HomeMy WebLinkAbout43 - OB-1 - Attachment 2 - 3/18/2014ATTACHMENT
ORDINANCE NO. 14-44
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. 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 13-34 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
R
R2
R2
R3
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
M
H
P
L
1
2
1
C,
G
P
D
D
D
D
D
D
&
&
D
D
S'
R
R
R
R
V
11
R1
R
L
M
H
N
Si
DI
D1
DI
C
M1
RESIDENTIAL USES
1. Single-family
Pa
P
P
P
.
.
P
P
P
P
P
P
dwellings (single
housekeeping units
2. Multi -family dwellings
a
P
P
P
P
0
P
P
P
P
P
P
■
2.1 Common interest
■
P
P
P
■
.
.
■
■
P
&
P
P
P
P
P
P
developments,
residential
2.2 Small lot
a
P
P
P
subdivisions residential
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 certificates
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:
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,
—12—
playgrounds, parking areas and finished grade elevations. Pre-existing
development should guide the building setbacks and new development
should preserve the existing character of the neighborhood.
2. The site design must consider both the design elements of 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 existing 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 XI.
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.
5.�
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 Height
Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory
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 31 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
3 (}°/o 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
200 square feet with no dimension less than 10 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
. T
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• 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 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 width shall be a maximum of
26 feet for lots less than 50 feet wide and a maximum of 50% for lots greater than 50 feet wide.
Driveway length
Straight -in driveways to garages shall have a minimum length of 19 -feet from the ultimate public
or private right of way. No driveways shall be more than 5 feet in length if parking is not
provided in front of garage.
Driveways accessing rear parcels shall be in compliance with the requirements of the Parking
Design Standards, minimum separation between driveways and maximum 50% hardscape
requirement.
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
—1-4-
TABLE 1342
SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (bested on individual dwelling unit lots and excluding townhouses)
Front 20 feet
Development Lot:
Side and rear (interior) 10 feet for one story. two -stories and three-story development
This setback can be reduced to a minimum of five feet on a case by case basis depending on the
setbacks of adjacent properties and if the building design includes off sets, variety of roof slopes
and massing, and excellence in design in terms of materials, colors and additional articulation as
deemed appropriate by Development Services Director
Side (street side, if 10 feet
applicable) Note; Driveways providing straight -in access from a public street to a garage shall be at least 19
feet long, as measured from the ultimate public or private right of way.
Rear Abutting a Publicly 5 feet; however, garages may be required to set back further to ensure adequate back up distance.
Dedicated Alley 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 5 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
l�cyuiredY-Ls
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 three twe 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 Vll 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 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.
—I's .
(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
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
1. 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 units).
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 resident 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
—KO.—
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:
i. "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 15051 (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
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- 04 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