PURPOSE It is the purpose of this article to regulate sexually oriented adult businesses to promote the health, safety and general welfare of the citizens of the City. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Sec. 13-130. DEFINITIONS The following words and phrases shall, for the purposes of this article, be defined as follows, unless it is clearly apparent from the context that another meaning is intended: Adult arcade. An establishment where, for any form of consideration, one or more motion picture projectors, video cassette players, slide projectors or similar machines, for viewing by five or fewer persons each, are used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas." Adult bookstore/novelty store. An establishment which, on a regular and substantial basis, sells or rents, or offers for sale or rental, for any form of consideration, of any one or more of the following: (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas;" or (b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." Adult business. A business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on "specified sexual activities" and/or "specified anatomical areas." "Adult Business" also means and includes any adult arcade, adult bookstore/novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult motion picture theater, adult theater, sexual encounter establishment, model studio, and any other business or establishment that, on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to "specified sexual activities" and/or "specified anatomical areas." Adult cabaret. A nightclub, restaurant or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances by topless and/or bottomless dancers, dance instructors, go-go dancers, exotic dancers, strippers or entertainers or similar performances characterized by an emphasis on "specified anatomical areas" and/or by "specified sexual activities." Adult dance studio. Any business or establishment which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing, or relating to "specified sexual activities" and/or "specified anatomical areas." Adult hotel or motel. A hotel, motel or similar establishment offering public accommodations for any form of consideration which, on a regular and substantial basis, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to "specified 114 sexual activities" and/or "specified anatomical areas;" and/or a motel, hotel or similar establishment which rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period. Adult motion picture theater. An establishment which, for any form of consideration, is used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or similar photographic reproductions to more than five persons, and where such material is characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas." Adult novelty store. See Adult bookstore/novelty store. Adult theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances characterized by an emphasis on "specified sexual activities" and/or "specified anatomical areas." Employee. A person who works or performs in an adult business regardless of whether or not the person is paid a salary, wage or other compensation by the business. Establishment of an adult business. Includes any of the following: (a) The opening or commencement of any such business as a new business; (b) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; (c) The addition of any of the adult businesses defined herein to any other existing adult business; or Id) The relocation of any such business. Model. Any person who, for compensation or gratuity, is available for conversation or poses to be observed, viewed, sketched, painted, drawn, sculpted, photographed, or otherwise similarly depicted, in the nude or seminude. Model studio. Any premises where there is conducted the business of furnishing, providing or procuring a model or models who pose in the nude or semmude for the purposes of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculpted, photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration, compensation, or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to or for permission to remain upon or as a condition of remaining upon the premises. Nude/seminude. A person completely without clothing or covering, or with partial clothing or covering but with any exposure of "specified anatomical areas," as defined in this article. Seminude shall also include a person with partial clothing to include lingerie or similar clothing where "specified anatomical areas" are exposed. Off-premises. Any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business. Person. Any individual, firm, association, partnership, corporation, joint venture, trust or combination of individuals or persons. Public building. A building or facility owned, leased or operated by a public agency, including but not limited to a city, the County, the State or the Federal government. 115 Public park. A park, playground, swimming pool, beach, pier, athletic field, or similar recreational facility within the City and/or adjacent cities and County which is under the control, operation or management of the City, adjacent cities, the County or the State. Regular and substantial basis. An activity or performance shall be deemed to be on a regular or substantial basis when it constitutes more than 25% of the total performance time, stock -in -trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, revenue shall include gross revenue generated by the business, including revenue received by performers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity shall include all the area devoted to the activity, including but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas. Religious institution. A structure which is used primarily for religious worship and related religious activities within the City and/or adjacent cities and County Residential use. Any lot located within the R7, R2 -MD, R2 -HD, R3, PDR -LD, PDR -MD, PDR -HD and PDR -NCM Zones of the City and similar residential uses in adjacent cities and County School. Any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the State Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle school, junior high school, senior high school or any special institution of education within the City and/or within adjacent cities and County, but does not include a vocational or professional institution of higher education, including a community or junior college, college or university Sexual encounter establishment. An establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where 2 or more persons may congregate, associate or consort in connection with "specified sexual activities" and/or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy. Specified anatomical areas. Includes any of the following: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities. Includes any of the following: (a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (b) Sex acts, actual or simulated, including intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquensm, sapphism, zooerasty; Ic) Masturbation of human or animal, actual or simulated; (d) Clearly depicted specified anatomical areas in a state of sexual arousal, stimulation or tumescence; (e) Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; and 116 (f) Excretory functions, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities described in subdivisions (a) through (e) of this subsection. Substantial enlamement. An increase, over the lifetime of the business, of more than 10 per cent or 100 square feet, whichever is less, in the portion of the floor area of a business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas." Transfer of ownership or control of an adult business. Includes any of the following: (a) The sale, lease or sublease of the business; (b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; (c) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. Sec. 13-131. EXCEPTIONS TO THE ARTICLE. This article shall not apply to any of the following businesses or activities: (a) Any massage establishment or massage practitioner holding a valid current license issued pursuant to the provisions of Title 9 of this Municipal Code. (b) Any "off -premises" massage, escort or similar service holding a valid current license issued pursuant to the provisions of Title 9 of this Municipal Code. (c) Any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issued by the State to practice any such art or profession under the provisions of the State Business and Professions Code or any other State law. Sec. 13-132. ESTABLISHMENT OF ADULT BUSINESS The establishment of an adult business shall be permitted only in the CL, C1, C2, C1 -S or PD Commercial Zones and shall be subject to the following regulations. (a) The Planning Division shall find that the proposed facility or use complies with the regulations specified in this article, and complies with all of the following restrictions: (1) Not within 500 feet of any area zoned for and/or lawfully operated as a residential use; (2) Not within 1,000 feet of any other adult business, and (3) Not within 1,000 feet of any school, public park, religious institution, or public building likely to be frequented by minors. (4) Not within any redevelopment area or the Newport Boulevard Specific Plan area. (b) Each such adult business must, prior to commencement or continuation or substantial enlargement of such business, first apply for and receive an adult business license. 117 (c) Each such facility must comply with all other applicable zoning and land use regulations in this Zoning Code. Sec. 13-133. MEASUREMENT OF DISTANCE Distance between any 2 adult businesses shall be measured in a straight line, without regard to the boundaries of the City and to intervening structures, from the closest property line of the lot of each business. The distance between any adult business and any residential use, religious institution, school, public park or public building likely to be frequented by minors shall also be measured in a straight line, without regard to the boundaries of the City and to intervening structures, from the nearest portion of the property line of the lot where such adult business is conducted, to the nearest property line of a religious institution, school, public park, public building, residential use or any establishment likely to be frequented by minors. Sec. 13-134. MISDEMEANOR OFFENSES In addition to all other offenses specified in this Zoning Code, County ordinances and State statutes, an adult business shall be subject to the following restrictions: (a) It shall be unlawful and a misdemeanor to establish, substantially enlarge or operate an adult business within the City without first complying with this article; (b) It shall be unlawful and a misdemeanor to operate or cause to be operated an adult business outside of the commercial zones specified in this article; (c) It shall be unlawful and a misdemeanor to operate or cause to be operated an adult business within 1,000 feet of any religious institution, school, public park or public building likely to be frequented by minors, or within 500 feet of any area zoned for and/or lawfully operated as a residential use. fell It shall be unlawful and a misdemeanor to operate or cause to be operated an adult business within 1,000 feet of another adult business. (e) It shall be unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one adult business within the same building, structure or portion thereof, or to cause the increase of floor area of any adult business in any building, structure or portion thereof containing another adult business. (f) It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated: 111 by a proprietary school, licensed by the State; a college, junior college or university supported entirely or partly by taxation; (2) by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or (3) in a structure: a. which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and b. where, in order to participate in a class a student must enroll at least 3 days in advance of the class; and C. where no more than one nude model is on the premises at any one time. 118 Sec. 13-135. DEVELOPMENT AND OPERATIONAL STANDARDS In addition to the base zoning requirements governing conditional use permits, the following additional requirements shall be satisfied by adult businesses. Such additional requirements shall be included in any approved adult business. (a) Fire safety measures. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City. (b) Displays. No adult business shall be operated in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. (c) Parking lot lighting. Parking lot lighting shall be provided to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. The lighting shall provide a level of illumination not less than one foot-candle, measured at the surface of the pavement, at all areas of the parking lot. The lighting shall be shown on the required plot plans and shall be reviewed and approved by the Development Services Department. Id) Amplified sound. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City. lel Building entrance. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. The notices shall be constructed and posted to the satisfaction of the Development Services Director (f) Adult arcades. (1) It is unlawful to maintain, operate or manage or to permit to be maintained, operated or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this subsection, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show or film. (2) It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth. (3) It is unlawful to create, maintain or permit to be maintained any holes or other openings between any 2 booths or individual viewing areas for the purpose of providing viewing or physical access between the booths or individual viewing areas. (9) Signs. All on-site signage shall conform to the relevant provisions of CHAPTER VIII SIGNS. (h) Sale/serving of alcohol. It is unlawful to sell, serve or permit the consumption of alcohol in any portion of a structure occupied by an adult business. (i) Age restrictions. It is unlawful to permit patrons or employees under the age of 18 years in any portion of a structure occupied by an adult business. GI Time of operation. No adult business shall be open or operating during the hours from 10:00 p.m. to 8:00 a.m. (k) Physical contact. No model, dancer, entertainer or other performer shall have physical contact with any patron and no patron shall have physical contact with any model, dancer, entertainer or other performer while on the premises of an adult business. 119 Sec. 13-136. VIOLATIONS/PENALTIES Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provision of this article shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of no more than $1,000.00 or by imprisonment for no more than 6 months, or by both such fine and imprisonment. Any violation of the provisions of this article shall constitute a separate offense for each and every day during which such violation is committed or continued. Sec. 13-137 PUBLIC NUISANCE In addition to the penalties set forth in Section 13-136 VIOLATIONS/PENALTIES, any adult business which is operating in violation of this article or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. Sec. 13-138. OTHER REGULATIONS (a) The regulations in this article shall apply in all districts in addition to the regulations specified elsewhere in this Zoning Code. Provided, however, that if any of the regulations specified in this article differ from any of the corresponding regulations specified elsewhere in this Zoning Code for any district, then in such case the provisions of this article shall govern. (b) Any adult business lawfully operating on February 22, 1994, that is in violation of this article, shall be deemed a nonconforming use. A nonconforming adult business will be permitted to continue for a period of one year, with a possible one year extension, for a total time period not to exceed 2 years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. An application for a one year extension for extenuating circumstances may be granted by the Planning Commission only upon a convincing showing of extreme financial hardship by the adult business. Such nonconforming adult business shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If 2 or more adult businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult business which was first established and has continually operated at the particular location is the conforming use and the later established business(es)is nonconforming. (c) Any adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business permit and/or license, of a school, public park, religious institution, or public building likely to be frequented by minors within 1,000 feet and/or residential use within 500 feet of the adult business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. 120 ARTICLE 2. ANTENNAS Sec. 13-139. PURPOSE The purpose of this article is to Identify the regulations and permit requirements for antennas. Sec. 13-140. APPLICABILITY The regulations of this article shall apply to satellite dish, amateur radio and communication antennas. These antennas are permitted as either accessory uses or conditional uses and are subject to the development standards contained in this article. Is) Exemption. Antennas meeting all of the following criteria are exempt from the regulations of this article: (1) The antenna and associated support structure are supported primarily by attachment to a building. (2) The antenna, including associated support structure, does not weigh more than 80 pounds. (3) The antenna, excluding associated support structure, does not exceed 4 4 square feet in effective wind load area. (4) Attachment of the antenna and associated support structure to a building does not require modification or reinforcement of load bearing elements of the building in order to support the antenna and associated support structure at wind speeds up to 70 miles per hour (5) The environmental radio frequency radiation generated by the antenna does not exceed ANSI/IEEE standards, except as categorically excluded by the Federal Communications Commission. Sec. 13-141 PERMIT REQUIREMENTS Table 13-141 Indicates whether a proposed antenna is a permitted accessory use or whether a minor conditional use permit is required, pursuant to Section 13-144 MINOR CONDITIONAL USE PERMIT REQUIREMENTS. Building permits shall be required prior to installation of any antenna unless the antenna is exempt from this article. TABLE 13-141 ANTENNA REVIEW REQUIREMENTS ANTENNA TYPE RESIDENTIAL ZONE NONRESRIENTIAL ZONE Satellite Dish Antenna, Receiving P,I P, Swelhte Dish Antenna, Transmitting MC' MCI Amateur Radio Antenna Pi P' Communication Antenna, Receivmg P' P' Communication Antenna, Transmitting V 1. Subject to compliance with the development standards in Section 13-142 DEVELOPMENT STANDARDS; proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit. 2. Subject to compliance with the development standards in Section 13-142 DEVELOPMENT STANDARDS. 3. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: P= Permitted; MC= Minor Conditional Use Permit, •= Prohibited 121 See. 13-142. DEVELOPMENT STANDARDS Table 13-142 identifies the development standards for antennas. Proposed antennas not In compliance with the applicable development standards shall require the approval of a minor conditional use permit pursuant to Section 13-144 Minor Conditional Use Permit Requirements. TABLE 13142 ANTENNA DEVELOPMENT STANDARDS STANDARDS SATELLITE DISH AMATEUR RADIO COMMIINICATION Max. Retain (measured form the property's grade in the Itighest point of me antemia) Resdemml Zone or Nonresidential Zone Adjacent m a Resdemml Zone 15 feet 75 feet 30 feet Other Nonresidennal Z. Not to exceed allowable building height Same as above. Same as above From Yadr.ocauon Pemmmed No Sale and Rear Setbacks (setbacks apply in anmmm suppnn structure and to army$ not projections attached &crew, unless miki-whe noted) Residential Zone Side Comply with setbacks for accessory swcmres, with a mimmum setback of 5 feet Rear: Ground -mounted antemu sappon structures may be located in a required rear yard if located as far forward as possible from the rear property line. Minimum of 5 feet for arrays and projections attached to me antenna support Swcmre Normoudmauil Zoite Side and Rear Comply with setbacks for roam structures, with a minimum setback of 5 feet. F cepnan. Side and/or Rear, when adjacent in a Residential Zone Minimum of 5 feet from the residential property line Additionally, the antenna support structure shall be located as far as possible from the residential property line. RoofmountedLocation Shall be located on me photon of the roof farthest from any adjacent street, residential zone (if applicable), bluff, author park, whichever location will result in me least visual impact Maximum Number Residential Zone or Nonresidential One One interim support swcmre in One antenna suppon structure Zone adjacent m a Residential excess of 30 feet Zone Exception Legally subdivided residential units in small lot subdivision projects. and One whip amerce in excess of 30 unia m Planuied Unit Development projects feet. With individual lots, shall each he allowed one satellite dish antemm unless otherwise Note There is nw hmnt on the prohibited number of amenias which do not exceed 30 feet in height Other Nonresidential Zone: No regulation No regulation. No regulation. 122 TAM 73-142 ANTENNA DEVELOPMENT STANDARDS STANDARDS SATELLITE DISH AMATEUR RADIO COMMUNICATION Maximum Diameter Residential Zone or Nonresidential Any desh-shaped element attached to an antenna 2 feet Zone adjacent to a Residential Zone 10 feet E.rcemma Any dssb-shaped element m excess of 2 feet m diameter Nat is attached to an antemm shall retain, approval of a Minor Conditional Use Permit and comply with the Sa4Wle Dish Anemia Development Sendards regarding maximum height (applicable to dish element only) diameter, screening mid metenals, as applicable Other Niamosndennal Zone No regulation Dush-shaped elements in excess of 2 feet in diameter shall comply wish the Satellite Dish Antenna Development Standards regarding maximum height (applicable to dish element only) and materials Screening Respond Residential Zone or Non a udennal Screening, either panial or total, may be Ground-m0unteci No regulation Ground -mounted No ra lamn Zane adjacent to a Residential required by the Planning Division when the Zone antenna is visible from off-site The Roof-moumed Roof -m anted Screening may be screening may consist of a solid, opaque regmred if necessary m lessen visual fence, wall, vegetation, landscaping and/or Antennas less than M feet to impacts, under the direction of the any other material deemed acceptable by height No regulation. Planning Division the Planning Division. Antennas 30 feet or more in height: Screening may he required in Nonresidential Zones if necessary in lessen visual impacts on the adjacent Ruamm al Zone(s), under the direction of the Plamung Division Other Nonresidential Zone No regulation, i Same as above. Color All antennas visible from off-site shall In fimshM in a color deemed u..lono tie to the neighborhood m wheh n .x Incated, under the direction of the Planning Division. Signs No sign of any kind shall be posted or displayed on any antenna Radmfrequency (RF) Radiation No ha entromng antenna or facility, except as categorically excluded by the Federal Communication Commission, shall exceed the radmfora m cy (RF) cadmium hmits established by the ANSI/IEEE for an 'uncontrolled enmmnment' Is shall be the responsibility of the applicant m provide evidence of compliance With appheable standards. Wumg All electrical and antenna wiring shall be encased in robing or other devices acceptable to the Plamimg Division and/or concealed to the maximum extent feasible to mintmme visual impact. Materials When the antenna exceeds 6 feet in height Not applicable above grade, the dish -shaped element shall he of a mesh concoction. Other Requirements Ground-moumed antemms shall not reduce the area required far parking, internal circulation or other development standards in this Zomng Code. All anemias shall be permanently motional, and no antenna may he installed on a portable or movable structure 123 Sec. 13-143. NONCONFORMING ANTENNAS (a) Satellite dish antennas. Any satellite dish antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal non -conforming, and may be maintained, enlarged, expanded or changed in accordance with the provisions of this article. (b) Amateur radio antennas. (1) Any amateur radio antenna that was in existence as of September 7, 1989, may continue as a nonconforming development and need not comply with the development standards contained in Section 13-142 DEVELOPMENT STANDARDS, provided that a record of its size, location, height and any other information deemed necessary by the Development Services Director is on file with the Planning Division. In order to secure any right under this section, the amateur radio antenna owner must have established this record by May 7, 1990. The amateur radio antenna owner is responsible for providing the necessary information to the City for inclusion in the record of nonconforming amateur radio antennas. (2) Replacement of an amateur radio antenna support structure shall be subject to all applicable regulations and issuance of appropriate permits. However, the supported antenna, including the array, may be replaced without issuance of a new building permit, provided the replacement antenna does not exceed the maximum weight, dimensions or wind load area specified in the current building permit or record on file with the Planning Division. 