HomeMy WebLinkAbout06-09 - Amending Code to Establish a Mixed-Use Overlay DistrictORDINANCE NO. 06-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF
THE COSTA MESA MUNICIPAL CODE TO ESTABLISH A
MIXED-USE OVERLAY DISTRICT.
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 13-20 to include the following subparagraph:
"(s) MU Mixed -Use Overlay. This district may overlay the R2 -MD, R2 -HD,
R3, CL, C1, C2, MG, PDR -HD, PDR -MD, or I&R districts, and it is
intended to allow development of residential and nonresidential uses as
mixed, integrated projects. This overlay district shall only be applied to
the Zoning Map in conjunction with the adoption of an urban plan for the
designated area. The urban plan is a regulating plan that shall define the
unique characteristics of the overlay area, include a matrix of permitted,
conditionally permitted, and prohibited uses and provide development
standards. The provisions of the mixed-use overlay shall be activated by
adoption of a master plan."
b. Amend Section 13-28(g) as follows:
"(g) Master plan. Prior to development in the Planned Development (PD), Town
Center (TC), Shopping Center (C1 -S), Mixed -Use Overlay (MU), and both
Institutional and Recreational (I&R and I&R-S) zoning districts, a master
plan is required. Preliminary master plans are required in the TC zone, are
optional in PD and MU zones, and are not required in C1 -S, I&R-S, and I&R
zones.
(1) Minor changes: Minor changes in the location, siting or character of
buildings and structures may be authorized by the Planning Division
if required by the final engineering or other circumstances not
foreseen at the time the master plan was approved. No change
authorized under this section may cause any of the following:
a. A change in the use or character of the development;
b. An increase in the overall density or floor area ratio of the
development;
C. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and
bicycle circulation and utility networks; or
g. A reduction in required street pavement widths.
h. An increase of more than 6" in building height.
i. A decrease in building setback greater than can be approved
by a minor modification by the Development Services
Director.
(2) Maior amendments: Substantial amendments to the master plan
encompassing one or more of the minor changes listed in
subparagraphs (1 a) through (1 i), or any proposed change determined
by the Development Services Director as a major amendment, shall be
subject to review and approval by the Zoning Administrator.
Furthermore, if the major amendment results in an overall building
square footage that exceeds the maximum density or building square
footage allowed by the approved master plan, the Zoning
Administrator must find that the major amendment is consistent with
the density, floor area ratio, and trip budget standards established by
the General Plan, as applicable.
(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, MU,
I&R, and 1&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.
(4) Mixed -Use Development Plan Screening Application.
Applicants for residential or mixed-use development projects in a
mixed-use overlay district shall submit a screening application for
consideration by City Council at a public meeting. No other concurrent
application for development may be submitted for processing until City
Council comments have been received. The purpose of the screening
application is to receive City Council comments on the merits and
appropriateness of the proposed development. No other action on the
screening application will be taken by City Council. The submittal
requirements for the screening review are specified on the City's
planning application form, and the City Council's review comments on
the proposed project for processing shall not set precedent for
approval of the master plan"
C. Amend 13-29(g)(5), Master Plan findings, to include the following:
"b. Master Plan findings for mixed-use development projects in the mixed-use
overlay district are identified in CHAPTER V, ARTICLE 11, MIXED-USE
OVERLAY DISTRICT."
d. Amend Section 13-30 to include the following reference:
"(g) For the mixed-use overlay district located in an urban plan area, please refer
to the appropriate urban plan text for additional regulations related to
development standards and allowable land uses as applicable."
e. Amend Chapter V to add the following article:
ARTICLE 11. MIXED-USE OVERLAY DISTRICT
Sec. 13-83.50. PURPOSE
It is the purpose and intent of this article:
(a) To meet General Plan goals to create new housing opportunities in
commercial, industrial, and residential areas by allowing mixed-use
developments that exhibit excellence in design, site planning, integration of
uses and structures, and protect the integrity of neighboring development.
(b) To encourage mixed-use development projects, as allowed by an adopted
urban plan, that combines residential and nonresidential uses, including
office, retail, business services, personal services, public spaces and uses,
and other community amenities as a means to revitalize a defined area in
the city without exceeding the development capacity of the General Plan
transportation system.
(c) To encourage a full array of different land use types and structures,
including reuse of existing structures, to create an active city life and
enhance business vitality.
(d) To ensure the appearance of buildings complementary to the existing
architectural character of the area in which they are located and that on-site
residential and nonresidential uses are compatible.
(e) To ensure compatibility of mixed-use development projects with existing
and future allowable development in surrounding zoning districts.
(f) To allow residents of a live/work unit, including artists, designers,
craftspeople, professionals and small-business entrepreneurs, to maintain a
business and living space under common ownership.
(g) To allow conversion of commercial or industrial properties to residential
developments pursuant to the standards of an adopted urban plan.
Sec. 13-83.51. DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the
meanings assigned to them in this section, except where the context clearly
indicates a different meaning.
Base zoning district. A zoning district identified as R2 -MD, R2 -HD, R3, PDR -
MD, PDR -HD, CL, C1, C2, MG, or AR within which only certain land uses and
structures are permitted, or conditionally permitted, and certain regulations are
established for development of land.
LiveMork Unit A type of mixed-use development with an integrated residence
and working space that is occupied/utilized by a single household in a structure
and that is located in a building that has been designed or structurally modified to
accommodate joint residential occupancy and work activity.
Mixed-use building. A building that is occupied, arranged, designed, or
intended for combinations of land uses; including but not limited to residential,
commercial, office, civic, cultural, educational, or recreational uses. A mixed-use
building contains residential and nonresidential uses where the dwelling units are
typically located on the upper levels and the nonresidential uses on the lower
levels of the building. A mixed-use building may also consist of live/work units
under a common ownership or residential units that may be owned and occupied
separately from the nonresidential space.
Mixed-use development. A development that includes the following: (a)
nonresidential and residential uses on the same development site, such as but
not limited to, residential, office, retail, or public uses; (b) nonresidential and
residential units are not necessarily located in the same building.
Overlay Zone. A zoning district that applies another set of zoning provisions to a
specified area within an existing zoning district. The overlay zone supercedes
the zoning regulations of the base zoning district, unless otherwise indicated.
Urban Plan. A regulating document that sets forth allowable uses, development
standards, and land use regulations relating to the nature and extent of land
uses and structures.
rd
Sec. 13-83.52. MIXED-USE DEVELOPMENT TYPES
The adopted urban plan shall identify the appropriate mixed-use type for the
overlay area. These types may include the following:
(a) Live/Work Unit. A type of mixed-use development that combines work and
living quarters in the same building that has been designed or structurally
modified to accommodate joint residential occupancy and work activity by a
single household.
A livetwork unit consists of the following:
(1) Living/sleeping area, kitchen, and sanitary facilities in conformance
with the State Building Code; and
(2) Adequate working space accessible from the living area, reserved
for, and regularly used by, one or more of the persons residing in the
space.
(b) Commercial/Residential Unit A type of vertical mixed-use development
where nonresidential and residential uses are located in the same building
and where the dwelling units are typically located on the upper levels and
the nonresidential uses are located on the lower levels. Persons residing in
the residential component do not necessarily work in or own any portion of
the nonresidential component. This product type may also be designed so
that nonresidential and residential uses are located adjacent to one another
on the same or adjoining lots of the same development site and in separate
buildings.
(c) Residential Unit A residential unit located in a larger residential
development.
Sec. 13-83.52. APPLICATION REVIEW PROCEDURES IN MIXED-USE
OVERLAY DISTRICT
(a) Mixed -Use Development Plan Screening Application required. All
residential and mixed-use development projects proposed in the mixed-use
overlay district shall submit a screening application for consideration by City
Council, as described in Section 13-28(g)(4) of the Zoning Code.
(b) Master Plan required. All development proposed in the mixed-use overlay
district requires approval of a master plan pursuant to CHAPTER III
PLANNING APPLICATIONS. The final review authority for the master plan
shall be the Planning Commission. Refer to Section 13-28(g), master plan,
regarding the following: preliminary master plans and amendments to the
master plan.
(c) Master Plan Findings for Mixed -Use Overlay District. The approval of
the master plan for a residential or mixed-use development project in the
mixed-use overlay district shall be subject to the following findings:
(1) The project is consistent with the General Plan, meets the purpose
and intent of the mixed-use overlay district, and the stated policies of
the Urban Plan as applicable.
(2) The project includes adequate resident -serving amenities in the
common open space areas and/or private open space areas in
areas including, but not limited to, patios, balconies, roof terraces,
walkways, and landscaped areas.
(3) The project is consistent with the compatibility standards for
residential development in that it provides adequate protection for
residents from excessive noise, odors, vibration, light and glare, and
toxic emanations.
(4) The proposed residences have adequate separation and screening
from adjacent commerciaUndustrial uses through site planning
considerations, structural features, landscaping, and perimeter walls.
(d) Deviation from Development Standards. A deviation from the mixed-use
development standards may be approved through the master plan process
provided that the following findings are made.
(1) The strict interpretation and application of the mixed-use overlay
district's development standards would result in practical difficulty
inconsistent with the purpose and intent of the General Plan and
Urban Plan, while the deviation to the regulation allows for a
development that better achieves the purposes and intent of the
General Plan and Urban Plan.
(2) The granting of a deviation results in a mixed-use development
which exhibits excellence in design, site planning, integration of uses
and structures and compatibility standards for residential
development.
(3) The granting of a deviation will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
Sec. 13-83.53. MIXED-USE DEVELOPMENT STANDARDS
The development regulations of the base zoning district shall be superseded by
the overlay district standards in this article or in the adopted urban plan, unless
otherwise noted.
(a) Floor -Area -Ratio (FAR). As established by the General Plan, the maximum
FAR for mixed-use development is 1.0. An increase to 1.25 FAR may be
allowed for mixed-use developments that exhibit design excellence and are
consistent with the deviation findings described in Section 13-83.52 of the Zoning
Code.
(b) Allowable Uses. Allowable and prohibited uses shall be determined in the
adopted urban plan for the mixed-use overlay area.
(c) Residential Component.
(1) Location. In vertical mixed-use developments, residential uses shall
be limited to floors above or behind the lower -level nonresidential
uses. Lobbies, entryways, and other nonhabitable space for
residential uses may be located on the street level. In horizontal
mixed-use projects, siting commercial uses along the public frontage
is recommended.
(2) Common Open Space. The common open space areas with
resident -serving amenities should be centrally located within the
development as an internal courtyard/common area shielded by on-
site structures and should be accessed by the residents through
landscaped walkways.
(3) Single-family detached residences. A small lot, single-family
detached residential development is prohibited in a mixed-use
development unless otherwise indicated in the Urban Plan.
(4) Ownership required. For live/work lofts, the residential space shall
not be sold, rented, or leased as a separate living unit from the
nonresidential space, either as a condominium or community
apartment. No portion of any live/work unit shall be further divided
for purposes of leasing, subleasing, or renting. The residential space
of the live/work loft must be occupied by the same individual(s) who
are conducting business activity in the nonresidential space. In
mixed-use developments where nonresidential and residential units
are distinctly located in individual units, these units may be held
under separate ownership/occupancy.
(d) Nonresidential component
(1) Location. Vertical mixed-use buildings shall be comprised of
nonresidential uses limited to the ground or lower levels of a mixed-
use building. Mixed-use buildings shall be located so as to be
accessible in a manner that does not create traffic congestion or
hazards to any street. Location of off-street parking and loading
areas shall be determined as appropriate to the particular mixed-use
development. Consideration shall be given to anticipated pedestrian,
bicycle, and vehicular traffic, adjacent development that may provide
multiple use of off-street parking facilities and the types of
commercial use provided.
(2) Project design features. The nonresidential component of the
mixed-use development shall incorporate parking areas, service
areas, buffers, entrances, exits, yards, courts, landscaping, graphics
and lighting as integrated portions of the overall mixed-use
development.
(e) Planned signing program. A planned signing program is required for any
nonresidential component of a mixed-use development.
(f) Additional development standards. The adopted urban plan shall
contain development standards that are applicable to a particular
mixed-use overlay area.
Sec. 13-83.64. MIXED-USE COMPATIBILITY STANDARDS
The following standards are intended to ensure compatibility of uses in the
mixed-use overlay district.
(a) Restriction on activities. Commercial or light industrial uses within mixed-
use development projects shall be designed and operated, hours of
operation limited, so that residents are not exposed to offensive noise,
including noise from traffic, trash collection, routine deliveries or late night
activity. Deliveries from heavy trucks at the project site between 8:00 p.m.
and 6:00 a.m. should be expressly prohibited.
(b) Noise and Groundborne Vibrations. Title 13, Chapter XIII, Noise Control, of
the Costa Mesa Municipal Code provides a definition of exterior areas of
multi -family residential projects in residential and mixed-use developments
within the Mixed -Use Overlay District. All residential development within the
Mixed -Use Overlay District are subject to the City's interior and exterior
residential noise standards as applicable and the Lmax standard for
residential interior exposure, as indicated in Chapter XIII of Title 13.
Residential uses should be oriented away from odor -generating structures
and loading docks used by heavy trucks.
(c) Lighting. Outdoor lighting associated with industrial/commercial uses
should not adversely impact adjacent residential uses, but should provide
sufficient illumination for use, access, and security. Such lighting should not
blink, flash, or oscillate.
(d) Windows. Residential building windows abutting industrial or commercial
uses should not directly face windows of these adjacent properties unless
privacy tinting, architectural elements, structures, landscaping, or other
features provide adequate screening and privacy protection.
(e) Security. Residential units should be designed to ensure the security of
residents through the provision of secured entrances and exits that are
separate from the non-residential uses on the same site. Residential units
should be directly accessible to parking areas. Non-residential and
residential uses should not have common entrance hallways or common
balconies. These separations should be shown on the development plan
and the separations should be permanently maintained.
