Costa Mesa City Council
September 16, 2025

213

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 25-427 Meeting Date: 9/16/25
TITLE: 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 (PLANNING ZONING AND DEVELOPMENT) TO PROVIDE TECHNICAL UPDATES AND CLARIFICATIONS (CODE AMENDMENT PCTY-25-0001) AND A RESOLUTION TO

UPDATE THE PROCEDURE FOR DE TERMINING SHARED PARKING REQUIREMENTS AND

FINDING OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: CAITLYN CURLEY AND FROYLAN GARCIA , ASSISTANT PLANNERS AND

DANIEL INLOES, AICP, ECONOMIC DEVELOPMENT ADMINISTRATOR

CONTACT INFORMATION: CAITLYN CURLEY, 714-754-5692,
[email protected]
RECOMMENDATION:

Planning Commission Recommends the City Council:

1. Find that the project is Exempt from the California Environmental Quality Act (CEQA ), Section 15061(b)(3) (“Common Sense Exemption”); and

2. Introduce for first reading, by title only, Ordinance No. 202 5-XX approving Code Amendment PCTY-25-0001, amending Title 13 of the Costa Mesa Municipal Code (P lanning, Zoning, and Development) to modify the City’s Zoning Code to provide technical updates and clarifications.

3. Adopt Resolution No. 2025-XX amending the City of Costa Mesa Procedure for Determining Shared Parking Requirements table to reflect current parking trends.

APPLICANT OR AUTHORIZED AGENT:

The subject Zoning Code amendment is City-initiated.

BACKGROUND:

Periodic updates to the Zoning Code are a necessary component of proper city planning as cities update their zoning codes to meet state law, clarify code sections, align the Code to current practices and procedures, and modify procedures to increase efficiency in entitlement and permit reviews.

Zoning Code amendments allow the City to effectively and accurately implement the Zoning Code and state law. The purpose of this Zoning Code amendment is to codify requirements currently located outside the Zoning Code, to clarify Zoning Code language where necessary, provide clarification based on past practice, and to conform to recent revisions and requirements of state law. The modifications 214

Item #: 25-427 Meeting Date: 9/16/25

included in this Zoning Code Amendment are technical or “clean-up” revisions, based on established documents and practices, and are not intended to constitute changes in City policy.

The Zoning Code provides land use and development standards that regulate structures and uses throughout the City. Over the years , as staff applies the Zoning Code to individual projects , interpretations are made to account for instances of imprecise language that are documented in Zoning Administrator Determinations. These determinations allow for projects to proceed without having to wait on a zoning code clean-up but are merely a temporary fix since the intent is for the determinations to be codified. State regulations are also enacted outside of the Code, and staff have identified several state regulations that require additional updates to the Zoning Code.

Over time, the City has created several interpretations and procedural documents that exist outside of the Zoning Code. These documents include the Walls, Fences , and Landscaping Standards, Zoning Administrator Determinations (described below), and Urgency Ordinance 2021-21 which implemented the State’s SB 9 regulations (Attachment 8). This code amendment would codify these documents.

The code amendment also includes modifications to some sections of the Zoning Code to align with current State law and provides minor clarifications based on past practice.

Zoning Administrator Determinations are in terpretations of the code that provide clarification and ensure consistent interpretation for sections of the Zoning Code that are ambiguous or for uses and developments that are not regulated in the Code. Many of these Zoning Administrator Determinations are used regularly by planning staff in day-to-day operations, for example determinations that establish placement requirements for HVAC units (air conditioners) or pool equipment. Although these Zoning Administrator Determinations function similarly to ot her regulating documents , such as the Zoning Code, keeping these procedures separate from the Zoning Code confuses and reduces the transparency of City requirements and regulations.

The proposed Zoning Code Amendment includes minor technical modifications within the following sections of Title 13 of the Costa Mesa Municipal Code:

 Chapter I, Section 13-6: Definitions
 Chapter III, Section 13-28: Types
 Chapter IV, Section 13-30: Purpose
 Chapter V, Section 13-32: Development Standards
 Chapter V, Section 13-35: Accessory Dwelling Units
 Chapter V, Section 13-36: Two-Unit Housing Development  Chapter V, Section 13-41: Residential Common Interest Development Standards and Requirements
 Chapter V, Section 13-42.3: Development Standards and Requirements  Chapter V, Section 13-74: Elevation and Screening Requirements  Chapter V, Section 13-75: Fences and Walls
 Chapter VI, Section 13-89: Parking Required
 Chapter VIII, Section 13-111: Definitions
 Chapter IX, Section 13-142: Development Standards
 Chapter XII, Section 13-265.5: Parcel Maps for Urban Lot Splits

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This Zoning Code amendment also includes updating the City of Costa Mesa Procedure for Determining Shared Parking Requirements table by adding 12 additional uses to the table and updating the hourly adjustments for all listed uses with the most current industry standard sources.

The proposed updates to the City’s shared parking requirements table do not change the methodology of how the table was developed, do not alter the procedure on how the table is used, and do not alter the City’s codified parking ratios.

Previous Hearings

On June 23, 2025, the Planning Commission received a presentation and provided feedback on the proposed technical code clean-ups. Agenda details for the meeting are found in the following link:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7443282&GUID=AE089610-AFA1- 4E8F-AA29-232D3985B67B

On July 28, 2025, the Planning Commission reviewed the proposed Zoning Code amendments. The Planning Commission supported the ordinance with minor modifications and voted 6-0 to recommend that the City Council adopt the ordinance . Item 11 , updating the Procedures for Determining Shared Parking Requirements , was not discussed but continued to the August 25, 2025, Planning Commission meeting. Agenda details for the meeting are found in the following link:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7493951&GUID=CC465AE1-17DB- 42DC-AFFE-DE83EDDAF04B

On August 25, 2025 , the Planning Commission reviewed the proposed updates to the City’s Procedures for Determining Shared Parking Requirements (Item 11). The Planning Commission supported the updates and voted 6-1 to recommend that the City Council adopt the updates. Agenda details for the meeting are found in the following link:

https://costamesa.legistar.com/LegislationDetail.aspx?ID=7523284&GUID=FF0780B3-2DE6-4E7A- 8080-BD65D94B9465

ANALYSIS:

The following di scussion outlines the proposed revisions to the Zoning Code . The comprehensive strikethrough version is included as Attachment 4.

Item 1: Fences and Walls

The City Council adopted standards for fences and walls in 1991 and approved revisions to these standards in 2001. While these standards, referred to as the Walls, Fences and Landscaping Standards (Attachment 6), were approved by City Council, they were never added to the Zoning Code, but referenced within the Zoning Code to a separate document. Planning Commission Recommends:

1. Incorporate the Walls, Fences, and Landscaping Standards into the code.

2. Provide clarity where the standards are ambiguous, like clarifying commercial fence standards.

3. Remove allowances for height increases for walls within front setbacks as part of a minor modification,

4. Modestly increase the height limit of walls near the front of a property to four feet.

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These changes are proposed to consolidate City regulations, improve efficiency of application reviews, provide clarity on current standards, and create objective, rather than subjective, design standards, as required by State law.

Staff Alteration

At its July 28, 2025, hearing, the Planning Commission recommend that R-1 district be included in the fencing standards found in CMMC 13-75. The recommended action at the hearing was removing the phrase “except in the R-1 zone” from Section 13-75(a) of the proposed Fences and Walls ordinance.

However, since that section has specific requirements unique to multi -family zones staff created a separate subsection for R-1 zones (13-75(b)) instead. This format implements Planning Commissions direction and appropriately preserves fencing standards for each zone type.

 The text of section 13-75(a)(1) and 13-75(a)(2), as provided at the July 28 Planning Commission meeting, to become Section 13-75(b)(1) and 13-75(b)(2), with the rest of the citations modified to account for the addition of a new Section 13-75(b).
 For clarity and brevity, staff also recommend modifying Section 13 -75(f) to read “In non - residential zones” rather than “In commercial, industrial and institutional zones.”

Affected sections:
 13-28: Types
 13-75: Fences and Walls

Item 2: Group and Individual Counseling

Over the past couple of decades, the Zoning Administrator has made several written determinations related to group and individual counseling. Ultimately, these Zoning Administrator Determinations created the following requirements:

 Group counseling is substantially similar to the “Trade and Vocational Schools” use in terms of operating characteristics and parking demand.
 Individual counseling is substantially similar to the “General Office” use in terms of operating characteristics and parking demand.

These Zoning Administrator determinations established a parking rate of 10 spaces for every 1,000 square feet of gross floor area for group counseling and a parking rate of four spaces for every 1,000 square feet of gross floor area for individual counseling. It was also determined that the two types of counseling businesses would be permitted, conditionally permitted , or prohibited based on their corresponding related use that appears in the land use matrix. The proposed Zoning Code Amendment defines individual counseling to differentiate between group and individual counseling, adds individual counseling to the Citywide Land Use Matrix (Section 13 -30), aligns with the requirements of the “General Office” use, and also codifies the previously established parking rate for individual and group counseling, separately. These changes are proposed to consolidate City regulations, improve application review times , and create objective, rather than subjective, development standards, as required by State law.

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At July 28, 2025 , Planning Commission hearing, the Planning Commission recommended implementing the Zoning Administrator’s determination with a small modification. They recommended setting a parking rate of four parking spaces per 1,000 squ are feet of gross floor area for group counseling, rather than the 10 parking spaces per 1,000 square feet of gross floor area established by the Zoning Administrator Determination.

Table 1: Existing and Proposed Counseling Development Standards Development
Standard
Individual Counseling Group Counseling
Existing Proposed Existing Proposed
Land Use
Category
General Office General Office
/Individual
Counseling
Trade and
Vocational
School
Trade and
Vocational
School / Group
Counseling
Code Required
Parking Rate
4 spaces / 1,000
SF Gross Floor
Area
4 spaces / 1,000
SF Gross Floor
Area
10 spaces /
1,000 SF Gross
Floor Area
4 spaces /
1,000 SF
Gross Floor
Area

Affected sections:
 Chapter I, Section 13-6: Definitions
 Chapter IV, Section 13-30: Purpose
 Chapter VI, Section 13-89: Parking Required

Item 3: Exposed Pipes and Conduits

In 2008, the Zoning Administrator issued a determination that new pipes, conduits, ducting, and other plumbing and mechanical elements should not be present on the exterior of buildings where visible from off-site, adjacent buildings, private yards, or common space. This policy was created to encourage building facades without pipes or other elements that may deteriorate over time and negatively impact the appearance of the building . This determination was implemented due to a common practice of installing new pipes for plumbing repairs or fire sprinklers, ductwork for HVAC systems, or other items on the exterior of a building’s walls or roof rather than within the structure. The proposed Zoning Code Amendment codifies this Zoning Administrator Determination by prohibiting plumbing pipes, vents, ducting, fire sprinkler systems , and electrical cond uits from being installed on exterior walls of a building. The code amendment provides an objective exception for existing pipes and conduits, which permits existing elements to be painted to match the wall or roof to satisfy the requirement. However, if the wall or roof on which the pipe or other element will be placed is structurally altered or demolished, then the work does not qualify for the objective exception , and the element must be placed within the interior of the building. These changes are propo sed to consolidate City regulations, remove unnecessary financial burdens on property owners, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
 Chapter V, Section 13-74: Elevation and Screening Requirements

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Item 4: Antenna Screening

In 2015, the Zoning Administrator clarified Code related to the screening of antenna and their support structures. The Zoning Administrator acknowledged that, while the Zoning Code is clear that antennas themselves must be screened, it is unclear if their support structures and equipment need to be screened as well. While existing State and Federal laws related to antennas, including the Telecommunications Act of 1996 and AB 57 do not preclude cities from requirin g screening, they do identify strict review timelines (also known as a “shot clock”) and parameters under which a telecommunications facility application could be denied (i.e. , screening requirements cannot be the sole basis to deny an application). The proposed Zoning Code Amendment clarifies that screening is required for ground-mounted antennas and any support structures and equipment. This change is proposed to consolidate City regulations, reduce the presence of unsightly uses within the City, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
 Chapter IX, Section 13-142: Development Standards

Item 5: SB 9 Ordinance

California Senate Bill (SB) 9 took effect on January 1, 2022. SB 9 permits the subdivision of Single - Family Residentially zone parcels into no more than two parcels, and the construction of two units on each parcel. In response to this law, the City passed Urgency Ordinance No. 2021-21, which adopted the requirements outlined in SB 9. The updated regulations of Urgency Ordinance No. 2021 -21 were not added to the Zoning Code. The proposed Zoning Code Amendment integrates the requirements outlined in Urgency Ordinance No. 2021 -21 and provides three points of clarification, specifically related to driveways on subdivided parcels, the number of units permitted on properties under SB 9 , and minimum parking requirements. These changes are proposed to align the City’s Zoning Code with State law.

Affected sections:
 Chapter V, Section 13-36: Two-Unit Housing Development  Chapter XII, Section 13-265.5: Parcel Maps for Urban Lot Splits  Urgency Ordinance No. 2021-21

Item 6: Accessory Dwelling Units

The City’s latest Accessory Dwelling Unit (ADU) ordinance update went into effect on May 1, 2025.

Subsequent conversations with HCD required further minor amendments to the City’s ADU requirements to meet State law. Staff met with HCD on May 14, 2025, to further discuss these changes, and HCD staff acknowledged that the ordinance substantially met state requirements, and the minor revisions suggested did not necessitate the need to issue a formal letter to the City. These amendments most notably include cla rification that ADUs and JADUs (Junior Accessory Dwelling Units) do not trigger a requirement for fire sprinklers in the main residence and increased the objectivity of requirements regarding stairways leading to second story ADUs. These changes are proposed to align the City’s Zoning Code with State law.

Affected sections:
 Chapter V, Section 13-35: Accessory Dwelling Units
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Item 7: Contiguous Window Area

In 2008, the Zoning Administrator issued a determination clarifying the definition of “contiguous window area” within the Zoning Code to encourage individual windows to maintain their transparency. The code is seeking to limit cluttered window signage. S pecifically, this code amendment helps provide clarity on calculating allowable sign coverage on windows. The proposed Zoning Code Amendment includes additional language to the existing definition of “contiguous window area” for improved clarity, along with the addition of a new diagram (see below) to serve as a visual aid. The proposed changes aim to objectively define the limits of “contiguous” and establish a maximum width for mullions and other elements to still be considered contiguous window area. These changes are proposed to consolidate City regulations, improve efficien cy of application reviews, provide clarity on current standards, and create objective, rather than subjective, design standards, as required by State law.

Figure 1: Example of Contiguous Window Area

Affected sections:
 Chapter VIII, Section 13-111: Definitions

Item 8: Mechanical Rooms

In 2017, the Zoning Administrator made a determination that allows deduction of the square footage of electrical and mechanical rooms from the gross area calculation, specifically for the purpose of calculating parking requirements. The determination may reduce the parking requirements with the understanding that mechanical rooms cannot be used for any purpose other than to store mechanical equipment. The proposed Zoning Code Amendment deducts the square footage of mec hanical and electrical equipment, along with the typically required clearance, from the gross floor area of a building.

These changes are proposed to consolidate City regulations, improve efficiency of application reviews, incentivize the location of mechanical equipment indoors, and create objective, rather than subjective, design standards, as required by State law.

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Affected sections:
 Chapter VI, Section 13-89: Parking Required

Item 9: Screening of Ground-Mounted Equipment

The Zoning Code itself currently offers limited guidance on the placement of ground-mounted electrical and mechanical equipment. In 2017, a Zoning Administrator Determination established placement standards and recommended mitigation measures for ground-mounted mechanical equipment when distance requirements cannot be met in residential zones. The proposed Zoning Code Amendment incorporates the Zoning Administrator's determination into the Zoning Code, with adjustments to account for new State laws . This update would codify the placement and screening standards previously established and also modify the language to address setbacks related to mechanical equipment associated with Accessory Dwelling Units (ADUs) and SB 9 projects. These changes are proposed to consolidate City regulations, reduce the presence of unsightly development within the City, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:

 Chapter V, Section 13-74: Elevation and Screening Requirements

Item 10: Raised Decks

Currently, the Zoning Code is silent regarding raised decks in residential zones. According to the Zoning Code, structures under six and a half feet in height in the R1 zone , and 15 feet in multifamily zones, are permitted to have zero side and rear setbacks. The proposed Zoning Code Amendment would require that all raised decks with a finished floor height of more than 18 inches above finished grade comply with the main structure setbacks established in the appli cable zone. This amendment will ensure that elevated decks are appropriately distanced from property lines, therefore reducing visibility into neighboring yards and preserving the privacy of neighboring properties. These changes are proposed to protect the privacy of residents and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
 Chapter V, Section 13-32: Development Standards
 Chapter V, Section 13 -41: Residential Common Interest Development Standards and Requirements
 Chapter V, Section 13-42.3: Development Standards and Requirements

Item 11: Shared Parking Requirements Table Update

The Zoning Code requires new developments, major remodels, and new tenants to provide a minimum number of parking spaces based on the property’s land use, as outlined in Table 13 -89 for non-residential uses and Table 13 -85 for residential. For mixed-use sites, parking is calculated using the City’s Shared Parking Table, which applies use -specific hourly demand factors to determine true peak demand for weekdays and weekends. The higher value becomes the code - required parking for the development.

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The Shared Parking Table, adopted in 1985, has served the City for 40 years, but no longer reflects current land use patterns. Over time, retail, restaurant, and fitness uses have diversified, creating new operational and parking characteristics not represented in the original table. Without specific factors for these uses, staff must rely on conservative flat demand rates, leading to unnecessary parking requirements, deviation requests, or lost business opportunities.

The update follows the same methodology as the existing table but uses current industry data from the Urban Land Institute (Shared Parking, 3rd Ed.) and the Institute of Transportation Engineers (Parking Generation, 6th Ed.). We refined existing use categories, added new ones based on Costa Mesa’s Land Use Matrix and common local business types, and verified results with case studies and field observations. Both case studies showed that the updated table more accurately predicted demand and revealed on-site parking surpluses.

The proposed amendment to the City’s Shared Parking Requirements table adds new land uses, updates to the existing uses, and updates demand factors; all to improve the accuracy of parking demand calculations. The proposed update adds 12 additional uses to the table. Some broad categories from the 1980s table, like retail, office, and restaurant, are now broken into smaller, more specific subcategories. Retail and restaurant categories, for example, have diversified into specialized subcategories with distinct operating and parking characteristics. Similarly, new popular uses were not represented i n the original model. These include uses that were not previously considered, such as physical fitness facilities, dance studios, and event centers; business types that are now common in many mixed -use developments. This change accounts for differences in operating hours and customer patterns within these groups, resulting in a more accurate and fairer estimate of parking needs.

To determine the effectiveness of the proposed updates, staff conducted two case studies and compared them to the current Shared Parking Requirements table. The results of the case studies are shown in Table 2. Case Study 1 is a large shopping center consisting of a supermarket and grocery store, restaurants, medical offices, smaller retail tenants, and physical fitness studios. Case Study 2 is a medium commercial center with smaller retail tenants, medical offices, and restaurants.

Table 2: Summary of Case Study Results
Case Study 1 Case Study 2
Code Required Parking 1123 parking spaces 250 parking spaces 1980s Shared Parking
Demand
1110 parking spaces 234 parking spaces
Proposed Shared Parking
Demand
960 parking spaces 209 parking spaces
Parking Provided On-Site 1011 parking spaces 225 parking spaces Parking Surplus with New
Data
51 parking spaces 16 parking spaces

In both test cases, the new summary table more accurately reflected the parking demand onsite based on site observations throughout the year and specific site assessments during the development of this report. To determine the accuracy of the proposed update s, staff conducted site visits on the weekend and weekdays at the identified peak parking demand hour s, which were noon and 1:00 p.m. for Case Study 1, and 6:00 p.m. and 1:00 p.m. for Case Study 2. In both case studies, Staff observed a parking surplus on -site at peak demand hours on both weekends and 222

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weekdays. Furthermore, not only did the new demand data result in a lower parking demand than the data from the 1980s , but it also resulted in a parking surplus at the site, therefore increasing flexibility at the sites for future uses.

The benefits of this update are:

 Maximized efficiency – Aligns parking supply with actual demand, reducing overbuilt parking while accommodating peak use periods.
 Optimized land use – Frees property area for revenue -generating uses, public amenities, or landscaping.
 Economic development – Expands the variety of businesses that can operate without costly parking deviations, fostering a business-friendly environment.  Data-driven decisions – Uses current, industry-standard data to provide predictable, transparent parking requirements for applicants and staff.
 Cost savings – Lowers maintenance and construction costs for parking infrastructure.  Support for mixed -use and adaptive reuse – Facilitates redevelopment and revitalization of existing properties in line with General Plan goals.

The Code cites the City’s Procedure for Determining Shared Parking Requirements as the resource for establishing parking requirements for mixed -use developments. The Code also allows for this procedure to be updated from time to time by resolution.

The City’s Shared Parking Requirements table adds new land uses, updates to the existing uses, and updates demand factors; all to improve the accuracy of parking demand calculations. The goal of the Shared Parking Requirements table aims to present a realistic picture of true parking demand based on contemporary land use patterns.

ENVIRONMENTAL DETERMINATION:

The proposed amendments are 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 technical updates to the City’s Municipal Code provisions or shared parking requirements will have a significant impact on the environment.

Items 1 through 10 are incorporating documents, interpretations and state law that already exist and are being implemented therefore, there is no potential for these amendments to have any significant impact on the environment.

Amendment Item 11 has been reviewed under the California Environmental Quality Act (CEQA). Staff recommends a finding of exemption pursuant to Section 15061(b)(3), the “Common Sense Exemption,” which applies when it can be seen with certainty that there is no possibility of significant environmental effects.

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This update is amending the shared parking table that already exists in the City’s Municipal Code and has long been used to calculate parking d emand. The proposed amendment simply refines this tool by updating hourly demand distributions and expanding the list of uses to reflect current development patterns. These refinements improve the accuracy of parking calculations without altering the underlying methodology, land use entitlements, floor area limits, or codified parking ratios.

Development capacity remains constrained by existing FAR standards and the Land Use Matrix, ensuring no increase in allowable intensity.

By providing more accurate estimates, the amendment reduces the risk of spillover parking, overbuilt lots, and associated traffic or greenhouse gas impacts. It may also lessen impervious surface, stormwater runoff, and heat island effects, while allowing greater flexibility for landscaping, pedestrian paths, and bicycle circulation. Case studies included in the analysis substantiate these benefits.

Accordingly, it can be seen with certainty there is no possibility of significant environmental effects, and the project is exempt under CEQA Section 15061(b)(3).

ALTERNATIVES:

1. Approve with modifications. The City Council may recommend approval with modifications , provided that the revisions are consistent with State law.

2. Deny the amendments. The City Council may choose not to adopt the proposed Zoning Code Amendments and updates to the Shared Parking Requirements , leaving all documents unchanged.

3. Continue the item 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 amendments will help increase efficiency in the building permit process by making the City’s code clearer and more predictable. This will allow for a more efficient plan check and permitting process, which may lead to faster permit issuance. Additionally, updates to the shared parking requirements table is not anticipated to have a significant increase to the City’s revenue as a direct impact, however it may result in a more diverse collection of uses within sites with multiple uses, allow for more uses that are currently in demand, and therefore encourage the continual investment within Costa Mesa, which in turn will support our long-term fiscal sustainability goals.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approves it as to form.

PUBLIC NOTICE:

Pursuant to Government Code Section 65853, a public notice was published once in the Daily Pilot newspaper no less than 10 days prior to September 16, 2025, public hearing.

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Any public comments received for the September 16, 2025, City Council meeting may be viewed at this link: CITY OF COSTA MESA - Calendar (legistar.com)

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:

 Diversify, Stabilize, and Increase Housing to Reflect Community Needs  Achieve long-term fiscal sustainability

CONCLUSION:

The proposed Zoning Code Amendment provides technical updates and clarifications that are consistent with the General Plan and State law. This is intended to improve the efficiency of the plan development review process and encourage high -quality development within the City of Costa Mesa while minimizing effects on neighboring properties.

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ATTACHMENT 1
ORDINANCE NO. 2025-xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTERS I, III, IV, V, VI, VII, IX X AND XI OF TITLE 13 (PLANNING ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL

CODE (PLANNING ZONING AND DEVELOPMENT) TO PROVIDE TECHNICAL UPDATES AND CLARIFICATIONS (CODE AMENDMENT PCTY-2025-0001)

THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:

WHEREAS, the Zoning Code (Title 13 of Costa Mesa Municipal Code) sets the zoning and land use regulations for the City of Costa Mesa in general; and WHEREAS, the purpose of this code amendment is to codify external documents, to clarify Zoning Code regulations where necessary, and to conform to recent revisions to and requirements of State law; and
WHEREAS, regular updates to the Zoning Code are needed to ensure consistency between various sections, provide clarifications, and reflect the latest S tate code regulations; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 28, 2025 with all persons having the opportunity to speak for and against the proposal; and
WHEREAS, the Planning Commission recommended that the City Council adopt this ordinance updating the Zoning Code as set forth herein on a 6-0 vote; and, WHEREAS, the City Council held a public hearing on September 16th , 2025 with all persons having the opportunity to speak for and against the proposal.

Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Zoning Code Amendment. Title 13, Chapter I, Section 13-6: Definitions, Chapter III, Section 13-28: Types, Chapter IV, Section 13-30: Purpose, Chapter V, Section 13-32: Development Standards, Chapter V, Section 13-35: Accessory Dwelling Units, Chapter V, Section 13-36: Two-Unit Housing Development, Chapter V, Section 13-41:

Residential Common Interest Development Standards and Requirements, Chapter V, Section 13-42.3: Development Standards and Requirements, Chapter V, Section 13-74:

Elevation and Screening Requirements , Chapter V, Section 13-75: Fences and Walls, 226

Ordinance No. 2025-xx Page 2 of 77
Chapter VI, Section 13-89: Parking Required, Chapter VIII, Section 13-111: Definitions, Chapter IX, Section 13-142: Development Standards, and Chapter XII, Section 13-265.5:

Parcel Maps for Urban Lot Splits, of the Costa Mesa Municipal Code are hereby amended as set forth in Exhibit A, attached hereto.

Section 2. Compliance with CEQA. Pursuant to the California Environmental Quality Act (CEQA), this ordinance is exempt from the provisions of the CEQA under CEQA Guidelines Section 15061(b)(3) (“Common Sense Exemption”) as it can be seen with certainty that these minor amendments to the Zoning Code will not have a significant effect on the environment.

Section 3. Inconsistencies. Any provision of this Ordinance which is inconsistent with state law shall be interpreted in a manner to be consistent with state law. 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 effect the provisions of this Ordinance.

Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 5. Effective Date. This Ordinance shall take effect on the 31st day after adoption.

Section 6. Certification. The Mayor shall sign and 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.

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Ordinance No. 2025-xx Page 3 of 77

PASSED AND ADOPTED this ___day of _____, 2025.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

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Ordinance No. 2025-xx Page 4 of 77

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2025-xx was duly introduced for first reading at a regular meeting of the City Council held on the ____day of _________ 2024, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the ___ day of _________, 2025, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this ___ day of ___________, 2025.

__________________________
Brenda Green, City Clerk
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Section 13-6 Definitions.

Abutting. Sharing a common boundary, of at least one point contiguous to, having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street).

Accessory building. A building or part of a building which is subordinate to, and the use of which is incidental to that of the main building or use on the same lot.

Accessory dwelling unit (ADU). See Chapter V, Article 2, section 13-35.

Accessory use. A use incidental and subordinate to and devoted exclusively to the main use of the land or building thereon that does not change the character of the structure or use.

Accessory use, residential. A use that is a part of, and clearly incidental and secondary to, a residence; located on the same lot as a residence; and that does not change the character of the residential use such as:
(a) Accessory dwelling unit (ADU)
(b) Home occupations
(c) Personal property sales (i.e., garage or yard sales).

Adjacent. Same as abutting, but also includes properties which are separated by a public right-of-way, not exceeding 120 feet in width.

Administrative adjustment. A discretionary entitlement, usually granted by the zoning administrator, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings.

Adult business. See Chapter IX, Special Land Use Regulations, Article 1, Adult Businesses, for specific definitions and terms.

Alcoholism or drug abuse recovery or treatment facility. Adult alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to section 11834.01 of the California Health and Safety Code. Alcoholism or drug abuse recovery or treatment facilities are a subset of residential care facilities.

Alteration (structure). Any construction, addition or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in the appearance of any structure, except paint.

Ambient noise level. The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

Antenna. Any structure, including, but not limited to, a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purpose of receiving or transmitting communication to or 230

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from another antenna, device or orbiting satellite, as well as supporting equipment necessary to install or mount the antenna.

Antenna, amateur radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Antenna, communication. All types of receiving and transmitting antennas, except satellite dish antennas and amateur radio antennas. Communication antenna includes, but is not limited to, cable television antennas, cellular radiotelephone cell antennas, FM digital communication antennas, microwave telephone communication antennas, and shortwave communication and other similar antennas.

Antenna height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended.

Antenna, satellite dish. An antenna intended for the purpose of receiving or transmitting communication to or from an orbiting satellite.

Antenna, whip. An antenna and its support structure consisting of a single, slender, rod- like element which is supported only at or near its base.

Apartment. A rental or lease dwelling having kitchen facilities in a structure designed or used to house at least one family, as the term "family" is defined in this Zoning Code.

Assembly use. A use conducted in a structure or portion of a structure for the purpose of a civic, education, political, religious, or social function or for the consumption or receipt of food and/or beverages. Assembly use includes, but is not limited to, churches and other places of religious assembly, mortuaries, primary and secondary schools, trade and vocational schools, colleges, amusement centers, billiards parlors, bowling centers, establishments where food or beverages are served, motion picture theaters, physical fitness facilities, skating rinks, and dance, martial arts, and music studios.

Assembly use does not include sexually oriented businesses.

Association (homeowners'). The organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a common interest development and who have interests in the control of common areas of such project.

Attached (structure). Any structure that has a wall or roof in common with another structure.

Attic. Any non-habitable area immediately below the roof and wholly or partly within the roof framing.

Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding the sun or providing an architectural accent.

Basement. A space wholly or partially underground and having more than 1/2 of its height, measuring from floor to ceiling, below the average grade. If the finished floor level directly above the basement is more than four feet above grade at any point, the basement shall be considered a story.
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Boardinghouse. A dwelling unit, other than a hotel, wherein rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the dwelling unit. Boardinghouse, small means two or fewer rooms being rented to a maximum of three occupants per dwelling unit. Boardinghouse, large means three to six rooms being rented to a maximum of six occupants per dwelling unit. Boardinghouses renting two or fewer rooms and having more than three occupants, or renting more than six rooms and/or having more than six occupants, per dwelling unit are prohibited.

Building. Any structure having roof and walls and requiring permanent location on the ground, built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

Building height. The distance from the finished grade (as defined in this section) to the highest point on the roof, including roof-top mechanical equipment and screening.

Building, main. The building or buildings within which the principal use permitted on the lot is conducted.

Carport. A permanent, roofed structure, not completely enclosed which is used for vehicle parking.

Central administrative office. An establishment primarily engaged in management and general administrative functions performed centrally for other establishments of the same company.

Churches and other places of religious assembly. A type of assembly use which has the principal purpose of religious worship and for which the primary space is a sanctuary.

Religious activities and services held in the sanctuary are conducted at scheduled times. The use may also include accessory facilities in the same or separate building that includes classrooms, assembly rooms, restrooms, kitchen, and a library. Other uses such as, but not limited to, day care facilities, nursery schools, schools, retail sales, and services to businesses, are not considered a primary function of churches and other places of religious assembly.

Cigar bar. See Smoking lounge.

City. City of Costa Mesa.

Common area. Those portions of a project area which are designed, intended or used in common and not under the exclusive control or possession of owners or occupants of individual units in planned development projects or common interest developments.

Common interest development. A development as defined in State Civil Code section 1350, containing two or more common interest units, as defined in Civil Code section 783; a community apartment project, as defined in State Business and Professional Code section 11004, containing two or more rights of exclusive occupancy; and a stock cooperative, as defined in Business and Professional Code section 11003.2, containing two or more rights of exclusive occupancy.

Conditional use permit. A discretionary approval usually granted by the planning 232

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commission which allows a use or activity not allowed as a matter of right, based on specified findings.

Convenience stores, mini-markets. A retail store, generally less than 10,000 square feet in area, that sells a variety of convenience foods, beverages and non-food items. Fresh dairy products, produce and/or meat may be offered on a limited basis.

County. County of Orange.

Covered parking space. A garage, carport or parking space which is completely covered by a roof.

Density bonus. A minimum increase of 25% over the allowable residential dwelling unit density as specified by the zoning classification.

Development. The division of land into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Development review. The processing of a development plan when authority for approval is vested in the planning division.

