HomeMy WebLinkAbout68-41 Changes to CUP & Exception PermitsI ORDINANCE No.g-gt
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, CONSOLIDATING DIVISIONS XVIII AND
3 XIX RELATING TO VARIANCES AND CONDITIONAL USE PERMITS;
MAKING CERTAIN FINDINGS WITH RESPECT TO THE NECESSITY
4 THEREOF; REPEALING CERTAIN SECTIONS OF THE LAND USE
ORDINANCE AND CREATING AND ADOPTING PROCEDURES FOR A
5 ZONE EXCEPTION PERMIT.
6 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
7 HEREBY ORDAIN AS FOLLOWS:
8 Section 1. The City Council finds and declares that to serve
9 the public health, safety and general welfare, it is desirable and
10 necessary to adopt, maintain and keep current a city master plan
11 to insure the orderly, planned use of land resources, and to this
12 end the Land Use Ordinance for the City of Costa Mesa has been
13 adopted, is current and is being enforced in the City of Costa Mes
14 The City Council further finds and declares that the purpose
15 and intent of the Land Use Ordinance in establishing zones and
16 limiting the uses of land therein is to classify, regulate,
17 restrict, and segregate the uses of land and buildings, to
18 regulate the height and bulk of buildings, to regulate the area
19 of yards and other open spaces about buildings and to regulate
20 the density of population, all to serve the public health, safety
21 and general welfare as heretofore set forth.
22 The City Council further finds and declares that in the
23 development of a Land Use Ordinance not all uses of land can
24 be listed or anticipated nor is it practical or desirable to do so
25 because of the continuous technological and cultural changes
26 taking place in our City which vitally effect people and land uses,
27 The City Council further finds and declares that strict inter
28 pretation of the Land Use Ordinance may and often does lead to
29 results which are inconsistent with the purpose and intent of
30 the Ordinance. The City Council further finds and declares that
31 such inconsistent results may be unfair to the persons having an
32 estate in the land involved, may result in practical difficulties
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I in land use and development, may fail to consider and provide for
2 technological and cultural changes in our City as they affect
3 land use, and may fail to recognize and provide for transitional
4 changes in character of use, all of which may and often do result
5 in irreparable harm and substantial injustice to persons having
6 an estate in the land involved and to other0affected by the
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7 proposed land use.
8 The City Council further finds and declares that it is in
9 the best interest of the City of Costa Mesa to protect certain
10 industrial zones in order to attract major industrial developers
11 and that for that reason the City Council should be authorized
12 from time to time to set aside, by resolution, its industrial
13 zones to which no exception should be made.
14 The City Council further finds and declares that relief from
15 the rigid, inflexible application of the Land Use Ordinance has
16 heretofore been provided for by Variance and Conditional Use
17 Permit which have similar purposes but separate and distinct
18 qualifications necessary for their granting. The Council further
19 finds and declares that the necessity for the distinction in
20 qualifications for either a Variance or a Conditional Use Permit
21 have substantially disappeared with the growth and development of
22 our City and the technological and cultural changes which occur it
23 our City as time passes and that no further necessity exists for
24 separate treatment of applications for relief from the Land Use
25 Ordinance.
26 Section 2. Accordingly, all of Division XVIII of Chapter IX,
27 Article 2 relating to Variances and Division XIX of Chapter IX,
28 Article 2 relating to Conditional Use Permits axe hereby repealed
29 and there is hereby created and adopted a new Division XVIII of
30 Chapter IX, Article 2 which shall read as follows:
31 DIVISION XVIII
32 ZONE EXCEPTION PERMIT
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1 Sec. 9299.1 ZONE EXCEPTION PERMIT
2 Whenever, by reason of exceptional or extraordinary
3 circumstances, the strict interpretation or inflexible application
4 of the Land Use Ordinance will lead to results which may be in-
s consistent with the intent and purpose of the ordinance, or which
6 may be unfair and lead to injustices, or which may lead to
7 practical difficulties in land use or development, or which may
8 unfairly exclude proper and accepted uses, a Zone Exception
9 Permit may be granted.
10 Sec. 9299.2 APPLICATION
11 The Planning Commission may, upon its own motion or
12 upon an application of the owner or others as hereinafter pro -
13 vided for, initiate proceedings for the consideration of a Zone
14 Exception Permit.
15 Sec. 9299.3 PROCEDURE
16 1. Application for a Zone Exception Permit shall
17 be made to the City Planning Commission in writing on forms pre -
18 scribed by the Planning Commission.
19 2. All applications for a Zone Exception Permit
20 under this section must be made and signed by the record owner
21 of the real property to be affected and said applications may
22 include, as a joint applicant, the signature of any lessee,
23 purchaser, renter or other party having an interest in the
24 property.
