HomeMy WebLinkAbout05-03 - Add Regulations Regarding Seasonal Events and Landscaping RequirementsORDINANCE NO. 05-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA AMENDING TITLES 13 AND 20 OF THE COSTA
MESA MUNICIPAL CODE TO CLARIFY EXISTING DEFINITIONS AND
STANDARDS AND TO ADD REGULATIONS REGARDING SEASONAL
EVENTS AND LANDSCAPING REQUIREMENTS IN THE R1, SINGLE-
FAMILY RESIDENTIAL 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(b) through (d) to read as follows:
"(b) R2 -MD Multiple -Family Residential District, Medium Density. This district is intended
to promote the development of multi -family rental as well as ownership properties on lots
with a minimum size of 12,000 square feet. The maximum density allowed is 3,630
square feet per dwelling unit, which equals 12 dwelling units per gross acre. Legal lots
existing as of March 16, 1992 with a minimum lot area of 6,000 sq. ft. up to 7,260 sq. ft.
are allowed 2 dwelling units.
(c) R2 -HD Multiple -Family Residential District, High Density. This district is intended to
promote the development of multi -family rental as well as ownership dwelling units on lots with
a minimum size of 12,000 square feet. The maximum density allowed is 3,000 square feet
per dwelling unit, which equals 14.52 dwelling units per gross acre.
(d) R3 Multiple -Family Residential District. Like the R2 -MD and R2 -HD districts, this district is
intended to promote the development of multi -family rental as well as ownership dwelling units.
The required minimum lot size is 12,000 square feet. The maximum density allowed is 2,178
square feet per dwelling unit, which equals 20 dwelling units per gross acre."
b. Amend Section 13-28(f) to read as follows:
"(f) Lot line adjustment. Any adjustment to an existing lot line between two lots, where the
land taken from one lot is added to an abutting lot and/or where a greater number of lots
than originally existed is not created. A lot line adjustment may be used to combine no
more than four abutting lots"
C. Amend the following rows of Table 13-32 to read as follows:
-mat-E ism
RESIDENTIAL DEVELOPMENT STANDARDS
6?AtiCIM1ROS
R1
R24AD
R2 -HD
R3
$1EM KB °"N BUILOINGSANGACCESSORY BUILDINGS AND STRUCTURES (Minimum distances
given,uNesSdgler,tdee noted All Setbacks from Streets aro measured from the ultimate property line shown can
the Master Olin 'toHiphWays).
Side Interior property line: 5 feet. Note: Accessory structures that do not exceed 6Y2 feet in height in
the R1 zone or 15 feet in height in the other residential zones may have a
zero side setback.
Property line abutting a public street: 10 feet. Note: Driveways providing straight -in access from a
public street to a garage shall be at least 19 feet long, as measured from the property line.
Property line abutting an alley: 5 feet."
L ANDSCOR4G(Seealeo Chapter VIQ.
Landscaping All unpaved areas visible from
See Chapter VII, LANDSCAPING."
Required. the public right-of-way shall be
landscaped and the landscaping
shall be maintained in a healthy
condition, free of dying, dead,
diseased, decayed, discarded,
and/or overgrown vetation.
d. Delete Section 13-41(b)(4) in its entirety and reserve for future use.
"(4) Reserved."
e. Amend Section 1348 to include the following subsection:
"(c) Seasonal events that include live entertainment, dancing, and/or amplified music may be
allowed without a conditional use permit or live entertainment permit provided that it
complies with the following standards. Each establishment is limited to four nonconsecutive
events per calendar year.
(1) The event shall not exceed 1 day in duration;
(2) The event shall be conducted entirely indoors; and
(3) The event shall comply with Chapter XII NOISE CONTROL."
Amend the following rows of Table 13-58 to read as follows:
TABLE 13-58
PLANNED DEVELOPMENT STANDARDS
DEVELOOMEWSTANDARD
PDR -UD
PDRarNID
PDR -HD
PDR -NCM
.PDC
PDI
Maximum Density per Section 13-
8
12
20
35
20
59 MAXIMUM DENSITY
CRITERIA.
Note: The maximum
(dwelling units per acre)
density for 1901
Newport Boulevard
is 40 dwelling units
per acre.
Perimeter Open Space per
20 feet abutting all public rights-of-way, excluding alleys (may be reduced in the PDC
Section 13-61 PERIMETER
and PDR -NCM zones pursuant to Section 13-61 PERIMETER OPEN SPACE
OPEN SPACE CRITERIA.
CRITERIA).
Amend Section 13-75(a) through (e) to read as follows:
"Sec. 13-75. FENCES AND WALLS
(a) In residential zones, including planned development, except R-1: All interior property lines of
the master development lot shall have 6 -foot high solid opaque walls or fences that conform
to the City's Walls, Fences and Landscaping Standards.
(b) In commercial zones, including planned development: All interior property lines abutting
residentially -zoned property shall have solid masonry walls, at least 6 feet but no more than
8 feet in height, unless an environmental study requires additional height.
(c) In industrial zones, including planned development: A solid masonry wall, at least 6 feet in
height shall be constructed along all property lines which abut a residential or commercial
zone. The maximum wall height shall not exceed 8 feet, unless an environmental study
requires additional height.
(d) If a fence or wall is constructed adjacent to a public street, the fence or wall shall be
approved by the Planning Division in terms of its compatibility and harmony with the
proposed building and site development and buildings and site developments existing or
approved for the general neighborhood. For arterial streets that are adjacent to residential
developments, new arterial walls shall comply with the City's Streetscape and Median
Development Standards. No fence or wall located in any street setback shall obscure the
required street setback landscaping in the commercial and industrial zones.
(e) Fences and walls placed on interior property lines or between the property line and the
required setback line for main buildings shall conform to the City's Walls, Fences and
Landscaping Standards"
h. Amend Section 13-205(b)(1) and (20) to read as follows:
"Sec. 13-205 PROVISIONS FOR MULTI -FAMILY ZONES FOR REBUILDING AFTER
VOLUNTARY DESTRUCTION
(1) Provision of garages instead of carports for greater security.
(20) Other amenities that enhance the project and the overall neighborhood"
Amend Section 20-7(o) to read as follows:
(o) "Landscaping. With the exception of R-1 properties, all landscaping on the property shall
be maintained pursuant to Section 13-1013 LANDSCAPE MAINTENANCE of this Code.
For R-1 properties, all unpaved areas visible from the public right-of-way shall be
landscaped and the landscaping shall be maintained in a healthy condition free of dying,
dead, diseased, decayed, discarded and/or overgrown vegetation"
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 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 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 7th day of February, 2005.
ATTEST:
s
Deputy W Clerk of the City of Costa Mesa
7,
Mayor of the City of Costa Mesa
APPROVED AS •RM
1'
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. 05-3 was introduced
and considered section by section at a regular meeting of said City Council held on the 18�
day of January, 2005, and thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the 7th day of February, 2005, by the following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon, Foley
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 8th day of February, 2005.
Dep City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa