§ 13-62. Additional development standards

(a) Maintenance of common facilities.

(1) A planned development shall be approved subject to the submission of legal instruments setting forth a plan or manner of permanent care and maintenance of all common open space, recreational vehicle storage areas, and other facilities provided in the final development plan. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect, and the planning division as to suitability for the proposed use of the common space and subject facilities.

The declaration of covenants shall contain language or provisions substantially as follows:

a. "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."

b. "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."

(2) The common open space, recreational vehicle storage areas and other facilities provided may be conveyed to a public agency or private association. If the common open space, recreational vehicle storage areas or recreational facilities are conveyed to a private association, the developer shall file as part of the aforementioned instruments a declaration of covenants and restrictions that will govern the association. The provisions shall include, but not be limited to the following:

a. The private association must be established prior to sale of any unit(s).

b. Membership must be mandatory for the original buyer and any successive buyer.

c. The private association must be responsible for liability insurance, local taxes (if any) and the maintenance of common open space, recreational vehicle storage areas and other facilities.

d. Each member of the association shall be assessed a pro rata share of the costs incurred by the association.

e. The private association must be able to adjust any assessments to meet changed needs.

(3) The planning commission may also require dedication of development rights or scenic easements to assure that common open space shall be maintained.

(b) Traffic circulation.

(1) Primary vehicular access points to the planned development shall be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and bicycle traffic. Minor streets within the planned development shall not be connected to streets outside the development in such a manner as to encourage their use by through traffic.

(2) Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic to serve residential, nonresidential and recreational facilities provided in or adjacent to the planned development. Where designated bicycle paths or trails exist adjacent to the planned development, safe, convenient access shall be provided. The planning commission may require, when necessary, pedestrian and/or bicycle overpasses, underpasses or traffic signalization in the vicinity of schools, playgrounds, parks, shopping areas or other uses that may generate considerable pedestrian and/or bicycle traffic.

(c) Streets.

(1) The design of public and private streets within a planned development shall reflect the nature and function of the street. Existing city standards of design and construction may be modified only as is deemed appropriate by the planning commission after recommendation by the city engineer, planning division, fire chief and police chief. Right-of-way, pavement and street widths may only be reduced by the planning commission where it is found that the final master plan for the planned development provides for the separation of vehicular and pedestrian traffic; that access for public safety and service vehicles is not impaired; and that adequate off-street parking has been provided.

(2) All private streets within a planned development shall be dedicated to the city as utility easements where the easements are necessary.

(3) All private streets shall be conveyed to a private association where one exists as established by subsection (a).

(4) If the private association or person(s) owning the private streets in a planned development should in the future request that any private streets be changed to public streets, the private association or owner(s) shall agree that before consideration for acceptance by the city the private association or owner(s) will bear the full costs of reconstruction of any other action necessary to make the streets conform to the applicable standards for public streets. The private association or owner(s) shall also agree that these streets shall be made to conform and be dedicated to public use without compensation to the private association or owner(s).

(d) Parking.

(1) Parking shall be provided per Chapter VI Off-Street Parking Standards. In addition, the planning commission may determine that storage areas for boats, trailers, campers and other recreational vehicles shall be required, where the necessity for such facilities has been demonstrated and where such facilities will preserve the required off-street parking for the use of automobiles.

(2) Parking areas, covered or open, in any planned development shall be screened from view from any public right-of-way. (Exception: single-family, small lot subdivisions.)

(e) Development standards for mixed use planned developments.

(1) Nonresidential development in planned development residential districts shall comply with the following criteria:

a. Commercial components of planned development residential projects shall comply with the permitted uses, site coverage and parking requirements of the planned development commercial district.

b. Commercial development within a planned development shall be located so as to be accessible in a manner that does not create traffic congestion or hazards to any street. Location, off-street parking and loading requirements shall be determined as appropriate to the particular planned development. Consideration shall be given to anticipated pedestrian, bicycle, and vehicular traffic, adjacent development that may provide multiple use of off-street parking facilities and the types of commercial use provided.

c. Parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics and lighting shall be designed as integrated portions of the total planned development and shall protect the residential character.

(2) Complementary residential and industrial uses within the planned development commercial district shall comply with the permitted uses, density or site coverage, and parking requirements of the planned development residential and planned development industrial districts or any applicable specific plan.

(3) Complementary commercial and residential uses within the planned development industrial district shall comply with the permitted uses, site coverage or density, and parking requirements of the planned development commercial and the planned development residential districts.

(f) Building spacing, setback, yard and building height requirements.

(1) Each planned development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walls, barriers, landscaping and sound reducing construction techniques shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.

(2) Unless otherwise noted in this article, no specific yard, setbacks or building height requirements shall be imposed in the planned development district, except as provided in the master plan; provided, that the spirit and intent of this section and the planned development ordinance are met.

(g) Noise attenuation. When, in the opinion of the planning division, a proposed planned development may be situated in a noise environment, which will adversely affect future residents, an acoustical analysis shall be required. An acoustical evaluation of the working drawings of the proposed residential project shall be submitted to the planning division by a licensed acoustical engineer prior to the issuance of building permits. The engineer shall certify that the construction will reduce residential interior noise levels to 45 CNEL or less and residential exterior noise levels in common and private open space areas to 65 CNEL or less. An exception to the 65 CNEL exterior noise standard is for high-rise residential developments in the North Costa Mesa Specific Plan area. See Chapter XIII. Noise Control for additional information. Building occupancy will be granted upon submittal of a field test report from a licensed acoustical engineer certifying that the above standards have been met. The method of field testing shall be approved by the planning division.

(h) Bluff-top setback. No building or structure shall be constructed closer than ten (10) feet from a bluff crest, unless it is determined that the building or structure will not:

(1) Endanger stability of the slope;

(2) Substantially interfere with access for fire protection; and

(3) Detract from the visual identity and integrity of the bluffs.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 15, 3-2-98; Ord. No. 01-16, § 1q., 6-18-01; Ord. No. 05-14, § 1h.—j., 11-1-05 ; Ord. No. 07-2, § 1i., j., 2-6-07 )