See. 13-83.55. PHASED MIXED-USE DEVELOPMENTS
If the sequence of construction of various portions of the master plan is
to occur in stages, then the open space and/or recreational facilities
should be developed in proportion to the number of live/work and/or
dwelling units intended to be developed during any given stage of
construction."
Amend Section 13-86 as follows:
"Sec. 13-86. PARKING REQUIRED IN MIXED-USE OVERLAY ZONE.
In the mixed-use overlay zone, residential parking rates are provided in the
applicable urban plan."
g. Amend the following row of Table 13-89 as indicated:
Mixed Use Developments When there are mixed uses within a single
development which share the same
parking facilities, the total requirement for
parking should be determined as outlined
in "City of Costa Mesa Procedure for
Determining Shared Parking
Requirements" which are included herein
by this reference and which may be
amended from time to time by resolution of
the City Council. A greater reduction in
parking than would be allowed under this
procedure may be approved by minor
conditional use permit where it can be
demonstrated that less parking is needed
due to the hours of operation or other
unusual features of the users involved.
For mixed-use developments located in the
Mixed -Use Overlay zone, refer to the
applicable urban plan for parking rates.
h. Amend Section 13-105 by adding the following new text:
"Section 13-105 (b) (2A) Mixed -Use Overlay Zone: Landscaping should
predominately consist of California native plants and should be provided as
described in the appropriate Urban Plan document."
Amend Table 13-115, Sign Regulations, to include the following new text:
"SIGNAGE IN MIXED-USE OVERLAY DISTRICT — Refer to the appropriate
Urban Plan for signage regulations in the mixed-use overlay district."
Amend Chapter XII, Noise Control, by adding the following text:
"Section 13-278 Definitions
Exterior residential noise environment. The exterior environs of a residential
development which include private yard of single-family residence, multi -family private
patio or balcony which is served by means of exit from inside the dwelling, private
balconies greater than 6 feet in depth, and common open space areas containing
resident -serving amenities (i.e. pool, spa, tennis courts). Exception: For multi -family
residential development or live/work units approved pursuant to a Master Plan in a
Mixed -Use Overlay District where the base zoning district is nonresidential, the exterior
residential noise environment does not include the following areas: private balconies or
patios regardless of size, private or community roof decks/roof terraces, internal
courtyards and landscaped walkways that do not include resident -serving, active
recreational uses such as community pool, spa, tennis courts, barbeque, and picnic
areas.
Interior residential noise environment. The interior environs of a residential
dwelling unit or live/work unit which includes all interior spaces such as, but not limited
to, bathrooms, closets, corridors, kitchen, living room/family room, bedrooms, playroom,
and office."
k. Amend Chapter XII, Noise Control, by adding the following text to Section 13-280
Exterior Noise Standards:
"(d) The exterior noise standards shown in subsection (a) shall not apply to the
following exterior areas of multi -family residential development or live/work units located
within a Mixed -Use Overlay District where the base zoning district is nonresidential,
approved pursuant to a Master Plan, and subject to the land use regulations of an
Urban Plan:
(1) Private balconies or patios regardless of size;
(2) Private or community roof decks/roof terraces;
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(3) Internal courtyards and landscaped walkways that do not include resident -
serving, active recreational uses such as community pool, spa, tennis courts,
barbeque, and picnic areas."
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 a mitigated negative
declaration has been approved by the City Council by separate resolution.
Section 3. 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 the extent
necessary to affect the provisions of this Ordinance.
Section 4. 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 5: This Ordinance shall take effect and be in full force thirty (30) days from and
after the passage thereof and prior to the expiration of fifteen (15) days from its
passage shall be published once in the ORANGE COAST DAILY 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 and member of the City Council voting for and against the
same.
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PASSED AND ADOPTED this 18Th day of April 2006.
ATTEST:
WOW i_ i
tr i 0:i
Allan' . Mansoor, Mayor
APPROVED AS TO FORM:
Ki nberly`Hall Barlow, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA 1
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing Ordinance No. 06-9 was duly introduced for first reading at a regular
meeting of the City Council held on the 4' day of April, 2006, and that thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council held
on the W day of April, 2006, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, AND FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MONAHAN
I�
PR FOLCIK,
(SEAL)
I HEREBY CERTIFY that this is the original of Ordinance No. 06-9 duly passed and
adopted by the Costa Mesa City Council at the regular meeting held April 18, 2006, and
that Summaries of the Ordinance were published in the Daily Pilot on April 12 and 25,
2006.
JU OLCIK,CITYCLERK
(SEAL)
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