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Home My WebLink About02-04 Land Use Regulations and Development StandardsORDINANCE NO. 02-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLES 13 AND 20 OF THE COSTA MESA MUNICIPAL CODE TO INCORPORATE NUMEROUS MISCELLANEOUS TECHNICAL CHANGES AND CLARIFICATIONS IN LAND USE REGULATIONS AND DEVELOPMENT STANDARDS AFFECTING ALL ZONING DISTRICTS. 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 13-10 (h)(2) as follows: "(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, 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, tentative tract and parcel maps, density bonuses without public financial incentives, and any other action specified in this Zoning Code. d. 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." b. Add rows 15.1 and 103.1 and amend rows 31, 37, 73, 90-93, 106, and 107 of Table 13-30 to read as shown in Attachment A. C. Amend the following row of Table 13-32 as follows: "TABLE 13-32 RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS RI R2 -MD R2 -HD R3 C1 I C2 Cl -S TC Minimum Lot Area for newly In all zones except R-1, landscaped parkways with a combined width of 10 feet, but not less than 3 feet on one side, shall be provided along the sides of interior private streets and/or common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of 5 feet in width." d. Amend the following rows of Table 13-44 to read as follows: "TABLE 13-44 COMMERCIAL PROPERTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS P AP CL C1 I C2 Cl -S TC Minimum Lot Area for newly 6,000 square feet 12,000 square 5 acres See created lots feet Master Plan Side (Interior) 15 feet on one side and 0 feet on the other side. None Exception: If the side property line is adjacent to a residential zone, all buildings shall maintain a side setback from the residential property line of 2 times the building height at all locations. Rear (Interior) 0 feet None Exception: If the rear property line is adjacent to a residential zone, all buildings shall maintain a rear setback from the residential property line of 2 times the building 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 - street 15 feet for all other streets. See also Section 13-45(f) and (g)." e. Amend Section 13-45 to include the following subsections: "(e) The service and/or repair of motor vehicles and boats is also subject to Section 13-54(b) ADDITIONAL PROPERTY DEVELOPMENT STANDARDS IN THE INDUSTRIAL DISTRICTS. (f) In the TC district, the required landscaped side and rear setbacks from public streets may include architectural features (such as arcades, awnings, and canopies), public art, 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 master plan and promote the goals of the General Plan and applicable specific plan; (3) Adequate landscaping is retained to shade the outdoor use areas and to complement the architecture and design of buildings and pedestrian areas; and (4) The design of the rear and side setback areas will be compatible with contiguous development. (g) In the TC district, buildings may encroach into the required side and rear setbacks adjacent to public streets if the City Council determines that: (1) An adequate, well-defined pedestrian circulation system is provided within the master plan; (2) Pedestrian -oriented landscaped and/or public use areas (plazas, patios, etc.) are provided within the master plan; (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 master plan and promote the goals of the City's General Plan and applicable specific plan." f. Amend the followina rows of Table 13-53 to read as follows: "TABLE 13-53 INDUSTRIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARD MG` MP , Side Interior lot: 0 feet Interior lot: 10 feet Corner lot: 15 feet on the street side Corner lot: 20 feet on the street side Exception: If the side property line is adjacent to a Exception: If the side property line is adjacent to a residential zone, all buildings shall maintain a side residential zone, all buildings shall maintain a side setback from the residential property line of 2 times setback from the residential property line of 2 times the building height at all locations. the building height at all locations. Rear (Interior) All lots: 0 feet Exception: If the rear property line is adjacent to a residential zone, all buildings shall maintain a rear setback from the residential property line of 2 times the building height at all locations." g. Amend Section 13-54(a) to read as follows: "(a) Reserved for future use." h. Amend Section 13-73(a) to read as follows: "Sec. 13-73. TRASH ENCLOSURES (a) In non-residential zones, 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. Exceptions to the required trash enclosure in residential projects may be granted by the final review authority, and are subject to the following provisions: (1) A written determination by the Costa Mesa Sanitary District and/or any contract trash collection service that on-site trash collection service can be provided to each individual dwelling unit; (2) A recorded land use restriction prohibiting trash collection in the public right-of-way; (3) Provision of an adequate on-site storage area for trash containers that is screened from on- and off-site views; garage storage of trash containers shall only be permitted if the storage does not affect the required vehicle storage area; and (4) A limitation of no more than two trash containers per dwelling unit." i. Amend Section 13-85 to read as follows: "Sec. 13-85. PARKING REQUIRED In the residential districts, 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. (a) R1 zone and small -lot single-family common interest developments (excluding townhouses). At the time of the construction of a residence, off-street parking in the form of a garage and open parking shall be provided as follows: Garage Parking Spaces Open Parking Spaces' 2 2 1. Open parking may be provided on a minimum 19 -foot long, individual driveway leading to a garage. In common interest developments, required open parking may be provided on an individual unit's driveway or within the common area. Each garage space shall 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. The off-street parking requirements stated above shall be applied to an existing residence at the time the residence is increased in size with an additional bedroom(s). However, with approval of a minor design review, the Zoning Administrator may exempt or modify these requirements for an existing residence with a legal nonconforming number of garage spaces and/or garage dimensions and/or with a nonconforming driveway length, if it is determined that the existing structure(s) on the lot precludes reasonable compliance with this subsection's parking requirements. (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. At the time of the construction of any building and/or when a structure is enlarged or increased by adding a bedroom(s), required parking shall be provided per Table 13-85, except that single-family dwelling units (excluding townhouses) on individual lots in common interest developments shall provide parking according to subsection (a). (c) Reduction of required parking prohibited. A property owner or property manager shall make available to tenants and guests the parking required by this subsection. No property owner or property manager shall lease, rent, sell, or otherwise make unavailable to residents and guests required parking. Furthermore, the rental of a dwelling unit shall be deemed to include the exclusive use of at least one covered parking space and equal access to the required open spaces reserved for residents. (d) 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." Amend Table 13-89 to add the following row: TABLE 13-89 NONRESIDENTIAL PARKING STANDARDS ; r USE PARKING RATIO PER GROSS FLOOR AREA, (Except as noted otherwise] RESIDENTIAL ZONE NONRESIDENTIAL ZONE "Garden centers; Plant nurseries 4 spaces per 1,000 square feet of gross floor area, and 2 spaces per 1,000 square feet of outdoor display area." P' Satellite Dish Antenna, Transmitting k. Amend Table 13-141 to read as follows: "TABLE 13-14I ANTENNA REVIEW REQUIREMENTS ANTENNA TYPE RESIDENTIAL ZONE NONRESIDENTIAL ZONE Satellite Dish Antenna, Receiving P'•' P' Satellite Dish Antenna, Transmitting MC2 MC2 Amateur Radio Antenna P' P' Communication Antenna, Receiving P' P' Communication Antenna, Transmitting • P' EXCEPTIONS Antennas that meet the following criteria may be processed as a development review: a. Roof -top location; b. Screened from off-site properties by an existing parapet, mechanical screen, or similar structure; c. Complies with Section 13-142 DEVELOPMENT STANDARDS with the exception of the maximum height standard; and d. Antenna is permitted in the zone. 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" I. Amend the title of Chapter IX, Article 4 to read as follows: "ARTICLE 4. AFFORDABLE HOUSING INCENTIVES" M. Amend Section 13-28(i) to include the following subparagraph: "(3) Any deviation from development standards specified in this Zoning Code as requiring a minor design review." Section 2. Title 20 of the Costa Mesa Municipal Code is hereby amended to read as follows: a. Amend the following row of Table 20-6(c) as follows: "Table 20-6(c) VEHICLE STORAGE AND PARKING REGULATIONS RESIDENTIAL ZONES AND NONRESIDENTIAL ZONES RESIDENTIALLY -DEVELOPED PROPERTY (EXCLUDING RESIDENTIALLY - DEVELOPED PROPERTY) Vehicles and Abandoned, Vehicles and Abandoned, Recreational wrecked, _ Recreational wrecked, Vehicles dismantled, or Vehicles dismantled, or inoperative vehicles, inoperative Parking and Storage Options or part thereof. vehicles, or part thereof. Interior storage. Enclosed completely within a building in a lawful manner where it is P P P P not visible from the street or other public or private property Licensed vehicle dealer. Stored or parked in a lawful manner in connection with the P P business of licensed vehicle dealer. Other lawful business. Stored or parked on a lot pursuant to zoning approval granted • P P by the City of Costa Mesa for that purpose, in connection with the operation of a lawfully -conducted business. Other residential storage options. Stored or parked on a paved area that meets the P' • Not applicable Not applicable following criteria: a. A paved area that is not within the required building setback area abutting a public street, excluding alleys; and, b. Screened by a 6 -foot high permanent, solid, opaque fence or wall. The fence or wall shall be constructed and maintained in accordance with applicable development standards for fences and walls contained in the City of Costa Mesa Zoning Code. A building may also serve to screen the storage area. c. The exception to subparagraphs a. and b. above is that a vehicle may be stored or parked on a paved driveway connecting a garage or carport with a public or private street. "Table 20-6(c) VEHICLE STORAGE AND PARKING _REGULATIONS RESIDENTIAL ZONES AND NONRESIDENTIAL ZONES RESIDENTIALLY -DEVELOPED PROPERTY (EXCLUDING RESIDENTIALLY - DEVELOPED PROPERTY) Vehicles and Abandoned, Vehicles and Abandoned, Recreational wrecked, Recreational wrecked, Vehicles dismantled, or Vehicles dismantled, or inoperative vehicles, inoperative Parking and Storage Options or part thereof. vehicles, or part thereof. Other Nonresidential storage options. Stored or parked on a paved area that meets the Not applicable Not applicable P following criteria: a. A paved area that is not within the required building setback area abutting a public street, excluding alleys; and, b. Screened by a 6 -foot high permanent, solid, opaque fence or wall. The fence or wall shall be constructed and maintained in accordance with applicable development standards for fences and walls contained in the City of Costa Mesa Zoning Code. A building may also serve to screen the storage area. Stored or parked on any unpaved surface, except as permitted above. P = Permitted • = Prohibited 1. Excludes buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or any other commercial vehicle over 25 -feet long or 8 feet in height or 90 - inches wide, except as allowed in Section 20-6(a)." Section 3. 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 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 5. 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, subdivi- sions, 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 6. Publication. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage. PASSED AND ADOPTED this 18" day of March, 2002 ATTEST: l Deputy City lerk of the City of Costa Mesa -/A - , /, 4",/ Mayor of the City of Costa Mesa 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. 02-4 was introduced and considered section by section at a regular meeting of said City Council held on the 4th day of March, 2002, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18" day of March, 2002, by the following roll call vote: AYES: Dixon, Cowan, Robinson, Steel NOES: None ABSENT: Monahan IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of March, 2002. -T. Eu-a-,t� Deputy City lerk and ex -officio Clerk of the City Cot l of the City of Costa Mesa ATTACHMENT A TABLE 1.31-30 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 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 1' R' R D D L M H N' S D' D D C ' M 2.1 Common interest developments, • P P P • • • • • • • • P P P P P P • • • residential 15.1 Incidental residential use that includes M M M M • . • • • • . . M M M M M M • • • a toilet, bathtub, shower, or any C C C C C C C C C3 C3 combination thereof. This applies to an accessory use contained in a detached structure, or contained within the main structure with no interior connection between the main and incidental use. 31. Libraries, privately -operated C C C C 0 C C C C C C C C C C C C P C • 37. Schools: trade and vocational 0 M P P P P M M 0 P M P P • C C C C 73. Electronic game machines (4 or more), incidental to the primary use, (subject to the a M CZ M C2 M CZ M CZ M Cz M Cz M CZ a M Cz M CZ M C2 M CZ M CZ • requirements of CHAPTER IX, ARTICLE 5, ELECTRONIC GAME MACHINES) - See also Amusement centers ATTACHMENT A TABLE413-30_ CITY`OF COSTA, MESA LAND USE MATRIX . Z"0 N E S LAND USES ,. R R, R- R: A C C C C T M M P P P P P P ,2:;., 2'� 3-- -P .. L;. 1 '—Z 1 C' G .P' . D D" D D D 6' & & IVI - H S' R R R R C I' R' W D D L M H N , S .R - 90. Manufacturing: Light • • • • • • • P2 P2 • P2 • EXCEPT the following which are prohibited: • Manufacture of fertilizer • Manufacture of products involving the use of explosives • Manufacture of rubber (including tires), steel 91. Manufacturing of chemical products, C-2 C2 • • 0 C2 • 0• paints, pharmaceuticals, and plastics 92. Manufacturing of stone, clay, glass and • • • • • • • • • • P2 P2 • • • • . P2 • • concrete products EXCEPT the following which are prohibited: • Manufacture of flat glass • Manufacture of cement and structural clay products • Manufacture 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 93. Manufacturing or processing of foods • • • • • • • • • • P2 P2- • • • • • P2 • • • and beverages EXCEPT the following which are prohibited: • Meat and poultry packing plants • Grain mills • Sugar refining • Fats and oils processing mills • Seafood canneries and packaging (See also Breweries; Distilleries; Coffee roasting) ATTACHMENT A ---TABLE:.13`_30 CITY OF COSTA, MESA: LAND USE MATRIX . Z' O N E S LAND�,USES - R R R R, A G ", C Cj'C' T' M, M P`, :P P P'-, P P, I P-- - 1, _2" 2,. 3- P L- _ 1 1:-2' �_, G P D D D- D' D- : D & & ` - M H. S, R R R R ..C, . I, R, R .. D D,,, L M W N , S' D' DD C , M 1 103.1. Motor vehicle and Boat dismantling • • • • • • • • • • . • • . . • • . . • for salvage purposes 106. Motor vehicle; Boat; and Motorcycle • 0 • • 0 0 P2 P2 P2 • PZ PZ • . • PZ P2 0 • • repair services (including body and paint work), NOT WITHIN 200' of residential zone (subject to Section 13-54(b)) 107. Motor vehicle; Boat; and Motorcycle • • • • • • C2 c2 c2 • c2 c2 • • • • C2 C2 • • • repair services (including body and paint work), WITHIN 200' of residential zone (subject to Section 13-54(b)) Section 13-115 is hereby amended to read as follows: