HomeMy WebLinkAbout- PH-1 - Code Amendment CO-13-04- Small Lot Subdi - 3/4/2018CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 4, 2014 ITEM NUMBER:
SUBJECT: CODE AMENDMENT CO -13-04— SMALL LOT SUBDIVISION ORDINANCE
DATE: FEBRUARY 18, 2014
FROM: DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION
FOR FURTHER INFORMATION CONTACT: GARY ARMSTRONG, AICP, Economic and
Development Services Director / Deputy CEO,
714-754-5182 - gary.armstronq(cD_costamesaca.gov
RECOMMENDED ACTION
Recommend that City Council approve and give first reading of an ordinance adding new
regulations for small lot subdivisions in multiple family residential zones and urban plan
areas.
BACKGROUND
On September 10, 2013, a study session was held with the City Council and Planning
Commission that was attended by the public and homebuilders. Staff was directed to
prepare a "Small Lot Subdivision" ordinance with photos of potential development for
consideration by Planning Commission.
On December 9, 2013, and January 27, 2014, the Planning Commission held public
hearings to review the draft ordinance and recommended that the City Council adopt
the ordinance as drafted. The proposed ordinance is not intended to increase the density
in any of the multiple family residential zones, modify the minimum requirement for
parking spaces, or change the approval process for small subdivisions.
A full discussion of the background information was included in the December 9t" staff
report available at the following link:
http://www.costamesaca.gov/ftp/p Ian ningcommission/agenda/2013/2013-12-09/PH-9.pdf
ADDED REVISIONS
Since the Planning Commission hearing, new proposals for subdivision of single narrow
lots in R2 -MD zone with two parcels taking direct access from the street were proposed
by developers. This configuration typically referred to as "flag lot" is generally
discouraged in single family residential (R1) district and creates a long narrow driveway
for vehicles to back out in order to reach the street. The following criteria will be
applicable to flag lots:
• The existing requirement for a maximum back out length of 100 feet and
providing an on-site turnaround space per Parking Design Standards.
• Minimum lot width of 20 feet
• 50% maximum front yard hardscape
• Adequate distance between driveways
• ADA approved drive aprons.
Current Requirements - Common Interest Development
The City currently has regulations in place for residential subdivisions referred to as
"Common Interest Development Standards." Common Interest Developments are
permitted in all multi -family residential zoning districts. The standards include various
provisions such as requirement of a common lot (typically a landscape street setback and
common drive), minimum lot size and average lot size standards, as well as regulations
related to formation of a homeowners association. The current requirements are
applicable to both detached and attached products. While these standards have been
practical for larger developments; they have been challenging for smaller subdivisions.
Most small subdivisions require approval of several variance and administrative
adjustments to allow development of small detached units on small lots. The following is a
list of development standards and required documents that are proposed to be revised
with the proposed Small Lot Subdivision Ordinance:
• Common lot requirement - The current common interest development standards
require that all projects be designed with a minimum of one common lot, in
common ownership and maintained by a homeowners association. This lot is
required to contain common driveways, parking areas, and the front 10 feet of
the landscaped street setback.
• Minimum distance between buildings - A 10 -foot minimum between main
buildings and a 6 -foot minimum separation between main buildings and
accessory structures is required.
• Minimum open space - All subdivisions are required to provide a minimum 40% of
total lot area as open space. Open space excludes driveways and common
hardscape areas. In addition, each individual lot is required to provide a
minimum of 400 square -foot private open space area with no dimension less
than 15 feet.
• Minimum Lot size — The minimum lot size is 3,000 square feet with an overall
average of 3,500 square feet. The required common lot is not included in the
calculation of lot area.
• Rear yard setback — A 20- foot minimum rear setback is required for the second
floor of two-story structures in medium density and a minimum 15- foot for high
density zones.
Parking regulations are proposed to be revised; however, the required number of parking
spaces will not be decreased. Subdivisions of four or more units are required to provide
open parking spaces accessible to all residents in the community and not in front of the
garages.
In addition, the Common Interest Development Standards include specific provisions with
respect to maintenance requirements and homeowners associations are proposed to be
revised. All subdivisions are required to record CC&Rs that would include a plan for
permanent care and maintenance of open spaces, recreational areas, and common
facilities pursuant to State law (Civil Code 1350-1359).
ANALYSIS
The purpose and intent of the small lot ordinance is to promote affordable ownership
housing by providing more flexible development standards and maintenance mechanisms
for underutilized multi -family residential lots within the densities allowed by the General
Plan. This proposed code amendment will add a new section to the zoning code
applicable to detached residential development of up to 15 units without modifying the
current "Common Interest Development" standards. The amendment is not intended to
increase the current densities or decrease the parking standards.
If adopted this will be the first of such ordinance in the County. Similar ordinances, in
other jurisdictions, have not been implemented long enough to determine all the
potential benefits and consequences. A few jurisdictions have adopted design
guidelines related to site and building design including City of Los Angeles; in Costa
Mesa, these subdivisions will be subject to discretionary process (Design review) which
allows site planning and architectural review of the projects by the Planning
Commission. In all cases, residential developments are subject to the City's Residential
Design Guidelines.
Proposed New Development Standards - Small Lot Subdivisions
The following includes a comparison of the existing and proposed development standards
applicable to subdivisions of up to 15 dwellings. The proposed development standards
are intended to allow the most flexibility in project layout and design; and maintenance
requirements without any increase in density or decrease in the parking standards:
Common Interest Development
Small Lot Subdivisions
Subdivisions of 16 or more units
Subdivisions of up to 15 units
(Existing)
New
Common lot required — typically includes the
Common lot not required — common areas are
main drive and street landscape setback
divided among the individual parcels and reciprocal
access and parking is provided by an easement
recorded with theparcel/tract ma
Minimum open space (development lot) — 40%
Minimum open space (development lot) — 30%*
(not including porches of over 6 feet in depth
(includes porches, covered patios, roof decks and
and balconies)
balconies
Minimum open space (individual lot) - 400
Minimum open space (individual lot) - 200 square
square feet with no dimension less than 15
feet with no dimension less than 10 feet. **
feet.
Minimum rear yard setback — 10 feet for one
Minimum rear yard setback — all setbacks are
story and 20 feet for two stories
treated as side setbacks with a minimum 10- foot
separation from the property line. ***
Minimum lot size of 3,000 square feet and
No minimum standards for lot area
average lot size of 3,500 square feet; no
Minimum lot width — 20 feet ****
minimum lot width
Maximum height — two -stories or 27 feet
Maximum height — two -stories or 27 feet maximum
maximum unless otherwise allowed by a
unless otherwise allowed by a specific plan or urban
specific plan or urban plan
plans.
Minimum distance between buildings — 10 feet
No minimum distance required as long as the
structures are completely separated, do not share a
common wall, and meet Building and Fire Code
standards.
Homeowner's association required
City will require that the homeowners be responsible
for maintenance of all areas subject to access
and/or maintenance easements (i.e., access,
drainage and utilities, and landscape setbacks) and
carry insurance policies for the homeowners.
A maintenance agreement can be executed for
subdivision of 4 or less in lieu of requiring an
association when each unit has an independent
access to the public street and there is no common
drive or other amenities.
Covenants, Conditions, and Restrictions
Covenants, Conditions, and Restrictions (CC&Rs) —
(CC&Rs) — required to be recorded prior to final
required to be recorded prior to final inspection
inspection
* Decorative paving will be required for all interior roadways and parking to balance the reduction in open
space.
** The private open space area is included in the overall open space calculations
*** Under special circumstances deemed appropriate by Development Services Director, the setback can be
reduced to 5 feet. Those include but are not limited to: setbacks abutting permanent open space, setbacks
containing landscaping in common open space areas maintained by maintenance association, superior site
and architectural designs that provide a variety of off -sets and additional articulation to side elevations.
**** Flag lots are subject to maximum back out and turn around requirements of the Parking Design
Standards, minimum distance between driveways and ADA requirements.
It should be noted that the threshold for the maximum number of parcels (15 parcels
under small lot subdivision) was proposed based on a typical lot size in R2 -MD zone and
a manageable development without a homeowners association; this is an arbitrary
number and can be modified as City Council deem appropriate.
Homeowners and Maintenance Associations
With the cost of homeownership rising, developers are proposing an alternative
mechanism for maintenance of small lot subdivisions that will reduce the monthly cost to
the homeowners and reduce the administrative requirements of a subdivision. The
proposed development standards would in certain circumstances allow the developer to
establish either the traditional Homeowner Association (HOA) or Maintenance Association
(MA). While a Homeowner Association may be the best alternative for most
subdivisions, to provide compliance with the requirements of Davis -Stirling Act (i.e., 10 -
year homebuilder warranty and lien rights); in cases where there is no common area and
where permissible under state law, a Maintenance Association could be a less costly
alternative. In either alternative the City would require recordation of CC&Rs to ensure a
certain level of maintenance standards and enforcement procedures.
The following is a comparison of the two alternative types with respect to maintenance
and regulatory standards:
Applicable Regulations
Common Interest
Small Lot Subdivision
Development
HOA
Davis Stirling Act requirement
Yes
No.
for HOA to manage
Common interest developments
could be exempt but determination of
applicability is left to Developer. City
will establish minimum maintenance
standards for small lot subdivisions
that associations will be responsible
to maintain.
Business & Professions Code
Yes
No, if less than 5 units. However
Public Reporting Requirements
determination of applicability is left to
(public documents)
Developer.
CC&Rs
Yes
Yes
Lien Rights
Yes
No
Common areas
Yes
Yes/No
Reciprocal Easements, etc.
Budget
Required by BRE
Advisable but not required
Standard of Maintenance
Required by BRE
Advisable but not required
Conditions of Approval
Yes
Yes
Dispute Resolution
Maybe subject to arbitration
Maybe subject to arbitration
Construction Defects
Subject to Davis Stirling —
Unknown - subject to litigation*
builder is liable for 10 years
* Homeowner and maintenance associations have the right to sue others as one entity; however, individual
homeowners not part of a HOA or maintenance association would have to sue as individuals.
Common interest developments with a common lot are required to submit public reports
to BRE and provide certain disclosures to the homebuyers under the Business &
Professions Code. Small lot subdivisions under 5 parcels may avoid these requirements.
However, staff is recommending establishing a minimum standard of disclosure by the
developers prior to entering into sales agreement with the potential homebuyers for the
sale of properties within a small lot subdivision, even if the developer is exempted from
disclosure requirements under state law. These requirements are noted below and
included in the draft ordinance under Section 13-42.2 (c).
• The type, thickness, and R -value of the insulation installed in the home
• Any potential hazards or lead-based paint (24 CFR Part 35 and 40 CFR Part 745)
• Uses other than residential and any unusual zoning in proximity to the project
• Distance to airport if within two miles
• Any special costs that will be incurred by the buyer as a result of the installation of a
building foundation or any other construction due to unusual soil/geological
conditions
• If there is fill in excess of 2 feet
• Schools serving the subdivision and any special conditions
• Any unusual flooding conditions
• Conditions of approval by the City and any resale restrictions
• Dedications and easements
• Project phasing plan
• CC&Rs
PUBLIC NOTICE
Code requires publication of a display AD in the local newspaper (Daily Pilot) for Title 13
Code Amendments. At the time of publication of this report, no public comments have
been received. Any correspondence will be forwarded to the City Council under separate
cover. In addition to the newspaper ad, homeowners associations and other neighboring
cities and government agencies were notified by mail.
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 it can be seen with certainty that there is no possibility that the
proposed amendment to the Zoning Code will have a significant effect on the
environment.
FISCAL REVIEW
The proposed ordinance is not likely to have any direct fiscal impact.
LEGAL REVIEW
The City Attorney has reviewed this report and its attachments and has been approved
as to the form by the City Attorney's Office.
CONCLUSION
Given the request from local developers and the City's desire to stimulate for sale
housing development in the City, the Planning Commission recommended approval of
the ordinance. The following summarizes key aspects of the proposed ordinance.
• Small lot ordinance would be applicable to all multi -family residential zoning
districts and urban plan residential development and live/work projects.
• Would apply to development of 15 units or less.
• While all small lot subdivision would be subject to CC&Rs, small subdivisions
of up to four parcels with no common areas could be exempt from a
homeowner's or maintenance association and subject to only a maintenance
agreement.
• Small lot subdivision will allow development within the allowed densities of the
zoning code and general plan.
• The small lot ordinance would not reduce the required parking.
MINOO ASHABI, AIA
Principal Planner
GARY ARMSTRONG, AICP
Economic and Development Services
Director
Distribution: Chief Executive Officer
Assistant Chief Executive Officer
Director of Economic & Development/Deputy CEO
Public Services Director
City Attorney
Transportation Services Manager
City Engineer
City Clerk (9)
Staff (7)
File (2)
Attachments: 1. Draft Ordinance
2. Other California Cities with adopted small lot ordinance
3. Draft Standard Conditions of Approval
4. Examples of recent projects
CITY COUNCIL
SUPPLEMENTAL DEPORT
MEETING DATE: MARCH 4, 2014 ITEM NUMBER: PH -1
SUBJECT: CODE AMENDMENT CO -13-04 — SMALL LOT SUBDIVISION ORDINANCE (CITY WIDE)
DATE: FEBRUARY 28, 2014
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTME
PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER 9
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI (714) 754-5610
m i noo.ashabift_costamesaca.goy
The purpose of this supplemental report is to provide additional information, from the
administrative record, at the request of Councilmember Genis.
Attached are the Planning Commission Staff Report meeting minutes from the public hearings
that took place on December 9, 2013 and January 27, 2014.
Attachment: 1. Planning Commission Staff Report and minutes, December 9, 2013
2. Planning Commission Staff Report and minutes, January 27, 2014
cc; Chief Executive Officer
Assistant Chief Executive Officer
Director of Economic & Development/Deputy CEO
Public Services Director
City Attorney
Transportation Services Manager
City Engineer
City Clerk (9)
Staff (7)
File (2
PLANNING COMM/SS/ON
AGENDA REPORT _
MEETING DATE: DECEMBER 9, 2013 ITEM NUMBER: PH -9
SUBJECT: CODE AMENDMENT CO -13-04— SMALL LOT SUBDIVISION ORDINANCE
DATE: NOVEMBER 12, 2013
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610
minoo.ashabi@costamesaca.gov
DESCRIPTION
Code Amendment CO -13-04 is a zoning code amendment to add new regulations for
small lot subdivisions in multiple family residential zones which involves amending Title 13,
the Zoning Code as follows:
• Chapter I — Add new definitions related to small lot subdivisions;
• Chapter IV, Table 13-30 (Land Use Matrix) — Allowing small lot subdivisions of up
to 15 dwelling units in multiple family residential zones;
• Chapter V, Article 2.5 — add new development standards for small lot subdivisions.
RECOMMENDATION
Staff recommends that the Planning Commission
• Recommend that the City Council approve the ordinance and give first reading.
• Continue the item to January 13, 2014 and provide direction to staff.
BACKGROUND
Historic background — Regional
Common interest developments, commonly referred to as CIDs, date back to the mid 19th
century but it wasn't until the 1960's that CID's really begin to take off as developers begin to
engage in mass scale housing developments. By creating commonly owned parcels,
developers could decrease individual lot sizes while simultaneously adding low cost
amenities such as parks, tennis courts, pools, etc. This kept the housing affordable in the
face of a shortage of land in suburban areas. In 1962 a FHA study found only 470
subdivisions had commonly owned property maintained by HOA's and was almost
exclusively found in affluent neighborhoods. The same study done in 1994 found 130,000
nationwide and that 90% of all new development was CID.
California public agencies quickly realized the benefit in encouraging the use of CIDs and
HOA's to promote the construction and maintenance of public infrastructure. This became
particularly helpful in addressing the growing need for public infrastructure under the newly
passed Proposition 13 which significantly limited a local agencies ability to raise revenue to
fund such public infrastracture. Developers have incentive to continue to build parks and
other infrastructure and can provide for ongoing maintenance through the creation of an
HOA. An example of public facilities which can and have been constructed and maintained
through HOAs include utility services, road maintenance, street and common area lighting,
refuse removal, security services, and open spaces.
In 1984, the State legislature passed the Davis -Stirling Act to create a unified statutory
framework for the regulation of all CIDs in the state. While Davis -Stirling continues to evolve, it
is recognized that the regulations outlined in the Davis -Stirling Act may not fit every situation.
Testimony before the State Senate Housing and Land Use Committee has noted the lack of
flexibility within Davis Stirling. Davis -Stirling treats a thousand -unit development the same
as a 3 unit development which only shares a sidewalk. As one example, both developments
have the same financial reporting requirements. The costs of such requirements has
significantly less impact on affordability when spread over 1,000 units as opposed to
spreading the same cost over 3 units.
In 2009, the City of Los Angeles, like most cities, was suffering from declining property
values and a significant drop in new home construction. When the economy began to
recover, tight lending standards severely stalled new construction despite significant
increase in population. The city of LA enacted a small lot ordinance which allowed
developers to build on lots which were underutilized and utilized a maintenance association
instead of an HOA with accompanying fees (Attachment 2).
City of Costa Mesa
The City of Costa Mesa is experiencing an uptick in housing developments, mostly in
proposals with detached units. During the past couple of years, there has been little demand
in the City of Costa Mesa for condominium development with common areas and the City has
approved only a few condominium projects. Instead, most housing projects involved
condominium subdivisions or fee simple lots with individual units designed as townhomes or
completely detached with attached garages and driveways similar to traditional single family
detached products.
Application of existing Common Interest Development requirements to the development of
small lots has resulted in a number of requested variances or deviations from current
standards such the common lot. In addition, City staff has been approached by multiple
developers requesting more flexibility in the development standards to facilitate construction of
marketable detached products at affordable pricing. These residential units typically include
three bedrooms and range in size from 1,600 square feet to 2,000 square feet of living area.
Small lot developments are fee -simple units that increase homeownership opportunities
while working within existing land use designations.
City Council Study Session
On September 10, 2013, a study session was held with the City Council and Planning
Commission that was attended by the public and homebuilders. Staff was directed to prepare
a "Small Lot Subdivision" ordinance with photos of potential development for consideration by
Planning Commission.
The following issues were discussed at the study session:
• Advantage /disadvantages of a homeowners association LHOA] versus a maintenance
association. Council questioned the difference between a maintenance association and
a traditional homeowners association.
A maintenance association is desirable by some builders and homebuyers since a
maintenance association need not be approved by the Bureau of Real Estate (BRE)
and is not subject to some requirements of the Davis -Stirling Act and/or Business and
Professions Code. Davis -Stirling requires common -interest developments to be
managed by an HOA. Additionally, the Business and Professions Code exempts
subdivisions with less than five parcels from public reporting requirements. Enacting an
ordinance requiring the developer to form an association for maintenance of areas
subject to access and/or maintenance easements will potentially reduce the developer's
administrative costs and the monthly dues for homeowners. It should be noted that the
applicability of the HOA and exemption there from is a function of state law and is not
determined by the City. The City is only providing a minimum standard for Developers.
Determination of the applicability of all state laws is left to the Developer. Based on
staff's research, the maintenance association could be a viable option for smaller
subdivisions with no common areas; however, maintenance associations do impose
more risks for larger subdivisions with common areas such as driveways, landscape
setbacks, drainage facilities, etc, which would affect the homeowners as well as the
City. In addition, a maintenance association can not legally have lien rights and
therefore must rely on private enforcement if a dispute arises between the
homeowners. However, the City could additionally impose a requirement to hire a third
party to handle the maintenance and/or to facilitate enforcement. Additionally,
maintenance associations may still incorporate, similar to HOAs, which would require
establishing a reserve and carrying insurance policies for any liabilities. This will assure
the City of maintenance of common areas and the homeowners with the insurance
protection. In all cases, the City has the authority to enforce maintenance standards as
with any other residential development in the City. Please refer to the analysis for
additional information on this issue.
• Parkina standards._ Council expressed concerns with the impacts of new development
on neighboring site and street parking and noted that required parking should not be
modified.
The Zoning Code does not specify parking standards for detached units other than
single family units. The single family residential parking standards have been typically
applied to detached units in common interest developments. For units with three
bedrooms or more, a two -car garage and two open parking spaces are required. For
smaller two bedroom units, the multiple family parking standards are applied that
require three parking spaces per unit, with a minimum of one covered or garage space.
Traditional subdivisions are designed with two car garages and two parking spaces in
front of the garage, typically used by the same resident or their guests. Council
suggested providing additional communal/ guest parking instead of parking in individual
driveways that would not be practical for common guest parking. Common interest
developments and the small lot subdivisions typically have an internal street system
with no parking opportunities leading to overflow guest parking on public streets, many
of which are already impacted in most areas of the City. Consequently, staff is
recommending a new parking standard; please refer to the analysis for additional
information on this issue.
The Council also questioned how the use of garages would be regulated with small lot
subdivisions and whether these developments would be subject to CC&Rs. Both
common interest development and small lot subdivisions will be subject to CC&Rs that
will need to include provisions for use of private garages as well as open guest parking.
Please refer to the analysis for additional information on this issue.
Current Requirements - Common Interest Development
The City currently has regulations in place for residential subdivisions referred to as "common
interest development standards." Common Interest Developments are permitted in all multi-
family residential zoning districts. The standards include various provisions such as
requirement of a common lot (typically a landscape street setback and common drive),
minimum lot size and average lot size standards, as well as regulations related to formation of
a homeowners association. The current requirements are applicable to both detached and
attached products. While these standards have been practical for larger developments; they
have been challenging for smaller subdivisions. Most small subdivisions require approval of
several variance and administrative adjustments to allow development of small detached units
on small lots. The following is a list of development standards and required documents that are
proposed to be revised with the proposed Small Lot Subdivision Ordinance:
• Common lot requirement - The current common interest development standards require
that all projects be designed with a minimum of one common lot, in common
ownership and maintained by a homeowners association. This lot is required to
contain common driveways, parking areas, and the front 10 feet of the landscaped
street setback.
• Minimum distance between buildings - A 10 -foot minimum between main buildings
and a 6 -foot minimum separation between main buildings and accessory structures is
required.
r-1
• Minimum open space - All subdivisions are required to provide a minimum 40% of total
lot area as open space. Open space excludes driveways and common hardscape
areas. In addition, each individual lot is required to provide a minimum of 400 square -
foot open space area with no dimension less than 15 feet.
• Minimum Lot size — The minimum lot size is 3,000 square feet with an overall average
of 3,500 square feet. The required common lot is not included in the calculation of lot
area.
• Rear yard setback — A 20- foot minimum rear setback is required for the second floor
of two-story structures in medium density and a minimum 15- foot for high density
zones.
• Parking Standards — Two garage spaces and two open parking spaces per unit (up
to four bedrooms). Two bedroom units are required to provide a total of three spaces
including one covered or garage spaces.
In addition to the noted standards, the Common Interest Development Standards include
specific provisions with respect to maintenance requirements and homeowners association.
All subdivision are required to form a homeowners associations and recordation of CC&Rs that
would include a plan for permanent care and maintenance of open spaces, recreational
areas, and common facilities pursuant to State law (Civil Code 1350-1359).
ANAL YSIS
The purpose and intent of a small lot ordinance is to promote affordable ownership housing by
providing more flexible development standards and maintenance mechanisms for underutilized
multi -family residential lots within the densities allowed by the General Plan. This proposed
code amendment will add a new section to the zoning code applicable to detached residential
development of up to 15 units without modifying the current "Common Interest Development"
standards. The amendment is not intended to increase the current densities or decrease the
parking standards.
Proposed New Development Standards - Small Lot Subdivisions
The following includes a comparison of the existing and proposed development standards
applicable to subdivisions of up to 15 dwellings. The development standards are proposed to
allow the most flexibility in development standards and maintenance requirements without any
modifications to the density and parking requirements:
Common Interest Development
Subdivisions of 16 or more units
(Existing — No Change)
Common lot required — typically includes the main
drive and street landscape setback
Minimum open space — 40% (not including porches
of over 6 feet in depth and balconies)
Minimum rear yard setback — 10 feet for one story
j and 20 feet for two stories
Small Lot Subdivisions
Subdivisions of up to 15 units
(New)
Common lot not required — common areas are
divided among the individual parcels and
reciprocal access and parking is provided by an
easement recorded with the parcel/tract map _
Minimum open space — 30% (includes porches
and balconies)*
Minimum rear yard setback — all setbacks are
treated as side setbacks with a minimum of 5 feet
Minimum lot size of 3,000 square feet and average
lot size of 3,500 square feet: no minimum lot width
Maximum height — two -stories or 27 feet maximum
unless otherwise allowed by a specific plan or
urban plan
Minimum distance between buildings — 10 feet
Homeowner's associatior
Covenants, Conditions, and Restrictions (CC&Rs) —
re uired to be recorded prior to final inspection
separation from the property line. Properties
abutting single family residential zones are
required to provide a minimum 10 -foot setback.
No minimum standards for lot area
Minimum lot width — 20 feet
Maximum height — two -stories or 27 feet maximum
unless otherwise allowed by a specific plan or
urban plans.
No minimum distance required as long as the
structures are completely separated, do not share
a common all and meet Building and Fire Code
standards.
City will require that the homeowners be
responsible for maintenance of all areas subject to
access and/or maintenance easements (i.e.,
access, drainage and utilities, and landscape
setbacks) and carry insurance policies for the
homeowners.
A maintenance agreementcan be executed for
subdivision of 4 or less in lieu of requiring an
association when each unit has an independent
access to the public street and there is no
common drive or other amenities.
Covenants, Conditions, and Restrictions (CC&Rs)
— required to be recorded prior to final inspection
* Decorative paving will be required to compensate for the reduction in open space.
Homeowners and Maintenance Associations
With the cost of homeownership rising, developers are proposing an alternative mechanism for
maintenance of small lot subdivisions that will reduce the monthly cost to the homeowners and
reduce the administrative requirements of a subdivision. While a condominium association
may be the best alternatives for most subdivisions by providing more certainty with the
requirements of Davis -Stirling Act (i.e., 10 -year homebuilder warranty and lien rights), in cases
where there is no common area and where permissible under state law, a maintenance
association could be a less costly alternative. In either alternative the City would require
recordation of CC&Rs to ensure a certain level of maintenance standards and enforcement
procedures.
The following is a comparison of the two alternative types with respect to maintenance and
regulatory standards:
Applicable Regulations
Davis Stirling Act
requirement for HOA to
manage
Common Interest Development
HOA
Yes
Small Lot Subdivision
No.
Common interest developments
could be exempt but determination
of applicability is left to Developer.
City will establish minimum
standards for small lot subdivisions
that association must be
Business & Professions
Code Public Reporting
Requirements (public
documents)
CC&Rs
Lien Rights
Common areas
reciprocal Easements, etc.
Budget _
Standard of Maintenance
Conditions of Approval
Dispute Resolution
Construction Defects
Required by BRE
Required by BRE
_ Yes
_Maybe subject to arbitration
Subject to Davis Stirling — builder
is liable for 10 vears
Advisable but not required _
Advisable but not require
Yes
Mavbe subiect to arbitration
Unknown - subject to litigation*
* Homeowner and maintenance associations have the right to sue others as one entity; however, individual
homeowners not part of a HOA or maintenance association would have to sue as individuals.
It should be noted that common interest developments with a common lot are required to
submit certain public reports to BRE and providing certain disclosures to the homebuyers
under the Business & Professions Code. Small lot subdivisions under 5 parcels may avoid
these requirements. However, staff is recommending establishing a minimum standard of
disclosure by the developers prior to entering into sales agreement with the potential
homebuyers for the sale of properties within a small lot subdivision, even if the developer is
exempted from disclosure requirements under state law. These requirements are noted below
and included in the draft ordinance under Section 13-42.2 (c).
• The type, thickness, and R -value of the insulation that has been installed in the home
• Any potential hazards or lead-based paint (24 CFR Part 35 and 40 CFR Part 745)
• Uses other than residential and any unusual zoning in proximity to the project
• Distance to airport if within two miles
• Any special costs that will be incurred by the lot buyer as a result of the installation of
a building foundation or any other construction due to unusual soil/geological
conditions
• If there is fill in excess of 2 feet
• Schools servicing subdivision and any special conditions
• Any unusual flooding conditions
• Conditions of approval by the City and any resale restrictions
• Dedications and easements
• Project phasing plan
• CC&Rs
Survey of Other Jurisdictions
In addition to city of Los Angeles, a number of local jurisdictions (see below) in northern and
central California have adopted a small lot subdivision ordinance.
-- -
responsible to maintain certain
areas. City association standard
may be waived for developments
with less than 5 units.
Yes
No, if less than 5 units. However
determination of applicability is left
to Developer.
Yes
Yes
Yes
No
Yes
Yes/No
Required by BRE
Required by BRE
_ Yes
_Maybe subject to arbitration
Subject to Davis Stirling — builder
is liable for 10 vears
Advisable but not required _
Advisable but not require
Yes
Mavbe subiect to arbitration
Unknown - subject to litigation*
* Homeowner and maintenance associations have the right to sue others as one entity; however, individual
homeowners not part of a HOA or maintenance association would have to sue as individuals.
It should be noted that common interest developments with a common lot are required to
submit certain public reports to BRE and providing certain disclosures to the homebuyers
under the Business & Professions Code. Small lot subdivisions under 5 parcels may avoid
these requirements. However, staff is recommending establishing a minimum standard of
disclosure by the developers prior to entering into sales agreement with the potential
homebuyers for the sale of properties within a small lot subdivision, even if the developer is
exempted from disclosure requirements under state law. These requirements are noted below
and included in the draft ordinance under Section 13-42.2 (c).
• The type, thickness, and R -value of the insulation that has been installed in the home
• Any potential hazards or lead-based paint (24 CFR Part 35 and 40 CFR Part 745)
• Uses other than residential and any unusual zoning in proximity to the project
• Distance to airport if within two miles
• Any special costs that will be incurred by the lot buyer as a result of the installation of
a building foundation or any other construction due to unusual soil/geological
conditions
• If there is fill in excess of 2 feet
• Schools servicing subdivision and any special conditions
• Any unusual flooding conditions
• Conditions of approval by the City and any resale restrictions
• Dedications and easements
• Project phasing plan
• CC&Rs
Survey of Other Jurisdictions
In addition to city of Los Angeles, a number of local jurisdictions (see below) in northern and
central California have adopted a small lot subdivision ordinance.
-- -
Local Jurisdiction
Los Angeles, CA
Marysville, CA
Merced, CA
Modesto, CA
Napa, CA
Summary of Small Lot Subdivision Program
• Allowed in multi -family and commercially zoned properties.
• Minimum lot area, 600 sq. ft. and minimum lot width, 12 feet
• 80 percent lot coverage
• Design Guidelines address site planning, building design, and
materials.
• _ No discretionary review required
Allows minimum lot size of 3.000
ft. in designated areas.
• Allowed in Planned Development zones.
• Minimum lot area 1,950 sq. ft. and 3,000 sq. ft.
• Two sets of design guidelines based on lot width and area.
• Sixty percent lot coverage
• Allowed in specific plan areas and planned development zones
• Design guidelines for lot areas of 5,000, 3,000 and less than 3,000 sq.
ft.
• Requires discretionary review
• Permitted in single family residential zones that allow single family and
duplex
• No minimum lot area and width requirement
• Subject to approval of a conditional use permit
Oakland, CA Minimum lot area of 4,000 sq. ft. and minimum lot width of 25 feet
• Subject to approval of a conditional use permit
Santa Rosa, CA • Allowed in single-family and multi -family zones.
• Minimum lot area of 2,000 sq. ft. and density of 18 du/acre
• Subject to approval of a conditional use permit
Advantages of Establishing a Small Lot Ordinance
The following are several reasons why small lot developments would be beneficial for
residential development in the City:
• Small Lot Subdivision Ordinance could promote a new housing tvpe and encourage first
time homebuyers. There is a target market of new homebuyers who do not wish to purchase
a condominium but are unable to qualify for a traditional single-family residence. Small lot
developments are fee -simple (house and lot owned by homeowner) units that increase
homeownership opportunities while working within existing land use designations. Because
these units are fee -simple, homeowners acquire ownership of the housing structure, as well
as the land on which it is built.
• Small lot developments do not have common ownershi . Under the Davis Stirling Act
common interest developments must be managed by a HOA. With the elimination of the
Citys common lot requirement, the development will most likely not be considered a
common -interest development subject to management by a HOA. Determination of the
applicability of state law requirements will be left to the Developer.
• Small lot developments could increase housing roduclip r_.?.. Although small lot
subdivisions will still be subject to design review and a subdivision map requirements, the
more flexible standards will eliminate the lengthy entitlement process with multiple variances
—b---
and adjustments. This could encourage redevelopment of marginal and underutilized parcels
in the City.
• Subdivision with no common lots or less than five parcels are not subject to Public
Reporting Requirements. Eliminating the requirement to provide a common lot would exempt
developers of four lots or less from the state law requirement of BRE review and approval
which is a lengthy and costly process. Public Reporting requirements would still be applicable
to larger developments. Determination of the applicability of state law requirements will be left
to the Developer.
GENERAL PLAN CONFORMITY
The proposed ordinance is consistent with the following goals and policies of the General Plan:
• LU -1 A.1, LU -1A.4, LU -10.4, HOU -1.9, HOU -2.4, HOU -4.4, CD -7A.1 and CD -
7A.2.
PUBLIC NOTICE
Code requires publication of a display AD in the local newspaper (Daily Pilot) for Title 13 Code
Amendments. At the time of publication of this report, no public comments have been
received. Any correspondence will be forwarded to the Planning Commission under separate
cover. In addition to the newspaper ad, all property owners within PDI zoning, homeowners
associations and other neighboring cities and government agencies were notified by mail.
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 it
can be seen with certainty that there is no possibility that the proposed amendment to the
Zoning Code will have a significant effect on the environment.
LEGAL REVIEW
The staff report and the draft ordinance has been reviewed and approved by the City Attorney.
CONCLUSION
Given the request from local developers and to stimulate housing development in the City,
staff believes there is policy support for the creation of innovative programs to increase
housing development and home ownership opportunities within the allowed densities of the
City's General Plan. The following summarizes a few facts with adoption of the ordinance.
If adopted this will be the first of such ordinance in the County. The examples of
other jurisdictions provided have not been implemented long enough, therefore all
the benefits and consequences are not known,
Small lot subdivision would be under a new section in the zoning code applicable to
subdivision of 15 or fewer lots.
q
• A few jurisdictions have adopted design guidelines related to site and building
design including City of Los Angeles; however, in Costa Mesa, these subdivisions
will be subject to discretionary process (Design review) which allows site planning
and architectural review of the projects. Design guidelines are a helpful tool;
however, may not be necessary. In all cases, residential developments are subject
to the City's Residential Design Guidelines.
• Small lot ordinance would be applicable to all multi -family residential zoning districts
and urban plan residential and live/work projects.
• While all small lot subdivision would be subject to CC&Rs, small subdivisions of up
to four parcels with no common areas could be exempt from a homeowner's or
maintenance association and subject to only a maintenance agreement.
• Small lot subdivision will allow development within the allowed densities of the
zoning code and general plan.
MINOO ASHABI, AIA '�� GARY AR T?IN G, AICP
Principal Planner Economi & Deopment Ser 'ces Director/
Deputy EO
Distribution: Director of Economic & Development / Deputy CEO
Senior Deputy City Attorney
Public Services Director
City Engineer
Transportation Services Manager
Fire Protection Analyst
Staff (6)
File (2)
Attachments: 1. Draft Ordinance
2 City of Los Angeles Small Lot Ordinance
3 City of Los Angeles Design Guidelines
4. Examples of recent projects
5. Example of a Covenant/ Maintenance Agreement
--- 10
ATTACHMENT 1
ORDINANCE NO. 13
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA,
CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -13-04
AMENDING TITLE 13, CHAPTERS I, IV, AND V RELATED TO
DEFINITIONS, LAND USE MATRIX AND NEW ARTICLE 13-42
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: FINDINGS.
City of Costa Mesa recognizes that homeownership is an important aspect of community
building. The City of Costa Mesa is promoting homeownership by providing the opportunity for
development of a variety of housing types at various price ranges. The small lot ordinance will
allow development of detached or townhome style residential units on individual parcels
instead of condominium ownership.
SECTION 2: Title 13 of the Costa Mesa Municipal Code is hereby amended as follows:
A. Chapter I; definitions:
Small Lot Subdivision. A residential development containing a maximum of 15
detached or townhome style units with no common walls where each unit is
independently constructed on an individual parcel and the land is subdivided into fee
simple parcels containing each unit.
B. Chapter IV; Table 13-30, Citywide Land Use Matrix:
Add Small Lot Subdivisions as Land Use No. 2.2 to Table 13-30 as permitted use in multi-
family residential zones.
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O N E S
LAND USES
R1
R2
R2
R3
A
C
C
C
C
T
M
M
P
P
P
P
P
P
1
I
P
M
H
P
L
1
2
1
C'
G
P
D
D
D
D
D
D
&
&
D
D
S'
R
R
R
R
C'
1'
R'
R
L
M
H
N
S'
D'
D'
D'
C
M'
RESIDENTIAL USES
1. Single-family dwellings
P"
P
P
P
.
P
P
P
P
P
P
(single housekeeping
units)
2. Multi -family dwellings
.
P
P
P
.
P
0
0
P
P
P
P
P
P
2.1 Common interest
0
P
P
P
.
.
.
P
.
.
P
P
P
P
P
P
developments, residential
2.2 Small lot subdivisions,
P
P
P
residential
3. Mobile home parks
C
C
C
C
C
C
C
C
C
C. Chapter V, Article 2.5. RESIDENTIAL SMALL LOT SUBDIVISION
ARTICLE 2.5 RESIDENTIAL SMALL LOT SUBDIVISIONS
SECTION 13-42.1 PURPOSE
The purpose of this article is to regulate development and subdivision of small lots within
residential zoning districts and overlay districts where residential and live/work projects are
permitted. The ownership and occupancy of these developments shall be subject to applicable
laws for the general health, safety and welfare of the public. This type of subdivision is
intended to provide flexible development standards and to promote a wider range of
homeownership of individual lots in multiple -family residential and overlay zoning districts.
SECTION 13-42.2 PLANNING APPLICATION REQUIRED
a) Small lot subdivisions are permitted in appropriate residential or urban plan overlay
districts, subject to approval of the following planning application as may be
applicable. This requirement is in addition to other permits or certificated required by
law.
1) All new small lot development projects shall be processed according to the design
review procedures contained in Chapter III, Planning Applications.
2) All small lot development projects require approval of a tentative tract or parcel
map as required by law.
3) A tentative tract map or parcel map shall not be required until either a design
review or has been approved; however, the map may be processed concurrently.
b) No person shall construct, sell, lease, convey, maintain or use a lot in a small lot
subdivision project within the City without first complying with the provisions of this
article.
