270
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1463 Meeting Date: 12/05/2023
TITLE: FIRST READING OF AN ORDINANCE TO AMEND TITLE 13 (PLANNING, ZONING, AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S OUTDOOR DINING PROVISIONS (CODE AMENDMENT PCTY-23-0002)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: CAITLYN CURLEY, ASSISTANT PLANNER
CONTACT INFORMATION: CAITLYN CURLEY, 714-754-5692
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (“General Rule”); and
2. Introduce for first reading, by title only, Ordinance No. 2023-XX amending Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to modify the City’s outdoor dining provisions.
BACKGROUND:
On June 2, 2020, the City Council adopted Urgency Ordinance No. 2020 -15 which allowed establishments where food and beverages are served to offer a temporary outdoor dining area as a means to provide economic and social relief in response to the COVID-19 pandemic and associated public health -related restrictions. The City’s adopted Urgency Ordinances allowed staff to issue temporary permits for restaurants to redistribute its indoor dining capacity to a new or existing expanded outdoor dining area. Total indoor/outdoor capacity was required to stay the same as a condition of the permit in order to streamline the permitting process and ensure compliance with the Federal and State building, safety and accessibility codes. Other standards were also applied with the temporary permits to ensure public health and safety. The Urgency Ordinance’s effective period will expire on December 31, 2023.
To date and as permitted by the Urgency Ordinance, the City has issued 49 temporary use permits allowing existing food and beverage serving establishments to establish dining areas outdoors through a streamlined administrative “temporary use” permitting process. The majority of the permits were issued between 2020 and 2021, and only one permit was issued in 2022. The City did not receive any temporary use permit applications in 2023. These outdoor dining areas have been permitted to occupy privately-owned parking lots, oversized walkways, and interior plazas, courtyards or other areas where outdoor dining could be acco mmodated onsite. One temporary use permit/encroachment permit was also issued for outdoor dining located within the public right of way utilizing on -street parking stalls. 271
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Approximately half of these establishments have transitioned back to their pre -pandemic indoor operating conditions, with 22 of the approved temporary outdoor dining areas still in use.
On November 1, 2022, as part of its decision to extend the sunset date of the Urgency Ordinance to December 31, 2023, the City Council expressed a desire to adopt a permanent ordinance in the future that would continue to allow for and promote outdoor dining opportunities. A general emphasis was placed on both establishing creative standards to retain existing outdoor d ining areas established during the COVID -19 pandemic, and encourage new outdoor dining areas . Councilmembers also requested standards for permitting live music, encouraging the incorporation of landscaping into outdoor dining area designs, and directed staff to prepare an ordinance for Council adoption.
November 1, 2022 City Council Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=5899704&GUID=FAFA9180-B0C7-44AB- 8E22-1602F74B323D
Minutes:
https://costamesa.legistar.com/View.ashx?M=M&ID=980821&GUID=59A4FB5E-7223-4819-91A3- D3228A962C20
Video:
https://costamesa.granicus.com/player/clip/3915?view_id=14&redirect=true&h=aa81818ba2c0c7d30 698e076b4f506ce
Planning Commission Recommendation
On November 13, 2023, staff presented the Planning Commission with a Draft Ordinance to modify the Costa Mesa Municipal Code ( CMMC) outdoor dining provisions for a recommendation to the City Council. After considering staff’s presentation and public comments , the Planning Commission deliberated and voted 3-1 to recommend that the City Council give first reading to an Ordinance amending Title 13 (Planning, Zoning, and Development) to modify the City’s outdoor dining provisions.
The Planning Commission’s motion included the following revisions to the Draft Ordinance:
1) Increase the proportion of onsite parking spaces which could be removed to accommodate outdoor dining, subject to the approval of a minor conditional use permit, from “2 spaces or 10% of required spaces, whichever is less” to “greater than five parking spaces, or remov al of more than 25% of existing, required parking, whichever is less.” Staff Response : The text of Table 13 -47(b) has been modified to reflect the Planning Commission’s recommended threshold.
2) Prohibit solid materials above 3.5 feet for outdoor dining barriers and restrict the use of temporary materials.
Staff Response : The barrier requirements have been modified in the draft Ordinance to prohibit temporary materials and limit barrier heights to five feet, with the upper portion required to be transparent.
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Item #: 23-1463 Meeting Date: 12/05/2023
3) Add an operational standard that addresses potential parking related issues for all establishments with an outdoor dining area t o ensure that on-site parking is properly managed and potential impacts to the surrounding areas are timely resolved.
Staff Response : The draft Ordinance was revised to include an operational standard to ensure that off-site parking impacts due to restaurant operations are properly addressed and do not adversely impact surrounding businesses and residential neighborhoods.
Additionally, although not part of the motion, the Planning Commission suggested requiring existing temporary outdoor dining facilities to upgrade materials to meet the proposed permanent outdoor dining standards. This suggestion was based on the fact that many of the existing temporary outdoor dining areas were installed with minimal investment with the understanding that these facilities may have to be removed at a later time. As such, as an option, staff has added language into the ordinance that would require outdoor dining areas previously approved under the City’s temporary program to upgrade the materials used from temporary to permanent materials.
November 13, 2023 Planning Commission Staff Report:
https://costamesa.legistar.com/View.ashx?M=A&ID=1135455&GUID=7ECD4C06-87E5-4283-8149- 4BFF97215AA2
Video:
https://costamesa.granicus.com/player/clip/4063?view_id=14&redirect=true&h=f22a251337c41beeb5 5301395ff67cc2
ANALYSIS:
As proposed, the establishment of an Outdoor Dining Program that will meet the City Council’s goals will occur in two phases. The first phase, which is proposed in this Zoning Code amendment, establishes a streamlined permitting process and development standards for ou tdoor dining areas located on private properties within private parking lots, courtyards, oversized walkways, interior landscaped areas, and setback areas. The second phase (Phase II) requires extensive additional analysis and will focus on permitting outd oor dining in a public -right-of-way (such as “outdoor dining parklets”). Phase II will be presented to the Planning Commission and City Council for consideration at a later date.
The proposed Zoning Code amendment (clean copy) is attached to this staff r eport as Attachment 2.
It allows for the temporary outdoor dining areas approved during the pandemic to become permanent subject to compliance with aesthetic standards , and establishes development standards and streamlined approval processes for the installation of new outdoor dining areas moving forward .
Attachment 3 includes a copy of the proposed ordinance amendments with “strikethrough” formatting showing removed code language and “underline” formatting for added code language.
Active Temporary Use Permits
There are 22 temporary outdoor dining areas permitted that remain operating. Of these, seven occupy existing parking spaces, three occupy parking lot drive aisles and eleven are located elsewhere on private properties. Outdoor dining areas located within parking lots currently occupy, on average, three to ten parking stalls. Almost all of the active outdoor dining areas are located within 200 feet of a residential zone, with six of the 22 located immediately adjacent to residential uses. The 273
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“characteristics” outlined in Table 1, such as location and parking impacts, reflect the current operating conditions of the outdoor dining areas.
As proposed, the active Temporary Use Permits for outdoor dining areas that were approved pursuant to Urgency Ordinance 2020-15 may continue to operate without further planning or zoning approvals, subject to compliance with all building , fire and health code requirements. Those located within driveways/drive aisles would be required to remove the portions of the outdoor dining areas that block access. Those that used temporary materials would be required to upgrade materials to meet the permanent dining area standards outlined in Section 13-48.
Additionally, the single parklet approved pursuant to the Urgency Ordinance will also be “grandfathered” subject to issuance of an encroachment agreement.