25 3. Fee schedule --Residential zone exception
26 request, except for minor deviations as outlined below:
27 (1) .01 sq.ft. 1st 10,000 sq.ft.
28 ..005 sq.ft. next 10,000 sq.ft.
29 .001 sq.ft. next 80,000 sq.ft.
30 .0005 sq.ft. all above 100,000 sq.ft.
31 (2) For all minor exceptions as outlined in 9299.12 of
32 the ordinance$, the fee shall be:
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1 $25.00 first exception request.
2 $ 5.00 each additional request per application.
3 (3) For all zone exception requests for industrial,
4 commercial or professional use (except residential in any of the
5 above zones where permitted by exception) the fee shall be as
6 follows:
7 $50.00 first exception request
8 $25.00 each additional request per application.
9 (4) For all exceptions on Tracts to be built, the fee shall
10 be as follows:
11 $50.00 first exception request
12 $25.00 second exception request
13 $10.00 third exception request
14 $ 1.00 each additional exception listed on said
15 application.
16 4. The applicant shall set forth in detail on
17 forms provided by the Commission:
18 (1) The reason for the requested Zone Exception Permit.
19 (2) The exceptional circumstances that the applicant, in
20 his request, feels are pertinent.
21 (3) All other information as may be required by the Planning
22 Commission or its authorized representative.
23 Sec.9299.4 INVESTIGATION.
24 The Planning Commission, through its staff, shall
25 investigate the facts bearing on each case and prepare a written
26 report which shall be provided to each Commissioner and Councilman
27 and to the applicant or applicants. The written report shall
28 include, but not necessarily be limited to, facts found,
29 recommendations of the staff, reasons for recommendations,
30 conditions proposed by the staff and any and all facts relevant
31 and material to the consideration of the application.
32 Sec. 9299.5 PUBLIC HEARING.
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upon receipt of an application for a Zone Exception
Permit, the Planning Department shall fix a time and place of
public hearing thereon not less than twenty (20) days nor more
than forty-five (45) days thereafter.
Sec. 9299.6 NOTICES.
1. Notice shall be published once in a newspaper
of general circulation, published in the City, not less than ten
(10) days before the date set by the Planning Department for the
hearing. The notice shall contain a brief and concise statement
of the nature of the application.
2. Notices shall be mailed not less than ten (10)
days prior to the date of the meeting to owners (whose names
appear on the County Assessor's roll) of property within three
hundred feet (300') of the external boundaries of the property
described in the application, and such notice shall contain a
brief and concise statement of the nature of the application.
3. Notices shall be posted not less than five (5)
days prior to the date of the meeting as follows:
One (1) card posted at center of property
concerned and one (1) card for each 100 feet on,
but in no event less than three (3) cards shall
be posted.
Sec. 9299.7 CONDITIONS NECESSARY TO GRANTING OF ZONE EXCEPTION
PERMIT.
The Commission, before it may grant a Zone
Exception Permit, must make a finding in writing that the evid,
presented substantially meets the following conditions:
(1) That exceptional or extraordinary circum-
stances existed justifying the granting of the permit and what
circumstances are.
(2) That the proposed use is substantially
compatible with uses permitted in the same general area and
would not be materially detrimental to other properties within
the area.
Q.IM
1 (3) That the granting of the Zone Exception
2 Permit will not be materially detrimental to the health, safety
3 and general welfare of the public or otherwise injurious to
4 property or improvements within the immediate neighborhood.
5 Sec. 9299.8 COMMISSION FINDINGS.
6 Within sixty (60) days after the conclusion of
7 the hearing, the Planning Commission shall render a decision
8 in writing. The Commission must extend this time only upon
9 agreement by statement to the Planning Commission at a regular
10 meeting of both proponents or opponents for a period of time
11 not to exceed three regular meetings.
12 Sec. 9299.9 CONDITIONS OF USE
13 The Commission, in recommending the granting of a
14 Zone Exception Permit, may establish reasonable conditions and
15 require such guarantee in writing - cash bonds, etc. - as they
16 deem necessary to assure compliance with said conditions to
17 assure that intent and purpose of this Article.
1S Sec. 9299.10 NOTICE OF DECISION
19 A written report of the decision of the Planning
20 Commission and a copy of the staff investigation report shall
21 immediately be filed with the City Council and mailed to the
22 applicant at the address shown on the application.
23 Sec. 9299.11 COUNCIL ACTION
24 1. Upon receipt of the decision of the Planning
25 Commision, the City Clerk shall set the matter on the agenda for
26 the next Council meeting, without further notice.