SECTION 13-42.3 DEVELOPMENT STANDARDS AND REQUIREMENTS:
a) Applicability. The provisions of this section shall apply to all new residential small lot
subdivisions of 15 lots or less in multi -family zones and overlay zones where
residential and live/work development are permitted.
b) Development standards. Table 13-42 identifies the development standards for small
lot subdivision developments. See also ARTICLE 9 GENERAL SITE IMPROVEMENT
STANDARDS of this chapter for additional requirements. Projects shall comply with all
applicable standard plans and specifications and adopted City and State codes, as
well as the following provisions. -
1
rovisions:
1. The location and orientation of all buildings shall be designed and arranged to
preserve natural features by minimizing the disturbance to the natural
environment. Natural features such as trees, groves, waterways, scenic points,
historic spots or landmarks, bluffs or slopes shall be delineated on the site plan
and considered when planning the location and orientation of buildings, open
spaces, underground services, walks, paved areas, playgrounds, parking areas
and finished grade elevations.
2. All structures proposed to be constructed within a project shall conform to the
following requirements:
a. Each unit shall be provided with direct vehicular access to a public street,
or an alley or a common drive connecting to a public street/ alley.
b. Structures having dwelling units attached side by side shall be composed
of no more than 4 dwelling units.
C. Structures having dwelling units attached side by side shall include a
break in the facade by having an offset in the front building line.
d. Structure shall be constructed to minimize impact of the proposed
development on the light, air and privacy of adjacent properties.
3. On-site lighting shall be provided in all parking areas, vehicular access ways,
and along major walkways. The lighting shall be directed onto driveways and
walkways within the project and away from dwelling units and adjacent
properties, and shall be of a type approved by the Development Services
Department.
4. The development shall comply with the provisions of CHAPTER XI.
SUBDIVISIONS, which may include, but are not limited to, land dedication and
improvements, such as drainage improvements and payment of fees.
5. Outside uncovered and unenclosed storage of boats, trailers, recreational
vehicles and other similar vehicles shall be prohibited unless specifically
designated areas for the exclusive storage of such vehicles are set aside on the
final master plan and provided for in the covenants, conditions, and restrictions.
Where such areas are provided, they shall be enclosed and screened from view
on a horizontal plane from adjacent areas by a combination of 6 -foot high
opaque fences and permanently maintained landscaping.
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses)
Maximum Number of
2 stories/ 27 feet, except as allowed in the Westside Overlay Districts.
Stories & Building
Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory
Height
windows will not be regarded as a story. See also Attic discussion below.
Attics
Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In
zoning districts where the maximum number of stories is two stories, attics above second stories
shall be an integral part of the second story roofline and not appear as a 3'd story on any building
elevation. Windows in any attic space above the second story shall be incidental and limited to
a dormer style.
Maximum Density
Same as underlying zoning district or as specified in an applicable specific plan.
(based on gross acreage)
Minimum Open Space
30% of total lot area. No asphalt shall be permitted for paved areas. Parking and driveways shall
consist of decorative concrete, pavers or other materials as deemed appropriate by the
Development Services Director.
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses)
Development Lot
Separately owned private property interests or any portion thereof, necessary or desirable for
common use, are subject to recordation of an easement for reciprocal access and maintenance.
All areas of a development with 5 or more parcels, subject to a reciprocal access and/or
maintenance easement shall be maintained by an association that may be incorporated or
unincorporated. The association may be referred to as a maintenance association.
Parking
• Three bedroom or more units (including a den or home office) — two garage spaces and two
open parking spaces
• Two bedrooms or less units (including a den) — one garage space and two open parking
• Tandem garage and parking (two spaces max.) are permitted for each individual unit with a
maximum of 50% of the all the units allowing tandem parking.
• No tandem parking is permitted for open or guest parking spaces.
• For developments with 5 or more units where open/guest parking spaces are provided in
driveways in front of garages for exclusive use of that unit, one additional on-site guest
parking shall be provided. Two additional open guest -parking shall be provided for
developments with more than 10 units.
Distance between
No minimum distance required subject to compliance with Building and Fire Code standards.
buildings
Driveway width
10 -foot minimum, except 16 -foot minimum driveway is required if the driveway serves tenants
and/or guest parking for more than one dwelling unit.
Driveway length
Straight -in driveways to garages shall have a minimum length of 19 -feet from the ultimate
property line. No driveways shall be more than 5 feet in length if parking is not provided in
front of garage.
Mechanical equipment,
Roof -top location is prohibited unless completely screened from public rights-of-way and
excluding antennas and
adjacent properties.
flush -mounted solar
panels on roofs
Front
20 feet
Development Lot:
Side and rear (interior)
5 feet for two -stories
10 feet for two-story development abutting R1 (single family) residential zones
Side (street side, if
10 feet
applicable)
Note: Driveways providing straight -in access from a public street to a garage shall be at least
Development Lot:
18 feet long, as measured from the property line.
Rear Abutting a Publicly
5 feet; however, garages may be required to set back further to ensure adequate back up
Dedicated Alley
distance. Rear Yard Coverage does not apply.
Bluff Top Setback
No building or structure closer than 10 feet fi•om bluff crest (see Section 13-34 BLUFF -TOP
DEVELOPMENT).
Roof or Eaves Overhang;
2 feet 6 inches into required side setback or building separation area.
Awning
5 feet into required front or rear setback.
Open, unenclosed
Not permitted
stairways.
Chimneys
2 feet above maximum building height.
Automatic roll -Lip garage
Yes
doors
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses)
Location of Open
Guest parking shall be located within a reasonable distance of the unit it serves. Detached
Parking
garages that are not located within a reasonable distance to the units they are intended to serve
are prohibited.
LANDSCAPING
A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the
Planning Division prior to issuance of any building permits,
SIGNS (Sec Chapter VIII).
Above -ground pool and spas are prohibited in front yards and subject to 5 -foot side and rear setback from main structures.
FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform to the
City's walls, fences, and landscaping standards.
See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information.
(c) Documents required.
(1) Project approval is subject to submission of complete organizational documents
setting forth a plan or manner of permanent care and maintenance of any open
spaces, recreational areas and commonly used areas/facilities. No such
documents shall be acceptable until approved by the City Attorney as to legal
form and effect, and by the Planning Division as to suitability for the proposed
use of the open areas.
(2) Prior to entering into a sales agreement for any property within a small lot
subdivision, the developer shall disclose general information regarding the
property to the future homebuyers regarding the property including but not
limited to the following:
a. The type, thickness, and R -value of the insulation that has been
installed in the home
b. Any exposed hazards during and after construction (Lead-based paint,
asbestos, etc.)
C. Uses other than residential in proximity to the project
d. Unusual adjacent zoning
e. Distance to airport if within two miles
f. Where soils, filled ground and geologic information is available
g. Any special costs that will be incurred by the lot buyer as a result of the
installation of a building foundation or any other construction due to
unusual soil/geological conditions
h. If there is fill in excess of 2 feet
i. Schools servicing subdivision and any special conditions.
j. Any unusual flooding conditions
k. Conditions of approval by the City and any resale restrictions
I. Dedications and easements
M. Project phasing plan
n. CC&Rs
_I -
(3) All small lot subdivisions shall file a declaration of covenants to be submitted
with the application for approval. The declaration of covenants shall include, but
not be limited to, the following provisions.
a. The homeowners' association or a maintenance association (as
applicable) shall be established prior to the sale of any unit(s).
b. Membership in the homeowners or maintenance association shall be
mandatory for each owner and any successive owner.
c. Provisions to restrict parking upon other than approved and developed
parking spaces and to require that garages be kept available for tenant
parking shall be written into the covenants, conditions and restrictions for
each project.
d. If the development is constructed in increments or phases which require
one or more final maps, reciprocal covenants, conditions, and restrictions
and reciprocal management and maintenance agreements shall be
established which will cause a merging of increments as they are
completed, and embody one homeowners' association with common
areas for the total development.
e. The declaration of covenants shall contain language or provisions
substantially as follows:
"The covenants, conditions and restrictions of this declaration
shall run to the City of Costa Mesa insofar as they shall apply to
the maintenance of the "common areas" as herein defined."
ii. "In the event the association or other legally responsible person(s)
fail to maintain the common area in such manner as to cause
same to constitute a public nuisance, the City may, upon proper
notice and hearing, institute summary abatement procedures and
impose a lien for the costs of such abatement upon the common
area, individual units or the whole thereof as provided by 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.
-1(0—
SECTION 4: 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 5: 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 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 day of
ATTEST:
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
2013.
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above foregoing Ordinance No. 13- as introduced
and considered section by section at a regular meeting of said City Council held on the
day of , 2013, and thereafter passed and adopted as a whole at the regular
meeting of said City Council held on the day of 2013, by the following roll
call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City
of Costa Mesa this day of _ 2013.
City Clerk
City Council of the City of Costa Mesa
ORDINANCE NO.
176354
ATTACHMENT 2
An ordinance amending Sections 12.03, 12.09, 12.12.1, 12.21 and 12.22 of the
Los Angeles Municipal Code to permit detached for -sale small lot subdivisions in
commercial and multifamily residential zones.
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. Section 12.03 of the Los Angeles Municipal Code is amended by
revising the definition of "lot" to read:
LOT. A parcel of land occupied or to be occupied by a use, building or
unit group of buildings and accessory buildings and uses, together with the
yards, open spaces, lot width and lot area as are required by this chapter and
fronting for a distance of at least 20 feet upon a street as defined here, or upon a
private street as defined in Article 8 of this chapter. The width of an access -strip
portion of a lot shall not be less than 20 feet at any point. In a residential
planned development or an approved small lot subdivision a lot need have only
the street frontage or access as is provided on the recorded subdivision tract or
parcel map for the development.
Sec. 2. Subdivision 3 of Subsection A of Section 12.09 of the Los Angeles
Municipal Code is amended to read:
3. Apartment houses, boarding or rooming houses, dwelling units in a
small lot subdivision, or multiple dwellings on lots having a side lot line adjoining
a lot in a commercial or industrial zone, provided that:
(a) The use, including the accessory buildings and uses and
required yards, does not extend more than 65 feet from the boundary of
the less restrictive zone which it adjoins; and
(b) The lot area per dwelling unit or guest room regulations of the
RD1.5 zone shall apply to these uses.
Sec. 3. Subsection A of Section 12.12.1 is amended by adding a new
subdivision 8 to read.
8. Dwelling unit or units constructed on a lot in a small lot subdivision and
approved by the Advisory Agency, pursuant to Article 7 of this Chapter in
conformity with the provision of 12.22 C 27 of this Code.
Sec. 4. The first paragraph of Paragraph (a) of Subdivision 4 of Subsection A of
Section 12.21 of the Los Angeles Municipal Code is amended to read:
(a) For Dwelling Units. In all zones, there shall be at least two
automobile parking spaces on the same lot with each one -family dwelling
thereon, and in any RW Zone there shall be at least two automobile
parking spaces per dwelling unit which shall be upon the same lot with the
dwelling unit. However, for small lot subdivisions approved pursuant to
Article 7 of this Chapter in conformity with the provisions of Section 12.22
C 27 of this Code, the required parking spaces shall not be required to be
located on the same lot with each dwelling unit, but shall be provided
within the boundaries of the parcel or tract map, The ratio of parking
spaces required for all other dwelling units shall be at least one parking
space for each dwelling unit of less than three habitable rooms, one and
one-half parking spaces for each dwelling unit of three habitable rooms,
and two parking spaces for each dwelling unit of more than three
habitable rooms. Where the lot is located in an RA, RE, RS, R1, RU, RZ,
RMP, or RW Zone, the required parking spaces shall be provided within a
private garage. Where the lot is located in an R2 Zone, at least one of the
required parking spaces per dwelling unit shall be provided within a
private garage. Any door or doors installed at the automobile entry to a
garage serving a one or two-family dwelling where one or more required
parking spaces is located shall be of conventional design constructed so
as to permit the simultaneous entry of automobiles into each required
parking space without damaging the door or door frame and constructed
so as to permit the flow of air through the automobile entry when the door
is in the fully closed position.
Sec. 5. Paragraph (h) of Subdivision 5 of Subsection A of Section 12.21 of the
Los Angeles Municipal Code is amended by adding a new subparagraph numbered (4)
to read:
(4) In a private garage or parking area serving an approved small
lot subdivision, where the tandem parking is not more than two cars in
depth, and provided that at least one parking stall per dwelling unit and all
of the parking stalls required for any guest rooms are individually and
easily accessible..
Sec. 6. Subsection C of Section 12.22 of the Los Angeles Municipal Code is
amended by adding a new subdivision 27 to read:
27. Small Lot Subdivision in the R2, RD, R3, R4, R5, RAS and the P and
C zones pursuant to an approved subdivision tract or parcel map.
N
Notwithstanding any provisions of this Code relating to minimum lot area
to the contrary, in the R2, RD, R3, R4, R5, RAS and the P and C zones, parcels
of land may be subdivided into lots which may contain one, two or three dwelling
units, provided that the density of the subdivision complies with the minimum lot
area per dwelling unit requirement established for each zone, or in the case of a
P zone, the density of the subdivision shall comply with the minimum lot area per
dwelling unit of the least restrictive abutting commercial or multi -family residential
zone(s).
(a) A parcel map or tract map, pursuant to Section 17.00 of seq. of
this Code shall be required for the creation of a small lot subdivision.
(b) The minimum lot width shall be 16 feet and the minimum lot
area shall be 600 square feet. The Advisory Agency shall designate the
location of front yards in the subdivision tract or parcel map approval.
(c) Vehicular access may be provided to either a lot containing a
dwelling unit or to its required parking spaces by way of street or alley
frontage, driveway access or similar access to a street.
(d) All structures on a lot which includes one or more dwelling
units, may, taken together, occupy no more than 80% of the lot area,
unless the tract or parcel map provides common open space equivalent to
20% of the lot area of each lot not meeting this provision.
(e) No front, side, or rear yard shall be required between lots within
an approved small lot subdivision. However, a five-foot setback shall be
provided where a lot abuts a lot that is not created pursuant to this
subdivision.
(f) No passageway pursuant to Section 12.21 C 2 of this Code
shall be required.
(g) In a P zone, lots may be developed as a small lot subdivision,
provided that the General Plan land use designation of the lot is
"commercial" or "multiple family residential."
(h) In an R2 zone, a lot may be developed as a small lot
subdivision provided that the lot meets the requirements of Section 12.09
A 3 of the Code.
(105208)
(i) A dwelling unit in a small lot subdivision shall not be required to
comply with Paragraphs (a), (b), (f) and (g) of Section 12.21 A 17 of this
Code.
0) Fences and walls within five feet of the front lot line shall be no
more than three and one-half feet in height. Fences and walls within five
feet of the side and rear lot lines shall be no more than six feet in height.
_21-
r-�
Sec. 7. The City Clerk shall certify to the passage of this ordinance and have it
published in accordance with Council policy, either in a daily newspaper circulated
in the City of Los Angeles or by posting for ten days in three public places in the City of
Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City
Hall; one copy on the bulletin board located at the ground level at the Los Angeles
Street entrance to the Los Angeles Police Department; and one copy on the bulletin
board located at the Temple Street entrance to the Los Angeles County Hall of
Records.
I- hereby certify that this ordinance was passed by the Council of the City of
Los Angeles, at its meeting of DEC 14 2004
FRANK T. MARTINEZ, City Clerk
By
Deputy
DEC 16 2004
Approved
Approved as to Form and Legality
Rockard J. Delgadillo, City Attorney
Byz
SHARON SIEDORF CARDENAS
Assistant City Attorney
Date DEC 0 3 2004
File No. CF 04-1546: CPC 2004 -3334 -CA
Mayor
Pursuant to Charter Section 559, 1 approve
this ordinance on behalf of the City
Planning Commission and recommend
it be adopted ......
—2-3—
December •3, 2004
see at"ed report.
6�a�
CONHOWE
Director of Planning
DECLARATION OF POSTING ORDINANCE
I, JULIA AMANTI, state as follows: I am, and was at all times
hereinafter mentioned, a resident of the State of California, over the age of
eighteen years, and a Deputy City Clerk of the City of Los Angeles,
California.
Ordinance No. 176354 - Amending Sections 12.03, 12.09, 12.12.1, 12.21
and 12.22 f the L.A.M.C. re: To Permit- Detached For -Sale Lot Subdivisions
in Commercial & Multifamily Residential Zones - a copy of which is hereto
attached, was finally adopted by the Los Angeles City Council on Dec. 14,L
2004, and under the direction of said City Council and the City Clerk,
pursuant to Section 251 of the Charter of the City of Los Angeles and
Ordinance No. 172959, on Dec. 22, 2004, I posted a true copy of said
ordinance at each of three public places located in the City of Los Angeles,
California, as follows: 1) One copy on the bulletin board at the Main Street
entrance to Los Angeles City Hall; 2) one copy on the bulletin board at the
ground level Los Angeles Street entrance to the Los Angeles Police
Department; and 3) one copy on the bulletin board at the Temple Street
entrance to the Hall of Records of the County of Los Angeles.
Copies of said ordinance were posted conspicuously beginning on Dec. 22,
2004 and will be continuously posted for ten or more days.
I declare under penalty of perjury that the foregoing is true and
correct.
Signed this 22nd day of Dec. 2004 at Los Angeles, California.
Ordinance Effective Date: Jan. 31, 2005
(Rev. 3/21/03)
i, bep4t-y--C i t y Clerk
Council File No. 04-1546
i�
DIVISION OF LAND
LOS ANGELZCS CITY
PLANNING
City Hall • 200 N. Spring Street, Room 750 • Los Angeles, CA 90012 °
Date: January 10, 2006
To: Licensed Engineers, Surveyors and Subdivision Consultants
From: Emily Gabel L
Deputy Advisory Agency
Subject: ADVISORY AGENCY POLICY NO. 2006-1
SMALL LOT SUBDIVISION (TOWNHOME) ORDINANCE
Introduction
On January 31, 2005 Ordinance No. 176,354 became effective. It is also known as the
"Small Lot Subdivision (Townhome) Ordinance". The new ordinance is posted on the web
at http://citypianning.lacity.org, under Housing Initiatives.
The ordinance permits the subdivision of multi -family and commercially zoned properties
into small single family or townhome style lots by reducing the minimum lot size and side
yard requirements, and eliminating requirements for conventional street frontage. The
ordinance does NOT apply to single family zones.
The Small Lot Ordinance applies onlyto projects involving divisions of land applications for:
Tracts (5 dwelling units or lots or more) or Parcel maps (4 or less dwelling units or lots).
The dwelling units can be townhome, patio, bungalow courtyard style or other
configurations, as long as each structure, from the foundation to the roof, is separate and
independent on its own.
The Department of Building and Safety will only accept construction drawings for Plan
Check, after the effective date of the Advisory Agency approval under the Small Lot
Ordinance of a subdivision for the division of land (Tract or Parcel Map applications)
The purpose of the Small Lot ordinance is to enable ownership of fee simple single family
homes. Because this new type of subdivision requires the analysis and recommendations
of several City agencies, the following items must be addressed through the clear depiction
of the proposed subdivision.
Filing Documents for Your Small Lot Subdivision
In addition to the routine documents filed with new subdivision/parcel applications, a
Small Lot subdivision/parcel map filing must contain additional specific items:
-25-
Advisory Agency Policy No. 2006-1: Small Lot Subdivision 2
A Tract Map is required to create 5 or more lots. The Tract must be filed as a
"Vesting Tentative Tract Map for Small Lot Subdivision Purposes," and accompanied
by illustrative site plan, buildings elevation(s) and other illustrative information.
A Site Plan Layout shall be superimposed over the proposed lot lines.
2. A Parcel Map is required to create 4 or less lots. The Parcel Map must be filed as
a "Preliminary Parcel Map for Small Lot Subdivision Purposes," and accompanied by
similar illustrative plans.
A Site Plan layout shall be superimposed over the proposed lot lines.
3. Each tentative or preliminary map shall include in the Notes Section of the map:
"Note: Small Lot Single Family Subdivision in the Zone, pursuant to Ordinance
No. 176,354. "
4. A Site Plan superimposed on the proposed Small Lot tentative or preliminary map
shall denote the following items:
a. Any easement(s) outside of the building envelopes for vehicular and
pedestrian ingress/egress; emergency access, utilities and infrastructure
purposes. These easements must be identified as either public easements
(for public utility purposes, for example); or private reciprocal easements
(crossing lot lines for vehicular and pedestrian access and/or cross lot surface
drainage, common landscape areas, for example).
b. Building footprint(s).
C. Identification of front, side and rear lot lines for each internal lot.
d. Identification of setbacks —from adjoining properties; from front, rear and side
yards within the proposed Small Lot subdivision. A matrix may also be used
to identify setbacks, but should be placed on the Site Plan for ease of analysis
(a sample matrix will be available online on the small lot website). A setback
of 3 feet is allowed within the Venice Coastal Specific Plan Ord. No. 172,897
from adjoining properties on the side yard.
e. Identification of Driveway Easement(s), location and width. Label "community
driveway/fire lane" for clarity.
Identification of vehicular back up space consistent with the requirements of
the Zoning Code and the Department of Building and Safety.
g. Identification of trash collection areas.
Advisory Agency Policy No. 2006-1: Small Lot Subdivision Ordinance 3
h. All public and private easements will be shown on the Final Map.
The Final Map must be labeled: "Final Vesting Tract Map for Small Lot
Subdivision Purposes" OR "Final Parcel Map for Small Lot Subdivision
Purposes"
Accessary structures shall be shown on the tentative and Final Map and shall
not be located in the required setback area.
Other Requirements for a Small Lot Subdivision
A Maintenance Association will be required, composed of all property owners, to
maintain all common areas such as trees, landscaping, trash, parking, community
driveway, walkways, monthly service for private fire hydrant (if required), etc. Each
owner and future property owners shall automatically become members of the
association and shall be subject to a proportionate share of the maintenance.
2. Recorded Covenant and Agreement(s) will be required for all reciprocal private
easements.
3. The minimum driveway/fire lane width will be 20 feet; any back up space (vehicles
leaving garages) must comply with the Zoning Code and the Department of Building
and Safety requirements.
4. Light courts or wells shall be a minimum of 3 feet in width for up to two-story
buildings and 4 feet in width for three-story buildings when it is next to exterior
openings providing natural light and ventilation. LAMC 91.1203.4.1.
5. Emergency access and egress windows at bedrooms shall be so located that they
are accessible by the Fire Department. LAMC 91-1203.
The following Departments have standard requirements. In the event, a subdivider has an
alternative proposal to these, then s/he must meet and get approval from relevant
department prior to the Advisory Agency hearing.
6. Los Angeles Fire Department Requirements:
a. The entrance or exit of all ground dwelling units shall not be more than 150
feet from the edge of a roadway of an improved street, access road, or
designated fire lane. If it exceeds 150 feet, a turnaround is required.
b. The Fire Department will require additional vehicular access (community
driveway/fire lane width of 28 feet) where buildings exceed 28 feet in height
at the edge of the roof. If they exceed 28 feet, a minimum 5 -foot stepback is
required — or other alternative to the satisfaction of the Fire Department. The
Advisory Agency Policy No. 2006-1: Small Lot Subdivision Ordinance 4
subdivider must secure tentative approval from the Fire Department prior to
the Advisory Agency hearing.
C. No building or portion of a building shall be constructed more than 300 feet
from an approved fire hydrant. Distance shall be computed along path of
travel. Exception: Dwelling unit travel distance shall be computed to front
door of unit.
d. That all Small Lot Subdivisions are required to be fully fire sprinklered.
7. Bureau of Sanitation (BOS) Solid Resource Collection Division - If the subdivider
elects to utilize a City of LA waste collection service, the following are required:
a. In order for BOS to provide "community driveway" collection, a LAFD
turnaround area is required. Otherwise, the residents will be required to place
their containers on the City street for collection.
b. BOS requires the driveway serving the small lot to be no less than 15 feet in
width. If parking is allowed, the vehicle travel area, with cars parked cannot
be less than 15 feet wide at any point.
C. If the property is gated, the gate opening must be a minimum of 20 feet wide
and the gates must remain open on trash collection day from 6 am to 6 pm.
d. Prior to making collection on a "community driveway" the BOS must have a
signed waiver releasing them from any damage to the road that may occur
due to the weight or hydraulic system in their trucks.
e. There must be 20 feet of clearance directly above the curb. It must be clear
of any trees or other obstacles.
f. All collection Rules and Regulations would apply.
A Word About Specific Plan Regulations and Small Lot Proposals
Adopted specific plans may contain detailed regulations for multi -family zones, including
restrictions on parking, guest parking, building heights and open space. READ THE PLAN
CAREFULLY. It is likely that a small lot subdivision will be evaluated against the multi -family
regulations of any adopted specific plan. In the event a deviation is sought from a specific
plan, the Advisory Agency recommends that any such deviation fall within the boundaries
of a Project Permit Adjustment (PPA) described in Section 11.5.7-E,2 of the Municipal Code,
as these are minor deviations; and a PPA will be processed concurrently with the
subdivision. If a Specific Plan Exception is required, that application must be processed
separately through a Commission Hearing Examiner.
Advisory Agency Policy No. 2006-1: Small Lot Subdivision Ordinance 5
Other Handy References: Small Lot Guidelines
The Planning Department website also posts Small Lot Subdivision Guidelines to provide
visual examples and some of the "do's and don'ts" of this innovative ordinance. Please
consult the guide for good ideas.
Departments Participating in Preparation of the Policy
This policy has been issued with concurrence of the most affected departments: Building
and Safety, Bureau of Engineering, Bureau of Sanitation, Transportation and Fire.
Subdividers are always encouraged to discuss individual site circumstances with all
departments prior to the Advisory Agency public hearing.
This Policy will be reviewed on July 1, 2006.
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4
CITY OF LOS
ATTACHMENT 3
ANGELES
SMALL LOT DESIGN
GUIDELINES
TABLE OF CONTENTS
1
INTRODUCTION
1
2
SITE ORGANIZATION AND URBAN FORM
3
2.1
SETBACKS AND SIDEYARDS
3
2.2
SITE LAYOUT AND DESIGN
4
2.3
HEIGHT AND MASSING
8
2.4
GRADE LEVEL
9
2.5
BUILDING TO STREET PROPORTION
10
3
PARKING AND DRIVEWAYS
13
3.1
NUMBER OF SPACES
13
3.2
DIMENSIONS
13
3.3
DESIRABLE CONFIGURATIONS
14
3.4
DRIVEWAY MATERIALS
14
4
BUILDING DESIGN AND MATERIALS
15
4.1
FENESTRATION
15
4.2
ARTICULATION OF ENTRYWAYS
16
4.3
BUILDING MATERIALS
17
4.4
ROOF LINES
17
5
LANDSCAPING
18
5.1
LANDSCAPING ADJACENT TO THE PUBLIC RIGHT OF WAY
18
5.2
LANDSCAPING WITHIN THE SITE
20
5.3
PLANT MATERIALS
20
6
ACCESS
21
6.1
PRIVACY
21
6.2
AIR, LIGHT, AND VENTILATION
21
6.3
SERVICES
22
APPENDIX A: SAMPLE SMALL LOT TRACT MAP 23
SMALL LOT DESIGN GUIDELINES
-31-
I INTRODUCTION
THE CITY of Los ANGELES has enacted the Small Lot Ordinance
(No. 17354) to allow the construction of fee -simple, infill
housing on small lots in multi -family zones. The housing can
take the form of single-family homes, duplexes, or triplex-
es. Small lot developments can offer a space -efficient and
economically attractive alternative to the traditional condo-
minium development.
Additionally, the ordinance offers a welcomed smart -growth
alternative to the suburban single-family home. However,
it brings a new set of spatial complexities. Lots may be both
small and awkwardly shaped. Driveways and parking can
take up much of an already limited lot size. Adjacent struc-
tures and neighborhood context may effectively limit build-
ing heights above two stories. In short, these spatial con-
straints and complexities require innovative design solutions.
This handbook provides design guidelines and suggestions
both for addressing these complexities, and for ensuring that
each small lot development benefits both its residents and
the neighborhood.
LOOKING AT SMALL LOT DESIGN FROM THREE LEVELS
Constructing infill housing offers a unique set of design chal-
lenges not simply on the parcel level, but also on the neigh-
borhood level and within the public realm. Developers and
architects must therefore consider both the design elements
of each townhouse and how these designs will enhance the
overall neighborhood character and vitality of the street and
sidewalk.
PARCEL
Small lot design and layout is fundamentally a site planning
challenge. It requires simultaneously addressing practical
spatial requirements while creating high-quality living envi-
ronments. Those practical requirements include: parking
and automobile access; small lot sizes and awkward configu-
rations; adequate access to air, light, and ventilation; outdoor
space and privacy. Developers must address these issues in
ways that ultimately enhance the living environment of each
dwelling unit. Additionally, each home must exhibit a high
level of design quality: well -articulated entries and facades,
proportionate windows, quality building mat erials, contex-
tual landscaping.
SMALL LOT DESIGN GUIDELINES
NEIGHBORHOOD
By its very nature, infill development occurs in neigh-
borhoods with preexisting development and preexist-
ing characteristics. In some cases, the neighborhood
will be predominantly residential; in others, the
neighborhood might be predominantly commerical.
Whatever the case, the design should enhance the
overall quality of the neighborhood. At this scale, de-
velopers and architects must consider not simply the
aesthetic nature of each townhouse, but the three-di-
mensional nature of the entire development: height,
massing, siting and orientation. These characteristics
must relate to the surrounding built form, respect-
ing the overall neighborhood character and existing
topography.
INTRODUCTION
PUBLIC REALM
Each infill project, however small, must add to a vital and coherent public realm—streets and sidewalks
that are pleasant, interesting, and comfortable to walk down. To do so, one must consider the three-di-
mensional relationship between the infill project and the street and sidewalk. Key variables to consider
are: building siting and orientation, height and massing; articulation of facades and entryways; place-
ment and type of street trees; landscaping and transitional spaces; and location of driveways and ga-
rages.
COMPREHENSIVE GOALS:
-Create high-quality indoor and outdoor living environments for all residents
-Design and configure housing to mesh well within the existing neighborhood context
-Enhance the public realm
-Provide fee -simple home ownership opportunities for greater numbers of people, of a range of income
levels
-Consolidate service and access areas (parking, driveways, garbage) to minimize their adverse effects on
both the public and private realms
-Create high-quality public spaces or common areas (i.e. shared driveways, landscaped areas)
Z SMALL LOT DESIGN GUIDELINES
—33-
2 SITE ORGANIZATION AND URBAN FORM
2.1 SETBACKS AND SIDEYARDS
No setbacks are required; however, neighbor-
hood context should provide direction for set-
ting buildings further back from the street. On
commercial streets, which have a more urban
character, minimal setbacks are appropriate
- simply enough room for a small front stoop,
and some landscaping to delineate the public
and private realms (however, dwellings with
ground -floor retail require no setbacks). On
residential streets, preexisting setbacks will
guide how far a small lot development is set
back.
In residential neighborhoods, AVOID configurations
that ignore existing setbacks.
USK
M
Where a uniform neighborhood setback exists, align
the small lot development with this setback. Slight
deviations from the setback are acceptable.
WE
V�
'may
x�
On residential streets with a range of setbacks, align
small lot dwellings with the furthest protruding build-
ing.
On commercial streets with a range of setbacks, small
lot developments should nearly abut the sidewalk, al-
lowing some room for an entry, front stoop, and some
transitional landscaping. However, dwellings with
ground -floor retail do not require such elements.
SETBACK GUIDELINES
-For both commercial and residential streets,
provide space for an entry, front landing, and
transitional landscaping between the public side-
walk and the private entryway.
-Match existing setbacks to the extent possible.
-On streets with varying setbacks, align small lot
dwellings with the furthest protruding dwelling.
SMALL LOT DESIGN GUIDELINES
SITE ORGANIZATION AND URBAN FORM
2.2 SITE LAYOUT AND DESIGN
Numerous spatial constraints – parking and driveways, adequate indoor and outdoor living space, and
small lot size – require spatially innovative solutions. Builders and designers should ask such ques-
tions as: Can I provide outdoor space not only at ground level, but also on balconies and rooftops? Is
there an alternate configuration that might take advantage of existing topography to provide more open
space? How might adjacent structures and street characteristics affect the development's overall form
and orientation? Builders and designers should explore as many spatial avenues as possible, ultimately
striking a balance between practical spatial requirements (i.e. parking, adequate interior space) and the
provision of amenities (i.e. private outdoor space).
Rear driveway off flanking street
.J — F]
a�
a�
Y � .
C
m
T -driveway off front street
L -driveway off front street
4 SMALL LOT DESIGN GUIDELINES
SITE ORGANIZATION AND URBAN FORM
a � f
^1 /�rD
Townhouses with a center access driveway
can enhance the public realm when front
townhouses are accessible from the side-
walk.
iUr
Small lot developments with a side access
driveway should configure front townhouses
to be accessible from the sidewalk. Interior
townhouses should be accessed from both
the driveway and a private walkway at the
front of the homes.
Configurations should also engage the street, sidewalk and
public realm. Streets serve not only as space for vehicular
movement, but also as public space for pedestrian activity
and casual social interaction. When designed well, small
lot developments can enhance the pre-existing character
of a good street, or improve a fragmented one. To do
so, infill housing should embrace rather than ignore the
street.
Rowhouses with integral front garages can adequately engage
the street if garages are not allowed to dominate the facade.
Tandem parking can minimize how much facade space is allo-
cated to parking. One might also consider stacked parking with
the aid of lifts.
alleyway
Rowhouses on commercial streets with rear alleyway access
can eliminate integral front driveways and minimize setbacks to
enhance the urban nature of the street.
SMALL LOT DESIGN GUIDELINES
—3&—
MUM
3&—
5
I
i
Rowhouses on commercial streets with rear alleyway access
can eliminate integral front driveways and minimize setbacks to
enhance the urban nature of the street.
SMALL LOT DESIGN GUIDELINES
—3&—
MUM
3&—
5
alleyway
SITE ORGANIZATION AND URBAN FORM
alleyway
Plan view Parking -level floor plan
It is possible to locate parking beneath dwellings. In this particular layout, residents access parking
from the alleyway and use a community driveway to reach their own parking stall. Notice in the above
righthand illustration how the dwellings are still structurally independent.
As shown in this side elevation, the parking is not technically subterranean. The site is excavated so that
the buildings sit below the average natural grade (indicated with a dashed line) and can be accessed from
the side staircase and walkway as well as from the community driveway.
6 SMALL LOT DESIGN GUIDELINES
SITE ORGANIZATION AND URBAN FORM
SITE LAYOUT GUIDELINES:
-To the extent possible, configure townhouses to
front streets and open spaces, not driveways.
-For townhouses not immediately adjacent to the
street, provide a private walkway from the side-
walk to them.
-Minimize the total amount of driveway space and
maximize green space.
-Where possible, utilize alleyways for access.
-Take advantage of existing topography and natu-
ral features (i.e. existing trees).
-Small lot developments that occupy a corner lot
must have the corner townhouse entrance front
the flanking street.
Small lot developments that occupy a corner must
have the corner townhouse entrance and main
facade front the flanking street.
',3a
SMALL LOT DESIGN GUIDELINES
7
SITE ORGANIZATION AND URBAN FORM
2.3 HEIGHT AND MASSING
Massing refers to how a building's volume is broken up and articulated. A building envelope is the maxi-
mum built volume allowed under the code. Well-designed buildings tend not to max out the building
envelope but rather employ volumetric variations (i.e. height, massing, rhythm, texture) to create visual
interest. These variations serve dual functions: they help small lot developments mesh with their sur-
roundings, and they enhance the overal quality of the street and public realm by providing visual inter-
est for pedestrians.
�a I
Small -lot developments that max out the building
envelope rarely blend well into existing single-fam-
ily neighborhoods.
HEIGHT AND MASSING GUIDELINES
- Use surrounding built context to inform varia-
tions in height and massing.
- Avoid excessive differences in height between
the new development and adjacent buildings.
-On streets with a more urban character, en-
sure adequate massing and facade variation at
street level.
SMALL LOT DESIGN GUIDELINES
Variations in height and massing, borrowing various
forms from adjacent structures, can help small -lot
developments blend better into the neighborhood.
On streets with a more urban character, small -lot de-
velopments should still employ variations in massing
(particularly at street level) to enhance the pedes-
trian realm.
r3gr
SITE ORGANIZATION AND URBAN FORM
2.4 GRADE LEVEL
A common concern of infill townhouses is their excessive
height in relation to surrounding structures. Appropriate
grade levels consistent with those of surrounding structures
can help to offset the potentially negative effects of increased
building height. Designers and builders should avoid designs
with excessive artificial grading. Resulting buildings ulti-
mately appear taller than what they may be, and their facades
tend to tower above the sidewalk, creating an unsightly and
inhospitable environment for pedestrians and neighbors. On
the other hand, subtle changes in grade can create a key tran-
sitional zone between the public and private realms, as well as
additional privacy for townhouse inhabitants.
10'—f— 17'---�—
T
N
N
O
Small lot developments with excessive grading
tend to tower above the neighborhood as well as
the sidewalk. The healthy interaction between the
public and private realms is compromised.
1 10'+- 17'
Subtle grade changes (here, three feet) clearly delin-
eate the public and private realms while still maintain-
ing a comfortable relationship between these realms
and their users.
GRADE LEVEL GUIDELINES
- Entrances should be three to five steps above grade or consistent with the average grade of existing
structures.
- Use "theoretical grade" as opposed to "average natural grade" when siting the development. "Theoreti-
cal grade" is defined by "an imaginary line from the midpoint of the parcel on the front property line to
the midpoint of the parcel on the rear property line."
- Townhouses whose entrances front commercial boulevards should sit three to five steps above sidewalk
level to allow room for a stoop and entryway and ideally some landscaped area. However, live -work or
ground -floor commerical arrangements whose work spaces front the boulevard do not require a grade
separation.
SMALL LOT DESIGN GUIDELINES 9
i
SITE ORGANIZATION AND URBAN FORM
2.5 BUILDING -TO -STREET PROPORTION
Building -to -street proportion refers to the relationship between the height of buildings on each side of
the street, to the width between those buildings. Ideal proportions create a public realm that is pleasant
for both the street's residents and passers-by. In essence, this means thinking of the street and sidewalk
as a potential "outdoor room." These are the kinds of outdoor spaces humans tend to most enjoy being
in and walking through. Through setbacks, appropriate heights, and landscaping, small lot develop-
ments can help contribute to the creation of these outdoor rooms.
�15'+10'+10'–} 60'• — 10+10'-12'
127'
With a height of 41 feet, the small lot development creates a height -width ratio of approximately 1:3. While
this ratio is sufficient for creating the semblance of an outdoor room, the street could benefit from landscape
interventions within the public and private realms adjacent to the small lot development.
17
101 SMALL LOT DESIGN GUIDELINES
Many Los Angeles streets have
skewed height -width ratios: low-rise
buildings abut narrow sidewalks and
extremely wide streets. Shown at
left: Hollywood Boulevard near the
101 Freeway, looking west.
— —11
SITE ORGANIZATION AND URBAN FORM
While there is no magic number, the
"walls," or building heights, should
extend upwards at least one-quarter
the width of the "floor," or the width
between buildings on opposite sides
of the street. Widths exceeding four
times the height of buildings tend to
eliminate any sense of enclosure for
the pedestrian.
In some cases, neighborhood con-
text may preclude increased building
heights. In this case, one can add
street trees within the public right-
of-way, and trees and landscaping
within the front yard area, to add
further definition to the public
realm. The effect is to create clearly
defined, shady spaces
1 „�
The simple addition of shade trees along the parkway (here,
above right, Sycamores) can greatly enhance the sense of enclo-
sure and comfort for pedestrians and residents.
�15'—+10'+ 10 60' 10+10,-
10'—�12'�
127'
Landscaping within the public, transitional, and private realms heightens the semblance of an outdoor room.
Use canopy -creating shade trees in the public and private realms. Groundcovers and low -growing plants (not
higher than 4') can further enhance the understory of the public and transitional realms without creating wall-
like barriers.
SMALL LOT DESIGN GUIDELINES
SITE ORGANIZATION AND URBAN FORM
BUILDING -TO -STREET PROPORTION GUIDELINES
- Attempt to achieve a building + grade height of at least 1/4 the width of the space between buildings
on opposite sides of the street.
- Define the public right of way through the planting of shade trees (see landscaping section for suggest-
ed species) and low -growing vegetation.
- Plant shade trees and ornamental plants within the private realm, to add increased definition and
visual interest to both the public and private realms. However, avoid landscape schemes that call for 4'+
shrubs or other plants immediately adjacent to the sidewalk.
Normandie Boulevard, Kore-
atown
Street width: 50'
Width, building face to building
face: 78'
Building heights: 65-80'
Height -width ratio: 1:1
7sti... a
r:� a•
t +
Dunsmuir Avenue, Miracle Mile
Street width: 40'
Width, building face to building face-
86'
ace:86'
Building heights: 24'
Ratio: 1:3
Larchmont Boulevard, Larchmont
Village
Street width: 70'
Width, building face to building face:
101'
Building heights: 13-26'
Ratio: 1:4
Boulevard Saint -Michel, Paris Via Cola di Rienzo, Rome Fifth Avenue, New York
Street width: 50' Street width: 50' Street width: 45'
Width, building face to building Width, building face to building face: Width, building face to park edge:
face: 98' 82' 100'
Building heights: 80' Building heights: 50-70' Building heights: 60-300+'
Height -width ratio: 1:1.2 Ratio: 1:1.4 Ratio: 1:2 to 3:1 +
Street drawings and dimensions taken from Jacobs, Allan B. Great Streets Cambridge: MIT Press, 1993.
2 SMALL LOT DESIGN GUIDELINES
3 I PARKING AND DRIVEWAYS
+10'
26'
If an integral front driveway configuration is the only
option for a small lot development, ensure that the
building width allows for landscaping and a front
entryway.
Avoid designs in which the garage dominates the
dwelling's facade.
PARKING AND DRIVEWAYS
The design of small -lot developments must
strike a particular spatial balance: simultane-
ously accommodate for the automobile but
maintain high-quality public and private living
environments. Often, small -lot configura-
tions allow parking, driveways, and garages
to dominate the landscape. These kinds of
configurations both create conflicts for pedes-
trians and decrease the overall aesthetic quality
of the development. Frequent curb cuts and
driveways jeopardize pedestrian safety and
eliminate space for street trees and on -street
parking. Parking improperly placed at the front
of townhouses can transform their facades into
large, unsightly garages. Ideally, designs should
locate parking behind dwellings, accessed from
alleys where present. If driveways are neces-
sary, designs should minimize their number.
3.1 NUMBER OF SPACES
The small lot ordinance requires the provision
of two parking spaces per unit. Tandem parking
is perfectly acceptable, space permitting. One
space can be for a compact car.
For small lot developments under to units,
guest parking is not required. For develop-
ments between io and loo units, .25 spaces
should be provided per unit. For developments
larger than this, .5 spaces should be provided
per unit.
3.2 DIMENSIONS
The small lot ordinance stipulates the following
dimensions for parking spaces:
8'8" x 18' for standard -size cars;
7'6" x 15' for compact cars.
Driveway width depends on lot depth and
building configuration. Integral front drive-
ways should be io'. In these configurations,
the building width should adequately allow for
integral front parking plus some yard and porch
or landing space. Access driveways will vary in
width depending on lot size, depth, and building
height. Please consult the Fire Department.
SMALL LOT DESIGN GUIDELINES
_ Z12A _
113
PARKING AND DRIVEWAYS
3.3 DESIRABLE CONFIGURATIONS
See section 2.2 for configurations.
3.4 DRIVEWAY MATERIALS
Currently semi -pervious driveway materials are not allowed under the code. However, one can use
stamped concrete to create a more aesthetically pleasing alternative to the black asphalt driveway.
PARKING GUIDELINES
-Favor townhouse configurations that locate parking to the rear of dwellings
-Where available, use alleyways as access to off-street parking
-If integral front driveways must be used, the building width should allow for the driveway plus an
ample amount of landscaping space and a front entryway, porch, or landing.
When driveways are located to the rear of dwellings,
the streetscape can become a comfortable outdoor
space for residents and passers-by.
14 SMALL LOT DESIGN GUIDELINES
Integral front driveway configurations tend to disrupt
the continuity of the sidewalk and public realm, and
eliminate space for street trees and on -street parking.
_45-
4 BUILDING
DESIGN AND MATERIALS
4.1 FENESTRATION
Effectively placed and articulated windows serve several
practical and aesthetic functions: access to light and air; a
transparent bridge between the public and private realms;
rhythm and visual interest. Because Los Angeles architecture
runs the gamut of styles, it is difficult to suggest one particu-
lar window style for townhouse developments. However,
some general rules of thumb exist for ensuring that window
placement and design enhance the overall quality of the
project.
FENESTRATION GUIDELINES
- Placement should follow some consistent rhythm, to create
visual clarity as well as to help avoid the creation of blank
walls.
-Windows need not all be horizontally or vertically propor-
tioned but rather their placement and orientation should
take cues from the building's overall style and configuration.
Regardless of architectural style, window placement
should follow some consistent rhythm. Note that rhythm
is not necessarily synonymous with symmetry.
SMALL LOT DESIGN GUIDELINES 15
6 11 SMALL LOT DESIGN GUIDELINES
BUILDING DESIGN AND MATERIALS
4.2 ARTICULATION OF ENTRYWAYS
Entryways serve as the gateway between the public and pri-
vate realms. When designed well, and clearly defined, they
simultaneously welcome visitors and clearly delineate the
boundaries of the private realm. They may also offer habit-
able outdoor space in the form of a small front porch or patio.
ENTRYWAY GUIDELINES
- Entryways should be clearly identifiable. This can be
achieved through stepping up the entryway, adding awnings,
creating a landing area or front porch, and the addition of
design details.
- Those townhouses fronting a street should always have their
primary entryway accessible from the street.
- In the case of corner townhouses, the entryway should open
onto the flanking street.
- Entryways should sit at a grade comparable to those of the
surrounding structures but should never tower above the
street.
- Garages should not take the place of the main entryway.
BUILDING DESIGN AND MATERIALS
4.3 BUILDING MATERIALS
Because Los Angeles architecture varies in style
– oftentimes within neighborhoods — these
guidelines do not prescribe particular build-
ing materials. However, neighborhood context
and the surrounding structures should inform
one's choice of materials. Generally, one should
choose durable, high-quality materials, consid-
ering how the materials will effect the overall
look and feel of the small lot development
4.4 ROOF LINES
Roof lines should offer some variation in form,
both vertically and horizontally. However, less
is often more. While townhouses should exhibit
some individuality, excessively varied and
multi -pitched and gabled roofs tend to create
a visual chaos that is undesirable and unneces-
sary. The key is to consider the effect the build-
ing's design elements (i.e. height and massing,
entryways, balconies, roof lines) will have on the
overall look and form of the dwelling.
Excessively varied and multi -pitched and gabled roofs
risk creating a visual chaos.
Roof lines can create subtle variations in form while
still allowing room for individuality.
SMALL LOT DESIGN GUIDELINES 17
—491 --
LANDSCAPING AND SMALL LOTS
Two types of landscape areas exist when de-
signing small lots: those adjacent to the public
right of way, and those located within the site.
Each fulfills a dual but somewhat separate role.
Those adjacent to the public right of way are not
simply assets to their owners, but also to the
neighborhood, the public realm, and to pass-
ers-by. These landscapes help to create a sort of
outdoor living room. Those landscapes located
within the site are assets not simply to the resi-
dents of the small -lot development, but also to
the individual owners of that landscape. They
provide much-needed private outdoor space and
some territory to treat as their own.
5.1 LANDSCAPING ADJACENT TO THE PUBLIC RIGHT
OF WAY
Front yard space serves a dual function, and
thus deserves particular attention. It acts as
both habitable outdoor space for its owners, and
as a proverbial shared living room of the neigh-
borhood. That is, while strangers may not walk
into the space, the yard is still a visual amenity
to the neighborhood and passers-by. Addition-
ally, it serves as a semi -transparent bridge be-
tween the private interior of the townhouse, and
the public realm of the sidewalk and street.
Typical but inappropriate landscaping comes in
the form of turf grass along the parkway and no
street trees; 7' -tall shrubs or fencing in the tran-
sitional zone, or just turf grass; and turf grass
in the private realm, with a few shrubs abutting
the building. The effect is a bland environment
that offers little visual interest, but that requires
much water to maintain. This kind of landscap-
ing views the space as an afterthought.
18 SMALL LOT DESIGN GUIDELINES
LANDSCAPING 5
Transtional planting of Senecio (ground cover), Silver
Jade (foreground), Fox Tail Agave (center), Toothless
Sotol (upper), and olive trees.
This landscape of turf grass and few trees is visu-
ally bland, requires extensive irrigation, and fails to
enhance or define both the public and private outdoor
realms.
, �/i q` _
LANDSCAPING
U @ N
C
CL
+�o
c
u, a
G
f6
d
Subtle variations in grade and drought -tolerant plant ma-
terials gracefully define transitions between the public and
private realms.
A better approach is to view the landscape
as three interlocking but separate zones:
the public realm (the street, parkway, and
sidewalk); the transitional zone near the lot
line; and the private realm beyond the lot
line. When landscaping for these zones, a
general rule of thumb is to strike a balance
between privacy and transparency, visual
interest and order. One can delineate the
three zones through subtle but defined
grade separations, which step up to the
private realm of the home. Within each
zone one can plant a different set of plant
materials, to add further definition. The
addition of shade trees, both within the
public and private realms, can complete
the outdoor room.
This approach accomplishes several goals:
- Clearly delineates zones without creating
walls
- Maintains visual interest through varia-
tions in plant materials, grades, and lim-
ited hardscape
- Minimizes water consumption and maxi-
mizes contributions to local flora and fauna
- Enhances the living environment of both
the public and private realms
LANDSCAPING AND PUBLIC RIGHT -Of -WAY
GUIDELINES
-Use a range of low-water and drought -
tolerant plant materials to provide visual
interest.
-Employ subtle variations in grade to
delineate transitions. Avoid the use of tall
fencing (over 4') and shrubbery immedi-
ately adjacent to the sidewalk.
-Avoid water -thirsty turf grass. Use low-
water and drought -tolerant ground covers
instead (see suggested species list).
-Plant shade trees within the public realm,
ideally spaced between 15' and 2o' apart.
SMALL LOT DESIGN GUIDELINES
19
5.2 LANDSCAPING WITHIN THE SITE
Whenever possible, small lot designs should
designate some fully private outdoor space for
each dwelling. This can take the form of small
interior yards, balconies, and roof decks. For
these spaces, the emphasis should be placed on
flexibility, rather than a sense of completion.
For yard space, plant materials need not be
too varied, so that residents may easily modify
them to make them their own. For balconies
and roof decks, size should be generous enough
to create usable spaces.
5.3 PLANT MATERIALS
Ultimately the landscape should in some way
enhance the natural environment of the neigh-
borhood. Additionally it should be relatively
low -maintenance. Drought -tolerant and native
species satisfy both of these criteria. Requir-
ing little maintenance once established, these
kinds of plants can create visually appealing
and ecologically sound landscapes. The follow-
ing website offers suggested species, as well as
sample landscapes to show possible groupings
of plants: www.bewaterwise.com/Gardensoft/
garden—gallery.aspx .
PLANTING GUIDELINES
- Apply mulch in between and around plants,
both to conserve moisture and to eliminate bare
earth, which can look unsightly and give the
landscape a barren feel.
- Use low-water ground covers instead of
high-water turf grass. However, avoid inva-
sive ground covers such as English Ivy and Ice
Plant. See above website for suggested species.
- Plant in groupings according to water needs.
- Maximize soft landscaping
- Incorporate existing natural features and
topography
20 SMALL LOT DESIGN GUIDELINES
LANDSCAPING
Groundcovers of Shrimp Pink Aloe and Senecio en-
hance and define the public realm without creating
walls or barriers.
A boulevard planting of Deer Grass, Fescue, and low-
water shade trees.
_�+—
6 ACCESS
Narrow sideyards can pose problems of privacy and
often fail to provide adequate access to air, light, and
ventilation.
6.1 PRIVACY
With small lot developments come issues of
privacy — not only for residents of the new
townhouses, but also for those of neighboring
properties. Improperly designed developments
create situations in which balconies overlook
neighboring yards or face other balconies, and
windows face directly onto neighboring win-
dows. Small lot designs should maximize access
to private outdoor space, light, and views, while
ensuring an adequate level of privacy of all resi-
dents. This will require particular attention to
the orientation and spatial form of the develop-
ment, distances between walls, and the location
of windows and balconies.
PRIVACY GUIDELINES
- Windows and balconies should not face or
overlook each other.
- When possible, minimize the number of
windows overlooking into neighboring interior
private yards. Otherwise use translucent glass
and/or screen the windows with landscaping.
6.2 AIR, LIGHT, AND VENTILATION
The small lot ordinance minimizes the size of
side, rear, and front yards in order to make
townhouse construction feasible. While al-
lowing for increased density, the reductions
make providing access to air, light, and ventila-
tion more complicated, Thus, architects and
builders must take full advantage of three-di-
mensional space to create environments that
are livable. Key criteria for natural light and
ventilation are that the building's orientation
and configuration, and the placement of win-
dows allow for:
- daylight to reach all living space for part of the
day, to the extent possible;
- adequate cross ventilation from cross breezes
when windows are open.
Certain configurations lend themselves better
than others to meeting these criteria. In gener-
al, one should avoid configurations that rely on
narrow sideyards (less than 6 feet from building
SMALL LOT DESIGN GUIDELINES 21
face to building face) for access to air and light.
Look to provide courts, niches, alcoves and
other spaces to allow for access to air, light, and
ventilation.
6.3 SERVICES
With small lot developments come a concentra-
tion of service and utility facilities — garbage
storage, vents, meters and transformers. To
minimize impact on adjacent dwellings and the
surrounding neighborhood, small lot designs
should attempt to locate these facilities in areas
that are unobtrusive, and in ways that integrate
them into the surroundings. Ideally, locations
for service should be consolidated.
SERVICE GUIDELINES
- Whenever possible, consolidate servicing areas
(i.e. trash) where they are easily accessible but
do not adversely impact adjacent residences
-Screen trash pickup areas with landscaping so
that they blend into the surroundings as much
as possible
-Locate transformers, utility meters and HVAC
equipment to the rear of dwellings whenever
possible. If this is not possible, ensure that they
are not visible from the public right of way.
22 SMALL LOT DESIGN GUIDELINES
ACCESS
A APPENDIX: SAMPLE SMALL LOT TRACT MAP
VESTING TENTATIVE
TRACT MAP for SMALL LOT
Include in Notes SUBDIVISION PURPOSES'
Section:
"Note: Small
Lot Single Family
Subdivision in
the __ Zone,
pursuant to
Ordinance No
176354" _ —
_ _ _ _ _ _ _ _ _ —
_
Indicate location of
I
any guest parking
1
I
I
Designate
Show building
I
I front yards for
footprints and
LOT 1
LOT 4
each lot
label lots I
I
I
s=
�l
I
I
1
I
LOT 2
3
LOT 5
— Indicate
property
lines
�—
I
E
E
LOT 3
° I
LOT 6
Icy'+
Indicate
setbacks for +
"
w;
all front, rear,
Indicate
and side yards
— — — —
trash
collection
areas
Label "community driveway/fire lane" (including
dimensions), and identify any easements outside the
building envelopes (e.g. pedestrian ingress/egress,
emergency access, utilities)
1. All other information required by Sec. 17.00 for filing is also required but is not shown in this example.
SMALL LOT DESIGN GUIDELINES
23
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PARCEL
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1V MONTE VT;T.% -AVE
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43 MONTE VISTA -A\'F-
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135 Monte Vista Ave.
'4'c47 ELPE1 AVE. [Project Site Area: 0.21 Acre
'No. of Units: 4
Developer: Harbinger
Homes, Inc.
-...;Status: Under Construction
2,01 FILEN AVE.
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Lett Elevation
1596 Santa Ana Ave.
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Project Site Area: 0.194 Acre
No. of Units: 2
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Developer: RSI
Status: Construction
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Gear Elevation
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Lett Elevation
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2590 Orange Ave.
Project Site Area: 0.20 Acre
No. of Units: 2
Developer: Jim Marino,
Marino Investments
Status:
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08/27/09 AT '08:OOAM
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ATTACHMENT 5
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144.00
RECORDING REQUESTED Or
FIRST AMERICAN TITLE COMPANY
NATIONAL HOMEBUILDER SERVICES
SU13DMSION DEPARTMENT
RECORDING REQUESTED BY:
WHEN RECORDED, MAIL TO:
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*20091320039*
(Space Above for Recorder's Use)
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS
FOR
GATSBY HOLLYWOOD
6177-49502\CCRS\ 799589.6
8/19/09
El
TABLE OF CONTENTS
FOR
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS
FOR
GATSBY HOLLYWOOD
ARTICLE I DEFINITIONS...
Page
1
1.1
Architectural Rules............................................................................................ 1
1.2
City.................................................................................................................... 2
1.3
Close of Escrow................................................................................................ 2
1.4
County............................................................................................................... 2
1.5
Committee.........................................................................................................2
1.6
Declarant........................................................................................................... 2
1.7
Declaration..................................................... ................................................... 2
1.8
Family ........ ........ ---.......................................................................................... 2
1.9
Fannie Mae.................................................................:...................................... 2
1.10
FHA................................................................................................................... 2
1.11
Freddie Mac.......................................................................
1.12
Ginnie Mae........................................................................................................ 2
1.13
Improvement.....................................................................-----...--...................... 2
1.14
Includes, Including............................................................................................ 3
1.15
Lot .................... ........................................................... -... ............................... 3
1.16
Maintain, Maintenance...................................................................................... 3
1.17
Maintenance Guidelines, Maintenance Manual or Maintenance
Recommendations............................................................................................. 3
1.18
Mortgage........................................................................................................... 3
1.19
Mortgagee......................................................................................................... 3
1.20
Mortgagor..........................................................................................................3
1.21
Official Records................................................................................................ 3
1.22
Owner................................................................................................................3
1.23
Person................................................................................................................3
1.24
Properties.......................................................................................................... 4
1.25
Record, Recorded, Recordation, or Filed.......................................................... 4
1.26
Residence.......................................................................................................... 4
1.27
Right to Repair Law.......................................................................................... 4
1.28
Rules and Regulations....................................................................................... 4
1.29
Supplemental Declaration................................................................................. 4
1.30
VA..................................................................................................................... 4
ARTICLE II USE RESTRICTIONS...................................................................................... 4
2.1 Single Family Residence ........................................ ........... --.............................. 4
2.2 Owners Association.......................................................................................... 4
4- 61774950ZCCRS\ 799589.6
8/19/09
3
TABLE OF CONTENTS
(continued)
Page
2.3
Improvements.................................................................................................... 5
2.4
Height and Setback Requirements.................................................................... 5
2.5
Grading and Concrete....................................................................................... 5
2.6
No Liability.......................................................................................................
5
2.7
Mechanics' Liens.............................................................................................. 5
2.8
Signs......... ......................................................................................................... 5
2.9
View Obstructions............................................................................................. 6
2.10
Occupancy of Vehicles..................................................................................... 6
2.11
Nuisances ...................... __..... ...-...................................... .................................
6
2.12
Antenna and Satellite Dish Restrictions............................................................
7
2.13
Animal Restriction............................................................................................
8
2.14
Parking and Vehicular Restrictions...................................................................
9
2.15
Business or Commercial Activity ...................................................................10
2.16
Trash................................................................................................................I1
2.17
No Hazardous Activities.................................................................................
11
2.18
No Mining and Drilling.................................................................................
11
2.19
Water and Sewer Systems...............................................................................
11
2.20
Drainage..........................................................................................................
12
2.21
Further Subdivision........................-----............................................•...............
12
2.22
Pollutant Controls; Planter Boxes; Permeable Pavers; Sump Pit ...................
12
2.23
Solar Energy Systems.....................................................................................
13
2.24
Floor and Roof Load Limitations....................................................................
13
ARTICLE III EASEMENTS AND ENCROACHMENTS
14
3.1 Utility Easements............................................................................................ 14
3.2 Exclusive Use Easements - Utility Vaults ...................................................... 14
3.3 Access to Drainage Ways................................................................................. 14
3.4 Sidewalks........................................................................................................ 14
3.5 Declarant Easements....................................................................................... 14
3.6 Right of Entry.................................................................................................. 15
3.7 Support, Settlement and Encroachment.......................................................... 15
3.8 Cross -Lot Drainage............ ............................................................................. 15
3.9 Clustered Mailboxes........................................................................................ 15
ARTICLE IV LANDSCAPE, IRRIGATION, AND MAINTENANCE ............................... 15
4.1 Exterior Maintenance and Repair; Owner's Obligations ................................ 15
4.2 Perimeter Wall Maintenance........................................................................... 16
4.3 Party Walls......................................................................................................16
ARTICLE V ARCHITECTURAL AND LANDSCAPE COMMITTEE ............................17
5.1 General Duties.................................................................................................17
5.2 Exemptions From Committee Review............................................................ 17
5.3 Members of Committee.....................................................................•---.......... 17
6177-49502\CCRS\ 799589.6
8/19/09
TABLE OF CONTENTS
(continued)
Page
5.4
Election of Committee Members....................................................................
18
5.5
Meetings of the Committee........, ......................................................
19
5.6
Submittals to Committee.................................................................................
19
5.7
Approval and Disapproval..............................................................................
19
5.8
No Waiver of Future Approvals......................................................................
19
5.9
Time Requirements.....................---•................................................................
19
5.10
Pre-Approvals.................................................................................................
20
5.11
Variance..........................................................................................................
20
5.12
Nonconformity................................................................................................
20
5.13
Compensation of Members.............................................................................
20
5.14
Non -Liability of Committee Members............................................................
20
ARTICLE VI TERMINATION, AMENDMENT, AND SEVERABILITY ......................... 21
6.1 Term; Termination.......................................................................................... 21
6.2 Amendment by Declarant............................................................................... 21
ARTICLE VII EXEMPTION AND RIGHTS OF DECLARANT ......................................... 22
7.1 In General........................................................................................................ 22
7.2 Assignment of Declarant's Rights.................................................................. 22
7.3 Exercise of Rights........................................................................................... 23
ARTICLE VIII DISCLOSURES.............................................................................................. 23
8.1 No Representations or Warranties.................................................................. 23
8.2
Property Lines.................................................................................................
23
8.3
Utility Improvements......................................................................................
23
8.4
Electrical Power Lines...--•..............................................................................
23
8.5
Urban Environment.........................................................................................
24
8.6
Lot 35/Orchard Gables Cottage......................................................................
24
8.7
Highways and Major Thoroughfares..............................................................
24
8.8
Surrounding Uses............................................................................................
24
8.9
Earthquake Fault Zones...................................................................................
25
8.10
Special Districts..............................................................................................
25
8.11
Supplemental Real Property Taxes.................................................................
25
8.12
Mold................................................................................................................26
ARTICLE IX
DISPUTES WITH DECLARANT PARTIES ................................................
26
9.1
Disputes...........................................................................................................26
9.2
No Enhanced Protection Agreement...............................................................
33
ARTICLE X
ENFORCEMENT OF RESTRICTIONS........................................................
33
10.1 Enforcement ......................
10.2 Costs and Attorneys' Fees.
-4-,3-
33
34
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A
TABLE OF CONTENTS
(continued)
Page
ARTICLE XI MISCELLANEOUS....................................................................................... 34
11.1 Constructive Notice and Acceptance............................................................ 34
11.2 Insurance Obligations of Owners .................. .:..:::........................................... 35
11.3 Interpretation ............................... ........................................................... 35
11.4 Severability......:.:.:.:...:...:...:......::...::................................35
11,5 Mortgage Protection........................................................................................ 35
11.6 Statutory References....................................................................................... 35
11.7 Articles, Sections and Exhibits....................................................................... 35
11.8 Priorities and Inconsistencies.......................................................................... 35
SUBORDINATION
EXHIBIT A - APPROXIMATE LOCATIONS OF EXCLUSIVE USE AREA
UTILITY VAULTS
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ME
a
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS
FOR
GATSBY HOLLYWOOD
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATION OF EASEMENTS is made by MH WILCOX, LLC, a Delaware limited
liability company, hereinafter referred to as "Declarant"
PREAMBLE:
A. Declarant owns certain real property located in the City of Los Angeles, County
of Los Angeles, State of California, more particularly described as follows:
Lots 1 to 34, inclusive, of Tract No. 66782, as shown on a
Subdivision Map, recorded in Book 1354, at Pages 42 to 46,
inclusive, of Maps, in the Office of the Los Angeles County
Recorder.
B. Declarant has deemed it desirable to impose a general plan for the improvement
and development of all of the Lots (as hereinafter defined) located within the Properties (as
hereinafter defined), through the creation of certain protective covenants, conditions, restrictions,
reservations, easements, equitable servitudes, liens, and charges all running with the Properties
as hereinafter set forth.
C. Declarant hereby declares that all of the Properties shall be held, sold, conveyed,
encumbered, hypothecated, leased, used, occupied, and improved subject to the following
easements, restrictions, covenants, conditions, and equitable servitudes, all of which are imposed
for the purpose of uniformly enhancing and protecting the value, attractiveness, and desirability
of the Properties in furtherance of a general plan for the protection, maintenance, subdivision,
improvement, and sale of the Properties, or any portion thereof. The covenants, conditions,
restrictions, reservations, easements, and equitable servitudes set forth herein shall run with the
Properties and shall be binding upon all Persons having any right, title, or interest in the
Properties, or any portion thereof, their heirs, successors, and assigns, and shall inure to the
benefit of every portion of the Properties and any interest therein, and shall inure to the benefit of
and be binding upon Declarant and its successors in interest, and each Owner (as defined herein)
and his or her respective successive Owners, and may be enforced by Declarant or by any
Owner.
ARTICLE I
DEFINITIONS
1.1 ARCHITECTURAL RULES. Architectural Rules means the rules or guidelines
setting design standards and procedures for submission of improvement plans for Committee
approval.
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1.2 CITY. City means the City of Los Angeles, California, its various departments,
divisions, employees and representatives.
1.3 CLOSE OF ESCROW. Close of Escrow means the date on which a deed
conveying any Lot in the Properties from Declarant to an Owner is Recorded in the Office of the
Los Angeles County Recorder.
1.4 COUNTY. County means the County of Los Angeles, California, its various
departments, divisions, employees and representatives.
1.5 COMMITTEE. Committee means the Architectural and Landscape Committee
formed pursuant to Article V hereof.
1.6 DECLARANT. Declarant means MH WILCOX, LLC, a Delaware limited
liability company, its successors, and any Person to whom it assigns any of its rights as Declarant
by written assignment. For purposes of this Section, "successor" means a Person who acquires
Declarant or substantially all of Declarant's assets by sale, merger, consolidation, sale of stock,
operation of law, or otherwise. Declarant may determine, in its sole discretion, the time, place
and manner by which is discharges its obligations and exercises its rights under this Declaration.
1.7 DECLARATION. Declaration means this instrument as is or as it may be
amended or restated.
1.8 FAMILY. Family means one or more natural Persons related to each other by
blood or legally related to each other by marriage or adoption, or a group of Persons not all so
related, but who maintain a common household in a Residence.
1.9 FANNIE MAE. Fannie Mae means the Federal National Mortgage Association,
a government-sponsored private corporation established pursuant to Title VIII of the Housing
and Urban Development Act of 1979 and its successors.
1.10 FHA. FHA means the Federal Housing Administration of the United States
Department of Housing and Urban Development and its successors.
1.11 FREDDIE MAC. Freddie Mac means the Federal Home Loan Mortgage
Corporation created by Title II of the Emergency Home Finance Act of 1970 and its successors.
1.12 GINNIE MAE. Ginnie Mae means the Government National Mortgage
Association administered by the United States Department of Housing and Urban Development
and its successors.
1.13 IMPROVEMENT. Improvement means all structures and appurtenances thereto
of every type and kind, including, but not limited to, the Residence and additions thereto,
balcony covers, awnings, walkways, sprinkler pipes, drainage pipes and facilities, clustered mail
box improvements, garages, roads, driveways, parking areas, satellite dishes and similar
receiving and broadcasting devices, solar heating fixtures, fences, screening walls, retaining
walls, stairs, decks, landscaping, hedges, windbreaks, plantings, trees and shrubs, poles, signs,
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and exterior air conditioning and water softener fixtures and equipment and the visible surface of
any such item, and the paint or finish on the surface thereof.
1.14 INCLUDES, INCLUDING. Whether capitalized or not, includes and including
mean "includes without limitation" and "including, without limitation," respectively.
1.15 LOT. Lot means any residential Lot shown upon a Recorded Subdivision or
Parcel Map or Maps of the Properties as it may be amended and subject to any applicable lot line
adjustments.
1.16 MAINTAIN, MAINTENANCE. Whether capitalized or not, maintain and
maintenance mean "maintain, repair and replace" and "maintenance, repair and replacement,"
respectively; provided, however, that maintain or maintenance shall not include repair and
replace(ment) where the context or the specific language of this Declaration provides another
meaning.
1.17 MAINTENANCE GUIDELINES, MAINTENANCE MANUAL OR
MAINTENANCE RECOMMENDATIONS. Maintenance Guidelines means any current
written guidelines, setting forth procedures and standards for the maintenance of the Lots by the
Owners, that may be provided to each Owner by Declarant or any governmental agency.
Maintenance Guidelines include any Maintenance Manual initially prepared at Declarant's
direction and containing Maintenance Recommendations prepared by Declarant pertaining to a
Residence or Lot.
1.18 MORTGAGE. Mortgage means any Recorded instrument, including a deed of
trust, by which a Lot or Lots are hypothecated to secure performance of an obligation.
1.19 MORTGAGEE. Mortgagee means a Person to whom a Mortgage is made, or
the assignee of the Mortgagee's rights under the Mortgage by a Recorded assignment.
Mortgagee includes the beneficiary under a deed of trust.
1.20 MORTGAGOR. Mortgagor means a person who has mortgaged his property.
Mortgagor includes the trustor under a deed of trust.
1.21 OFFICIAL RECORDS. Official Records means the Official Records of Los
Angeles County, California.
1.22 OWNER. Owner means the Person or Persons, including Declarant, holding fee
simple interest of record to any Lot. The term "Owner" shall include sellers under executory
contracts of sale but excludes Mortgagees. For purposes of Article II only, unless the context
otherwise requires, "Owner" shall also include the Family, guests, invitees, licensees, and tenants
of any Owner.
1.23 PERSON. Person means a natural individual, a corporation, or any other entity
recognized under California law. When not capitalized, "person" refers only to natural
individuals.
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1.24 PROPERTIES. Properties means the real property described in Preamble A of
this Declaration.
1.25 RECORD, RECORDED, RECORDATION, OR FILED. Record, Recorded,
Recordation or Filed means, concerning any document, the recordation or filing of such
document in the Office of the County Recorder.
1.26 RESIDENCE. Residence means a detached building located on a Lot and
designed and intended for use and occupancy as a dwelling for a single Family.
1.27 RIGHT TO REPAIR LAW. Right to Repair Law means Division 2, Part 2,
Title 7 (commencing with Section 895) of the California Civil Code.
1.28 RULES AND REGULATIONS. Rules and Regulations means the current rules
and regulations for the Properties that may be created by the Committee.
1.29 SUPPLEMENTAL DECLARATION. Supplemental Declaration means a
Recorded instrument that imposes conditions, covenants, or restrictions, or reserves easements.
A Supplemental Declaration may affect one or more Lots. Declarant may Record a
Supplemental Declaration against any Lots that Declarant owns. A Supplemental Declaration
may modify this Declaration as applied to the Lots made subject to the Supplemental
Declaration.
1.30 VA. VA means the Department of Veterans Affairs of the United States of
America and its successors.
ARTICLE II
USE RESTRICTIONS
All real property within the Properties shall be held, used, and enjoyed subject to the
following limitations and restrictions, subject to the exemptions of Declarant set forth in Article
VII and elsewhere herein:
2.1 SINGLE FAMILY RESIDENCE. Each Lot shall be used as a dwelling for a
single Family and for no other purpose. Subject to any Owner occupancy requirements
separately imposed by Declarant, an Owner may rent his Lot to a single Family provided that the
Lot is rented pursuant to a lease or rental agreement which is (a) in writing, and (b) subject to
this Declaration.
2.2 OWNERS ASSOCIATION. The Owners may establish an "association," as
defined in California Civil Code Section 1351(a), only with the prior approval of fifty-one
percent (51%) of the Owners in the Properties. Such association may be formed to exercise the
powers enumerated in California Civil Code Section 1363, including (1) maintaining and
administering real property within the Properties, (2) administering and enforcing the
Declaration and other governing documents, and (3) collecting and disbursing assessments and
charges. Approval of the creation of an association under this Section further constitutes the
requisite Owner approval of an amendment to this Declaration to provide for the rights and
obligations of the association.
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2.3 IMPROVEMENTS.
2.3.1 Outdoors. The following outdoor Improvements are prohibited unless
installed as a part of the original construction of the Properties by Declarant, or with the approval
of the Declarant or Committee: (a) clotheslines, except those installed out of sight of other Lots,
(b) balconies, (c) patio or deck covers, (d) wiring, air conditioning equipment, water softeners, or
other similar Improvements, (e) Improvements protruding through or on the surface of the walls
or roofs of buildings, and (f) other exterior additions or alterations to any Residence or Lot.
2.3.2 Installation of Front Yard Landscaping. Declarant shall install front
yard landscaping for each Lot in the Properties.
2.3.3 Indoors. No Owner or other resident of the Properties may line or coat
any window with paint, foil, paper, newspaper, cardboard or other reflective material. However,
for a period not to exceed ninety (90) days following the Close of Escrow for the sale of the Lot,
the Owner may use clean white sheets as temporary window coverings pending installation of
permanent draperies, shutters or other appropriate window coverings.
2.3.4 Code Requirements. All Improvements in the Properties must be
completed in accordance with the Uniform Building Code and applicable laws, ordinances,
regulations or requirements of governmental authorities with jurisdiction over the Properties.
2.4 HEIGHT AND SETBACK REQUIREMENTS. Pursuant to the City
conditions of approval for the Properties, the maximum building height for buildings in the
Properties is thirty-six (36) feet from the City approved pad grade. Contact City for specific
minimum setback areas for each Lot. No Owner shall construct or cause to be constructed any
Improvement on such Owner's Lot which violates these height and setback requirements.
2.5 GRADING AND CONCRETE. No Owner may alter the grading design or
concrete areas installed in an Owner's Residence or in any portion of the Properties.
2.6 NO LIABILITY. Declarant shall not be liable or responsible for any damage
that results from Improvements installed, constructed or modified by or at the direction of an
Owner. Owners are advised to consult and use qualified consultants and contractors when
installing, constructing or modifying Improvements in the Owner's Residence or on the Lot.
2.7 MECHANICS' LIENS. No Owner may cause or permit any mechanic's lien to
be filed against another Owner's Lot for labor or materials alleged to have been furnished or
delivered to such Owner, and any Owner who permits a mechanics' lien to be so filed shall cause
the lien to be discharged no later than five (5) days after notice to the Owner from the Declarant
or the Owner of the affected Lot.
2.8 SIGNS. Subject to California Civil Code Sections 712, 713 and 1353.6, no sign,
poster, billboard, balloon advertising device or other display of any kind shall be displayed
within the Properties or on any public street within or abutting the Properties except for the
following signs, so long as they comply with applicable City requirements:
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2.8.1 signs (regardless of size or configuration) used by Declarant in connection
with construction, alteration or development of the Properties or sale, lease or other disposition
of Lots in the Properties;
2.8.2 one (1) nameplate or similar Owner name or address identification sign for
each Lot which complies with Committee rules;
2.8.3 one (1) sign for a Lot advising of the existence of security services
protecting a Lot which complies with Committee rules;
2.8.4 one (1) sign which may be displayed on each Lot advertising the Lot for
sale or lease; and
2.8.5 other signs or displays authorized by the Committee.
2.9 VIEW OBSTRUCTIONS. Neither Declarant nor any of its authorized agents,
representatives or employees have made any warranties or promises concerning any view,
present or future, that may be enjoyed from all or any portion of the Properties. The view from
the Residence and Lot and any portion of the Properties may change or differ from renderings,
computer generated models and other visual representations. These views may be affected or
obstructed by (i) current or future construction outside the Properties; (ii) installation of
Improvements, including, but not limited to, structures, fences, walls and landscaping installed
by Declarant, Owners or owners of property outside the Properties and (iii) the growth of trees,
landscaping or other vegetation within or outside the Properties. Owners acknowledge that,
under California law, views are not subject to legal protection. Owners also acknowledge that
this Declaration contains no provisions intended to protect the view from the Residence, Lot or
any other portion of the Properties.
2.10 OCCUPANCY OF VEHICLES. No garage, trailer, camper, motor home, boat,
or recreational vehicle shall be used as a dwelling in the Properties, either temporarily or
permanently.
2.11 NUISANCES. Noxious or offensive activities are prohibited in the Properties
and on any street abutting or visible from the Properties. The Committee is entitled to determine
if any device, noise, odor, or activity constitutes a nuisance.
2.11.1 Nuisance Devices. Nuisance devices may not be kept or operated in the
Properties or on any public street abutting the Properties, or exposed to the view of other Lots or
streets. Nuisance devices include the following:
(a) All horns, sirens, whistles, bells or other sound devices (except
security devices used exclusively to protect the security of a Residence or a vehicle and its
contents);
(b) Noisy or smoky vehicles, power equipment (excluding lawn
mowers and other equipment used in connection with ordinary landscape maintenance), and
Prohibited Vehicles (defined below);
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,v
(c) Devices that create or emit loud noises or noxious odors;
(d) Construction or demolition waste containers (except as permitted
in writing by the Committee);
(e) Devices that unreasonably interfere with television or radio
reception to a Lot;
(f) Plants, trees, shrubs, seeds or any other landscaping materials
infected with noxious insects or plant diseases;
(g) The presence of any other thing in the Properties which may (i)
increase the rate of insurance in the Properties, (ii) result in cancellation of the insurance, (iii)
obstruct or interfere with the rights of other Owners, (iv) violate any law or provisions of this
Declaration or the Rules and Regulations, or (v) constitute a nuisance or other threat to health or
safety under applicable law or ordinance.
