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Home My WebLink About95-06 Voluntary RedevelopmentORDINANCE NO. 95-6 AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,I AMENDING SECTIONS 13-136, 13-148, 13-252 and 13-529 OF TITLE 13' OF THE COSTA MESA MUNICIPAL CODE REGARDING VOLUNTARY REDEVELOPMENT OF NONCONFORMING MULTI -FAMILY RESIDENTIAL PROJECTS. 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, many of the existing multi -family residential 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; ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends Title 13 of the Costa Mesa Municipal Code as follows: SECTION 2: Amend paragraph 4 b of Subsection A of Section 13- 136 of the -Costa Mesa Municipal Code to read as follows: - "4. b. If the units are voluntarily demolished, an equal or lesser number of units. may be rebuilt per Section 13-529. SECTION 3: Amend paragraph 3 b of Subsection A of Section 13- 148 of the Costa Mesa Municipal Code to read as follows: 3. b. If the units are voluntarily demolished, an equal - or lesser number of units may be rebuilt per Section 13-529. SECTION 4: Amend Paragraph (c)b of Subsection 1 of Section 13-252 of the Costa Mesa Municipal Code to read as follows: " (c) b. If the units are voluntarily demolished, an equal or lesser number of units may be rebuilt per Section 13-529. S2CTION 5: Amend paragraph a of Subsection 3 of Section 13- 529 of the Costa Mesa Municipal Code 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 any residential 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. (2) If the 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 following standards: building setbacks, 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. The rebuilding must start within a period of one year of the demolition and shall be carried out diligently to completion. 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 title 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: provision of continuous use garages instead of carports for greater security provision of useable open space with amenities provision of flower beds and adequate lawns of sufficient area to create a useable recreation area provision of individual vegetable garden areas screened by hedges provision of masonry planters, potted flowers and shrubs on decks and balcony flower boxes provision of trellises with vines provision of minimum size trees based on box size rather than gallons such that 300-. or more of the trees are a minimum 24" box size provisions in CC&Rs to ensure landscape maintenance provision of on-site manager for projects of 15 units or less provision of awnings, especially along the front for color and product definition, and better facade provision of stamped concrete or decorative paving at entrances and critical driveway intersections provision of meandering rather than straight sidewalks provision of terraced elevations at all sides to reduce scale and massing provision of upgraded windows and doors for noise reduction provision of covered/screened dumpsters for projects of 4 units or less provision of 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 orientation of units away from the street toward interior courtyards provision of adequate lighting for security (beyond parking and driveway lighting required by code) provision of gates and intercom system for security provision of other amenities that enhance the project for the neighborhood In reviewing the Master Plan, the Planning Commission shall decide' -if the degree of deviation is warranted, if the proposed amenities are sufficient to off -set the deviation, and if the maximum allowable density shall be reduced due to the deviation. The Master Plan shall be processed similarly to a conditional use permit in terms of application, procedure, publi-c hearing, notices, fees, conditions and time limits. The findings necessary to grant -the Master Plan are: 1) Full compliance with current development standards would make the rebuilding infeasible. 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. 4)" The proposed rebuilding provides additional amenities that ensure a high quality development." SECTION 6: This Ordinance shall take. effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office 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 19th day of June, 1995. Mayor o the City of Costa Mesa ATTEST: `OVED AS TO FORM _ City Cle k of the City of Co a M sa e.® 4 CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 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. 95-6 was introduced and considered section by section at a regular meeting of said City Council held on the 5th day of June, 1995, .and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 19th day of June, 1995, by the following roll call vote: AYES: E C Kbn�) 5PFA 40P,/J av I�LE� MON A ifA J NOES: 0 p tj ABSENT : C F- N j 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 20th day of June, 1995. eputy 'ty Clerk and ex -officio Clerk the City Council of the City of Costa Mesa