Development services department means the Development Services Department of the City of Costa Mesa.

Development services director. The director of development services of the City of Costa Mesa, or his or her designee.

Disabled shall have the same meaning as handicapped.

Dormer. A vertical window in a projection built out from a sloping roof.

Driveway, common. A paved area for vehicle circulation and parking purposes which features joint use between two or more parties.

Driveway, individual. The paved area strictly leading to the garage/carport of a residence. This paved area serves vehicle parking purposes and does not extend beyond the garage/carport unless a curvilinear design is necessary for the turning radius.

Dwelling, single-family. "Dwelling, single-family" or "single-family dwelling" is a building of permanent character placed in a permanent location which is designed or used for residential occupancy by one family. A single mobile home on a foundation system on a single lot is a single-family dwelling. (See Manufactured housing).

Dwelling, multi-family. "Dwelling, multi-family" or "multi-family dwelling" is a building or buildings of permanent character placed on one lot which is designed or used for residential occupancy by two or more families.

Dwelling unit. One or more rooms in any building designed for occupancy by one family, and containing one kitchen unit, including manufactured housing. (See Manufactured housing).
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Easement. A grant of one or more property rights by the owner for use by the public, a corporation or another person or entity.

Electronic cigarette. An electronic and/or battery-operated device used to provide an inhalable dose of nicotine by delivering a vaporized solution. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.

Electronic game machine. Any electronic or mechanical device which upon insertion of a coin, slug, or token in any slot or receptacle attached to the device or connected therewith, operates, or which may be operated for use as a game, contest, or amusement through the exercise of skill or chance.

Emergency shelters. A facility that provides immediate and short-term housing for homeless persons that is limited to occupancy of six months or less. Supplemental services may include counseling and access to social programs. No individual or household may be denied to emergency shelter because of an inability to pay.

Entertainment (live). Any act, play, revue, pantomime scene, dance act, musical performance, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance.

Establishment where food or beverages are served. Any commercial use that sells prepared food and/or beverages for consumption on site or off site, either solely or in conjunction with an ancillary or complementary use. Excluded from this definition are grocery stores, convenience stores, movie theaters, and other such uses, as determined by the development services director, where the sale of food or beverages is clearly incidental to the primary use. All establishments selling alcoholic beverages for consumption on-site are included within this definition Fair housing laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations.

Family. One or more persons occupying one dwelling unit and living together as a single housekeeping unit.

Family day care home, large. A home which provides family day care to seven to 14 children as defined in section 1596.78 of the State Health and Safety Code.

Family day care home, small. A home which provides family day care to eight or fewer children as defined in section 1596.78 of the State Health and Safety Code.

Floor area ratio. The gross floor area of a building or project divided by the project lot area upon which it is located.

Garage. An accessory or attached enclosed building with doors, designed and/or used for vehicle parking.

Garage sale. An event for the purpose of selling or trading personal property. Garage 234

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sale includes yard sale.

General plan. The City of Costa Mesa General Plan as adopted or amended from time to time by the city council.

Grade. The lowest point of the finished surface elevation of either the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grade, finished. The surface of the ground at a stated location as it exists after completion of precise grading.

Grade, natural. The unaltered natural surface of the ground at a stated location.

Gross acreage. The total area within the lot lines of a lot of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot, and not including adjacent lands already dedicated for such purposes.

Gross floor area. The area of all floors within the walls of a structure except elevator and other vertical shafts (including stairwells) and elevator equipment areas..

Gross leasable area. The total floor area designed for tenant occupancy and exclusive use, including both owned and leased areas.

Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.

Guestroom. A room occupied or intended, arranged, or designed for occupancy by one or more guests.

Handicapped. As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Hazardous materials. Any material of quantity, concentration, physical or chemical characteristics, that poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or environment; or any material requiring a Material Safety Data Sheet according to Title 8, section 339 of the State Code of Regulation.

Height. See Building height and Antenna height.

Home occupation. Any business or commercial use conducted within a dwelling unit.

Hookah lounge. See Smoking lounge.
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Hotel. Any building or combination of buildings generally three or more stories in height containing six or more guest rooms offering transient lodging accommodations to the general public and providing incidental guest services such as food and beverage service, recreation facilities, retail services and banquet, reception and meeting rooms.

Typically, room access is provided through a main or central lobby.

Household includes all the people occupying a dwelling unit, and includes people who live in different units governed by the same operator.

Individual counseling. A single-operator business that provides individual and/or family counseling and occupies no more than 500 square feet of total square footage, including but not limited to an office suite and corresponding proportion of any common waiting areas. Any counseling use with a floor area of more than 500 square feet shall be considered a group counseling use.

Integral facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses. Any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered.

Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

Intersection. The general area where two or more roadways join or cross.

Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and preparation of food.

Landscaping. Plant materials such as lawn, groundcover, trees and shrubs.

Loft. An intermediate floor placed within a room, where the clear height above and below the loft is not less than seven feet, and where the aggregate area of the loft does not exceed 1/3 of the area of the room in which it is located.

Lot.
(a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the Subdivision Map Act and 236

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applicable local ordinances.
(b) A parcel of real property when shown on a record of survey map or deed filed in the office of the county recorder, when such map or deed was filed as the result of and was made a condition of a lot division approved under the authority of prior ordinances.

Lot area. The total land area of a project after all required dedications or reservations for public improvements, including, but not limited to, streets, parks, schools, and flood control channels. This phrase does not apply in the planned development zones where the phrase "site area," as defined in Chapter V, Development Standards, is used.

Lot, corner. A lot abutting on and at the intersection of two or more streets which intersect at an angle that is equal to or less than 135 degrees.

Lot, depth. The average of the horizontal distance between the front and the rear lot lines.

Lot, development. The master lot or project site upon which a development will be constructed.

Lot, individual dwelling unit. An individual building site or lot within a development intended for construction of a single attached or detached dwelling unit.

Lot, interior. A lot abutting only one street, or a lot abutting two streets which intersect at an angle greater than 135 degrees.

Lot, width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the front building setback line.

Manufactured housing. Detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, including structures known as manufactured homes and mobile homes. For the purpose of this Zoning Code, a factory-built single-family structure that is manufactured under the authority of 42 U.S.C. section 5401, the National Manufactured Home Construction and Safety Standards Act, transportable in one or more sections, built on a permanent chassis and used as a place of human habitation, shall be considered a single-family home and shall be reviewed under the same standards as a sitebuilt structure.

Marijuana. Has the same definition as that set forth in California Health and Safety Code section 11018.

Marijuana cultivation and/or medical marijuana cultivation. The planting, growing, harvesting, drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana, and shall include both indoor and outdoor cultivation.

Master plan. The overall development plan for a parcel or parcels which is depicted in both a written and graphic format.

Master plan of highways. The graphic representation of the city's ultimate circulation system contained in the general plan. It illustrates the alignment of the major, primary, secondary and collector highways.
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Median. A paved or planted area separating a parking area, street, or highway, into two or more lanes or directions of travel.

Medical marijuana. Marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5.

Medical marijuana dispensary. A facility or location where medical marijuana is cultivated or by any other means made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card in strict accordance with State Health and Safety Code sections 11362.5 et seq., and 11362.7 et seq., which shall include, but not be limited to, any facility or location engaging in the retail sale, dispensation, or distribution of marijuana for medical purposes that does not have an active role in the cultivation of the marijuana product that it sells, dispenses, or distributes, or when its cultivation of the marijuana product is off-site from the facility or location for retail sale, dispensation, or distribution.

Minor conditional use permit. A discretionary approval granted by the zoning administrator which allows a use or activity not allowed as a matter of right, based on specified findings.

Minor modification. A discretionary entitlement granted by the planning division, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings.

Mixed use development. The development of lot(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures.

Mobile home. See Manufactured housing.

Mobile home park. Any area or tract of land where two or more mobile home lots are rented or leased, held out for lease or rent, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes. A mobile home park also means a mobile home development constructed according to the requirements of Part 2.1 (commencing with section 18200) of Division 13 of the State Health and Safety Code, and intended for use and sale as a mobile home condominium or cooperative park, or as a mobile home planned unit development.

Motel. Any building or combination of buildings of one to three stories in height having six or more guest rooms with parking located convenient to the guest rooms and providing temporary lodging for automobile tourists and transient visitors. Typically, guest rooms have direct access to available parking without passing through a common lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels.

Municipal Code. City of Costa Mesa Municipal Code.

Open space. An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. Open space may include, but is not 238

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limited to, lawns, decorative planting, walkways, active and passive recreational areas, playgrounds, fountains, swimming pools, wooded areas; first floor decks; unenclosed patios with solid or lattice roofs; water courses; and surfaces covered by not more than five feet in depth by projections which are at least eight feet above grade.

Open space shall not include the following: driveways; parking lots; other surfaces designed or intended for vehicular travel; and upper floor decks, balconies or areas under projections which are less than eight feet above grade.

Open space, common. An area of land reserved primarily for the leisure and recreational use of all residents of a planned development or common interest development and owned in common by them, generally through a homeowners' association.

Open space, private. An area of land located adjacent to an individual dwelling unit, owned or leased and maintained by its residents, and reserved exclusively for their use.

Operator means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator.

Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a project.

Parcel. Same as Lot.

Parkway. The area of a public street that lies between the curb and the adjacent property line or physical boundary definition, which is used for landscaping and/or passive recreational purposes.

Paved area. Ground surface covered with cobblestone, clay-fired bricks, concrete precast paver units, poured concrete with or without decorative surface materials, or asphaltic or rubber mixture which may include sand, stone, or gravel as an ingredient to create a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered paved area.

Peak hour. The hour during the AM peak period (typically 7:00 a.m.—9:00 a.m.) or the PM peak period (typically 3:00 p.m.—6:00 p.m.) in which the greatest number of vehicle trips are generated by a given land use or are traveling on a given roadway.

Permitted use. Any use allowed in a land use zoning district without requiring a discretionary approval, and subject to the provisions applicable to that district.

Planned development. A land area which is developed as an integrated unit under single ownership or control and having planned development zoning designation.

Planning application. A broad term for any development project or land use which requires the discretionary review and approval of either the planning division, zoning 239

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administrator, planning commission, or city council. Planning applications include administrative adjustments, conditional use permits, development reviews, variances, etc.

Planning division. The planning division of the development services department of the City of Costa Mesa.

Project. See Development.

Property line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Property line, front. For interior lots, the narrowest property line of a lot abutting a public or private street. If two or more equal property lines are narrowest, the front shall be that property line across which the development takes its primary access (if the primary access is determined to be equal, there shall be two front property lines). However, for non-residentially zoned property, any property line abutting a public street designated as a secondary, primary or major street on the master plan of highways shall be deemed a front property line. A non-residentially zoned property shall have more than one front property line when it abuts more than one street designated as secondary, primary, or major on the master plan of highways.

For R-1 zoned property located on corner lots, the front property line may be the property line towards which the front of the dwelling unit is oriented.

Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line. Irregularly shaped lots may also have more than one rear property line.

Property line, side. Any property line which is not a front or rear property line.

Property line, ultimate. The boundary of a lot after the dedication of land for use as public right(s)-of-way, whether dedicated in fee or by easement. A setback is measured from the ultimate property line.

Public area. Establishments where food or beverages are served. That portion of an establishment reserved for the exclusive use of the public for the receipt or consumption of food and/or beverages. For the purpose of this Zoning Code, public area shall not include restrooms, kitchens, hallways or other areas restricted to employees only.

Public hearing. A public proceeding conducted for the purpose of acquiring information or evidence which may be considered in evaluating a proposed action, and which affords to any affected person or persons the opportunity to present their views, opinions, and information on such proposed applications. "Mandatory hearings" are those required to be held by law, and "discretionary hearings" are those which may be held within the sole discretion of the hearing body.

Public right-of-way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.

Recyclable materials. Reusable materials, including, but not limited to, metals, glass, 240

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plastic and paper which are intended for reuse, remanufacture or reconstruction.

Recyclable materials do not include refuse, hazardous materials or hazardous waste.

Recycling. The process by which waste products are reduced to raw materials and transformed into new products.

Recycling and collection facility. A building or enclosed space used for the collection and processing of recyclable materials for preparation for shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning or remanufacturing.

Referral facility. A residential care facility or a group home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.

Residential care facility. A residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting.

Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Health & Safety Code §§ 1267.8, 1267.9); community care facilities (Health & Safety Code § 1500 et seq.); residential care facilities for the elderly (Health & Safety Code § 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Safety Code § 1568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02— 11834.30); pediatric day health and respite care facilities (Health & Safety Code § 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Safety Code §§ 1265—1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Wel. & Inst. Code §§ 5115—5120).

Residential, multi-family. Apartments, common interest developments, townhouses and similar multiple-family residential developments, including detached single-family homes where there is more than one primary dwelling unit on a lot.

Residential, single-family. Detached single-family home where there is no more than one primary dwelling unit on a lot.

Room, bedroom. A fully-enclosed room designed or intended to be used for sleeping purposes within a residence that typically includes a closet and is separated from the other living spaces with a door.

Room, home office. A room designed and intended to be used for a household office or small business related activity within a residence. Within a single-family detached residence, this room is strictly not intended for sleeping purposes, and lacks direct access to a bathroom. The home office may also be referred to as a studio, den, study or library.

Senior congregate care facility. A structure(s) providing residence for 13 or more senior citizens with kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living quarters.

Setback. The required distance that a building, structure, parking or other designated 241

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item must be located from a property line or lot line. A setback is measured from the ultimate property line.

Single housekeeping unit. The occupants of a dwelling unit have established ties and familiarity with each other, including jointly use of and responsibility for common areas, and may include interaction with each other, shared meals, household activities, and expenses and responsibilities.; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units. Additional indicia that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators.

Single room occupancy residential hotel. A residential hotel, allowed in certain commercial zones, that contains units designed for long-term occupancy by a single person, although double occupancy may be permitted.

Slope. The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees.

Small lot subdivision. A residential development containing a maximum of 15 detached or townhome style units with no common walls where each unit is independently constructed on an individual parcel and the land is subdivided into fee simple parcels containing each unit. Each individual lot is provided with either a direct access to public street/alley or an easement access through a recorded subdivision map.

Smoking lounge. Any facility or location whose business operation, whether as a primary use or an ancillary use, is characterized by the sale, offering, and/or preparation of smoking of tobacco, cigars, hookah, electronic cigarettes, or similar products, including but not limited to establishments known variously as hookah parlors, vaping lounges, or cigar bars.

Smoking/vaping retailer. A smoke shop, electronic cigarette retailer, vapor cigarette retailer, or any other retail business that sells tobacco, electronic cigarettes, and related products primarily for off-site consumption. Smoking/vaping retailers shall not include food or beverage service, outdoor seating, or an indoor seating area greater than 100 square feet in area.

Sober living home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law.

Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.

Specialty store. A retail store less than 3,000 square feet in area with hours of operation between 6:00 a.m. and 11:00 p.m. A specialty store offers a combination of foods and beverages for off-site use or consumption and provides for alcoholic beverage sales 242

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that are incidental to the primary use. No more than 10% of the total merchandise area of the retail floor may be devoted to display or sale of alcoholic beverages and only non- refrigerated alcoholic beverages may be offered. A specialty store must comply with the operational standards of section 13-200.72.

Specific plan. A plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and the provisions of State Government Code section 65450 et seq.

State. State of California.

Story. For purposes related to zoning regulations, a story is that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall constitute a story. An attic shall not be considered a story. A basement or cellar shall not be considered a story, if the finished floor level directly above the basement or cellar is less than four feet above finish grade at all locations. Any uncovered deck or activity area above the first story shall be considered a story.

Street. A public or private thoroughfare that provides primary access to adjacent land and local traffic movements. Streets do not include driveways which only provide access to parking areas.

Structure. Anything, including a building, located on the ground in a permanent location or attached to something having a permanent location on the ground.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to on site or off site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Supportive housing that is provided in single-family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single-family dwelling, multi- family dwelling units, residential care facilities, or boarding house uses under this Code.

Tandem parking. An arrangement of parking spaces one behind the other in a row of maximum two cars including one in the garage space. Tandem garage parking is defined as the placement of standard parking spaces one behind the other within the enclosed area of a garage.

Townhouse. A single-family attached dwelling unit located on an individual dwelling unit lot, and is part of a row of units that contains three or more dwelling units.

Transitional housing. A development with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

Transitional housing that is provided in single-family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single-family dwelling, multi- 243

Ordinance No. 2025-xx Page 19 of 77
family dwelling units, residential care facilities, or boarding house uses under this Code.

