Loading...
HomeMy WebLinkAbout09-13 - Zoning Code Amendment CO-09-09ORDINANCE NO. 09-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT CO -09-09 TO AMEND TITLE 13, CHAPTER III, PLANNING APPLICATIONS, OF THE COSTA MESA MUNICIPAL CODE, TO EXCLUDE THE DENSITY OF AFFORDABLE HOUSING PROJECTS FROM BEING SUBJECT TO DISCRETIONARY REVIEW DURING THE DESIGN REVIEW AND MASTER PLAN PROCESS. WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: TITLE 13. Title 13, Chapter Ill, Planning Applications, of the Costa Mesa Municipal Code is hereby amended as follows: a. Amend Section 13-29 (e), Review Criteria, as follows: "(e) Review criteria. Review criteria for all planning applications shall consist of the following: (1) Compatible and harmonious relationship between the proposed building ow and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. (2) Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation. (3) Compliance with any performance standards as prescribed elsewhere in this Zoning Code. (4) Consistency with the General Plan and any applicable specific plan. (5) The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. (6) When more than one planning application is proposed for a single development, the cumulative effect of all the planning applications shall be considered. (7) For residential developments, consistency with any applicable design guidelines adopted by City Council resolution. aw (8) For affordable multi -family housing developments which include a minimum of 15 affordable dwelling units at no less than 20 dwelling units per acre, the maximum density standards of the General Plan shall be applied, and the maximum density shall be permitted by right and not subject to discretionary review during the Design Review or Master Plan application process." b. Amend Section 13-29 (g)(5), Master pian findings, as follows: "(5) Master plan findings: a. The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. 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. C. As applicable to affordable multi -family housing developments, the project complies with the maximum density standards allowed pursuant to the General Plan and provides affordable housing to low - or very -low income households, as defined by the California Department of Housing and Community Development. The project includes long-term affordability covenants in compliance with State law. " c. Amend Section 13-29 (g)(14), Design review and minor design review findings, as "No follows: "(14) Design review and minor design review findings: a. The project complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the Residential Design Guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features. b. The visual prominence associated with the construction of a two- story house or addition in a predominately single -story neighborhood has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls. amw C. As applicable to affordable multi -family housing developments, the WW project complies with the maximum density standards allowed pursuant to the General Plan and provides affordable housing to low - or very -low income households, as defined by the California Department of Housing and Community Development. The project includes long-term affordability covenants in compliance with State law. " 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) (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. The provisions of this ordinance shall be applicable to new and existing off -sale license establishments as applicable. 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. wrr PASSED AND ADOPTED this 17th day of November, 2009. ATTEST: Julle/�olcik, CI y Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: lberl6"jy Hall Barlow, City Attorney uma 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 the above and foregoing Ordinance No. 09-13 was duly introduced for first reading at a regular meeting of the City Council held on the 3rd day of November, 2099, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 17th day of November, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN 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 18th day of November, 2009. Wo - 40 JUIA FOLCIK, CITY CLERK (SEAL) hereby certify that the above and foregoing is the original of Ordinance No. 09-13 duly passed and adopted by the Costa Mesa City Council at the regular meeting held November 17, 2009, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on November 11, 2009, and November 25, 2009. JUL,10 FOLCIK, CITY CLERK 6"