2.11.2 Nuisance Activities. Nuisance activities may not be undertaken in the
Properties or on any public street abutting the Properties, or exposed to the view of other Lots or
streets. Nuisance activities include the following:
(a) Hanging, drying or airing clothing, fabrics or unsightly articles in
any place that is visible from other Lots or public streets;
(b) The creation of unreasonable levels of noise from parties, recorded
music, radios, television or related devices, or live music performance;
(c) The creation of unreasonable levels noise from a barking dog or
other animal kept in the Properties (e.g., chronic daily nuisance barking by a dog over extended
periods of time);
(d) Repair or maintenance of vehicles or mechanical equipment,
except in a closed garage or rear yard screened from view by other Lots;
(e) Outdoor fires, except in barbecue grills and fire pits designed and
used in such a manner that they do not create a fire hazard;
(f) Outdoor storage of bulk materials or waste materials except in
temporary storage areas designated by the Committee;
(g) Any activity which may (i) increase the rate of insurance in the
Properties, (ii) result in cancellation of the insurance, (iii) obstruct or interfere with the rights of
other Owners to quiet enjoyment of their Lots, (iv) violate any law or provisions of this
Declaration or any Rules and Regulations, or (v) constitute a nuisance or other threat to health or
safety under applicable law or ordinance.
2.12 ANTENNA AND SATELLITE DISH RESTRICTIONS. No Person may
install on the exterior of any Residence or in any portion of the Lot any antenna or over -the -air
receiving device except for an "Authorized Antenna." An Authorized Antenna is (i) an antenna
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I
designed to receive direct broadcast satellite service, including direct -to -home satellite service,
that is one meter or less in diameter, or (ii) an antenna designed to receive video programming
service, including multichannel multipoint distribution service, instructional television fixed
service, and local multipoint distribution service, and is one meter or less in diameter or diagonal
measurement, or (iii) an antenna designed to receive television broadcast signals, and includes
(iv) a mast supporting an antenna described in items (i), (ii), or (iii) above.
2.12.1 Restrictions on Installation. The Committee may adopt reasonable
restrictions on installation and use of an Authorized Antenna in order to minimize visibility of
the Authorized Antenna from other Lots. Such restrictions may designate one or more preferred
installation locations, or require camouflage such as paint (subject to the antenna manufacturer's
recommendations) or screening vegetation or other Improvements. However, no restriction
imposed by the Committee may (i) unreasonably delay or prevent the installation, maintenance
or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance
or use of an Authorized Antenna, or (iii) preclude acceptable duality reception.
2.12.2 Prohibitions on Installation. The Committee may prohibit the
installation of an Authorized Antenna in a particular location if, in the Committee's opinion, the
installation, location or maintenance of such Authorized Antenna unreasonably affects the safety
of the Owners or any other Person, or for any other safety-related reason established by the
Committee. The Committee may also prohibit an Owner from installing an Authorized Antenna
on any real property which such Owner does not own or is not entitled to exclusively use or
control under the restrictions. The Committee also has the power to prohibit or restrict the
installation of any antenna or other over -the -air receiving device that does not meet the definition
of an Authorized Antenna above.
2.12.3 Review after Installation. The Committee may review the location and
installation of an Authorized Antenna after it is installed. After its review, the Committee may
require that the Authorized Antenna be moved to a preferred location (if one has been
designated) for safety reasons or to comply with reasonable restrictions subject to this
Section 2.12 and applicable law.
2.12.4 Restatement of Applicable Law. This Section is intended to be a
restatement of the authority granted to the Committee under the law. All amendments,
modifications, restatements and interpretations of the law applicable to the installation, use or
maintenance of an antenna or other over -the -air receiving device shall be interpreted to amend,
modify, restate or interpret this Section.
2.13 ANIMAL RESTRICTION. No livestock, large reptiles, poultry or other
animals of any kind shall be raised, bred or kept in the Properties. However, domestic dogs, cats,
birds, or other customary household pets may be kept in the Properties, provided that they are not
kept, bred, or maintained for commercial purposes or in numbers greater than allowed by City
ordinance. Small household pets such as fish and caged birds may be kept in reasonable
numbers so long as there is no external evidence of their presence in the Properties.
Notwithstanding the foregoing, no Person may keep any animal that is obnoxious to residents in
the vicinity or that is a nuisance under Section 2.11.1(g). Animals belonging to Owners,
occupants, or their licensees, tenants, or invitees within the Properties must be either kept within
an enclosure or on a leash at all times under the control of a Person capable of controlling the
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animal. Furthermore, an Owner shall be absolutely liable to each and all remaining Owners,
their Families, guests, tenants, and invitees for damages or injuries caused by any animals
brought or kept upon the Properties by an Owner or by members of his Family, his tenants, or his
guests. Each Owner shall clean up or remove any excrement or other unsanitary conditions
caused by such Owner's animals on any portion of the Properties.
2.14 PARKING AND VEHICULAR RESTRICTIONS.
2.14.1 Definitions. The following definitions shall apply to parking and vehicular
restrictions set forth in this Declaration:
(a) Authorized Vehicle. An "Authorized Vehicle" is an automobile, a
sport -utility vehicle, a recreational vehicle, a passenger van designed to accommodate ten (10) or
fewer people, a motorcycle, or a pickup truck having a manufacturer's rating or payload capacity
of one (1) ton or less. The Committee has the power to identify additional vehicles as
Authorized Vehicles in the Rules and Regulations in order to adapt this restriction to other types
of vehicles that are not listed above.
(b) Prohibited Vehicles. The following vehicles are "Prohibited
Vehicles:" (i) commercial -type vehicles (for example, stakebed trucks, tank trucks, dump trucks,
step vans, delivery trucks, concrete trucks and any other vehicles with manufacturer's rating or
payload capacity in excess of one (1) ton), (ii) limousines, buses or vans designed to
accommodate more than ten (10) people, (iii) inoperable vehicles or parts of vehicles, (iv)
aircraft, (v) boats, (vi) water toys such as wave runners, (vii) boat trailers, (viii) other trailers
designed for hauling vehicles, livestock, equipment or materials, (ix) any vehicle or vehicular
equipment deemed a nuisance by the Committee, and (x) any other vehicle not classified as an
Authorized Vehicle. If a vehicle qualifies as both an Authorized Vehicle and a Prohibited
Vehicle, then the vehicle is presumed to be a Prohibited Vehicle, unless the vehicle is expressly
authorized in writing by the Committee. The Committee has the power to identify additional
vehicles as Prohibited Vehicles in the Rules and Regulations to adapt this restriction to other
types of vehicles that are not listed above.
2.14.2 Parking and Garage Restrictions.
(a) Prohibited Vehicles. Prohibited Vehicles may not be parked,
stored or kept in the Properties except for brief periods during loading, unloading, or emergency
repairs. However, a resident may park a Prohibited Vehicle in the garage so long as the garage is
kept closed and the presence of the Prohibited Vehicle does not prevent any Authorized Vehicle
from being parked in the garage at the same time.
(b) Garages. Each Owner shall at all times ensure that the garage
accommodates at least the number of Authorized Vehicles for which it was originally
constructed by Declarant. The garages shall be used for parking vehicles and storage of personal
property only. Garages are not for use as additional living space. Garage doors must be kept
closed except as necessary for entry or exit of vehicles or persons.
2.14.3 Shared Driveways. All Lots in the Properties are served by shared
driveways constructed on portions of the Lots in the approximate locations as shown on the Final
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Map (the "Shared Driveways'. Each Lot in the Properties shall have an appurtenant and
nonexclusive easement over the Shared Driveways for pedestrian and vehicular access, ingress
and egress reasonably necessary for the purpose of accessing a Residence. By acceptance of a
deed to a Lot in the Properties, each Owner understands and accepts that the Shared Driveways
are solely to be used for access to and from such Owner's Residence. No Shared Driveway in
the Properties may be used for storage of personal property or for parking, other than for
temporary purposes, not to exceed thirty (30) minutes in any twenty-four (24) hour period. No
Owner shall unreasonably interfere with another Owner's exercise of easement rights over the
Shared Driveways. Each Owner shall be responsible for the cost of repair of damage to the
Shared Driveways to the extent caused by such Owner, or such Owner's Family, tenants or
invitees. Each Owner shall also be responsible for an equal share of the costs associated with
reasonable maintenance of the Shared Driveways that serve their Lot. If any Owner refuses to
pay their share of maintenance or repair costs for the Shared Driveways, the remaining Owners
shall have the right to perform the maintenance or repair and to sue the defaulting Owner for
reimbursement of the costs of maintenance or repair, attorney's fees and the costs of suit. Shared
Driveway Improvements, particularly the permeable pavers, shall be replaced with
Improvements substantially the same materials as the original installed by Declarant unless prior
written City approval is obtained and an alternative method of storm water management is
installed or implemented.
2.14.4 Repair, Maintenance and Restoration. No Person may repair, maintain
or restore any vehicle in the Properties, unless such work is conducted in the garage with the
garage door closed. However, no Person may carry on in any portion of the Properties any
vehicle repair, maintenance or restoration business.
2.15 BUSINESS OR COMMERCIAL ACTIVITY.
2.15.1 Generally. No Owner or other occupant of the Properties may undertake
any activity on any Lot or on any other portion of the Properties for business or commercial
purposes including manufacturing, mercantile, storage, vending, auctions, transient occupancy
(such as vacation rental, hotel, or time-share), vehicle or equipment repair, or other non-
residential purposes. Such activities are prohibited whether they are engaged in full- or part-
time, whether they are for-profit or non-profit, and whether they are licensed or unlicensed.
2.15.2 Exceptions. This Section shall not be interpreted to prohibit any of the
following.
(a) The hiring of employees or contractors to provide maintenance,
construction or repair of any Improvement consistent with this Declaration or any Supplemental
Declaration;
(b) Exercise by Declarant of any rights reserved to it under Article
XV;
(c) The provision of family home child care services as defined in
California Health and Safety Code Section 1597.44, so long as such services comply with all
applicable zoning requirements and state law;
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(d)
with all of the following:
permanent, full-time basis;
The operation of small home-based service businesses that comply
10
(ii)
place solely inside the Residence;
The operator of the business lives in the Residence on a
When conducted in the Properties, business activities take
(iii) Visits by clientele or suppliers are limited to regular
business hours and clientele and suppliers park their vehicles outside the Properties or in the
garage on the Lot;
(iv) The activity complies with all laws, regulations and
ordinances applicable to the Properties, including zoning, health and licensing requirements;
(v) The activity otherwise complies with the Declaration and is
consistent with the residential character of the Properties;
(vi) The operator of the business posts no signage anywhere in
the Properties;
(vii) Other than visits by clientele or suppliers, there is no
visible evidence in the Properties of the activity; and
(viii) The activity does not generate noise or odors that are
apparent outside the Residence.
2.16 TRASH. Trash must be stored in sanitary trash containers. No trash or
containers may be left or stored outdoors. However, trash containers may be set out at curbside
for a reasonable period of time on trash collection days (not to exceed twelve (12) hours before
and after scheduled trash collection hours). At all other times, Owners must store trash
containers in the garage until scheduled collection times.
2.17 NO HAZARDOUS ACTIVITIES. No activities shall be conducted on any Lot,
and no Improvements shall be constructed on any Lot which are or might be unsafe or hazardous
to any Person or property.
2.18 NO MINING AND DRILLING. No oil drilling, oil, gas or mineral
development operations, oil refining, geothermal exploration or development, quarrying or
mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks,
tunnels or mineral excavations or shafts be permitted upon the surface of any Lot or within five
hundred (500) feet below the surface of the Properties. No derrick or other structure designed
for use in extraction of soil, rock or gravel, or for boring or drilling for water, oil, geothermal
heat or natural gas shall be erected, maintained or permitted upon any Lot.
2.19 WATER AND SEWER SYSTEMS. No individual water supply system, water
softener system, or sewage disposal system shall be permitted on any Lot unless such system is
designed, located, constructed, and equipped in accordance with the requirements, standards, and
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recommendations of any applicable water district and any applicable governmental health
authority having jurisdiction.
2.20 DRAINAGE. There shall be no interference with or obstruction of the
established surface and subsurface drainage pattern(s) over any Lot within the Properties, unless
an adequate alternative provision is made for proper drainage. Any alteration of the established
drainage pattern must at all times comply with all applicable local governmental requirements.
For the purpose hereof, "established" drainage is defined as the drainage which exists at the time
of the first Close of Escrow for the sale of the Lot by Declarant, or as shown on any plan
approved by the Committee and may consist of earthen or concrete drainage swales, concrete
channels, catch basins with underground drainage pipelines, roof -mounted gutters or downspouts
("Surface Drainage Improvements'. Established drainage includes drainage from Lot to Lot
and to and from property lying outside the Properties. Each Owner shall maintain, repair, and
replace and keep free from debris or obstructions all Surface Drainage Improvements, if any,
located on the Owner's Lot, except those for which a public authority or utility is responsible.
To the extent such drainage improvements are shared, the benefited Owners shall share in the
cost of maintenance, repair and replacement thereof. Each Owner, by accepting a grant deed to
his Lot, acknowledges and understands that in connection with the development of the
Properties, Declarant may have installed one or more "drain lines" beneath the surface of such
Owner's Lot ("Sub Drains'. The Sub -drains and all appurtenant improvements constructed or
installed by Declarant if any, provide for subterranean drainage of water from and to various
portions of the Properties. To ensure adequate drainage within the Properties, it is essential that
the Surface Drainage Improvements and the Sub -Drains, if any, not be modified, removed or
blocked without having first made alternative drainage arrangements. Therefore, no Owner may
install, alter, modify, remove or replace any Surface Drainage Improvements or Sub -Drains
located within such Owner's Lot without first making alternative drainage arrangements
approved by the Committee and applicable governmental agencies. Owner -installed irrigation
systems must be installed and maintained to prevent excess runoff and accumulation of surface
water.
2.21 FURTHER SUBDIVISION. No Owner shall further partition or subdivide his
Lot; provided, however, that this provision shall not be construed to limit the right of an Owner
(a) to rent or lease his entire Lot by means of a written lease or rental agreement subject to the
restrictions of this Declaration, so long as the Lot is not leased for transient or hotel purposes; (b)
to sell his Lot; or (c) to transfer or sell any Lot to more than one person to be held by them as
tenants-in-common, joint tenants, tenants by the entirety or as community property. The terms
of any such lease or rental agreement shall be made expressly subject to this Declaration. Any
failure by the lessee of such Lot to comply with the terms of this Declaration shall constitute a
default under the lease or rental agreement.
2.22 POLLUTANT CONTROLS; PLANTER BOXES; PERMEABLE PAVERS;
SUMP PIT. The Properties are subject to all federal, state and local requirements of the
National Pollutant Discharge Elimination System ("NPDES'� adopted pursuant to the federal
Clean Water Act. The City has adopted a Water Quality Management Plan for the Properties to
reduce the discharge of pollutants to storm water facilities. The Water Quality Management Plan
for the Properties may impose so-called best management practices ("BMPVto regulate
pollutant discharge by Owners. Each Owner shall comply with the applicable post -construction
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BMPs: Copies of the NPDES General Permit and any BMPs that are applicable to the Properties
are on file with the City.
2.22.1 Planter Boxes. Flow-through planter boxes have been installed on the
Lots by Declarant to comply with NPDES and BMP requirements for the Properties. Each
Owner is responsible for maintaining the flow-through planter boxes and water quality features
thereof located on their Lot, which includes maintaining the vegetation and irrigation system and
inspecting the planters periodically, as well as after storms, to ensure structural integrity and that
a planter has not become clogged. Flow-through planter boxes may not be removed and may not
be replaced with any Improvements that do not provide the same water quality features as those
installed by Declarant without the prior written consent of the City.
2.22.2 Permeable Pavers. Shared Driveways in the Properties have been
installed with permeable pavers that have water quality features to comply with NPDES and
BMP requirements for the Properties. Permeable pavers must be repaired and replaced with
substantially the same materials as originally constructed and must be maintained properly to
allow the water quality features to work as intended.
2.22.3 Sump Pit. Certain Lots contain a sump pit that must be maintained by the
Owner in accordance with the requirements of the City. Owners of affected Lots agree, but the
acceptance of a deed to said Lot, that they understand the sump pit located on the Lot is for
conducting site and roof water to the street and that they will be responsible for maintaining the
pump system in proper working condition at all times for this purpose, including ensuring that
any water which accumulates in the sump pit is removed by the sump pump or by other means.
2.23 SOLAR ENERGY SYSTEMS. Residences in the Properties have been
constructed with a roof based solar energy system. Owners are responsible for maintenance of
their solar energy system, including hiring an authorized installer to perform an annual
inspection of the electrical components and periodically cleaning the solar roof with a garden
hose from the ground level if necessary. Owners are solely responsible for monitoring costs
associated with the solar energy system, if any. Owners who purchase their Residence from
Declarant will receive a copy of the system warranty and shall be responsible to providing a copy
to any subsequent purchasers during the warranty period.
2.24 FLOOR AND ROOF LOAD LIMITATIONS. The second floor and roof deck
of the Residence are designed to support a forty (40) pound per square -foot live load plus a
twelve (12) pound per square foot dead load as outlined in the Uniform Building Code. Prior to
installation of any heavy furnishings or equipment into the Residence or on the roof, Owners are
required to consult with a structural engineer or other qualified professional to confirm that the
heavy furnishings or equipment will not exceed the structural design of the Residence and that
the flooring system (whether on second story floors or roof) will not be overloaded, damaged or
otherwise adversely affected by such heavy furnishings or equipment. Heavy furnishings or
equipment include, without limitation, waterbeds, safes, weight benches, heavy exercise
equipment, large fish tanks, spas and pool tables. Declarant does not accept responsibility for
damage resulting from Owners placing anything in the second floor of the Residence that
exceeds this weight limit.
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ARTICLE III
EASEMENTS AND ENCROACHMENTS
OF
3.1 UTILITY EASEMENTS. Each Owner agrees, by acceptance of his deed, that
his Lot is granted subject to easements for utility installations and maintenance (a) as shown on
the Recorded Final Subdivision Maps of the Properties, (b) of Record prior to the Close of
Escrow for his Lot, and (c) or recorded by Declarant in accordance with the terms of the Grant
Deed to Purchaser. Within these easements, no structure, planting, or other material shall be
placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities and drainage facilities. The utility easement areas of each Lot and all
Improvements therein shall be maintained continuously by the Owner of such Lot, except for
those Improvements for which a public authority or utility company is responsible.
3.2 EXCLUSIVE USE EASEMENTS — UTILITY VAULTS. Declarant reserves
for the benefit of specified Owners exclusive easements over the Properties for access and use of
utility vaults approximately located in the areas shown on Exhibit A attached hereto. Owners
shall maintain the vault and any utilities therein that are not maintained by a utility company.
The foregoing easements shall be conveyed by Recorded deed, and the easements so conveyed
shall be appurtenant to and run with the Owner's Lot, subject to the right of Declarant and its
representatives to enter such areas as described in this Declaration.
3.3 ACCESS TO DRAINAGE WAYS. Each Owner agrees for such Owner and
such Owner's successors in interest, by the acceptance of the deed to a Lot, to permit free access
by Owners of other Lots to drainage ways, if any, located on the Lot, which drainage ways affect
said other Lots, when such access is essential for the maintenance of drainage ways for the
protection or use of said other Lots.
3.4 SIDEWALKS. Declarant reserves, for the benefit of the City, every Owner, and
each Owner's Family, tenants and invitees, nonexclusive easements for pedestrian access,
ingress and egress and City maintenance over the sidewalks constructed on a portion of each Lot
in the Properties. This easement is appurtenant to and passes with title to every Lot in the
Properties. No Owner may store anything in the sidewalks, block access over the sidewalks or
affix any Improvement on the sidewalks. Declarant further reserves easements over each Lot in
the Properties for the benefit of the City as reasonably necessary for maintenance of the
sidewalks.
3.5 DECLARANT EASEMENTS. Declarant hereby reserves to itself, together with
the right to transfer the same, nonexclusive easements over and under each Lot for construction,
installation, operation, replacement, repair and maintenance of storm drain facilities and for other
utility and service lines, systems and other devices and Improvements which may be reasonably
necessary for the delivery of water, sewer, gas, telephone, electricity, television, cable television,
telecommunications services and other utilities to the Properties (collectively, the "Facilities'.
Each Owner by accepting a deed to a Lot expressly consents to the foregoing easements and
rights of way and authorizes and appoints Declarant (so long as Declarant owns one or more Lots
in the Properties) as attorney in fact of such Owner to execute and deliver all instruments
necessary to convey such easements. The holders of the utility easements reserved hereby shall
have the right to remove permanent Improvements including concrete, walls, fences and
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e
landscaping from the easement area as necessary to the exercise of the easement. The cost of
replacement or repair shall be borne solely by the Owner of the Lot.
3.6 RIGHT OF ENTRY. Declarant also has the right to enter the Lots (i) to
complete and repair any Improvements located thereon as determined necessary or proper by the
Declarant, in its sole discretion, (ii) to comply with requirements for the recordation of
subdivision maps or lot line adjustments in the Properties, (iii) for repair of Improvements in
accordance with the provisions of the Right to Repair Law, (iv) to accommodate grading or
construction activities, and (v) to comply with requirements of applicable governmental
agencies. Declarant shall provide reasonable notice to the Owner prior to entry into the Owner's
Lot under this Section 3.4 except for emergency situations, which shall not require notice.
Nothing in this Section 3.4 limits the right of an Owner to exclusive occupancy and control over
the Lot. Any damage to a Residence or Lot caused by entry under this Section 3.4 shall be
repaired by the Declarant. Unless otherwise specified in the initial grant deed of a Lot from
Declarant, this right of entry shall automatically expire on the date that is twelve (12) years after
the date of Recordation of the deed by which Declarant first conveyed title to an Owner.
3.7 SUPPORT, SETTLEMENT AND ENCROACHMENT. Should any
Improvement installed by Declarant or any Owner on a Lot, including walls or fences, encroach
on any portion of any adjacent Lot due to engineering errors, errors in original construction,
settlement or shifting of structures or other inadvertent causes, the Owner of the adjacent Lot
shall be deemed to have granted an appurtenant easement for such encroachment for so long as
such Improvement, as constructed or reconstructed, shall remain in a useful state; provided,
however, that no valid easement for encroachment shall exist if such encroachment occurred due
to the negligence or willful misconduct of the Owner constructing or installing same.
3.8 CROSS -LOT DRAINAGE. Declarant reserves, for the benefit of the Properties
and each Owner, perpetual, reciprocal easements over each Lot in the Properties for drainage of
surface water.
3.9 CLUSTERED MAILBOXES. Declarant reserves nonexclusive easements over
the Properties for (a) placement of mailbox clusters in the locations required by the United States
Postal Service and local governmental agencies with jurisdiction over the Properties, (b)
delivery, deposit and pickup of United States mail, and (c) access to and maintenance and
replacement of mailbox clusters by the Owners of the Lots in the Properties. The actual
locations of the easements reserved in this Section shall be determined by the as -built location of
each mailbox cluster. The easements reserved hereby are appurtenant to each Lot in the
Properties, as necessary to ensure the Owners reasonable access to their respective mailboxes.
The Owners of mailboxes in a mailbox cluster shall share equally in the costs of maintenance
and replacement of the common components of the mailbox cluster. Each Owner shall be solely
responsible for maintenance and replacement of his mailbox.
ARTICLE IV
LANDSCAPE, IRRIGATION, AND MAINTENANCE
4.1 EXTERIOR MAINTENANCE AND REPAIR; OWNER'S OBLIGATIONS.
Except for any areas maintained by a community facilities district, special tax assessment district
or any other governmental entity, each Owner shall maintain his Lot and all Improvements
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thereon in clean, neat and attractive condition at all times, consistent with the requirements of
this Declaration and applicable City ordinances. Declarant has planted or will plant street trees
on or adjacent to Lots within the Properties as required by the City. Any such tree may not be
removed or replaced with a tree of a different species or a new tree added without the prior
approval of the City. Each Owner is responsible for maintaining and irrigating the street trees
and other landscaping located within such Owner's Lot. In addition, each Owner is responsible
for maintaining all turf and irrigation facilities located within such Owner's Lot and any vines
affixed to walls separating the Lots. Further, Owners shall maintain their roof decks and
balconies free from debris and clutter. Roof decks and balconies are not intended to be used for
storage of personal property and are subject to any rules and regulations promulgated by the
Committee. In addition, Owners are responsible for maintaining lighting installed on the exterior
of their Residence in good working order to provide common lighting for the Properties and for
the costs to deliver electricity thereto. All Owners benefited by a clustered mail box
accompanying structure shall share equally in the cost of maintenance thereof in accordance with
Section 3.9 of this Declaration.
4.2 PERIMETER WALL MAINTENANCE. Any wall or fence that is constructed
by Declarant on the perimeter of the Properties is a "Perimeter Wall." Each Owner shall
maintain all sides and surfaces and the structural integrity of that portion of any Perimeter Wall
which encloses the Owner's Lot; provided, however, that the Owners of Lots along the west side
of the Properties and the Owner of Lots adjacent to Lot 35 have the common law right of
contribution from the owners located outside the Properties who share in the use of said
Perimeter Walls. If a portion of a Perimeter Wall is damaged or destroyed, the Owner of the
damaged portion shall promptly repair or reconstruct the damaged portion using the same design
and identical or substantially equivalent materials as used in the original construction.
4.3 PARTY WALLS. Each wall or fence that separates adjoining Lots is a party
wall ("Party Wall's and, to the extent not inconsistent with the provisions of this Section, the
general rules of law regarding party walls and liability for property damage due to negligence or
willful acts or omissions apply thereto.
4.3.1 Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a Party Wall shall be shared equally by the Owners of the Lots separated by the
Party Wall. However, each Owner shall be solely responsible for repainting or refinishing the
surface of any Party Wall that faces the Owner's Lot.
4.3.2 Destruction by Fire or Other Casualty. If a Party Wall is destroyed or
damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and
the Owner of the other Lot which is affected thereby shall contribute equally to the cost of
restoration thereof, without prejudice, however, to the right of any such Owner to call for a larger
contribution from the other under any rule of law regarding liability for negligent or willful acts
or omissions.
4.3.3 Right to Contribution Runs With Land. The right of any Owner to
contribution from any other Owner under this Section is appurtenant to the land and passes to
such Owner's successors in title.
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ARTICLE V
ARCHITECTURAL AND LANDSCAPE COMMITTEE
5.1 GENERAL DUTIES. The Architectural and Landscape Committee, sometimes
referred to herein as the Committee, shall have the following general duties and authority:
5.1.1 Rule Making. The Committee may adopt, amend and supplement
standards, procedures, rules and guidelines (collectively, "Architectural Rules' that (i) concern
design and materials standards, rules and guidelines for the development, erection, construction,
alteration, grading, addition, excavation, modification, decoration, redecoration or reconstruction
of the visible exterior of any Improvement, including any Residence or Lot, or any other activity
within the jurisdiction of the Committee pursuant to this Declaration ("Construction Activity',
(ii) set forth procedures for the submission of plans for approval, (iii) require a reasonable fee
("Review Fee") payable to the Committee for any costs involved to accompany each application
for approval, and (iv) specify additional factors which it will take into consideration in reviewing
submissions. The Committee may require such detail in plans and specifications submitted for
its review as it deems proper, including floor plans, site plans, drainage plans, elevation
drawings, and description or samples of plantings, exterior materials and colors.
5.1.2 Review of Construction Activities. Subject to Section 5.2 of this
Declaration, no Construction Activities shall be commenced or maintained on the exterior of the
Residence and all portions of the Lot located outside the Residence until plans and specifications
showing the nature, design, kind, shape, height, width, color, materials, location and other
aspects of the proposed Improvement have first been submitted to and approved in writing by the
Committee.
5.2 EXEMPTIONS FROM COMMITTEE REVIEW. The Declarant shall not be
required to seek or obtain approval of the Committee with respect to any of its activities,
including any activity which would be classified as a Construction Activity in the absence of this
Section. Each other Owner, as well as each tenant of an Owner, must obtain Committee
approval in the manner provided herein for any Construction Activity in the Properties, along
with all required approvals of the City, the County, and any approvals required under the
Declaration.
5.3, MEMBERS OF COMMITTEE. The Committee shall consist of three (3)
members. The initial members shall be representatives of Declarant. Declarant shall have the
unrestricted right to appoint and remove all the members the Committee and to fill any vacancies
on the Committee until the "Turnover Date," which shall be either (a) the date on which Close of
Escrow has occurred for the last sale by Declarant of a Lot in the Properties, or (b) the date on
which Declarant delivers written notice of its withdrawal from the Committee to a majority of
the Owners, whichever occurs first. Declarant may at any time assign in writing such powers of
removal and appointment to the Owners, in whole or in part, subject to such terms and conditions
as Declarant may impose, if any. After the Turnover Date, the Owners other than Declarant shall
have the power to appoint and remove all of the members of the Committee pursuant to
Section 5.4 below. With the exception of Committee members appointed by Declarant,
Committee members must be Owners. On the Turnover Date, any representatives of Declarant
remaining on the Committee shall be deemed to have automatically resigned from the
Committee without further action of any kind and Declarant shall have no further right to
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�3
participate on the Committee or enforce any of the covenants, conditions or restrictions of this
Declaration.
5.4 ELECTION OF COMMITTEE MEMBERS. After the Turnover Date,
appointment of any member of the Committee by the Owners shall be by election conducted as
described below. If the Owners determine that they do not want an active Committee after the
Turnover Date, the Owners shall have the right to vote to make the Committee dormant if
Owners of fifty-one percent (51%) of the Lots agree to do so. If the Committee is ever made
dormant pursuant to this Section, any provisions in this Declaration concerning the powers of the
Committee shall not apply until and unless the Owners vote by the same percentage to make the
Committee active again.
5.4.1 Voting Rights. Each Owner of a Lot shall be entitled to cast one (1) vote
for every Lot owned. Votes may be cast in person or by written proxy. Proxies shall be
revocable and shall automatically be invalid after completion of the meeting for which the proxy
was filed.
5.4.2 Notice of Election. After the Turnover Date, any Owner, including
Declarant (whether or not Declarant is entitled to cast a vote), may call for an election meeting
by (i) mailing to all Owners, or (ii) posting in at least two locations within the Properties which
are conspicuous and readily accessible to all Owners, a written notice specifying the date, time,
location and purpose of the meeting. Such notice shall be mailed or posted at least ten (10) and
not more than thirty (30) days before the meeting is to be held.
5.4.3 Quorum. A quorum for any such meeting shall be the presence in person
or by proxy of no fewer than twenty-five percent (25%) of all Owners entitled to cast a vote
("Qualified Owners'. Absent a quorum, the Qualified Owners who are present at the noticed
meeting may adjourn the meeting to a date, time and place specified prior to adjournment which
is no less than five (5) and no more than thirty (30) days after the time of the noticed meeting. A
quorum at such later "adjourned meeting" shall be the presence in person or by proxy of no
fewer than ten percent (10%) of all Qualified Owners.
5.4.4 Conduct of Meeting. If a quorum is present at any meeting or adjourned
meeting, the first item of business thereat shall be the selection of a Director of Election, who
shall preside over the conduct of the meeting. The Qualified Owners shall act by majority vote
of a quorum, except that members of the Committee shall be elected by plurality such that the
individual receiving the highest number of votes shall be elected to fill one vacancy, the
individual receiving the next highest number of votes shall be elected to fill a second vacancy (if
any), and the individual receiving the next highest number of votes shall be elected to fill a third
vacancy (if any).
5.4.5 Term of Office. The term of office of each Committee member elected
pursuant to this Section 5.4 shall be two (2) years, commencing on the date of election and
continuing until a successor is elected as provided above. Any Committee member may succeed
himself, and there shall be no limit to the number of terms of any member. In addition, any
Committee member may be removed from office for any reason at any time by election of the
Qualified Owners noticed and conducted pursuant to this Section 5.4, provided that the member
is afforded prior personal notice (by mail or otherwise) of his proposed removal and a reasonable
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opportunity to be heard at the election; and further provided that any removal shall require
approval by majority vote of at least a quorum of Qualified Owners.
5.5 MEETINGS OF THE COMMITTEE. The Committee shall meet as necessary
to perform its duties hereunder. The vote or the written consent of a majority of the Committee
shall constitute an act of the Committee.
5.6 SUBMITTALS TO COMMITTEE. Persons submitting proposals or plans and
specifications (`Application's to the Committee (such Person is referred to in this Article V as
the "Applicant's must obtain a dated, written receipt for such plans and specifications and
furnish the Committee with the address to which further communications from the Committee to
the Applicant are to be directed. Until changed by the Committee or until the automatic
resignation of Declarant's representatives therefrom pursuant to Section 5.3 above, whichever
occurs first, the address for submittal of plans and specifications shall be Declarant business
address c/o the Committee. The form of Application used by the Committee may include spaces
allowing "Adjacent Owners" to sign or initial the Application confirming that they have been
notified of the application. The Committee may establish a definition of "Adjacent Owners" in
its Architectural Rules. Applications will be complete and may be approved or disapproved by
the Committee even if all of the Adjacent Owners do not initial the Applications so long as the
Applicant certifies that the Applicant has asked the Adjacent Owners to -sign the Application.
The requirement that the Applicant attempt to obtain the signatures of Adjacent Owners is
intended only to provide notice of the pending Application to the Adjacent Owners. It does not
create in the Adjacent Owners any power to approve or disapprove the Application by signing or
withholding a signature. Only the Committee may approve or disapprove an Application.
5.7 APPROVAL AND DISAPPROVAL. The Committee shall review and approve
or disapprove all plans submitted to it for any proposed Improvement, alteration, addition or
other Construction Activity on the basis of satisfaction of the Committee with the grading plan;
the location of the Improvements on the Lot; the finished ground elevation; the color scheme,
finish, design, proportions, architecture, shape, height, style, and appropriateness of proposed
Improvements; the effect on adjoining Lots; the materials to be used; the kinds, pitch or type of
roof proposed; the planting, landscaping, size, height, or location of vegetation on a Lot; and on
the basis of aesthetic considerations and the overall benefit or detriment to the Properties
generally which would result from such Improvement, alteration, addition or other Construction
Activity.
5.8 NO WAIVER OF FUTURE APPROVALS. The approval of the Committee to
any proposals or plans and specifications or drawings for any work done or proposed or in
connection with any other matter requiring the approval and consent of the Committee shall not
be deemed to constitute a waiver of any right to withhold approval or consent as to any similar
proposals, plans and specifications, drawings or matter whatever subsequently or additionally
submitted for approval or consent.
5.9 TIME REQUIREMENTS. Until receipt by the Committee of all plans,
specifications or other materials deemed necessary by the Committee, the Committee may
postpone review of any plans submitted for approval. Within forty-five (45) days of its receipt
of all such materials, Committee approval or disapproval and the reasons therefor shall be
transmitted by the Committee to the Applicant at the address set forth in the application for
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approval. Any application submitted pursuant to this Article V shall be deemed approved, unless
the Committee's written disapproval or a request for additional information or materials is
transmitted to the Applicant within forty-five (45) days after the date of receipt by the
Committee of all required materials. The Committee approval for any particular Construction
Activity shall expire and the plans and specifications therefor shall be resubmitted for Committee
approval pursuant to this Article V if substantial work pursuant to the approved plans and
specifications is not commenced within six (6) months of the Committee's approval of such
Construction Activity. All Construction Activities shall be performed as promptly and as
diligently as possible and shall be completed within such reasonable period of time specified by
the Committee.
5.10 PRE -APPROVALS. The Committee may provide for the pre -approval of
certain specified types or categories of Construction Activities, provided that such pre -approved
Construction Activities are implemented by the affected Owner in conformance with the
standards for design, materials and other criteria established for such pre -approved Construction
Activities. The Architectural Committee may adopt, supplement or amend the Architectural
Rules to establish, expand, limit or otherwise modify the categories and criteria for any pre -
approved Construction Activities.
5.11 VARIANCE. The Committee may authorize variances from compliance with
any of the architectural provisions of this Declaration or the Architectural Rules including
restrictions on height, size, floor area or placement of structures, or similar restrictions, when
circumstances such as topography, natural obstructions, hardship, aesthetic or environmental
consideration require. Such variances must be evidenced in writing, must be signed by a
majority of the Committee, and become effective on Recordation. If variances are granted, no
violation of the covenants, conditions and restrictions in this Declaration shall be deemed to have
occurred with respect to the matter for which the variances were granted. The granting of a
variance does not waive any of the provisions of this Declaration for any purpose except as to the
particular property and particular provision of this Declaration covered by the variance, nor does
it affect the Owner's obligation to comply with all laws affecting the use of his Lot. The
Committee's written variance shall be Recorded against the Applicant's Lot in the Official
Records of the County. The cost of Recording the variance shall be borne solely by the
Applicant.
5.12 NONCONFORMITY. In the event an Improvement that requires the approval
of the Architectural Committee is (a) commenced or completed without prior written approval by
the Committee, or (b) an Improvement is not completed within the time limit established by the
Committee in its approval, or (c) an Improvement is not completed in substantial conformance
with the approved plans and specifications, then the Committee shall deliver a written notice of
noncompliance or noncompletion to the violating Owner and the Architectural Committee shall
be entitled to take appropriate action in law or in equity to correct the violation.
5.13 COMPENSATION OF MEMBERS. The members of the Committee shall
receive no compensation for services rendered.
5.14 NON -LIABILITY OF COMMITTEE MEMBERS. By submitting an
Application, each Applicant is deemed to agree that neither the Committee, nor the members
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thereof, nor Declarant, nor their respective agents, employees, attorneys or consultants shall be
liable to any Person for:
5.14.1 any defect in any Improvement constructed by or on behalf of the
Applicant pursuant to an approved Application;
5.14.2 any loss, damage, or injury to Persons or property arising out of or in any
way connected with work performed by or on behalf of the Applicant pursuant to an approved
Application; or
5.14.3 any loss, damage, or injury to Persons or property arising out of or in any
way connected with the performance of the Committee's duties hereunder, unless due to willful
misconduct or gross negligence.
ARTICLE VI
TERMINATION, AMENDMENT, AND SEVERABILITY
6.1 TERM; TERMINATION. All the covenants, conditions, and restrictions
contained in this Declaration shall run with the Properties and shall be binding on and
enforceable by all Owners for a period of fifty (50) years after the Recordation of this
Declaration and, thereafter, said covenants, conditions, and restrictions shall automatically be
extended for successive periods of ten (10) years. However, except as provided in Sections 6.2
and 7.2, the Owners of sixty seven percent (67%) of the Lots by execution and Recordation of a
written instrument may at any time after Declarant no longer owns a Lot in the Properties
determine to amend, revoke or cancel all or any part of this Declaration. In making a
determination to amend, revoke or cancel all or any part of this Declaration, each Owner shall be
entitled to one (1) vote for each Lot owned and if any Lot is owned by more than Person, the
vote of such Lot shall be cast as such Persons, among themselves determine.
6.2 AMENDMENT BY DECLARANT. Notwithstanding any other provisions of
this Section, at any time prior to the first Close of Escrow in the Properties, Declarant may
unilaterally amend or terminate this Declaration by Recording a written instrument which effects
the amendment or termination and is signed and acknowledged by Declarant. Notwithstanding
any other provisions of this Section, Declarant (for so long as Declarant owns any portion of the
Properties) may unilaterally amend this Declaration or a Supplemental Declaration by Recording
a written instrument signed by Declarant in order to (i) conform this Declaration or the
Supplemental Declaration to the rules, regulations or requirements of VA, FHA, DRE, Fannie
Mae, Ginnie Mae or Freddie Mac, (ii) amend the disclosures in Article VIII, (iii) amend, replace
or substitute any Exhibit for any purpose to the extent that the Exhibit affects portions of the
Properties that have not yet been conveyed to the Association or for which there has been no
Close of Escrow, as applicable, (iv) amend, replace or substitute any Exhibit to correct
typographical or engineering errors, (v) include any Exhibit that was inadvertently omitted from
the Declaration or Supplemental Declaration at the time of recording, (vi) comply with any City,
County, State or Federal laws or regulations, (vii) correct any typographical errors, (viii)
supplement this Declaration with provisions which pertain to rights and obligations of Declarant
or Owners arising under the Right to Repair Law, and (ix) change any exhibit to this Declaration
or portion of an exhibit to conform to as -built conditions.
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ARTICLE VII
EXEMPTION AND RIGHTS OF DECLARANT
7.1 IN GENERAL. Declarant or its successors and assigns, intends, but shall not be
obligated to undertake the work of constructing Residences and developing all of the Lots in the
Properties. As used in this Article and its subparagraphs, the words "its successors or assigns"
specifically does not include purchasers of Lots who are not expressly assigned Declarant's
rights as "Declarant" under this Declaration in a recorded assignment. In order for the Properties
to be established as a fully occupied residential community as rapidly as possible, no Owner
shall do anything to interfere with Declarant's lawful activities, and nothing in this Declaration
shall be understood or construed to:
7.1.1 Prevent Declarant, its successors or assigns, or its contractors or
subcontractors, from doing on any Lot owned by Declarant whatever Declarant determines to be
necessary or advisable in connection with the development of the Properties, including the
alteration of construction plans and designs as Declarant deems advisable in the course of
development; or
7.1.2 Prevent Declarant, its successors or assigns, or Declarant's
representatives, from erecting, constructing and maintaining on any portion of the Properties
owned or controlled by Declarant, such structures as may be reasonably necessary to undertake
or complete construction of the Properties, establishing the Properties as a residential community
and disposing of the same by sale, resale, lease or otherwise; or
7.1.3 Prevent Declarant, its successors or assigns, or its contractors or
subcontractors, from conducting on any Lot, or any portion thereof, owned or controlled by
Declarant, its business of developing, subdividing and grading Lots and constructing Residences
and other. Improvements in the Properties as a residential community and of disposing of
Residences thereon by sale, lease or otherwise; or
7.1.4 Prevent Declarant, its successors or assigns, or its contractors or
subcontractors, from maintaining such sign or signs on any portion of the Properties owned or
controlled by any of them as may be necessary in connection with the sale, lease or other
marketing of Lots and Residences in the Properties; or
7.1.5 Prevent Declarant, its successors or assigns, at any time prior to
acquisition of title to a Lot by a purchaser from Declarant, to establish on that Lot additional
easements, licenses, reservations and rights-of-way to itself, to utility companies, or to others as
may be reasonably necessary to the proper development and disposal of the Properties.
7.1.6 Prevent Declarant, its successors or assigns, from unilaterally modifying
its development plan for the Properties, including constructing more or fewer Residences or
Residences of larger or small sizes, values, or types.
7.2 ASSIGNMENT OF DECLARANT'S RIGHTS. The rights of Declarant
hereunder may be assigned by Declarant in whole or in part, to any successor to all or part of
Declarant's interest in the Properties. The provisions of this Article shall not be altered or
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(5JC
terminated without the prior written consent of Declarant until ten (10) years following the date 'to
on which Declarant no longer owns one (1) or more Lots in the Properties.
7.3 EXERCISE OF RIGHTS. Each Owner grants an irrevocable, special power of
attorney to Declarant to execute and Record all documents and maps necessary to allow
Declarant to exercise its rights under this Article.
ARTICLE VIII
DISCLOSURES
Much of the information in this Article VIII was obtained from third parties such as
governmental agencies and it is subject to change for reasons beyond Declarant's control.
Therefore, Declarant does not guarantee the accuracy or completeness of any of the information
in this Article VIII. Declarant is under no obligation to advise any Person of any change
affecting the disclosures in this Article VIII. No representations or warranties of any kind,
express or implied, have been given or made by Declarant or its agents or employees in
connection with the Properties or any portion of the Properties dealing with its physical
condition, zoning, compliance with applicable laws, purpose for intended use, nor in connection
with the subdivision, sale operation, or use of the Properties except as set forth below:
8.1 NO REPRESENTATIONS OR WARRANTIES. No representations or
warranties, express or implied, have been given or made by Declarant or its agents in connection
with the Properties, its physical condition, zoning, compliance with laws, fitness for intended
use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance,
taxes or regulation thereof as a condominium project, except as expressly provided in this
Declaration, or as provided by Declarant to the first Owner of each Lot.
8.2 PROPERTY LINES. The boundaries of each Lot in the Properties are
delineated on subdivision (tract) maps, lot line adjustments or parcel maps that are public records
and are available at the County Recorder's office.
8.3 UTILITY IMPROVEMENTS. There may be above -ground and subterranean
utility Improvements such as transformers, water, sewer, gas, electric and drainage facilities,
telecommunications vaults and other visible Improvements necessary for the delivery of utilities
or other services either on or adjacent to each Lot. Each Owner understands that the placement
of such Improvements is dictated by the needs of the applicable utility or service provider, and
the presence of such Improvements in the Properties is in accordance with easements created
prior to or during the development of the Properties. Each Owner, by accepting a deed to a Lot
in the Properties, understands that each Lot is subject to one or more such easements for
placement of utility Improvements. No Owner may modify, remove or otherwise interfere with
utility Improvements on any Lot or other portion of the Properties.
8.4 ELECTRICAL POWER LINES. Underground or overhead electric
transmission and distribution lines and transformers are located in and around the Properties.
Power lines and transformers produce extremely low -frequency electromagnetic fields ("ELF-
EMF'� when operating. For some time, there has been speculation in the scientific community
about health risks associated with living near ELF -EMF sources. In 1992, the United States
Congress authorized the Electric and Magnetic Fields Research and Public Information
6177-49502\CCRS\ 799589.6
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l
Dissemination Program ("EMF -RAPID Program") to perform research on these issues and to
analyze the existing scientific evidence in order to clarify the potential for health risks from
exposure to ELF -EMF. In May of 1999, the National Institute of Environmental Health Sciences
("NIEHS' issued a report to Congress summarizing its review of scientific data from over three
hundred (300) studies on ELF -EMF health risks. The ELF -EMF studies consist of both
epidemiological studies (studies of exposure in human populations) and controlled laboratory
experiments on animal and cell models. While some epidemiological studies suggested some
link between certain health effects and exposure to ELF -EMF, the laboratory experiments did not
support such a link. According to the NIEHS report, the scientific evidence shows no clear
pattern of health hazards from ELF -EMF exposure, and the NIEHS report did not find evidence
of any link sufficient to recommend widespread changes in the design or use of electrical
transmission equipment. However, because the evidence does not clearly rule out any effect,
NIEHS advocated continuing inexpensive and safe reductions in exposure to ELF -EMF and
endorsed current utility practices regarding design and siting of new transmission and
distribution lines. Additional information on ELF -EMF and copies of the NIEHS report are
available from the EMF -RAPID website at http://www.niehs.nih.gov/ emfrapid/home.htm.
8.5 URBAN ENVIRONMENT. Living in a Residence within a densely populated
community entails living in very close proximity to other persons and businesses, with attendant
limitations on solitude. Owners may hear noise from adjacent Residences, including noise from
showers, bathtubs, sinks, toilets or other sources of running water. Also, Owners may hear noise
from items such as vacuum cleaners, stereos or televisions, or from people running, walking or
exercising. Owners can also expect to hear noise from adjacent residential and commercial
areas. Residents may also notice light entering the Residences from exterior sources including
streetlights and parking lot lighting, and nearby residential and commercial buildings. Declarant
has no control over the transmission of noise or light and their potential effects on Residences
and Lots within the Properties.
8.6 LOT 35/ORCHARD GABLES COTTAGE. Lot 35 is the site of the historic
Orchard Gables Cottage, which was constructed in 1904. The cottage was originally the home to
U.S. Senator Cornelius Cole, who founded California's Republican Party and served as confidant
to Abraham Lincoln. Declarant purchased the property and donated it to the Hollywood branch
of the Los Angeles Community Redevelopment Agency ("LACRA") for preservation. The
cottage is expected to be restored and opened to the community as an arts and education
community center. Declarant makes no representations, warranties or guarantees concerning
whether the cottage will actually be restored, or whether it will be used as a community center,
or concerning the amount of noise, traffic, or other disturbances that Owners might experience
from work associated with the restoration of the cottage or from the LARCA's and the public's
use of Lot 35 now or in the future.
8.7 HIGHWAYS AND MAJOR THOROUGHFARES. Several highways and
major thoroughfares are located within the vicinity of the Properties, which include without
limitation, Sunset Boulevard, Santa Monica Boulevard, Melrose Avenue and the 101 Freeway.
Declarant has no control over the use, maintenance or care of these highways and thoroughfares.
Owners may experience noise, dust and traffic within and in the vicinity of the Properties based
on the public's use of these highways and thoroughfares.
6177-49502\CCRS\ 799589.6
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8.8 SURROUNDING USES. The Properties are located in an area that is
experiencing rapid growth. This disclosure is intended to provide Owners with information on
surrounding uses as of the date of Recordation. Uses in surrounding areas that may effect the
Properties include the following:
(a) North —Apartment Buildings.
(b) East — Police Substation and Apartment Buildings.
(c) South --Apartment Buildings.
(d) West -- Apartment Buildings, Single Family Homes.
8.9 EARTHQUAKE FAULT ZONES. California is subject to a wide range of
earthquake activity. California has many known faults as ,well as yet undiscovered faults.
Owners must evaluate the potential for future seismic activity that might seriously damage an
Owner's Residence. A major earthquake, which some have predicted will occur in our lifetimes,
could cause very serious damage to Residences, located even many miles from the epicenter of
the earthquake. A more moderate earthquake occurring on a more minor fault, or on an
undiscovered fault, could also cause substantial damage. Declarant makes no representations or
warranties as to the degree of earthquake risk within the Properties. All Owners should read
"The Homeowner's Guide to Earthquake Safety," which is published by the California Seismic
Safety Commission and is available from their offices or by free download from their website at
http://www.seismic.ca.gov/ and consult with the City, County, other public agencies, and
appropriate experts to evaluate the potential risk.
8.10 SPECIAL DISTRICTS. The Properties may at present lie within special tax
districts, or they may be annexed to other special tax districts from time to time in the future.
Owners are advised to consult the County Assessor's office for further information.
8.11 SUPPLEMENTAL REAL PROPERTY TAXES. The County Assessor has the
authority to reassess new homes after the Close of Escrow based on the difference between its
appraised value and the home's unimproved value for the period after escrow closes. The
Assessor will issue a supplemental tax bill to Owners for the difference in the taxes due based
upon the reassessment. Declarant has no control over the valuation, timing or the amount of the
supplemental bill resulting from the reassessment. Owner is solely responsible for the payment
of the supplemental tax bill.
The following notice is given pursuant to Section 1102.6c of the California Civil Code:
"California property tax law requires the Assessor to revalue
real property at the time the ownership of the property
changes. Because of this law, you may receive one or two
supplemental tax bills, depending on when your loan closes.
The supplemental tax bills are not mailed to your lender. If
you have arranged for your property tax payments to be paid
through an impound account, the supplemental tax bills will
not be paid by your lender. It is your responsibility to pay
6177-49502\CCRS\ 799589.6
8/19/09
these supplemental bills directly to the Tax Collector. If you
have any question concerning this matter, please call your local
Tax Collector's Office."
Neither Declarant nor any of its authorized agents, representatives, employees or
sales people have made any representations or warranties regarding supplemental property taxes.
8.12 MOLD. Molds are simple, microscopic organisms, present virtually everywhere,
indoors and outdoors. Mold can be any color, but is usually green, gray, brown or black. Mold
requires a food source (including paper, wood, leaves or dirt), a source of moisture and a suitable
temperature (generally 40-100 degrees Fahrenheit) to grow. Individuals are exposed to molds on
a daily basis, and in most instances there are no harmful effects. However, the buildup of molds
in the indoor environment may contribute to serious health problems for some individuals. Due
to a variety of factors, including the fact that sensitivities to various types of molds and other
potential contaminants vary from person to person, there are currently no state or federal
standards concerning acceptable levels of exposure to mold. Sources of indoor moisture that
may lead to mold problems include, but are not limited to: flooding, leaks, seepage, sprinkler
spray hitting the Residence, overflow from sinks or sewers, damp basement or crawl space,
steam from shower or cooking, humidifiers, wet clothes drying indoors, watering house plants,
and clothes dryers exhausting indoors.
Each Owner should take precautions to prevent the growth of mold in the Residence from
these and other sources. Preventative measures include, but are not limited to the following: (1)
regularly cleaning the Residence; (2) regularly checking for accumulated moisture in corners and
unventilated areas; (3) running fans, dehumidifiers and air conditioners to reduce indoor
humidity; (4) stopping the source of any leak or flooding; (5) removing excess water with mops
or a wet vacuum; (6) moving wet items to a dry, well ventilated area; (7) regularly cleaning and
disinfecting indoor and outdoor surfaces that may contain mold; (8) having major appliances,
including furnaces, heat pumps, central air conditioners, ventilation systems and furnace -
attached humidifiers inspected, cleaned and serviced regularly by a qualified professional; (9)
cleaning the refrigerator, air conditioner and dehumidifier drip pans and filters regularly and
ensuring that refrigerator and freezer doors seal properly; and (10) avoiding over -watering of
landscaping.
It is the Owner's responsibility to monitor the Residence on a continual basis for
excessive moisture, water and mold accumulation. For additional information regarding mold,
please refer to the following websites: California Department of Health Services —
http://www.dhs.ca.gov; Centers for Disease Control and Prevention — http://www.cdc.gov/nceh;
U.S. Environmental Protection Agency — http://www.epa.gov; Illinois Department of Public
Health — http://www.idph.state.il.us; and Washington State Department of Health —
http://www.doh.wa.gov.
ARTICLE IX
DISPUTES WITH DECLARANT PARTIES
9.1 DISPUTES. Any dispute between the any Owners, on the one hand, and the
Declarant, or any director, officer, partner, shareholder, member, employee, representative,
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r
contractor, subcontractor, design professional or agent of the Declarant (each, a "Declarant
Parry," and collectively the "Declarant Parties', on the other hand, which dispute:
(a) Arises under this Declaration or otherwise relates to the Properties
(including disputes regarding latent or patent construction defects); and
(b) Concerns an amount in controversy that is greater than Five
Thousand Dollars ($5,000),
shall be a "Dispute" for purposes of this Section. All Disputes shall be resolved in accordance
with the following alternative dispute resolution procedures:
9. 1.1 Notice. Any Person with a Dispute shall give written notice of the
Dispute by personal or mail service as authorized by California Code of Civil Procedure Sections
415.10, 415.20, 415.21, 415.30 or 415.40 to the party to whom the Dispute is directed
("Respondent") describing the nature of the Dispute and any proposed remedy (the "Dispute
Notice'.
9.1.2 Right to Inspect and Correct. Commencing on the date the Dispute
Notice is delivered to the Respondent and continuing until the Dispute is resolved, the
Respondent and its representatives have the right to (a) meet with the parry alleging the Dispute
at a reasonable time and place to discuss the Dispute, (b) enter the Properties to inspect any areas
that are subject to the Dispute, and (c) conduct inspections and testing (including destructive or
invasive testing) in a manner deemed appropriate by the Respondent. If Respondent elects to
take any corrective action, Respondent and its representatives shall be provided full access to the
Properties to take and complete the corrective action. Respondent is not obligated to take any
corrective action. Respondent, with the consent of Declarant, has the right to select the
corrective action Respondent believes is appropriate. The right to inspect and correct granted in
this Section is in addition to the rights granted in California Civil Code Section 1375 (the
"Calderon Act's. The procedures established in the Calderon Act may be implemented before,
during or after the procedure in this Section is implemented.
9.1.3 Mediation. If the Dispute is not resolved within ninety (90) days after the
Respondent receives the Dispute Notice, any party may submit the Dispute to mediation by
delivering a request for mediation ("Mediation Notice's in the same manner as allowed for
delivery of the Dispute Notice. The Dispute shall be mediated pursuant to (a) the American
Arbitration Association ("AAA's mediation procedures in existence when the Dispute Notice is
delivered, as modified by this Section, or (b) the mediation procedures of any successor to the
AAA in existence when the Dispute Notice is delivered, as modified by this Section, or (c)
mediation procedures approved by the parties of any entity offering mediation services that are
acceptable to the parties to the Dispute (each, a "Party" and collectively, the "Parties'. Except
as provided in Section 9.1.5, no Person shall commence litigation regarding a Dispute without
complying with this Section 9.1.3.
(a) Selection of Mediator. The mediator shall be selected within sixty
(60) days from delivery of the Mediation Notice. The mediator shall be selected by mutual
agreement of the Parties. If the Parties cannot agree on a mediator, the mediator shall be selected
by the entity providing the mediation service. No Person shall serve as a mediator in any
6177-49502\CCRS\ 799589.6
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��k
Dispute in which the Person has any financial or personal interest in the result of the mediation,
except by the written consent of all Parties. Before accepting any appointment, the prospective
mediator shall disclose any circumstances likely to create a presumption of bias or to prevent a
prompt commencement of the mediation process.
(b) Position Letter; Pre Mediation Conference. No later than sixty
(60) days after selection of the mediator, each party to the Dispute shall submit a letter
("Position Statement's containing (i) a descriptiori of the Party's position concerning the issues
that need to be resolved, (ii) a detailed description of the defects allegedly at issue, and (iii) a
suggested plan of repair, remediation or correction. The mediator may schedule a pre -mediation
conference. All Parties shall attend unless otherwise mutually agreed. The mediation shall be
commenced within twenty (20) days after submittal of all Position Statements and shall be
concluded within fifteen (15) days after the mediation began unless either (A) the mediator
extends the mediation period, or (B) the Parties mutually agree to extend the mediation period.
The mediation shall be held in the County or another place mutually acceptable to the parties.
(c) Conduct of Mediation. The mediator has discretion to conduct the
mediation in the manner in which the mediator believes is most appropriate to achieve the goal
of settling the Dispute. The mediator is authorized to conduct joint and separate meetings with
the Parties and to make oral and written recommendations for settlement. The mediator may also
obtain expert advice concerning technical aspects of the Dispute, provided the Parties assume the
expenses of obtaining such advice. The mediator shall not have the authority to impose a
settlement on the Parties.
(d) Application of Evidence Code. The provisions of California
Evidence Code Sections 1115 through 1128 shall be applicable to the mediation process. Use
and disclosure of statements, evidence and communications offered or made in the course of the
mediation shall be governed by these sections, including the sections which preclude use of
material in future proceedings and the sections which provide for confidentiality of material.
(e) Parties Permitted at Mediation. Persons other than the Parties,
their liability insurers, Declarant, attorneys for the Parties and the mediator may attend mediation
sessions only with the permission of the Parties and the consent of the mediator. Declarant has
the right to attend the mediation session even if Declarant is not one of the Parties.
(f) Record. There shall be no stenographic, video or audio record of
the mediation process.
(g) Expenses. Each Party shall bear its own attorneys' fees and costs
incurred in connection with the mediation. All other expenses of the mediation including the
fees charged by the mediator and the cost of any proof or expert advice requested by the
mediator shall be borne equally by each of Declarant and the Declarant Parties to whom the
Dispute is directed, unless the Parties agree otherwise. * This provision does not modify any
provision of a contract between Declarant and any Declarant Party requiring indemnification or
establishing a different allocation of costs between the Declarant and the Declarant Party.
9.1.4 Mandatory Binding Arbitration. Any Dispute between any Owner and
a Declarant Party shall be resolved through the procedures established in this Title 7 Addendum.
6177-49502\CCRS\ 799589.6
1 ^ 8/19/09
Before an Owner institutes arbitration as provided in this Section (collectively referred to as
"Proceedings") involving a Dispute, the Owner must first commence the Claim Process and
proceed, in good faith, to resolve the Dispute using the Customer Service Program as set forth in
the Maintenance Manual for the Community and by Mediation as set forth in Section 9.1.3.
(a) Waiver of Trial by Jury. By agreeing to resolve all Disputes
through binding arbitration, Owner and Declarant each give up their right to have their respective
claims and defenses decided by a judge or a jury. Instead, all Disputes will be decided by the
arbitrator, or by the appeal arbitrator(s), if applicable.
(b) Damages Pursuant to Title 7. For all Disputes involving a
Dispute, including a breach or non-compliance of a standard set forth in California Civil Code
Sections 895 through 897, Owner is only entitled to actual damages. Actual damages are
measured by the lesser of the (i) cost to repair or (ii) diminution in current value of real property
caused by the nonconformity. Declarant shall not be responsible for, and shall be excused from,
any obligation, damage, loss or liability to the extent that Declarant can demonstrate any of the
affirmative defenses set forth in California Civil Code Section 945.5.
(c) Rules Applicable to All Disputes. Owner and the Declarant
Parties shall use the procedures adopted by the Judicial Arbitration and Mediation Service
( "JAMS") or such other entity offering alternative dispute resolution procedures as may be
mutually acceptable to the parties; provided that the following rules and procedures shall apply
in all cases unless the parties agree otherwise:
(i) Location. The Proceedings shall be held in the County in
which the Lot is located.
(ii) Qualifications of the Arbitrator. The Proceedings shall be
administered by a neutral and impartial person. The arbitrator shall be a retired judge or a
member or former member of the California State Bar with at least fifteen (15) years experience
as a practicing lawyer. The arbitrator shall not have any relationship to the parties or interest in
the Lot.
(iii) Appointment of the Arbitrator. The arbitrator shall be
appointed pursuant to the stipulation of the parties. If the parties cannot agree on the arbitrator,
an arbitrator shall be appointed by the court with jurisdiction over the Proceedings.
(iv) Expenses. All fees charged by JAMS and the arbitrator
shall be advanced by the Declarant Party. If the Declarant Party is the prevailing party in the
Proceedings, the arbitrator may, in his or her discretion and only to the extent permitted by law
and the JAMS Minimum Standards of Procedural Fairness, direct Owner to reimburse the
Declarant Party all or part of the JAMS fee and arbitrator's fee advanced by the Declarant Party.
(v) Participation by Other Parties. Owner and the Declarant
Party, to the extent either such party is defending a claim in the Proceedings may, if it chooses,
have all necessary and appropriate parties included as parties to the Proceedings.
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(vi) Commencement and Timing of Proceedings. The
Proceedings shall be commenced in a prompt and timely manner in accordance with the rules of
the person or entity administering the Proceedings; or, if the rules do not specify such a date,
then a date agreed to by the parties; or if the parties cannot agree, the arbitrator shall determine a
date for the commencement of the Proceedings.
(vii) Rules of Law. The arbitrator must follow California
substantive law (including statute of limitations). The arbitrator shall conduct all evidentiary
proceedings in accordance with the rules of evidence, unless expressly waived by both parties.
The arbitrator shall be authorized to provide all recognized remedies available at law or equity
for any cause of action.
(viii) Discovery. The parties shall be entitled to discovery, and
the arbitrator shall oversee discovery and may enforce all discovery orders in the same manner as
a trial court judge.
(ix) Statues of Limitation. Except for procedural issues, the
Proceedings and the ultimate decisions of the arbitrator shall be subject to and bound by existing
California case and statutory law, including but not limited to, applicable statutes of limitation
established by Title 7.
(x) Motions. The arbitrator shall have the power to hear and
dispose of motions, including but not limited to, demurrers, motions to dismiss, motions for
judgment on the pleadings, post -trial motions and summary adjudication motions, in the same
manner as a trial court judge, except the arbitrator shall also have the power to adjudicate
summarily issues of fact or law including the availability of remedies, whether or not the issue
adjudicated could dispose of an entire cause of action or defense.
(xi) Record. A confidential stenographic record of the hearing
shall be made, provided that the record shall remain confidential except as may be necessary for
post -hearing motions and any appeals.
(xii) Attorneys Fees and Costs. Each party shall bear its own
attorneys' fees and costs, including expert witness costs, in the Proceedings.
(xiii) Written Decision. Within thirty (30) days after the hearing
is closed, the arbitrator must issue a written decision. If either Owner or a Declarant Party
requests it, the arbitrator must issue a reasoned award.
(d) Procedures for Appeal of Certain Cases. In any Proceedings in
which a claim or arbitration award exceeds $500,000 in value, Owner and a Declarant Party
hereby adopt and agree to the JAMS Optional Appeal Procedure. The following additional rules
will supplement the JAMS Optional Appeal Procedure and govern in the event of a conflict
between the following rules and the JAMS Optional Appeal Procedure.
(i) Right of Appeal. There shall be no right to appeal unless
the oral evidence received by the arbitrator was preserved in a manner such that it can be
converted to an accurate and reliable written transcript.
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(ii) Appellate Panel. An appeal shall be decided by one (1)
neutral appeal arbitrator unless either party, within the time permitted for the appointment of the
appeal arbitrator, elects to have the appeal decided by a panel of three (3) appeal arbitrators.
Any party who elects to have an appeal decided by a panel of three (3) appeal arbitrators agrees
to be solely responsible for the cost of having two. (2) additional appeal arbitrators. The sole
appeal arbitrator, or at least one member of any panel of three (3) arbitrators, shall have prior
experience as a member of an appellate panel of the California Court of Appeal.
(iii) Issues on Appeal. The only issues that may be considered
on appeal are: (i) the award of money was excessive; (ii) the award of money was insufficient;
(iii) the arbitrator awarded non -monetary relief that was inappropriate; and (iv) a party who
received non -monetary relief should have received other or additional relief. A majority of the
appeal arbitrators may affirm the arbitration award or make any alternative award they find to be
just, but they must not reject the arbitrator's decisions (a) that a particular party is entitled to
relief of some nature or amount or (b) that a particular party is responsible to provide relief of
some nature or amount.
(iv) Expenses and Costs on Appeal. The fees charged by JAMS
and the appeal arbitrator(s) shall be advanced by the Declarant Party, except as provided in
Section 9.1.4(c)(iv) above. The party who files the appeal must, at its sole expense, provide
JAMS and all non -appealing parties with a certified copy of the hearing transcript, and must
provide JAMS with copies of all documentary evidence and all other tangible evidence received
by the arbitrator. If more than one party appeals, the appealing parties must share equally the
cost of the transcript and copies of all other documentary and tangible evidence received by the
arbitrator. The appeal arbitrators may, within thirty (30) days award costs of the nature provided
in the Federal Rules of Appellate Procedure. If a Declarant Party is the prevailing party on
appeal, the appeal arbitrator(s) may, in his, her or their discretion and only to the extent
permitted by law and the JAMS Minimum Standards Of Procedural Fairness, include all or part
of the JAMS fee and arbitrator's fee advanced by the Declarant Party in the award of costs on
appeal.
(v) New Evidence. The appeal arbitrators may not receive new
evidence. The appeal arbitrators must make their decision based only on the evidence that was
presented to the arbitrator, except that the appeal arbitrators may visit any site or property
involved in the Dispute.
(e) Federal Arbitration Act. Owner and the Declarant Party
acknowledge that because many of the materials and products incorporated into the home are
manufactured in other states, this Contract evidences a transaction involving interstate commerce
and the Federal Arbitration Act set forth in 9 U.S.C. § 1, et seq., now in effect and as it may be
hereafter amended, will govern the interpretation and enforcement of the arbitration provisions
of this Contract. This Section is to be interpreted in accordance with Allied -Bruce Terminix
Companies, Inc. v. Dobson (1995) 115 S.Ct. 834, Basura v. U.S. Home Corp. (2002) 98
Cal.AppAth 1205, and other Federal court rulings. Arbitration shall be conducted pursuant to
the Federal Arbitration Act and, to the extent not inconsistent, the procedures set forth in this
Section. References to California procedural law are for guidance and shall not be construed as a
waiver of any rights of the parties under the Federal Arbitration Act.
6177-49502\CCRS\ 799589.6
8/19/09
-95--
STATUTORY NOTICE:
ARBITRATION OF DISPUTES. BY ACCEPTANCE OF A
DEED TO A LOT, OWNER AND DECLARANT AGREE TO
HAVE ANY DISPUTE DECIDED BY NEUTRAL
ARBITRATION IN ACCORDANCE WITH THE FEDERAL
ARBITRATION ACT AND THE CALIFORNIA
ARBITRATION ACT, TO THE EXTENT THE
CALIFORNIA ARBITRATION ACT IS CONSISTENT
WITH THE FEDERAL ARBITRATION ACT, AND OWNER
AND DECLARANT ARE GIVING UP ANY RIGHTS
OWNER AND DECLARANT MIGHT POSSESS TO HAVE
THE DISPUTE LITIGATED IN A COURT OR JURY
TRIAL. BY INITIALING IN THE SPACE BELOW,
OWNER AND DECLARANT ARE GIVING UP THEIR
RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND
APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY
INCLUDED IN THIS ADDENDUM. IF OWNER OR A
DECLARANT PARTY REFUSES TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS
PROVISION, OWNER OR THE DECLARANT PARTY
MAY BE COMPELLED TO ARBITRATE UNDER THE
FEDERAL ARBITRATION ACT AND THE CALIFORNIA
ARBITRATION ACT, TO THE EXTENT THE
CALIFORNIA ARBITRATION ACT IS CONSISTENT
WITH THE FEDERAL ARBITRATION ACT.
WAIVER OF JURY TRIAL. IN THE EVENT THE
FOREGOING ARBITRATION PROVISION IS HELD NOT
TO APPLY OR IS HELD INVALID, VOID OR
UNENFORCEABLE IN ITS ENTIRETY FOR ANY
REASON, OWNER AND DECLARANT AGREE THAT ALL
DISPUTES SHALL BE TRIED BEFORE A JUDGE IN A
COURT OF COMPETENT JURISDICTION WITHOUT A
JURY. THE JUDGE IN SUCH COURT OF COMPETENT
JURISDICTION SHALL HAVE POWER TO GRANT ALL
LEGAL AND EQUITABLE REMEDIES AND AWARD
COMPENSATORY DAMAGES. DECLARANT AND
OWNER EACH HEREBY WAIVE AND COVENANT NOT
TO ASSERT THEIR CONSTITUTIONAL RIGHT TO
TRIAL BY JURY OF ANY DISPUTES INCLUDING, BUT
NOT LIMITED TO, DISPUTES RELATING TO
CONSTRUCTION DEFECTS, MISREPRESENTATION, OR
DECLARANT'S FAILURE TO DISCLOSE MATERIAL
FACTS. DECLARANT AND OWNER HEREBY
COVENANT AND AGREE THAT THEIR MUTUAL
WAIVER OF JURY TRIAL SHALL BE BINDING ON
617749502\CCRM 799589.6
8/19/09
THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AND
UPON ALL PERSONS AND ENTITIES ASSERTING THEIR
RIGHTS OR CLAIMS OR OTHERWISE ACTING ON
BEHALF OF DECLARANT OR OWNER AND THEIR
SUCCESSORS AND ASSIGNS.
9.1.5 Statutes of Limitation. Nothing in this Section 9.1 shall be considered to
toll, stay, reduce or extend any applicable statute of limitations; provided, however, that
Declarant, the Declarant Parties, and any Owner may commence a legal action which in the good
faith determination of that Person is necessary to preserve that Person's rights under any
applicable statute of limitations so long as no further steps in processing the action are taken
except those authorized in this Section 9.1.
9.1.6 Agreement to Dispute Resolution; Waivers of Jury Trial.
DECLARANT AND EACH OWNER AGREE TO USE THE PROCEDURES ESTABLISHED
IN THIS SECTION 9.1 TO RESOLVE ALL DISPUTES AND WAIVE THEIR RIGHTS TO
RESOLVE DISPUTES IN ANY OTHER MANNER. DECLARANT AND EACH OWNER
ACKNOWLEDGE THAT BY AGREEING TO RESOLVE ALL DISPUTES AS PROVIDED
IN THIS SECTION 9. 1, THEY ARE GIVING UP THEIR RIGHT TO HAVE DISPUTES
TRIED BEFORE A JURY. THIS SECTION 9.1 MAY NOT BE AMENDED WITHOUT
DECLARANT'S PRIOR WRITTEN CONSENT.
9.1.7 California Civil Code Section 1354. Section 9.1 governs only the
resolution of Disputes with Declarant Parties and shall not affect the subject matter of such
Disputes. Unless the subject matter of a Dispute expressly involves enforcement of the
Restrictions, such Dispute shall not be governed by the provisions of California Civil Code
Section 1354, or any successor statute. Enforcement of Section 9.1 shall not entitle the
prevailing party in any Dispute with a Declarant Party to recover attorney's fees or costs
9.2 NO ENHANCED PROTECTION AGREEMENT. No language contained in
this Declaration or any Supplemental Declaration shall constitute, or be interpreted to constitute,
an enhanced protection agreement ("EPA's, as defined in Section 901 of the California Civil
Code. Further, no express or implied representations or warranties made by Declarant in any
other writing are intended to constitute, or to be interpreted to constitute, an EPA.
ARTICLE X
ENFORCEMENT OF RESTRICTIONS
10.1 ENFORCEMENT. Violation of any provision of this Declaration and the
continuation of any such violation may be enjoined, abated, or remedied by appropriate legal or
equitable proceedings by any Owner, including Declarant (while Declarant owns any portion of
the Properties) or the Committee (if formed). It is hereby agreed that recovery of damages at law
for any violation of the Declaration would not be an adequate remedy.
10.1.1 Violations Identified by Committee. If the Committee, determines that
there is a violation of the Declaration, or that an Improvement which is the maintenance
responsibility of an Owner needs maintenance, repair, restoration or painting, then the
Committee, in addition to any other remedies set forth in this Declaration, may give written
617749502\CCRS\ 799589.6
8/19/09
40
notice to the responsible Owner identifying (a) the condition or violation complained of, and (b)
the length of time the Owner has to remedy the violation. If an Owner does not perform such
corrective action required by the Committee within the allotted time, then the Committee may,
but is not required to, submit the enforcement dispute to alternative dispute resolution under the
procedures set forth in Section 1354 of the California Civil Code.
10. 1.2 Violations Identified by an Owner. If an Owner alleges that another
Owner or other Person is violating the Declaration, the complaining Owner must first submit the
matter to the Committee (if formed) for review and possible action before the complaining
Owner may resort to resolution under the procedures set forth in Section 1354 of the California
Civil Code, or litigation.
10. 1.3 Legal Proceedings. Failure to comply with the Declaration is grounds for
relief which may include, without limitation, an action to recover sums due for damages,
injunctive relief, foreclosure of a lien, or any combination thereof. However, the procedures
established in Sections 10.1.1 and 10.1.2 above, and Section 1354 of the California Civil Code
must first be followed, if they are applicable. It is hereby declared that for purposes of resolution
of enforcement disputes under this Article, references in Civil Code Section 1354 to a "common
interest development" shall mean and refer to the Properties, and references to an "association"
shall mean the Committee.
10. 1.4 Additional Remedies. The Committee may adopt a schedule of
reasonable fees and penalties which, in its reasonable discretion, it may assess against an Owner
for failure of the Owner or other occupant of the Owner's Lot to comply with the Declaration.
The Committee may Record a notice of noncompliance for any violation of the Declaration if
permitted by law. Fines may only be assessed after notice and hearing.
10.1.5 No Waiver. Failure to enforce any provision of the Declaration does not
waive the right to enforce that provision, or any other provision.
10.1.6 Right to Enforce. The Committee or any Owner who is not at the time in
default hereunder may enforce the Declaration in accordance with the procedure set forth in
Section 1354 of the California Civil Code. Each remedy provided for in the Declaration is
cumulative and not exclusive or exhaustive and Declarant or any Owner shall have the right to
collect damages and to enjoin any violation or threatened violation in a court of competent
jurisdiction.
10.2 COSTS AND ATTORNEYS' FEES. If an action is instituted in a court of
competent jurisdiction to enforce any of the covenants, conditions, restrictions, or easements
contained in this Declaration, the party against whom the judgment, decree, order or declaration
is entered shall, and agrees to, pay all costs of suit and a reasonable attorneys' fee, such as may
be established by said court.
ARTICLE XI
MISCELLANEOUS
11.1 CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every person who owns,
occupies, or acquires any right, title, estate, or interest in or to any Lot or other portion of the
617749502\CCAS\ 799589.6
qU - 8/19/09
Properties does and shall be conclusively deemed to have consented and agreed to the
reasonableness and binding effect of every limitation, restriction, easement, reservation,
condition, and covenant contained herein, whether or not any reference to Declaration is
contained in the instrument by which such person acquired an interest in the Properties, or any
portion thereof.
11.2 INSURANCE OBLIGATIONS OF OWNERS. Each Owner shall be solely
responsible for insuring all of his Residence and other Improvements on his Lot, including the
structural portions of such Residence, against loss or damage by fire or other casualty. Each
Owner shall also be solely responsible for obtaining adequate comprehensive public liability
insurance, including medical payments and malicious mischief, insuring against liability for
bodily injury, death, and property damage arising from his activities on his Lot.
11.3 INTERPRETATION. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the creation and operation of a
residential development, and any violation of this Declaration shall be deemed to be a nuisance.
The Article and Section headings, titles, and captions have been inserted for convenience only,
and shall not be considered or referred to in resolving questions of interpretation or construction.
As used herein, the singular shall include the plural and the masculine, feminine, and neuter shall
each include the other, unless the context dictates otherwise. All references herein to "days"
shall, unless indicated to be contrary, refer to consecutive "calendar days."