Trip (vehicle). A one-way vehicular journey either to or from a site, or totally within the site i.e. internal trip. Each trip has two trip ends, one at the beginning and the other at the destination.

Trip rate (vehicular). The anticipated number of vehicle trips to be generated by a specific land use type or land use classification. The trip rate is expressed as a given number of vehicle trips for a given unit of development intensity (i.e., trip per unit, trip per 1,000 square feet, etc.).

Uncontrolled environment. A location where there is the exposure (to radiofrequency radiation) of individuals who have no knowledge or control of their exposure. The exposures may occur in living quarters or work places where there are no expectations that the exposure levels may exceed the exposure and induced current levels permitted for the general public.

Underroof. All of the area within the walls of the building that a roof covers. Areas under porches, roof overhangs, garage protrusions, breezeways and other similar architectural design features are not considered as underroof.

Unit. A particular building or structure, or portion thereof, that is designed, intended or used for exclusive occupancy, possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project.

Use. The purpose (type and extent) for which land or a building is arranged, designed, or intended, or for which either land or a structure is occupied or maintained.

Warehouse, mini. A structure or group of structures for the dead storage of customer's goods and wares where individual stalls or lockers are rented out to different tenants for storage and where at least one of the stalls or lockers has less than 500 square feet of floor area.

Warehouse, public. A structure or group of structures for the dead storage of customer's goods and wares where individual stalls or lockers are rented out to different tenants for storage and where all the stalls or lockers have more than 500 square feet of floor area.

Vacancy rate (common lot development conversion). The ratio of vacant apartments being offered for rent or lease in the City of Costa Mesa, shown as a percentage of the total number of apartments in the city.

Vape lounge. See Smoking lounge.

Vape shop. See Smoking/vaping retailer.

Variance. A discretionary entitlement, usually granted by the planning commission, which permits departure from the strict application of the development standards contained in this Zoning Code, based on specified findings.

Yard. Any open space on a lot unoccupied and unobstructed from the ground upward, except an inside court.
244

Ordinance No. 2025-xx Page 20 of 77
Yard, front. The yard between the front line of a building and the front line of the lot upon which the building is located.

Yard, rear. The yard extending from the extreme rear line of the main building to the rear lot line on which the building is situated.

Yard, side. The yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard or rear lot line, between the side lot line and the nearest wall of the main building or any accessory structure attached thereto.

Zero lot line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord. No. 00-5, § 1(a), 3-20-00; Ord. No. 01-16, § 1a., 6-18-01; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5- 06; Ord. No. 09-3, §§ 1a., b., 5-19-09; Ord. No. 09-4, § 1a., 5-5-09; Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2A., 3-19-13; Ord. No. 13-05, § 1, 12-3-13; Ord. No. 14-04, § 2A., 4-1-14; Ord. No. 14- 13, § 1, 10-21-14; Ord. No. 15-10, § 2A, 9-15-15; Ord. No. 15-11, § 1, 11-17-15; Ord.

No. 16-01, § 1, 1-19-16; Ord. No. 18-03, § 2, 1-16-18; Ord. No. 21-03, § 3, 3-2-21; Ord.

No. 21-20, § 1, 12-7-21)
Section 13-28 Types
(a) Administrative adjustment. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(a).

TABLE 13-28(a)

ADMINISTRATIVE ADJUSTMENTS
Standard Deviation Range
Decrease in required front yard depth; provided that
in residential zones, the garage is set back a
minimum of 19 feet from the front property line.

More than 20% but no more than
40%
Decrease in required rear yard depth. More than 20% but no more than 40%
Decrease in required side yard width. More than 20% but no more than 40%
Increase in maximum fence/wall height, except
within setbacks adjacent to the public right-of-way.

More than 33 1/3 % but no more
than 50%
Increase in depth of permitted projections into
required yards.

More than 20% but no more than
40%
Deviation in sign area, height, setbacks, separation
and other sign specifications
More than 10% but no more than
20%
Decrease in required distance between main
structures
More than 20% but no more than
40%
245

Ordinance No. 2025-xx Page 21 of 77
TABLE 13-28(a)

ADMINISTRATIVE ADJUSTMENTS
Standard Deviation Range
Decrease in required distance between accessory
and main structures
More than 20% but no more than
40%

(b) Conditional use permit. Any use specified in this Zoning Code as requiring a conditional use permit.
(1) Common interest development conversion. For residential projects, a proposal to convert an occupied or previously occupied apartment complex to a residential common interest development project. To request a conversion for a newly constructed project, the apartment complex shall have received final building approval for occupancy. For non-residential projects, a proposal to convert an occupied or previously occupied non-residential complex to a non-residential common interest development. Non-residential includes industrial, commercial, office, and/or mixed-use project.
(c) Density bonus or incentive. Any request for incentives to produce lower income and senior housing per State Government Code section 65915. (d) Design review. Any construction that results in three or more dwelling units on a development lot in any residential zone, except planned development, shall be subject to design review.
(e) Development review. The following shall be subject to development review:
(1) Two-story residential construction. In the R2-MD, R2-HD, and R3 zones, any two-story construction on a lot where there are two or fewer dwelling units or any second-story addition on a lot with more than two dwelling units that complies with any residential design guidelines adopted by city council. (2) Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, C1-S, MG, or MP zones. However, building additions that do not exceed 2,000 square feet or 50% of the existing building area, whichever is less, and comply with all applicable development standards shall not be subject to development review; and,
(3) Any other use specified in this Zoning Code as requiring development review. (f) Lot line adjustment. Any adjustment to an existing lot line between two lots, where the land taken from one lot is added to an abutting lot and/or where a greater number of lots than originally existed is not created. A lot line adjustment may be used to combine no more than four abutting lots.
(g) Master plan. Prior to development in the planned development (PD), town center (TC), shopping center (C1-S), mixed-use overlay (MU), and all types of institutional and recreational (I&R, I&R-S, and I&R-MLT) zoning districts, a master plan is 246

Ordinance No. 2025-xx Page 22 of 77
required. Preliminary master plans are required in the TC and I&R-MLT zone, are optional in PD and MU zones, and are not required in C1-S, I&R-S, and I&R zones. (1) Minor changes. Minor changes in the location, siting or character of buildings and structures may be authorized by the planning division if required by the final engineering or other circumstances not foreseen at the time the master plan was approved. No change authorized under this section may cause any of the following:
a. A change in the use or character of the development; b. An increase in the overall density or floor area ratio of the development; c. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space; e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility networks;
g. A reduction in required street pavement widths;
h. An increase of more than six inches in building height; or i. A decrease in building setback greater than can be approved by a minor modification by the development services director.
(2) Major amendments. Substantial amendments to the master plan encompassing one or more of the minor changes listed in subparagraphs (1)a. through (1)i., or any proposed change determined by the development services director as a major amendment, shall be subject to review and approval by the zoning administrator. Furthermore, if the major amendment results in an overall building square footage that exceeds the maximum density or building square footage allowed by the approved master plan, the zoning administrator must find that the major amendment is consistent with the density, floor area ratio, and trip budget standards established by the general plan, as applicable. (3) Minor amendments.
a. Minor amendments to existing master plans in planned development zones are subject to section 13-56, master plan required.
b. Minor amendments to existing master plans in the TC, C1-S, MU, I&R, I&R-S, and I&R-MLT zones may be approved by development review if the planning division finds that the proposed construction does not materially affect required open space, floor area ratio, and parking requirements specified in the approved master plan. Furthermore, if the minor amendment results in an overall building square footage that exceeds the maximum building square footage allowed by the approved master plan, the planning division must find that the minor amendment is consistent with the floor area ratio and trip budget standards established by the general plan, as applicable. 247

Ordinance No. 2025-xx Page 23 of 77
(4) Mixed-use development plan screening application. Applicants for residential or mixed-use development projects in a mixed-use overlay district shall submit a screening application for consideration by city council at a public meeting. No other concurrent application for development may be submitted for processing until city council comments have been received. The purpose of the screening application is to receive city council comments on the merits and appropriateness of the proposed development. No other action on the screening application will be taken by city council. The submittal requirements for the screening review are specified on the city's planning application form, and the city council's review comments on the proposed project for processing shall not set precedent for approval of the master plan.
(h) Minor conditional use permit. Any use or deviation from development standards specified in this Zoning Code as requiring a minor conditional use permit. (i) Minor design review. The following shall be subject to minor design review:
(1) Two-story residential construction that does not comply with any residential design guidelines adopted by the city council in the following zones:
a. R1 zone. Any two-story construction or second-floor addition; and b. R2-MD, R2-HD, and R3 zones. Any two-story construction on a lot that results in two or fewer dwelling units or any second-story addition on a lot with more than two dwelling units.
(2) Reserved for future use.
(3) Any deviation from development standards specified in this Zoning Code as requiring a minor design review.
(j) Minor modification. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(j)(1).

TABLE 13-28(j)(1)

MINOR MODIFICATION
Standard Deviation Range
Decrease in required front yard depth; provided that in residential zones, the garage is set back a minimum of 19 feet from the front property line
20% or less
Decrease in required rear yard depth 20% or less
Decrease in required side yard width 20% or less
Increase in maximum fence/wall height, except within
setbacks adjacent to the public right-of-way
33 1/3 % or less
Decrease in five-foot setback on street side for fences/walls in excess of 36 inches on corner lots in multi-family
100% or less
248

Ordinance No. 2025-xx Page 24 of 77
TABLE 13-28(j)(1)

MINOR MODIFICATION
Standard Deviation Range
residential zones
Increase in depth of permitted projections into required yards
20% or less
Decrease in minimum driveway width for two or more
dwelling units
to not less than 10
feet
Deviation in sign area, height, setbacks, separation and other sign specifications
10% or less
Decrease in required distance between main structures 20% or less Decrease in required distance between accessory and
main structures
20% or less
Decrease in minimum width and length of garage
dimensions
5% or less

(2) Minor building additions that encroach into required setbacks no further than the existing main structure, excluding architectural features. However, no nonconforming setback width or depth may be decreased further, and the building addition shall comply with all other applicable sections of this Zoning Code and other codes.
(3) Fabric awnings that project no more than five feet from the building face. (4) Minimum length of no less than 18 feet for driveways as measured from the ultimate property line.
(5) Any deviation from development standards specified in this Zoning Code as requiring a minor modification.
(k) Mobile home park conversion. Any conversion of an existing mobile home park to any other use permitted or conditionally permitted in the applicable zoning district. (l) Planned signing program. A voluntary, optional alternative to the general sign regulations, except in the C1-S zone where it is required. (m) Reasonable accommodation. As defined in section 13-200.62 (n) (Reserved)
(o) Rezone. Any proposed change to the official zoning map. (p) Special use permit. Refer to Chapter XV of the Zoning Code. 249

Ordinance No. 2025-xx Page 25 of 77
(q) Specific plan conformity review. Any proposed action or land use which is required by the applicable specific plan to be reviewed for conformity with the purpose and intent of the plan.
(r) Tentative tract or parcel map (including vesting). Any proposed subdivision of land which is required by a provision of the Subdivision Map Act or this Zoning Code to file a tentative tract or parcel map.
(s) Variance. Any deviation from a development standard in this Zoning Code that is not specified as a minor modification or administrative adjustment, or a deviation that is not allowed by approval of conditional use permit, minor conditional use permit, or specific plan conformity procedure.
(t) Landmarks and historic districts located within the city. A person may request placement of a significant historic structure on the local Register of Historic Places subject to the criteria and procedures established in Chapter IX, Article 14, Historic Preservation.
(u) Certificate of appropriateness. A certificate issued by the planning commission (or other commission/committee designated by the city council), approving plans, specifications, or statements of work for any proposed alteration, restoration, or rehabilitation, construction, relocation, or demolition, in whole or in part, of a "designated cultural resource" listed on the city's local Register of Historic Places. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-17, § 3, 11-15-99; Ord. No. 01-10, §§ 1a., 1b., 3-5-01; Ord. No. 01-16, § 1b., 6-18-01; Ord. No. 02-4, § 1m, 3-18-02; Ord. No. 03-4, § 1(a), 6-2-03; Ord. No. 03-8, §§ 1, 2, 9-2-03; Ord. No. 05-3, § 1b., 2-7-05; Ord. No. 05-2, § 1a.—c., 2-22-05; Ord. No. 06-9, § 1b., 4-18-06; Ord. No. 07-17, § 1a., b., 10-2-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 16-09, § 3, 10-4-16; Ord. No. 21-20, § 1, 12-7- 21)
250

Ordinance No. 2025-xx Page 26 of 77
Section 13-30 Purpose.

The purpose of this chapter is to provide a comprehensive list of uses which are permitted, conditionally permitted, or prohibited in the various zoning districts, as represented by Table 13-30, Land Use Matrix. In evaluating a proposed use, the following criteria shall also be considered:
(a) Uses determined as permitted may be subject to a discretionary review when construction is proposed, pursuant to Chapter III, Planning Applications. (b) Uses proposed in the planned development zones are subject to verification of consistency with the master plan adopted for planned development zones. A proposed use not expressly allowed by the adopted master plan may require additional discretionary review pursuant to Table 13-30, Land Use Matrix. (c) All listed uses in the matrix are subject to verification of compliance with density and floor area ratio limits, parking requirements and performance standards which may, in certain cases, prevent the establishment of the use.
(d) Any proposed use not listed in the Land Use Matrix shall be reviewed by the development services director to determine its similarity to another listed use. If no substantial similarity exists, the proposed use shall require approval of a conditional use permit prior to establishment of the use. (e) For the purpose of Table 13-30, Land Use Matrix, the various zoning districts are labeled as follows:

Residential zones: R1, R2-MD, R2-HD, and R3
Commercial zones: AP, CL, C1, C2, C1-S, and TC
Industrial zones: MG and MP
Planned Development Residential zones: PDR-LD, PDR-MD, PDR-HD, and PDR- NCM
Planned Development Commercial zone: PDC
Planned Development Industrial zone: PDI
The Parking zone: P
Institutional and Recreational zones: I & R, I & R-S, and I & R-MLT (f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable. (g) For the mixed-use overlay district located in an urban plan area, please refer to the appropriate urban plan text for additional regulations related to development standards and allowable land uses as applicable.

TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

RESIDENTIAL USES

1. Single-family dwellings (single housekeeping units) P4 P P P • • • • • • • • P P P P P P • • P •

2. Multi-family dwellings • P P P • • • • • P • • P P P P P P • • P •

2.1 Common interest developments, residential • P P P • • • • • P • • P P P P P P • • P •

2.2 Small lot subdivisions, residential • P P P • • • • • • • • • • • • • • • • • •

3. Mobile home parks • C C C • • • • • • • • C C C C C C • • • •

4. Boarding-house, small7 • P P P • • • • • • • • P P P P P P • • • •

5. Boarding-house, large7 • C C C • • • • • • • • • C C C C C • • • •

6. Residential care facility, six or fewer persons (State licensed)
P P P P • • • • • • • • P P P P P P P • P •

7. Group homes, six or fewer S S6 S6 S6 • • • • • • • • S6 S6 S6 S6 S6 S6 P • P •

7.1 Sober living homes, six or fewer S5 S6 S6 S6 • • • • • • • • S6 S6 S6 S6 S6 S6 P • • •

8. Residential care facility, seven or more • C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • • 251

Ordinance No. 2025-xx Page 27 of 77
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

9. Group homes, seven or more • C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •

9.1 Sober living homes, seven or more • C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •

10. Referral facility (Subject to the requirements of
section 13-32.2, referral facility).
• C2 C2 C2 • • • C2 • • • • • C2 C2 • • • • • • •

11. Single room occupancy residential hotel (subject to City Council Policy 500-5)
• • • • • • C2 C2 • • • • • • • • • • • • • •

ACCESSORY USES

12. Reserved for future use.

13. Animals, keeping of SEE TITLE 3, ANIMALS AND FOWL

14. Antennas: Amateur radio, Satellite dish,
Communication
SEE CHAPTER IX, ARTICLE 2, ANTENNAS

15. Reserved for future use

15.1 Incidental residential use that includes a toilet in combination with a bathtub or shower. This applies to an accessory use contained in a detached structure, or
contained within the main structure with no interior
connection between the main and incidental use. Land
use restriction required.

P P P P • • • • • • • • P P P P P P • • • •

16. Day care facilities (15 children or more) (see also Nursery schools)
C C C C C C C C C C C C C C C C C C C P P •

17. Family day care—Large (7 to 14 children) (subject to the requirements of section 13-37, large family day care homes)
P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2,3 P2,3 P • P2 •

18. Family day care—Small (up to 8 children) P P P P • • • • • • • • P P P P P3 P3 P • P3 •

19. Garage/yard sales—No more than 2 events permitted
a year, not to exceed 3 consecutive days
P P P P • • • • • • • • P P P P P3 P3 • • P3 •

20. Reserved for future use.

21. Home occupations (subject to the requirements of
chapter IX, article 6, home occupations) P2 P2 P2 P2 P2,3 P2,3 P2,3 P2,3 P2,3 P2,3 P2,3 P2,3 P2 P2 P2 P2 P2,3 P2,3 P2 • P2 •

22. Home occupations that generate traffic and do not
involve more than 1 customer/ client at a time or more
than 8 customers/clients per day (subject to the
requirements of ch. IX, article 6, home occupations)
MC2 MC2 MC2 MC2 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2 MC2 MC2 MC2 MC2,3 MC2,3 MC2,3 • MC2,3 •

22.1 Non-residential accessory uses in a residential
development not otherwise specified in this table
• • • • • • • • • • • • • • • • • • • • • •

22.2 Accessory dwelling unit (subject to the requirements of ch. V, section 13-35, accessory dwelling units) P2 P2 P2 P2 • • • • • P2 • • P2 P2 P2 P2 P2 P2 • • P2 •

22.3 Junior accessory dwelling unit (subject to the
requirements of ch. V, section 13-35, accessory dwelling units)
P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2 P2 • • P2 •

22.4 Temporary real estate and construction offices
(subject to the requirements of ch. IX, art. 10, temporary trailers)
P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

INSTITUTIONAL AND RECREATIONAL USES

23. Cemeteries • • • • • • • • • • • • • • • • • • C • • •

24. Churches and other places of religious assembly
(Subject to the requirements of article 4.5, development standards for churches and other places of religious
assembly)
C2 C2 C2 C2 C2 C2 P2 P2 C2 C2 P2 P2 C2 C2 C2 C2 C2 C2 P2 C2 C2 •

25. Civic and community clubs C C C C C C P P P P C C C C C C C C C • P •

26. Convalescent hospitals; nursing homes • C C C C C C C • • • • • • • • • • P • • •

27. Country clubs; golf courses C C C C • • • • • • • • C C C C • • P C • • 252

Ordinance No. 2025-xx Page 28 of 77
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

28. Crematories (See also Mortuary services) • • • • • • • C • • C C • • • • • • C • • •

29. Fairgrounds; outdoor festival (permanent) • • • • • • • • • • • • • • • • • • C • • •

30. Hospitals, general • • • • • • • • • • • • • • • • • • P • P •

31. Libraries, privately-operated C C C C • • C C C C C C C C C C C C P C • • 31a. Marijuana and/or medical marijuana cultivation • • • • • • • • • • • • • • • • • • • • • • 31b. Cannabis and/or marijuana distributer • • • • • • • • • • • C9 • • • • • C9 • • • 31c. Cannabis and/or marijuana manufacturer or
processor
• • • • • • • • • • • C9 • • • • • C9 • • •
31d. Cannabis and/or marijuana retail sales storefront • • • • • C9 C9 C9 C9 C9 • • • • • • • • • • • 31e. Cannabis and/or marijuana retail sales
nonstorefront (deliveries)
• • • • • C9 C9 C9 C9 C9 • C9 • • • • • C9 • • • •
31f. Cannabis and/or marijuana research and
development and/or testing laboratories
• • • • • • • • • • • C9 • • • • • C9 • • •

32. Mortuary services without crematories • • • • C C C C C • C C • • • • • • C • • • 32a. Needle exchange program • • • • • • • • • • • • • • • • • • • • • •

33. Nursery schools—See also Day care facilities for 15 or more children
C C C C C C C C C C C C C C C C C C C P C •

34. Parks and playgrounds C C C C • • • • • C • • C C C C C C P P P •

35. Public offices and facilities, such as city halls, court- houses, police/ fire stations, etc.

C C C C C C P P P P C C C C C C C C P • • •

36. Schools: primary, secondary and colleges C C C C C C C C C C C C C C C C C C C P P •

37. Schools: trade and vocational; group counseling • • • • • MC P P P P MC MC • • • • P MC P P • •

38. Senior congregate care facility • C C C C C C C C C • • • C C C C • C • • •

39. Swap meets • • • • • • • • • • • • • • • • • • C C • • 39a. Emergency shelters • • • • • • • • • • • C10 • • • • • P10 • • • •

SPECIAL SEASONAL EVENTS

40. Reserved.

41. Christmas tree lots; pumpkin patches; fireworks
stands; produce stands (subject to the requirements of
title 9, chapter II, regulation of certain businesses)
• • • • P2 P2 P2 P2 P2 P2 P2 P2 • • • • P2 P2 P2 P2 • •

COMMERCIAL AND INDUSTRIAL USES

42. Acupressure; massage (subject to the requirements
of title 9, chapter ii, article 22, Massage establishments and practitioners)
• • • • P2 P2 P2 P2 P2 P2 • • • • • • P2 • • • • •

43. Adult businesses (See Sexually-oriented businesses)

44. Aggregate batch plants; Rock or asphalt crushing;
Sand blasting
• • • • • • • • • • • • • • • • • • • • • •

45. Ambulance services • • • • MC MC MC MC MC MC MC MC • • • • MC MC • • • •

46. Amusement centers (subject to the requirements of
chapter IX, article 5, electronic game machines)
• • • • • • C2 C2 C2 C2 • • • C2 C2 C2 C2 • • • • •

47. Animal hospitals; veterinary services (kenneling only when incidental to principal hospital use)
• • • • • C C P P C C C • • • • P • • • • •

48. Animal shelters, pounds, kennels, training schools • • • • • • • C • • C C • • • • • • C • • • 48a. Antique malls • • • • • • P P P • MC MC • • • • P MC • • • •

49. Artists, sculptors studios • • • • P P P P P P P P • • • • P P • • • •

50. Auction houses • • • • • • C C C C C C • • • • C C • • • •

51. Automobile (See Motor vehicle)

52. Banks; savings and loans; and other financial
institutions
• • • • P P P P P P • • • P P P P P • • • •

53. Bars; nightclubs (See Establishments where food or
beverages are served)

253

Ordinance No. 2025-xx Page 29 of 77
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

54. Barber and beauty shops with accessory uses such
as permanent make up, facials, and accessory massage
• • • • • P P P P P • • • P P P P P • • • •

55. Billiards parlors • • • • • • C C C C C C • C C C C C • • • •

56. Botanical gardens; Zoos • • • • • • C C C C • • • • • • • • C • • •

57. Bowling centers • • • • • • C C C C • • • • • C C • • • • •

58. Breweries; Distilleries • • • • • • • • • • C C • • • • • • • • • •

59. Reserved

60. Building supplies; Hardware stores (retail) • • • • • • P P P • • • • P P P P • • • • •

61. Business services—See Offices

62. Car washes • • • • • • C C C C C C • C C C C C • • • •

63. Carts— Outdoor retail sales in conjunction with an
established business
• • • • • MC MC MC MC MC MC MC • MC MC MC MC MC MC • • •

64. Catering • • • • • MC P P P • P P • • • • P P • • • •

65. Coffee roasting • • • • • • • • • • MC MC • • • • • • • • • •

66. Coffee roasting (in conjunction with establishments where food or beverages are served)
• • • • • • MC MC MC MC MC MC • MC MC MC MC MC • • • •

67. Commercial art; Graphic design • • • • P P P P P P P P • • • • P P • • • •

68. Commercial testing laboratories • • • • • • • • • • P P • • • • • P • • • •

69. Computer and data processing • • • • P P P P P P P P • • • • P P • • • •

70. Contracting: general contractors; operative builders • • • • • C C P C • P P • • • • • P • • • •

71. Convenience stores; mini-markets (subject to the
requirements of chapter IX, article 16, liquor stores,
convenience stores, and mini-markets)
• • • • • • C2 C2 C2 C2 • • • • C2 C2 C2 • • • • •

72. Department stores (retail) • • • • • • P P P P • • • • • • P • • • • •

73. Electronic game machines (four or more), incidental to the primary use, (subject to the requirements of
chapter IX, article 5, electronic game machines)—
Excluding amusement centers listed separately
• • • • • MC2 MC2 MC2 MC2 MC2 MC2 MC2 • MC2 MC2 MC2 MC2 MC2 • • • •

74. Engineering; architectural; and surveying services— See Offices

75. Entertainment, live or public • • • • • SEE TITLE 9, ARTICLE 11, REGULATORY PERMITS FOR

PUBLIC ENTERTAINMENT
• SEE TITLE 9, ARTICLE 11, REGULATORY PERMITS FOR

PUBLIC ENTERTAINMENT
• •

76. Establishments where food or beverages are served • • • • • SEE CHAPTER V, ARTICLE 4, ESTABLISHMENTS WHERE

FOOD OR BEVERAGES ARE SERVED
• SEE CHAPTER V, ARTICLE 4,

ESTABLISHMENTS WHERE FOOD OR

BEVERAGES ARE SERVED
• • • •

77. Exhibition of products produced on premises or
available for wholesale distribution
• • • • • P P P P P P P • • • • P P • • • •

78. Flower stands—See also Carts • • • • • MC MC MC MC MC MC MC • MC MC MC MC MC MC • • •

79. Furniture repair and refinishing with incidental sales • • • • • • P P P • P P • • • • • P • • • •

80. Grocery stores—See also Supermarkets; excluding
convenience stores; and liquor stores listed separately • • • • • • P P P P • • • MC MC MC MC • • • • •

81. Hazardous waste facilities, off-site (subject to chapter IX article 9, off-site hazardous waste facilities)
• • • • • • C2 C2 C2 C2 C2 C2 • • • • C2 C2 C2 • • •

82. Heliports; Helistops • • • • • • • • C C C C • • • • C C C C • •

83. Hotels— Excluding motels listed separately • • • • • • C C C P • • • C C C P • • • • •

84. Landscape services (installation and maintenance) • • • • • MC MC P P • P P • • • • • P • • • •

85. Laundry, cleaning and garment services, including
plants
• • • • • P P P P P P P • P P P P P • • • •

86. Leather tanning and finishing • • • • • • • • • • C C • • • • • C • • • •

87. Limousine services • • • • • C C C C C C C • • • • C C • • • •

88. Liquor stores (subject to the requirements of chapter IX, article 16, liquor stores, convenience stores, and mini- markets)
• • • • • • C2 C2 C2 C2 • • • • • • C2 • • • • •
254

Ordinance No. 2025-xx Page 30 of 77
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

89. Lumber and building materials dealers, (wholesale) • • • • • • • • • • P P • • • • • P • • • •

90. Manufacturing: Light EXCEPT the following which are prohibited:
• Manufacture of fertilizer
• Manufacture of products involving the use of explosives • Manufacture of rubber (including tires), steel
• • • • • • • • • • P2 P2 • • • • • P2 • • • •

91. Manufacturing of chemical products, paints,
pharmaceuticals, and plastics
• • • • • • • • • • C2 C2 • • • • • C2 • • • •

92. Manufacturing of stone, clay, glass and concrete
products EXCEPT the following which are prohibited:
• Manufacture of flat glass
• Manufacture of cement and structural clay products
• Manufacture of concrete, gypsum and plaster products
• Manufacture of abrasive and asbestos products
• Manufacture of nonclay refractories and crucibles
• Processing and preparation of clay, ceramic and
refractory minerals
• • • • • • • • • • P2 P2 • • • • • P2 • • • •

93. Manufac-turing or processing of foods and beverages EXCEPT the following which are prohibited:
• Meat and poultry packing plants
• Grain mills
• Sugar refining
• Fats and oils processing mills
• Seafood canneries and packaging
(See also Breweries; Distilleries; Coffee roasting)
• • • • • • • • • • P2 P2 • • • • • P2 • • • •

94. Massage— See also Acupressure (subject to the
requirements of title 9, chapter II, article 22, massage establishments and practitioners)
• • • • P2 P2 P2 P2 P2 P2 • • • • • • P2 • • • • •

95. Medical laboratories • • • • MC MC P P P P MC MC • • • • MC MC • • • •

96. Metal fabrication, welding, foundry, die casting
(subject to subsection 13-54(a), performance standards) • • • • • • • • • • P2 P2 • • • • • • • • • •

97. Motels— (Subject to requirements of chapter IX,
article 8, motels) Excluding Hotels listed separately
• • • • • • C2 C2 • • • • • • • • • • • • • •

98. Motion picture and television studios • • • • C C C C • • P P • • • • P P • • • •

99. Motion picture theaters and other theaters not within 200 feet of residential zones
• • • • • • P P P P • • • • • • P • • • • •
100. Motion picture theaters and other theaters within
200 feet of residential zones
• • • • • • C C C C • • • • • • C • • • • •
101. Motor oil, used—Collection facility (subject to the requirements of chapter IX, article 9, off-site hazardous waste facilities)
• • • • • • P2 P2 P2 • P2 P2 • • • • P2 P2 P2 P2 • •
102. Motor vehicle, boat, and motorcycle retail sales,
leasing, rentals and service with two or more outdoor
display parking spaces
• • • • • • C C C C C C • • • • C C • • • •
103. Motor vehicle, boat, and motorcycle retail sales,
leasing, and rentals with one or less outdoor display
parking space and no service (subject to verification of parking availability)
• • • • • • P P P P P P • • • • P P • • • •
104. Motor vehicle service stations • • • • • • C C C • • • • • • • C • • • • • 105. Motor vehicle service stations with concurrent sale of alcoholic beverages (subject to requirements of
chapter IX, article 3, concurrent sale of alcoholic
beverages and motor vehicle fuel)
• • • • • • C2 C2 C2 • • • • • • • C2 • • • • •
255

Ordinance No. 2025-xx Page 31 of 77
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P
106. Motor vehicle; boat; and motorcycle repair services (including body and paint work), not within 200 feet of residential zone (subject to subsection 13-54(b))
• • • • • • P P P • P P • • • • P P • • • •
107. Motor vehicle; boat; and motorcycle repair services (including body and paint work), within 200 feet of
residential zone (subject to subsection 13-54(b))
• • • • • • C C C • C C • • • • C C • • • •
108. Nurseries (retail with no bulk fertilizer) • • • • • C C P P • C C • • • • • • • • • • 109. Offices: central administrative • • • • P P P P P P P P • • • • P P • • • • 110. Offices: engineering; architectural; and surveying services; management; consulting and public relations
• • • • P P P P P P P P • MC MC MC P P • • • •
111. Offices: general; individual counseling • • • • P P P P P P MC MC • MC MC MC P P • • • • 112. Reserved
113. Offices: medical and dental • • • • P P P P P P • • • MC MC MC P MC MC • • • 114. Offices: services to businesses such as
bookkeeping and data processing
• • • • P P P P P P P P • • • • P P • • • •
115. Off-street parking lots and structures including
related maintenance buildings
• • • • C C C C C P C C • • • C C C C C • P
116. Off-street parking lots and structures, incidental uses within
• • • • MC MC MC MC MC MC MC MC • • • MC MC MC MC MC • MC 117. Oil fields; oil wells (see chapter XIV, oil drilling) • • • • • • • • • • • • • • • • • • • • • • 118. Pawn shops • • • • • C C C C • • • • • • • • • • • • • 119. Photocopying; blueprinting and related services • • • • • P P P P P P P • • • • P P • • • • 120. Photofinishing laboratories • • • • • • • • • • P P • • • • • P • • • • 121. Photofinishing stores • • • • • P P P P P • • • • • • P P • • • • 122. Photography: Commercial • • • • P P P P P P MC MC • • • • P MC • • • • 123. Photography: portrait studio • • • • P P P P P P • • • • • • P MC • • • • 124. Physical fitness facilities • • • • • • C C C C C C • • • • C C • • • • 125. Printing and publishing • • • • • • MC P MC MC P P • • • • P P • • • • 126. Recording studios • • • • • • MC MC MC • MC MC • • • • MC MC • • • • 127. Recycling and collection facilities for nonhazardous materials
• • • • • MC MC MC MC • MC MC • • • • MC MC MC MC • •
128 Research and development laboratories— Other
than cannabis and/or marijuana testing laboratories
• • • • C C C P C C P P • • • • • P • • •
129. Restaurants—See Establishments where food or
beverages are served