13) Nonconforming amateur radio antennas which have been registered with the City as of May 7, 1990, may be enlarged, expanded or relocated only if the enlargement, expansion or relocation does not result in a greater nonconformity with the development standards specified in this article, or with ANSI/IEEE regulations regarding environmental radmfrequency radiation, except as categorically excluded by the Federal Communications Commission. (4) Nonconforming amateur radio antennas which have not been registered with the City as of May 7, 1990, may be enlarged, expanded, changed in use, increased in power, or relocated provided that the enlargement, expansion, change in use, or increase in power, is in compliance with ANSI/IEEE regulations regarding environmental radiofrequency radiation, except as categorically excluded by the Federal Communications Commission and the antenna complies with applicable provisions of this article. (c) Communication antennas. (1) Any communication antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal and may be maintained, enlarged, expanded or changed in accordance with the provisions of subsection (2). (2) A nonconforming communication antenna with valid building permits may be enlarged, expanded or relocated only if the enlargement, expansion or relocation does not result in a greater nonconformity with the development standards specified in this article, and provided the antenna complies with ANSI/IEEE regulations regarding environmental radiofrequency radiation. A nonconforming communication antenna with valid building permits may be changed in use and/or power, and/or converted to a transmitting antenna provided that ANSI/IEEE regulations regarding environmental radiofrequency radiation are complied with in addition to compliance with applicable requirements of this article, including Table 13-141 ANTENNA REVIEW REQUIREMENTS. 124 Sec. 13-144. MINOR CONDITIONAL USE PERMIT REQUIREMENTS All requests for installation of antennas not satisfying the criteria identified in Section 13-142 DEVELOPMENT STANDARDS may be approved by minor conditional use permit consistent with the requirements of this section and CHAPTER III PLANNING APPLICATIONS. la) Requirements. An application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in CHAPTER III PLANNING APPLICATIONS, with the following exceptions: (1) The application fee shall not be applicable for amateur radio antennas. (2) Applications for a minor conditional use permit where the proposed antenna(s) will not conform with applicable development standards shall include statements of the reasons why strict conformance with the development standards specified will: a. Unreasonably limit, or prevent, reception or transmission of signals; b. Result in excessive expense in light of the cost of purchase, installation and operation of the antenna(sl. (3) When a proposed FCC -regulated transmitting facility will expose the public or workers to levels that exceed ANSI/IEEE RF radiation standards, the FCC -required Environmental Evaluation must be submitted with the minor conditional use permit application. (b) Findings. In addition to the findings specified in Section 13-29(g)(2) CONDITIONAL USE PERMIT AND MINOR CONDITIONAL USE PERMIT FINDINGS, the following findings shall be made: (1) Strict conformance with the development standards specified will unreasonably limit, or prevent, reception or transmission of signals, or result in excessive expense in light of the cost of purchase, installation and operation of the antenna(s). (2) The deviation from applicable development standards represents the minimum adjustment necessary to prevent unreasonable limitations on the reception or transmission of signals. (c) Conditions. In approving a minor conditional use permit, the final review authority may impose reasonable conditions necessary to minimize the impact of the installation or operation of the antennals) on the public or other properties or improvements within the immediate vicinity of the antenna(s), consistent with this article. Sec. 13-145. COMPATIBILITY OF REGULATIONS Notwithstanding the regulations contained in this article, the provisions of this code shall comply with the regulations of the Federal Communications Commission, as may be amended, that apply to satellite, amateur radio or communication antennas. A franchisee under the provisions of Title 19 pertaining to cable television franchises shall comply with the regulations in this article. 125 ARTICLE 3. CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL Sec. 13-146. PURPOSE The purpose of this article is to establish the processing procedures and development standards for the concurrent sale of alcoholic beverages and motor vehicle fuel. Sec. 13-147 CONDITIONAL USE PERMIT REQUIRED; EXCEPTION It shall be unlawful to sell any alcoholic beverage on the same building site where motor vehicle fuel is sold unless the concurrent sale of alcoholic beverages and motor vehicle fuel is specifically allowed by a conditional use permit issued for the site. This requirement shall not apply where the dispensing and sale of motor vehicle fuel is separated by at least 300 feet from the building where alcoholic beverages are sold. Sec. 13-148. PROCEDURE A conditional use permit for concurrent sales of alcoholic beverages and motor vehicle fuels shall be granted or denied by the Planning Commission pursuant to the procedures set forth in CHAPTER III PLANNING APPLICATIONS. Sec. 13-149. CONDITIONS, DISCRETIONARY A conditional use permit may be granted if the requirements of CHAPTER III PLANNING APPLICATIONS are satisfied, and may be made subject to conditions as the final review authority may deem desirable to protect the public health, safety, or general welfare. The conditions may include, but shall not be limited to, the following: (a) Compliance with applicable development Standards and other applicable ordinance requirements. (b) Specification of the hours when the business may be in operation. (c) Any other conditions generally applicable to conditional use permits for automobile service stations. (d) Any conditions needed to mitigate potential adverse environmental effects of the use. Sec. 13-150. CONDITIONS, MANDATORY The following conditions shall be imposed on all conditional use permits granted pursuant to this article: (a) As of January 1, 1988, no alcoholic beverage shall be displayed within 5 feet of the cash register or the front door unless it is in a cooler which was permanently affixed prior to January 1, 1988. (b) No sale of alcoholic beverages shall be made from a drive-in window (c) No alcoholic beverages shall be sold or displayed outdoors. (d) No display or sale of alcoholic beverages shall be made from an ice tub. (e) No alcoholic beverage advertising shall be located on motor fuel islands, and no self - illuminated advertising for alcoholic beverages shall be located on buildings or windows. (f) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages. Sec. 13-151 APPLICATION TO EXISTING BUSINESSES Any business actually and lawfully engaged in the sale of alcoholic beverages and motor fuel from the same site before August 17, 1988 shall be permitted to continue to do so, subject to all applicable provisions of State law and this Code, and subject to all conditions of the conditional use 126 permit(s) issued for the site; provided, however, that after January 1, 1990, such businesses shall also comply with all the conditions set forth in Section 13-150 CONDITIONS, MANDATORY 127 ARTICLE 4. DENSITY BONUS AND OTHER INCENTIVES Sec. 13-152. PURPOSE The purpose of this article is to provide incentives for the production of lower income and senior housing in compliance with State Government Code Section 65915. Sec. 13-153. DEFINITIONS The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Concessions. The reduction in site development standards, Zoning Code requirements, development fees or dedication requirements which result in identifiable cost reductions. Housing groiect. New development or conversion of existing residential buildings of 5 or more residential dwelling units. Incentives in lieu of density bonus. Incentives of equivalent financial value based upon the land cost per dwelling unit(s) of density bonus. Qualifying resident. A resident as defined in State Civil Code Section 51.2, i.e., 62 years of age or older, or 55 years of age or older in a senior citizens housing development consisting of at least 150 dwelling units. Very low income household. Households as defined in State Health and Safety Code Section 50105. Very low Income rent. Rent affordable to very low income households, not to exceed 30 percent of 50 percent (i.e., 15 percent) of the area median income as adjusted for household size and as defined in State Government Code Section 65915. TSafBIIil iIIQ111A419Ig1%J.11PltNI To qualify for a density bonus, concessions or other incentives, the developer of a housing project of at least 5 units, must agree, in a written agreement acceptable to the City Attorney, to construct a minimum of 20 percent of the total units of the housing project as affordable and reserved for lower income households, a minimum of 10 percent of the total units of the housing project as affordable and reserved for very low income households, or a minimum of 50 percent of the total units of the housing project reserved for qualified (senior) residents. The designated senior units shall be subject to low income affordable limits. Any density bonus shall not be included when determining the number of housing units which is equal to 10 percent, 20 percent or 50 percent of the total units of the housing project. Sec. 13-155. DENSITY BONUS CONCESSIONS AND INCENTIVES (a) Upon application by a developer as provided in CHAPTER III PLANNING APPLICATIONS, the City shall offer a density bonus to qualified low, very low income, or senior housing projects provided the density bonus is consistent with the General Plan. Where a density bonus would cause the housing project to exceed the General Plan dwelling unit density for qualified low or very low income (non -senior) projects, then the City shall offer in lieu, incentives or concessions which may include, but not be limited to, the following: 111 A partial density increase up to the General Plan density (2) Reduction or waiver of Planning Division fees. 128 (4) Accelerated plan check by City Staff (5) Reduction or waiver of street dedication or infrastructure improvements excluding those infrastructure improvements required by the Costa Mesa Sanitary District and Mesa Consolidated Water District or Santa Ana Heights Water Company (6) Reduction or waiver of in -lieu Park Fees. (7) Rezoning to a higher density or to mixed use. Where City Council finds that the adoption of a change in zone classification to increase density for the subject property within 60 months prior to the density bonus or incentive application will be considered to be equivalent in value to State mandated incentives and qualifies as an incentive for purposes of this article, such change in zone classification shall be deemed an incentive for the purposes of this article. (8) Modification or reduction of development standards up to a maximum reduction of 20 percent. (9) Direct financial aid including, but not limited to Redevelopment set aside funding, Mello -Roos financing of infrastructure improvements, or Community Development Block Grant funding (if available). (b) Any reduction, waiver, or modification to any applicable development standards of this Zoning Code shall be within the parameters listed above and not require variance findings; additionally any density bonus increase up to the General Plan density shall be considered as part of the density bonus or incentive application. The value of each incentive will vary from project to project, therefore in -lieu incentives shall be determined on a case-by-case basis. Sec. 13-156. CONCESSIONS OR INCENTIVES IN EXCESS OF DENSITY BONUS (a) All qualified housing projects as set forth in Section 13-154 QUALIFIED PROJECT shall be given priority in processing. (b) In addition to density bonus or equivalent in -lieu incentives, the City may offer at least one additional concession or incentive. Possible additional concessions or incentives include, but are not limited to, the incentives or concessions set forth in Section 13-155 DENSITY BONUS CONCESSIONS AND INCENTIVES. For affordable senior housing projects, a reduction in parking requirements may be considered. Sec. 13-157 TERM AND TENURE OF DENSITY BONUS DWELLING UNITS (a) The 10 percent very low income dwelling units, 20 percent low income dwellings units, or 50 percent for qualifying residents (seniors) dwelling units provided in compliance with this Zoning Code and State Government Code Section 65915 shall be designated and maintained as affordable or senior dwelling units for a period of either 10 or 30 years. The ten-year affordable designation shall be required if the City only grants a density bonus. If the City grants a density bonus for its equivalent) plus additional incentives or concessions, the affordable designation shall be required for 30 years. This unit designation term shall be designated pursuant to a written and executed density bonustincentive agreement and land use restriction covenant which shall be recorded for the development site prior to issuance of building permits. (b) The units designated as affordable to very low income households, low income households, or designated for senior households, shall be maintained as rental units, unless the developer by application pursuant to Section 13-158 APPLICATION AND REVIEW PROCESS requests ownership units and proposes in writing an affordable maintenance program that is acceptable to the City 129 (c) The designated units shall represent a proportionate mix of dwelling unit square footage and number of bedrooms per unit, of the entire housing project. Sec. 13-158. APPLICATION AND REVIEW PROCESS (a) Preliminary application. A developer of a qualified housing project may submit a preliminary application pursuant to this article prior to the submittal of any formal requests for approvals for a housing project development. Within 30 days of receipt of the application, the Planning Division shall provide to the applicant, the procedures for compliance with this article, a copy of this article and related policies, the pertinent sections of the State Codes to which reference is made in this article, and a density bonus or incentives application. (b) Submittal. The completed formal application shall include the following information. (1) A legal description of the total site proposed for development including a statement of present ownership and present and proposed zoning. (2) A letter signed by the present owner stating how the project will comply with State Government Code Section 65915 and stating what is being requested of the City, i.e., density bonus and another concession or incentive or equivalent in -lieu incentives. (3) A pro -forma for the proposed project to justify the requested concession or incentive and to establish the land valuation per dwelling unit of bonus units. (4) A management plan for complying with the maintenance of the designated units regarding income qualification documentation and rent or sale price documentation. (5) Site plan and supporting plans per the planning application submittal requirements. (c) Review. The review of an application for a density bonus or incentive request shall be processed as a planning application pursuant to CHAPTER III PLANNING APPLICATIONS. If the application involves a request for direct financial incentives, then any action by the Planning Commission on the application shall be advisory only, and the City Council shall have the authority to make the final decision on the application. 130 ARTICLE 5. ELECTRONIC GAME MACHINES Sec. 13-159. PURPOSE The purpose of this article is to identify the development standards for regulating electronic game machines. Sec. 13-160. CONDITIONAL USE PERMIT REQUIRED It shall be unlawful and a misdemeanor to establish or operate 4 or more electronic game machines upon the premises of any business establishment without first obtaining the discretionary approval noted below, in addition to other permits or certificates required by law. (a) A minor conditional use permit shall be required when the proposed electronic game machines are incidental to the primary use of a business establishment. (b) A conditional use permit shall be required when the proposed electronic game machines are the primary use of the business establishment. Sec. 13-161 DEVELOPMENT STANDARDS The following development standards and regulations shall apply to all business establishments containing 4 or more electronic game machines in the City and shall be conditions imposed upon the granting of any minor conditional use permit or conditional use permit. Additional development standards of the applicable zoning district shall also be applied as appropriate. (a) All electronic game machines within the premises shall be visible to and supervised by an adult attendant. The attendant shall be present at all times when any electronic game machine is being operated. (b) The supervision of the patrons on the premises shall be adequate to ensure there is no conduct that is detrimental to the public health, safety and general welfare. (c) During the school year, minors between the ages of 5 and 18 years shall not be allowed to operate electronic game machines Monday through Friday, except legal school holidays, between the hours of 8:00 a.m. and 3:00 p.m. unless accompanied by a parent, legal guardian or an authorized agent of the school district. It shall be the responsibility of the adult attendant to enforce this regulation. (d) Outside security lighting shall be provided under the direction and upon the recommendation of the Development Services and/or Police Departments. Sec. 13-162. NONCONFORMING BUSINESS AMORTIZATION Any premises containing 4 or more electric game machines as defined in this article, in existence and lawfully operating as of December 15, 1981, shall by December 15, 1982 either obtain a conditional use permit or terminate the nonconforming use. 131 ARTICLE 6. HOME OCCUPATIONS Sec. 13-163. PURPOSE The City Council hereby finds and declares that residential use of residentially zoned property is the primary use. That subject to regulation and control, the property may have a secondary use of a business or commercial nature so long as the secondary use is compatible with a residential environment. Sec. 13-164. PERMITS REQUIRED No person shall engage in a home occupation, as defined in this Zoning Code, within any residentially zoned area of the City without first applying for and securing a permit. No business license shall be issued until a home occupation permit has been approved and issued. Home occupations that generate customer traffic and do not involve more than one customer/client at a time and no more than 8 customers/clients per day require the approval of a minor conditional use permit pursuant to CHAPTER III PLANNING APPLICATIONS. Sec. 13-165. APPLICATION PROCEDURES (a) Applications for home occupation permits shall be filed with the Finance Division on forms provided and must be accompanied by an application for a business license for the work anticipated and the required fee. (b) The Planning Division shall review all such permit applications within 4 days of the proper filing to determine compliance with the purpose and intent of this article and the standards set forth in Section 13-168 EVALUATION STANDARDS, The Planning Division may require additional information from the applicant in order to make the determination. (c) The Planning Division shall approve, approve with modifications, or deny any application for a permit, based upon determination in accordance with the standards set forth in Section 13-168 EVALUATION STANDARDS. Sec. 13-166. PERMIT FEE Fees due, if any, shall be under the business license provisions of this Municipal Code. Sec. 13-167 TERM OF PERMIT Any issued home occupation permit shall remain valid until revoked and shall not be transferred, assigned or used by any person other than the original permittee, nor shall such permit authorize any home occupation at any location other than the designated one for which the permit was issued. Sec. 13-168. EVALUATION STANDARDS The Planning Division shall apply the following standards in evaluating each application to determine if the anticipated home occupation may be allowed: (a) There shall be no employment of persons other than permanent residents of the premises. (b) There shall be no direct sale of products, either wholesale or retail on the premises. (c) No more than one room in the dwelling may be used for the home occupation, (d) No building, space outside of the main building, or garage, attached or detached, shall be used for the home occupation. Storage of necessary supplies or equipment used in the home occupation may be permitted in a garage if the storage does not diminish the usable parking space in the garage. 132 (e) There shall be no use of utilities or community facilities beyond that normal to the residential use of the property If) No use of material or mechanized equipment not recognized as being associated with a normal household use or hobby is permitted. (g) The structure or appearance of the exterior of the dwelling shall not be altered or remodeled for home occupational purposes either by color, materials, construction, lighting, or in any other way No part of the interior of the structure shall be remodeled for home occupation purposes other than the interior of the room where the home occupation is being conducted. (h) No signs shall be displayed in connection with the home occupation, and there shall be no advertising using the home address, with the exception of advertising in the telephone directory lil The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle of no more than one ton capacity, owned by the operator of the home occupation, which shall be stored in an entirely enclosed garage. The storage of equipment such as trailers, tractors, trucks in excess of one ton, wheeled construction equipment, etc. is not permitted. (I) The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the neighborhood where it is located. (k) The home occupation shall not result in or generate parking or storing of commercial vehicles on public streets. Commercial vehicles are defined in the State Vehicle Code and, in addition, shall include construction equipment and any other mobile paraphernalia used in connection with the home occupation. Sec. 13-169. REVOCATION AND APPEAL PROCEDURES (a) Any home occupation permit may be revoked by the Planning Division at any time after its issuance if that the Planning Division notifies the permittee, in writing, of the decision to revoke the permit. The notice shall state the reasons for the action and shall refer to the appeal procedures prescribed in TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE. The existence of any one or more of the following factors shall be sufficient grounds for revocation of the permit: (1) Violation of any requirement of Section 13-168 EVALUATION STANDARDS; (2) That the use has become detrimental to the public health or safety, or is deemed to constitute a nuisance; (3) That the permit was obtained by misrepresentation; (4) That the use for which the permit was granted has ceased or has been suspended for 6 consecutive months or more; or (5) That the conditions of the premises, or of the district of which it is a part, have changed so that the use may no longer be justified under the purpose of this article. (b) The decision of the Planning Division may be appealed pursuant to TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE. 133 ARTICLE 7 MINI -WAREHOUSES Sec. 13-170. PURPOSE The purpose of this article is to identify the development standards for mini -warehouses. Sec. 13-171 DEVELOPMENT STANDARDS (a) Exterior finish. The exteriors shall be of finished quality Metal containers are prohibited. Ib) Landscaping. A landscaped strip, a minimum of 5 feet in width, shall be provided where subject property abuts any residential district. The 5 foot landscaped strip shall be designed to provide screening of the site from residential properties. (c) Screening. A minimum 6 foot high decorative block wall shall be installed along property lines and street setback lines under the direction of the Planning Division. Overhead access doors shall be screened from off-site. lel Use restrictions. (1) No facility shall be used for a. Any business activity (other than rental of storage units) including miscellaneous or garage sales, and transfer/storage businesses which utilize vehicles as part of the business; or b. Servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment. (2) All rental contracts shall include clauses prohibiting: a. The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals; and b. The use of the property for uses other than storage. (31 A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. This requirement may be waived by the final review authority, if alternative security measures are found acceptable. If) Parking requirements. (1) 2 covered parking spaces adjacent to the manager's quarters, if applicable. (2) One parking space for every 200 storage cubicles or fraction thereof shall be located adjacent to the project office. A minimum of 2 such spaces shall be provided. (3) Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane. (4) Required parking spaces may not be rented as, or used for vehicular storage. However, additional parking area may be provided for recreational vehicle storage, provided that it is adequately screened under the direction of the Planning Division. 134 ARTICLE B. MOTELS Sec. 13-172. PURPOSE AND INTENT The purpose of this article is to establish operational and development standards, and requirements for motels which will ensure the continued availability of transient visitor and automobile tourist lodging within the City and to ensure the continued use of motels in the manner intended to provide such lodging. Sec. 13-173. OPERATIONAL AND DEVELOPMENT STANDARDS The following operational and development standards shall apply to all motels in the city and shall be included in conditions imposed upon the granting of any conditional use permit for such business, unless specifically modified by the conditional use permit: (a) No more than 25 percent of the total number of rooms in any motel shall be rented to persons whose occupancy exceeds 28 consecutive days or 28 days in any 60 consecutive day period, except where a conditional use permit has been obtained as permitted in Section 13-174 CONDITIONAL USE PERMIT FOR EXTENDED OCCUPANCIES. This provision shall not apply to a maximum of 2 units per motel designated for occupancy by paid employees. (b) On-site management shall be available 24 hours a day (c) Each guest room shall be provided regularly -scheduled maid and housekeeping services. Such services shall be provided at least once every 3 days during any consecutive occupancy and at least once between each occupancy (d) In -room telephone service for emergency response purposes shall be provided in all guest rooms of the motel. (e) Persons responsible for the renting of a room in any motel shall provide their name and permanent address, as verified by presentation of a valid driver's license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on-site or off-site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least 30 days past the last day of stay of the guest and shall be made available for inspection upon request by sworn personnel of the Costa Mesa Police Department or City Building Official. (f) No room, suite or bed shall be assigned or rented more than twice within any 24-hour period. (g) The property owner/motel operator shall comply with the provisions of Chapter IV of Title 16 of the Costa Mesa Municipal Code pertaining to the operator's responsibility for the collection of transient occupancy tax. (h) The business shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement. Sec. 13-174. CONDITIONAL USE PERMIT FOR EXTENDED OCCUPANCIES Is) Notwithstanding Section 13-173(al OPERATIONAL AND DEVELOPMENT STANDARDS, a motel operator/owner may rent rooms for extended periods exceeding 28 consecutive days or 28 days in any 60 consecutive day period, upon approval of a conditional use permit. In reviewing the conditional use permit, the Planning Commission shall consider the following criteria: 135 Costa Mesa Zoning Cade (1) Whether or not the overall site design and the floor plans of individual rooms proposed are conducive to extended occupancy (2) Whether or not adequate parking and other amenities are provided to support extended occupancy (3) Whether or not the renting of rooms for more than 28 consecutive days is likely to lead to or, in the case of existing motels, has lead to, police problems due to the design of the motel and/or the nature of the surrounding area. (b) In applying for the conditional use permit, the owner/operator shall determine the number and/or percentage of rooms to be offered for extended occupancy The Planning Commission may approve the request as submitted or may establish an alternate number and/or percentage based upon the review of the above criteria Sec. 13-175. APPLICATION TO EXISTING BUSINESSES (a) Any motel actually and lawfully doing business in the City before the effective date of this article shall be permitted to continue to do so, subject to all applicable provisions of state law and this code, and subject to all conditions of the conditional use Formals) issued for the site, provided, however, that after January 1 1998, such husinesses shall alsn comply with all the conditions and operational standards set forth in Sections 13-1731a1 through 13-17311h) OPERATIONAL AND DEVELOPMENT STANDARDS inclusive, of this article (b) Motels with existing long-term occupancies and long-term occupancies entered into after the adoption of this article shall notify such tenants of the provisions of this article and future regulations applicable to long-term occupancies Such notice shall be provided to current long-term occupancies at least 30 days prior to January 1, 1998, and to new long- term occupancies established after the adoption of this article at the time of occupancy For the purposes of this section, the phrase 'long-term occupancy" shall mean an occupancy for periods exceeding 28 consecutive days or 28 days in any 60 consecutive day period. (c) The provisions of this article shall not be used to avoid the application of tenant',& rights m violation of the State Civil Code Section 1940 1 (d) Motels with existing long-term occupancies in excess of 25 percent of the rooms shall not re rent units for subsequent long-term occupancies after such units are vacated by long- term occupancy tenants after the effective date of this article, unless a conditional use permit has been obtained, as provided in Section 13-174 CONDITIONAL USE PERMIT FOR EXTENDED OCCUPANCIES. Chapter Ix special Land Use Regulations 136 Motels Costa Mesa Zoning Code ARTICLE 9. OFF SITE HAZARDOUS WASTE FACILITIES Sec. 13-176. PURPOSE The purpose of this article is to establish land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities pursuant to Chapter 6.5 of Division 20 of the State Health and Safety Code and the County Hazardous Waste Management Plan. Sec. 13-177 DEFINITIONS The following words and phrases shall, for the purpose of this article, be defined as follows, unless it Is clearly apparent from the context that another meaning is intended. Applicant Any person applying to the City for a conditional use permit concerning a proposed hazardous waste facility, as defined under the term "proponent" of the State Health and Safety Code Section 25199.10). General fund. The State of California General Fund. Appeal board A board designated by the Governor to review the following types of appeals pursuant to State Health and Safety Code Section 25199.9 The procedures and requirements for an appeal to the Appeal Board shall be pursuant to State Health and Safety Code Sections 25199 9 - 25199.14 (a) An appeal by the applicant of the disapproval by the City of a hazardous waste facility application; (b) An appeal by the applicant of one or more conditions of approval placed by the City on an approved hazardous waste facility application; and (c) An appeal by an interested person which is based solely on the grounds that the conditions of approval Imposed by the City on an approved hazardous waste facility application do not adequately protect the public health, safety or welfare. (dl An appeal of all other City land use decisions as specified in State Health and Safety Code Section 25199,9 Hazardous waste. A waste - as defined in State Health and Safety Code Section 25117 Interested person A person, as defined in State Health and Safety Code Sections 25118 and 25124, who participates an one or more public meetings or hearings held to consider an application for a conditional use permit for a proposed hazardous waste facility 'Participation as defined in the State 4ealth and Safety Code, Section 25199.1(c) includes but is not limited to, the giving of oral or written testimony at a meeting or heanng, submission of questions at a meeting or hearing, or attendance at a meeting or hearing. Local Assessment Committee (LAC)A State-regmred committee as defined by State Health and Safety Code Section 25199.7(d) of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility Office of Permit Assistance (OPAI The State of California Office of Permit Assistance. Off-site hazardous waste facility. A facility, as defined in State Health and Safety Code Section 25117 1, that accepts hazardous wastes that are generated at another location (off-site) and serves more than one producer of hazardous waste. Types of facilities include, but are not limited to: 137 Chapter IX Special Land Use Regulations OH -Site Hazardous Waste Facilities Costa Mesa Zoning Code (a) Incineration facility, b.e , rotary kiln, fluid bed, etc.)' (b) Residual repository (receives only residuals from hazardous waste treatment facilities); to) Stabilization/solidification facilities; (d) Chemical oxidation facilities; (e) Neutralization/precipitation facilities; or Ifl Transfer/storage facilities. Proposed hazardous waste facility. A specific off-site hazardous waste facility project proposal Sec. 13-178. APPLICABILITY (a) The specific requirements of this article are applicable to the siting, construction, and/or retrofit of any facility proposed for the treatment, storage, transfer and disposal of hazardous waste generated from other sources (off-site) as defined in Section 13-177 DEFINITIONS. The off-site facility definition In Section 13-177 DEFINITIONS does not apply to. a) Transportable Treatment Units ITTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by leased to, or under the control of the producer of the waste. All such facilities hue off-site, on-site, and TTUs) shall be subject to State licensing for installation and operation and appropriate review by the City (b) Used motor oil collection facilities. The provisions of this article shall not apply to used motor od collection facilities that meet the following criteria. 11) The facility is for collection only, no processing of the used motor oil shall occur at the site. 121 The storage of the used motor oil is short-term (less than 90 days) (3) The collection facility is incidental to the main use of the property (4) The collection facility complies with development standards for outdoor storage. Sec. 13-179. CONDITIONAL USE PERMIT REQUIRED lal It shall be unlawful to establish and operate an off-site hazardous waste facility without first obtaining a conditional use permit. The conditional use permit shall require approval of the City Council Ib) Offsitehazardous waste facilities may be allowed in the MP and MG industrial zones, subject to the issuance of a conditional use permit and pursuant to the provisions of this article and CHAPTER III PLANNING APPLICATIONS. Other zoning districts where off-site hazardous waste facilities may be considered are C1, C2, Ci S, PDC, TC, PDI, and I&R, provided a finding is made by the City Council that the proposed facility is of a purpose, scale, and operation that is compatible with the intent of the aoplicible zoning district and General Plan designation, the ssuance of a conditional use permit shall also be eq,',ed This requirement is in addition to other permits required by law Where this article does not provide specific direction, the provisions of other applicable chapters and articles of this Zoning Code shall apply (Cl A conditional use permit application for a proposed hazardous waste facility shall be accompanied by all processing fees as established by resolution of the City Council Sec 13-i BO APPLICATION REQUIREMENTS The Development Services Director shall prescribe the application form and information necessary to process the conditional use permit, In addition, the Development Services Director may require that the following information accompany the application Chapter IX Special Land Use Regulations 138 OH Site Hazardous Waste Facilities Costa Mesa Zoning Code (a) A map depicting the distance from the project property lines to the nearest residential structure, residential zone, and General Plan residential land use designation. (b) Identification of surrounding zoning and land uses. (c) Project proximity to 100 -year floodplain areas. (d) Project proximity to any known earthquake fault zones. lel The relationship of the proposed project to all above ground water supplies as well as known underground aquifers that could possibly suffer contamination. (f) Existing and proposed utilities which service or will be needed to service the facility (g) A preliminary geological study of the property and surrounding area which includes a soils analysis that is to the depth of known aquifers, regardless of the potability of those aquifers. (h) Identification of all wastewater, treated and untreated, to be generated by the proposed facility and the method and place of final discharge. Surface water runoff shall also be addressed. (1) Identification of the amounts ftonnagO and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility Information shall be provided on the amounts, sources and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, representative of the wastes that will be processed at the facility (JI For properties within a 300 -foot radius of the boundary of the project site, the applicant shall provide a surrounding ownership map, a list of names and mailing addresses of all property owners and tenants within the radius area, and 5 sets of mailing labels for all tenants and owners of record per the specifications of the Planning Division. A greater radius of notification, up to a 1000 feet, may be required at the discretion of the Development Services Director (k) A public involvement/participation plan for the proposed project which provides adequate forums to receive public testimony in an effort to identify and mitigate all public concerns prior to the public hearings. (q The proposed monitoring program to ensure on an ongoing basis that there is no unintentional release of any hazardous substance from the site This program shall include any ongoing monitoring necessary by other permitting agencies Including but not limited to the Southern California Air Quality Management District, Environmental Protection Agency, Air Resources Board and Regional Water Quality Control Board. (m) A preliminary emergency contingency plan designed to minimize hazards to human health or the environment from fires, explosions or any unplanned release of hazardous waste or hazardous waste constituents to the air, sod or surface water The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment (n) The proposed closure plan which identifies the steps necessary to completely or partially close the facility at any point during its operating life and to permanently close the facility at the end of its Intended operating life (o) An analysis of how the proposed project complies with the siting criteria for off-site hazardous waste fac16ties described -n the County Hazardous Waste Management Plan The stung criteria may be obtained item the Planning Division (p) Documentation that all applicable permits, licensing and certification requirements under Chapter 6.5, Division 20, of the State Health and Safety Code have been obtained (q) Other information as required by the Development Services Director Sec. 13-181 ENVIRONMENTAL REVIEW The project shall be subjec to environmental analysis accordmq to the City s established procedures pursuant to the California Environmental Quality Act Fees for the environmental review shall be established by resolution of the City Council 139 Chapter I% Special Land Use Regulations Off -Site Haeardoas West. Facilities (a) At least 90 days before filing a conditional use permit application for a proposed hazardous waste facility, the applicant shall file a notice of intent to make an application with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research (OPR) and with the Development Services Director The notice of intent shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify affected State agencies of the notice of intent. The City shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of record and tenants of all property within a 300 foot radius of the boundary of the project site. A greater radius of notification, up to 1000 feet, may be required at the discretion of the Development Services Director A notice of intent is not transferable to a location other than the location specified in the notice, and it shall remain in effect for one year from the date it is filed or until it is withdrawn by the applicant, whichever is earlier. The applicant shall also provide for the notification area, a surrounding ownership map, a list of names and mailing addresses of all tenants and property owners of record, and one set of mailing labels for all tenants and property owners per the specifications of the Planning Division. The City shall impose a fee upon the applicant equal to the cost of notification required by this section. The fee shall be established by resolution of the City Council. (b) Within 90 days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the City to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving the project application. The Development Services Director shall coordinate with OPA regarding the meeting's location and time and shall provide a notice of the meeting. (c) Anytime after receiving a notification of the filing of a notice of intent, but no later than 30 days after the application is accepted as complete, the City Council shall appoint a seven - member Local Assessment Committee (LAC) in conformance with State Health and Safety Code Section 25199.7(d). The City shall provide staff resources to assist the LAC in performing its duties. The City shall charge the applicant a fee to cover the City's costs of establishing and convening the LAC; the fee shall be established by City Council resolution and shall accompany the conditional use permit application. (dl The Development Services Director shall notify the OPA within 10 days after the conditional use permit application is accepted as complete. Within 60 days after receiving this notice, the OPA will convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the affected agencies and the public pursuant to State Health and Safety Code Section 25199.7(e). The meeting shall take place in the City and shall be noticed pursuant to subsection (a). (e) Following the meeting as specified in subsection (d), the applicant and the LAC shall meet and confer on the proposed hazardous waste facility for the purpose of establishing the terms and conditions under which the project will be acceptable to the community (f) If the LAC finds that it requires assistance and independent advice to adequately review a proposed project, it may request technical assistance grants from the City to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use the available technical assistance grant funds to hire a consultant to do either or both of the following: (1) Assist the LAC in reviewing and evaluating the project's application, environmental documents and any other documents, materials and information that are required by a public agency in connection with the conditional use permit application. 140 (2) Advise the LAC in its meetings and discussion with the applicant to seek agreement on the terms and conditions under which the project will be acceptable to the community. The applicant shall pay a fee, in addition to the fee set forth in subsection (c), to the City equal to the amount of any technical assistance grant provided to the LAC. The City shall deposit any fee imposed in an account created in the City, maintain records of all expenditures from the account, and return any unused funds and accrued interest at the legal rate to the applicant upon completion of the review of the proposed project. (g) If the LAC and the applicant cannot resolve any differences through the meetings, the OPA may assist in this resolution pursuant to State Health and Safety Code Section 25199.4. IN At the request of the applicant, the City Council shall, within 60 calendar days after the application is determined complete, issue an initial written determination on whether the hazardous waste facility is consistent with both the General Plan and Zoning Code in effect at the time the application was received, and the County Hazardous Waste Management Plan. 10 Upon completion of the project review by the LAC, and all necessary environmental review, the Planning Commission shall hold a public hearing on the conditional use permit and make its recommendation to the City Council in writing. The recommendation shall include a statement of whether or not the proposed hazardous waste facility complies with the findings contained in Section 13-184 FINDINGS. (I) After the Planning Commission has made its recommendation, the City Council shall hold a public hearing and shall approve, disapprove, or conditionally approve the request based on the findings contained in Section 13-184 FINDINGS and, where applicable, the findings contained in Section 13-179(b) CONDITIONAL USE PERMIT REQUIRED. The City Council may impose conditions on granting a conditional use permit in order to achieve the purposes of this article and the General Plan and to protect the health, safety, and general welfare of the community (k) An applicant may file an appeal of a decision made by the City Council with the appeal board as provided in State Health and Safety Code Section 25199.9. Sec. 13-183. PUBLIC NOTICES Public notices required by this article shall be given consistent with the requirements of State Government Code Section 65091 and shall be given, at least 10 days prior to the date of the public hearing, in all of the following manners: (a) Mailing by first class mail or delivery to the applicant, to each owner of record of the property affected, and to all owners of property of record within the required notification area. (b) Mailing by first class mail or delivery to Mesa Consolidated Water District and/or Santa Ana Heights Water Company, Costa Mesa Sanitary District, County Sanitation Districts of Orange County, and Newport Mesa Unified School District and/or Santa Ana Unified School District. (c) Mailing by first class mail to any person and/or agency that has filed a written request with the Development Services Director (d) Publication at least once in a newspaper of general circulation published and circulated in the City 141 Sec. 13-184. FINDINGS At a minimum, the following findings shall be made in writing by the City Council prior to approval of a conditional use permit: (a) The proposed hazardous waste facility is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. (b) Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. (c) Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property (d) The project will not be detrimental to the health, safety or general welfare of the community (e) The project site is or will be adequately served by roads and other public or private service facilities. (f) The project will be consistent with the Regional Fair Share Facility Needs Assessment, siting policies, and facility siting criteria established in the County Hazardous Waste Management Plan. (g) Where applicable, the findings in Section 13-179(b) CONDITIONAL USE PERMIT REQUIRED. Sec. 13-185. APPEALS (a) In the event the City Council approves the conditional use permit, its action shall be final unless appealed pursuant to subsection (b). (b) An applicant or an interested person may file an appeal of a land use decision made by the City Council to the appeal board within 30 days after the date the City Council takes final action on the conditional use permit pursuant to the procedures set forth in State Health and Safety Code Sections 25199.9 - 25199.14. 142 ARTICLE 10. TEMPORARY TRAILERS Sec. 13-186. PERMIT REQUIRED It is unlawful to place, use or occupy any trailer coach, mobile home or modular structure of a temporary nature for residential or nonresidential use upon any property without a permit. This regulation does not apply to storage of trailers or to those that are used as dwelling units within an authorized trailer park or mobile home park. Sec. 13-187 TEMPORARY REAL ESTATE OFFICES Temporary trailers may be approved by the Planning Division for real estate offices related to the sale of lots or dwelling units in any approved subdivision. The approval period shall be limited to a period of one year; extensions of time may be granted by the Development Services Director for good cause. Building permits shall be required. Sec. 13-188. OTHER USES (a) With the exception of a real estate office noted above, a minor conditional use permit shall be required for the use of a temporary trailer on any property Application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in CHAPTER III PLANNING APPLICATIONS. Ib) The approval shall typically be limited to one year; however, the Zoning Administrator may grant additional time based on the merits of the proposal. 143 ARTICLE 11 TRANSITIONAL AREAS Sec. 13-189. PURPOSE The City Council recognizes that areas in developed zoning districts may change in their use gradually, and thus become transitional in nature. This article is adopted for the purpose of enabling the City Council to authorize the broadest and best use of the properties, regardless of the present zoning, within such changing areas during the transitional period. Sec. 13-190. ESTABLISHMENT OF TRANSITIONAL AREAS Upon recommendation of the Planning Commission, the City Council may by resolution designate an area as a transitional area. However, no area less than one city block in length shall be designated a transitional area. Sec. 13-191 USES PERMITTED IN TRANSITIONAL AREAS (a) Initial adoption. Upon recommendation of the Planning Commission, the City Council shall adopt by resolution the additional uses allowed in any transitional area. The additional uses listed in the resolution shall be permitted without variance, conditional use permit or rezone. Ib) Modifications. The Planning Commission may by resolution make modifications, additions and/or deletions to the uses allowed in any transitional area. Sec. 13-192. WEST 19TH STREET TRANSITIONAL AREA The residential area on West 19th Street which includes the street addresses of 854 through 1014 West 19th Street (even numbers only) and 1903 Federal Avenue is designated a transitional area. Specific commercial uses permitted in this transition zone shall be pursuant to a resolution of the Planning Commission. 144 ARTICLE 12. TRANSPORTATION DEMAND MANAGEMENT Sec. 13-193. PURPOSE This article is intended to meet the requirements of State Government Code Section 65089(b)(3) which requires development of a trip reduction and travel demand element to the Congestion Management Program, and Section 65089.3(b) which requires adoption and implementation of Trip Reduction and Travel Demand Ordinance. Sec. 13-194. DEFINITIONS For purposes of this article, the definitions for the following terms shall apply, Alternative transportation modes. Any mode of travel that serves as an alternative to the single occupant vehicle, during peak hours of traffic operations (i.e. 6:00 a.m. to 10.00 a.m. and 4:00 p.m. to 6:00 p.m.). This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling or walking. Applicable development. Any new development project that is determined to meet or exceed the employment threshold using the criteria contained in Section 13-196 APPLICABILITY Employee. Any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency or other entity which employs 100 or more persons at a single worksite. Employment generation factors Factors for projecting the potential employment of any proposed development project. Employer. Any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation or other entity which employs 100 or more persons at a single worksite, and may either be a property owner or tenant of an applicable development project. Facilityfiesl. The total of all buildings, structures and grounds that encompass a worksite, at either single or multiple locations, that comprises or is associated with an applicable development project. New development project. Any nonresidential project being processed where some level of discretionary action by a decision-making body is required. Transportation demand management TOME Development and implementation of programs, plans, reports or policies designed to encourage changes in individual travel behavior TDM can include an emphasis on alternative travel modes to the single occupant vehicle such as carpools, vanpools and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak periods. Sec. 13-195. POLICY New commercial, industrial and mixed-use development including employment centers of 100 persons or more may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possible significant additional capital expenditures to augment and improve the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the City to: (a) Reduce the number of peak -period vehicle trips generated in association with additional development. (b) Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes. 145 (c) Achieve related reductions in vehicle trips, traffic congestion and public expenditure and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing. (d) Promote coordinated implementation of strategies on a countywide and citywide basis to reduce transportation demand. (e) Achieve the most efficient use of local resources through coordinated and consistent regional and/or local TDM programs. Sec. 13-196. APPLICABILITY (a) This article shall apply to all new development projects that are estimated to employ 100 or more persons as determined by the methodology contained in subsection (b). (b) For purposes of determining whether a new development project is subject to this article, the total employment figure will be determined as follows: (1) Employment projections developed by the project applicant, subject to approval by the Development Services Director (2) Employment projections developed by the City using the following employee generation factors: Land Use cotes." Gross Square Feet Per Employee Commercial 500 Office/Professional 250 Industrial 525 Motel 0.8 employees/room Hotel 1.2 employees/room Hospital/medical and dental offices 400 Warehouse 1,000 (c) The employment projection for a development of mixed or multiple uses shall be calculated based upon the proportion of development devoted to each type of use. Sec. 13-197 FACILITY STANDARDS All applicable developments shall be subject to the facility standards as specified in this section and shall provide one or more of the improvements identified below: (a) Preferential parking for carpool vehicles: (1) At least 15 percent of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "Carpool Only" (2) Carpool spaces shall be used only by carpool vehicles in which at least 2 of the persons will be employees or tenants of the proposed project, or where a reciprocal preferential carpool parking agreement with other developments has been established. 146 (3) Such carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Planning Division. (The intent of this section Is not to preclude parking agreements for visitors and handicapped, but to provide preferential carpool parking within the general employee parking areas. The factors listed below shall be used to determine the number of employee parking spaces.) (4) The total number of employee parking spaces shall be determined by using the following factors as specified In CHAPTER VI OFF-STREET PARKING STANDARDS. Type of Use Percent of Total Parkins Devoted to Employee Parklna Commercial 30 Office/Professional 65 Industrial/warehouse 90 Hotel/Motel 30 Hospital, medical and dental offices 55 (b) Bicycle parking and shower facilities. Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle or walk in accordance with the following standards: (1) The number of bicycle facilities/racks shall be provided at the rate of at least one rack for every 50 employees or fraction thereof. The maximum number of bicycle parking spaces required for less than 1,000 employees shall be 20 spaces and 30 spaces for 1,000 or more employees. All required bicycle parking facilities shall be In secured locationls) as approved by the Transportation Services Manager (2) Shower and locker facilities shall only be required In new buildings of 100,000 square feet or more. A minimum of 2 showers and 4 lockers shall be provided for both female and male employees. (c) Information on transportation alternatives. (1) A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single occupant vehicle. This area shall be centrally located and accessible to all employees or tenants. (2) Information in the area shall include, but not be limited to, the following: a. Current maps, routes and schedules for public transit. b. Rldesharing match lists. C. Available employee incentives. d. Ridesharing promotional material supplied by commuter oriented organizations. (d) Rideshare vehicle loading areas. 147 (1) The need for, design, and location of passenger loading areas for passengers to embark and disembark from rideshare vehicles shall be reviewed by the Transportation Services Manager 12) Passenger loading areas shall be of a size large enough to accommodate the number of waiting vehicles equivalent to the rate of at least 5 spaces per every 100 of the required parking spaces for the project. (3) The passenger loading areas shall be located as close as possible to the building's employee entrance(s), and should be designed in a manner that does not impede vehicular circulation in the parking area. Is) Vanpool vehicle accessibility (1) The need for, design, and location of passenger loading areas for passengers to embark and disembark from vanpool vehicles shall be reviewed by the Transportation Services Manager. (2) The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. (3) Where applicable, vanpool vehicle accessibility shell include a minimum of 7 feet and 2 inches vertical clearance for those parking spaces and ramps to be used by such vehicles. (4) Vanpool parking spaces shall be located near the building's employee entrance(s) or other preferential locations as approved by the Transportation Services Manager (5) The number of accessible vanpool parking spaces shall be at the rate of at least 5 per cent of the total required employee car pool parking spaces as determined in Section 13- 197(a)14) FACILITY STANDARDS. (f) Bus stop improvements. (1) The need for, design and location of potential improvements at area bus stops shall be reviewed by the Transportation Services Manager (2) Bus shelters, pullouts, and pads, shall be provided as necessary in consultation with and approval by the affected transit service providers. Sec. 13-196. PARKING INCENTIVES The total number of employee parking spaces as defined in Section 13-197 FACILITY STANDARDS may be reduced by the following factors: (a) Additional carpool/vanpool parking. One and one-half employee parking spaces may be eliminated for each additional carpool or vanpool space provided in excess of the number required by Section 13-197 FACILITY STANDARDS. However, such reduction shall not exceed 3 percent of the total employee parking spaces. (b) Additional bicycle parking and shower/locker facilities. New development projects may reduce the required number of employee parking spaces for additional bicycle parking and shower/locker facilities provided in excess of that required by Section 13-197 FACILITY STANDARDS. However, such reduction shall not exceed 3 percent of the total employee parking spaces. Sec. 13-199. IMPLEMENTATION AND MONITORING 148 For the purpose of determining whether applicable developments are in compliance with the provisions of this article, the Planning Division shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms to verify compliance with the facility standards required under Section 13-197 FACILITY STANDARDS may include, but not be limited to, the following: (a) Current procedures for site development plan review as appropriate. (b) Field/site inspections. (c) Other building site reports/surveys which the City may deem appropriate. Sec. 13-200. ENFORCEMENT AND PENALTIES For purposes of ensuring that applicable developments comply with the provisions of this article, the City shall, following written notice to subject property owner or designee (employer), initiate enforcement action(s) to enforce compliance with the facility standards under Section 13-197 FACILITY STANDARDS, which may include, but not be limited to, the following: (a) Withholding issuance of a building permit or certificate of use and occupancy (b) Issuance of stop work order(s). (c) Enforcement as provided in CHAPTER I GENERAL, ARTICLE 4 ENFORCEMENT 149 CHAPTER X. NONCONFORMING USES, DEVELOPMENTS AND LOTS Sec. 13-201 PURPOSE The purpose of this chapter is to identify the development parameters regarding nonconforming uses, developments and lots. Sec. 13-202. DEFINITIONS The following terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning: Conforming use. An existing and legally established use which is permitted in a particular zone by this Zoning Code. Conforming development. An existing and legally established development which conforms to the development standards required by this Zoning Code. Nonconformina development. An existing and legally established development which no longer conforms to the development standards required by this Zoning Code. Nonconforming dwelling unit. An existing and legally established dwelling unit which no longer conforms to the development standards required by this Zoning Code or which is located in a district where it is no longer permitted. Nonconforming lot. An existing and legally established lot not complying with the minimum area and dimension standards required by this Zoning Code. Nonconforming mobile home Park. An existing and legally established mobile home park which no longer conforms to the development standards or location provisions required by this Zoning Code. Nonconforming use. An existing and legally established use which is located in a district where it is no longer permitted by this Zoning Code. Nonconformina use of land or of land with minor structures only. An existing and legally established use which is located in a district where it is no longer permitted by this Zoning Code and where such use involves no individual structure with a replacement cost exceeding $5,000.00. Sec. 13-203. MAINTENANCE AND REPAIR (a) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe, except as noted in Subsection (b), by order of any official charged with protecting the public safety, nor shall it prevent alterations necessary for compliance with requirements of other governmental agencies. (b) If a nonconforming development or portion of a development containing a nonconforming use becomes physically unsafe or unlawful because of lack of repairs or maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. Sec. 13-204. NONCONFORMING PROVISIONS The following table identifies the provisions governing nonconforming uses and/or developments 150 TABLE 13-204 NONCONFORMING PROVISIONS USES TYPE OF USE CONTINUANCE OF A USE PERMITTED CHANGE OF USE PERMITTED Conforming Use in a Nonconforming YES- No restrictions on use. YES - Exception. If the development has less parking Development than required for the existing conforming use, the existing use may not be replaced with a use requiring more parking unless the additional parking required for the new use is provided. Other uses on the same site may continue with the existing nonconforming parking Nonconforming Use in a Conforming or Nonconforming Structure. Nonresidential Structures YES - However, when a nonconforming use is YES - Any nonconforming use may be changed to discontinued or abandoned for 6 consecutive another nonconforming use provided that the months or for 18 nonconsecutive months Development Services Director finds that the during any throe -year period (except when proposed use is equally appropriate or more government action impedes access to the appropriate to the district than the existing premises) or when it is replaced for any time nonconforming use In permitting such a change, the period by a conforming use, the development Development Services Dtieemr may require shall not thereafter be used except in appropriate conditions and safeguards in accordance conformity with the regulations of the district with the provisions of this Zoning Code and/or may in which it is located. For purposes of this require reasmuble altemnons to the premises to chapter, a discontinued use shall not require a bring them into greater conformance with the determination of the voluntary or involuntary requirements for the district. Structural alterations, nature of the discontinuance or the intent to conforming to the provisions of this Zoning Code, resume the nonconforming use. may be approved by the Development Services Director provided that it is determined that the proposed alterations do not extend the life of the __________________ ______________________ nonconforming use. ____________ ______ Residential Structures YES - However, when a nonconforming use is YES - However, only to a use conforming to the discontinued or abandoned for any period of provisions of (his Zoning Code time, it may not be reestablished All subsequent uses in the residential structure shall conform to this Zoning Code Nonconforming Mobile Home Parks YES - A nonconforming mobile home park YES - However, the conversion is subject to the may continue unless and until no one resides procedures for Mobile Home Park Conversions in onsite for a continuous period of 6 months. CHAPTER III PLANNING APPLICATIONS. Nonconforming Use of I and or land 1. Legally established agricultural uses may YES - However, only to a use conforming to the With Minor Structures only continue until the land is developed. provisions of this Zoning Code. 2. If the use is discontinued or abandoned for any period of time, all subsequent uses shall conform to this Zoning Cade. 3 No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time it became monconforming. 4. No nonconfan ning use shall be moved in whole or in pan ro any portion of the lot other than that occupied by such use at the time the use became nonconforming. 151 TABLE 13-2O4(CONTDRIED) DEVELOPMENTS TYPE OF DEVELOPMENT ALTERATION OF DEVELOPMENT REBUILDING AFTER DESTRUCTION All Nonresidential Developments No existing development devoted to a The, following pmnsmns shall apply in the reconnru strum of containing Nonconforming Uses nonconforming use shall be structurally altered legal mrswrd orning commereal, industrial and uodmnornl except to changing the use of the development developments Any remsmmcmon allowed must be soused to a conforming use. Except that structural wither a person of one year and carried out diligently in alterations, conforming in the provisions of this completion. An extenamn of am to sun the resmrumn Zoning Code, may be approved by the my be granted for good cause by the Development Servaes Development Services Director provided that it Direcor Is determined that the proposed alterations do 1 SMuld a wramNonnmg commercial, msumuovl or not extend the life of the nonconforming use. udusmal development or raruonfomung pomon of a Ordinary maintenance shall be permitted. commercial, insumtional or industrial development he destroyed in an extent of more than 50 percent of the market value, it shall rat be reconsvucted unless such desuucmon Is runtennoml In the use of unintennmol destruction, Ne development maybe restored in to onguul holding commity (floor area ono) and use provided that a The refunding complies with all other applicable sections Of tho Zoning Cade and other codes mcludmg but Out limited to the following development standards: budding setback, lot coverage, budding Might, parking, open space and landscaping b The rebolthng would Out increase the development's norcoofamdy 2 Should a mrrmnformug commercial, uuuotiorul or minimal development or rarwNorming pomon of a commercial, msmmtoral or industrial development he unintentionally destroyed by any means to an extent of 50 percent or less of the market value, the structure may be restored and the occupancy or use of such structure or part thereof may be condwed or resumed provided that the mxtomuon is of an equal or lesser degree of nonconformity Nonconforming Nonresidential Alterations may be made provided that all of Developments containing Conforming the following criteria are met: Uses L The alteration itself complies with all applicable sections of this Zoning Code and other codes; 2. In permitting such an alteration, the Development Services Director may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Cade and/or may require reasonable alterations to the development in bring it into greater conformance with the standards for the district; and, 3. The development will not be made more nonconforming. Nonconforming Uu of Iand or land No noriconformmg structure shall be erected or with Minor Structures oNy altered m connection with the nonconforming use of land 152 TYPE OF DEVELOPMENT Nonconforming Dwelling Units containing Conforming Uses Nonconforming or Conforming Dwelling Units containing Nonconforming Uses Nonconforming Mobile Home Parks TABLE 13.204 (CONTINUED) DEVELOPMENTS (oondnued) Alterations may be nude to nonconforming dwelling units provided the following criteria are met 1. The zone is residential, 2. The alteration or addition itself complies with all applicable sections of this Zoning Code and other codes; 3. The addition does not occupy the only portion of an area which can be used for required garages, parking spaces or access thereto; and 4 The residential development will not be made more nonconforming. 5. When the existing main budding, excluding architectural features, projects into required setback areas, minor building additions may encroach into required setback areas with approval of a minor modification. I No existing development devoted to a nonconforming use shall be structurally altered except in changing the use of the development to a conforming use Except that structural alterations, conforming to the provisions of this Zoning Code, may be approved by the Development Services Director provided that it is determined that the proposed alterations do not extend the life of the nonconforming use Ordinary maintenance shall be permitted. 2. In nonconforming mobile home parks, existing mobile homes may be replaced by other mobile homes pronded that the mut number of units within the mobile home park is not increased and the mobile home park will not be made more nonconforming in respect to this Zoning Code. 153 REBUILDING AFTER DESTRUCTION The following provisions shall apply to the reconstruction of legal nonconforming dwelling units Any reconstruction allowed must be started within a period of one year and carried our diligently to completion An extension of Irmo m start the restoration may be granted for good cause by the Development Services Director L If the units) in any residential zone islare destroyed unintentionally by any means, in any extent, the damage may be restored and the occupancy continued or resumed provided that the restoration is of an equal or lesser degree of nonconformity. 2. See Section 13-205 regarding provisions for mnln-family zones. 3. Should a legally constructed dwelling unit in a commercial or industrial zone be destroyed by any means in an extent of more than 50 percent of the market value, it shall not be reconstructed. 4. Should a legally constructed dwelling unit in a commercial or industrial zone be unintentionally destroyed by any means to an extent of 50 percent or less of the market value, the structure may be restored and the occupancy or use of such structure or part thereof may be continued or resumed provided that the restoration is of an equal or lesser degree of nonconformity. Sec. 13-205. PROVISIONS FOR MULTI -FAMILY ZONES FOR REBUILDING AFTER DESTRUCTION. (a) If units in the R2 -MD, R2 -HD, R3 or FOR zones are voluntarily demolished, an equal or lesser number of units may be rebuilt so long as the development complies with all other applicable sections of this Zoning Code and other codes. This includes but is not limited to the following development standards: building setback, lot coverage, building height, parking, open space and landscaping. Furthermore, the allowable density or number of units to be redeveloped shall be limited to the General Plan rebuilding incentive for the current land use designation. The resulting number of units shall not exceed the existing number of legal nonconforming units nor be more than the number of units that would have been allowed on March 15, 1992. The rebuilding shall not increase the development's nonconformity. IN Consideration may be given through the Master Plan process, to allow rebuilding of existing multiple family residential projects that do not fully meet all the other applicable sections of this Zoning Code and other code standards. Consideration shall be given to the provision of tandem parking for units requiring more than one dedicated parking space and for cantilevered second story living areas over drive or yard areas. Through the Master Plan process, the rebuilding project must demonstrate why strict compliance with each of the current standards is either infeasible or unnecessary. In exchange for any deviation from current standards, the project must provide additional amenities such as those listed below: (1) Continuous use garages instead of carports for greater security (2) Useable open space with amenities. (3) Flower beds and adequate lawns of sufficient area to create a useable recreation area. (4) Individual vegetable garden areas screened by hedges. (5) Masonry planters, potted flowers and shrubs on decks and balcony flower boxes. (6) Trellises with vines. (7) Minimum size trees based on box size rather than gallons such that 30% or more of the trees are a minimum 24 inch box size. (8) CC&Rs to ensure landscape maintenance. (9) On-site manager for projects of 15 units or less. (10) Awnings, especially along the front for color and product definition, and a better facade. 01) Stamped concrete or decorative at entrances and critical driveway intersections. (12) Meandering rather than straight sidewalks. (13) Terraced elevations at all sides to reduce scale and massing. (14) Upgraded windows and doors for noise reduction. (15) Covered/screened dumpsters for projects of 4 units or less. (16) Concrete slab where the trash truck would stop to compact trash to prevent damage, or contract for roll -off service so that the trash truck does not come on- site. (17) Orientation of units away from the street toward interior courtyards. (18) Adequate lighting for security (beyond parking and driveway lighting required by code. (19) Gates and intercom system for security. (20) Other amenities that enhance the project for the neighborhood. (c) In reviewing the Master Plan, the Planning Commission shall decide if the degree of deviation is warranted, if the proposed amenities are sufficient to offset the deviation, and if the maximum allowable density shall be reduced due to the deviation. (d) The Master Plan shall be processed as shown in CHAPTER III PLANNING APPLICATIONS. le) Findings. The findings necessary to grant the Master Plan are: (1) Full compliance with current development standards would make rebuilding infeasible; (2) The proposed rebuilding is substantially compatible with surrounding developments and would not be materially detrimental to other properties in the area; 154 Costa Mesa Zoning Cade (2` The proposed rebuilding is substantially compatible with surrounding developments and would not be materially detrimental to other properties In the area; (3) The proposed rebuilding is less nonconforming than the existing development; and (41 The proposed rebuilding provides additional amenities that ensure a high quality development. Sec. 13- 206. NONCONFORMING FENCES AND WALLS Nonconforming fences or walls may remain unless destroyed, damaged or altered (by any means or cause) to the extent of more than 50 percent of Its value. When the destruction, damage or alteration exceeds 50 percent of its value then the reconstruction shall conform to the Zoning Code. Sec. 13-207 NONCONFORMING LOTS (a) Uses permitted in the zone shall be permitted on nonconforming lots, subject to all other property development standards of the zone. (b) When 2 or more contiguous nonconforming lots or porttons of lots are held under common ownership, they shall be deemed merged when and as provided for in the Subdivision Map Act (State Government Code Sections 66410 to 66499 56) 155 Chapter X Nonconforming Uses, Developments and Lots Costa Mesa Zoning Code CHAPTER XI. SUBDIVISIONS ARTICLE 1. TENTATIVE MAPS Sec. 13-208. PURPOSE (a) Pursuant to Title 7 Division 2 of the State Govemment Code, the City hereby adopts the Subdivision Map Act, State Government Code Sections 66410 - 66499 58, subject to amendments as provided by law and contained elsewhere in this chapter (b) The provisions of this article are supplemental to those of the Subdivision Map Act, and shall apply to all subdivisions of land made when the land is entirely or partially within the city limits. Sec. 13-209. GENERAL A tentative and final map shall be required for all subdivisions creating 5 or more lots, 5 or more common interest development projects defined in State Civil Code Section 783, a community apartment project containing 5 or more lots, or the conversion of a dwelling to a stock Cooperative containing 5 or more dwelling units Sec. 13-210. CONSISTENCY No land shall be subdivided and developed for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by this Zoning Code Sec. 13-211. PLANNING COMMISSION DUTIES The Planning Commission is charged with the following duties (a) Investigation and report on the design and improvement of proposed subdivision, (b) Approve, conditionally approve or deny tentative maps of subdivisions prepared and fled according to this article and the Subdivision Map Act, and (c) Recommend the kind, nature and extent of the improvements required to be installed in subdivisions Sec. 13-212. REQUIREMENTS AND SETBACKS FOR TENTATIVE MAPS All subdivisions as defined in Section 13-209 GENERAL shall meet the requirements for tentative map in the Subdivision Map Act, and the information as compiled by the City Engineer The minimum subdivision standards of development for streets, highways, alleys, walkways, lots and utility easements shall Conform to the standards as compiled by the City Engineer Sec. 13-213. PREPARATION, FILING Preparation of map and filing procedures shall be in accordance with CHAPTER III PLANNING APPLICATIONS The fling should be prior to the completion of final surveys of streets and lots and before the start of any grading or Construction work within the proposed subdivision Sec. 13-214. INFORMATION TO ACCOMPANY TENTATIVE MAP The information to accompany tentative maps is subject to the Subdivision Map Act and is indicated on the application torte for subdivisions Chapter XI Subdivisions Tentative Maps 156 Costa Mesa Zoning Code Sec. 13-215. REVIEW PERIOD; ACTION BY PLANNING COMMISSION (a) The review penod for each responsible department, municipality, district, or governmental entity shall be as prescribed in State Government Code Sections 66452 1 and 66452 2. (b) Within the time frame established in State Government Code Section 664521 the Planning Commission shall hold a public hearing and shall either approve, conditionally approve or deny the map pursuant to the procedures contained in CHAPTER II I PLANNING APPLICATIONS (c) The Planning Commission may Impose reasonable conditions upon the map's approval Sec. 13-216. DURATION OF APPROVAL, APPEAL AND ABANDONMENT (a) After receipt of the report of the Planning Commission approving or conditionally approving the tentative map, the subdivider may, within 24 months from the date of the approval, proceed to prepare and file a final map as provided in this chapter However, an extension of time equal to no more than 12 months may be granted (b) If the extension is denied, the denial may be appealed to the City Council within 15 days (c) If a final map is not submitted pnor to expiration, the map shall be deemed abandoned The map shall not be deemed abandoned, however, if the subdivider is required to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map at a cost that is equal to or exceeds the cost established by State Government Code Section 66452.6 This cost shall exclude improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property In this circumstance each filing of a phased final map authorized by Stale Government Cade Section 66456 1 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously fled final map, whichever is later The extension shall not exceed the tentative map more than 10 years from its approval or conditional approval The number of phased final maps which may be filed shall be determined by the Planning Commission at the time of the approval or conditional approval of the tentative map. (d) The period of time specified in subsection (a) shall not include any period of time during which a development moratorium applicable to the property which is the subject of the tentative map, imposed after approval of the tentative map, is in existence However, the length of the moratorium shall not exceed 5 years Once a moratorium is terminated, the map shall be valid for the same period of time as was lett to run on the map at the time the moratorium was imposed However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the mondonum Sec. 13-217 FILING PREREQUISITE TO SALE, LEASE, FINANCING, ISSUANCE OF BUILDING PERMITS, OR COMMENCEMENT OF CONSTRUCTION No lot may be sold, leased or financed, nor shall permits be issued or construction commenced prior to the recordation of the final map with the County Recorder Chapter XI Subdivisions Tenlaeva Map. 157 ARTICLE 2. VESTING TENTATIVE MAPS Sec. 13-218. PURPOSE The purpose of this article is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the State Government Code which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this article shall apply to the filing, processing and review of vesting tentative maps as the term is defined by State Government Code Section 66424.5. Sec. 13-219. GENERAL A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as for a tentative map, except as hereinafter provided: (a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." This requirement is mandatory, and any failure to comply with it shall prevent the subdivider from obtaining the benefits provided by this article. (b) At the time a vesting tentative map is filed, a subdivider shall also supply the information provided in the Planning Division's Subdivision Application. (c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approval applications, except for development review, are tiled prior to or concurrently with the map. (d) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code in existence at the time of filing, the inconsistency shall be noted on the map by the subdivider Sec. 13-220. CONSISTENCY No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by this Zoning Code. i -E71 f k E'Yi mat > > I [Nil i CU r` (a) Whenever a provision of the Subdivision Map Act or this Zoning Code requires the filing of a tentative map or parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this article. (b) If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. Sec. 13-222. CONDITIONS PRECEDENT TO APPROVAL A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development, except for development review, have been obtained. Any such approval erroneously granted in violation of this section shall be void. 158 Sec. 13-223. EXPIRATION The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions as those established by other provisions of this chapter for the expiration of the approval or conditional approval of a tentative map. Sec. 13-224. VESTING RIGHTS (a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in State Government Code Section 66474.2. However, if Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (b) Notwithstanding subsection (a), a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined: (1) An approval or conditional approval would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with State or Federal law. All extensions of time are discretionary and may be approved, conditionally approved, or denied. (c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 13-216 DURATION OF APPROVAL, APPEAL AND ABANDONMENT If the final map is approved, these rights shall last for the following periods of time: (1) An initial time period of 24 months. Where several final maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the final map for that phase is recorded. (2) The initial time period set forth in subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing time exceeds 30 days from the date a complete application is filed. (3) A subdivider may apply for a one-year extension at any time before the initial period set forth in subsection (c)(1) expires. If the extension is denied, the denial may be appealed to the City Council within 15 days. (4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (c)(1) through (c)(3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. Sec. 13-225. APPLICATIONS INCONSISTENT WITH ESTABLISHED POLICIES Regardless of other provisions of this chapter, a property owner or his or her designee may seek approvals of permits for development which depart from the ordinance, policies, and standards described in Section 13-224(a) VESTING RIGHTS. The City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. iFY+1 Sec. 13-226. SUBSEQUENT PERMITS, LICENSES AND OTHER ENTITLEMENTS OR USE The provisions of this section shall not be construed to prevent the City from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map provided the conditional approval or denial is made in accordance with the ordinances, policies and standards described in Section 13-224(a) VESTING RIGHTS. 6Y�Sdf KIIr�F'�YtiL`d 3il�i�Lq:l F: If the ordinances, policies or standards described in Section 13-224 VESTING RIGHTS, are changed subsequent to the approval or conditional approval of a vesting tentative map, the property owner, or his or her designee, at any time prior to the expiration of the vesting tentative map pursuant to Section 13-224(c) VESTING RIGHTS, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies or standards for which the amendment is sought. 160 ARTICLE 3. FINAL MAPS Sec. 13-228. PURPOSE The purpose of this article is to identify the procedures and contents of final maps. Sec. 13-229. PREPARATION, FORM AND CONTENTS After approval of the tentative map or a vesting tentative map by the Planning Commission, the subdivider may prepare a final map in accordance with a completed survey of the subdivision and in substantial compliance with the approved tentative map or vesting tentative map, and in full compliance with the Subdivision Map Act and this article. The submission shall include the information required by the City Engineer. Sec. 13-230. DEDICATION AND IMPROVEMENTS (a) Dedications. Conditions of approval of subdivision maps may require certain dedications. All streets, highways, alleys, easements and parcels of land identified in this section, shown on the final map and intended for public use, shall be offered for dedication for public use. The following are subject to dedication requirements: 11) Streets, highways and alleys, including access rights and abutters' rights. (2) Drainage, public utility and other public easements. (3) Land for local transit facilities pursuant to State Government Code Section 66475.2. (b) Future dedication. Streets or portions of streets may be offered for future dedication where the immediate opening and improvement are not required, but where it is necessary to ensure that the City can later accept dedication when the streets are needed for the further development of the area or adjacent areas. (c) Agreement to make improvements. The subdivider shall improve or agree to improve all land dedicated for streets, highways, public ways and easements as a condition precedent to acceptance and approval of the final map. The improvements shall include such grading, surfacing, sidewalks, curbs, gutters, culverts, bridges, storm drains, water mains and service connections to the property line with cutoff valves, sanitary sewers and such other structures or improvements as may be required by ordinance for the general use of the lot owners in the subdivision and for local neighborhood traffic and drainage needs. (d) Grades. All improvements shall be installed to grades approved by the City Engineer (e) Plans, profiles and specifications. Plans, profiles and specifications of proposed improvements shall be furnished to the City Engineer prior to the time of final map submittal, and shall be approved by the City Engineer before the map is filed with the City Council. The plans and profiles shall show full details of the proposed improvements in accordance with City standards. (f) Agreement by subdivider with City. If the improvement work is not completed satisfactorily before the final map is approved, the owner of the subdivision shall, immediately upon approval and before the City's certification of the final map, enter as contractor into an agreement with the City whereby, in consideration of the acceptance by the City of the streets and easements offered for dedication, the contractor agrees to complete the work within the time specified in the agreement. (g) Waiver of access. The subdivider may be required by the Planning Commission, as a condition of approval, to waive access to one or more designated streets before obtaining the City Council approval of any final map. 161 Ih) Bonds. To assure that the work will be completed, bonds shall be provided by the subdivider from an approved surety company, or in cash, in the following amounts and for the following purposes: (1) A bond equivalent to 100 percent of the total cost of the improvements to guarantee payment for all labor and materials. (2) A further bonds) equivalent to 100 percent of the total cost of the improvements plus the cost of setting final monuments to guarantee faithful performance of the agreement, and to guarantee completion of the work or improvements including the setting of final monuments. Sec. 13-231. FEES The following fees shall be paid: (a) Checking fee. The fee is payable at the time the final map is submitted to the City Engineer for checking. (b) Engineering and Inspection fee. This fee shall be paid at the time the plans, profiles and specifications of proposed street improvements are submitted to the City Engineer for approval. (c) Payment of street lighting costs. All persons shall pay, at the time of filing a final map, an amount of the estimated cost of the installation of light poles and electrical energy in the tract or tracts, for the period from the date of installation of the poles to the next November 1st. The street lighting superintendent shall determine the estimated cost of the light poles and the electric energy charge for the period, based upon the amounts charged by the Edison Company to the city under the current contract. The electrical fee shall be paid to the City Engineer at the time the other fees and bonds required by this Zoning Code are to be paid and furnished to the City Engineer. (d) Water fee. Where applicable, the fee is payable prior to approval by City Council. (e) Sanitary fee. Where applicable, sanitary and sanitation district fees are payable prior to approval by City Council. Sec. 13-232. SOIL TESTS The City Engineer shall certify to the City Council that soil tests, excavations and borings, either have been made or have been waived by the City Engineer, and shall report the results of the tests or the reason for any waiver to the City Council. In the event that the tests show expansive soils or other problems which, if not corrected, would lead to structural defects, the City Engineer shall require a soil test on each lot of the subdivision. Sec. 13-233. CORRECTIVE ACTION ON POOR SOIL In the event soil tests are needed on individual lots of the subdivision as provided in Section 13- 232 SOIL TESTS, the registered engineer making those tests and reports shall make recommendation for action to be taken to avoid structural defects. The subdivider must obtain the approval of the City Engineer for the action(s) to be taken, and the action must be made a condition of any building permit issued for construction on the affected lots. Sec. 13-234. CHECK AND TRANSMITTAL OF FINAL MAP (a) Engineer's check. After issuance of a receipt for the final map, the City Engineer shall examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and such other matters as require checking to insure compliance with the provisions of the Subdivision Map Act and this article. 162 lbl Transmittal to City Council. If the final map is found to be correct in form and the matters shown on the map are sufficient, the City Engineer shall endorse his approval on the map and transmit it to the City Council together with plans and specifications of proposed improvements and such other matters as are required to enable the City Council to consider the final map. If the final map is not found to be correct in form, the City Engineer shall return the final map to the subdivider together with a statement setting forth the grounds for its return; the City Engineer shall, however, not forward the map to the City Council until the requirements of Sections 13-229 PREPARATION, FORM AND CONTENTS, to and including Section 13-231 FEES, have been met by the subdivider Sec. 13-235. VIOLATIONS Any physical condition created in violation of this article, and any lot, street, alley or other feature made the subject of this article and which is maintained contrary to its provisions shall constitute a public nuisance. Sec. 13-236. FILING PREREQUISITE TO SALE, LEASE, FINANCING, ISSUANCE OF BUILDING PERMITS, OR COMMENCEMENT OF CONSTRUCTION No lot may be sold, leased or financed nor shall permits be issued or construction commenced prior to the filing of the final map with the County Recorder fill*] ARTICLE 4. PARCEL MAPS Sec. 13-237 PURPOSE The purpose of this article is to establish when parcel maps are required, the contents of the map, and the processing procedures for both tentative and final parcel maps. Sec. 13-238. GENERAL A tentative parcel map shall be required in all of the following cases: (a) Where any parcel of land is to be divided into 4 or fewer lots. (b) As required by State Government Code Section 66426. (c) Nothing in this chapter shall prevent the filing of a final or parcel map of a subdivision for which a final or parcel map is not required, provided such map meets the requirements of the Subdivision Map Act, ARTICLE 6 LOT LINE ADJUSTMENTS of this chapter, and any local ordinances. Sec. 13-239. CONTENTS OF TENTATIVE MAP Each tentative parcel map within this article shall contain the information contained in the Subdivision Map Act, and any information required by the City Engineer Sec. 13-240. ACTION BY PLANNING COMMISSION The procedures for consideration and action on a tentative parcel map application by the Planning Commission shall be the same as for a tentative map application, Section 13-215 REVIEW PERIOD, ACTION BY PLANNING COMMISSION, with the exception that the final parcel map is subject to review only by the City Engineer, as set forth in Section 13-243 FINAL PARCEL MAP Sec. 13-241 STREET IMPROVEMENTS The Planning Commission shall have the authority to require improvements of public or private streets, highways or easements as may be necessary for local traffic, drainage and sanitary needs in the types of lot subdivisions set out in Section 13-238 GENERAL. Sec. 13-242. DURATION OF APPROVAL The approval of a tentative parcel map as set forth in this article shall be for the period of 24 months; the applicant may, however, apply for approval for an extension of time to the Planning Commission for a period or periods not exceeding a total of 3 years. Sec. 13-243. FINAL PARCEL MAP The final map shall be transmitted to the City Engineer to ensure compliance with the provisions of the subdivision map act and of this article. If the final map is found to be correct in form and the matters shown thereon are sufficient, the City Engineer shall return the final map to the subdivider together with a statement setting forth the grounds for its return. Sec. 13-244. RECORDING FINAL PARCEL MAP At any time within the 24 -month approval period for the tentative parcel map, or within the period of any extension granted by the Planning Commission, a parcel map may be filed for recordation with the County Recorder, showing each new lot created by the subdivision. 164 Sec. 13-245. FILING PREREQUISITE TO SALE, LEASE, FINANCING, ISSUANCE OF BUILDING PERMITS, OR COMMENCEMENT OF CONSTRUCTION No lot may be sold, leased or financed nor shall permits be issued or construction commenced, prior to the filing of the parcel map with the County Recorder Sec. 13-246. LEGAL DESCRIPTION OF LOTS Each lot of the subdivided property may be sold, leased, financed or otherwise dealt with by designation of lot number and County Recorder's book, page and document number references as an official legal description. Sec. 13-247 DEDICATIONS Dedications required for street openings, widening or easements shall be provided for by a statement on the parcel map unless the City Engineer determines that legal instruments separate from the parcel map are required. If the dedications are to be provided by legal instruments separate from the parcel map, the dedications shall be completed prior to the filing of the parcel map with the County Recorder Sec. 13-248. VIOLATIONS Any physical condition created in violation of this article, and any lot, street, alley or other feature made the subject of this article and which is maintained contrary to the provisions hereof shall constitute a public nuisance. Sec. 13-249. WAIVER PROVISIONS Pursuant to State Government Code Section 66428(b), the City hereby establishes a procedure for waiving the requirements of a parcel map. The requirement for the filing of a parcel map may be waived when a lot line adjustment is filed. 165 ARTICLE 5. PARK AND RECREATION DEDICATIONS Sec. 13-250. PURPOSE The purpose of this article is to establish the procedures for requiring park and recreational facilities in conjunction with residential subdivisions. Sec. 13-251 REQUIREMENT Every residential subdivider who creates a subdivision shall be required to dedicate a portion of the land, pay a fee in lieu thereof, or do a combination of both, as established in this article for the purpose of providing park and recreational facilities to serve future residents of the subdivision. Sec. 13-252. APPLICATION The provisions of this article shall apply to all residential subdivisions, as defined in State Government Code Section 66410 at seq. (a) Subdivisions containing fewer than 5 lots and not used for residential purposes shall be exempted from the requirements of this article. However, a condition may be placed on the approval of the tentative or parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the lots within 4 years, the fee may be required to be paid by the owner of each such lot as a condition of issuing the permit. (b) This section does not apply to commercial or industrial subdivisions, or to residential common interest development projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than 5 years old when no new dwelling units are added. Sec. 13-253. RELATION OF LAND REQUIRED TO POPULATION DENSITY Consistent with the General Plan, it is hereby found and determined that the public interest, convenience, health, welfare and safety require that 5.76 acres of property for each 1,000 persons residing within the City be devoted to public park and recreational purposes. The requirement will be satisfied in part by arrangements between the City and the local school district to make available for park and recreation purposes, 1.5 acres of school sites adjacent to the proposed park for each 1000 persons residing within the City The remaining 4.26 acres of the required 5.76 acres shall be supplied as required by this article. Sec. 13-254. POPULATION DENSITY For the purposes of this article, population density shall be established by resolution of the City Council, utilizing the following classifications: (a) Single-family residential. Detached single-family homes where there is no more than one dwelling unit on a lot. (b) Multiple -family residential. Apartments, common interest developments, townhouses and similar multiple -family residential developments, including detached single-family homes where there is more than one dwelling unit on a lot. (c) Determination of the number of dwelling units. The total number of dwelling units shall be determined by the number of units proposed for construction. When the actual number of units is unknown, the number of the units shall be based on the maximum number of units which are permitted by the General Plan for the property at the time the tentative or parcel map is filed with the City. Sec. 13-255. AMOUNT OF LAND TO RE DEDICATED 166 The amount of land required to be dedicated by a subdivider pursuant to this section shall be based on the following formula: A = 4.26(D.F X D.U.)/1,000 Definition of terms: A - The area in acres required to be dedicated as park sites or to be appraised for fee payment in lieu of dedication. 4.26- Number of acres per 1000 persons. D.F - Density factor obtained from Section 13-254 POPULATION DENSITY as applicable to the proposed development. D.U.- Number of dwelling units. Sec. 13-256. AMOUNT OF FEE IN LIEU OF LAND DEDICATION (a) Where there is no public park or recreation facility required within the proposed subdivision, or where the subdivision contains 50 lots or fewer, the subdivider shall pay a fee in lieu of land dedication reflecting the value of land required for park and recreation purposes in accordance with the schedule of fees as adopted by resolution of the City Council. This fee shall reflect the average fair market value of neighborhood and community park land within the City The fair market value shall be determined by an appraisal of at least one neighborhood park site and one community park site. The appraisal shall be conducted by an M.A.I. appraiser and shall consider the factors set forth in subsection (e), where applicable to the appraisal of public park land. (b) Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 lots or fewer, where the subdivider proposes the dedication voluntarily and the land is accepted by the City Council. (c) When a common interest development project, stock cooperative, or community apartment project exceeds 50 dwelling units, the City may elect to require dedication of land notwithstanding that the number of lots may be 50 lots or fewer (d) For subdivisions in excess of 50 lots, the City Council may elect to receive a fee in lieu of land dedication. The amount of such a fee shall be based upon the fair market value of land which would otherwise be required for dedication. The fair market value shall be determined by an M.A.I. appraiser acceptable to the City and at the expense of the developer as set forth in subsection (e). If more than one year elapses between the appraisal and recording of the final map, the City shall have prepared a new appraisal and shall invoice the subdivider for the cost of the appraisal. (e) For purposes of this section, the determination of the fair market value of neighborhood and community park land or unimproved residential land which would otherwise be required for dedication shall be determined by an M.A.I. appraiser acceptable to the City and shall consider, but not necessarily be limited to, the following: (1) The value of the unimproved residential land by residential density shown on the tentative subdivision map at the time the final map is to be recorded; (2) Approval of and conditions of the tentative subdivision map; (3) The General Plan land use designation of the property; (4) The zoning classification of the property; 167 (5) Property location; (6) Off-site improvements facilitating use of the property; and (7) Site characteristics. (f) If the subdivider objects to the amount of the fee pursuant to this section, an appeal may be made to the City Council by filing an application of appeal with the City Clerk and payment of an appeal processing fee as determined by the City Council. A notice of appeal shall be filed with the City Clerk within 7 days of payment of the in -lieu fee. The subdivider shall have the burden of proof in contesting the amount of the fee. Within 30 days of receipt of the notice of appeal, a public hearing on the appeal shall be held by the City Council, and the decision shall be final and conclusive in determining the amount of the fee. (g) The fee shall be paid to the Development Services Department and shall be deposited and held in appropriate trust accounts and may be expended therefrom only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities to serve the subdivision on which the fee is charged. Upon receipt of the fee, the Development Services Department shall issue a receipt, and the receipt shall be presented as proof of payment of the fee prior to the issuance of any permit for buildings and structures pursuant to this Zoning Code. (h) In order that the fees levied pursuant to subsection (a) keep pace with the cost of land, the fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis. The fee schedule shall be adjusted using the methodology described in subsection (a) for establishing the fee schedule. (i) Upon application to the Development Services Department, the payment of the fee in lieu of land dedication pursuant to this section may be deferred where the department makes the following findings: (1) The subdivider has entered into a fee agreement with written evidence of adequate security to assure payment of the fee at a date prior to the issuance of a certificate of occupancy, and in a form approved by the City Attorney; and (2) The deferral of the fee shall not adversely impact the development of new or the rehabilitation of existing neighborhood or community park or recreational facilities to serve the subdivision. Sec. 13-257 COMBINATION OF LAND AND FEE In determining whether a subdivider shall dedicate land, pay a fee in lieu of land dedication, or a combination of both, the following procedure shall be used: (a) Subdividers required to or desiring to dedicate property for park and recreational purposes shall, upon filing a tentative map for approval, check with the City to determine whether their property has been designated for a park site in the General Plan. If a subdivider's property is so designated, the subdivider shall coordinate with the necessary departments to incorporate the park sites(s) into the property's development plan. (b) If the subdivider's property is not so designated, and a school site is proposed within or in proximity to the property, a park site adjacent to the school site shall be developed and the subdivider shall coordinate with the necessary departments to incorporate the park site(s) into the property's development plan. 168 Sec. 13-258. ACTION OF CITY (a) At the time of tentative or parcel map approval, the Planning Commission shall determine whether to require dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. (b) Determination: Whether the City accepts land dedication, requires payment of fees in lieu thereof, or a combination of both, shall be determined by consideration of the following factors: (1) The Open Space Sub -Element of the General Plan. (2) Provisions of Sections 13-256 AMOUNT OF FEE IN LIEU OF LAND DEDICATION, and 13-257 COMBINATION OF LAND AND FEE, of this article. 13) Topography, geology, access and location of land in the subdivision available for dedication. (4) Size and shape of the subdivision and the land available for dedication. (c) The determination of the City that land shall be dedicated or a fee paid in lieu thereof, or a combination of both, shall be final and conclusive. Sec. 13-259. PROCEDURES, CREDITS (a) Procedures. When land dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and applicable local ordinances. When fees are required, the same shall be deposited with the Development Services Department prior to recordation of the map or issuance of building permits. (b) Credits. Credits against the amount of land to be dedicated or the amount of fees to be paid in lieu of dedication shall be granted as follows: (1) Existing dwelling units: Credit shall be granted for dwelling units demolished as a part of the development of the subdivision. This credit shall be limited to the number of units existing at the time of the approval of the project and shall not be transferred to other subdivisions. (2) Privately developed, owned and maintained open space: Where private facilities for park and recreational purposes are provided in a proposed subdivision and the facilities are to be privately owned and maintained by the future residents of the subdivision, the areas occupied by the facilities shall be credited against the requirement of dedication of land for park and recreation purposes or the payment of fees in lieu thereof, to the extent that the Planning Commission finds it is in the public interest to do so and that the following standards are met: a. That each facility is available for use by all the residents of the subdivision; b. That the area and the facilities satisfy the recreation and park needs of the subdivision so as to reduce the need for public recreation and park facilities to serve the subdivision residents; C. That the area provided is in excess of the minimum amount of open space required for the subdivision; d. That the area provided in excess of required open space is not used as a credit or bonus incentive as provided in other sections of this Zoning Code; and 169 e. That the area provided is of sufficient size, location and design to facilitate functional use of the area to meet the park and recreation demands of the future subdivision residents. (3) Credits shall be granted, dollar for dollar, for the value of park and recreational area and other improvements as approved by the Planning Commission. The value of the facilities shall be established by written documentation of the actual acquisition cost of the facilities paid by the subdivider (c) Previous fees. Credit shall be granted, dollar for dollar, for any park and recreation fees paid for the property pursuant to this Zoning Code within the preceding 5 years. (d) Improvements to dedicated land. Credit shall be granted, dollar for dollar, if the subdivider provides park and recreation facilities and/or improvements to land dedicated for park and recreation purposes. The value of the facilities and/or improvements shall be established by written documentation of the actual acquisition cost of the facilities or construction costs of the improvements paid by the subdivider lel Limitation on credits. The maximum amount of credits provided by this section shall not exceed 100% of the calculated fee in lieu of land dedication. (f) Transfer of credits. Credits provided by this section shall not be transferred or assignable to apply to property outside of the subdivision awarded the credit. Ig) The granting of credits. Pursuant to Section 13-259(b) PROCEDURES AND CREDITS, credits shall be granted subject to the following conditions: (1) The private ownership and maintenance of the facilities shall be adequately provided for by written agreement in a form acceptable to the City Attorney; (2) The use of the private facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the City Council; (3) The proposed private facilities are reasonable and adaptable for use for park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and (4) The facilities proposed are in substantial accordance with the General Plan. III) Additional credits. In lieu of the dedication of land for park and recreation purposes or the payment of a fee, the Development Services Director, with the approval of the Planning Commission may permit the following: (1) Dedication of land for park or recreation purposes outside of the subdivision; (2) Improvements to be made to an existing City park or upon land being dedicated as a public park; (3) Recreational facility to be installed upon land being dedicated as a City park; or (4) Any combination of 1, 2, or 3, above, provided that the land to be dedicated, the improvements to be made or the facilities to be installed or constructed are so located as to bear a reasonable relationship to the use thereof by future inhabitants of the subdivision. 170 The dedication of land or providing of improvements or facilities may only be used as a credit against the otherwise required dedication or fee to the extent of the value of the land, improvements or facilities as determined by the Planning Commission to be equal to or greater than the value of the land which would have been dedicated or the fee which would be paid pursuant to Section 13-256 AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Sec. 13-260. STATEMENT OF CITY RESPONSIBILITY The City shall comply with all requirements of State Government Code Section 66477 with regard to acceptance and use of land dedicated or fees paid for park and recreational purposes. Sec. 13-261 PARK AND RECREATION FEE IN LIEU OF LAND DEDICATION NOTICE Where the residential subdivision contains 50 lots or fewer, the Development Services Department shall affix to any permit for buildings or structures and any vesting tentative map issued pursuant to this Zoning Code located within the subdivision a notice to read as follows: PARK AND RECREATION FEE IN LIEU OF LAND DEDICATION NOTICE: The City of Costa Mesa is giving consideration to enactment of a resolution or ordinance, or a combination thereof, for the increase in the park and recreation fees in lieu of land dedication pursuant to Section 13-256(a) AMOUNT OF FEE IN LIEU OF LAND DEDICATION, and State Government Code Section 66477 The owner of the project designated in this permit or vesting tentative map shall be obligated to pay to the Development Services Department a park and recreation fee in lieu of land dedication if such a fee is adopted in the future by the City of Costa Mesa. The fee will only be used for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. 171 ARTICLE 6. LOT LINE ADJUSTMENTS Sec. 13-262. PURPOSE The purpose of this article is to establish the procedures for lot line adjustments Sec. 13-263. PROCEDURES The Zoning Administrator may approve a lot line adjustment according to the procedures set forth in CHAPTER III PLANNING APPLICATIONS, provided that the lot line adjustment complies with State Government Code Section 66412(d), the General Plan, this Zoning Code, and all applicable ordinances and regulations. Sec. 13-264. RECORDATION On the forms provided by the Planning Division, the applicant shall file the lot line adjustment for recordation with the County Recorder Proof of recordation shall be provided to the Planning Division prior to the issuance of building permits. Sec. 13-265. DEED REQUIREMENT The lot line adjustment shall be reflected in a deed which shall be recorded with the County Recorder's office. 172 CHAPTER XII. SPECIAL FEE ASSESSMENTS ARTICLE 1 MAJOR THOROUGHFARE AND BRIDGE FEE Sec. 13-266. PURPOSE It is the purpose of this article to set forth the parameters for assessing the major thoroughfare and bridge fee. Sec. 13-267 DEFINITIONS The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning: Construction. Preliminary studies, design, acquisition of right-of-way, administration of construction contracts and actual construction. Maier thoroughfare. Those roads designated as transportation corridors and major, primary, secondary or collector highways on the Master Plan of Highways, the Transportation Subelement of the General Plan for the City or for the County The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highways system. Bridge facility. Those locations identified in the transportation or flood control provisions of the Transportation sub -element or other element of the General Plan or the County of Orange General Plan as requiring a bridge to span a waterway, railway, freeway or canyon. Area of benefit. A specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge facility project. Sec. 13-268. FEE REQUIRED (a) Applicability. A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares. 11) The provisions for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the City's or County's General Plan adopted at least 30 days prior to the application for a building permit and is on land located within the boundaries of the area of benefit. 12) Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. (3) Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of the benefit. Ib) Area of benefit established. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Public Services Director. The City Council shall set a public hearing for each proposed area benefited. Notice of the time and place of the hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner: (1) Notices shall be given at least 10 calendar days before the hearing by the following: Notice published at least once in a newspaper of general circulation within the proposed area of benefit. 173 b. Notices posted throughout the proposed area of benefit with at least 3 notices posted at arterial highway intersections within the proposed area of benefit. C. Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit. d. Notices sent by first-class mail addressed to all municipal advisory committees and known homeowners' associations within the boundary of the proposed area of benefit. a. Notice by first-class mail to any person who has filed a written request with the Public Services Director The request shall apply for the calendar year in which it is filed. (2) At the public hearing, the City Council will consider the testimony, written protests and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn as specified in subsection (2)b below, determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth and cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the City Clerk with the County Recorder. a. The apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for the property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources. b. Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of the written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making, the same in writing, at any time prior to the close of the public meeting. C. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. The proceedings shall be commenced by a new notice and public hearing as set forth in this subsection. 174 d. Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protected against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof. lc) Planned bridge facility or major thoroughfare fund. (1) Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement. a. The City Council may approve the acceptance of consideration in lieu of the payment of fees established herein. (2) The City Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for the advances from planned bridge facility or major thoroughfare funds established pursuant to this section. (3) If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the applicant. The agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund. 175 ARTICLE 2. FIRE PROTECTION SYSTEM Sec. 13-269. PURPOSE It is the purpose of this article to set forth the parameters for assessing the fire protection system development impact fee. Sec. 13-270. ESTABLISHMENT OF DEVELOPMENT IMPACT FEE By City Council resolution, a development impact fee shall be established based on the Costa Mesa Fire Protection System Fee Study The resolution shall set forth the specific amount of the fee and set forth time for payment. (a) Limited use of fees. The revenues raised by payment of this impact fee shall be placed in a separate and special account and revenues, along with any interest earnings on that account, and used solely to pay for the City's future construction of facilities and equipment purchases or to reimburse the City for those identified facilities and equipment funded by the City with monies advanced by the City from other sources. (b) Fee refunds. A refund may be made when a building permit expires and no extensions have been granted for a development for which the funds have been collected. (c) Fee adjustments. (1) A developer of any project subject to the development fee impact program may apply to the City Council for an adjustment of the fee. The developer shall have the burden of proving that either the amount of fee charged or the facility and/or equipment financed is disproportionate or not reasonably related to the impact of the project on the fire protection system. The application shall be made in writing and filed with the City Clerk no later than: 10 days prior to the public hearing on the development permit application for the project; or b. If no development permit is required, at the time of the filing of the request for a building permit. (2) The application shall state in detail the factual basis for the claim of adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, The decision of the City Council shall be final. If an adjustment is granted, any change in use or increase in building intensity within the project shall require reconsideration of the fee adjustment. 176 ARTICLE 3. TRANSPORTATION SYSTEM MANAGEMENT Sec. 13-271 PURPOSE The purpose of this article is to set forth the provisions for assuring an adequate transportation system in conjunction with new development. Sec. 13-272. DEFINITIONS For the purpose of this article, the following definitions shall apply: Development project. This article applies to the following development project approvals: general plan amendments, specific plans, master plans, rezones, development reviews, variances, use permits, administrative adjustments, minor modifications and development agreements, unless otherwise exempted by Section 13-276 EXEMPTIONS. Intersection. The general area where 2 or more roadways join or cross. Measurable traffic. A volume of traffic which will result in a 0.01 or greater increase in the peak period volume to capacity ratio at any given signalized intersection. Potentially deficient intersection. An intersection identified in the General Plan for which the standard level of service may not be feasible upon General Plan buildout. The intersection volume to capacity ratios identified in the General Plan shall not be exceeded for these intersections. Pro rata. A proportionate share based on a development project's impacts. Standard Level of Service. The Standard Level of Service shall be Level of Service "D" or better (0.90 or less volume to capacity ratio) for all signalized arterial intersections within the City during peak hours Monday through Friday with the exception of those intersections identified as potentially deficient in the General Plan. Levels of Service shall be defined and computed using the Intersection Capacity Utilization (ICU) methodology Transportation Demand Management Proaram A series of required and/or voluntary actions which reduce the vehicle trip generation rate of a specific use or uses of land. Sec. 13-273. COMPREHENSIVE TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM (a) Purpose. The Comprehensive Transportation System Improvement Program shall be adopted by resolution of the City Council which addresses the cumulative impacts of development in a defined impact area. This program shall mandate circulation improvements, including freeway improvements, to ensure that the Master Plan of Highways is constructed and that the Standard Level of Service is achieved and will be maintained at all intersections in the defined impact area in accordance with the General Plan. For those intersections identified as potentially deficient, the program shall identify the maximum improvements feasible in accordance with the General Plan. The program shall address the funding, construction and maintenance of transportation facilities to implement the Master Plan of Highways. The program shall be updated on an annual basis. (III Relationship to development fee program. The Comprehensive Transportation System Improvement Program shall be utilized to determine the pro rata share of the cost of necessary improvements attributable to development projects as described in Section 13-274 DEVELOPMENT FEE PROGRAM. (c) Development Phasing and Performance Monitoring Report. Each year the City shall prepare a Development Phasing and Performance Monitoring Report which shall be used to update the Comprehensive Transportation System Improvement Program. 177 (dl Interim Approval Procedure. Until such time as this program is adopted, development projects not exempted pursuant to Section 13-276 EXEMPTIONS may be approved if the City adopts findings that the development projects are consistent with the provisions of this article. Sec. 13-274. DEVELOPMENT FEE PROGRAM (a) Establishment of Development Impact Fee Program. A development impact fee program shall be established by resolution of the City Council based on the Comprehensive Transportation System Improvement Program. The program shall set forth the basis for the fee as required by State Government Code Section 66001 The program shall establish guidelines for payment, accounting, and refund of the fees collected as required by State Government Code Sections 66001, 66006 and 66007 (b) Updates of fee. On an annual basis, the City Council shall review this fee program, as required by State Government Code Section 66002, to determine whether the fee amounts are reasonably related to the impacts of development projects and whether the described public facilities are still needed. (c) Limited use of fees. The revenues raised by payment through this fee program shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to: (1) Pay for the City's future construction of facilities or to reimburse the City for those facilities, described or listed in the program, constructed by the City with funds advanced by the City from other sources; or (2) Reimburse developers who have been required or permitted to install such listed facilities to the extent the actual cost of the facilities installed by the developer exceeds the impact fee obligation of the development project. (d) Developer construction of public facilities. Whenever the conditions of approval of a development project require direct construction of a public transportation facility (see Section 13-275(c) DEVELOPMENT PROJECT REVIEW PROCEDURES) described or listed in the Comprehensive Transportation System Improvement Program, a credit or reimbursement, as applicable, shall be given against the development impact fee, which would have been charged to the development project under the program, for actual construction costs incurred by the developer The reimbursement and/or credit amount shall not include any improvements the City can require from the development project under the Subdivision Map Act, or the portion of the improvement deemed to be an on-site improvement that is not included in the Comprehensive Transportation System Improvement Program. (e) Fee adjustments. A developer of any development project subject to the fee program provided in this article may apply to the City Council for: (1) A waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the circulation impacts of that development project and either the amount of the fee charged or the type of facilities to be financed; or (2) A reduction of the fee based upon the implementation of a Transportation Demand Management Program, as described in Section 13-275(d)- DEVELOPMENT PROJECT REVIEW PROCEDURES. (3) The application for a fee waiver shall be made in writing and filed with the City Clerk not later than: a. 10 days prior to the public hearing on the development permit application for the project; or 178 b. If no development permit is required, at the time of the filing of the request for a building permit. (4) The application shall state in detail the factual basis for the claim of waiver The City Council shall consider the application at the public hearing on the permit application held within 60 days after the filing of the application. The decision of the City Council shall be final. If a waiver is granted, any change in use or increase in building intensity within the development project shall invalidate the waiver of the fee, and the developer shall be obligated to pay the full amount of the fee attributed to the development project, including the change in use or increase in intensity, as provided by this article. (fl Fee refunds. A refund shall be made when a building permit expires and no extensions have been granted for a development project for which the funds have been collected and the development project has not been constructed. (g) Fees for phased development projects. Where there is a requirement imposed upon a phased development project pursuant to this article for the payment of traffic impact fees into a Comprehensive Transportation System Improvement Program, such fees may be payable on a pro rata basis as each phase of the project is completed, in conjunction with the improvements accomplished. Sec. 13-275. DEVELOPMENT PROJECT REVIEW PROCEDURES (a) Traffic study required. A traffic impact study shall be required for all development projects estimated by the Public Services Director to generate 100 or more vehicle trip ends during a peak hour Traffic studies may also be required for smaller projects at the discretion of the Public Services Director The cost of the study shall be paid for by the developer The study area and number of intersections to be analyzed shall be determined by the Public Services Director and the study area shall be reasonably related to the estimated impacts attributed to the development project. The traffic study shall also identify mitigation measures that are reasonably related to the development project's traffic impacts. (b) Mitigation measures. Mitigation measures for development projects shall consist of either payment of a development impact fee and/or construction of circulation improvements. The necessary circulation improvements may be designed and constructed by the developer as determined by the City These mitigation measures shall be incorporated as conditions of the development project's approval. Table 13-275 indicates the criteria for either requiring payment of a development impact fee and/or construction of circulation improvements. (c) Approval criteria. A development project may be approved if as a condition of approval it is required to construct a circulation improvement and/or pay a development impact fee, as shown in Table 13-275, and if a finding is made that the development project's impacts will be mitigated at all affected intersections within 3 years of issuance of the first building permit for the development project, as described in subsection (b), unless additional right-of-way or coordination with other government agencies is required to complete the improvement. If right-of-way acquisition or coordination with other governmental agencies delays the improvement construction, appropriate measures shall be taken to ensure that the improvement construction occurs in a timely manner Circulation improvements may be required sooner if, because of extraordinary traffic generation characteristics of the development project or extraordinary impacts to the surrounding circulation system, the circulation improvements are necessary to prevent significant adverse impacts. For phased development projects, the construction of circulation improvements may be phased as well based upon the findings of the traffic study. 179 ldl Transportation Demand Management Program. Where a Transportation Demand Management Program is used to reduce vehicle trips related to a development project, the program shall comply with the following: (1) A conditional use permit for the development project and program must be approved by the Planning Commission consistent with the requirements of subsection (c)• An annual report shall be prepared for the City at the expense of the property owner, to show whether the vehicle trip reduction identified in the program has been achieved and maintained. (21 If the annual report demonstrates that the vehicle trip reductions identified in the program have not occurred, the conditional use permit shall be reevaluated and additional conditions imposed by the Planning Commission in order to meet the requirements of this article. (3) The traffic impact development fees required under this article shall be based on the trip generation forecast without consideration of estimated reductions associated with a Transportation Demand Management Program. An application for a fee reimbursement may be approved by the City Council pursuant to Section 13 -274(e) - DEVELOPMENT FEE PROGRAM based upon documentation of average annual trip reduction over a 3 year period as reported in the annual monitoring report referenced in Section 13-273(c) COMPREHENSIVE TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM. lel Change of use. Each development project approved under this article shall be reevaluated by the Public Services Director when any change in use occurs which may increase the project's traffic generation. The purpose of this reevaluation is to assure that traffic capacity is available in the transportation system. Any increase in traffic generation by the change of use shall be subject to review by the appropriate reviewing authority who may impose additional conditions on the development project for the mitigation of the increased traffic generation. 180 Table 13-275 DEVELOPMENT IMPACT CRITERIA PR(11ECT DInWWFMEM' DSTER.SECITON ICU MITIGATION RTIRNTOF sm CONDITION INCRItJo E' NffiASta ga MITIGATION MEA.SUlter) Protects generating less Adequate Less (ban Payment of impact fee Contribute to implementation of the than 100 peak hour trip (Standard Level of Service t % Comprehensive Transportation ends or borer) System Improvement Program OR 1% or Deficient (exceeds Standard Level greater of Service) Projects generating 100 or Adequate Less than Payment of impact fee Contribute to implementation of the more peak hour tripends (Standard Level of Ser- 1 % Comprehensive Transportation vice or better) System Improvement Program OR Deficient (exceeds Standard Level of Service) 1 % or Payment of impact fee and Contribute to implementation of the greater improvement construction Comprehensive Transportation by developer under condi- System Improvement Program and tions listed in footnote q2 mitigate development project's impacts L ICU = Intersection Capacity Utilization 2. When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in the General Plan at the subject location are required as mitigation. If all of the improvements identified in the General Plan are not required as mitigation, then only the improvements determined necessary by the Public Services Director shall be constructed by the developer Sec. 13-276. EXEMPTIONS (a) Exempt development projects. Projects which fall within any of the categories listed below shall be exempt from the provisions of this article: (1) Any residential construction that does not increase the number of permanent housing units on the lot where the construction takes place, such as remodeling or rebuilding an existing house or units. Granny units and accessory apartments are also exempt. 12) Any industrial or commercial construction that neither increases the footprint nor square footage or changes the use on the lot where the construction takes place, such as remodeling or rebuilding an existing structure, and does not increase peak hour trip generation. (3) Public benefit facilities limited to public libraries, public administration facilities, public parks, public utilities, schools and related facilities. (4) Facilities serving the health and safety of the public, limited to hospitals, police, fire and safety facilities. 181 CHAPTER XIII. NOISE CONTROL Sec. 13-277 PURPOSE It is the City's purpose to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health, comfort, safety, peace and enjoyment and welfare of the citizenry, and in the public interest shall be regulated and systematically proscribed. Sec. 13-278. DEFINITIONS The following words, phrases and terms as used in this chapter shall have the meaning indicated below, Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted. Decibel WE). A unit which denotes the ratio between 2 quantities which are proportional to power - The number of decibels corresponding to the ratio of 2 amounts of power is 10 times the logarithm to the base 10 of this ratio. Emergency machinery, vehicle or work. Any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. Fixed noise source. A stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. Grading. Any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements. Impact noise. The noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. Mobile noise source. Any noise source other than a fixed noise source. Noise level. The "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter The unit of measurement shall be designated as dB1Al. Person. A person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. Residential property. A lot of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. Simple tone noise. A noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. Sound pressure level of a sound. in decibels. 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. 182 Sec. 13-279. EXCEPTIONS The provisions of this chapter shall not apply to the following: (a) Emergency machinery, vehicles, or work; or (b) Construction equipment, vehicles, or work between the hours of 7:00 a.m. and 8:00 p.m., provided that all required permits for such construction, repair, or remodeling have been obtained from the appropriate City departments. Sec. 13-280. EXTERIOR NOISE STANDARDS (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within the City, RESIDENTIAL EXTERIOR NOISE STANDARDS Noise Leve/ Time Period 55 dB(A) 7:00 a.m: 11:00 p.m. 50 dB(A) 11:00 p.m.- 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A). (b) It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, either within or outside the City, to exceed: (1) The noise standard for a cumulative period of more than 30 minutes in any hour; (2) The noise standard plus 5 dB(A) for a cumulative period of more than 15 minutes in any hour; (3) The noise standard plus 10 dB(A) for a cumulative period of more than 5 minutes in any hour; (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (c) In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. 183 Sec. 13-281 INTERIOR NOISE STANDARDS is) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within the City, RESIDENTIAL INTERIOR NOISE STANDARDS Noise Level Time Period 55 dB(A) 7:00 a.m.- 11:00 p.m. 45 dB(A) 11:00 p.m.- 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A). (b) It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level when measured within any other dwelling unit on any residential property, either within or outside the City, to exceed: (1) The interior noise standard for a cumulative period of more than 5 minutes in any hour; (2) The interior noise standard plus 5 dB(A) for a cumulative period of more than one minute in any hour; or (3) The interior noise standard plus 10 dBIA) for any period of time. (c) In the event the ambient noise level exceeds either of the first 2 noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Sec. 13-282. NOISE NEAR SCHOOLS, HOSPITALS, CHURCHES It shall be unlawful for any person to create, maintain or cause to be created or maintained any noise or sound which: (a) Exceeds the noise standards specified in Section 13-280 EXTERIOR NOISE STANDARDS, near any school, hospital or church while it is in use, regardless of the zone within which it is located; or (b) The noise level unreasonably interferes with the working of such installations or which disturbs or unduly annoys patients in a hospital, provided conspicuous signs are displayed in 3 separate locations within one-tenth of a mile indicating the presence of a school, church or hospital. Sec. 13-283. LOUD, UNNECESSARY NOISE It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, regardless of whether the noise level exceeds the standards specified in Section 13-280 EXTERIOR NOISE STANDARDS and Section 13-281 INTERIOR NOISE STANDARDS. The standard 184 (a) The level of noise; (b) Whether the nature of the noise is usual or unusual; (c) Whether the origin of the noise is natural or unnatural; (d) The level and intensity of the background noise, if any; (e) The proximity of the noise to residential sleeping facilities; (f) The nature and zoning of the area within which the noise emanates; (g) The density of the inhabitation of the area within which the noise emanates; (h) The time of the day and night the noise occurs; (1) The duration of the noise; (j) Whether the noise is recurrent, intermittent or constant; (k) Whether the noise is produced by a commercial or noncommercial activity; and (1) The density of the inhabitation of the area affected. Sec. 13-284. NOISE LEVEL MEASUREMENT (a) Any noise level measurement shall be performed using a sound level meter meeting American National Standard Institute's Standard S1 4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (b) Exterior measurements: The location selected for measuring exterior noise levels shall be at any point on the affected property (c) Interior measurements: Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least 4 feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. Sec. 13-285. VARIANCE PROCEDURE (a) The owner or operator of a noise source which violates any provision of this chapter may file an application with the Development Services Director for a variance from the provisions of this chapter. Variance applications shall be processed according to procedures set forth in CHAPTER III PLANNING APPLICATIONS. The application shall set forth all actions taken to comply with this chapter, the reasons immediate compliance cannot be achieved, a proposed method and time schedule for achieving compliance, and any other information requested by the Director (b) An applicant shall remain subject to prosecution under the terms of this chapter until a variance is granted. (c) All applications shall be evaluated with respect to time for compliance, subject to any conditions deemed reasonable to achieve maximum compliance with this chapter. Each variance granted shall set forth the approved method and time schedule for achieving compliance. Evaluation of the variance request shall include consideration of the magnitude of the noise nuisance; the uses of property affected by the noise; the time factors related to 185 study, design, financing, and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Sec. 13-286. VIOLATIONS (a) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $1,000.00 and/or be imprisoned in the County jail for a period not exceeding 6 months. Each violation may instead be charged as an infraction. Ib) Each time an offensive noise exceeds any one of the standards set forth in this chapter shall constitute a separate offense and be punishable as such. Sec. 13-287 NUISANCE DECLARED It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, and therefore the City Council does ordain and declare that the creating or maintaining or causing or allowing to be created or maintained any noise in a manner prohibited by or not in conformity with the terms of this chapter is a public nuisance and shall be punishable as such and may be subject to abatement pursuant to CHAPTER I GENERAL, ARTICLE 4 ENFORCEMENT 186 CHAPTER XIV OIL DRILLING Sec. 13-288. PURPOSE OF ORDINANCE [CHAPTER] The purpose of this ordinance [chapter] is to prohibit the drilling on the surface or subsurface of oil and gas wells, the production of oil and gas, and the storing and transportation thereof in the City of Costa Mesa, except as specifically provided for herein. The City Council hereby declares that it is also the object and purpose of this ordinance Ichapter] to establish reasonable and uniform regulations, safeguards and controls for the drilling for and production of oil, gas and other hydrocarbon substances within and under the City of Costa Mesa. Such regulations, safeguards and controls are found to be necessary in order to protect the citizens, their property rights and the general public. Such orderly development is necessary to protect the surface uses and the value and character of residential, commercial and other real property within the City as such uses are set forth in the master plan of the City, and its zoning ordinances and regulations. The City Council recognizes that many of its citizens and property owners have made substantial investments in real property and do not own the mineral rights lying in or under such property, and will not profit directly from oil or gas development. Therefore, in order to protect such citizens and their property rights, to protect the owners of mineral rights and to provide said orderly exploration, development and production of oil and gas, it is necessary to regulate the drilling for and as set forth in this ordinance [chapter]. The City Council hereby finds that the uncontrolled drilling on the surface or subsurface for oil and gas, and the production thereof, in the City of Costa Mesa, would be detrimental to the general welfare of its citizens, and detrimental to the general public peace, health, safety, comfort, convenience and prosperity The City Council finds and determines that sub -surface area within the City of Costa Mesa may be explored for oil and gas, and if said substances are found, the same may be produced by directional or slant drilling methods from surface locations outside the City of Costa Mesa. Sec. 13-289. WHERE PERMITTED No person, firm or corporation shall erect or construct oil drilling derricks or oil drilling equipment within the City of Costa Mesa, or shall drill from the surface or by subterranean drilling for oil, petroleum, tar, gas or other hydrocarbon substances within said City, except that it shall be lawful under the provisions hereof, to drill for oil, petroleum, tar, gas or other hydrocarbon substances by slant drilling or subterranean drilling in and under the area hereinafter described, provided that the drilling sites shall be located outside the City limits of the City, and that such drilling shall be a vertical depth of at least four hundred (400) feet below the ground surface within the area mentioned and hereinafter described. That the area in the City in which slant drilling or subterranean drilling shall be permitted under the terms hereof, is described as being: All that area lying within the zone designated M1 [MG] by the zoning ordinances of the City of Costa Mesa, as said M1 IMGI zone now, or may hereafter, exists. Sec. 13-290. DRILLING FROM OUTSIDE CITY LIMITS The City Council finds that drilling and production from surface drilling sites adjacent to, but outside the City of Costa Mesa, may adversely affect the residential and commercial areas and values, and the peace, health, safety, comfort and general welfare of the citizens of the City Therefore, the drilling and production of an oil and gas well, subsurface, into real property within the City of Costa Mesa from a drilling site outside the City limits of the City of Costa Mesa is hereby prohibited, and the same shall constitute, and the same is hereby declared to be a public nuisance, except and unless such drilling and production is from controlled drilling sites outside the City, as may be approved by the City Council. In no event shall slant or subterranean drilling into the subsurface area of the City of Costa Mesa be permitted where the drilling site for such well or wells is outside the 187 City of Costa Mesa but within three hundred (300) feet from an exterior boundary of the City of Costa Mesa. Sec. 13-291 PERMIT REQUIRED FOR MAINTENANCE OF EXISTING WELLS AND PRODUCTION EQUIPMENT It shall be unlawful and a nuisance hereafter for any persons to maintain and operate any existing oil and gas well and production equipment within the City of Costa Mesa without first having applied for and obtained from the City Council a permit. Sec. 13-292. PERMIT AND INSPECTION FEES The first application for a permit to cover drilling operations for a single oil and gas well hole on any drilling site outside the City of Costa Mesa for slant or subterranean drilling within the City of Costa Mesa shall require the payment of a permit fee in the sum of twenty-five hundred dollars ($2500.00). The fee for any second or subsequent such oil and gas well shall be five hundred dollars ($500.00). The permit fee to cover the maintenance and production of any existing oil and gas well, producing oil and gas at the time this ordinance [chapter] becomes effective [April 29, 1960], shall be fifty dollars ($50.00) annually for any such oil and gas well. Sec. 13-293. ADOPTION OF STANDARD CONDITIONS Immediately after the passage of this ordinance [chapter] by vote of the people [April 12, 1960], the City Council shall adopt standard conditions for drilling operations, and said standard conditions shall apply to every permit granted pursuant to this ordinance [chapter]. Sec. 13-294. EXISTING WOODEN DERRICKS It shall be unlawful and a nuisance for any person who is the owner or is in control or possession, or who has the right to the control, possession or use of any existing wooden oil derrick, to operate, control or maintain or cause to be controlled, operated or maintained at any time after one year from the effective date of this ordinance [chapter] [April 29, 19601, a wooden derrick over or used in connection with an oil and gas well in the City of Costa Mesa. The City Council finds and determines that existing wooden oil derricks in the City of Costa Mesa were erected many years ago; that because of their age and the effect of the elements upon such derricks, they have become structurally unsound and that such derricks being commonly saturated with oil and gas are fire hazards and should not be permitted in the City of Costa Mesa. All wooden derricks over or used in connection with oil and gas wells shall be removed and all debris therefrom cleaned up and removed from the oil well site one year after the effective date of this ordinance [chapter] [April 29, 19601. Sec. 13-295. USE OF EARTHEN SUMPS PROHIBITED It shall be unlawful and a nuisance, after six 161 months from the effective date of this ordinance [chapter] [April 29, 19601, to use any open sump or reservoir within the City of Costa Mesa for the purpose of storing, holding or handling oil or liquid hydrocarbons, rotary mud, drill cuttings and oil field wastes, derived or resulting from or connected with the drilling, production, use, operating or maintenance of any oil and gas well. All of said substances and similar products shall be collected, and stored in steel tanks or other closed receptors as may be required in any City Council permit. Sec. 13-296. ABANDONMENT OF WELLS Any well which has not been produced, or has not been used for subsurface injection into the earth of oil, gas, oil field waste, water or liquid substances for a period of one year preceding the effective date of this ordinance [chapter] [April 29, 19601 shall be permanently and finally abandoned in strict compliance with the rules and regulations of the Division of Oil and Gas of the State of California, or any regulatory authority having jurisdiction thereof. 188 Sec. 13-297 REFINERIES, TANK FARMS AND COMMERCIAL ABSORPTION PLANTS PROHIBITED No refinery, tank farm or commercial absorption plant shall be permitted or allowed within the City of Costa Mesa. Sec. 13-298. ENFORCEMENT Any well drilled or produced and any building or structure erected, operated or maintained, or any use of property contrary to the provisions of this ordinance [chapter], shall be and the same hereby is declared to be unlawful and a public nuisance, and the City Attorney shall, upon order of the City Council, immediately commence action and proceedings for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take such other action, and shall apply to any court having jurisdiction to grant such relief as will restrain and enjoin any person from drilling or producing any such well or from erecting, operating or maintaining such building or structure, or using any property contrary to the provisions of this ordinance [chapter]. Sec. 13-299. PENALTIES Any person, whether as principal, agent, employee, or otherwise, violating any provision of this ordinance Ichapter] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine or not more than five hundred dollars 1$500.00), or by imprisonment for a period of not more than six (6) months in the County jail, or by both such fine and imprisonment. Each day that any violation of this ordinance [chapter] continues shall be considered a new and separate offense. 6�dfKII444�7dAI❑Yi5 If any section, subsection, sentence, clause or phrase of this ordinance [chapter] is held to be invalid for any reason, such invalidity shall not affect the validity of any other provision of this ordinance [chapter]. The City Council of the City of Costa Mesa declares that the provisions of this ordinance [chapter) are separable and that it would have passed this ordinance [chapter] and each and every section, subsection, sentence, clause or phrase, irrespective of the fact that any one or more of the same be declared invalid. Sec. 13-301 REPEAL OF CONFLICTING ORDINANCE Ordinance No. 14, entitled "An Ordinance of the City of Costa Mesa Prohibiting Oil Wells and Oil Drilling" is hereby repealed. Sec. 13-302. CORE HOLES AND TEST HOLES PROHIBITED The drilling of core holes or test holes within the geographical boundaries of the City shall be prohibited in the same manner as set forth in Section 13-289 relating to the drilling of wells for the production of oil, petroleum, tar, gas or other hydrocarbons. The drilling of core holes from outside the territorial limits of the City shall be prohibited, regulated or allowed on the same basis as the drilling of wells for production as provided for in Section 13-290. The drilling of core holes or test holes, if allowed or provided for under this chapter shall be regulated in the same manner and by the same rules and regulations as any oil and gas well drilled for production purposes and all of the provisions of this chapter applicable to oil and gas production wells shall be applicable to core holes or test holes." 189 Section 3. Title 15 is hereby amended to include the following: "CHAPTER VI. UNDERGROUND UTILITY DISTRICTS Sec. 15-150. "Commission" defined As used in this chapter, the term "commission" shall mean the Public Utilities Commission of the State of California. Sec. 15-151. "Poles, overhead wires and associated overhead structures" defined. As used in this chapter, the terms "poles, overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross -amts, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above -ground within a district and used or useful in supplying electric, communication or similar or associated service. Sec. 15-152. "Underground utility district" or "district" defined. As used in this chapter, the term "underground utility district' or "district' shall mean that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 15-155. Sec. 15-153. "Utility" defined. As used in this chapter, the term "utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. Sec. 15-154. Hearing by council. The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and the affected utilities concerned, by mail, of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given opportunity to be heard. The decision of the council shall be final and conclusive. Prior to holding such public hearing, the city engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. Sec. 15-155. Designation of district by resolution. If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising 190 such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occassioned thereby Sec. 15-156. Overhead facilities prohibited. Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 15-155, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility services as provided in Section 15-161, and for such reasonable time required to remove said facilities after the work has been performed, and except as otherwise provided in this chapter. Sec. 15-157 Exception generally. In any resolution adopted pursuant to Section 15-155, the city may authorize any or all of the following exceptions: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer. (b) Poles or electroliers used exclusively for streetlighting. (c) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (d) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. (e) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street. (t) Antennas, associated equipment and supporting structures used by a utility for furnishing communication services. (g) Equipment appurtenant to underground facilities, such as surface -mounted transformers, pedestal -mounted terminal boxes and meter cabinets, and concealed ducts. (h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. Sec. 15-155. Exception for emergency or unusual circumstances. 191 Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the council in order to provide emergency service. The council may grant special permission on such terms as the council may deem appropriate in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poled, overhead wires and associated overhead structures. Sec. 15-159. Notice of creation of district. (a) Within 10 days after the effective date of a resolution adopted pursuant to Section 15- 155, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility at a new location, subject to the applicable rules, regulations and tariffs of the respective utility on file with the commission. (b) Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15-155, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Sec. 15-160. Responsibility of utility companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 15-155, the supplying utility shall famish that portion of the conduits, conductors and associated equipment required to be famished by it under its applicable rules, regulations and tariffs on file with the commission. Sec. 15-161. Responsibility of owner, tenant or occupant. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 15-160 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 15-155, the city council, through the city clerk, shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after receipt of such notice. Sec. 15-162. Notice to owner, tenant or occupant of required work (a) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice most be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears, on the last 192 equalized assessment roll, and when no address appears, to General delivery, City of Costa Mesa. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it was sent within 48 hours after the mailing thereof. If notice is given by mail, to either the owner or occupant of such premises, the city clerk shall, within 48 hours after the mailing thereof, printed on a cud not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on said premises. (b) The notice given by the city clerk to provide the required underground facilities shall particularly specify what work is required to be done as determined by the city engineer and shall state that if said work is not completed within the 30 days after receipt of such notice, the city council will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property and become a lien upon such property Sec. 15-163. Work to be done by city; assessment, collection of costs. (a) If, upon the expiration of the thirty -day period, the required underground facilities have not been provided, the city shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and not electric or communications services are being famished thereto, the city shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property Upon completion of the work by the city a written report shall be filed with the city clerk setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall, after considering said report, fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than 10 days thereafter. (b) The city clerk shall forthwith, upon the time for hearing such protests having been fixed, give notice in writing to the person in obsession of such premises, and a notice in writing thereof to the owner thereof, in the manner herein above provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (c) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there is any, and then shall proceed to affirm, modify or reject the assessment. (d) If any assessment is not paid within 5 days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city clerk, and the city clerk is directed to tum over to the assessor and tax collector a notice of lien on each side of said properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time 193 as property taxes we due and payable, shall bear interest at the rate of 6 per cent per annum. Sec. 15-164. Responsibility of city. The city shall remove, at its own expense, all city -owned equipment from all poles required to be removed pursuant to this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 15-155. Sec. 15-165. Extensions of time. In the event any act required by this chapter or by a resolution adopted pursuant to Section 15-155 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. Sec. 15-166. Violations. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by Section 1-33 of this Code. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter." Section 4. Section 17-6 of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 17-6. Temporary use of trailers. The temporary use of trailers is subject to the zoning regulations contained in Title 13 of this Code. Section 5. Section 17-7 is of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 17-7 Conditional use permit required for trailer parks. Trailer parks or mobile home parks are subject to the zoning regulations contained in Title 13 of this Code and require the approval of a conditional use permit. Application requirements and processing procedures for conditional use permits are contained in Title 13, CHAPTER III PLANNING ACTIONS of this Code. Section 6. Subsection (c) of Section 11-164 of the Costa Mesa Municipal Code is hereby amended to read as follows: 194 (c) The term "residential use" as used in this chapter means any property zoned for residential use as provided for in Title 13 of this Code. Sidewalks and streets adjacent to residential property shall be considered a residential area for purposes of this chapter. Section 7. Subsection (b) of Section 11-165 of the Costa Mesa Municipal Code is hereby amended to read as follows: (b) Notwithstanding provisions of Chapter XIII NOISE CONTROL of Title 13 of this Code, the maximum noise level emitted by leaf blowers shall not exceed 65 decibels when measured at a distance of 50 feet and shall not exceed 55 decibels for more than a total of 15 minutes on any parcel on any day Section 8. Section 15-7 of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 15-7 Signs prohibited. No person, association, partnership, firm, corporation or trust shall paint, mark or write on, post, attach or otherwise affix any handbill, notice, sign or similar device to or upon any park, sidewalk, parkway, crosswalk, street, alley, median, curbstone, street lamppost, bus bench or shelter, hydrant, tree, shrub, tree stake or guard, electric light, power or telephone pole or wire or appurtenance thereof, or upon any lighting system, bridge, drinking fountain, street sign, or banner, traffic sign, fence, building or structure of any kind located on city property or any city right-of-way or easement unless a permit is issued pursuant to Chapter VIII SIGNS of Title 13 or Chapter II PUBLIC TRANSPORTATION, SHELTERS AND BENCHES of Title 19. The person, association, partnership, fine, corporation or trust responsibility for such handbill, notice, sign or similar device in violation of this section shall be liable for the cost incurred for the removal and disposal thereof as provided in section 13-127 SIGNS PROHIBITED ON PUBLIC PROPERTY OR PUBLIC RIGHTS-OF-WAY REMOVAL; ABATEMENT OF COSTS AND FINES. Section 9. Severability If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. Section 10. 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 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. 195 PASSED AND ADOPTED this 5th day of May, ATTEST' Deputy r --.,y glerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 99 Mayor of the City o sa �.�OVED �`�►� tS�ORq7 CITY ATTORNEV I, MARY T ELLIOTT, 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. 97-11 was introduced and considered section by section at a regular meeting of the City Council held on the 21st day of April, 1997, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 5th day of May, 1997, by the following roll call vote: AYES: Buffs, Monahan, Erickson, Cowan, Somers NOES: None ABSENT, None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of May, 1997 T Deputy City (46rk and ex -officio Clerk of the City Council of the City of Costa Mesa 1%