11.4 SEVERABILITY. The provisions of this Declaration are independent and
severable. Invalidation of any one (1) of the easements, covenants, conditions, or restrictions of
this Declaration by a court of competent jurisdiction shall not affect the validity or enforceability
of other provisions of this Declaration, which provisions shall remain in full force and effect
11.5 MORTGAGE PROTECTION. No lien created under this Declaration, nor any
breach of this Declaration, nor the enforcement of any provision hereof affects, impairs, defeats
or renders invalid any Recorded Mortgage or any of the terms or provisions of the lien thereof
upon a Lot made in good faith and for value or the rights or remedies of the Mortgagee under
any Recorded Mortgage upon a Lot made in good faith and for value. After a Mortgagee or
other Person obtains title to a Lot by judicial foreclosure or by means set forth in a Mortgage, the
Lot shall remain subject to the Declaration after the date the Mortgagee or other Person obtains
title.
11.6 STATUTORY REFERENCES. All references in this Declaration to statutes are
to those statutes as they are currently in effect or to subsequently enacted replacement statutes.
11.7 ARTICLES, SECTIONS AND EXHIBITS. The Article and Section headings
are inserted for convenience only and may not be considered in resolving questions of
interpretation or construction. Unless otherwise indicated, any references in this Declaration to
articles, sections or exhibits are to Articles, Sections and Exhibits of this Declaration. Exhibit A
attached to this Declaration is incorporated herein by reference .
11.8 PRIORITIES AND INCONSISTENCIES. If there is any conflict or
inconsistency between this Declaration and a Supplemental Declaration, then the provisions of
6177-49502\CCRS\ 799589.6
8/19/09
0
di
the Supplemental Declaration shall control, although such instruments shall be construed to be
consistent with one another to the extent possible.
Declarant has executed this Declaration as of this e4day of August, 2009.
MH WILCOX, LLC,
a Delaw • limited liability ompany
By: ---
Print Name -,v I;-1 Id A
Title:
Declarant
STATE OF CALIFORNIA
COUNTY OF
On , 2009, before me, �anq p0
ovw
(here insert name and title of the officer)
personally appeared t- b%
who proved to me on the basis of satisfactory evidence to be the person(s) whose named is/ar'e
subscribed to the within instrument and acknowledged to me that he/-%ke*Tey executed the same
in his/hpr/tbe�r authorized capacity(ies), and that by his/W/tJ�,eir signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. 6 -AIM
GVC0"waboon +t t733090
0 1 60*6AW17.2mi I
No" coaroTrsl �
Oranq* Counly
Signature:
(SEAL)
617749502\CCRS\ 799589.6
8/19/09
-(OD-
�f3
SUBORDINATION
The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed
of Trust dated December 6, 2007, and recorded on December 14, 2007, as Instrument
No. 20072747443, in the Official Records of Los Angeles County, California (the "Deed of
Trust', which Deed of Trust is by and between MH Wilcox, LLC, a Delaware limited liability
company, as Trustor, and DSL Service Company, a California corporation, as Trustee, and
Downey Savings and Loan Association, F.A., as Beneficiary, expressly subordinates said Deed
of Trust and its beneficial interest thereunder to the foregoing Declaration of Covenants,
Conditions, Restrictions and Reservation of Easements for Gatsby Hollywood ("Declaration'),
and to all easements to be conveyed in the Declaration. By executing this Subordination, the
undersigned agrees that should the undersigned acquire title to all or any portion of the
Properties by foreclosure (whether judicial or nonjudicial), deed -in -lieu of foreclosure or any
other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the
provisions of the Declaration, which shall remain in full force and effect.
Dated: (A G.ST Z US Bank National Association, as successor in interest
to the Federal Deposit Insurance Corporation as receiver
for Downey Savings and Loan Association, F.A.
By: ()At4.0-� R -1"-j A,
Print lea
Title: A Yorized Representative Ix lC.va 11Ze5 t 1Pmn-
NOTARIAL ACKNOWLEDGMENT ONFOLLOWING PAGEJ
6177-49502\CCAS\ 799589.6
(�
8/19/09
-- IN
STATE OF CALIFDRN1A
COUNTY Ol,'.,�LiJ. 1Z117(�
On D , before me
{berg nsert name a le of the
personally appeared
who proved to me on 1Ye basis of satisfactory eve dencc to be the personrwhose nameseare
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ri. LINDA MELENDEZ
Z4Commiwlon # 1603440
Notary Publle — Ca6iforNo
San Bemoono camp
MYCorTM W� 93ALg29.2f�4
(SEAL)
6177-49502\CCRS\ 799589.6
8/19/09
q�
EXHIBIT A
APPROXIMATE LOCATIONS OF EXCLUSIVE USE AREA UTILITY VAULTS
617749502\CCRS\ 799589.6
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MASTERCRAFT HOMES GROUP
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14010UAILSTREET. SUITE 0100
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NEWPORT BEACH, CA. 82660
THE GATSBY HOLLYWOOD'
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TEL: (714) 5650100 FAX'(714) -0700
LOS ANGELES, CALIFORNIA
REGULAR MEETING OF THE CITY OF
COSTA MESA PLANNING COMMISSION
December 9, 2013
These meeting minutes represent an "action minute" format with a concise summary of
the meeting. A video of the meeting may be viewed on the City's website at
www, costamesaca. go or purchased on DVD upon request.
Hilda Veturis, long time employee who was retiring on December 27, 2013, led in the
Pledge of Allegiance.
ROLL CALL:
Present: Chair Jim Fitzpatrick
Vice -Chair Robert Dickson
Commissioner Colin McCarthy
Commissioner Jeff Mathews
Commissioner Tim Sesler
PRESENTATION OF PLANNING COMMISSION GREEN DESIGN AWARD FOR
BEACH HOUSE IMPORTS AT 1884 PLACENTIA AVENUE
Senior Planner Mel Lee and Chair Fitzpatrick gave an overview of the Beach House
Imports' nomination for a Green Design Award and summarized the Orange County
Register article that spotlighted the business.
Mr. Tim Bunning, owner of Beach House Imports, gave a narrative of the renovations
made to his business. He thanked the Commission for recognizing his business
through the Green Design Award.
Chair Fitzpatrick presented Mr. Bunning with the Planning Commission Green Design
Award.
PUBLIC COMMENTS
Beth Refakes, East Side resident, announced that the OCTA had voted down the toll
roads on the 1-405 Freeway. She wished everyone a happy holiday and new year.
PLANNING COMMISSIONER COMMENTS AND SUGGESTIONS:
Commissioner Sesler invited all residents who rode bikes to complete the bike survey
posted on the City's website and gave an update regarding the City's 311 application.
Vice -Chair Dickson spoke about being approached by two members of the public
regarding West Side overlay zone compatibility issues. He thanked Weichman Realty
for the Polar Express and Hilda Veturis for all her years of service. Chair Fitzpatrick
suggested Vice -Chair Dickson agendize discussion of the overlay zone for January
2014.
Commissioner McCarthy wished Hilda Veturis the best in her retirement and
congratulated Commissioner Mathews on his recent engagement. He reported on the
OCTA Toll Road meeting and said Assemblyman Allan Mansoor would be trying to get
something done in Sacramento regarding the issue.
CONSENT CALENDAR
1. Minutes for the meeting of November 25, 2013
2. Code Enforcement Update
MOTION: Approve the November 25, 2013 Minutes and Code Enforcement
Update. Moved by Chair Fitzpatrick, second by Vice -Chair Dickson.
The motion carried by the following roll call vote:
Ayes:
Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes:
None
Absent:
None
Abstained:
None
Chair Fitzpatrick announced that Public Hearings Nos. 6, 7 and S would be moved to
the beginning of the Agenda as the recommendation was that they be continued,
PUBLIC HEARINGS
6. Application No.:
Applicant:
Site Address:
Zone:
Project Planner:
Environmental
Determination:
PA -99-09 (Review)
City of Costa Mesa
1967 & 1977 Newport Boulevard
C2
Mel Lee
Exempt
Description:
Review of previously approved Conditional Use Permit that allowed 40% of the
rooms located at the Sandpiper Inn to be devoted to long-term occupancies.
Specifically, the Planning Commission will consider if the Sandpiper Inn has
historically operated in a fashion that is consistent with the conditions of approval
set forth in the approved Conditional Use Permit for the property.
PUBLIC COMMENTS
Judy Smith, West Side Costa Mesa resident, presented pictures, addressed
concerns and spoke in opposition of the conditional use permit for Sandpiper
Motel.
Chair Fitzpatrick asked Commissioner Sesler to follow-up with Ms. Smith's
concerns.
2
MOTION: Continue PA -99-09 (Review) to the January 13, 2014 Planning
Commission. Moved by Chair Fitzpatrick, second by Vice -Chair Dickson.
The motion carried by the following roll call vote:
Ayes: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes: None
Absent: None
Abstained: None
7. Application No. PA -98-73 (Review)
Applicant: City of Costa Mesa
Site Address: 2277 Harbor Boulevard
Zone: C1
Project Planner: Mel Lee
Description:
Review of previously approved Conditional Use Permit that allowed 40% of the
rooms located at the Costa Mesa Motor Inn to be devoted to long-term
occupancies.
Specifically, the Planning Commission will consider if the Costa Mesa Motor Inn
has historically operated in a fashion that is consistent with the conditions of
approval set forth in the approved Conditional Use Permit for the property.
PUBLIC COMMENTS
Judy Smith, West Side Costa Mesa resident, stated she was in opposition of the
conditional use permit for the Costa Mesa Motor Inn.
MOTION: Continue PA -98-73 (Review) to the January 13, 2014 Planning
Commission meeting. Moved by Chair Fitzpatrick, second by Vice -Chair
Dickson.
The motion carried by the following roll call vote:
Ayes: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes: None
Absent: None
Abstained: None
8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING TITLE 13, ARTICLE 8, SECTION 13-172, ET. AL., OF THE
COSTA MESA MUNICIPAL CODE RELATED TO MOTELS
Code Amendment CO -13-03 related to Motels. The amendments would reduce
the total number of rooms that could be utilized as extended occupancy rooms at
any motel site from 25% to 10%. Environmental Determination: Exempt.
PUBLIC COMMENTS
Judy Smith, West Side Costa Mesa resident, said she would return on January
13, 2014 to speak on all motel items.
MOTION: Continue the City Council Ordinance amending Title 13, Article 8,
Section 13-172, et al, to the January 13, 2014 Planning Commission
meeting. Moved by Chair Fitzpatrick, second by Vice -Chair Dickson.
The motion carried by the following roll call vote:
Ayes: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes: None
Absent: None
Abstained: None
Chair Fitzpatrick advised that Public Hearing No. 10 would be taken out of order to give
the Consultant the opportunity to make her presentation early in the meeting.
10. GENERAL PLAN AMENDMENT GP -13-03 IS A CITY -INITIATED AMENDMENT
TO THE 2000 GENERAL PLAN CONSISTING OF:
a) Addendum to Final Program Environmental Impact Report EIR : To satisfy
the requirements of the California Environmental Quality Act (CEQA), the City
prepared an addendum to the original General Plan Final Program EIR
(certified in January 2002).
b) Proposed 2013-2021 Housing Element: A technical update of the Housing
Element of the 2000 General Plan as required by California Law Government
Code Section 55588.
Management Analyst Hilda Veturis gave an introductory overview. She reminded
the Commission that Costa Mesa's RHNA (Regional Housing Needs Allocation)
number was two (2), and they had eight (8) years to meet that RHNA number.
Ms. Veturis turned the presentation over to Consultant Veronica Tam.
Consultant Veronica Tam provided a power point presentation that explained the
Housing Element, the steps staff had taken and where they currently were at in
the process.
PUBLIC COMMENTS
Jay Humphrey, Costa Mesa resident, wished everyone a happy Holiday season
and asked if replacing affordable housing units with non -affordable house units
would force RHNA's number to increase. He added there were mobile homes in
the West Side that if you added an additional floor would suddenly have ocean
views and would no longer be affordable housing. What would the City do to
maintain affordable housing and keep RHNA's number of two if they removed
affordable housing from those confines?
Ms. Tam explained the RHNA process and affordable housing preservation.
Chair Fitzpatrick suggested a possible overlay or zoning plan for the Fairview
Development facility as part of the Commission's 2014 Goals. Commissioner
Dickson thanked the community and staff for their involvement in the ongoing
process.
4
MOTION: That the City Council adopt the addendum to Final Program EIR
and adopt the General Plan Amendment GP -13-03 for the proposed 2013-
2021 Housing Element. Moved by Vice -Chair Dickson, second by Chair
Fitzpatrick.
The motion carried by the following roll call vote:
Ayes: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes: None
Absent: None
Abstained: None
1. Application No.:
Applicant:
Site Address:
Zone:
Project Planner:
Environmental
Determination:
PA -08-12 Al
Abid All Malik
1512 Bristol Street
C2
Antonio Gardea
Exempt
Description:
1. Amend conditional use permit (PA -08-12) to allow concurrent sales of beer
and wine for off-site consumption (Type 20 State Alcoholic Beverage Control
license) at an existing gasoline station.
2. A finding of public convenience or necessity in conjunction with the proposed
ABC license.
Senior Planner Antonio Gardea summarized the staff report. The item was an
alcohol beverage license for sale of beer and wine for off-site consumption. No
public comments were received. The gas station was located in an area of
overconcentration and the Commission would be making a finding of public
convenience or necessity in order to have the license issued to this location.
The Commission discussed the difficulty of obtaining a new license, the business
hours and Condition No. 9,
PUBLIC COMMENTS — None
Sherrie Olson, Consultant for Shell Gas Station and Ali Malik, owner of Shell Gas
Station presented their request. Mr. Malik stated he owned two gas stations and
had been a business owner in the City of Costa Mesa for the past 15 years. Ms.
Olson advised they had read the conditions of approval, they were not in
agreement with them and requested modifications based on the numerous
findings they presented. Given Mr. Malik's good standing with the community
and the dollars he had invested, Ms. Olson asked for case-by-case consideration
for his request so they could move forward.
At the request of Chair Fitzpatrick, Ms. Olson explained the process for a Type 20
State Alcoholic Beverage Control license.
A lengthy discussion followed regarding oversaturation in the area and allowing
new licenses on a case-by-case basis.
5
MOTION: Approve PA -08-12-A1 at 1512 Bristol Street, make a finding of
public convenience or necessity for a Type 24 ABC license and the
Conditions of Approval be modified as follows: strike Condition of
Approval No. 5 and replace with the required condition for quiet enjoyment
of the neighboring community; amend the hours on Condition of Approval
No. 7 to state "and shall not occur between 12 midnight and 6 a.m. and,
strike Condition of Approval No. 9. NOTE: The staff report stated this was
a 24-hour business; applicant clarified their business hours were 5 a.m. to
12 midnight.
Commissioner Sesser asked about monitoring the restriction of ABC licenses.
Commissioner Dickson asked staff to provide them with full copies of ABC
reports for future beer and wine license applications.
Moved by Vice -Chair Dickson, second by Commissioner Mathews.
The motion carried by the following roll call vote:
Ayes:
Fitzpatrick, Dickson, Mathews, Sesler
Noes:
McCarthy
Absent:
None
Abstained:
None
The Chair explained the appeal process.
2. Application No.:
Applicant:
Site Address:
Zone:
Project Planner:
Environmental
Determination:
PA -94-14 Al
Gary Turner
1562 Newport Boulevard
C2
Antonio Gardea
Exempt
Description:
Amend conditional use permit (PA -94-14) to change an existing State Alcoholic
Beverage Control License for an existing bar (Pub 33) located within 200 feet of
residentially zoned property from a type 42 (On -Sale Beer and Wine) to a type 48
(On -Sale General) license.
Senior Planner Antonio Gardea summarized the staff report. He reported the
application was a request to amend a conditional use permit that allowed the sale
of beer and wine. The business had changed ownership and was not located in
an over concentrated area. The owner would be cancelling the license rather
than surrendering it to another retailer in the city if the upgraded license was
obtained.
Commissioner McCarthy asked if the neighbor's concerns dimmed staff's view in
anyway. Mr. Gardea stated they were not concerned because the neighbor's
concerns were related to the previous owner. Since the change of ownership,
the business had not received concerns regarding the operation and the police
department supported the new use and change of atmosphere.
6
The Commission discussed the comments received by a resident who was in
opposition of elevating the liquor license and expressed concerns over past Fire
complaints and Code Enforcement violations regarding the smoking patio that
would remain open until 2 a.m. and residences less than 200 feet away.
Mr. Gardea stated the constituent who called was concerned with the rancorous
environment, noise from patrons leaving the bar and sound travel from the juke
box.
PUBLIC COMMENTS
Applicants Joann and Gary Turner had reviewed the conditions of approval and
were in agreement with them. Their plans were to revamp and beautify the
building by investing $250,000 to renovate the interior and exterior of the Sports
Bar which used to be a bikini bar; having a full liquor license would allow them
the goal of marketing to a higher demographic. They requested the support from
the Commission, said they would be open to community's concerns and added
they had received an overwhelming response from local residents who were
thrilled with the change.
The Commission discussed the smoking patio, the possibility of a retractable
cover over the smoking patio in order to minimize noise, kitchen facilities, serving
food and server's attire. Ms. Turner reported there would be a cover over the
smoking patio. They hoped to serve food (deli sandwiches, etc.) and change the
theme and attire of the bar when they obtained a full liquor license.
There were no comments from the public.
MOTION: Based on the evidence of the record, the findings contained in
Exhibit A, modified Conditions of Approval in Exhibit B as follows:
Condition of Approval No. 1 to contain "continue improvements and
renovations with quality materials as stated in the staff report to the
satisfaction of the Development Services Director of designated staff'; add
Condition of Approval No. 17 pertaining to quiet enjoyment; add Condition
of Approval No. 18 to have some type of food service; add Condition of
Approval No. 19 to include patio cover to the satisfaction of the
Development Services Director to mitigate noise; approve PA 94-94 Al for
a change of ABC license from Type 42 to Type 48. Moved by Vice -Chair
Dickson, second with comment by Commissioner McCarthy.
Commission McCarthy requested the condition pertaining to the quiet enjoyment
of the neighbors be a standard condition.
The motion carried by the following roll call vote:
Ayes:
Dickson, McCarthy, Mathews, Sesler
Noes:
Fitzpatrick
Absent:
None
Abstained:
None
The Chair explained the appeal process.
7
3. Application No.
Applicant:
Site Address:
Zone:
Project Planner:
Environmental
Determination:
PA -89-36 A21 PA -87-133 A11 ZA-13-22
Barbara Cohen
901 South Coast Drive &
905 South Coast Drive
PDC
Antonio Gardea
Exempt
Description: Amendments to the existing Planned Sign Programs PA -89-36 &
PA -87-133 for the Metro Pointe office and retail center.
The amended sign program includes the following signs:
1. Two new 53 -foot high pylon signs, which include a 9 -foot high by 18 -foot
wide electronic changeable copy sign;
2. Three freestanding signs to replace existing signs (13 feet, 4 inches wide
and approximately 24 feet in height);
3. Fourteen temporary banners mounted on 7 poles (2 feet, 6 inches wide by
10 feet in height each); and
4. Two project identification signs:
a. Replacement of the sign at the corner of Bear Street and South
Coast Drive with individual letters 18 -inches in height and a logo 5 -
feet, 2 -inches in height; and
b. A new sign, 44 feet in width, with individual letters, 6 -feet in height
and a logo 12 -feet in height mounted to the parking structure facing
the freeway.
The sign program also includes a directional sign at the affiliated office complex
across the street from the Metro Pointe retail center. The freestanding,
illuminated sign is greater than 7 feet in height (approximately 12 feet in height by
6 feet, 3 inches in width) and is located within 200 feet of residentially -zoned
properties.
Senior Planner Antonio Gardea summarized the staff report and provided slides
of the proposed pylon signs and flag pole -type banners. Staff's recommendation
was to approve the pylon, identification and directional signs and deny the
banners and LED reader boards.
The Commission discussed monument signs, square footage of new pylon signs
being within the original plan sign program, rational for banning LED readers and
banners if they were not visible from residential areas, advertising for City events
and CalTrans' limitations on reader boards.
PUBLIC COMMENTS
Milton Solomon, Principal for Architectural Design & Signs (ADS) speaking on
behalf of the developer Arnel Property, stated he had read and was in agreement
with the conditions of approval. Mr. Salomon spoke on how LED's revolutionized
the sign industry and how essential they were to the success of the project. The
8 banners added color and presented opportunities for the seasons but were not
critical. Mr. Solomon pointed out the important aspect of adding "Costa Mesa"
8
underneath the Metro Pointe sign so people could begin relating Metro Pointe
with the City of Costa Mesa.
Beth Refakes, Costa Mesa resident, liked adding "Costa Mesa" underneath the
Metro Pointe sign but felt the banners would detract and create visual clutter from
the Metro Pointe signage. She did not think the LED reader boards would be an
asset to Metro Pointe and asked if the existing signage in the parking structure
was going to remain or be removed.
LED reader boards and projects with LED reader boards were discussed at
length.
MOTION: Strike "and 14 temporary banner signs" from the second
whereas paragraph on the resolution approving the application. Based on
the evidence of the record, the findings contained in Exhibit A and subject
to the Conditions of Approval contained in Exhibit B with the following
modifications: paragraphs "m"and "n: be duplicative of "i" and "j" (strike
paragraphs "m" and "n"); turn "o" into "m"; include in "n" that the
advertising on the LED reader board shall include City and non-profit
events (same conditions as SOCO); new condition "o" to be "as presented
by the applicant add "Costa Mesa" to the project identification sign along
the 405 Freeway frontage." Moved by Vice -Chair Dickson, second by
Commissioner Mathews.
The motion carried by the following roll call vote:
Ayes: Dickson, Mathews, Sesler
Noes: Fitzpatrick, McCarthy
Absent: None
Abstained: None
The Chair explained the appeal process.
4. Application No.
Applicant:
Site Address:
Zone:
Project Planner
Environmental
Determination:
PA -13-30, TTM 17549
BJ Deizer Melia Homes
687 Victoria Street
R2 -MD
Minoo Ashabi
Exempt
Description:
The proposed project involves -
1) Design Review to construct an 11 -unit, two-story detached residential
development including the following:
a) Variance from open space requirement (40 percent required; 34
percent proposed);
b) Variance from common lot requirement (no common lot proposed);
c) Variance from minimum lot size and average lot size requirements
(3,000 SF required; 2,645 SF proposed);
d) Administrative Adjustment to reduce the second floor rear yard setback
(20 feet required; 12.5 feet proposed);
9
e) Administrative Adjustment to reduce distance between buildings (10
feet required; 7 feet proposed);
f) Deviation from Residential Design Guidelines requested for second
floor to first floor ratio (80 percent recommended; 110 percent
proposed); and,
g) Deviation from Residential Design Guidelines requested for average
side yard setback for second floor (10 feet required; 8 feet proposed).
2) Tentative Tract Map No. 17649 to subdivide a 0.8 -acre parcel for a
residential common interest development.
Principal Planner Minoo Ashabi summarized the staff report. She advised that Item
G (average setback for side yard) on the Design Review would no longer be
applicable since the City Council had adopted an amendment to the Residential
Design Guidelines at their December 3, 2013 meeting.
The Commission discussed the 5% open space shortfall and onsite trash service.
PUBLIC COMMENTS
Chad Brown, representing Melia Homes, hoped the application could replace older
rental housing in the West Side with for sale single-family detached housing. Mr.
Brown encouraged focus towards the general plan policy that was in place
regarding the allowable density for the site and addressed parking and open space
concerns. He stated the project was consistent with small lot ordinances, if the
Commission approved Item No. 9 on the Agenda (small lot ordinance), the three
variances (a, b and c) would go away. Mr. Brown stated that Melia Homes had
reviewed the conditions of approval; they were satisfied with the conditions of
approval and accepted them. Mr. Brown requested the Commission's approval for
the project.
,day Humphrey, Costa Mesa resident, addressed two concerns - inadequate parking
and the three variances. He asked if approval of the small lot ordinance would
impact the project.
Brian Anderson, Costa Mesa resident, said the project was affecting the area where
he lived but he was in support of it. Mr. Anderson addressed parking issues and
suggested having one less unit, adding visitor parking or a common area for
children to play.
Barrie Fischer, Costa Mesa resident, was one of the residents who emailed her
parking concerns. She felt the development was beautiful and it would improve the
neighborhood but if the developer could require the tenants from the apartments
along Pomona to Page School to use their apartments for parking cars instead of
storage she would be in support of it. The constant in -and -out of cars, talking that
was keeping her awake and jaywalking was unacceptable. The traffic from the
apartments needed to be rerouted back to Victoria. Chair Fitzpatrick encouraged
Ms. Fischer to send him an email so he could refer her concerns to the
Neighborhood Improvement Task Force.
Chad Brown clarified the existing project had 12 units with 17 parking spaces so he
understood how that would have detrimental effects from overflow parking. Their
10
proposal was for one less unit and 44 total parking spaces which tripled the amount
of parking for a smaller project. Mr. Brown offered alternatives for additional
parking Mime and date specific turnabout). He addressed variance concerns and
materials used for the driveways that would support the weight of trash trucks. Mr.
Brown requested the Commission's approval for the development.
Commissioner McCarthy said the project was a small solution because 12 medium
density apartment units were being removed and replaced with 11 detached
residences that were fully parked.
Commissioner Sesler supported the development and said attractive developments
that encouraged homeownership were needed in the area. Having on-site trash
service was a welcomed relieve. Parking issues could be addressed via a survey.
MOTION: Based on the findings in Exhibit A and the conditions set forth in
Exhibit B, with additional conditions that trash service shall occur onsite
and guest parking shall be added at the discretion of the Development
Services Director or designated staff in the common space by Unit 10;
modify Condition of Approval No. 21 include that the garage shall be
suitable for parking two automobile or truck vehicles; approve PA -13-30,
TTM 17549 for an 11 -unit detached common interest development. Moved
by Chair Fitzpatrick, second by Commissioner McCarthy.
The motion carried by the following roll call vote:
Ayes:
Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes:
None
Absent:
None
Abstained: None
The Chair explained the appeal process.
5. Application No.: 125 East Baker Street Apartments Environmental Impact
Report (EIR)
Applicant: Red Oak Investments
Site Address: 125 East Baker Street
Zone: CL
Project Planner: Mel Lee
Environmental
Determination: Environmental Impact Report (EIR)
Description:
The purpose of the hearing is to receive public comment on the Draft
Environmental Impact Report (DEIR) for the 125 East Baker Street Apartment
project. The proposed project consists of a five -story, 240 -unit residential
apartment building (03 feet overall height) that wraps around a six -level parking
structure (57 feet overall height) with 455 parking spaces in the structure and four
outdoor on -grade parking spaces. The proposed project will involve a General
Plan Amendment to change the land use designation from Industrial Park (MP) to
High Density Residential (HDR) and a Zoning Change from Commercial Limited
(CL) to Planned Development Residential — High Density (PDR -HD). Other
entitlements include a Zoning Code amendment and Master Plan to
accommodate the proposed project
Senior Planner Mel Lee advised the purpose for the public hearing was to take
public comment on the Draft Environmental Impact Report that had been
available for public comment for the 45 -day period as stipulated in the California
Environmental Quality Act (CEQA). Mr. Lee reported the Commission would not
be taking final action on the project. The public comment period would remain
open until December 20, 2013 at which time the environmental consultant would
bring forward the final document along with all of the entitlements to the Planning
Commission and City Council for separately advertised public hearing dates at
future date yet to be determined. Mr. Lee introduced Julian Capita from Atkins
who was the Environmental Consultant who prepared the draft Environmental
Impact Report and added that Red Oak Investments, the project developer was
also present if the Commission had any questions regarding the project.
Julian Capita provided a background overview of the draft EIR.
PUBLIC COMMENTS
Jay Humphrey, Costa Mesa resident, was in support of the project.
Gary Lucas, AZ Manufacturing, spoke in opposition of the Draft EIR.
Max Mashar, Baker Street tenant asked what type of noticing would be given if
the project moved forward.
Anne Lukas, co-owner of AZ Manufacturing, did not understand the EIR and did
not see measures being taken regarding traffic issues the project would create.
Mike Harrison, representing Trico Realty, was an opponent of residential
development infiltrated in industrial areas but felt this project was an appropriate
land use and well -conceived project.
Chair Fitzpatrick asked for a timeline. Mr. Lee advised the public comment
period would end on December 20, 2013 and reported that copies of the Draft
EIR were available in hard copy or electronically. At the conclusion of the public
comment period, all comments would be prepared and incorporated into the Final
EIR and made available 10 days prior to the public hearing date. With regards to
the public hearing for the project all residents within a 500 foot radius would
receive notification.
Commissioner Dickson requested the comments from the public be fully
transcribed in lieu one sentence summations. (Verbatim Minutes were typed
under a separate cover).
9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATED
TO SMALL LOT SUBDIVISIONS
Code Amendment CO -13-04 to amend the Zoning Code for new regulations
related to small lot subdivisions. Amendments are proposed, but not limited to,
12
the following Code Sections in Title 13 (Zoning Code) of the Costa Mesa
Municipal Code:
■ Chapter I —Add new definitions related to small lot subdivisions;
Chapter IV, Table 13-30 (Land Use Matrix) — Allowing small lot subdivisions
of up to 15 dwelling units in multiple family residential zones; and,
• Chapter V, Article 2.5 — add new development standards for small lot
subdivisions.
Environmental Determination: Exempt
Principal Planner Minoo Ashabi advised the Commission that an ordinance for
their consideration was before them as a result of an increase proposals for
detached homes in the housing development. Ms. Ashabi summarized the staff
report and made her presentation.
Ms. Ashabi answered questions regarding parking/density impacts; the process
for future proposals if the Commission adopted the ordinance, inclusion of trash
service, rear setbacks for abutting properties.
PUBLIC COMMENTS
Victor Cao, Manager of Government Affairs for the Building Industry Association
(BIA), commended staff for their work throughout the year to get the small lot
ordinance where it was today. Mr. Cao urged the Commission to think ahead
and plan in a greater context because with home prices increasing 21 %, the
American Dream of homeownership was diminishing. The small lot ordinance
would meet a market demand that until now had not been met. To assist with the
concerns from the staff analysis, Mr. Cao submitted two proprietary BIA
handouts.
Vice -Chair Dickson was concerned with preserving the characteristics of some
neighborhood and suggested making the ordinance flexible so as not to lessen
the standards in a detrimental way. He felt the small lot ordinance was a
phenomenal effort.
Commissioner McCarthy felt the West Side of Costa Mesa was a good catalyst
for the small lot ordinance.
Chair Fitzpatrick asked if the Commissioners were comfortable with going with
the second recommendation and continuing the matter to the January 13, 2014
Planning Commission meeting. Vice -Chair Dickson suggested agendizing the
matter early in the agenda.
Ms. Minoo asked if the Commission would be interested in seeing the standard
conditions at the January meeting. The Commission responded affirmatively.
MOTION: Continue Public Hearing No. 9 (AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA AMENDING TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE RELATED TO SMALL LOT
SUBDIVISIONS) to the January 27, 2014 Planning Commission meeting.
Moved by Vice -Chair Dickson, second by Commissioner Mathews.
13
The motion carried by the following roll calf vote:
Ayes: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes: None
Absent: None
Abstained: None
STAFF COMMENTS - None
ADJOURNMENT: NEXT PLANNING COMMISSION MEETING AT 6:00 P.M. ON
MONDAY, JANUARY 13, 2014.
Submitted by:
CLAIRE FL NN,,SECRETARY
COSTA MrESA PLANNING COMMISSION
14
PLANNING COMM/SS/ON
SNDA REPORT
MEETING DATE: JANUARY 27, 2014 ITEM NUMBER P11 _Z
SUBJECT: CODE AMENDMENT CO -13-04- SMALL LOT SUBDIVISION ORDINANCE
DATE: JANUARY 16, 2014
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610
minoo.ashabi@costamesaca.gov
DESCRIPTION
Code Amendment CO -13-04 is a zoning code amendment to add new regulations for
small lot subdivisions in multiple family residential zones which involves amending Title 13,
the Zoning Code as follows:
• Chapter I — Add new definitions related to small lot subdivisions;
• Chapter IV, Table 13-30 (Land Use Matrix) — Allowing small lot subdivisions of up
to 15 dwelling units in multiple family residential zones;
• Chapter V, Article 2.5 — add new development standards for small lot subdivisions.
It should be noted that the proposed standards will NOT
• Increase the density in any of the multiple family residential zones;
• Decrease required number of parking spaces, or
• Change the entitlement process for small subdivisions
RECOMMENDATION
• Recommend that the City Council approve the ordinance and give first reading;
and,
• Review and comment on the draft standard conditions of approval.
BACKGROUND
On September 10, 2013, a study session was held with the City Council and Planning
Commission that was attended by the public and homebuilders. Staff was directed to prepare
a "Small Lot Subdivision" ordinance with photos of potential development for consideration by
Planning Commission.
On December 9, 2013, Planning Commission reviewed the first draft of the ordinance,
discussed the following issues, and continued the item to January 27, 2014 meeting:
• Perimeter side and rear setback — Vice Chair Dickson recommended that the rear
and side setbacks include provisions similar to the City of Los Angeles ordinance
that notes,rp e -existing _development should guide the setbacks and new
development should preserve the existing character of the neighborhood. A
minimum side and rear setback of 10 feet was suggested. This setback would be
applied to the perimeter of the development lot and not individual parcels within the
development.
Response — staff revised Table 13-42 of the ordinance to include a minimum 10 -foot
side and rear setback for two-story and three-story development. New language was
added related to the compatibility with the neighboring properties.
• Design Guidelines — Chair Fitzpatrick recommended including design guidelines
with the ordinance similar to the City of Los Angeles ordinance. The merits of
preparing a guideline was discussed and staff noted that the City of Los Angeles
ordinance allows development that meet the guidelines without a discretionary
review, whereas in Costa Mesa all development of two or more units within R2 -MD
zoning district is subject to approval of a design review by the Planning Commission.
In addition, staff works with the developers to recommend the most practical site and
architectural plans to the Planning Commission for review and approval. In any case,
the Planning Commission has the final approval authority in terms of site planning
and architectural design.
Response — Given that the City has Residential Guidelines in place, staff did not
prepare a separate design guidelines for the small lot subdivision ordinance. The City
of Los Angeles ordinance is applicable to all small lot subdivisions regardless of the
number of units versus Costa Mesa's ordinance that would apply only to subdivisions
of up to 15 units. The practical written provisions of the Los Angeles ordinance were
included in the draft ordinance. In addition, all residential developments are subject to
the City's Residential Design Guidelines that includes appropriate site planning and
architectural articulation.
• Recommendation to City Council — Commissioner McCarthy noted that the report
to the City Council should be a comprehensive report and include all information so
that provisions of the proposed ordinance are clearly communicated. The ordinance
is intended to encourage development of detached small lot single family units for
ownership. The City of Costa Mesa is a good candidate for this type of development,
which promotes homeownership and provides affordable options to younger families
and individuals.
M
Response — staff included a side by side comparison of the new requirements with
the existing provisions. It should be noted that the ordinance will not allow a higher
density or lower parking standards.
• Standard Conditions of Approval — Planning Commission requested that standard
conditions of approval be prepared and adopted with the ordinance to address all
issues including provisions for trash pick up and storage.
Response — staff included a list of standard conditions of approval for the
Commission's review and comment. Staff recommends that these conditions be
applied as part of our administrative process so that changes if necessary to address
unique site specific circumstances will not require prior Council approval.
A full discussion of the background information was included in the December 9th staff report
available at the following link:
http_//www. costa mesa ca.gov/ftiD/pjan ningcommission/agenda/201 3/201 3-12-09/PH-9. pdf
Current Requirements - Common Interest Development
The City currently has regulations in place for residential subdivisions referred to as "common
interest development standards." Common Interest Developments are permitted in all multi-
family residential zoning districts. The standards include various provisions such as
requirement of a common lot (typically a landscape street setback and common drive),
minimum lot size and average lot size standards, as well as regulations related to formation of
a homeowners association. The current requirements are applicable to both detached and
attached products. While these standards have been practical for larger developments; they
have been challenging for smaller subdivisions. Most small subdivisions require approval of
several variance and administrative adjustments to allow development of detached units on
small lots. The following is a list of development standards and required documents that are
proposed to be revised with the proposed Small Lot Subdivision Ordinance:
• Common lot requirement - The current common interest development standards require
that all projects be designed with a minimum of one common lot, in common
ownership and maintained by a homeowners association. This lot is required to
contain common driveways, parking areas, and the front 10 feet of the landscaped
street setback.
• Minimum distance between buildings - A 10 -foot minimum between main buildings
and a 6 -foot minimum separation between main buildings and accessory structures is
required.
• Minimum open space - All subdivisions are required to provide a minimum 40% of total
lot area as open space. Open space excludes driveways and common hardscape
areas. In addition, each individual lot is required to provide a minimum of 400 square -
foot open space area with no dimension less than 15 feet.
• Minimum Lot size — The minimum lot size is 3,000 square feet with an overall average
of 3,500 square feet. The required common lot is not included in the calculation of lot
area.
3
• Rear yard setback — A 20- foot minimum rear setback is required for the second floor
of two-story structures in medium density and a minimum 15- foot for high density
zones.
Parking regulations are proposed to be revised; however, the required number of parking
spaces will not be decreased. Subdivisions of five or more units are required to provide some
open parking spaces accessible to all residents in the community and not in front of the
garages.
In addition, the Common Interest Development Standards include specific provisions with
respect to maintenance requirements and homeowners associations are proposed to be
revised. All subdivisions are required to record CC&Rs that would include a plan for
permanent care and maintenance of open spaces, recreational areas, and common facilities
pursuant to State law (Civil Code 1350-1359).
ANALYSIS
The purpose and intent of the small lot ordinance is to promote affordable ownership housing
by providing more flexible development standards and maintenance mechanisms for
underutilized multi -family residential lots within the densities allowed by the General Plan. This
proposed code amendment will add a new section to the zoning code applicable to detached
residential development of up to 15 units without modifying the current "Common Interest
Development" standards. The amendment is not intended to increase the current densities or
decrease the parking standards.
Proposed New Development Standards - Small Lot Subdivisions
The following includes a comparison of the existing and proposed development standards
applicable to subdivisions of up to 15 dwellings. The development standards are proposed to
allow the most flexibility in development standards and maintenance requirements without any
increase in the density requirements or decrease in the parking standards:
Common Interest Development
Small Lot Subdivisions
Subdivisions of 16 or more units
Subdivisions of up to 15 units
(Existing — No Chane
New
Common lot required — typically includes the
Common lot not required — common areas are divided
main drive and street landscape setback
among the individual parcels and reciprocal access
and parking is provided by an easement recorded
with theparcel/tract ma
Minimum open space (development lot) — 40%
Minimum open space (development lot) — 30%*
(not including porches of over 6 feet in depth
(includes porches, covered patios, roof decks and
and balconies)
balconies
Minimum open space (individual lot) - 400
Minimum open space (individual lot) - 250 square feet
square feet with no dimension less than 15 feet.
with no dimension less than 12 feet. **
Minimum rear yard setback — 10 feet for one
Minimum rear yard setback — all setbacks are treated
story and 20 feet for two stories
as side setbacks with a minimum 10- foot separation
from the 2ro2erty line.