130. Retail: general— Excluding antique malls, pawn
shops, supermarkets, grocery stores, convenience
stores; and liquor stores listed separately
• • • • • P P P P P • • • P P P P P • • • •
131. Retail, incidental sales to the main use (subject to the requirements of section 13-54(a), incidental retail sales)
• • • • P P P P P P P2 P2 • P P P P P2 • • • •
132. Retail: nonstore • • • • P P P P P P P P • P P P P P • • • • 133. Rifle, pistol, and firing ranges • • • • • • • • • • C C • • • • • • C • • • 134. Sexually-oriented businesses (subject to the
requirements of title 9, chapter IV and title 13, chapter IX, sexually-oriented businesses)
• • • • • P2 P2 P2 P2 • • • • • • • P2 • • • • •
135. Skating rinks • • • • • • C C C C C C • • • C C C C C • • 135a. Smoking lounge (subject to chapter IX, article 19, smoking and vaping uses)
• • • • • • • • C2 • • P2 • • • • C2 • • • • •
135b. Smoking/ vaping retailer (subject to chapter IX,
article 19, smoking and vaping uses)
• • • • • P2 P2 P2 P2 P2 • • • P2 P2 P2 P2 P2 • • • •
136. Storage of chemicals and allied products (except as incidental use)
• • • • • • • • • • • • • • • • • • • • • •
256

Ordinance No. 2025-xx Page 32 of 77
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P
137. Storage of explosives • • • • • • • • • • • • • • • • • • • • • • 138. Storage of fertilizer • • • • • • • • • • C C • • • • • • • • • • 139. Storage of motor vehicles— Outdoor (not including
impound yard)
• • • • • • C C C • MC MC • • • • C MC • • • •
139a. Storage of motor vehicles— Indoor only (not
including impound yard)
• • • • • • P P P • P P • • • • P P • • • •
140. Storage of petroleum and coal products • • • • • • • • • • • • • • • • • • • • • • 141. Storage of rock, sand, crushed aggregate and
gravel
• • • • • • • • • • C C • • • • • • • • • •
143. Supermarkets— See also Grocery stores • • • • • • P P P P • • • MC MC MC MC • • • • • 143a. Specialty stores • • • • • • P P P P • • • • MC MC MC • • • • • 144. Tattoo parlors • • • • • • C C C • • • • • • • C • • • • • 145. Tire sales and installation not within 200 feet of residential zone
• • • • • • P P P • P P • • • • P P • • • •
146. Tire sales and installation within 200 feet of
residential zone
• • • • • • MC MC MC • MC MC • • • • MC MC • • • •
147. Tow companies with or without impound yard • • • • • • C C C • MC MC • • • • • MC • • • • 148. Transfer station for refuse, sewage treatment • • • • • • • • • • C C • • • • • C C • • • 149. Trucking: local and long distance • • • • • • • C • • P P • • • • • C • • • • 150. Warehouses, mini (subject to the requirements of
chapter IX, article 7, mini-warehouses)
• • • • • • C2 C2 C2 • MC2 MC2 • • • • • MC2 • • • •
151. Warehouses, public • • • • • • C C C • P P • • • • • P • • • • 152. Warehousing of durable and nondurable goods
except livestock and poultry—See also Storage
• • • • • • • • • • P P • • • • • P • • • •
153. Wholesale trade of motor vehicles, boats and
motorcycles with outdoor storage of vehicles
• • • • • • C C C C C C • • • • C C • • • •
154. Wholesale trade of motor vehicles, boats and
motorcycles without outdoor storage of vehicles
• • • • • MC MC P P P P P • P P P P P • • • •
155. Wholesale trade of durable, nondurable goods,
except livestock, poultry and perishable goods
• • • • • MC MC P P P P P • P P P P P • • • •
Notes:
1 Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. Residential uses shall not be permitted on any site or parcel of land on which residential uses are expressly prohibited by the general plan. 2 This use is subject to the requirements of the referenced Municipal Code article or section. 3 If residential uses exist, accessory uses shall be permitted. 4 For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning: C—Conditional Use Permit; MC—Minor Conditional Use Permit; P—Permitted; •—Prohibited; and S—Special Use Permit. 5 Six hundred fifty foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311(a)(10)(i). 6 Subject to the separation requirement set forth in sections 13-322(a)(3) and 13-323(b). 7 Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be located at least 1,000 feet away from any other boardinghouse. 8 Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone. 9 Prohibited at the SoCo property, 3303 through 3323 Hyland Ave. 10 Emergency shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a permit ted use, not subject to a master plan requirement and the standards in section 13 -200.79(1), (2), (4), (8), (10) and (13) do not apply to such uses.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 2, 2-2-98; Ord. No. 98-5, § 8, 3-2-98; Ord. No. 00-5, § 1(b), 3-20-00; Ord. No. 01-1, § 1, 1-15-01; Ord. No. 01-30, § 1a(Att. A), 1-7-02; Ord. No. 02-4, § 1b(Att. A), 3-18-02; Ord. No. 02-12, § 1c, 6-17-02; Ord. No. 05-2, § 1f.(Att. A), 2-22-05; Ord. No. 05-11, § 2b., 7-19-05; Ord. No. 06-2, § 1a., 2-7-06; Ord. No. 06-9, § 1d., 4-18-06; Ord. No. 06-18, § 1b., 9-5-06; Ord. No. 07-2, § 1d., 2-6-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2B., 3-19-13; Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 14-13, 10-21-14; Ord. No. 15-06, §§ 1—3, 7-7-15; Ord. No. 15-10, § 2B, 9-15-15; Ord. No. 15-11, §§ 3—5, 11-17-15; Ord. No. 16-01, § 4, 1-19-16; Ord. No. 16-09, §§ 4, 5(Exh. A), 10-4-16; Ord. No. 16-13, § 2, 11-15-16; Ord. No. 16-15, § 5, 11-8-16; Ord. No. 18-03, § 3, 1-16-18; Ord. No. 18-04, § 3, 4-3-18; Ord. No. 19-13, § 3, 9-3- 19; Ord. No. 19-15, § 1, 9-17-19; Ord. No. 21-03, § 4, 3-2-21; Ord. No. 21-08, § 1, 6-15-21; Ord. No. 21-20, § 1, 12-7-21) 257

Ordinance No. 2025-xx Page 33 of 77
Section 13-32 Development standards.

Table 13-32 identifies development standards in the residential zones, with the exception of development standards for common interest developments (see Article 2, common interest developments. See also Article 9, general site improvement standards of this chapter for additional requirements for all the residential zones.

TABLE 13-32

RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS R1 R2-MD R2-HD R3
Minimum Lot Area 6,000 square feet 12,000 square feet 12,000 square feet 12,000 square feet Minimum Lot Area for newly
subdivided lots
6,000 square feet 12,000 square feet 12,000 square feet 12,000 square feet Minimum Lot Width for newly
subdivided lots
Interior lot: 50 feet
Corner lot: 60 feet
Note: All newly subdivided lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width. An exception to this requirement is when the existing R-1 lot (that is proposed to be subdivided) has an average depth that equals to or exceeds 200 feet
Interior lot: 100 feet Corner lot: 100 feet
Note: All newly subdivided lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width; with the exception of common interest developments.

Maximum Number of Stories &
Building Height
2 stories/27 feet for residential land uses. The maximum number of stories and building height for nonresidential land uses s hall be determined in conjunction with the conditional use permit review process.

Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.

Attics Attics shall not be heated or cooled, nor contain any electrical outlets, or operable windows. Attics above second stories sh all be an integral part of the second story roofline and not appear as a third story on any building elevation. Windows in any atti c space above the second story shall be incidental and limited to a dormer style.

Maximum Density (Based on
gross acreage.)
1 dwelling unit per 6,000 square
feet (Note: Only 1 dwelling unit
is permitted per lot.)
1 dwelling unit per 3,630 square
feet 1 unit per 3,000 square feet
for legal lots existing as of
March 16, 1992, that are less
than 7,260 square feet in area
but not less than 6,000 square
feet in area.
1 dwelling unit per 3,000 square
feet
1 dwelling unit per 2,178 square
feet
Minimum Open Space 40% of total lot area 40% of total lot area.

Distance Between Buildings 10-foot minimum between main buildings 6-foot minimum between main buildings and accessory structures Driveway width For all individual driveways: Ten-foot minimum width For lots less than 50 feet wide: 26-foot maximum width 1 For lots greater than 50 feet wide: Driveway width shall be a maximum of 50 percent of the lot width, or a maximum 36-foot width, whichever is less. 1
Same as R1, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit
Driveway length Straight-in driveways to garages shall have a minimum length of 19 feet from the ultimate property line.

Storage Not applicable. Each unit shall be provided with 200 cubic feet of securable 258

Ordinance No. 2025-xx Page 34 of 77
TABLE 13-32

RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS R1 R2-MD R2-HD R3
storage exterior to the unit. If this storage is provided within the garage or carport it shall be located so as not to obstruct the required clear dimensions of the covered parking space (per the City of Costa Mesa Parking Design Standards) at any point less than 4 feet above the finished surface level of the parking stall.

Mechanical equipment,
excluding antennas and flush-
mounted solar panels on roofs
Roof-top location is prohibited on single-family dwelling units.

All other locations: Screening required from public rights-of-way and adjacent properties. Antennas are subject to Chapter IX, Article 2, antennas.

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setb acks from streets are measured from the ultimate property line shown on the master plan of highways).

Front 20 feet 20 feet 20 feet 20 feet
Side Interior property line: 5 feet. Note: Accessory structures that do not exceed 6½ feet in height in the R1 zone or 15 feet in height in the other residential zones may have a zero side setback.

Property line abutting a public street: 10 feet. Note: Driveways providing straight -in access from a public street to a garage shall be at least 19 feet long, as measured from the property line.

Property line abutting an alley: 5 feet
Rear (not abutting a publicly
dedicated alley)
20 feet for 2 story structures.
10 feet for 1 story structures (15 foot maximum height) provided that maximum rear yard coverage is not exceeded.

Note: Accessory structures that do not exceed 6½ feet in height in the R1 zone or 15 feet in height in the R2 zones may have a zero rear yard setback, except on corner lots in the R2 zones.

Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures.
15 feet for 2 story structures.
10 feet for 1 story structures (15-foot maximum height). Note:

Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots (see R2- MD and R2-HD column for setbacks for corner lots).

Rear yard coverage
(maximum)
Rear (not abutting a publicly dedicated alley, street, or park):

Main Buildings: 25% of rear yard area.*
Accessory Buildings: 50% of rear yard area.*
* Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet.

Rear abutting a publicly dedicated alley, street, or park: Not applicable
Not applicable
Rear abutting a publicly
dedicated alley, street, or park
5 feet; however, garages may be required to setback further to ensure adequate back up distance. Rear Yard Coverage does not apply.

Note: Accessory structures that do not exceed 6½ feet in height in the R1 zone or 15 feet in height in the other residential zones may have a zero rear yard setback, except on corner lots in the R2 and R3 zones where accessory structures shall maintain 259

Ordinance No. 2025-xx Page 35 of 77
TABLE 13-32

RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS R1 R2-MD R2-HD R3
setbacks for main structures.

Bluff top setback No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP DEVELOPMENT).

PROJECTIONS (Maximum depth of projections given)
Roof or eaves overhang;
awning
2 feet 6 inches into required side setback or building separation area. 5 feet into required front or rear setback.

Open, unenclosed stairways. 2 feet 6 inches into required setback or building separation area.

Chimneys 2 feet above maximum building height.

Fireplaces 2 feet into required setback or building separation area.

PARKING STANDARDS (See Chapter VI).

LANDSCAPING (See also Chapter VII).

Landscaping Required. All unpaved areas visible from the public right-of-way shall be landscaped and the landscaping shall be maintained in a healthy condition, free of dying, dead, diseased, decayed, discarded, and/or overgrown vegetation.

See Chapter VII, LANDSCAPING.

SIGNS (See Chapter VIII).

POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5 -foot side and 10-foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requirements.

RAISED DECKS
Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.

FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform [to] the city's walls, fences, and landscaping standards.

See ARTICLE 9, GENERAL SITE IMPROVEMENT STANDARDS, of this chapter for further information.

1. The maximum driveway width standards are only applicable to the construction of new single -family residences.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, §§ 1f., g., 6-18-01; Ord. No. 02-4, § 1c, 3-18-02; Ord. No. 02-9, § 1a, 7-1-02; Ord. No. 03- 8, § 4, 9-2-03; Ord. No. 05-3, § 1c., 2-7-05; Ord. No. 09-4, § 1b., 5-5-09; Ord. No. 21-20, § 1, 12-7-21) 260

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Section 13-35 Accessory dwelling units.
(a) Purpose, general plan consistency, definitions.
(1) Purpose and interpretation. The intent of this section is to ensure that accessory dwelling units (ADUs) and Junior ADUs remain as an accessory uses in residential and mixed-use zones, that the structures on parcels are organized to accommodate an ADU and/or Junior ADU, and that such dwelling units do not adversely impact surrounding residents or the community. This section 13-35 is intended to retain the ability of the city to regulate ADUs in terms of design, aesthetics, massing and integration with existing structures and to comply with the requirements of state law.
(2) General plan consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. (3) Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit," "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 66313 as that section may be amended from time to time. b. "Junior ADU" shall have the same meaning as that stated in Government Code section 66313(d) as that section may be amended from time to time. c. A structure is considered "existing" if a building permit was issued and finalized before an ADU or JADU application is submitted under this section. d. The terms "single-family dwelling" and "multifamily dwelling" exclude all detached accessory structures.
e. The term "single-family dwelling" is a dwelling (excluding any ADU or Junior ADU) that is not attached to another dwelling. Single-family dwellings may include detached single-family homes where there is more than one primary dwelling on a lot.
f. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU) within a multifamily dwelling structure.
g. A "multifamily dwelling structure" is a structure which contains at least two lawful dwellings within the structure, excluding ADUs and Junior ADUs.

Storage rooms, boiler rooms, passageways, attics, basements, garages and other non-habitable spaces are considered within a "multifamily dwelling structure" if such non-habitable spaces are within the same structure as at least two other multifamily dwellings.
(b) Accessory dwelling units.
(1) Residential and mixed use zones only. ADUs are permitted in single-family, multifamily, mixed-use zones (i.e., zones where single-family and/or multifamily dwellings are allowed), and within approved master plan sites with residential 261

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uses in other zones, and only on a legal lot with proposed or existing residential dwelling(s) which will remain on site. By way of illustration only, the zones where accessory dwellings are allowed are shown on the Citywide Land Use Matrix at section 13-30. If there is any conflict between the requirement that ADUs be approved in (and only in) zones where single-family and multifamily dwellings are allowed and the Land Use Matrix, the former shall control. (2) Reserved.
(3) Ministerial. Any application for an ADU that meets the requirements of this section shall be approved ministerially by the city by applying the standards herein and without a public hearing or notice of decision or zoning approval in compliance with government code section 66317.
(4) Maximum number of dwelling units. The following is the maximum number of ADUs and or Junior ADUs allowed on any lot.
a. Single-family. One detached, new construction ADU, one conversion ADU, and one junior ADU may be permitted on a lot with a proposed or existing single-family dwelling subject to the following:

1. Conversion within a single-family dwelling.
(i) An ADU and Junior ADU may be within the existing footprint of a lawful single-family dwelling. Alternatively, an ADU may be within a lawfully constructed existing detached accessory structure; in this case up to 150 square feet may be added beyond the physical dimensions of the existing accessory structure solely to accommodate ingress and egress to the ADU; and
(ii) ADUs and Junior ADUs must have independent exterior access from the single-family dwelling, and have side and rear setbacks sufficient for fire safety; and

2. New construction (attached or detached). One new construction ADU may be permitted on a lot with proposed or existing single-family dwelling. One new construction Junior ADU may be allowed on the lot if the Junior ADU is to be in a single-family dwelling that meets all applicable legal standards.
b. Multifamily. One ADU is allowed within new construction residences where, after construction, there will be at least two residences on the lot (e.g. detached residential structures, duplexes, apartments); up to two ADUs are allowed with such structures pursuant to subsection 2, below. For lots with an existing legal multifamily dwelling (e.g., a legal non-conforming multifamily dwelling), the applicant may have ADU(s) pursuant to the following:

1. Maximum ADUs within existing multifamily dwelling structure. No more than 25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one unit, shall be permitted as ADU(s) constructed within the enclosed nonlivable space (e.g., a space in a dwelling not intended for human habitation, including 262

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living, sleeping, eating, cooking, or sanitation)) of the existing multifamily dwelling structures; or

2. Maximum detached ADUs. No more than eight detached ADUs are permitted, provided that the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. The units shall be detached from every residence on site (but need not be detached from each other) with the exception of one ADU, which may be attached to the multifamily dwelling structure. This section shall apply to detached structures that are converted and new construction detached ADUs. Conversion detached ADUs are not subject to height, setbacks, and maximum square footage; or
(5) Maximum size.
a. Single-family.

1. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than 1,200 square feet.

2. Attached. An ADU attached to a single-family dwelling shall be no more than the greater of 50% of the square footage of the existing single-family dwelling or 1,000 square feet.
b. Multifamily, new construction.

1. Detached. For lots with an existing legal multifamily dwelling structure the maximum square footage for a detached ADU is 850 square feet or 1,000 square feet for an ADU that provides more than one bedroom, except as allowed in Government Code Section 66323.; or

2. Attached. For lots with an existing legal multifamily dwelling structure, an attached ADU shall not exceed the greater of 1,000 square feet or 50% of the average floor area of the existing multiple family dwelling units. c. Interior conversions. Notwithstanding subsections a and b immediately above, ADUs which are converted from space entirely within existing structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage.
(6) Minimum size.
a. ADUs may be efficiency units. Notwithstanding the general limitation on efficiency units being no smaller than 220 square feet, ADUs may also be less than 220 square feet, provided that they are no smaller than 150 square feet, and comply with all other legal requirements.
(7) Conversions of dwelling units.
a. Total conversion of single-family dwelling. An entire existing single-family dwelling may be converted to an ADU if the ADU complies with all applicable requirements of this section and a new single-family residence with a total gross floor area exceeding that of the ADU is constructed in full compliance with code requirements.
b. Partial conversion/addition. A portion of the existing single-family or multifamily dwelling may be converted to an ADU with new additional square 263

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footage, which additional square footage shall comply with all standards applicable to the underlying zone, and all converted square footage shall comply with standards applicable to conversions. The maximum square footage of the ADU shall be based upon the size of the existing dwelling before construction of the ADU addition.
(8) Short-term rentals prohibited. An ADU shall not be rented for periods of less than 31 days.
(c) Junior ADUs.
(1) Rule. Junior ADUs shall comply with the requirements of this subsection, in addition to the requirements of subsection (d) of this section 13-35. (2) Maximum size. A Junior ADU shall not exceed 500 square feet in gross floor area.
(3) Owner occupancy requirement. The owner of a parcel proposed for a Junior ADU shall occupy as a primary residence either the primary dwelling unit or the Junior ADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time. (4) Short-term rentals prohibited. A Junior ADU shall not be rented for periods of less than 31 days unless otherwise authorized by the municipal code. (5) Location of Junior ADU. A Junior ADU shall be entirely within an existing or proposed single-family dwelling, including an attached garage. (6) Kitchen requirements. A Junior ADU shall include an efficiency kitchen, including a cooking facility with appliances, outlet for a small refrigerator, food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.
(7) Parking. No additional parking is required beyond that already required for the primary dwelling.
(8) Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a Junior ADU shall not be considered a separate or new unit, unless the Junior ADU was constructed in conjunction with a new single-family dwelling.

No separate connection between the Junior ADU and the utility shall be required for units created within a single-family dwelling, unless the Junior ADU is being constructed in connection with a new single-family dwelling. (9) Exterior and interior access. The Junior ADU shall include an exterior entrance separate from the main entrance to the single-family dwelling. If the Junior ADU shares bathroom facilities with the main dwelling, the Junior ADU shall also have interior entry to the main dwelling's living area.
(d) Development standards and requirements. The following development standards shall not apply to a unit built subject to Government Code section 66323 (a), which includes: 1.) all converted ADUs (converted accessory structures are eligible for a 150 square foot expansion for purposes of ingress and egress), 2.) all converted Junior ADUs (JADUs), 3.) maximum 800-square-foot, new-construction, detached 264

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ADUs with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary unit), with single-family primary dwellings, and 4.) detached units with multifamily primary dwelling structures with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary units). Otherwise, all other ADUs must comply with the following requirements unless the below standards and requirements preclude the development of an 800 square foot ADU with four-foot side and rear setbacks:
(1) Ministerial project. Any application for an ADU or Junior ADU that meets the requirements of this section or as permissible in Government Code Section 66332 shall be approved without a public hearing.
(2) Application by owner. An application for a building permit for an ADU or Junior ADU building permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city-approved application form and subject to the established fee set by city council resolution as it may be amended from time to time.
(3) Separate sale prohibited. Except as otherwise provided by law, ADUs and Junior ADUs may not be sold or otherwise conveyed separate from the primary residence.
(4) Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their equivalent), including water, electric, and sewer services. b. Except as provided in subsection c immediately below, the city may require the installation of a new or separate utility connection between the ADU and the utility. For Junior ADUs, see subsection (c)(8), above. c. No separate connection between the ADU and the utility shall be required for units created within a single-family dwelling, unless the ADU is being constructed in connection with a new single-family dwelling. d. Each ADU and Junior ADU shall have a separate mailing address as assigned by the City.
(5) Recorded covenants. Prior to final inspection and occupancy of JADUs, the owner shall file with the county recorder, in a form approved by the city attorney, a covenant which does all of the following:
a. Prohibit the sale of Junior ADU separate from the single-family residence; and b. Unless subsequently prohibited by an amendment to state law, the JADU shall be considered legal only as long as either the primary residence or the JADU is occupied by the owner of record unless the owner is another governmental agency, land trust, or housing organization; and c. Restrict the JADU to the maximum size allowed by Municipal Code section 13-35, as it may be amended from time to time; and
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d. Confirm that the restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance.
(6) Passageway. No passageway shall be required in conjunction with the construction of an ADU.
(7) Building permits required. Applications for ADUs and Junior ADUs shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Title 5 (Buildings and Structures). By way of reference only, current requirements generally require all dwellings to have no less than 220 square feet. Fire sprinklers shall not be required for ADUs or JADUs if they are not required for the primary residence. The construction of an ADU or JADU alone shall not trigger the requirement for sprinklers in the primary residence. (8) Setbacks.
a. None. No setbacks are required for either: (1) those portions of ADUs that are created by converting existing living area or existing accessory structures to a new ADU; or (2) constructing new ADUs in the same location, while not exceeding the existing dimensions of an existing structure, including height.

Notwithstanding the foregoing, ADUs shall, at minimum, comply with setbacks that are sufficient for fire and life safety.
b. Other setbacks. For all other ADUs, there shall be a minimum of setbacks of four feet from side and rear property lines and full compliance with all applicable front yard setbacks for the underlying zone (except as required by (Gov. Code, § 66321, subd. (b)(3)). Second floor ADUs shall provide setbacks in conformance with the underlying zone. All mechanical equipment associated with the ADU shall maintain the minimum setbacks. c. Distance between structures. The minimum required distance between a detached ADU and the primary dwelling unit, and all other structures on the property, including garages, shall be six feet unless otherwise established by the California Building Code.
(9) Height. Except as authorized in subsection b, below, in no event may any portion of a new construction ADU exceed 27 feet or two stories. Furthermore, except as authorized in subsection a and b, below, an ADU shall be entirely only on the first floor.
a. Second floor or two-stories. An ADU on a lot which has an existing lawfully constructed dwelling, may be in whole or in part on a second floor, or be a two-story ADU, if all five of the following occur:

1. All portions of the ADU structure on a second floor are at least 25 feet from the front property line; and

2. Each stairwell for the ADU is interior or complies with subsection (10), below; and

3. The second floor of any portion of the ADU, if built above a detached garage, does not exceed the footprint of the garage; and 266

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4. No windows are installed on the second floor on side elevations if such windows are within 25 feet of a neighboring dwelling and face the neighboring property unless such windows have a minimum sill height of at least five feet; and

5. The second floor (or the entire two story ADU as applicable) meets the setbacks applicable to additions for the underlying zone. b. Within structure. The ADU is built entirely within either:

1. A proposed or existing lawfully constructed single-family dwelling, except that an external stairwell to the ADU which meets all requirements of this Code, including the requirements of subsection (10), below, may be constructed to allow access to the ADU; or

2. The non-habitable space of an existing multifamily structure or within an accessory structure on a lot with a multifamily structure. (10) Exterior stairways, balconies.
a. Exterior stairways. A new exterior stairway to a second-floor ADU shall not be located on a front facade within 20 feet of a property line abutting a public right of way. Second floor landings using an exterior stairway shall be kept to the minimum size required to comply with applicable codes. Stairways and landings shall incorporate screening materials designed to eliminate views into abutting properties. Stairways and landings, which exceed building code minimum sizes, are prohibited. Stairways and landings shall not be counted toward residential open space requirements.
b. Balconies. New balconies which face the street and are located at the front of the main residential structure are permitted provided that the balcony be set back a minimum of 20 feet from the front property line. On corner properties, balconies may face the side street provided that they maintain the setback for the underlying zone. Balconies within 25 feet of a neighboring residence shall incorporate screening to ensure there are no direct views into the abutting property. New construction balconies that are not facing the front of the property or a side street, are prohibited.
c. Roof decks. No new roof decks are allowed for ADUs.
(11) Architectural standards.
a. Attached and detached ADUs. Attached and detached ADUs shall have the same materials, finishes, and colors as the primary dwelling. b. New construction Junior ADUs. New construction Junior ADUs shall match exterior appearance with the primary unit in terms of materials, finishes, and colors within the same property on which it is proposed to be constructed. (12) Recommended garage conversion design considerations. a. Blank facade. When a garage is converted to an ADU, if the facade of the converted garage is visible from a public right-of-way, the following design considerations are recommended:

1. Be covered with landscaping that covers at least 50% of the wall, or 267

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2. Include openings of at least 10% of the facade with at least one door that complies with section (13) below or one window which matches the material and design of the existing windows on the residence. (13) Driveway removal. If a driveway leading to a garage being converted to an ADU is removed, it must be replaced with landscaping or open space, and the curb cut and driveway apron must be removed and replaced with a curb and gutter and parkway which meets city standards. If a driveway is partially removed, the remaining driveway must provide the minimum parking dimensions per subsection (15) below.
(14) Entry. The entrance to an ADU or Junior ADU shall match the materials and color of the primary residence(s), not be located on the same building elevation as the main entrance of the primary residence(s) and shall be located along the building side, rear, or within the interior of the property, unless the economic and development services director approves an alternative configuration due to unique development circumstances.
(15) Parking.
a. The owner may provide parking that is at least eight and a half (8.5) feet wide and 18 feet long and may be provided as:

1. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk; or

2. Within a setback area or in locations determined feasible by the city.

Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the city.
b. When any parking space or parking structure is converted or demolished in conjunction with the construction of an ADU or converted to an ADU, the off- street parking spaces do not have to be replaced, notwithstanding any other provision of this code to the contrary (e.g., the definition of "driveway" in section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful "driveway" if it leads to a structure that was either converted from a garage into either an ADU or Junior ADU or demolished in conjunction with the construction of an ADU or Junior ADU. In no event shall the demolition of a parking space or parking structure be considered "in conjunction with" the construction of an ADU if the ADU will not be constructed within any portion of the footprint of the demolished garage.
(16) Non-conforming. The city shall not require, as a condition of a permit for an ADU or Junior ADU the correction of nonconforming development standards. (17) Open space and landscaping. ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements of section 13-32 and shall be subject to provide landscaping as required in section 13-106.

Section 13-36 Two-unit Housing Development
(a) For purposes of this section, the following definition shall apply:
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(1) "Housing development" shall mean no more than two primary residential units within a single-family zone that meets the requirements of this section. The total number of units, including ADUs and JADUs, shall not exceed four. (b) The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:
(1) The parcel is located within a single-family residential zone. (2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A hazardous waste site that is listed pursuant to section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA 269

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and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii); g. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no- rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).
j. Lands under a conservation easement.
(4) The proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years. (5) Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
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(c) Standards and Requirements. Except where superseded by the following provisions, two-unit housing development pursuant to Government Code Section 65852.21 shall comply with development standards applicable to the R1 Single- Family Residential District including but not limited to Section 13-32 of this code:
(1) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (2) Except for those circumstances described in section C1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards.
(3) The applicant shall provide easements for the provision of public services and facilities as required.
(4) All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage.
(5) In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code section 65852.21 shall be limited to one driveway ingress/egress per resultant lot.
(6) Required off-street parking shall consist of at least one garage space per unit and the location and configuration of such parking shall be in compliance with the provisions of this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one- half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel. (7) For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last 1 O years, which shows
that the system meets acceptable infiltration rates.
(d) The city shall not require or deny an application based on any of the following:
(1) The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards 271

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generally applicable to the R -1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code standards and regulations and if there are no other feasible means of complying with state law.
(2) The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance. (e) An applicant shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
(1) That the uses shall be limited to residential uses. (2) That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.
(3) That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-35.
(f) The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) The provisions of this section supersede any contrary provisions contained elsewhere in this code.

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Section 13-41 Residential common interest development standards and requirements. (a) Applicability. The provisions of this section shall apply to all proposed new residential common interest development projects and the conversion of existing apartments to residential common interest developments. (b) Development standards. Table 13-41(b) identifies the development standards for residential common interest developments. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:
(1) The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations. (2) All structures proposed to be constructed within a project shall conform to the following requirements:
a. Structures having dwelling units attached side by side shall avoid the long-row effect by being composed of no more than six dwelling units. Alternative designs which accomplish the same purpose may be approved by the final review authority. b. Structures having dwelling units attached side by side shall avoid the long-row effect with a break in the facade by having an offset in the front building line of at least four feet for every two dwelling units within such structure. Alternate designs which accomplish the same purpose may be approved by the final review authority. c. Consideration shall be given to the effect of proposed development on the light, air and privacy of adjacent properties. (3) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the association's covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of six-foot high opaque fences and permanently maintained landscaping.
(4) For high-rise residential projects, see the North Costa Mesa Specific Plan for additional development standards. (5) The developer shall install an on-site lighting system in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the development service department. (6) The development shall comply with the provisions of Chapter XI. Subdivisions, which may include, but are not limited to land 273

Ordinance No. 2025-xx Page 49 of 77
dedication and improvements, such as drainage improvements and payment of fees.

TABLE 13-41(b)

RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS

STANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and excluding townhouses) OTHER UNITS Individual Dwelling Unit Minimum Lot Area All zones: 3,000 square feet with an overall average of 3,500 square feet. The required common lot shall
not be included in the calculation of lot area. Note:

Lot sizes may be reduced proportionately if other
useable open space is provided within the overall
development.

No minimum requirement.

Common Lot Required All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a homeowners association. This lot shall be used for common driveways, parking areas, and at least 10 feet of street setback landscaped areas.

Maximum Number of Stories & Building Height 2 stories/27 feet, except as allowed in the Planned Development or Town Center zoning districts. Note:

Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.

Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 3rd story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style.

Maximum Density (based on gross acreage) Same as underlying zoning district or as specified in an applicable specific plan.

Minimum Open Space Development Lot 40% of total lot area. Exception: For high-rise residential projects, see the North Costa Mesa Specific Plan.

Individual Dwelling Unit Lot 40% overall, with a minimum 400 square-foot area with no dimension less than 15 feet.

Not applicable.

Private Open Space Same as individual dwelling unit lot above. An adjoining patio required with no dimension less than 10 feet. Exception: Not applicable to high-rise
residential projects in the North Costa Mesa Specific
Plan.

Common Open Space Common open space areas shall be designed and located within the development to allow maximum use by all residents. Enclosed buildings used for recreation or leisure facilities should not be used to satisfy more than 15 percent of required open space.

Distance Between Buildings 10-foot minimum between main buildings 6-foot minimum between main buildings and accessory structures
Driveway Width 10-foot minimum, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit.

Driveway Length Straight-in driveways to garages shall have a minimum length of 19-feet from the ultimate property line.

Storage Not applicable. Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is provided within the garage or carport it shall be
located at the front of the parking area so as not to
obstruct the required clear dimensions of the covered
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TABLE 13-41(b)

RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS

STANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and excluding townhouses) OTHER UNITS parking space (per the City of Costa Mesa Parking
Design Standards) at any point less than 4 feet above
the finished surface level of the parking stall.

Exception: Not applicable to high-rise residential
projects in the North Costa Mesa Specific Plan.

Mechanical equipment, excluding antennas and flush-
mounted solar panels on roofs
Roof-top location is prohibited. Screening required from public rights-of-way and adjacent properties.

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setb acks from streets to development lots are measured from the ultimate property line shown on the Master Plan of Highways.) Front Development Lot 20 feet 20 feet
Individual Dwelling Unit Lot None Not applicable
Side (interior) Development Lot 5 feet
Side (street side, if applicable) Development Lot 10 feet Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the property line.

