HomeMy WebLinkAbout94-03 Voluntary Redevelopment of Projectsr
ORDINANCE NO. 94- 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS
13-136, 13-148,_13-252, 137400 and 13-529 OF
TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
REGARDING VOLUNTARY REDEVELOPMENT OF PROJECTS
THAT WERE MADE NONCONFORMING BY THE ADOPTION
OF THE 1990 GENERAL PLAN.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa.finds
and declares as follows:
WHEREAS, the City of Costa Mesa 1990 General Plan was adopted
on March 16, 1992; and
WHEREAS, the 1990 General Plan Land Use Element established
new lower densities limits for residential properties; and
WHEREAS, many of the existing projects now exceed the lower
density limits of the General Plan; and
WHEREAS, the higher existing densities were accounted for in
the future housing, population and traffic generation projections
of the 1990 General Plan; and
WHEREAS, the City. therefore amended the General Plan on
February 22, 1994 to provide an incentive for the redevelopment of
housing units at the higher density; and
WHEREAS, the City also wants to ,establish provisions for
rebuilding the higher density projects to ensure safe and decent
housing, and
WHEREAS, an initial study was completed and concluded that. the
environmental impacts of this ordinance are adequately addressed in
Final Environmental Impact Report.(FEIR) # 1044 which was certified
on March 16, 1992 for the 1990 General Plan project;
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as follows:
SECTION 2: Paragraph 4 is hereby added to Subsection A of
Section 13-136 of the Costa Mesa Municipal Code to read as follows:
114. Existing units. Units previously permitted that now
exceed the allowable density may be rebuilt subject to
the following conditions:
a. If the units are unintentionally destroyed, the
units may be restored (rebuilt) so long as the
restoration is of an equal or lesser degree of
nonconformity and the restoration,is started within
a period of one year and carried out diligently to
completion. An extension of time to start the
restoration -may be granted for good cause by the
Development Services Director.
b. If the units are voluntarily demolished, an equal
or lesser number of units may be rebuilt so long as
the development meets all other development stan-
dards. 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 must start.within•a
period of one year of the demolition and shall be
carried out diligently to completion."
SECTION .3: Paragraph 3 is hereby added to Subsection A of
Section. 13-148 of the Costa Mesa Municipal Code to read as follows:
113.. Existing units. Units previously permitted that now
exceed the allowable density may be rebuilt subject to
the following conditions:
a. If the units are unintentionally destroyed, the
units may, be restored (rebuilt) so long as the
restoration is of an equal or lesser degree of
nonconformity and the restoration is started within
a period of one year and carried out diligently to
completion. An extension of time to start the
restoration may be granted for good cause by the
Development Services Director.
b. If the units are .voluntarily demolished, an equal
or lesser number of units may be rebuilt so long as
the development meets all other development stan-
dards.. 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 must start within a
period of one-year, of the demolition and shall be
carried out diligently to completion."
SECTION 4: Paragraph (c) is hereby added to Subsection 1 of
- Section 13-252 of. the Costa Mesa Municipal Code to read as follows:
"(c) Existing units. Units previously permitted that now
exceed theallowable density may be rebuilt subject to
the following conditions:
a. If the units are unintentionally destroyed, the
units may.. be restored. (rebuilt) so long as the
restoration is of an equal.: or -lesser degree of
nonconformity. and the restoration is started within
a period of one year and carried out, diligently to
completion. An "extension of time to start the
"restoration may be granted. for good cause by the
Development Services -.Director.
b. If the- units are.. voluntarily demolished, an equal
or,lesser'number of units may be rebuilt so long as
the development meets all other development stan-
dards. 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.designat"ion. The resulting number
of units shall not exceed' -the existing number of
legal nonconforming units nor be morethan the
number of units that would have been allowed on
March 15, 1992. The.'rebuilding must start within
period of one year of the demolition and shall .be
carried out diligently to'completion."
SECTION 5: Paragraph .(11) is hereby added to Subsection (a)
,of :Section 13-400 of the Costa Mesa Municipal Code to read as
follows:
11(11) Granting of a rebuilding incentive to' allow
replacement of existing units,that now exceed the
allowable density of the, zone for the subject.
property within :sixty (60). months prior, to the
density bonus or _incentive application will be..-
considered
e .-considered to be equivalent in value to state
..mandated incentives and qualifies as an incentive
for purposed of this article."°
SECTION 6: Paragraph a of Subsection 3 of Section 13-529 of
the Costa -Mesa Municipal -, Code is hereby amended to read as follows:
"a. The following provisions shall apply to the reconstruc-
tion of legal nonconforming dwelling units.
(1)"- If the unit(s) in anyresidential zone is/are,
unintentionally destroyed'. by .any means.; to any
extent, the damage may.be restored and the.occupan-
cy continued or resumed "provided that the restora-
tion is ,of an equal or lesser degree of nonconfor
mity and the restoration is started within one year
and carried 'out diligently to completion. An
extension of time to start the restoration may be
granted for good cause by the development services
director.
If units in the R2, R3 or PDR 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 title and
other codes including but,not - limited to -the fol-
lowing development standards: building setback,
lot coverage; building height, parking, openspace
,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'.' numberof units shall not exceed the
existing .number of legal' nonconforming units nor be
more than the number of units that would have been
all on March 15, 1992..The rebuilding.shall
not increase the'development's-nonconformity., The
rebuilding must start within'a period of one year
of the demolition and shall be carried out
diligently to completion."'
SECTION 1: This.Ordinance'shall take effect and be in full
force ,thirty . (3 0) days. from and after, the passage thereof, and
prior to the expiration of fifteen (15 ) days from its passage shall
be published once in the, DAILY PILOT, a newspaper of'' general,
circulation, printed and. published in the.City of Costa Mesaor, 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 summ.ary.and shall post in the office
of the City Clerk a certified -copy `of this Ordinance .together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this 7 ti, - day of 1994.
ATTEST:
Deputy C' y Clerk of the City
of Costa esa
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
-/City 'Attorney
STATE*OF CALIFORNIA )
COUNTY OF ORANGE ) §.
CITY OF COSTA MESA )
I, MARY T.,ELLIOTT, Deputy City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mgsa hereby certify that the
above and foregoing Ordinance No.. '74 - t was introduced and
considered section by s5ction at a -egular meeting of said City.
Council held on ,the a� day of �pi�,.c.c- 1994, and
thereafter passed and adopted as a whole at a regular meeting of
said Council held on the Z day of cch.eL,_ 1994, by
the following roll call -vote:
AYES:. COUNCIL MEMBERS&tiliS� HUmP�FR� v� ffoRnl �3L1G�LE I.rIIFFA� CRiC KSon�
NOES: COUNCIL MEMBERS:
ABSENT:. COUNCIL MEMBERS: X1665
IN WITNESS WHEREOF,'I have hereby set my hand and affixed the
Seal of the City of Costa Mesa this _:L�6, day of ?),%&A- ck,_
1994.
-77
Deputy C' y Clerk and ex -officio
Clerk of he City Council of the
City of Costa Mesa