TABLE 1
OUTDOOR DINING AREAS PERMITTED PER URGENCY ORDINANCE 2020-15 Business Address Outdoor Dining Area
Location/Characteristics
1 Pasta Connection 1969 Harbor Blvd Walkway
2 Baja Fish Tacos 171 E 17th St Walkway
3 Mogu 2969 Fairview Walkway
4 Strut 719 W 19th St Walkway
5 Uroko Café 3030 Bristol St Walkway
6 Oak and Coal 333 E 17th St Walkway
7 Salty Bear Brewing 2948 Randolph Courtyard
8 Garduno's 298 E 17th St, #A Courtyard
9 SOCO Collections 3313 Hyland Ave Courtyard
10 Semi Tropic Wines 820 W. 19th St Drive Aisle
11 Breakfast Republic 410 E. 17th St Drive Aisle
12 The CAMP 2937 Bristol St Drive Aisle
13 Ourbar and Kitchen 2000 Newport St Street Setback
14 Taco Mesa 647 W. 19th St Paved Area
15 El Matador 1768 Newport Blvd
Private Parking (occupies 4 parking spaces,
20% of the 20 required parking spaces)
16 Avila's El Ranchito
2101 Placentia
Ave
Private Parking (occupies 7 surplus parking
spaces)
17 Dick Church's 2698 Newport Blvd
Private Parking (occupies 6 parking spaces,
13% of required 48 parking spaces)
18 Green Cheek Beer
Company
2957 Randolph
Ave Unit B
Private Parking (occupies 10 parking spaces,
67% of the 15 required parking spaces)
19 Goat Hill Tavern 1830 Newport Blvd
Private Parking (occupies 6 parking spaces,
30% of the 20 required parking spaces)
20 The Boulevard
1824-1826
Newport Blvd
Private Parking (occupies 6 parking spaces,
46% of the 13 required parking spaces)
21 Bootleggers
Brewery 696 Randolph Ave
Private Parking (occupies 4 parking spaces,
33% of the 12 required parking spaces)
22 Eat Chow 1802 Newport Blvd
Parklet – Public Right of Way (3 On-street
parking spaces)
Note: Any future modifications to these outdoor dining areas shall be approved by the City and shall be in compliance with the CMMC.
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Current Municipal Code Provisions Applicable to Outdoor Dining
The Costa Mesa Municipal Code regulates outdoor dining pursuant to Article 4 (“Establishments Where Food or Beverages are Served”), and includes provisions such as the following:
1. “Outdoor seating areas are permitted provided that the area does not encroach into required street setback, parking and circulation, or interior landscaped areas; except as approved through the issuance of a minor conditional use permit…”
2. “Shade structures for approved outdoor seating areas must comply with all setback requirements but, with approval of a minor conditional use permit, may encroach into the required street setback … To allow views to remain open and unobstructed, such detached shade structures shall not obstruct more than fifty (50) percent of the façade area along the property line(s).”
In addition, Costa Mesa Municipal Code Section 13-89 applies parking requirements to outdoor dining areas (if the total “public area” is greater than 300 square feet) at a rate of 10 spaces per 1,000 square foot gross floor area (12 spaces per 1,000 square feet if the space is greater than 3,000 square feet in area). The Code allows a business to apply for a “deviation” in parking requirements due to “unique operating characteristics” through the Minor Conditional Use Permit proc ess, subject to Zoning Administrator approval. This process allows for flexibility in parking requirements and may involve preparation of a parking evaluation by a third party to support the provision of less onsite parking.
Ultimately, the restaurant must demonstrate that the parking provided is sufficient to address parking demand and otherwise meet required MCUP findings. If available parking is already limited onsite, providing sufficient parking for an expanded outdoor seating area can be an obstacle.
Proposed Outdoor Dining Streamlined Approval Process
The proposed draft ordinance amendments include a new table , Table 13-47 (b), that outlines a new streamlined approval process for food and beverage establishments to obtain permits for outdoor dining areas. Depending on the proposed location and design of the outdoor dining area, most requests would be approved at the staff level administratively “by right” (i.e. “Planning Division”). Outdoor dining designs that have a greater potential to cause impacts would be reviewed by the Zoning Administrator through the minor conditional use permit (MCUP) process. Staff believes the MCUP process is appropriate for these more complex requests so that public noticing, compliance with MCUP findings, and conditions of approval that would respond to site specific issues can be applied.
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Item #: 23-1463 Meeting Date: 12/05/2023
CMMC Table 13-47 (b)
LOCATION OF OUTDOOR AREAS AND
OPERATIONAL CHARACTERISTICS Approval Process
Courtyard Area Planning Division
Setback Area – Expansion of up to 50% of indoor
public area outdoors. 1 Planning Division
Setback Area – Expansion of more than 50% of indoor
public area outdoors. 1 Minor Conditional Use Permit
Parking Area - Expansion of up to 50% of indoor
public area outdoors and does not remove greater
than five parking spaces or 25% of existing, required
parking whichever is less. 1
Planning Division
Parking Area – Expansion of more than 50% of indoor
public area outdoors. 1 Minor Conditional Use Permit
Parking Area - removal of greater than five parking
spaces, or removal of more than 25% of existing,
required parking, whichever is less. 1
Minor Conditional Use Permit
Proposed Outdoor Dining Development Standards
The proposed Draft Ordinance modifies CMMC Section 13-48 to create standards that promote and incentivize outdoor dining including, but not limited to:
1. Prioritizing locations of outdoor dining areas in plazas, courtyards, and areas abutting sidewalks/streets and requiring the selection of preferred options when available;
2. Requiring maintenance of outdoor dining areas;
3. Exempting outdoor dining areas from parking standards;
4. Requiring that outdoor dining areas comply with applicable building, fire and health codes;
5. Restricting outdoor dining areas in parking lot drive aisles and other vehicle circulation areas;
6. Establishing operational hours for outdoor dining from 6AM to 11PM;
7. Requiring Noise Ordinance compliance;
8. Lighting standards; and
9. Aesthetic standards for barriers and landscaping.
Staff Assistance and Next Steps
With few exceptions, increasing seating capacities by adding outdoor dining areas (in addition to indoor seating areas) will require conformance with applicable Building, Fire and accessibility codes. For example, a parking lot “path of travel” for wheel chair accessibility may be required in certain instances. If outdoor dining areas result in certain seating/occupant capacity increases, the Building Code requires applicable bathroom improvements ( e.g. increasing the number of toilets, urinals and/or lavatories).
Building and Fire Safety c odes also apply to new permanent shade structures, and may require fire 276
Item #: 23-1463 Meeting Date: 12/05/2023
sprinklers for the new structure if the existing building includes sprinklers (umbrellas do not require Code compliance).
With the understanding that the building, fire safety and accessibility codes can be complex and potentially can require additional investment, staff will be forming an interdepartmental customer service team (including a planner, building staff, and the fire marshal) who will proactively reach out to each existing business with temporary outdoor dining facilities to discuss the potential opportunities and constraints of proposing an increase in occupancy and/or permanent outdoor structures. This team will assist business owners through the entire process and will suggest options and design alternatives that will allow business owners to achieve their goals with minimal disruption.
Phase II
Phase II of the outdoor dining ordinance will include code updates to City provisions regulating parklets, outdoor dining utilizing sidewalks, and outdoor dining amenities within the public right-of-way. The updates will contribute to the city -wide efforts to incorporate complete streets into the urban landscape, and promote walkability within neighborhoods. These updates will involve careful consideration of factors including traffic speed, circulation, street width, and fee schedules.
ENVIRONMENTAL DETERMINATION:
The proposed Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (“General Rule”) in that there is no possibility that the minor updates regarding outdoor dining to the City’s Municipal Code provisions will have a significant impact on the environment. The Code amendments establish streamlined procedures to allow for outdoor dining areas which are already allowed by the Municipal Code.
ALTERNATIVES:
The City Council has the following alternatives:
1. Give First Reading. The City Council may give first reading to the draft Ordinance
2. Give first reading with modifications. The City Council may modify the draft Ordinance and give first reading.
3. Not adopt the changes to the City’s outdoor dining provisions . The City Council may choose to not adopt the proposed Code amendments.
4. Continue the Ordinance review to a date certain . The City Council may continue the item to a date certain with direction for staff to return with additional information, changes and/or clarifications
FISCAL REVIEW:
The adoption of the proposed Ordinance will not have any fiscal impact on the City’s budget.
LEGAL REVIEW:
The draft Ordinance and staff report have been prepared in conjunction with and reviewed by the City Attorney’s Office.
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CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goals:
Achieve Long-Term Fiscal Sustainability
Strengthen the Public’s Safety and Improve Quality of Life
CONCLUSION:
The proposed code amendment would streamline and incentivize the development of permanent outdoor dining areas and establish development standards for new and existing outdoor dining areas.
Staff recommends the City Council give first reading to the ordinance. If approved, staff would return to the Council for a second reading and the ordinance would become effective 30 days after the second reading.
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ATTACHMENT 1
ORDINANCE NO. 2023-xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 (PLANNING, ZONING, AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE RELATING TO OUTDOOR DINING.
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, in response to the COVID -19 pandemic, the City Council adopted Urgency Ordinance No. 2020 -15, temporarily suspending the permit requirements and development standards for outdoor activities and parking contained in the zoning code applicable to dining patios, places of religious assembly, and waiver of valet parking; and WHEREAS, Urgency Ordinance No. 2020 -15 will expire on December 31, 2023; and
WHEREAS, due to the COVID -19 pandemic, significant social shifts have occurred, creating a greater interest in outdoor dining; and WHEREAS, outdoor dining has been found to promote private and public economic interests, protect the public safety and general welfare, and create a community-oriented and pedestrian friendly dining environment.
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 13, of the Costa Mesa Municipal Code is hereby amended to read as specified in Exhibit A, attached hereto and incorporated herein by this reference.
Section 2. Compliance with CEQA. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) (“General Rule”), as this action will not have any 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 no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision, sentence, 279
Ordinance No. 2023-xx Page 2 of 3
clause, phrase, or portion of this Ordinance, or the application there of to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivi sions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED AND ADOPTED this ___day of _____, 2023.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 280
ATTACHMENT 2
(EXHIBIT A)
CHAPTER V. DEVELOPMENT STANDARDS
ARTICLE 4. ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED 13-46. Purpose.
The purpose of this article is to regulate and provide development standards for establishments where food or beverages are served. The proximity of residential uses to these types of establishments is a concern of this article. Where the distance criterio n of two hundred (200) feet from residentially-zoned property is given in this article, it shall be measured from the property line of the site to the property line of the nearest residentially- zoned property. This article also establishes requirements for outdoor dining areas to support long-term economic viability of local establishments, promote vitality in the City’s commercial areas, promote progress towards creating walkable communities by facilitating pedestrian -friendly and safe public spaces, and f acilitate and incentivize enhanced City dining experiences.
(Ord. No. 97-11, § 2, 5-5-97)
13-47. Permitted and conditionally permitted uses.
Establishments where food or beverages are served are subject to the review and approval procedures shown in Table 13-47 (a) and (b). In instances where more than one (1) review procedure is applicable to an establishment, the more stringent procedure shall apply.
TABLE 13-47 (a)
PERMITTED AND CONDITIONALLY PERMITTED USES
LOCATION AND
OPERATIONAL
CHARACTERISTICS
C1-S C1 C2 CL TC PD MG MP
Establishments with 300
square feet or less of indoor
public area. 3
P 1,2 or
P P P MC P 1 or
P
P 1 or
P P P
Establishments with more
than 300 square feet of
indoor public area.3
P 1 or
P P P MC P 1 or
P
P 1 or
P MC MC
EXCEPTIONS
Located within 200 feet of a
residential zone. (Subject to
the requirements of
P 1 or
P P P MC P 1 or
P
P 1 or
P P P
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LOCATION AND
OPERATIONAL
CHARACTERISTICS
C1-S C1 C2 CL TC PD MG MP
section 13-49, Development
Standards for
Establishments Within 200
Feet of Residentially Zoned
Property)3
Sale of alcoholic beverages
for on-site consumption after
11:00 p.m. and/or provision
of live entertainment or
dancing located within 200
feet of a residential zone.3
P 1 or
C C C C P 1 or
C
P 1 or
C C C
Sale of alcoholic beverages
for on-site consumption after
11:00 p.m. and/or provision
of live entertainment or
dancing located not within
200 feet of a residential
zone.3
P 1 or
MC MC MC MC P 1 or
MC
P 1 or
MC MC MC
Drive-through operations.
(Subject to the requirements
of section 13-50,
Development Standards for
Drive-Through Operations)3
P 1 or
MC MC MC MC P 1 or
MC
P 1 or
MC MC MC
Establishments with less
than 300 square feet of
indoor public area located in
a multi-tenant center where
30% or more of the tenants
are similar businesses, i.e.,
establishments with less
than 300 square feet of
indoor public area.3
P 1 or
MC MC MC MC P 1 or
MC
P 1 or
MC MC MC
Establishments with a micro
brewery3
P 1 or
C C C C P 1 or
C
P 1 or
C C C
1 Pursuant to an approved master plan which specifies these operational characteristics and/or location of the business.
2 For the purposes of this table, the symbols shall have the following meaning:
P=Permitted; MC=Minor Conditional Use Permit; C=Conditional Use Permit. 282
3 Outdoor dining and seating areas may be considered as part of a proposed land use if allowed in the zoning district, and pursuant to the provisions, regulations and standards of this Article.
(Ord. No. 97-11, § 2, 5-5-97)
TABLE 13-47 (b)
Outdoor Dining Area Permitting Process 1
LOCATION OF OUTDOOR AREAS AND
OPERATIONAL CHARACTERISTICS Approval Process
Courtyard Area P2
Setback Area – Expansion of up to 50% of indoor
public area outdoors. 1 P2
Setback Area – Expansion of more than 50% of indoor
public area outdoors. 1 MC2
Parking Area - Expansion of up to 50% of indoor
public area outdoors and does not remove more than
five parking spaces or 25% of existing, required
parking, whichever is less. 1
P2
Parking Area – Expansion of more than 50% of indoor
public area outdoors. 1 MC2
Parking Area - removal of more than five parking
spaces, or removal of more than 25% of existing,
required parking, whichever is less. 1
MC2
1 Temporary Use Permits for outdoor dining areas, including parklets within the public right-of-way, approved through Urgency Ordinance 2020-15 may continue to operate with staff approval; however, shall comply with applicable Building and Fire Code requirements, circulation and parking lot standards, and aesthetic development standards outlined in Section 13-48 within six months from the time of ordinance adoption, with an allowed six-month extension of time. Outdoor dining areas approved under a temporary use permit shall also be subject to applicable fees. Any modifications to these outdoor dining areas shall be approved pursuant to this Article. 2 For the purposes of this table, the symbols shall have the following meaning:
P=Permitted; MC=Minor Conditional Use Permit.
13-48. General development standards.
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Establishments where food or beverages are served are subject to the following development standards.
(a) Existing and newly constructed establishments that propose new outdoor dining areas within courtyard, parking, setback or interior landscaped areas may be approved pursuant to this Article. Development standards provided in Section 13 -48 (b)(1) applies to all outdoor dining areas. Addi tional development standards apply to outdoor dining areas within parking areas (Section 13 -48 (a)(2)) and/or setback areas (Section 13 -48 (a)(3)).
(1) Development Standards for all Outdoor Dining Areas:
a. Subject to the discretion of the reviewing authority, and where practical, feasible and safe, outdoor dining areas shall be located on a development site with preference given in the order of (1) existing courtyards, plazas, or oversized walkways (2) existing setbacks and (3) existing parking areas.
b. Where practical, feasible and safe and to promote the local vitality, outdoor dining areas shall be located on a development site with preference given to areas that can be seen from the public rights-of-way or pedestrian activity areas, compared to areas that cannot be seen from these locations.
c. Outdoor dining areas shall be maintained in good condition, kept clean and shall not result in conditions which are harmful or injurious to the public health, safety and welfare.
d. Outdoor dining areas shall be removed and the areas returned to previous conditions if the corresponding food and beverage establishment is replaced by a non-food and beverage establishment, or if the outdoor dining area is no longer in use.
e. Outdoor dining areas and their corresponding restaurant must comply with all applicable Building and Fire Safety code requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 at the time of their construction. Outdoor dining areas approved under Urgency Ordinance No. 2020-15 must comply with all applicable Building and Fire Safety requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 within six months from the time of Ordinance No. 2023-0002 adoption, with an allowed six-month extension of time.
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f. All outdoor dining areas shall observe State and local health guidelines for restaurants.
g. Outdoor dining areas shall not be counted as gross floor area when calculating required parking for an establishment where food or beverages are served.
h. Outdoor dining areas shall be located adjacent to their applicable food or beverage establishment. In this case, “adjacent” includes locations separated from the subject restaurant by a single pedestrian walkway and/or single vehicular drive aisle, or a single pedestrian walkway and/or two parking spaces perpendicular to the building and outdoor dining area. Outdoor dining areas may be located further from the subject restaurant when authorized by a minor conditional use permit.
i. A minimum 4-foot-wide pedestrian access to the entryways of all establishments on the subject property shall be provided.
j. Pedestrian ingress/egress to the subject establishments or businesses may not be obstructed.
k. Any proposed outdoor dining area covers (including but not limited to canopies, tents or shade covers) will require Fire and Building Department’s approval prior to installation. and shall not be located within required setbacks. Umbrellas shall be exempt from this requirement. Outdoor dining area covers/structures may encroach into a setback area with approval of a minor conditional use permit. To allow views to remain open and unobstructed, such shade structures shall not obstruct more than fifty (50) percent of the façade area along the property line(s) with either vertical (e.g., posts) or horizontal elements (e.g., planters, sloped awnings) with a minimum twenty-four (24) inches between the shade cover and any fences, walls, or other similar structures such that the outdoor seating area is not enclosed.
l. Outdoor areas may be temporarily enclosed during inclement weather with temporary structures as approved by the City’s Building and Fire Department.
m. Outdoor dining areas may not encroach into drive aisles or other vehicle circulation areas.
n. Any service of alcoholic beverages in outdoor dining areas will be subject to approval by the California Department of Alcoholic Beverage Control and shall adhere to all requirements and standards implemented 285
by said State agency.
o. Outdoor dining will be required to be closed between 11 PM and 6 AM; unless approved as part of a use permit as indicated in Table 13-47(a).
p. Noise concerns shall be addressed in a timely manner pursuant to Title 13, Chapter XIII of the Costa Mesa Municipal Code. A contact phone number shall be posted at the establishment’s entrance and outdoor dining area so any noise concerns can be reported to the business operator. Outdoor dining areas shall be subject to review by authorized City officials to ensure that noise complaints and/or potential noise ordinance violations are addressed. If necessary, modifications of the operating characteristics of outdoor dining areas may be required. If any noise complaints and/or noise ordinance violations are not adequately addressed, approvals for outdoor dining areas may be revoked at the discretion of the appropriate review authority.
q. Approval of live entertainment and music (amplified or non-amplified) in outdoor dining areas shall be subject to Table 13-47(a).
r. Lighting for outdoor dining areas shall comply with the following:
i. Lighting levels in the outdoor dining area shall be adequate for safety and security purposes, and shall be turned off when outdoor dining areas are not open for use.
ii. Lighting design and layout shall minimize light spill at any adjacent residential property lines and at other light-sensitive uses. Glare shields or other design features may be required to prevent light spill onto residential properties and other light- sensitive uses.
s. Walls, planters and other barriers associated with outdoor dining areas shall be designed in a way as to not visually enclose the outdoor dining area. Walls, fences and other barriers shall be a maximum of five feet high from finished grade; the lower three and a half feet of the barrier may be solid, however, the upper one and a half feet of the barrier must be open or transparent, outside of the traffic visibility triangle, or as otherwise permitted by the City’s Traffic Division or the Director of Economic and Development Services. Barriers shall not impede traffic visibility from property and public right of way.
t. Barriers or other improvements installed as part of the outdoor dining area shall be consistent with the aesthetics of the subject property. The materials, design, color and any other feature of the outdoor dining area shall complement the design of the subject food or beverage 286
establishment, and surrounding site development. Temporary materials such as plastics, temporary fencing, non-permanent planter areas and temporary barriers shall not be permitted as part of any barriers or other improvements.
u. Landscaping shall be installed around outdoor dining areas to the greatest extent possible. Planter boxes may be used to satisfy this requirement. Landscaping installed as part of an outdoor dining area shall complement existing landscaping onsite and shall comply with the City’s landscape standards and all applicable State and Federal requirements.
v. Outdoor dining shall be permitted in both conforming and nonconforming developments, subject to this Article.
w. The provision of outdoor dining areas shall not result in any customer parking offsite, (including in any adjacent commercial property parking areas, unless off-site parking is approved), with the exception of available on-street public parking. Customer parking shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking-related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee, including, but not limited to, reducing operating hours of the business, reducing interior or exterior seating capacities, hiring an additional employee trained in traffic control to monitor parking lot use and assist with customer parking lot circulation, and/or requiring employees to bike, walk or take public transit.
(2) Development standards for outdoor dining areas within existing setback areas:
a. To the greatest extent possible, outdoor dining areas should maintain a minimum three (3) foot-wide landscape barrier dimension between the dining area, any pedestrian or vehicular path of travel or neighboring property.
b. Any landscaping (including trees) removed as a result of a new proposed outdoor dining area shall be replaced on-site (in similar size), unless determined infeasible by the Planning Division.
(3) Development Standards for Outdoor Dining Areas within private parking areas:
287
a. Outdoor dining areas within existing private parking areas may occupy parking spaces in compliance with Table 13-47 (b). New development may receive a parking credit of up to five parking spaces, or 25% of required parking spaces, whichever is less, to accommodate an outdoor dining area.
b. Outdoor dining areas within private parking areas must comply with all parking lot and circulation standards.
(b) All establishments shall comply with the applicable standards and review procedures indicated in Table 13-47, as well as with all other development standards of the appropriate zoning district.
(c) Seasonal events that include live entertainment, dancing, and/or amplified music may be allowed without a conditional use permit or live entertainment permit provided that it complies with the following standards. Each establishment is limited to four (4) nonconsecutive events per calendar year.
(1) The event shall not exceed one day in duration;
(2) The event shall be conducted entirely indoors; and (3) The event shall comply with Chapter XII, noise control. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 12, 3-2-98; Ord. No. 05-3, § 1e., 2-7- 05; Ord. No. 21-20, § 1, 12-7-21)
13-49. Development standards for establishments within two hundred feet of residentially-zoned property.
Establishments where food or beverages are served that are within two hundred (200) feet of residentially-zoned property shall comply with the following development standards, unless the standards are modified through the issuance of a minor conditional use permit or conditional use permit.
(a) All exterior lighting shall be shielded and/or directed away from residential areas. (b) Outdoor public communication systems shall not be audible in adjacent residential areas.
(c) Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas. 288
(d) Outdoor seating areas shall be oriented away or sufficiently buffered from adjacent residential areas.
(e) For new construction, a landscaped planter area, a minimum of five (5) feet in width, shall be provided as an additional buffer to adjacent residential areas. The planter area shall contain appropriate plant materials to provide an immediate and effective screen. Plant materials shall meet with the approval of the planning division. For remodels, the planning division may also require the construction of a landscaped planter area to buffer adjacent residential areas, if feasible. (f) For new construction, all interior property lines abutting residentially-zoned property shall have a minimum six-foot high masonry wall, as measured from the highest grade. An eight-foot high masonry wall may be required, based on the establishment’s operational characteristics, in order to provide additional protection to adjacent residential uses. A planning application may be required for walls exceeding six (6) feet in height. For remodels, the planning division may also require the construction of a masonry wall to buffer adjacent residential areas, if feasible. (g) Hours of operation for customer service shall not occur any time between 11:00 p.m. and 6:00 a.m.
(h) Truck deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m. (Ord.
No. 97-11, § 2, 5-5-97)
13-50. Development standards for drive-through operations.
Establishments with drive-through operations shall comply with the following development standards, unless the standards are modified through the issuance of a minor conditional use permit.
(a) Drive-through lanes shall not obstruct the circulation routes necessary for ingress or egress from the property, parking areas (including back-out of parking spaces), and pedestrian walkways.
(b) Each drive-through lane shall be striped, marked or otherwise distinctly delineated, and shall be a minimum of eleven (11) feet wide.
(c) On-site entrances to drive-through lanes shall be set back a minimum of twenty- five (25) feet from drive approaches from public or private streets or alleys. (d) Each drive-through lane shall be a minimum of one hundred sixty (160) feet in length, unless modified by the zoning administrator. The length of the drive-through lane shall be measured from its entrance point to the pick-up window. 289
(e) Vehicle stacking areas of drive-through lanes shall be a minimum distance of ten (10) feet from outdoor seating and play areas.
(f) Application for a minor conditional use permit shall include an operation statement indicating the physical improvements and operational measures proposed to minimize idling vehicle emissions.
(g) Establishments within two hundred (200) feet of residentially-zoned property shall also be subject to the development standards contained in section 13-49, Development standards for establishments within two hundred feet of residentially-zoned property. (Ord. No. 97-11, § 2, 5-5-97)
13-51. Applicability.
(a) The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one (1) or more of the conditions described in subsection (b) are met. (b) The provisions of this article shall apply, as appropriate, to any existing use where food or beverages are served under the following circumstances:
(1) A change of operational characteristics that includes one (1) or more of the following items:
a. An extension of the hours of operation for customer service between 11 p.m. and 6 a.m., if the establishment is within two hundred (200) feet of residentially-zoned property.
b. The introduction of the sale of alcoholic beverages for on-site consumption between 11 p.m. and 2 a.m.
c. The introduction of live entertainment or dancing, or the cumulative expansion of one hundred (100) square feet or more of the area devoted to dancing during the lifetime of the establishment.
d. The introduction of drive-through operations or the expansion of the existing drive-through operations.
e. Alterations resulting in a cumulative increase of one hundred (100) square feet or more in the floor area devoted to customer service, e.g., food and/or beverage service or entertainment, during the lifetime of the establishment.
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f. A change from any type of alcoholic beverage control license to any of the following alcoholic beverage control license types: 40 (on-sale beer); 42 (on-sale beer and wine for public premises), 48 (on-sale general for public premises); or 61 (on-sale beer for public premises) provided that the establishment is open for customer service anytime between the hours of 11 p.m. and 2 a.m.
(2) A cumulative expansion of one hundred (100) square feet or more of the gross floor area during the lifetime of the establishment. (3) The construction of new, or additional, outdoor dining area(s). (4) Discretionary review by the final review authority shall be limited to the change in operational characteristics or the expansion in the area devoted to customer service. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00)
CHAPTER VI. OFF-STREET PARKING STANDARDS
ARTICLE 2. NON-RESIDENTIAL DISTRICTS
13-89. PARKING REQUIRED.
The minimum amount of off-street parking as established in Table 13-89 shall be provided at the time:
(a) Any building and/or structure is constructed;
(b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats;
(c) A specific use is proposed for a building site; or (d) An existing use is changed to one which requires additional parking.
At all times, with the exception of the provisions of section 13-98, Declaration of land use restriction, parking shall be provided according to the requirements of Table 13-89.
TABLE 13-89
NON-RESIDENTIAL PARKING STANDARDS
291
USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
Retail; offices; central administrative
offices; establishments where food or
beverages are served with a maximum of
300 square feet of public area 1
4 spaces per 1,000 square feet with a
minimum of 6 spaces 2
Office buildings exceeding 2 stories in
height and 100,000 square feet in area 3 spaces per 1,000 square feet Banks; savings and loans; credit unions 5 spaces per 1,000 square feet with a minimum of 6 spaces
Medical and dental offices; acupressure;
massage
6 spaces per 1,000 square feet with a
minimum of 6 spaces
Furniture and appliance stores with floor
area greater than 5,000 square feet
2 spaces per 1,000 square feet with a
minimum of 20 spaces
Churches; theaters; mortuaries;
auditoriums; services and fraternal clubs
and lodges; amphitheaters and other
similar places of assembly
Within the main auditorium or assembly
area: 1 space for each 3 fixed seats or 1
space for every 35 square feet of seating
area if there are no fixed seats. 18 lineal
inches of bench shall be considered
equal to 1 fixed seat.
Racquetball and tennis facilities
3 spaces per court plus parking required
for incidental uses such as restaurants
which shall be calculated as noted below
Establishments where food or beverages
are served with more than 300 square
feet of public area 1, 4
10 spaces per 1,000 square feet for the
first 3,000 square feet; 2
12 spaces per 1,000 square feet for each
additional 1,000 square feet above the
first 3,000 square feet. 2
Health clubs; spas; figure salons; skating
rinks; game arcades
Parking requirement is 10 spaces per
1,000 square feet
Bowling alleys
3 spaces per lane plus parking required
for incidental uses such as restaurants
which shall be calculated as noted under
“Establishments where food or beverages
are served”
Trade schools; business colleges;
dancing and music academies 10 spaces per 1,000 square feet Motels 1 space for each rentable unit without
cooking facilities. Each rentable unit with
292
USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
cooking facilities shall be governed by
residential parking standards
Hotels
1 space for each 2 rentable units plus 10
spaces per 1,000 square feet for the first
3,000 square feet, and 20 spaces per
1,000 square feet for each additional
1,000 square feet above the first 3,000
square feet for restaurant, banquet,
meeting room and kitchen spaces
Establishments with live entertainment;
i.e., go-go dancers, topless dancers,
bikini dancers
1 parking space for each person for the
first 100 persons as authorized by
capacity signs posted by the fire
department; 1 parking space for each 2
persons for every 101 to 300 persons as
authorized by capacity signs posted; 1
parking space for each 3 persons for
every 301 plus persons as authorized by
capacity signs posted by the fire
department.
Shopping centers with a minimum of
600,000 square feet of contiguous gross
leasable area:
Main structure or group of abutting
structures
Retail 5 spaces per 1,000 square feet of gross
leasable area
Establishments where food or beverages
are served occupying 5% or less of the
total contiguous gross leasable area
1 space per 1,000 square feet of gross
leasable area
Establishments where food or beverages
or served in excess of 5% of the total
contiguous gross leasable area
5 spaces per 1,000 square feet of gross
leasable area
Office Space occupying 10% or less of
the total contiguous gross leasable area None
Office Space in excess of 10% of the total
contiguous gross leasable area
4 spaces per 1,000 square feet of gross
leasable area with a minimum of 6
spaces
Theaters (cumulative)
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USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
750 seats and less 5 spaces per 1,000 square feet of gross leasable area
More than 750 seats
5 spaces per 1,000 square feet of gross
leasable area plus 3 spaces for each
additional 100 seats
Uses within freestanding structures
Establishments where food or beverages
are served
10 spaces per 1,000 square feet of gross
leasable area
All others Pursuant to this table
Mixed use developments
When there are mixed uses within a
single development which share the
same parking facilities, the total
requirement for parking should be
determined as outlined in “City of Costa
Mesa Procedure for Determining Shared
Parking Requirements” which are
included herein by this reference and
which may be amended from time to time
by resolution of the city council. A greater
reduction in parking than would be
allowed under this procedure may be
approved by minor conditional use permit
where it can be demonstrated that less
parking is needed due to the hours of
operation or other unusual features of the
users involved.
For mixed-use developments located in the
mixed-use overlay zone, refer to the applicable
urban plan for parking rates.
Industrial
3 parking spaces shall be provided per
1,000 square feet of gross floor area for
the first 25,000 square feet of building; 2
parking spaces shall be provided per
1,000 square feet of gross floor area
between 25,000 and 50,000 square feet
of building; and one and one-half parking
spaces shall be provided per 1,000
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USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
square feet of gross floor area over
50,001 square feet of building.
Garden centers; plant nurseries
4 spaces per 1,000 square feet of gross
floor area; and 2 spaces per 1,000
square feet of outdoor display area.
Smoking lounges 17 spaces per 1,000 square feet
1 Establishments limited to seating for twelve (12) or fewer persons prior to June 4, 1997, shall remain at that seating limit unless additional parking is provided pursuant to this Zoning Code.
2 The outdoor patio seating area(s) shall not be included in the floor area calculations for purposes of determining the required parking.
3 The final review authority may apply a maximum credit of one parking space due to the provision of bicycle racks. This credit shall only apply to the overall parking supply and not to multiple uses.
When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed thirty (30) spaces per one thousand (1,000) square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building’s occupancy due to design and provision of concentrated uses.
4 When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed thirty (30) spaces per one thousand (1,000) square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building’s occupancy due to design and provision of concentrated uses.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 16, 3-2-98; Ord. No. 02-4, § 1j, 3-18-02; Ord. No. 06-9, § 1g., 4-18-06; Ord. No. 12-4, § 1, 5-15-12; Ord. No. 15-10, § 2C, 9-15- 15; Ord. No. 21-20, § 1, 12-7-21)
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ATTACHMENT 3
November 13, 2023
City of Costa Mesa Municipal Code Amendment No. 2023-XXX
DRAFT VERSION:
Draft Ordinance with “strikethrough” formatting for proposed removed code language and “underline” formatting for proposed added code language.
CHAPTER V. DEVELOPMENT STANDARDS
ARTICLE 4. ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED 13-46. Purpose.
The purpose of this article is to regulate and provide development standards for establishments where food or beverages are served. The proximity of residential uses to these types of establishments is a concern of this article. Where the distance criterion of two hundred (200) feet from residentially-zoned property is given in this article, it shall be measured from the property line of the site to the property line of the nearest residentially- zoned property. This article also establishes requirements for outdoor dining areas to support long-term economic viability of local establishments, promote vitality in the City’s commercial areas , promote progress towards creating walkable communities by facilitating pedestrian- friendly and safe public spaces, and facilitate and incentivize enhanced dining experiences.
(Ord. No. 97-11, § 2, 5-5-97)
13-47. Permitted and conditionally permitted uses.
Establishments where food or beverages are served are subject to the review and approval procedures shown in Table 13-47 (a) and (b). In instances where more than one (1) review procedure is applicable to an establishment, the more stringent procedure shall apply.
TABLE 13-47 (a)
PERMITTED AND CONDITIONALLY PERMITTED USES
296
LOCATION AND
OPERATIONAL
CHARACTERISTICS
C1-S C1 C2 CL TC PD MG MP
Establishments with 300
square feet or less of indoor
public area. 3
P 1,2 or
P P P MC P 1 or
P
P 1 or
P P P
Establishments with more
than 300 square feet of
indoor public area.3
P 1 or
P P P MC P 1 or
P
P 1 or
P MC MC
EXCEPTIONS
Located within 200 feet of a
residential zone. (Subject to
the requirements of
section 13-49, Development
Standards for
Establishments Within 200
Feet of Residentially Zoned
Property)3
P 1 or
P P P MC P 1 or
P
P 1 or
P P P
Sale of alcoholic beverages
for on-site consumption after
11:00 p.m. and/or provision
of live entertainment or
dancing located within 200
feet of a residential zone.3
P 1 or
C C C C P 1 or
C
P 1 or
C C C
Sale of alcoholic beverages
for on-site consumption after
11:00 p.m. and/or provision
of live entertainment or
dancing located not within
200 feet of a residential
zone.3
P 1 or
MC MC MC MC P 1 or
MC
P 1 or
MC MC MC
Drive-through operations.
(Subject to the requirements
of section 13-50,
Development Standards for
Drive-Through Operations)3
P 1 or
MC MC MC MC P 1 or
MC
P 1 or
MC MC MC
Establishments with less
than 300 square feet of
indoor public area located in
a multi-tenant center where
30% or more of the tenants
are similar businesses, i.e.,
establishments with less
than 300 square feet of
indoor public area.3
P 1 or
MC MC MC MC P 1 or
MC
P 1 or
MC MC MC
297
LOCATION AND
OPERATIONAL
CHARACTERISTICS
C1-S C1 C2 CL TC PD MG MP
Establishments with a micro
brewery3
P 1 or
C C C C P 1 or
C
P 1 or
C C C
1 Pursuant to an approved master plan which specifies these operational characteristics and/or location of the business.
2 For the purposes of this table, the symbols shall have the following meaning:
P=Permitted; MC=Minor Conditional Use Permit; C=Conditional Use Permit. 3 Outdoor dining and seating areas may be considered as part of a proposed land use if allowed in the zoning district, and pursuant to the provisions, regulations and standards of this Article.
(Ord. No. 97-11, § 2, 5-5-97)
TABLE 13-47 (b)
Outdoor Dining Area Permitting Process 1
LOCATION OF OUTDOOR AREAS AND
OPERATIONAL CHARACTERISTICS Approval Process
Courtyard Area P2
Setback Area – Expansion of up to 50% of indoor
public area outdoors. 1 P2
Setback Area – Expansion of more than 50% of indoor
public area outdoors. 1 MC2
Parking Area - Expansion of up to 50% of indoor
public area outdoors and does not remove more than
five parking spaces or 25% of existing, required
parking, whichever is less. 1
P2
Parking Area – Expansion of more than 50% of indoor
public area outdoors. 1 MC2
Parking Area - removal of more than five parking
spaces, or removal of more than 25% of existing,
required parking, whichever is less. 1
MC2
1 Temporary Use Permits for outdoor dining areas, including parklets within the public right-of-way, approved through Urgency Ordinance 2020-15 may continue to operate with staff approval; however, shall comply with applicable Building and Fire Code requirements, circulation and parking lot standards, and aesthetic development 298
standards outlined in Section 13-48 within six months from the time of ordinance- adoption, with an allowed six-month extension of time. Outdoor dining areas approved under a temporary use permit shall also be subject to applicable fees. Any modifications to these outdoor dining areas shall be approved pursuant to this Article. 2 For the purposes of this table, the symbols shall have the following meaning:
P=Permitted; MC=Minor Conditional Use Permit.
13-48. General development standards.
Establishments where food or beverages are served are subject to the following development standards.
(a) Existing and newly constructed establishments that propose new outdoor dining areas within courtyard, parking , setback or interior landscaped areas may be approved pursuant to this Article. Development standards provided in Section 13-48 (b)(1) applies to all outdoor dining areas. Additional development standards apply to outdoor dining areas within parking areas (Section 13- 48 (a)(2)) and/or setback areas (Section 13- 48 (a)(3)). Outdoor seating areas are permitted provided that the area does not encroach into required street setback, parking and circulation, or interior landscaped areas; except as approved through the issuance of a minor conditional use permit or as allowed in certain planned development zones. Shade structures for approved outdoor seating areas must comply with all setback requirements but, with approval of a minor conditional use permit, may encroach into the required street setback if it is either attached to the main building (e.g., an awning) or supported with a detached ground-mounted structure.
To allow views to remain open and unobstructed, such detached shade structures shall not obstruct more than fifty (50) percent of the façade area along the property line(s) with either vertical (e.g., posts) or horizontal elements (e.g., planters, sloped awnings) with a minimum twenty-four (24) inches between the shade cover and any fences, walls, or other similar structures such that the outdoor seating area is not enclosed. Additionally, all Building and Fire Code requirements shall be satisfied. (1) Development Standards for all Outdoor Dining Areas:
a. S
ubject to the discretion of the reviewing authority, and where practical, feasible and safe, outdoor dining areas shall be located on a development site with preference given in the order of (1) existing courtyards, plazas, or oversized walkways (2) existing setbacks and (3) existing parking areas.
b. W here practical, feasible and safe and to promote the local vitality, outdoor dining areas shall be located on a development site with preference given to areas that can be seen from the public rights-of-way or pedestrian activity areas, compared to areas that cannot be seen from 299
these locations.
c. O utdoor dining areas shall be maintained in good condition, kept clean and shall not result in conditions which are harmful or injurious to the public health, safety and welfare.
d. O utdoor dining areas shall be removed and the areas returned to previous conditions if the corresponding food and beverage establishment is replaced by a non-food and beverage establishment, or if the outdoor dining area is no longer in use.
e. O utdoor dining areas and their corresponding restaurant must comply with all applicable Building and Fire Safety code requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 at the time of their construction. Outdoor dining areas approved under Urgency Ordinance No. 2020-15 must comply with all applicable Building and Fire Safety requirements, circulation standards, and aesthetic development standards outlined in Section 13-48 within six months from the time of Ordinance No. 2023-0002 adoption, with an allowed six-month extension of time.
f. A ll outdoor dining areas shall observe State and local health guidelines for restaurants.
g. O utdoor dining areas shall not be counted as gross floor area when calculating required parking for an establishment where food or beverages are served.
h. O utdoor dining areas shall be located adjacent to their applicable food or beverage establishment. In this case, “adjacent” includes locations separated from the subject restaurant by a single pedestrian walkway and/or single vehicular drive aisle, or a single pedestrian walkway and/or two parking spaces perpendicular to the building and outdoor dining area. Outdoor dining areas may be located further from the subject restaurant when authorized by a minor conditional use permit.
i. A minimum 4 -foot-wide pedestrian access to the entryways of all establishments on the subject property shall be provided.
j. Pedestrian ingress/egress to the subject establishments or businesses may not be obstructed.
k. A ny proposed outdoor dining area covers (including but not limited to canopies, tents or shade covers) will require Fire and Building Department’s approval prior to installation. and shall not be located 300
within required setbacks. Umbrellas shall be exempt from this requirement. Outdoor dining area covers/structures may encroach into a setback area with approval of a minor conditional use permit. To allow views to remain open and unobstructed, such shade structures shall not obstruct more than fifty (50) percent of the façade area along the property line(s) with either vertical (e.g., posts) or horizontal elements (e.g., planters, sloped awnings) with a minimum twenty-four (24) inches between the shade cover and any fences, walls, or other similar structures such that the outdoor seating area is not enclosed.
l. Outdoor areas may be temporarily enclosed during inclement weather with temporary structures as approved by the City’s Building and Fire Department.
m. O utdoor dining areas may not encroach into drive aisles or other vehicle circulation areas.
n. A ny service of alcoholic beverages in outdoor dining areas will be subject to approval by the California Department of Alcoholic Beverage Control and shall adhere to all requirements and standards implemented by said State agency.
o. O utdoor dining will be required to be closed between 11 PM and 6 AM; unless approved as part of a use permit as indicated in Table 13-47(a).
p. No ise concerns shall be addressed in a timely manner pursuant to Title 13, Chapter XIII of the Costa Mesa Municipal Code. A contact phone number shall be posted at the establishment’s entrance and outdoor dining area so any noise concerns can be reported to the business operator. Outdoor dining areas shall be subject to review by authorized City officials to ensure that noise complaints and/or potential noise ordinance violations are addressed. If necessary, modifications of the operating characteristics of outdoor dining areas may be required. If any noise complaints and/or noise ordinance violations are not adequately addressed, approvals for outdoor dining areas may be revoked at the discretion of the appropriate review authority.
q. A pproval of live entertainment and music (amplified or non- amplified) in outdoor dining areas shall be subject to Table 13-47(a).
r. Li ghting for outdoor dining areas shall comply with the following:
i. Li ghting levels in the outdoor dining area shall be adequate for safety and security purposes, and shall be turned off when outdoor dining areas are not open for use.
301
ii. Lighting design and layout shall minimize light spill at any adjacent residential property lines and at other light-sensitive uses. Glare shields or other design features may be required to prevent light spill onto residential properties and other light- sensitive uses.
s. W alls, planters and other barriers associated with outdoor dining areas shall be designed in a way as to not visually enclose the outdoor dining area. Walls, fences and other barriers shall be a maximum of five feet high from finished grade; the first three and a half feet of the barrier may be solid, however, the last one and a half feet of the barrier must be open or transparent, outside of the traffic visibility triangle, or as otherwise permitted by the City’s Traffic Division or the Director of Economic and Development Services. Barriers shall not impede traffic visibility from property and public right of way.
t. B a rriers or other improvements installed as part of the outdoor dining area shall be consistent with the aesthetics of the subject property. The materials, design, color and any other feature of the outdoor dining area shall complement the design of the subject food or beverage establishment, and surrounding site development. Temporary materials such as plastics, temporary fencing, non-permanent planter areas and temporary barriers shall not be permitted as part of any barriers or other improvements.
u. Lan dscaping shall be installed around outdoor dining areas to the greatest extent possible. Planter boxes may be used to satisfy this requirement. Landscaping installed as part of an outdoor dining area shall complement existing landscaping onsite and shall comply with the City’s landscape standards and all applicable State and Federal requirements.
v. O utdoor dining shall be permitted in both conforming and nonconforming developments, subject to this Article.
w. T he provision of outdoor dining areas shall not result in any customer parking offsite, (including in any adjacent commercial property parking areas, unless off-site parking is approved), with the exception of available on-street public parking. Customer parking shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking-related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee, including, but not limited to, reducing operating hours of the business, reducing interior or exterior seating capacities, hiring an additional employee trained in traffic 302
control to monitor parking lot use and assist with customer parking lot circulation, and/or requiring employees to bike, walk or take public transit.
(2) D evelopment standards for outdoor dining areas within existing setback areas:
a. To the greatest extent possible, outdoor dining areas should maintain a minimum three (3) foot-wide landscape barrier dimension between the dining area, any pedestrian or vehicular path of travel or neighboring property.
b. A ny landscaping (including trees) removed as a result of a new proposed outdoor dining area shall be replaced on-site (in similar size), unless determined infeasible by the Planning Division.
(3) Development Standards for Outdoor Dining Areas within private parking areas:
a. Outdoor dining areas within existing private parking areas may occupy parking spaces in compliance with Table 13-47 (b). New development may receive a parking credit of up to five parking spaces, or 25% of required parking spaces, whichever is less, to accommodate an outdoor dining area.
b. O utdoor dining areas within private parking areas must comply with all parking lot and circulation standards.
(b ) All establishments shall comply with the applicable standards and review procedures indicated in Table 13-47, as well as with all other development standards of the appropriate zoning district.
(c) S easonal events that include live entertainment, dancing, and/or amplified m usic may be allowed without a conditional use permit or live entertainment permit provided that it complies with the following standards. Each establishment is limited to four (4) nonconsecutive events per calendar year.
(1) The event shall not exceed one day in duration;
(2) The event shall be conducted entirely indoors; and (3) The event shall comply with Chapter XII, noise control. 303
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 12, 3-2-98; Ord. No. 05-3, § 1e., 2-7- 05; Ord. No. 21-20, § 1, 12-7-21)
13-49. Development standards for establishments within two hundred feet of residentially-zoned property.
Establishments where food or beverages are served that are within two hundred (200) feet of residentially-zoned property shall comply with the following development standards, unless the standards are modified through the issuance of a minor conditional use permit or conditional use permit.
(a) All exterior lighting shall be shielded and/or directed away from residential areas. (b) Outdoor public communication systems shall not be audible in adjacent residential areas.
(c) Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas. (d) Outdoor seating areas shall be oriented away or sufficiently buffered from adjacent residential areas.
(e) For new construction, a landscaped planter area, a minimum of five (5) feet in width, shall be provided as an additional buffer to adjacent residential areas. The planter area shall contain appropriate plant materials to provide an immediate and effective screen. Plant materials shall meet with the approval of the planning division. For remodels, the planning division may also require the construction of a landscaped planter area to buffer adjacent residential areas, if feasible. (f) For new construction, all interior property lines abutting residentially-zoned property shall have a minimum six-foot high masonry wall, as measured from the highest grade. An eight-foot high masonry wall may be required, based on the establishment’s operational characteristics, in order to provide additional protection to adjacent residential uses. A planning application may be required for walls exceeding six (6) feet in height. For remodels, the planning division may also require the construction of a masonry wall to buffer adjacent residential areas, if feasible. (g) Hours of operation for customer service shall not occur any time between 11:00 p.m. and 6:00 a.m.
(h) Truck deliveries shall not occur anytime between 8:00 p.m. and 7:00 a.m. (Ord.
No. 97-11, § 2, 5-5-97)
13-50. Development standards for drive-through operations. 304
Establishments with drive-through operations shall comply with the following development standards, unless the standards are modified through the issuance of a minor conditional use permit.
(a) Drive-through lanes shall not obstruct the circulation routes necessary for ingress or egress from the property, parking areas (including back-out of parking spaces), and pedestrian walkways.
(b) Each drive-through lane shall be striped, marked or otherwise distinctly delineated, and shall be a minimum of eleven (11) feet wide.
(c) On-site entrances to drive-through lanes shall be set back a minimum of twenty- five (25) feet from drive approaches from public or private streets or alleys. (d) Each drive-through lane shall be a minimum of one hundred sixty (160) feet in length, unless modified by the zoning administrator. The length of the drive-through lane shall be measured from its entrance point to the pick-up window. (e) Vehicle stacking areas of drive-through lanes shall be a minimum distance of ten (10) feet from outdoor seating and play areas.
(f) Application for a minor conditional use permit shall include an operation statement indicating the physical improvements and operational measures proposed to minimize idling vehicle emissions.
(g) Establishments within two hundred (200) feet of residentially-zoned property shall also be subject to the development standards contained in section 13-49, Development standards for establishments within two hundred feet of residentially-zoned property. (Ord. No. 97-11, § 2, 5-5-97)
13-51. Applicability.
(a) The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one (1) or more of the conditions described in subsection (b) are met. (b) The provisions of this article shall apply, as appropriate, to any existing use where food or beverages are served under the following circumstances:
(1) A change of operational characteristics that includes one (1) or more of the following items:
a. An extension of the hours of operation for customer service between 11 p.m. and 6 a.m., if the establishment is within two hundred (200) feet of residentially-zoned property.
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b. The introduction of the sale of alcoholic beverages for on-site consumption between 11 p.m. and 2 a.m.
c. The introduction of live entertainment or dancing, or the cumulative expansion of one hundred (100) square feet or more of the area devoted to dancing during the lifetime of the establishment.
d. The introduction of drive-through operations or the expansion of the existing drive-through operations.
e. Alterations resulting in a cumulative increase of one hundred (100) square feet or more in the floor area devoted to customer service, e.g., food and/or beverage service or entertainment, during the lifetime of the establishment.
f. A change from any type of alcoholic beverage control license to any of the following alcoholic beverage control license types: 40 (on-sale beer); 42 (on-sale beer and wine for public premises), 48 (on-sale general for public premises); or 61 (on-sale beer for public premises) provided that the establishment is open for customer service anytime between the hours of 11 p.m. and 2 a.m.
(2) A cumulative expansion of one hundred (100) square feet or more of the gross floor area during the lifetime of the establishment. (3) The construction of new, or additional, outdoor dining area(s). (4) (3) Discretionary review by the final review authority shall be limited to the change in operational characteristics or the expansion in the area devoted to customer service. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00)
CHAPTER VI. OFF-STREET PARKING STANDARDS
ARTICLE 2. NON-RESIDENTIAL DISTRICTS
13-89. PARKING REQUIRED.
The minimum amount of off-street parking as established in Table 13-89 shall be provided at the time:
(a) Any building and/or structure is constructed;
(b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats;
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(c) A specific use is proposed for a building site; or (d) An existing use is changed to one which requires additional parking.
At all times, with the exception of the provisions of section 13-98, Declaration of land use restriction, parking shall be provided according to the requirements of Table 13-89.
TABLE 13-89
NON-RESIDENTIAL PARKING STANDARDS
USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
Retail; offices; central administrative
offices; establishments where food or
beverages are served with a maximum of
300 square feet of public area 1
4 spaces per 1,000 square feet with a
minimum of 6 spaces 2
Office buildings exceeding 2 stories in
height and 100,000 square feet in area 3 spaces per 1,000 square feet Banks; savings and loans; credit unions 5 spaces per 1,000 square feet with a minimum of 6 spaces
Medical and dental offices; acupressure;
massage
6 spaces per 1,000 square feet with a
minimum of 6 spaces
Furniture and appliance stores with floor
area greater than 5,000 square feet
2 spaces per 1,000 square feet with a
minimum of 20 spaces
Churches; theaters; mortuaries;
auditoriums; services and fraternal clubs
and lodges; amphitheaters and other
similar places of assembly
Within the main auditorium or assembly
area: 1 space for each 3 fixed seats or 1
space for every 35 square feet of seating
area if there are no fixed seats. 18 lineal
inches of bench shall be considered
equal to 1 fixed seat.
Racquetball and tennis facilities
3 spaces per court plus parking required
for incidental uses such as restaurants
which shall be calculated as noted below
Establishments where food or beverages
are served with more than 300 square
feet of public area 1, 4
10 spaces per 1,000 square feet for the
first 3,000 square feet; 2
12 spaces per 1,000 square feet for each
additional 1,000 square feet above the
first 3,000 square feet. 2
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USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
Health clubs; spas; figure salons; skating
rinks; game arcades
Parking requirement is 10 spaces per
1,000 square feet
Bowling alleys
3 spaces per lane plus parking required
for incidental uses such as restaurants
which shall be calculated as noted under
“Establishments where food or beverages
are served”
Trade schools; business colleges;
dancing and music academies 10 spaces per 1,000 square feet Motels
1 space for each rentable unit without
cooking facilities. Each rentable unit with
cooking facilities shall be governed by
residential parking standards
Hotels
1 space for each 2 rentable units plus 10
spaces per 1,000 square feet for the first
3,000 square feet, and 20 spaces per
1,000 square feet for each additional
1,000 square feet above the first 3,000
square feet for restaurant, banquet,
meeting room and kitchen spaces
Establishments with live entertainment;
i.e., go-go dancers, topless dancers,
bikini dancers
1 parking space for each person for the
first 100 persons as authorized by
capacity signs posted by the fire
department; 1 parking space for each 2
persons for every 101 to 300 persons as
authorized by capacity signs posted; 1
parking space for each 3 persons for
every 301 plus persons as authorized by
capacity signs posted by the fire
department.
Shopping centers with a minimum of
600,000 square feet of contiguous gross
leasable area:
Main structure or group of abutting
structures
Retail 5 spaces per 1,000 square feet of gross
leasable area
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USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
Establishments where food or beverages
are served occupying 5% or less of the
total contiguous gross leasable area
1 space per 1,000 square feet of gross
leasable area
Establishments where food or beverages
or served in excess of 5% of the total
contiguous gross leasable area
5 spaces per 1,000 square feet of gross
leasable area
Office Space occupying 10% or less of
the total contiguous gross leasable area None
Office Space in excess of 10% of the total
contiguous gross leasable area
4 spaces per 1,000 square feet of gross
leasable area with a minimum of 6
spaces
Theaters (cumulative)
750 seats and less 5 spaces per 1,000 square feet of gross leasable area
More than 750 seats
5 spaces per 1,000 square feet of gross
leasable area plus 3 spaces for each
additional 100 seats
Uses within freestanding structures
Establishments where food or beverages
are served
10 spaces per 1,000 square feet of gross
leasable area
All others Pursuant to this table
Mixed use developments
When there are mixed uses within a
single development which share the
same parking facilities, the total
requirement for parking should be
determined as outlined in “City of Costa
Mesa Procedure for Determining Shared
Parking Requirements” which are
included herein by this reference and
which may be amended from time to time
by resolution of the city council. A greater
reduction in parking than would be
allowed under this procedure may be
approved by minor conditional use permit
where it can be demonstrated that less
parking is needed due to the hours of
operation or other unusual features of the
users involved.
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USE
PARKING RATIO PER GROSS FLOOR
AREA
(except as noted otherwise)
For mixed-use developments located in the
mixed-use overlay zone, refer to the applicable
urban plan for parking rates.
Industrial
3 parking spaces shall be provided per
1,000 square feet of gross floor area for
the first 25,000 square feet of building; 2
parking spaces shall be provided per
1,000 square feet of gross floor area
between 25,000 and 50,000 square feet
of building; and one and one-half parking
spaces shall be provided per 1,000
square feet of gross floor area over
50,001 square feet of building.
Garden centers; plant nurseries
4 spaces per 1,000 square feet of gross
floor area; and 2 spaces per 1,000
square feet of outdoor display area.
Smoking lounges 17 spaces per 1,000 square feet
1 Establishments limited to seating for twelve (12) or fewer persons prior to June 4, 1997, shall remain at that seating limit unless additional parking is provided pursuant to this Zoning Code.
2 The outdoor patio seating area(s) shall not be included in the floor area calculations for purposes of determining the required parking.
3 The final review authority may apply a maximum credit of one parking space due to the provision of bicycle racks. This credit shall only apply to the overall parking supply and not to multiple uses.
When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed thirty (30) spaces per one thousand (1,000) square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building’s occupancy due to design and provision of concentrated uses.
4 When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed thirty (30) spaces per one thousand (1,000) square feet of floor area of the entire building. Factors that may 310
warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building’s occupancy due to design and provision of concentrated uses.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 16, 3-2-98; Ord. No. 02-4, § 1j, 3-18-02; Ord. No. 06-9, § 1g., 4-18-06; Ord. No. 12-4, § 1, 5-15-12; Ord. No. 15-10, § 2C, 9-15- 15; Ord. No. 21-20, § 1, 12-7-21)
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