HomeMy WebLinkAbout03-04 Review Requirements for Accessory ApartmentsORDINANCE NO. 034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF
THE COSTA MESA MUNICIPAL CODE REGARDING
REVIEW REQUIREMENTS FOR ACCESSORY
APARTMENTS.
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 13-28(e)(3) as follows:
"(3) Granny units in an R1 zone;"
b. Amend Section 13-35 as follows:
"Sec. 13-35 Accessory apartments
Requests for the construction of, or conversion of an existing structure to an
accessory apartment shall meet the criteria specified in State Government Code
Section 65852.2(b)(1) and the following criteria:
(a) One dwelling unit on the property shall be owner occupied. A "Notice and
Declaration of land use restriction" to this effect shall be signed and recorded
prior to issuance of building permits for the accessory apartment.
(b) Accessory apartments shall be limited to those lots large enough to support
two units without exceeding the general plan density of units per acre for the
lots on which they are located.
(c) Two open parking spaces shall be provided for the accessory apartment.
(d) Accessory apartments shall comply with this zoning code's required
setbacks for main buildings shown in Table 13-32 and shall be located a
minimum of ten feet from any main building and a minimum of six feet from
any accessory building.
(e) Second -story construction to accommodate an accessory apartment shall
be subject to minor design review and all applicable residential design
guidelines."
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. 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such inconsistencies and no further, is hereby repealed or modified to that extent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. Publication. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published and
posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect thirty (30) days after its final passage.
PASSED AND ADOPTED this 2n° day of June, 2003
Depu ity Clerk of the
City o Costa Mesa
APPROVED AS TO FORM:
CT�t�*
CityAttorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, Deputy City Clerk and ex -officio clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
No. 03-4 was introduced and considered section by section at a regular meeting
of said City Council held on the 19"' day of May, 2003, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the 2ntl day
of June, 2003, by the following roll call vote:
AYES: Monahan, Cowan, Mansoor, Scheafer
NOES: Mone
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this V day of June, 2003.
Q42
Deputy (ty Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa