HomeMy WebLinkAbout09-04 - Residential Driveway Width StandardsORDINANCE NO. 09-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT CO -09-02 AMENDING TITLE 13
OF THE COSTA MESA MUNICIPAL CODE REGARDING
RESIDENTIAL DRIVEWAY WIDTH STANDARDS FOR
SPECIFIED SINGLE-FAMILY DETACHED HOMES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: TITLE 13. Title 13 of the Costa Mesa Municipal Code is hereby amended
as follows:
a. Amend Chapter I, Section 13-6, Definitions, by adding the following new
definitions:
"Driveway, individual —The paved area strictly leading to the
garage/carport of a residence. This paved area serves vehicle parking
purposes and does not extend beyond the garage/carport unless a
curvilinear design is necessary for the turning radius."
"Driveway, common — A paved area for vehicle circulation and parking
purposes which features joint use between two or more parties."
"Paved Area — Ground surface covered with cobblestone, clay -fired bricks,
concrete precast paver units, poured concrete with or without decorative
surface materials, or asphaltic or rubber mixture which may include sand,
stone, or gravel as an ingredient to create a hard surface. A graded natural
surface or one covered with rolled stone or overlaid with loose gravel is not
considered paved area."
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b. Amend the driveway width requirement of Table 13-32, as follows:
'TABLE 13-32 (TABLE EXCERPT OF DRIVEWAY WIDTH REQUIREMENT ONLYJ
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
R1
R2 -MD
I R2 -HD
I R3
For all individual driveways:
10 foot minimum width
Same as R1, except 16 -
For lots less than 50 feet wide:
foot minimum driveway is
Driveway width
26 foot maximum width'
required if the driveway
serves tenants and/or
For lots greater than 50 feet wide:
guest parking for more
Driveway width shall be a maximum of 50
than one dwelling unit.
percent of the lot width, or a maximum 36
foot width, whichever is less.'
1. The maximum driveway width standards are only applicable to the construction of new
single-family residences."
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the Citys environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the passage
of this ordinance amending the zoning code will have a significant effect on the
environment..
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 or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: APPLICABILITY. Any existing and legally established development prior to
the effective date of this ordinance is considered a legal, nonconforming development with
respect to the provisions of this ordinance. Thus, any provision or clause of this ordinance
shall not be retroactively applied. The provisions of this ordinance shall be applicable to
new development or existing development undergoing major structural alterations,
consistent with the development parameters regarding nonconforming uses,
developments, and lots in Chapter X of Title 13 of the Costa Mesa Municipal Code. The
provisions of this ordinance shall not be applied to any proposed project that has received
zoning approval prior to the effective date of this ordinance.
SECTION 5: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or '
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 6: PUBLICATION. 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 NEWPORT BEACH/COSTA MESA
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 5r" day of May, 2009.
ATTEST:
JQffe-Folcik, City Clerk
1
�*'Ilz�-
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
/4J
Kimberly Rall 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 the above and foregoing Ordinance No. 09-4 was duly introduced for first reading at
a regular meeting of the City Council held on the 21° day of April, 2009, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 5th day of May, 2009, by the following roll rail vote, to wit:
AYES:
COUNCIL MEMBERS:
MANSOOR, FOLEY, MONAHAN
NOES:
COUNCIL MEMBERS:
LEECE, BEVER
ABSENT:
COUNCIL MEMBERS:
NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 5th day of May, 2009.
(
JUIjJE FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 09-4 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held May 5,
2009, and that Summaries of the Ordinance were published in the Newport Beach -
Costa Mesa Daily Pilot on April 30, 2009 and May 13, 2009.
JUL*FOLCIK,'CITY CLERK