27 2. The City Council shall, by majority vote,
28 either grant or deny the Zone Exception Permit and may add to,
29 or eliminate or alter any conditions recommended by the Planning
30 Commission. The decision of the Council shall be final and no
31 additional hearings shall be permitted without first refiling
32 with the Planning Commission according to the prescribed fees.
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I Sec. 9299.12 PUBLIC HEARINGS NOTICED BY MAILING ONLY,
2 1. The Commission may recommend the granting of
3 the following Zone Exception Permits with a Public Hearing
4 notices by mailing only:
5 A. Reduction in Lot area requirements not to
6 exceed ten (10) percent of required lot sizes.
7 B. Reduction in all yard requirements which do
8 not exceed a total of fifty percent (50%) of any
9 single required yard area.
10 C. Additional height requirements which do not
11 exceed one story or ten (10) additional feet
12 D. Home occupation as outlined in the Land Use
13 Ordinance.
14 2. Said reduction or additions may be allowed
15 under this section when, in the opinion of the Planning Commission
16 or its authorized staff personnel, the circumstances come within
17 the provisions of Section 9299.1.
18 3. A Zone Exception Permit may also be granted
19 under this section for the reconstruction or remodeling of non-
20 conforming buildings which, in the City council's judgment after
21 recommendation by the Planning Commission' ,'will bring such
22 building and subsequent use into greater conformity with the use
23 permitted in the district.
24 Sec. 9299.13. TERMINATION OF ZONE EXCEPTION PERMIT,
25 1. The Zone Exception Permits herein
p granted are
26 applicable to land uses of particular parcels only and are not
27 the personal property of the owner of the land and cannot be
28 transferred, in any manner. Any attempted transfer will, without
29 further action on the part of the City, terminate and void said
30 permit.
31 2. Each Zone Exception Permit granted hereunder
32 shall terminate without further action on t:he part of the City unlss
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1 A. The construction authorized by said Zone
2 Exception Permit shall be commenced within one (1) year after
3 granting or longer if so stated in writing by Council after
4 recommendation by Planning Commission, but in no event to
5 exceed 24 months from date of approval of City Council, or
6 B. The occupancy of land or building authorized
7 by such permit has taken place within one hundred eighty (180)
8 days after granting of said permit, or
9 C. The project authorized by said Zone Exception
10 Permit is not completed prior to land transfer.
11 3. When circumstances beyond the control of the
12 applicant causes delays which do not permit compliance with time
13 limits as established, the Commission may recommend an extension
14 of time not to exceed one hundred eighty (180) days.
15 4. When an applicant does not comply with the
16 conditions as set forth in the approved application, the
17 Commission may, after a hearing, recommend a revocation of said
18 approved permit.
19 Sec. 9299.14
20 Provisions for Zone Exception Permits are
21 applicable to off street parking and to all zones within the
22 Land Use Ordinance except in the Industrial Zones and then only as
23 authorized from time to time, by resolutions, duly adopted by
24 the City Council.
25 Section 3. This ordinance shall take effect
26 immediately upon its adoption and shall within 15 days after its
27 passage be published once in the Orange Coast Daily Pilot, a
28 newspaper of general circulation, printed and published in the
29 City of Costa Mesa, together with the names of the members of
30 the City Council voting for and against �pthe same.
31 PASSED AND ADOPTED this day of neje , 1968.
32
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ATTEST:
City Clerk of the City of
Costa Mesa
STATE OF CALIFORNIA
Mayor of the City of L to
Mesa.
COUNTY OF ORANGE ) as.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -
officio Clerk of the City Council of the City of Costa Mesa, herel
certify that the above and foregoing Ordinance No.je-y/was intro-
duced'and considered section by section pt a regular meeting of
said City Council on the /S"' day of 1968, and
thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the day of_/�r�r,.,�ciz 1968, by
the following roll call vote:
AYES:
NOES:dti.t
ABSENT: /��G''"'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa, this day of
1968.
of the City Council of the City
of Costa Mesa.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I am a citizen of the United States and a resident of the
County aforesaid;) am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am the Legs.l Advertising Manager
of the ORANGE COAST DAILY PILOT, a newspaper of gen-
erol circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
Ordinance Nwiber bS—Jirl
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on December 6,196E
1 declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on Docclaber b lobs
at Costa Mesa, California.
gnaw..) cY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No. 68-41 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the i 8rh
day of Ngymber196..8, and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the Ind —day of no. -=,,,ho, 196$, by the
following roll -call vote:
AYES: COUNCILMEN . TUCKER WILSON ST. CLAIR JORDAN, PINKLEY
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
I FURTHER CERTIFY that said Ordinance No. 68-41 was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
6th day of December , 1968.
City Clerkand ex -officio Clerk of the City Council
of the City of Costa Mesa
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