HomeMy WebLinkAbout07-06 - Allowance for Existing Industrially Zoned Parcels to be Subdivided into Industrial CondominiumsORDINANCE 07-6
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
PLACING A MORATORIUM ON THE APPROVAL OF ANY
SUBDIVISIONS, USE PERMITS, VARIANCES, OR ANY
OTHER APPLICABLE ENTITLEMENT WHICH WOULD
ALLOW FOR EXISTING INDUSTRIALLY ZONED PARCELS
TO BE SUBDIVIDED INTO INDUSTRIAL CONDOMINIUMS
IN THE CITY OF COSTA MESA.
WHEREAS, City Council recently adopted comprehensive overlay zones in several
areas zoned primarily for industrial uses in the City of Costa Mesa; and
WHEREAS, since the adoption of the overlay zones, several applications have been
submitted, processed and/or approved for conversion of existing industrial parks into
industrial condominiums; and
WHEREAS, conversion of large parcels into multiple airspace parcels capable of
separate ownership may have the unintended consequence of interfering with property
owners' rights to take advantage of the recently adopted overlay zones and the
development incentives which accompany them; and
WHEREAS, the City's current zoning code contains no development standards or
discretionary review process for industrial condominium conversions to ensure that non-
conforming industrial property is brought to current code and that assessment is made of
the conversion's possible impacts to the surrounding properties and to ensure that such
conversions are occurring in appropriate locations; and
WHEREAS, City staff has indicated that it needs time to conduct studies and public
hearings relating to the issue of industrial condominium conversions to determine whether
they should be subject to discretionary review process, and/or whether development
standards should be implemented for such conversions, whether such conversions should
be precluded in certain overlay zone areas, or whether the underlying zoning should be
changed in any portions of the overlay zone areas; and
WHEREAS, the City Council finds that there is a current and immediate threatto the
public health, safety, or welfare from the approval of entitlements or permits relating to
industrial condominium conversions in the City; and
WHEREAS, the City Council finds that a moratorium temporarily prohibiting the
issuance of subdivisions, use permits, variances, or any other applicable entitlement which
would allow for industrial condominium conversions in the City would best serve the public
health, safety, and welfare, while the City conducts necessary research into the adequacy
of the existing industrial conversion entitlement process, the possibility of creating a
discretionary review process, crafting and adopting development standards for such
conversions, and assessing the impact of such conversions on properties within overlay
zones.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS
FOLLOWS:
Section 1
1. In order to protect the public health, safety, and welfare and pursuant to the
provisions of California Government Code Section 65858, a moratorium is
hereby placed on the following:
The approval of any subdivision, use permit, variance, or any other
applicable entitlement for the subdivision of existing industrially zoned
parcels into industrial condominiums in the City of Costa Mesa
2. This moratorium shall be effective immediately upon adoption and shall
remain in effect for forty-five (45) days, but may be extended after notice,
pursuant to California Government Code Section 65090, and public hearing,
for an additional period of ten (10) months and fifteen (15) days and
subsequently extend the interim ordinance for one (1) year, when findings
are made that there is a current and immediate threat to public health,
safety, or welfare, pursuant to California Government Code Section
65858(c).
3. This urgency is based on the following facts:
(a) The City has recently received, processed and/or
approved several industrial condominium conversion
applications.
(b) The City Council recently adopted comprehensive
overlay zones for many of the industrial areas of the city
after years of planning, study, and environmental
review.
(c) The conversion of single large industrially zoned lots
into multiple small lots under separate ownership may
have a detrimental impact on the ability of present and
future property owners to take advantage of the
development incentives provided by the overlay zones.
(d) There are currently no comprehensive discretionary
review processes or development standards in place in
the City of Costa Mesa zoning codes relating to
conversion of industrial parcels to industrial airspace
condominiums.
(e) The City of Costa Mesa requires time to conduct a
comprehensive study to ensure the adequacy of the
current review and approval process for industrial
condominium conversions, to determine whether new
processes or standards should be implemented, or
whether some of the property currently zoned for
industrial use should be rezoned or whether industrial
condominium conversions should be prohibited in some
or all of the areas of the overlay zones.
(f) The City of Costa Mesa also requires time to decide if
the public health, safety, and general welfare would be
better served by revising the overlay zones to address
industrial condominium conversions or to otherwise
revise regulations relating to development therein.
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, 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 4. The City Clerk shall certify to the passage and adoption of this
ordinance, by at least a four-fifths vote of the City Council, and shall cause the
ordinance to be published in the manner required by law. This ordinance shall
become effective immediately from and after its passage.
PASSED AND ADOPTED this 20r" day of March, 2007.
Allan R. Mansoor, Mayor
ATTEST:
APPROVED AS TO FORM:
Kimberly H II Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing is the original of Ordinance No. 07-6 and was duly introduced for first
reading and was duly passed and adopted at a regular meeting of the City Council held
on the 20"' day of March, 2007, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 21$' day of March, 2007.
JULIEYOLCIK, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 07-6 duly passed and
adopted by the Costa Mesa City Council at the regular meeting held March 20, 2007,
and that the Ordinance was published in the Newport Beach -Costa Mesa Daily Pilot on
March 28, 2007.
JULIE FOLCIK, CITY CLERK