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HomeMy WebLinkAbout01-10 Modify the Procedures for Minor Additions in Existing DevelopmentsORDINANCE NO. 01-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE PROCEDURES FOR ALLOWING MINOR ADDITIONS IN EXISTING DEVELOPMENTS WITH MASTER PLANS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 13 of the Costa Mesa Municipal Code is hereby_amended to read as follows: a. Amend Section 13-28(d)(2) to read as follows: "(2) Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, MG, or MP zones. Building additions that do not exceed 2,000 square feet or exceed 50% of the existing building. area, whichever is less, and comply with all applicable development standards shall not be subject to development review." b. Add Section 13-28(f)(3) to read as follows: "(3) Minor amendments. a. Minor amendments to existing _master plans in planned development zones are subject to Section 13-56 MASTER PLAN REQUIRED. b. Minor amendments to existing master plans in the TC, C1 -S, &R, and I&R-S zones may be approved by development review if the Planning Division finds that the proposed construction does not materially affect required open space, floor area ratio, and parking requirements specified in the approved master plan. Furthermore, if the minor amendment results in an overall building square footage that exceeds the maximum building square footage allowed by the approved master plan, the Planning Division must find that the minor amendment is consistent with the floor area ratio and trip budget standards established by the General Plan, as applicable." C. Repeal Section 13-56(c)(3) and replace with the following new Section 13-56(c)(3): "(c) Minor additions to an existing planned development. (1) Residential buildings. buildings not meeting minor modification if proposed construction open space, site ci development. Minor additions to existing residential the criteria below may be approved by the Planning Division finds that the does not materially affect the required Overage, or parking of the planned a. Unenclosed patio covers. Unenclosed patio covers in planned development residential zones, which meet the following setback criteria may be approved by the Planning Division: L Side setback- 5 feet or equivalent to main -structure, whichever is less. ii. Rear setback- 10 feet or 5 feet for small lot developments. b. _ 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. (2) Non-residential buildings. Minor additions to existing non- residential buildings may be approved by development review if the Planning Division finds that the proposed construction does not materially affect required open space, floor area ratio, and parking requirements specified in the approved master plan. Furthermore, if the minor addition results in an overall building square footage that exceeds the maximum building square footage allowed by the approved master plan, the Planning Division must find that the minor addition is consistent with the floor area ratio and trip budget standards established by the General Plan, as applicable." 2 Section 2. Environmental Determination. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt. Section 3. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA 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 51h day of March, 2001 ATTEST: f Deputy GIVY Clerk APPROVED AS TO FORM _/�CITY A N Y 3 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. 01-10 was introduced and considered section by section at a regular meeting of the said City Council held on the 201h day of February, 2001, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 5th day of March, 2001, by the following roll call vote: AYES: Cowan, Dixon, Monahan, Robinson, Steel 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 March, 2001. Deputy City erk and ex -officio Clerk of the City Counc of the City of Costa Mesa rd