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HomeMy WebLinkAbout06-22 - Review Procedures for Second-Story Additions in Planned Development ZonesORDINANCE NO. 06-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13, CHAPTER V, ARTICLE 6 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE REVIEW PROCEDURES FOR RESIDENTIAL SECOND -STORY ADDITIONS IN PLANNED DEVELOPMENT ZONES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 13, Chapter V, Article 6 of the Costa Mesa Municipal Code is hereby amended to read as follows: Amend Section 13-56.(c)(2) as follows: (2) Residential buildings — second story additions. In cases where the master plan does not include criteria for future second -story additions, the Planning Division may approve any proposed second -story addition that meets the setback standards established in subjection (1) and all of the following criteria. Any second -story addition that does not meet all of the following criteria will be subject to minor design review. a. Complies with residential design guidelines adopted by the City Council; and b. Does not materially affect the required open space, site coverage, or parking of the planned development. 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 pursuant to Section 15061 (b)(3) of the CEQA Guidelines. 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.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. PASSED AND ADOPTED this 14th day of November, 2006. Allan R. Mansoor, Mayor ATTEST: APPROVED AS TO FORM,: J o cik, City Clerk Kimberly Hall 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. 06-22 and was duly introduced for first reading at a regular meeting of the City Council held on the 17" day of October, 2006, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 141" day of November, 2006, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: DIXON IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 151" day of November, 2006. Cl� 1262 JULIE FOLCI , CITY CLERK (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 06-22 duly passed and adopted by the Costa Mesa City Council at the regular meeting held November 14, 2006, and that Summaries of the Ordinance were published in the Daily Pilot on October 25 and November 22, 2006. JULILrFOLCIK, CITY CLERK (SEAL) -