Minimum lot size of 3,000 square feet and
No minimum standards for lot area
average lot size of 3,500 square feet; no
Minimum lot width — 20 feet
minimum lot width
Maximum height — two -stories or 27 feet
Maximum height — two -stories or 27 feet maximum
maximum unless otherwise allowed by a
unless otherwise allowed by a specific plan or urban
91
specificIp an or urban plan
Minimum distance between buildings — 10 feet
Homeowner's association required
Covenants, Conditions, and Restrictions
(CC&Rs) — required to be recorded prior to final
inspection
plans.
No minimum distance required as long as the
structures are completely separated, do not share a
common wall, and meet Building and Fire Code
standards.
City will require that the homeowners be responsible
for maintenance of all areas subject to access and/or
maintenance easements (i.e., access, drainage and
utilities, and landscape setbacks) and carry insurance
policies for the homeowners.
A maintenance agreement can be executed for
subdivision of 4 or less in lieu of requiring an
association when each unit has an independent
access to the public street and there is no common
drive or other amenities.
Covenants, Conditions, and Restrictions (CC&Rs) —
required to be recorded prior to final inspection
" Decorative paving will be required for all interior roadways and parking to balance the reduction in open space.
** The private open space area is included in the overall open space calculations.
It should be noted that the threshold for the maximum number of parcels (15 parcels under
small lot subdivision) was proposed based on a typical lot size in R2 -MD zone and a
manageable development without a homeowners association; this is an arbitrary number and
can be modified as Planning Commission may deem appropriate.
Homeowners and Maintenance Associations
With the cost of homeownership rising, developers are proposing an alternative mechanism for
maintenance of small lot subdivisions that will reduce the monthly cost to the homeowners and
reduce the administrative requirements of a subdivision. While a condominium association
may be the best alternative for most subdivisions, to provide compliance with the requirements
of Davis -Stirling Act (i.e., 10 -year homebuilder warranty and lien rights); in cases where there
is no common area and where permissible under state law, a maintenance association could
be a less costly alternative. In either alternative the City would require recordation of CC&Rs to
ensure a certain level of maintenance standards and enforcement procedures.
The following is a comparison of the two alternative types with respect to maintenance and
regulatory standards:
Applicable Regulations Common Interest Development
_ HOA
Davis Stirling Act requirement Yes
for HOA to manage
Business & Professions Code
Yes
51
Small Lot Subdivision
No.
Common interest developments
could be exempt but
determination of applicability is
left to Developer. City will
establish minimum maintenance
standards for small lot
subdivisions that association
must be responsible to maintain.
No, if less than 5 units. However
Public Reporting Requirements
(public documents)
determination of applicability is
left to Developer.
CC&Rs
Yes
Yes
Lien Rights
Yes
No
Common areas
Reciprocal Easements, etc.
Budget
Yes
Yes/No
Required by BRE
Required by BRE
Advisable but not required
Advisable but not require
Standard of Maintenance
Conditions of Ap2roval
Yes
Yes
Dispute Resolution
Construction Defects
Maybe subject to arbitration _ Maybe subject to arbitration
Subject to Davis Stirling — builder I Unknown - subject to litigation*
is liable for 10 years
* Homeowner and maintenance associations have the right to sue others as one entity; however, individual
homeowners not part of a HOA or maintenance association would have to sue as individuals.
Common interest developments with a common lot are required to submit public reports to
BRE and provide certain disclosures to the homebuyers under the Business & Professions
Code. Small lot subdivisions under 5 parcels may avoid these requirements. However, staff is
recommending establishing a minimum standard of disclosure by the developers prior to
entering into sales agreement with the potential homebuyers for the sale of properties within a
small lot subdivision, even if the developer is exempted from disclosure requirements under
state law. These requirements are noted below and included in the draft ordinance under
Section 13-42.2 (c).
• The type, thickness, and R -value of the insulation that has been installed in the home
• Any potential hazards or lead-based paint (24 CFR Part 35 and 40 CFR Part 745)
• Uses other than residential and any unusual zoning in proximity to the project
• Distance to airport if within two miles
• Any special costs that will be incurred by the lot buyer as a result of the installation of
a building foundation or any other construction due to unusual soil/geological
conditions
• If there is fill in excess of 2 feet
• Schools servicing subdivision and any special conditions
• Any unusual flooding conditions
• Conditions of approval by the City and any resale restrictions
• Dedications and easements
• Project phasing plan
• CC&Rs
GENERAL_ PLAN CONFORMITY
The proposed ordinance is consistent with the following goals and policies of the General Plan:
• LU -1 A.1, LU -1A.4, LU -10.4, HOU -1.9, HOU -2.4, HOU -4.4, CD -7A.1 and CD -7A.2.
PUBLIC NOTICE
Code requires publication of a display AD in the local newspaper (Daily Pilot) for Title 13 Code
Amendments. At the time of publication of this report, no public comments have been
6
received. Any correspondence will be forwarded to the Planning Commission under separate
cover. In addition to the newspaper ad, all property owners within PDI zoning, homeowners
associations and other neighboring cities and government agencies were notified by mail.
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 it
can be seen with certainty that there is no possibility that the proposed amendment to the
Zoning Code will have a significant effect on the environment.
LEGAL REVIEW
The staff report and the draft ordinance has been reviewed and approved by the City Attorney.
CONCLUSION
Given the request from local developers and the City's desire to stimulate for sale housing
development in the City, staff believes there is support for the creation of innovative
programs to increase housing development and home ownership opportunities within the
allowed densities of the City's General Plan. The following summarizes key aspects of the
proposed ordinance.
• If adopted this will be the first of such ordinance in the County. Similar ordinances,
in other jurisdictions, have not been implemented long enough to determine all the
potential benefits and consequences;
• A few jurisdictions have adopted design guidelines related to site and building
design including City of Los Angeles; however, in Costa Mesa, these subdivisions
will be subject to discretionary process (Design review) which allows site planning
and architectural review of the projects. Design guidelines are a helpful tool;
however, may not be necessary. In all cases, residential developments are subject
to the City's Residential Design Guidelines.
• Small lot ordinance would be applicable to all multi -family residential zoning districts
and urban plan residential development and live/work projects.
• While all small lot subdivision would be subject to CC&Rs, small subdivisions of up
to four parcels with no common areas could be exempt from a homeowner's or
maintenance association and subject to only a maintenance agreement.
• Small lot subdivision will allow development within the allowed densities of the
zoning code and general plan.
MINOO ASHABI, AIA
Principal Planner
r'
RY R NG, AICP
conomYVILC
ic nd Development Services
Director/ Deputy CEO
Attachments. 1. Draft Ordinance
2. List of other California Cities with adopted small lot ordinance
3. Draft Standard Conditions
4. Examples of Recent Projects
5. Public Comments
Distribution: Director of Economic & Development Services/Deputy CEO
Senior Deputy City Attorney
Public Services Director
City Engineer
Transportation Services Manager
Fire Protection Analyst
Staff (6)
File (2)
i
ATTACHMENT 1
ORDINANCE NO. 14 -
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA,
CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -13-04
AMENDING TITLE 13, CHAPTERS I, IV, AND V RELATED TO
DEFINITIONS, LAND USE MATRIX AND NEW ARTICLE 13-42
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: FINDINGS.
City of Costa Mesa recognizes that homeownership is an important aspect of community
building. The City of Costa Mesa is promoting homeownership by providing the opportunity for
development of a variety of housing types at various price ranges. The small lot ordinance will
allow development of detached or townhome style residential units on individual parcels
instead of condominium ownership.
SECTION 2: Title 13 of the Costa Mesa Municipal Code is hereby amended as follows--
A.
ollows:
A. Section 13-6 "Definitions" of Article 2 "Definitions" of Chapter I "General" is hereby
amended to insert the following definition:
Small Lot Subdivision. A residential development containing a maximum of 15
detached or townhome style units with no common walls where each unit is
independently constructed on an individual parcel and the land is subdivided into fee
simple parcels containing each unit. Each individual lot is provided with either a direct
access to public street/ alley or an easement access through a recorded subdivision
map.
B. Chapter IV; Table 13-30, Citywide Land Use Matrix is hereby amended as follows:
Add Small Lot Subdivisions as Land Use No. 2.2 to Table 13-30 as permitted use in multi-
family residential zones.
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O N E S
LAND USES
R1
i R2 R2
R3
A
CL
C
C
C
T
M
M
P
P
P
P P
P
I
I
P
M HD
P
1
2
1
C1
G
P
D
D
D
D D
D
&
&R
D
S'
R
R
R
R C'
1'
R'
S'
L
M
H
N
D1
D1
D1
C
M1
RESIDENTIAL USES
1. Single-family dwellings
P'
P
P
P
P
P
P
P
P
P
(single housekeeping
units)
2. Multi -family dwellings
P
P
P
P
P
P
P
P
P
P
2,1 Common interest
0
P
P
P
P
P
P
P
P
P
P
developments, residential
2.2 Small lot subdivisions,
._
P
P
P
residential
3. Mobile home parks
C
C
C
C
C
C
C
c
c
i
C. Article 2.5. "Residential Small Lot Subdivision" of Chapter V "Development Standards"
is hereby created to read as follows:
ARTICLE 2.5 RESIDENTIAL SMALL LOT SUBDIVISIONS
SECTION 13-42.1 PURPOSE
The purpose of this article is to regulate development and subdivision of small lots within
residential zoning districts and overlay districts where residential and live/work projects are
permitted. The ownership and occupancy of these developments shall be subject to applicable
laws for the general health, safety and welfare of the public. This type of subdivision is
intended to provide flexible development standards and to promote a wider range of
homeownership of individual lots in multiple -family residential and overlay zoning districts.
SECTION 13-42.2 PLANNING APPLICATION REQUIRED
a) Small lot subdivisions are permitted in appropriate residential or urban plan overlay
districts, subject to approval of the following planning application as may be
applicable. This requirement is in addition to other permits or certificated required by
law.
1) All new small lot development projects shall be processed according to the design
review procedures contained in Section 13-29.
2) All small lot development projects require approval of a tentative tract or parcel
map as required by law. A tentative tract map or parcel map shall not be required
until a design review has been approved; however, the map may be processed
concurrently.
b) No person shall construct, sell, lease, convey, maintain or use a lot in a small lot
subdivision project within the City without first complying with the provisions of this
article.
SECTION 13-42.3 DEVELOPMENT STANDARDS AND REQUIREMENTS:
a) Applicability. The provisions of this section shall apply to all new residential small lot
subdivisions of 15 lots or less in multi -family zones and overlay zones where
residential and live/work development are permitted.
b) Development standards. Table 13-42 identifies the development standards for small
lot subdivision developments. See also ARTICLE 9 GENERAL SITE IMPROVEMENT
STANDARDS of this chapter for additional requirements. Projects shall comply with all
applicable standard plans and specifications and adopted City and State codes, as
well as the following provisions:
1_ The location and orientation of all buildings shall be designed and arranged to
preserve natural features by minimizing the disturbance to the natural
environment. Natural features such as trees, groves, waterways, scenic points,
historic spots or landmarks, bluffs or slopes shall be delineated on the site plan
and considered when planning the location and orientation of buildings, open
►a
spaces, underground services, walks, paved areas, playgrounds, parking areas
and finished grade elevations.
Z The site design must consider both the design elements to each unit and how
these designs will enhance the overall neighborhood character and vitality of the
street and sidewalk. Building setbacks and site planning must relate to
surrounding built form, respecting the overall neighborhood character and
exiting topography. Additionally, each unit must exhibit a high level of design
quality with well articulated entries and facades, proportionate windows, quality
building materials and contextual landscaping.
3. All structures proposed to be constructed within a project shall conform to the
following requirements:
a. Each unit shall be provided with direct pedestrian and vehicular access
to a public street, or an alley or a common drive connecting to a public
street/ alley.
b. Structures having dwelling units attached side by side shall be composed
of no more than 4 dwelling units.
C. Structures having dwelling units attached side by side shall include a
break in the facade by having an offset in the front building line.
d. Structure shall be constructed to minimize impact of the proposed
development on the light, air and privacy of adjacent properties.
4. On-site lighting shall be provided in all parking areas, vehicular access ways,
and along major walkways. The lighting shall be directed onto driveways and
walkways within the project and away from dwelling units and adjacent
properties, and shall be of a type approved by the Development Services
Department.
5. The development shall comply with the provisions of CHAPTER Xl.
SUBDIVISIONS, which may include, but are not limited to, land dedication and
improvements, such as drainage improvements and payment of fees.
6. Outside uncovered and unenclosed storage of boats, trailers, recreational
vehicles and other similar vehicles shall be prohibited unless specifically
designated areas for the exclusive storage of such vehicles are set aside on the
final master plan and provided for in the covenants, conditions, and restrictions.
Where such areas are provided, they shall be enclosed and screened from view
on a horizontal plane from adjacent areas by a combination of 6 -foot high
opaque fences and permanently maintained landscaping.
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses)
Maximum Number of
2 stories/ 27 feet, except as allowed in the Westside Overlay Districts.
Stories & Building
Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory
i Ieightwindows
will not be regarded as a story. See also Attic discussion below.
Attics
Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In
zoning districts where the maximum number of stories is two stories, attics above second stories
shall be an integral part ofthe second story roofline and not appear as a 3"r story on any building
elevation. Windows in any attic space above the second story shall be incidental and limited to
a dormer style.
Maximum Density
Same as underlying zoning district or as specified in an applicable specific plan..
(based on gross acreage)
Minimum Open Space
30% of total lot area. No asphalt shall be permitted for paved areas. Parking and driveways shall
consist of decorative concrete, pavers or other materials as deemed appropriate by the
Development Services Director.
Minimum Open Space
250 square feet with no dimension less than 12 feet.
(individual unit)
Development Lot
Separately owned private property interests or any portion thereof, necessary or desirable for
common use, are subject to recordation of an easement for reciprocal access and maintenance.
All areas of a development with 5 or more parcels, subject to a reciprocal access and/or
maintenance easement shall be maintained by an association that may be incorporated or
unincorporated. The association may be referred to as a maintenance association.
Parking
Three bedroom or more units (including a den or home office) —two garage spaces and two
open parking spaces
• Two bedrooms or less units (including a den) — one garage space and two open parking
'
Tandem garage and parking (two spaces max.) are permitted for each individual unit with a
maximum of 50% of the overall units with tandem parking.
• No tandem parking is permitted for open or guest parking spaces.
• For developments with 5 or more units (up to 10 units) where open/guest parking spaces are
provided in driveways in front of garages for exclusive use of that unit, one additional on-
site guest parking shall be provided. Two additional open guest -parking shall be provided
for developments with more than 10 units.
Distance between
No minimum distance required subject to compliance with Building and Fire Code standards,
buildings
Driveway wid(h
10 -foot minimum, except 16 -foot minimum driveway is required if the driveway serves tenants
and/or guest parking for more than one dwelling unit.
Driveway length
Straight -in driveways to garages shall have a minimum length of 19 -feet from the ultimate
right-of-way of any street or drive aisle use to access the lot, if parking is provided. No
driveways shall be more than 5 feet in length if parking is not provided in front of garage.
Mechanical equipment,
Roof -top location is prohibited unless completely screened from public rights-of-way and
excluding antennas and
adjacent properties.
flush -mounted solar
panels on roofs
Front
20 feet
Development Lot:
Side and rear (interior)
10 feet for two -stories and three-story development
Side (street side, if
10 feet
applicable)
Note: Driveways providing straight -in access from a public street to a garage shall be at least
Development Lot:
19 feet long, as measured from the property line.
11
TABLE 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (loeated on individual dwelling unit lots and excluding townhouses)
Rear Abutting a Publicly
5 feet; however, garages may be required to set back further to ensure adequate back up
Dedicated Alley
distance. Rear Yard Coverage does not apply.
Bluff Top Setback
No building or structure closer than 10 feet from bluff crest (see Section 13-34 BLUFF -TOP
DEVELOPMENT).
Roof or Eaves Overhang;
2 feet 6 inches into required side setback or building separation area.
Awning
5 feet into required front or rear setback.
Open, unenclosed
Not permitted
stairways.
Chimneys
May extend 2 feet above maximum building height.
Automatic roll -up garage
Yes
doors
Location of Open
Guest parking shall be located within a reasonable distance of the unit it serves. Detached
Parking
garages that are not located within a reasonable distance to the units they are intended to serve
are prohibited.
Trash Storage
All units shall be provided with a small alcove inside or outside the unit to allow storage of at
least two trash carts without encroaching into the garage space.
All efforts shall be made to provide on-site trash service. Trash carts shall be stored on-site for
trash pick up to the greatest extent possible.
Above -Ground Pools and
Prohibited in front yards and subject to 5 -foot side and rear setback from the main structures.
Spas
LANDSCAPING
A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING STANDARDS shall be approved by the
Planning Division prior to issuance of any building permits.
SIGNS (See Chapter VIII).
FENCES AND WALLS
Fences and walls placed between the properly line and required setback line for main buildings shall conform to the
City's walls, fences, and landscaping standards,
See ARTICLE9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information.
(c) Documents required.
(1) Project approval is subject to submission of complete organizational documents
setting forth a plan or manner of permanent care and maintenance of any open
spaces, recreational areas and commonly used areas/facilities. No such
documents shall be acceptable until approved by the City Attorney as to legal
form and effect, and by the Planning Division as to suitability for the proposed
use of the open areas.
(2) Prior to entering into a sales agreement for any property within a small lot
subdivision, the developer shall disclose general information regarding the
property to the future homebuyers, including but not limited to the following:
a. The type, thickness, and R -value of the insulation that has been
installed in the home
b. Any exposed hazards during and after construction (Lead-based paint,
asbestos, etc.)
C. Uses other than residential in proximity to the project
13
d. Unusual adjacent zoning
e. Distance to airport if within two miles
f. Where soils, filled ground and geologic information is available
g. Any special costs that will be incurred by the lot buyer as a result of the
installation of a building foundation or any other construction due to
unusual soil/geological conditions
h. If there is fill in excess of 2 feet
i. Schools servicing subdivision and any special conditions.
j. Any unusual flooding conditions
k. Conditions of approval by the City and any resale restrictions
I. Dedications and easements
M. Project phasing plan
n. CC&Rs
(3) All small lot subdivisions shall file a declaration of covenants to be submitted
with the application for approval. The declaration of covenants shall include, but
not be limited to, the following provisions.
a. The homeowners' association or a maintenance association (as
applicable) shall be established prior to the sale of any unit(s).
b. Membership in the homeowners or maintenance association shall be
mandatory for each owner and any successive owner.
C. Provisions to restrict parking upon other than approved and developed
parking spaces and to require that garages be kept available for tenant
parking shall be written into the covenants, conditions and restrictions for
each project.
d. If the development is constructed in increments or phases which require
one or more final maps, reciprocal covenants, conditions, and restrictions
and reciprocal management and maintenance agreements shall be
established which will cause a merging of increments as they are
completed, and embody one homeowners' association with common
areas for the total development.
e. The declaration of covenants shall contain language or provisions
substantially as follows:
"The covenants, conditions and restrictions of this declaration
shall run to the City of Costa Mesa insofar as they shall apply to
the maintenance of the "common areas" as herein defined."
"In the event the association or other legally responsible person(s)
fail to maintain the common area in such manner as to cause
same to constitute a public nuisance, the City may, upon proper
notice and hearing, institute summary abatement procedures and
impose a lien for the costs of such abatement upon the common
area, individual units or the whole thereof as provided by law."
1i
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: 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 5: 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 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.
ATTEST:
PASSED AND ADOPTED this day of
2014.
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Clerk of the City of Costa Mesa City Attorney
IS
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, ------------, City Clerk and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that the above foregoing Ordinance No. 14- as introduced
and considered section by section at a regular meeting of said City Council held on the
day of 2014, and thereafter passed and adopted as a whole at the regular
meeting of said City Council held on the day of 2014, by the following roll
call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City
of Costa Mesa this day of , 2014.
City Clerk
City Council of the City of Costa Mesa
116
ATTACHMENT 2
Survey of Other Jurisdictions
In addition to city of Los Angeles, a number of northern and central California jurisdictions
(see below) have adopted a small lot subdivision ordinance.
Local Jurisdiction
Los Angeles, CA
Marysville, CA
Merced, CA
...........
Modesto, CA
Napa, CA
Oakland, CA
Santa Rosa, CA
Summary of Small Lot Subdivision Program
• Allowed in multi -family and commercially zoned properties.
• Minimum lot area, 600 sq. ft. and minimum lot width, 12 feet
80 percent lot coverage
Design Guidelines address site planning, building design, and
materials.
• No discretionary review required
• Allows minimum lot size of 3,000 sq. ft. in designated areas.
• Allowed in Planned Development zones.
• Minimum lot area 1,950 sq. ft. and 3,000 sq. ft.
• Two sets of design guidelines based on lot width and area.
• Sixty percent lot coverage
• Allowed in specific plan areas and planned development zones
• Design guidelines for lot areas of 5,000, 3,000 and less than 3,000 sq.
ft.
• Requires discretionary review
• Permitted in single family residential zones that allow single family and
duplex
No minimum lot area and width requirement
Subject to approval of a conditional use permit
• Minimum lot area of 4,000 sq. ft. and minimum lot width of 25 feet
• Subject to approval of a conditional use permit
• Allowed in single-family and multi -family zones.
• Minimum lot area of 2,000 sq. ft. and density of 18 du/acre
• Subject to approval of a conditional use permit
1�
ATTACHMENT 3
DRAFT STANDARD CONDITIONS OF APPROVAL
1. The expiration of Planning Application PA -XX shall coincide with the expiration of the
approval of the Tentative Tract Map No. XX which is valid for two years. An extension
request is needed to extend the expiration for each additional year after the initial 2 -year
period.
2. The conditions of approval for PA -12 -XX shall be blueprinted on the face of the site plan
as part of the plan check submittal package.
3. Address assignment shall be requested from the Planning Division prior to submittal of
working drawings for plan check. The approved address of individual units, buildings,
etc, shall be blueprinted on the site plan and on all floor plans in the working drawings.
4. No modification(s) of the approved building elevations including, but not limited to,
change of architectural type, changes that increase the building height, removal of
building articulation, or a change of the finish material(s), shall be made during
construction without prior Planning Division written approval. Failure to obtain prior
Planning Division approval of the modification could result in the requirement of the
applicant to (re)process the modification through a discretionary review process or a
variance, or be required to modify the construction to reflect the approved plans.
5. Two (2) sets of detailed landscape and irrigation plans, consistent with the preliminary
plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-
101 through 13-108, shall be required as part of the project plan check review and
approval process. Plans shall be forwarded to the Planning Division for final approval prior
to issuance of building permits.
6. Landscaping and irrigation shall be installed in accordance with the approved plans
prior to final inspection or occupancy clearance.
7. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall
be attached to two of the final building plan sets.
8. Street trees in the landscape parkway shall be selected from Appendix D of the
Streetscape and Median Development Standards and appropriately sized and spaced
(e.g. 15 -gallon size planted at 30' on centers), or as determined by the Development
Services Director once the determination of parkway size is made. The final landscape
concept plan shall indicate the design and material of these areas, and the
landscape/hardscape plan shall be approved by the Planning Division prior to issuance
of building permits.
9. Transformers, backflow preventers, and any other approved above -ground utility
improvement shall be located outside of the required street setback area and shall be
screened from view, under direction of Planning staff. Any deviation from this
requirement shall be subject to review and approval of the Development Services
Director.
10. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are
permitted. This condition relates to visually prominent features of scuppers or
downspouts that not only detract from the architecture but may be spilling water from
overhead without an integrated gutter system which would typically channel the
rainwater from the scupper/downspout to the ground. An integrated downspout/gutter
system which is painted to match the building would comply with the condition. This
condition shall be completed under the direction of the Planning Division.
11. Prior to issuance of certificate of occupancy, the applicant shall construct a minimum 6 -
foot tall decorative block wall around the perimeter of the project site, unless otherwise
approved by the Developer Services Director. Where walls on adjacent properties
already exist, the applicant shall work with the adjacent property owner(s) to prevent
gol
side-by-side walls with gaps in between them and/or provide adequate privacy
screening by trees and landscaping.
12. The subject property's ultimate finished grade level may not be filled/raised in excess of
30 inches above the finished grade of any abutting property. If additional fill dirt is
needed to provide acceptable on-site storm water flow to a public street, an alternative
means of accommodating that drainage shall be approved by the City's Building Official
prior to issuance of any grading or building permits. Such alternatives may include
subsurface tie-in to public storm water facilities, subsurface drainage collection systems
and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical
pump method is determined appropriate, said mechanical pump(s) shall continuously
be maintained in working order. In any case, development of subject property shall
preserve or improve the existing pattern of drainage on abutting properties. Applicant is
advised that recordation of a drainage easement across the private street may be
required to fulfill this requirement.
13. To avoid an alley -like appearance, the private street shall not be developed with a
center concrete swale. The private street shall be complemented by stamped concrete
or pervious pavers. The final landscape concept plan shall indicate the landscape
palette and the design/material of paved areas, and the landscape/hardscape plan shall
be approved by the Planning Division prior to issuance of building permits.
14. Prior to issuance of building permits, the developer shall provide the Conditions,
Covenants, and Restrictions (CC&Rs), or maintenance agreement to the Development
Services Director and City Attorney's office for review. The CC&Rs or maintenance
agreement must be in a form and substance acceptable to, and shall be approved by
the Development Services Director and City Attorney's office. The CC&Rs or
maintenance agreement shall contain provisions that effectively implement the following
requirements: (1) require effective management of parking. If onsite parking is not
appropriately managed, the Development Services Director shall require
implementation of corrective measure(s) to address onsite parking problems in the
future; (2) require that the maintenance association, unless no maintenance association
is required, contract with a towing service to enforce the parking regulations; (3) Allow
third party intervention by the City of Costa Mesa; (4) Any subsequent revisions to the
CC&Rs or maintenance agreement related to these provisions must be reviewed and
approved by the City Attorney's office and the Development Services Director before
they become effective.
15. Applicant shall provide proof of establishment of a maintenance association prior to
release of any utilities, unless exempted from association requirement.
16. The project entrance is not designed for vehicular gates. A buyer notification shall be
provided to future buyers that the community will not be able to accommodate gates
without physical changes to the proposed ingress and egress configuration.
17. If the project is constructed in phases, the perimeter wall, landscaping along the
frontages and irrigation shall be installed prior to the release of utilities for the first
phase.
18. The applicant shall submit a Buyer's Disclosure Form to the Development Services for
review/approval prior to issuance of building permits. The disclosure notice shall
indicate that the most significant implication of no HOA for the City is the lack of an
enforcement body for conditions which the City has an interest in maintaining and/or
which City required as a condition of approval. For example, cross lot parking, access,
or drainage easements or maintenance requirements may not be enforced over time by
private individuals. The buyer's notice shall specify that the CC&R's includes a
statement that the City is a third party beneficiary of the CC&R's and that the City may,
11
but is not required, to enforce such provisions. Both the buyer's notice and the CC&Rs
shall be approved by the City Attorney's office prior to issuance of the first certificate of
occupancy.
19. All units shall be provided with a small alcove inside or outside the unit to allow storage of
at least two trash carts without encroaching into the garage space.
20. The applicant and future homeowners shall contract with a private waste disposal
company that will provide full on-site trash and recyclable collection. There shall be no
storage of trash bins or cans on public streets with the exception of temporary use of
the right-of-way for rolling containers or loading to larger trash trucks.
21. The applicant shall disclose the following information to the future homebuyers prior to
execution of a sale agreement:
• The type, thickness, and R -value of the insulation that has been installed in the
home
• Any potential hazards or lead-based paint
• Uses other than residential and any unusual zoning in proximity to the project
• Distance to airport if within two miles
• Any special costs that will be incurred by the lot buyer as a result of the
installation of a building foundation or any other construction due to unusual
soil/geological conditions
• If there is fill in excess of 2 feet
• Schools servicing subdivision and any special conditions
• Any unusual flooding conditions
• Conditions of approval by the City and any resale restrictions
• Dedications and easements
• Project phasing plan
• Recorded CC&Rs
22. The applicant shall contact the Planning Division to arrange a Planning inspection of the
site prior to the release of occupancy/utilities. This inspection is to confirm that the
conditions of approval and code requirements have been satisfied.
23. Prior to issuance of grading permits, developer shall identify to the Development
Services Director a construction relations officer to act as a community liaison
concerning on-site activity, including resolution of issues related to dust generation from
grading/paving activities.
24. Open parking spaces be designated as unreserved, available, open guest parking for all
visitors to the site. Signage will be posted to indicate that these spaces are available to
all visitors. The CC&Rs shall contain restrictions prohibiting parking in the driveway and in
front of garage doors.
25. Residents shall park vehicles in garage spaces. Storage of other items may occur only
to the extent that vehicles may still be parked within the require garage spaces.
26. The applicant and each successor in interest to the property which is the subject of this
project approval, shall defend, indemnify and hold harmless the City of Costa Mesa and
its agents, officers and employees from any claim, action or proceeding against the City
or its agents, officers or employees (i) to attack, set aside, void or annul any approval,
permit or land use entitlement of the City, City Council, or City Planning Commission
concerning the herein use, application or project, or (ii) regarding the applicability of
federal and state laws governing common -interest developments to the applicant or the
subject property.
27. * A "Notice to Buyers" shall disclose that the project is located within an area designated
as Light Industry in the City of Costa Mesa General Plan and is subject to existing and
2a
potential annoyances or inconveniences associated with industrial land uses. The
Notice shall disclose the existing surrounding industrial land uses, including but not
limited to, operational characteristics such as hours of operation, delivery schedules,
outdoor activities, and noise and odor generation. In addition, the Notice shall state that
the existing land use characteristics are subject to change in the event that new
businesses move or existing businesses change ownership. The Buyer's Notice shall
be reviewed/approved by the City Attorney's office and Development Services Director
prior to recordation. The Buyer's Notice shall serve as written notice of the then existing
noise environment and any odor generating uses within the mixed-use development
and within a 500 -foot radius of the mixed use development, as measured from the legal
property lines of the development lot. The Buyer's Notice shall be remitted to any
prospective purchaser or tenant at least 15 days prior to close of escrow, or within three
days of the execution of a real estate sales contract or rental/lease agreement,
whichever is longer. The Buyer's Notice shall also indicate that business operations in
the live/work units shall be consistent with the land use matrix of the Mesa West Bluffs
Urban Plan subject to zoning authorization and obtaining a business license.
28. * Prior to the issuance of Building Permits, the Applicant shall submit a Lighting Plan and
Photometric Study for the approval of the City's Development Services Department.
The Lighting Plan shall demonstrate compliance with the following:
• The mounting height of lights on light standards shall not exceed 18 feet in any
location on the Project site unless approved by the Development Services
Director.
• The intensity and location of lights on buildings shall be subject to the
Development Services Director's approval.
• All site lighting fixtures shall be provided with a flat glass lens. Photometric
calculations shall indicate the effect of the flat glass lens fixture efficiency.
• Lighting design and layout shall limit spill light to no more than 0.5 footcandle at
the property line of the surrounding neighbors, consistent with the level of lighting
that is deemed necessary for safety and security purposes on site.
• Glare shields may be required for select light standards.
" Applicable to projects in urban plan areas.
21
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- - • -- 135 Monte Vista Ave.
-0.
reject Site Area: 0.21 Acre
ELDEiN AVL,
No. of Units: 4
- Developer: Harbinger
P,PCEL .1
PAR1`E,. a
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137, MONTE FIST/ AV&
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- s. _ Status: Under Construction
203 FITEN AVE
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1596 Santa Ana Ave.
Project Site Area: 0.194 Acre
No. of Units: 2
Developer: RSI
Status: Construction
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Right Elevation
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.2590 Orange Ave.
,Project Site Area: 0.20 Acre
.No. of Units: 2
'Developer: Jim Marino,
Marino Investments
.Status:
December 5, 2013
Chairman Jim Fitzpatrick
Planning Commission
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA
Re: Support for Agenda Item #9 Amendment to Title 13 Related to Small Lot
Ordinance
Dear Chairman Fitzpatrick,
On behalf of our membership, I write to urge your recommendation to City
Council to approve the proposed small lot development ordinance. Small lot
development represents an important new land use tools to help meet market
demand in established communities, support regional housing policy, and
stimulate the local economy. For many individuals and families, small lot
communities represent a cost attainable home -ownership opportunity.
The Building Industry Association of Southern California, Orange County Chapter
(BIA/OC) is a non-profit trade association of over 1,000 companies employing over
100,000 people affiliated with the home building industry. The Orange County
Chapter represents the largest member base within BIA Southern California. Our
mission is to champion housing as the foundation of vibrant and sustainable
communities.
Meeting Population Growth and Housing Need
The Southern California Association of Governments (SCAG) projects Orange
County's population growth to be 417,000 new residents over the next 20 to 25
years.' Presently, there is a housing shortage in Orange County. Conversely, home
prices have appreciated 21% in one year. The combination of population growth
and limited supply will continue to complicate the challenge of housing
accessibility and affordability for the City and the region. For this reason, regional
housing policy under Senate Bill 375 supports the practice of infill development.
Small lot development represents one of many housing strategies that the City may
use to alleviate demand for housing, revitalize areas, and fulfill a fair share of
regional housing goals.
SOnthem California Association of Governments. Regional Forecast Appendix.
<http_1/rlpscs.sc;ie..c; ggN,./Documents/2012/1inal/S.R/20121RT11 GroNvIlil orccasl,pol>
ATTACHMENT 5
Orange County
Chapter
kw4din^ In,l ualir.A�Sn. „lino
17744 Sky Park Circle
Suite 170
Irvine, California 92614
949.553.9500
fax 949.769.8943
www.biaoc.com
PRESIDENT
DAVE BULLOCH
STANDARD PACIFIC HOMES
VICE PRESIDENT
DONNA KELLY
LENNAR
TREASURER
JOAN MAHCUS-COLVIN
'THE NEW HOME COMPANY
SECRETARY
BRIAN GEIS
BROOKFIELD HOMES
IMMEDIATE PAST PRESIDENT
MICHAEL McCANN
ALLIANCE RESIDENTIAL
TRADE CONTRACTOR COUNCIL V.P.
TOM RHODES
1 WR ENTERPRISES
ASSOCIATE VICE PRESIDE91
MARK HIMMELSTEIN
NEWMEYER & BILLION, I LP
MEMBER -AT -LARGE
MIKE W INTER
SARES. REGIS GROUP
MEMBER -AT -LARGE
JIM YATES
RANCHO MISSION VIEJO
C1IIEF EXECUTIVE OFFICER
MICHAEL BALSAMO
Economic Benefits of Housing
In an annual study of 100 metropolitan markets, the National Association of Home Builders
found that three jobs and over $90,000 in government revenue are initially generated by every
home built. Developer fees are often earmarked specifically for maintaining quality of life
through the improvements of schools, parks, roads, police and fire services.
On average, over three-fifths of a household's income is spent in the local economy. In a
hypothetical situation where 50 homes are built in Costa Mesa, approximately $2.0 million will
be spent on local businesses and over $157,000 will be generated in sales tax annually. By
providing tools to redevelop underutilized and under -performing properties, the City's Small
Lot Ordinance would help foster economic development and infrastructure improvement that
contributes directly to the quality of life of Costa Mesa residents.
For these reasons, we support urge your recommendation to City Council to approve the
Small Lot Ordinance. We commend the City for the extensive outreach and research on how
small lot development can benefit the community of Costa Mesa. We believe the proposed
ordinance will streamline planning and building processes, and establish guidelines for homes
to integrate with the community fabric. As always, we remain a resource to the City on
important issues that are related to the well-being of our local communities.
Thank you for your time and thoughtful consideration.
Sincerel
Victor ao
Government Affairs Manager
Cc: Mr. Gary Armstrong, Deputy CEO
Ms. Claire Flynn, Asst, Dev. Services Director
21
Page 1 of 1
ASHABI, MINOO
From: Sheila Pfafflin
Sent: Wednesday, September 11, 2013 10:49 AM
To: ASHABI, MINOO
Subject: Opposition to proposed zoning ordinance for small lot single family developments
Dear Ms. Ashabi;
I am strongly opposed to the proposed zoning ordinance. The obvious solution to repeated
variance requests is not to grant them, except in a special (and unusual) set of circumstances.
This ordinance seems to wipe out numerous protections provided by our current zoning, which
should not be wiped out, but respected. If a developer cannot conform to current requirements,
the development should not be built.
Sheila Pfafflin
12/09/2013
nNo
PH -17
January 27, 2014
Chairman Fitzpatrick and Members of the Planning Commission:
It has come to my attention that the proposed Small Lot Ordinance has evolved from an earlier version
and raises some concerns in the development community. As I and others presented to Planning Staff
very early in the conceptual discussion process for development of a small lot ordinance, it would be
important to retain some flexibility in the regulations instead of establishing rigid standards. Every
situation cannot be addressed with a standard, but can be addressed properly thru discretionary review
process. It is important to have some flexibility in the application of standards and review so as to avoid
the need for Variances. Otherwise you may end up in the same situation that currently exists, where
property owners may be requesting variances in order for a project to be viable.
The ordinance should have a form of Alternative Development Standard criteria or provision that could
be proposed and evaluated with mandatory findings required. Orange County Planned Community
regulations typically allow alternative development standards with findings of superior project design
required. Under this type of adopted criteria, if an applicant can show benefit of an alternate design or
development standard (i.e. setback), then the staff and decision makers have the ability to make that
determination without the requirement of a variance request and variance findings.
In addition, rigid standards often limit the creativity of a project design and typically cannot be applied in
all instances. Parcel sizes and shapes vary greatly from site to site and typically cannot be addressed with
a single rigid standard. As an example, these latest revisions to the new small lot ordinance standards
requiring increased side yard setbacks of 10' would have precluded our developed and sold projects in
the city, and would have precluded the development with the detached product recently entitled on
Victoria. In addition, a rigid front setback of 20 feet is a change in that there has typically been an
allowance for administrative adjustment with consideration of lot sizes, shapes, adjacent development,
surrounding development and streets for consideration of a modification.
Part of the reason that the LA City Small Lot Ordinance has been so successful is that it requires minimum
setbacks from adjacent parcels that are not created by the proposed subdivision. Its minimum setback is
5'- which may not be appropriate for all instances in Costa Mesa, but the ordinance allows for such a
small setback on all perimeters and it allows Staff and decision makers to evaluate the development
compatibility through the design review and public hearing process. The proposed rigid setback criteria
for side and front setbacks are not changing much in terms of development standards and flexibility from
current code requirements.
Respectfully submitted,
66p�
Chad Brown
Development Manager, Melia Homes
EM
Page 1 of 3
n—
ASHABI, MINOO s/
From: Evan Little [elittle@surterreproperties.com]
Sent: Monday, January 27, 2014 3:10 PM
To: ASHABI, MINOO
Cc: Jeff Bowers
Subject: RE: Small Lot Procedural Change Staff Report Available
Hi Minoo,
From what this developer, who's currently doing a small lot ordinance project in LA, is saying, it sounds
like a critical component for this ordinance to work.
If you think the email is appropriate to forward on to the planning commission, please do.
Thanks,
Evan Little
el ittle@surte rrepro perties.corn
www.PermacultureProperties.com
CA Real Estate Lic #01450867
im surterre_i ,W!, NAR GREEN RMC
From: ASHABI, MINOO [MINOO.ASHABI@costamesaca.gov]
Sent: Monday, January 27, 2014 3:02 PM
To: Evan Little
Subject: RE: Small Lot Procedural Change Staff Report Available
Dear Evan,
Did you want this information to be forwarded to the Planning Commission? The
ordinance is not addressing the permit process; or any waiver with respect to final map
approval.
Minoo Ashabi, AIA
Principal Planner
City of Costa Mesa
714/7S4-5610
minoo.ashabi(a)costamesaca.gov
From: Evan Little [mailto:elittle@surterreproperties.com]
Sent: Monday, January 27, 2014 2:48 PM
To: ASHABI, MINOO
Cc: Jeff Bowers
Subject: FW: Small Lot Procedural Change Staff Report Available
Hi Minoo,
01/27/2014 30
Page 2 of 3
I'm forwarding an email from a developer who's doing a small lot project in LA right now. I hope the information
below is helpful and please feel free to contact Jeff Bowers, who's CC'd.
Thanks,
Evan Little
elittle@surterreproperties.com
www.PermacultureProperties.com
CA Real Estate Lic #01450867
. surterre_i V NAR GREEN
. ;N4, PMC
From: Jeff Bowers [Jeff@bowers-properties.com]
Sent: Monday, January 27, 2014 11:16 AM
To: Evan Little; 'Evan Little'
Subject. FW: Small Lot Procedural Change Staff Report Available
Evan,
See the link below to the proposed amendment change in LA that only requires the developer to only obtain a
covenant to attain a building permit after tentative map has been approved but before final map approval, This
is on its way to getting passed. Currently, we have to apply for numerous variances (instead of the covenant) to
build prior to final map as the ultimate small lot project (once final map is approved) does not fall in line with
zoning code on the underlying zoning. I realize this is tough to understand and I haven't studied CM's small lot
proposal to understand if this will be an issue, With that said, for developers to be attracted to the ordinance,
CM will need to have some sort of procedure in place that will allow the developer to build after tentative map
approval and before final map approval, They may even already have this procedure, I'm not sure. Just forward
this to them and hopefully it can get to the right place.
From: Allison Gay
Sent: Thursday, December 05, 2013 1:02 PM
To: Allison Gay
Cc: Derek Leavitt; "Christian D. Navar"; Krystal Navar; Shaun Skoog
Subject: Fwd: Small Lot Procedural Change Staff Report Available
Hi everyone,
We wanted to forward this message about the Small Lot Subdivision Ordinance Amendment Hearing
from the staff member. We also want to remind you that the City Planning Commission Hearing is
scheduled for Thursday, December 19th. I would encourage everyone to read the staff report for
themselves, but it looks like our hard work is paying off with a favorable report. I've included a direct
link below:
http://cityplanning.lacity.org/Code Studies/Mise/SLO_CPC _%20FINALPACKAGEpdf
Please take a look at the staff report, and we look forward to seeing those of you that can attend the
hearing in two weeks.
Thanks,
01/27/2014
3�
DEPARTMENT OF CITY PLANNING
RECOMMENDATION REPORT
CITY PLANNING COMMISSION
DATE: December 19, 2013
TIME: after 8:30AM
PLACE: Van Nuys City Hall
14410 Sylvan Street
Council Chamber, 2nd Floor
Los Angeles, CA 91401
PUBLIC HEARING REQUIRED
CASE NO:
CEQA:
LOCATION:
COUNCIL DISTRICT:
PLAN AREAS:
`s
rmtnia-
CPC-2013-2450-CA
ENV -2013 -2451 -CE
Citywide
All
All
SUMMARY: The proposed ordinance (Appendix A) modifies Section 17.06 of the Los
Angeles Municipal Code (LAMC) to allow construction of small lot subdivisions to
commence prior to the recordation of the final map, with recordation of a covenant.
RECOMMENDED ACTIONS:
1. Adopt the staff report as its report on the subject.
2. Adopt the findings included in Attachment 1.
3. Adopt the Categorical Exemption as the CEQA clearance on the subject.
4. Approve the proposed ordinance (Appendix A) and recommend its adoption by the City Council,
MICHAEL J. LOGRANDE
Director of Planning
THOMAS ROTHMANN
Senior City Planner, Code Studies Unit
11,
ALAN BELL, AICP
Deputy Director
BORAH HEN, AICP
City Planner, Code Studies Unit
Telephone: (213) 978-1202
ADVICE TO PUBLIC: 'The exact time this report will be considered during the meeting is uncertain since there may be several
other items on the agenda. Written communication may be mailed to the Commission Secretariat, 200 North Main Street, Room 272,
Los Angeles, CA 90012 (Phone No. 213/978-1300). While all written communications are given to the Commission for consideration, the
initial packets are sent a week prior to the Commission's meeting date. If you challenge these agenda items in court, you may be limited
to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these
matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act,
the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to
ensure equal access to these programs, services, and activities. Sign language interpreters, assistive listening devices, or other auxiliary
aids and/or other services may be provided upon request. To ensure availability of services, please make your request no later than
three working days (72 hours) prior to the meeting by calling the Commission Secretariat at 213/978-1300.
'32—
CPC -2013 -2450 -CA
SUMMARY
In 2005, small lot subdivision regulations were adopted by the City Council (ordinance
176,354) in order to facilitate a greater diversity of home ownership options. The
ordinance allows row homes or a cluster of single-family homes on small lots to be
developed in multi -family zones as an alternative to apartment and condominium
buildings. Small lot development has been popular with both housing developers and
buyers.
The proposed ordinance (Appendix A) remedies a procedural inefficiency unforeseen at
the time of adoption. After a small lot subdivision project has received approval from the
Department of City Planning, it can take up to two years for the final subdivision map to
record. Unlike apartments and condominiums, building permits for small lot subdivisions
cannot be issued until the map records. Therefore, to begin construction applicants must
choose between waiting for the map to record (which is risky due to increased market
uncertainty and holding costs) or filing for deviations to allow construction on the lot that is
not yet technically subdivided. Both options are inefficient and unnecessary.
The proposed ordinance amends
allow building permits for small lot
the final map when a covenant
Certificate of Occupancy will not be
Initiation
Section 17.06 of the Los Angeles Municipal Code to
subdivisions to be obtained prior to the recordation of
and agreement is filed that acknowledges that the
issued until the final map is recorded.
STAFF REPORT
On February 12, 2013, the Planning Director initiated the proposed amendment to the
2005 Small Lot Subdivision Ordinance.
Background
Small Lots
The small lot subdivision regulations allow a series of single-family homes on small lots to
be built within the allowable density of the underlying multi -family zone. Small lot
subdivisions are usually built to a density less than what is allowed. The fee simple homes
have separate foundations, no shared walls, and are situated within individual lots. The
provisions, located in Section 12.22 C.27, are primarily a collection of exceptions from
single-family zone home construction. These exceptions include: reduced lot widths;
alternative paths of vehicular access; reduced front, side, and rear yards; and no
passageway requirement. Small lot subdivisions are permitted on multi -family lots (zones
R2 when adjacent to a commercial or industrial zoned lot, all RD, R3, R4, R5, RAS3, and
RAS4) as well as on lots zoned commercial and parking (C and P).
Small lot subdivisions are attractive to many home buyers. Those built as urban infill
projects often provide single-family homes in walking distance to retail and services, are
0J
CPC -2013 -2450 -CA
close to job centers and mass transit, have less yard maintenance needs, and offer new
construction at costs sometimes more affordable than comparable homes in the same
neighborhood. Small lots can also encourage community when units have common
driveways or direct access to the sidewalk. Despite the significant housing market
downturn that occurred shortly after inception of the ordinance, the completion of 39
projects totaling 361 units as of November 15, 2013 is substantial. Growth in applications
is expected to coincide with the current steady housing recovery.
While small lot subdivisions are permitted under the provisions of the Zoning Code and
consistent with the State Subdivision Map Act, applicants must still file a case for a
subdivision map with DCP. The required case, a vesting tentative tract map or preliminary
parcel map, calls for dividing the subject lot into multiple lots to coincide with the number
of proposed homes. Review of the plans includes notice to property owners within 500
feet of the project site and to the local Neighborhood Council. DCP also commences an
environmental review process.
Procedural Inefficiency
After DCP has approved a subdivision map for a small lot project, an applicant must still
wait for the map to be recorded by the Department of Public Works and the County Board
of Supervisors. During this time (often over a year), the developer cannot secure building
permits since the new lot lines do not technically exist. Until the map is recorded the
project is viewed as a collection of detached unit buildings on a multi -family zoned lot
rather than the approved small lot subdivision of single family homes on single family
lots. Until the map has recorded, these single-family homes must meet the provisions of
traditional single-family zoning rather than the specific provisions for small lot projects.
For example, an applicant has applied for a vesting tentative tract map. The project is in
full compliance with the small lot subdivision provisions: he or she intends to build a six -
unit small lot subdivision on an RD2 lot, and in lieu of the required 15' rear yard setback
for a single-family home, the project supplies a 5' rear yard setback (as permitted in the
small lot subdivision provisions).
After receiving vesting tentative tract map approval from DCP, the applicant must either
(1) request a deviation from the code through an adjustment for the reduced setback (or
variance for other deviations) or (2) wait a significant period of time for the final map to
record. In most cases, applicants pursue deviations from the zoning code. A situation has
now been created in which, due to the timing of when a map records, an applicant is
requesting deviations from what is permitted in the zoning code.
ra
CURRENT PROCESS
CPC -2013 -2450 -CA
Although deviations from the Zoning Code can allow the project to proceed, they are
problematic for developers, neighborhoods, and City staff. They are an extra cost that can
reflect in the project through either increased unit costs or a reduction in construction
detail or amenities. They are also confusing to the local neighbors: it is difficult to discern
which requests meet permitted small lot provisions and which requests are asking to
deviate from the small lot provisions. They also unnecessarily absorb staff resources and
undermine the initial goal of allowing this project type to be built by -right in the
aforementioned multi -family zones.
It usually takes a lengthy amount of time for a final map to record. Per Section 17.07 of
the LAMC, after receiving a vesting tentative tract or preliminary parcel map approval from
the City, applicants have 36 months to apply for a final map. Once an application is
submitted, it takes DPW and the County an average of six months to record the final tract
or parcel map (although in some instances it can take up to 22 months). Construction
itself is a lengthy process, and if development cannot commence until the final map is
complete, the date at which the new units can finally be occupied is extended out into the
future without any gain to the project or neighborhood. By exposing the project applicant
to unnecessary expense and delay, project financing can become jeopardized and the
project could be subject to unknown market changes.
Apartment and Condominiums
This procedural inefficiency during the development of multi -family property is unique to
small lot subdivisions. Prior to the adoption of the small lot subdivision regulations,
apartment and condominium buildings were nearly the only building form developed on
multi -family properties. No subdivision map is required for apartment buildings because
there is no division of air rights being sold to occupants. There is single ownership over
the entire lot. Building permits are issued for condominium buildings before or after the
final map is recorded. If construction begins prior to recordation, the units are considered
apartments and public improvements otherwise required for a condominium project are
CPC -2013 -2450 -CA
guaranteed to the satisfaction of the Bureau of Engineering through the filing of a B -
permit. Once the tentative tract map is recorded, the units may be sold for ownership.
Proposed Ordinance
The proposed ordinance (Appendix A) adds language to Section 17.06 of the LAMC
allowing DBS to issue building permits to applicants who have received a vesting tentative
tract or preliminary parcel map approval from DCP for a small lot subdivision. Thus,
applicants can begin project construction without having to request deviations from the
code or wait for the final map to record. To ensure that applicants follow through with map
recordation, applicants will sign a covenant and agreement with the City acknowledging
that a Certificate of Occupancy will not be issued until the final map has been recorded.
The proposed ordinance makes no changes to what is physically allowed to be built or
where it can be built, or to the noticing requirements for applications filed. Nor will the
ordinance change procedures for a multiple -unit complex on a single lot.
PROPOSED PROCESS
Several circumstances would render a project ineligible to receive building permits prior to
recordation of the final map. Projects with a condition of approval requiring a map revision
are not eligible because DCP will need to review plans again after the revision is made
prior to construction. This is a temporary condition, because the project is eligible to
participate once the map revision is completed. Projects including a street or alley merger
or vacation are not eligible because the developer cannot legally claim the public land
until the final map records. Lastly, projects with off-site common access cannot participate
because the final map must be recorded in order to effectuate continuous on-site and off-
site common access. The last two circumstances are not common; therefore very few
projects would be affected.
3�o
CPC -2013 -2450 -CA
The proposed ordinance establishes a balance between private and public interests by
allowing construction to commence prior to final recordation while also guaranteeing that
the subdivision process will be completed properly.
Public Outreach
DCP staff held a public hearing on September 17, 2013. Notice was sent to Neighborhood
Councils and relevant developer -interest groups. More than 20 individuals were in
attendance, representing architects, developers, and community stakeholders. Twelve of
those in attendance provided testimony. Additionally, 23 letters from individuals, the
development community, and community groups have been received.
The development community and individuals that submitted written comment unanimously
support the ordinance. In addition to the points made above, their comments also cited
the following benefits of adopting this ordinance:
• Spurs economic growth through development
• Fosters neighborhood revitalization
• Keeps young professionals (the core demographic of small lot buyers) living in the
City
• Encourages smarter growth using a single-family product
• Creates a more equitable development process, as it removes a burden that does
not apply to most multi -family projects
Neighborhood groups were split on the issue. The Eagle Rock, Mar Vista, and Greater
Wilshire Neighborhood Councils submitted letters of support due to reasons including
following: construction can start immediately, the community benefits when vacant
properties are developed sooner; the elimination of deviation requests to begin
construction of a project that otherwise complies with code are eliminated, and will
therefore make proposals more transparent; time and work demands will be reduced on
planners, allowing them to focus on other community projects.
The Harbor Gateway North Neighborhood Council submitted a letter in opposition of the
proposed ordinance. Their concerns rest with the initial small lot subdivision provisions.
They expressed that these projects host inadequate parking, minimal landscaping and
design, and are being built at an inappropriate scale.
Staff also received verbal feedback from community members on the phone and in
person. Despite multiple conversations with staff, some misinformation about the proposal
persists. One misperception is that the proposed ordinance would allow projects to be
built before the plans are final. This understandable confusion between plans and maps
led some community members to be concerned that DCP would be allowing projects to be
built before plans were approved. This is not the case. Projects must still complete public
case processing and receive plan approval before applying for building permits.
Another concern is that noticing would change. This ordinance does not change noticing
or public hearing requirements for any subdivision case. It does, however, remove a
common deviation request that is actually requesting entitlements intended to be by -right.
The confusion this causes can breed mistrust and misunderstandings.
CPC -2013 -2450 -CA
Lastly, independent of this proposed ordinance but related to small lot subdivisions,
community members expressed dissatisfaction with the rezoning of single-family lots in
order to employ small lot subdivisions. The proposed ordinance neither enhances nor
inhibits this practice.
Several changes to the proposed ordinance were made in response to public comment:
• Projects with map revisions, once revised, should be eligible to begin construction
prior to map recordation.
• "The Department of Building and Safety may issue permits based upon the
provisions the Advisory Agency approves in the tentative or preliminary map and
its conditions of approval" was changed to "The Department of Building and Safety
shall issue permits..."
• "The dedication, improvement, and sewer requirements identified in the tentative or
preliminary map approval or its conditions of approval must be provided at the time
of building permit issuance" was changed to "...must be -guaranteed to the
satisfaction of the Bureau of Engineering..."
The following change, suggested through public comment, was not incorporated:
• In addition to DBS, the Bureau of Engineering and Fire Department shall also be
required to issue permits. The Bureau of Engineering and the Fire Department
have specific technical expertise. The proposed ordinance is not intended to
override the review process of these departments.
Small Lot Design Guidelines
Related to the proposed ordinance is a separate effort to update the Small Lot Design
Guidelines (Guidelines.) The Guidelines have recently been updated to accommodate
feedback heard from the community. The Guidelines assist in addressing spatial
complexities unique to small lot settings. Considerations include placement of shared
amenities such as driveways and pathways, neighborhood context, and proximity of
adjacent structures. Incorporating the Guidelines into a project's design will encourage
more compatible architecture, attractive residential projects, context -sensitive design,
opportunities for pedestrian activity, and overall contribute to an enhanced sense of place.
Projects that are not in compliance with the Guidelines may be subject to delays and
community appeals.
Conclusion
This amendment stands to benefit developers, neighborhoods, as well as the City in
general. It will eliminate the superfluous step of applying for deviations from the zoning
code, which muddy project descriptions that neighborhoods rely on, cause undue burden
on developers, and consume staff resources that would be better spent on other planning
projects. Adoption of the ordinance strikes a balance between developer and City
interests while advancing the main goal of the initial small lot regulations: to increase the
diversity of housing stock in a by -right manner.
rpm
APPENDIX A
ORDINANCE NO.
A proposed ordinance amending Section 17.06 of the Los Angeles
Municipal Code to allow building permits for small lot subdivisions to be obtained
prior to the recordation of the final map when a covenant and agreement is filed.
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:
Section 1. Paragraph (f) of Subdivision 2 of Subsection A of Section 17.06 of the Los
Angeles Municipal Code is added to read:
(f) Small lot subdivision applicants who have received a vesting
tentative tract map approval or preliminary parcel map approval may
obtain a building permit prior to the recordation of the final map when a
recorded covenant and agreement is filed This covenant shall state that
the applicant and his or her successors and assignees agree that the
building permits are issued on the condition that a Certificate of
Occupancy (temporary or final) for the buildings shall not be issued until
after the final map has been recorded. The Department of Building and
Safety shall issue permits based upon the provisions the Advisory Agency
approves in the tentative or preliminary map and its conditions of approval
The dedication improvement and sewer requirements identified in the
tentative or preliminary map approval or its conditions of approval must be
guaranteed to the satisfaction of the Bureau of Engineering at the time of
building permit issuance. Projects with the following features are not
eligible to receive building permits prior to the recordation of a final map:
off-site common access or a street or alley vacation or merger.
Sec. 2. The City Clerk shall certify that...
ATTACHMENT
LAND USE FINDINGS
The Department of City Planning recommends that the City Planning Commission
find:
1. In accordance with Charter Section 556, that the proposed ordinance (Appendix A)
is in substantial conformance with the purposes, intent, and provisions of the
General Plan. Specifically, the proposed ordinance implements Economic
Development Objective 7.4 of the Framework Element, "Improve the provision of
governmental services, expedite the administrative processing of development
applications, and minimize public and private development application costs" and
Goal 7G, "A range of housing opportunities in the City." It also implements Housing
Objective 4.4 of the Framework Element, "Reduce regulatory and procedural
barriers to increase housing production and capacity in appropriate locations."
The proposed ordinance streamlines the process to develop small lot subdivisions
by removing procedural barriers without compromising the level of input available to
the neighboring community and review by the City. The proposed ordinance
supports production of a relatively new and popular form of housing.
2. In accordance with Charter Section 558 (b) (2), the proposed ordinance (Appendix
A) is in substantial conformance with public necessity, convenience, general
welfare and good zoning practice. Consistent with City policies to streamline
development and provide a range of housing opportunities in the city, the ordinance
removes a disruption in the approval process that is to the detriment of the local
community, the developer, and the City in general.
ENVIRONMENTAL FINDING
In accordance with the California Environmental Quality Act (CEQA), this ordinance
meets the criteria of a General Exemption pursuant to Article III, Sections 15301
and 15305, Classes 1 and 5 of the CEQA Guidelines. The proposed ordinance
(Appendix A) is determined to constitute "negligible or no expansion of the use
existing at the time the exemption is granted," and involves only administrative
changes to case processing that do not change the physical product.
0
_. __...___,_..,.._.....__....__
B. PRINCIPAL PERMTMD USES -I
- RESIDENTIAL PLANNING AREAS
t. Public and regulated y p
private utilities re fated b state law and exam t from local land use
review.
A. PURPOSE & INTENT
-
C. PRINCIPAL PERMTPfED USES SUBJECT TO AN AREA PLAN
The purpose of these provisions is to regulate the planning and development of the residential
Planning areas. These regulations provide for a variety of residential uses and also allow for
I. Conventional single-family detached dwellings.
community facilities and structures accessory to the main residential uses. It is the intent of these
regulations to be responsive to changing community needs and goals and to allow and encourage
2. Attached single-family dwellings.
innovative community design and neighborhood mix.
3. Public and private neighborhood or community non-commercial recreation centers
Four distinct product types are discussed in this document; conventional single family detached, single
and facilities including, but not limited to swimming pools, tennis courts, lakes,
` family attached, planned concept detached and multiple family dwellings. Each product type has
clubhouses, stables and trails. -
distinguishing features, such as the dwelhngs'relations}dps to each other (detached v. attached), the
number of dwellings per building site (single family attached v. multiple family) and the density of
4. Uses and structures customarily incidental or necessary to residential uses including,
development (conventional single £arnily detached y. planned concept detached). All product types
but not limited to garages, public and private parks, trails, greenbelts and common -
are fully defined under "dwelling units' in Section it. Development standards for each of the four
areas
Product types are outlined in Chapter H of this Section.
To be consistent with the Orange County General Plan, the ultimate control for residential
development is the maximum number of dwelling_ units. geamittedin-each residential category as
indicated a-th�lanned Community (P.C.) Development Map and -Statistical Table. fanning
,Areas shall be developed within the maximum dwelling units indicated in the Statistical Tab ;
revised. The P.C. Development Map and Statistical Table may be revised in accordance wnh Section
XUD-elopment standards for residential projects shall be as described in this Section except that
alternative site development standards maybe-restablished by approval of an Ayr;ptmt orte
.Si
De im� r Sections XI or 3Tyb1 _
37
5. Golf courses and ancillary uses such as water reservoirs, maintenance and storage
facilities.
D. PRINCIPAL PERMITTED USES SUBJECT TO AN AREA PLAN AND SITE
DEVELOPMENT PERMIT
1. Planned Concept Detached Dwellings.
2. Multiple family dwellings.
38
ire [Gr° reera Mt = �rs� w -^.e !res v+r-=ze :e_�e er^=a or a� �^a� v��.�, a�rna ares-saa u�'.1� ➢^".93 GLard3 04yF"��,;_
a PreliminaryLandscapePlans-including the following information:
(1) General location of all plant materials, by common and botanical
names.
(2) Size of plant materials; where applicable.
2. The above fisted materials shall be submitted in the form and number required by the
Director; EMA. The Site Plan shall be accepted for filing when the above described
materials have been submitted in the required form and number. The Director, EMA,
Zoning Administrator i tt for or the Planning Commission, as required, shall review and take
formal action on the proposal in a timely manner after acceptance.
D. PROCEDURES AND AMENDMENTS
t. A site development permit shall be processed per Section 7-9-150.3(d);
Administrative Action except as otherwise specified by this text. Changed plans may
also be submitted to the Director, EMA, for approved. If the Director determines that
the proposed changed plan is a minor amendment of no significant effect, and
complies with the spirit and intent ofthe original action, he may approve the changed
plan without further compliance with Section 7.9-150.
Der (OA tte:^s
A Wevelo ant pergfu may be approved which establishes alternative site
development standards for residential and non-residential projects and uses. The
Zoning Administrator shall be the approving authority for all site development permits
proposing to modify she development standards. The Zoning Administrator shat)
make the following findings as part ofits approval of the site development permit:
123
General Plan. The use or project proposed is consistent with the General
Plan.
Vb Zoning Code The use, activity or improvement(s) proposed by the
application is consistent with the provisions of the Zoning Code.
M The approval of the permit application is in compliance with the
/ . requirements of the California Environmental Quality Act
l d1 Compat ('bili(. The location, size, design and operating characteristics of the
�J proposed use will not create significant noise, traffic or other conditions or
situations that may be objectionable, detrimental or incompatible with other
permitted uses in the vicinity-
9—metal Welfare. The application will not result in conditions or
theurnsmnces contrary to the public health and safety and the general welfare.
Equivalent or better p�ject: The alternative development standards(.)
result in an equivalent or better project in terns of adverse impacts and
enefits to the immediate and surrounding communi
3. If the land use regulations provided by this P.C. Program allow a site development
permit to authorize a use not specifically identified as permitted by the enabling
ordinance, such site development permit shall always require a public hearing before
the Planning Commission per Section 7-9-150.3(6).
124
r
These meeting minutes represent an "action minute" format with a concise summary of
the meeting. A video of the meeting may be viewed on the City's website at
www, costamesaca gov or purchased on DVD upon request.
�
ROLL CALL.:
DicksonPresent: Chair Jim Fitzpatrick
Vice -Chair Robert
Commissioner Colin McCarthy
Commissioner Jeff Mathews
Commissioner Tim Sester
Staff: Gary Armstrong, Economic & Development Services Director
Jerry Guarracino, Interim assistant Development Services Director
Fariba Fazeli, City Engineer
Minoo Ashabi, Principal Planner
Mel Lee, Senior Planner
Martha Rosales, Recording Secretary
Dana Lavin, Costa Mesa resident, addressed concerns and issues with sober living
homes. She said the sober home issues needed to be processed better than the
nuisance ordinance and suggested the creation of a task farce made up of residents
who could make findings and present those findings to the appropriate committees.
thankedCommissioner McCarthy s
Verde Classic and spokephenomenal
shopping destinations (The Triangle and SOCO) have had attracting families and
Commissioner Sesler gave an update regarding the 311 Application and referred
residents to the City's website for filing complaints in the interim.
Vice -Chair Dickson spoke briefly about the Mesa Verde Classic. He also announced a
Special Council -Planning Commission Study Session on January 2P at 4:30 p,m. in
the Emergency Operations Center and encouraged residents to attend and voice their
opinions as it pertained to land use alternatives and revitalizing certain parts of Costa
Mesa.
Chair Fitzpatrick spoke about complaints and reported that only written formal
complaints became part of a property's formal and' historical record. He had staff
display the email address(planningcorn mission(r costamesaca.gov) and phone number
(714-754-5245) where residents could contact the Commissioners to make a statement
as part of a formal record. Chair Fitzpatrick asked Commission Seder to follow up and
confirm that once the 311 application was up and running, inquiries to the 311 system
would become park of a formal record. Chair Fitzpatrick, in response to its. L.avin's
concerns, gave an update on the complexities of saber living homes that the City was
not taking lightly.
1. Minutes for the meeting of January 13, 2014
McCarthy, second by Vice -Chair Dickson,
The motion carried by the following roll call vote:
Ayes: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes: None
Absent: None
Abstained: Done
1, Application No. PA -13-08
Applicant: Patrick Fiedler
Site Address: 751 Baker Street, Unit A
Zone: C1
Project Planner. Mel Lee
Environmental
Determination: Exempt
Description:
1. Conditional use permit for the sale of alcoholic beverages (beer, wine, distilled
spirits) and motor vehicle fuel at an existing service station/convenience market
with a State Alcoholic Beverage Control (ABC) License Type 21 (Off -Sale
General). Current hours of operation are 24 hours, 7 days a week.
2• A finding of public Convenience or Necessity (PC or N) in conjunction with a
premise -to -premise transfer of an existing ABC License from within the City to
allow the sales of alcoholic beverages at the proposed location.
Senior Planner Mel Lee presented the staff report and mentioned the applicant
was concerned with Condition of Approval No, 11 — requirement of a roving
security patrol.
PUBLIC COMMENTS
Ken Barton from the Fiedler Group was representing Thrifty, the property owner.
Mr. Barton stated they were seeking a conditional use permit to allow for the
transfer of the license as well as a public convenience or necessity finding. Per
staff's recommendation, one license was being transferred from one location to
another less than 600 feet from an existing store. Mr, Barton added they had
2
reviewed the conditions of approval and were in agreement with them with the
exception of Condition of Approval No. 11.
Bruce Evans, ABC Legal Consultant, provided background information and gave
a slide presentation that highlighted the surveillance monitoring system used by
Thrifty in their 47 locations. In lieu of the roving security patrol, Mr. Evans
proposed amending Condition of Approval No. 11 to state "applicant to provide a
contract to the satisfaction of the Development Services Department indicating
the private security company hired to respond to the site if needed' Another
alternative was giving the business the opportunity to prove it couldoperate
under the proposed conditions by adding a 1 -year review into the conditional use
permit, the cost of which the applicant would incur. Mr. Evans requested
additional time to work with staff if the Commission imposed the roving security
patrol requirement,
Fred Kim, Thrifty site operator, gave a brief history of their business. If given the
chance they would prove to the Commission their ability to run a clean and safe
business environment.
The applicant requested that the item be continued to allow them time to
consider their options and propose a preferred solution to the Commission.
«,IN
f
WARN
.� a
Chair Dickson, second by Chair Fitzpatrick.
The motion carried by the following roll call vote
Ayes:
Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes:
none
Absent.
Pone
Abstained:
Bone
2. Application
ProjectSite Address:
Environmental
Determinatiom
CO -13-04
Citywide
City of Costa Mesa
Mlnoo Ashabi
Description:
Code Amendment CO -13-04 to amend the Zoning Code for new regulations related
to small tot subdivisions. Amendments are proposed, but not limited to, the following
Code Sections in Title 13 (Zoning Cade) of the Costa Mesa Municipal Code:
0 Chapter I —Add new definitions related to small lot subdivisions;
® Chapter Iv, Table 13-30 (Land Use Matrix) —Allowing small lot subdivisions of up to
15 dwelling units in multiple family residential zones; and,
0 Chapter V, Arkicle 2.5 —add new development standards for small lot subdivisions.
a
Environmental Determination: Exempt,
Principal Planner Minoo Ashabi summarized the staff report pertaining to the
small lot subdivision ordinance.
The Commission discussed 10 -toot setbacks at great length. Commissioner
McCarthy stated the advantage of the Small Lot Subdivision Ordinance was to
allow flexibility in the standards and obtain good products.
MOTION: record
»,,Mbar
Ordinance)CO-13-04 (Small Lot
setback to 5 -feet based on the location and site-specific circumstances
without the need for a variance), Moved by Commissioner McCarthy,
sec
M
The motion carried by the following roll call vote:
Ayes:
Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
Noes:
Done
Absent
Pone
Abstained:
None
Ms. Ashabi said the matter would be set for the March 4, 2014 Council Meeting.
STAFF COMMENTS
City Engineer Fariba Fazeli announced a neighborhood meeting on Wednesday,
January 2Wh at Kaiser Elementary from 6-7:30 p.m, to discuss the East 19th Street traffic
project. Ms. Fazeli also reported that construction work was scheduled to begin in
March on 17th Street between Tustin and Irvine due to widening and raising of the
median.
Interim Assistant Director Jerry Guarracino announced the Joint Council -Planning
Commission Study Session scheduled for Tuesday, January 28th at 4.30 p.m in the
Ernergenc;y Operations Center (EOC) regarding land use alternatives.
11 1 311071"
Submitted by:
C6_A R LYtW, SECI ETA Y j
COSTA MESA Pt.ANNIN COMMISSION
11
March 3, 2014
The Honorable Jim Righeimer
Mayor
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Re: Support for Public Hearing Item #1 Zoning Code Amendment CO -13-04
"Small Lot Ordinance"
Dear Mayor Righeimer,
On behalf of our membership, I would like to express our support of the
proposed small lot development ordinance as recommended by the Planning
Commission. Small lot development represents an important new land use tool to
help meet market demand in established communities. It also comports with
regional housing policy and stimulates the local economy. For many individuals
and families, small lot communities represent a cost attainable home -ownership
opportunity.
The Building Industry Association of Southern California, Orange County Chapter
(BIA/OC) is a non-profit trade association of over 1,000 companies employing over
100,000 people affiliated with the home building industry. The Orange County
Chapter represents the largest member base within BIA Southern California. Our
mission is to champion housing as the foundation of vibrant and sustainable
communities.
Economic Benefits of New Home Construction
New housing will have immediate and long-term positive effects on the City of
Costa Mesa. The economic benefits include quality jobs, government revenue, and
economic stimulus.
In an annual study of 100 metropolitan markets, the National Association of Home
Builders found that three jobs and over $90,000 in government revenue are initially
generated by every home built.' Orange County added the largest number of
construction jobs in the nation by employing 11,200 people.2 Small lot development
is a growing product type that will lead to further job creation.
I The Local Impact of Home Building in a Typical Metro Area. National Association of Home Builders.
<https://www.nahb.org/fileUpload_details.aspx?contentTypeID=3&contentID=35601 &subContentID=219188>
2 O.C.'s boom for building jobs. Orange County Register.
<http://www.ocregister.com/lansner/percent-601110-jobs-construction.html>
Orange County
Chapter
Building Industry Association
of Southern California
17744 Sky Park Circle
Suite 170
Irvine, California 92614
949.553.9500
fax 949.769.8943
www.biaoc.com
PRESIDENT
DONNA KELLY
LENNAR
VICE PRESIDENT
JOAN MARCUS-COLVIN
THE NEW HOME COMPANY
TREASURER
JIM YATES
RANCHO MISSION VIEJO
SECRETARY
MIKE GARTLAN
KB HOME
IMMEDIATE PAST PRESIDENT
DAVE BULLOCH
STANDARD PACIFIC HOMES
TRADE CONTRACTOR COUNCIL V.P.
ALAN BOUDREAU
BOUDREAU PIPELINE CORPORATION
ASSOCIATE VICE PRESIDENT
MARK HIMMELSTEIN
NEWMEYER & DILLION, LLP
MEMBER -AT -LARGE
BRIAN GEIS
MEMBER -AT -LARGE
MIKE WINTER
SARES-REGIS GROUP
CHIEF EXECUTIVE OFFICER
MICHAEL BALSAMO
On average, over three-fifths of a household's income is spent in the local economy. In a
hypothetical situation where 50 homes are built in Costa Mesa with the new Small Lot
Ordinance, approximately $2.0 million will be spent at local businesses and over $157,000 will
be generated in sales tax annually.3
By providing tools to redevelop underutilized and under -performing properties, the City's
Small Lot Ordinance would help foster economic development and infrastructure improvement
that contributes directly to the quality of life of Costa Mesa residents.
Meeting Population Growth and Housing Need
The Southern California Association of Governments (SCAG) projects Orange County's
population growth to be 432,000 new residents over the next 20 to 25 years .4 Presently, there is a
housing shortage in Orange County. Home prices have appreciated 21% in one year. The
combination of population growth and limited supply will continue to complicate the challenge
of housing accessibility and affordability for the City and the region. For this reason, regional
housing policy under Senate Bill 375 supports the practice of infill development. Small lot
development represents one of many housing strategies that the City may use to address
demand for ownership housing, revitalize areas, and fulfill a fair share of regional housing
goals.
For these reasons, we respectfully request that City Council approve the Small Lot
Ordinance. We commend the City for the extensive outreach and research on how small lot
development can benefit the community of Costa Mesa. We believe the proposed ordinance will
streamline planning and building processes, and establish guidelines for homes to integrate
with the community fabric. As always, we remain a resource to the City on important issues
that are related to the well-being of our local communities. Thank you for your time and
thoughtful consideration.
Sincerely,
Michael Balsamo
Chief Executive Officer
Cc: City Council
Mr. Gary Armstrong, Deputy CEO
Ms. Claire Flynn, Asst. Dev. Services Director
Ms. Minoo Ashabi, Principal Planner
3 Based on a median income of $65,373 for City of Costa Mesa
4 Southern California Association of Governments. Regional Forecast Appendix.
<hitp:!Lrtpscs.scag.ca.gov/Documents/2012/finaUSR/2012fRTP GrowthForecast.pdf>
From: R. Godwin
Sent: Tuesday, March 04, 2014 11:43 AM
To: RIGHEIMER, ]IM; MENSINGER, STEPHEN; LEECE, WENDY; GENIS, SANDRA; MONAHAN, GARY
Subject: Regarding Small -Lot Subdivision Ordinance and Open Space
Dear Mayor, Mayor Pro Tem, and Council Members:
I'm writing to express my strong opposition to the Small -Lot Subdivision Ordinance.
It appears that the primary goal of the ordinance is to allow for more crowded
development than is currently permitted on small lot sizes. While I recognize that the
ordinance does not technically increase density, it will increase the perception of density
by the decrease in open space. Current requirements result in structures that are fairly
close together as it is, and I'm not excited about any attempt to make these
requirements less stringent. The council agenda report states: "While these standards
have been practical for larger developments; they have been challenging for smaller
subdivisions." If the current regulations serve to discourage intense development of
small lots, I'm in favor of keeping them.
Also, it seems that this ordinance would increase the possibility that developers will
purchase existing single-family homes and raze them, in order to build more profitable
multi -unit developments. More profitable for their builders, perhaps, but not for
residents' quality of life.
As Costa Mesa looks to update its general plan, I'm concerned that city leadership is
unintentionally taking steps that will, over time, result in congested streets and crowded,
light -blocking buildings. Between recently proposed sports fields and other additions to
Fairview Park, various multi -story projects going up around the city (e.g. 1901 Newport,
near my home), and proposed changes like the Small -Lot Subdivision Ordinance, I'm
concerned that Costa Mesa is swapping its laid-back, suburban feel for an increasingly
closed -in atmosphere.
As a 20 -something Millennial, I feel like my generation is often used as a handy excuse
for increasing the size and density of new construction while reducing green
space. We're cited as the reasons behind live/work spaces, smaller yards, and other
features that allow for more housing units per square inch.
This Millennial? I want to live in a city with plenty of green space - and open space. For
me, "open space" doesn't mean a square of green grass huddled between tall buildings,
and perhaps a decorative tree. It means parks, and green things throughout the city,
and being able to look up and see open sky, not a row of fourth -story condo windows
and a sliver of blue if I tilt my head back far enough.
I'm also concerned that the extra density is being foisted off on Westside residents, who
already lack the number of immediately accessible parks and open spaces available to
those in Mesa Verde and the Eastside. For instance, I live directly opposite Lions Park,
which is constantly being put to good use by residents. Unfortunately, it also attracts a
large number of homeless people, leaving parents and children with a less safe and
less spacious play area. There aren't many other places for people to experience the
great outdoors within walking distance; they require the use of a car, or a longish walk
or bike ride (not always feasible for small children). I'm fortunate enough to have a car,
so I'm easily able to enjoy the natural spaces at Fairview, Canyon, the beach, and
elsewhere. Not everyone is so lucky. While I'm thrilled that Costa Mesa has the
amenities that it does, they're not adequate to offset the effects of a major density
increase.
I've lived in Costa Mesa for over 20 years. For me, the question is: will the Costa Mesa
of 2024 or 2034 be a city in which I'll want to rent, live, or buy a home? With the city's
apparent desire for more tall buildings, more traffic, and less room in which to live a
healthy lifestyle, I'm afraid that the answer may be "no". I'd much rather it be "yes", and
would appreciate your taking these points into consideration as you help decide the
future of Costa Mesa.
Sincerely,
Rachael Godwin