HomeMy WebLinkAbout01-19 General Site Improvements and Sidewalk ConstructionORDINANCE NO. 01-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13,
CHAPTER V, ARTICLE 9, SECTIONS 13-70 ET SEQ. OF
THE COSTA MESA MUNICIPAL CODE PERTAINING TO
GENERAL SITE IMPROVEMENTS AND SIDEWALK
CONSTRUCTION.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Sections 13-70 et seq. of the Costa Mesa Municipal Code are
amended as follows:
Sec. 13-70. Purpose.
The purpose of Zhis article is to identify additional development standards for all
zoning districts. The. following standards shall apply to new developments and to
vL,ajor alterations, additions or improvements to existing developments that exceed
fifty (50) per cent of the gross floor area of the existing improvements on the same
site (an "existing development").
Sec. 13-70.1 Definitions. For purposes of this article, the following definitions
shall apply:
Improvements. Any--- major - alteration, addition- or improvement to - an existing
development in an R1 zone that exceeds fifty (50) per cent of the gross floor area
of the existing improvements on the same site.
Program. That particular portion(s) of the Citywide Missing Sidewalk Program
adopted by the city. council that specifically address missing sidewalks in R1 zones
as such is incorporated in the city's annual parkway maintenance projects.
Sidewalk: A concrete walkway adjacent to the street and within the public right of
way, used primarily for pedestrian traffic that is constructed pursuant to city's
standard No. 411. The term "sidewalk" does not include a driveway approach,
curb or gutter.
Street Segment: That portion of a street lying between one street intersection and
the next closest intersection.
Sec. 13-71. Utility requirements.
(a) No utility equipment or facility such as gas meters, electrical meters,
telephone pedestal mounted terminal boxes, surface mounted electrical
transformers, fire hydrants or any other potential obstruction shall be located within
the approved parking and/or turn radius area unless installed underground in a vault
having an approved traffic lid. All such equipment or facilities located aboveground
shall comply with the requirements and meet with the approval of the . planning
division and serving utility.
(b) Installation or relocation of all utility equipment or facilities shall be
performed in a manner so as to obscure the installation of said equipment or facility
from view from any place on or off the property. The installation or relocation of
the equipment or facility shall comply with the requirements and meet with the
approval of the public utility and planning division.
(c) Sewer and water system improvements shall comply with the requirements
and meet with the approval of the serving utility.
(d) As an additional requirement only for new developments, 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.
Sec. 13-72. Off 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 except for the installation of sidewalks for existing single family
residences in an R1 zone subject to Sec. 13-72.1.
(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.
(c) 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.
(d) Portland cement concrete sidewalks shall be installed per City of Costa Mesa
Standard Plans under the direction of the public services department except for the
installation of sidewalks for existing single-family residences in an R1 zone subject
to Sec. 13-72.1.
(e) Prior to the issuance of a building permit, the developer shall obtain
necessary street work permits authorizing construction as indicated in subsections
(a), (b), (c), and (d).
Section 13-72.1 R1 Sidewalk Construction
(a) This section applies to existing single-family residences in R1 zones only.
The purpose of this section is to provide alternatives to the requirement that
owners of existing developments in an R1 zone install a sidewalk when they
undergo major alterations, additions or improvements. that. would otherwise require...
installation of a sidewalk pursuant to Sec. 13-72.
(b) Nothing. in this section shall prevent the city from using its own funds to
install sidewalks on any street otherwise.. subject .to, this. article,:.
(c) An owner of a single-family residence in an R1 zone shall either:
(1) Construct a sidewalk as required- by Sec. _ 13-72; or
(2)` Pay to the city;- an amount equal to- the -cost -of- sidewalk construction;
in lieu of actual construction, as calculated by the City Engineer. Said
payment will be based on the average bid unit price accepted by the city for
its annual parkway maintenance project and the actual linear feet of the
property owner's front property line; or
(3) Satisfy the requirements of subdivision (d) hereinbelow.
(d) Notwithstanding the city's goal of installing sidewalks in all R1 zones
throughout the city, it is recognized that there may be neighborhoods in the city
that desire to retain a more rural appearance.
(1) Therefore, if an owner of a single-family residence in an R1 zone
meets all of the following criteria at the time of application for a permit for
construction of the improvement, the owner may "opt out" and will not be
required to comply with the provisions of Sec. 13-72.1(c)(1) or (2).
i. The property owner must submit a notarized written statement to
the city clerk that includes signatures from at least two-thirds (2/3) of
the other property owners on his/her side of a street segment. The
notarized statement shall be on a form provided by the city and shall
acknowledge that the person signing the statement is the property
owner, identified as the owner of record of said property as reflected
in the most recent County Assessor's parcel roll and that said property
owner does not want sidewalks installed on their side of their street
segment; and
ii. There can be no more than ten (10%) percent of the frontage of
the side of the street segment in question improved with existing
sidewalk within the public right of way.
(2) The City Engineer, or his designee shall establish a procedure to verify
the information required by Sec. 13-72.1(d) and monitor the properties that
have qualified under the opt out provision of this chapter.
(3) No property. owner, on a side of .street segment that has_ opted out
pursuant to this section may obtain a permit for, or later decide to install a
sidewalk on a property that has opted out, regardless of whether that
property o.wne.r actually provided-,-, a; signed: statement .unless that: property
owner has _complie.d:.:with subsection: 13.=72.1(d)(4) below.
(4) A property owner, may cancel his/her street segment's "opting out" of
the sidewalk., construction..program. .and..install. a.sidewalk.adjacent-to.. their.._...
property -by obtaining - notarized.- signatures from- at<leasttwo-thirds- (2/3) of
the property owners on their side of their street segment.
(e) Any payment received by a property owner in lieu of actual construction
pursuant to Sec. 13-72.1(c)2 shall be placed in a separate account and,
along with any interest earnings on said account, be used solely to pay
for the city's future construction of new sidewalks in R1 zones
constructed pursuant to the City's Program.
SECTION 2. 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 3. Publication.
This ordinance shall take affect and be in full force and effect thirty (30)
days from and after its passage. Before the expiration of fifteen (15) days after its
passage, it shall be published once in 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 with 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 20th day of August, 2001.
52yze��
May -or of -the City of Costa.Mesa
ATTEST:
Deputy- Coly- Clerk of the City of Costa Mesa
APPROVED ASPP FORM
--� CITY rEY
�RN
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 ordinance
No. 01-19 was introduced and considered section by section at a regular meeting
of said City Council .held on the 6th day of August, 2001, and thereafter passed and .
adopted as a whole at a regular meeting of said City Council held on the 20th day of
August, 2001, by the following roll call vote:
AYES: CowA r tiD�J (i1oNa -,-/ A-�i Ra�3'N �,) STEEL
NOES: IJ dN15-
ABSENT: �'VNg
IN WITNESS WHEREOF; I. have hereunto set my hand and -affixed -the seal of
the City of Costa Mesa this 21St day of August, 2001.
I,
Deputy City Perk and ex -officio Clerk of
the City Coun ' of the City of Costa Mesa