Rear (not abutting a publicly dedicated alley)
Development Lot
20 feet for 2 story structures in R2-MD and R2-HD zones; 15 feet for 2 story structures in the R-3 zone. 10 feet for 1 story structures (15-foot maximum height) provided that maximum rear yard coverage is not exceeded. Exception: Rear yard coverage does not apply to the R-3 zone.

Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots.

Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures.

Rear Yard Coverage (maximum) in the R2-MD and R2-
HD zones
Main Buildings: 25% of rear yard area.*
Accessory Buildings: 50% of rear yard area.*
* Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet.

Rear Abutting a Publicly Dedicated Alley 5 feet; however, garages may be required to set back further to ensure adequate back up distance. Rear Yard Coverage does not apply.

Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots where accessory structures shall maintain setbacks for main structures.

Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP DEVELOPMENT).

PROJECTIONS (maximum depth of projections given)
Roof or Eaves Overhang; Awning 2 feet 6 inches into required side setback or building separation area. 5 feet into required front or rear setback.
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TABLE 13-41(b)

RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS

STANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and excluding townhouses) OTHER UNITS Open, unenclosed stairways 2 feet 6 inches into required setback or building separation area.

Chimneys 2 feet above maximum building height.

Fireplaces 2 feet into required setback or building separation area.

PARKING (See CHAPTER VI)
2-car garage required Yes Not required.

Automatic roll-up garage door with remote controlled
door opener required
Yes Yes, if garages are provided.

Location of Covered Parking Required covered tenant parking shall be located within a reasonable distance of the unit it serves.

Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited.

LANDSCAPING
A detailed landscape plan prepared pursuant to
CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits.

Landscape parkways with a combined width of 10 feet, but not less than 3 feet on one side, shall be provided along the sides of interior private streets and/or common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of 5 feet in width.

SIGNS (See CHAPTER VIII)

POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5 -foot side and 10-foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requ irements.

RAISED DECKS
Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.

FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's wa lls, fences, and landscaping standards.

See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information. (c) Documents required.
(1) A project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and common facilities pursuant to state law (Civil Code 1350-1359). No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to suitability for the proposed use of the open areas.
(2) The developer shall file a declaration of covenants to be submitted with the application for approval, which will govern the association. The provisions shall include, but not be limited to, the following:
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a. The homeowners' association shall be established prior to the sale of any unit(s). b. Membership shall be mandatory for each owner and any successive owner. c. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept available for tenant parking shall be written into the covenants, conditions and restrictions for each project. d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development. e. The declaration of covenants shall contain language or provisions substantially as follows:
i. The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined.
ii. In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the city may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law. (Ord. No. 07-17, § 1e., 10-2-07)
277

Ordinance No. 2025-xx Page 53 of 77
Section 13-42.3 Development standards and requirements. (a) Applicability. The provisions of this section shall apply to all new residential small lot subdivisions of 15 lots or less in multi-family zones and not in combination with other development standards in the overlays zones. (b) Development standards. Table 13-42 identifies the development standards for small lot subdivision developments. See also Article 9 general site improvement standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:
(1) The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations.

Pre-existing development should guide the building setbacks and new development should preserve the existing character of the neighborhood.
(2) The site design must consider both the design elements of each unit and how these designs will enhance the overall neighborhood character and vitality of the street and sidewalk. Building setbacks and site planning must relate to surrounding built form, respecting the overall neighborhood character and existing topography. Additionally, each unit must exhibit a high level of design quality with well-articulated entries and façades, proportionate windows, quality building materials and contextual landscaping.
(3) All structures proposed to be constructed within a project shall conform to the following requirements:
a. Each unit shall be provided with direct pedestrian and vehicular access to a public street, or an alley or a common drive connecting to a public street/alley.
b. Structure shall be constructed to minimize impact of the proposed development on the light, air and privacy of adjacent properties.
(4) On-site lighting shall be provided in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the development services department.
(5) The development shall comply with the provisions of Chapter XI, subdivisions, which may include, but are not limited to, land dedication and improvements, such as drainage improvements and payment of fees. (6) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited 278

Ordinance No. 2025-xx Page 54 of 77
unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of six-foot high opaque fences and permanently maintained landscaping.

Table 13-42

SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Maximum Number of Stories & Building
Height
2 stories/27 feet, except as allowed in the Westside Overlay Districts.

Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.

Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 3rd story on any building elevation.

Windows in any attic space above the second story shall be incidental and limited to a dormer style.

Maximum Density (based on gross
acreage)
Same as underlying zoning district or as specified in an applicable specific plan.

Minimum Open Space (development lot) 35% of total lot area. No asphalt shall be permitted for paved areas. Parking and driveways shall consist of decorative concrete, pavers or other materials as deemed appropriate by the Development Services Director. This requirement may be decreased to a minimum of up to 30%, if the difference in the area is provided as additional open guest parking, located in a common area, and not exclusive for any specific unit.

Minimum Open Space (individual unit) 200 square feet with no dimension less than 10 feet.

Development Lot Separately owned private property interests or any portion thereof, necessary or desirable for common use, are subject to recordation of an easement for reciprocal access and maintenance. All areas of a development with 5 or more parcels, subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. The association may be referred to as a maintenance association.

Parking • Three-bedroom or more units (including a den or home office) – 2 garage spaces and 2 open parking spaces. • Two-bedroom or less units (including a den) – 2 garage spaces and one open parking. • No tandem parking is permitted for open or guest parking spaces.

For developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in front of garages for exclusive use of that unit, one additional on-site guest parking shall be provided. Two additional open guest-parking shall be provided for developments with more than 10 units. • For all small lot developments subject to the provisions of this article, all open parking not located within an individual driveway shall be unassigned and nonexclusive.

Distance Between Buildings 6 feet minimum
Driveway Width (development lot) 10-foot minimum, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit. Driveway width shall be a maximum of 26 feet for lots less than 50 feet wide and a maximum of 50% for lots greater than 50 feet wide.

Driveway Length Straight-in driveways to garages shall have a minimum length of 19 feet from the ultimate public or private right -of-way.

No driveways shall be more than 5 feet in length if parking is not provided in front of garage.

Driveways accessing rear parcels shall be in compliance with the requirements of the Parking Design Standards, minimum separation between driveways and maximum 50% hardscape requirement.

Mechanical Equipment (excluding Roof-top location is prohibited unless completely screened from public rights-of-way and adjacent properties. 279

Ordinance No. 2025-xx Page 55 of 77
Table 13-42

SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) antennas and flush-mounted solar panels
on roofs)
Front Development Lot 20 feet
Side yard (interior) 5 feet.

Rear yard (interior) 15 feet
Side (street side, if applicable) 10 feet
Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the ultimate public or private right-of-way.

Rear Abutting a Publicly Dedicated Alley 5 feet; however, garages may be required to be set back further to ensure adequate back up distance. Rear Yard Coverage does not apply.

Flag Lots and Alley Fronting Lots Flag lots are required to be accessed with a minimum 16-foot wide driveway. Parcels with alley frontage should include a minimum 8-foot wide pedestrian access to the public street in the front. Parcels with frontage only on public alleys are prohibited.

Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see section 13-34 Bluff-top development).

Roof or Eaves Overhang; Awning 2 feet 6 inches into required side setback or building separation area. 5 feet into required front or rear setback.

Open, Unenclosed Stairways Not permitted
Chimneys May extend 2 feet above maximum building height.

Fireplaces 2 feet into required setback of building separation area Automatic Roll-Up Garage Doors Required
Location of Open Parking Guest parking shall be located within a reasonable distance of the unit it serves. Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited.

Trash Storage All units shall be provided with a small alcove inside or outside the unit to allow storage of at least three trash carts without encroaching into the garage space.

All efforts shall be made to provide on-site trash service. Trash carts shall be stored on-site for trash pick up to the greatest extent possible.

Above-Ground Pools and Spas Prohibited in front yards and subject to 5-foot side and rear setback from the main structures.

Raised Decks Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.

LANDSCAPING
A detailed landscape plan prepared pursuant to Chapter VII Landscaping Standards shall be approved by the Planning Division p rior to issuance of any building permits.

SIGNS (See Chapter VIII).

FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform to the city's wa lls, fences, and landscaping standards.

See Article 9 General Site Improvement Standards of this chapter for further information.

PREEXISTING DEVELOPMENT
Small lot subdivisions and structures constructed, permitted or approved under the small lot ordinance prior to October 18, 2 018 shall be considered conforming 280

Ordinance No. 2025-xx Page 56 of 77
Table 13-42

SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) with regard to the above provisions.
(c) Documents required.
(1) Project approval is subject to submission of complete organizational documents setting forth a plan or manner of permanent care and maintenance of any open spaces, recreational areas and commonly used areas/facilities. No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to suitability for the proposed use of the open areas.
(2) Prior to entering into a sales agreement for any property within a small lot subdivision, the developer shall disclose general information regarding the property to the future homebuyers, including, but not limited to, the following:
a. The type, thickness, and R-value of the insulation that has been installed in the home. b. Any exposed hazards during and after construction (lead-based paint, asbestos, etc.). c. Uses other than residential in proximity to the project. d. Unusual adjacent zoning.
e. Distance to airport if within two miles.
f. Where soils, filled ground and geologic information is available. g. Any special costs that will be incurred by the lot buyer as a result of the installation of a building foundation or any other construction due to unusual soil/geological conditions. h. If there is fill in excess of two feet.
i. Schools servicing subdivision and any special conditions. j. Any unusual flooding conditions.
k. Conditions of approval by the city and any resale restrictions. l. Dedications and easements.
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Ordinance No. 2025-xx Page 57 of 77
m. Project phasing plan.
n. CC&Rs.
(3) All small lot subdivisions shall file a declaration of covenants to be submitted with the application for approval. The declaration of covenants shall include, but not be limited to, the following provisions. a. The homeowners' association or a maintenance association (as applicable) shall be established prior to the sale of any unit(s).
b. Membership in the homeowners or maintenance association shall be mandatory for each owner and any successive owner. c. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept available for resident parking shall be written into the covenants, conditions and restrictions for each project. d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development.
e. The declaration of covenants shall contain language or provisions substantially as follows:
i. "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined." ii. "In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the city may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law."
(Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 15-03, § 2, 4-21-15; Ord. No. 18-10, § 2, 9-18-18; Ord. No. 21-20, § 1, 12-7-21)

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Ordinance No. 2025-xx Page 58 of 77
Section 13-74 Elevation and screening requirements.
(a) The finished elevations of all buildings, structures, walls and fences shall be approved by the planning division.
(b) All trash containers and mechanical equipment, such as air conditioning compressors, duct work, and vents shall be screened from public rights-of-way and adjacent properties.
(c) Temporary receptacles, as approved by the public services department for the purposes of public participation in the collection of recyclable products, shall not be considered a trash bin, container or receptacle subject to the requirements of this section. For the purposes of this section, temporary shall mean a period, or periods, of time not exceeding 90 days during any twelve-month period. (d) Pipes and conduits including, but not limited to, plumbing pipes, vents, ducting, fire sprinkler systems and electrical conduits shall not be mounted on exterior walls and roofs.
(1) For existing pipes and conduits, painting to match the surrounding façade shall satisfy this requirement.
(2) If the wall, roof or other element(s) on which the pipe or conduit is located is structurally modified or demolished, the element(s) shall be relocated to conform with the standard outlined in CMMC 13-74(e).
(e) In residential zones, or in any zone adjacent to a residential development, ground mounted mechanical or electrical equipment proposed within eight feet of a neighboring property's windows or doors must comply with one of the mitigation methods listed below (1-3):
(1) A minimum six foot-high block wall separates the equipment from the abutting property’s window(s) and/or door(s) with a minimum separation of four feet between equipment and neighboring window(s) and/or door(s). (2) The equipment does not generate more than 50 decibels (based on manufacturer specifications) and is not greater than the minimum distance required by the building code is setback at least five feet from between the equipment and neighboring window(s) and/or door(s).
(3) The equipment maintains the same setbacks and separations required for main structures.

Section 13-75 Fences and walls.
(a) In residential zones, including planned development, except R-1:
(1) All interior property lines of the master development lot shall have six-foot high solid opaque walls or fences that conform to the city's walls, fences and landscaping standards.
(2) All exterior property lines of the master development lot shall have solid masonry 283

Ordinance No. 2025-xx Page 59 of 77
walls that conform to the city's walls, fences and landscaping standards in respect to height and location as well as the following standards. The final review authority shall approve the wall location, height, masonry materials, and finish. (i) Only one type of wall design with the appropriate mix of masonry materials and finishes shall be permitted for the development lot. (ii) Wall materials such as uncolored cinder block shall be treated with a decorative finish that complements and enhances the project and surrounding neighborhood.
(iii) Exceptions to the requirements stated in subsections (2)(i) through (2)(ii) may be approved by the final review authority. These exceptions may include, but are not limited to, combination masonry walls with vinyl fencing, stained/treated wood, wrought iron fencing, green wall, and green sustainable composite materials.
(iv) The development services director shall review and approve any future additions to the exterior walls, after project completion, which shall be constructed of materials which are either identical and/or compatible with the original wall.
(b) In all residential zones, fences, walls and landscaping shall comply with the standards outlined in Figure 13-75(1).

Figure 13-75(1)
(c) On corner lots, wall and fences in excess of three and a half feet in height shall be set back five feet from the street side property line.
(d) In commercial zones, including planned development: All interior property lines abutting residentially zoned property shall have solid masonry walls, at least 6 feet 284

Ordinance No. 2025-xx Page 60 of 77
but no more than eight feet in height, unless an environmental study requires additional height.
(e) In industrial zones, including planned development: A solid masonry wall, at least six feet in height shall be constructed along all property lines which abut a residential or commercial zone. The maximum wall height shall not exceed eight feet, unless an environmental study requires additional height.
(f) Decorative details and lights such as finials, light fixtures, pilaster caps, pots and similar decorative items may extend no more than twelve inches above the maximum height limit. Decorative items shall be limited to no more than one item for every six lineal feet of fence or wall. Decorative details are prohibited within visibility triangles.
(g) In nonresidential zones, walls and fences within a landscape setback shall be a maximum of 40% solid. This shall be measured as illustrated in Figure 13-75(2).

Figure 13-75(2)
(h) If a fence or wall is constructed adjacent to a public street, the fence or wall shall be approved by the planning division in terms of its compatibility and harmony with the proposed building and site development and buildings and site developments existing or approved for the general neighborhood. For arterial streets that are adjacent to residential developments, new arterial walls shall comply with the city's streetscape and median development standards. No fence or wall located in any street setback shall obscure the required street setback landscaping in the commercial and industrial zones.
(i) Fences and walls located within a visibility triangle shall be limited to two and a half feet in height, as illustrated in Figure 13-75(3) conform to the city's walls, fences and landscaping standards.
285

Ordinance No. 2025-xx Page 61 of 77

Figure 13-75(3)
(j) In all zones, retaining walls shall comply with the standards outlined in figure 13- 75(4).

Figure 13-75(4)
(k) Wall heights shall be measured from the highest finished grade at the base of the wall.
(l) It is unlawful to construct, install, maintain or allow to exist any barbed wire, razor wire, concertina ribbon or similar item in any required setback abutting a public right- of-way, a required setback adjacent to a residential development or on a property with residential development. In all other locations, barbed wire, razor wire, 286

Ordinance No. 2025-xx Page 62 of 77
concertina ribbon and similar items shall maintain a minimum vertical clearance of six feet eight inches from grade.
(m) It is unlawful to install, maintain or allow to exist any electrified fence or any glass, nails or similar items embedded in walls or fences at any location. (n) Chain link fences. In all nonresidential zones, chain link fencing is prohibited in any required setback abutting a public right-of-way. In all residential zones, including planned developments, chain link fencing is prohibited in any area visible from a public street or alley.

Chain link fence removal. A property owner of any residential or planned development property that has an existing chain link fence visible from a public street or alley, shall remove the chain link fence at such time the property owner obtains a building permit, or cumulative building permits over a consecutive twelve- month period, for property improvements valued at $30,000 or more. The chain link fence shall be completely removed prior to the finalization of the last building permit(s) that exceeds the thirty thousand dollar ($30,000.00) valuation. (o) Security gates, in all zones, are subject to review and approval by the planning division in conjunction with the fire department and transportation division. 287

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Section 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
USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Retail; offices; central administrative offices; individual counseling; group counseling; 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
288

Ordinance No. 2025-xx Page 64 of 77
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 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 289

Ordinance No. 2025-xx Page 65 of 77
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 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
Notes:
1 Establishments limited to seating for 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 no t to exceed 30 spaces per 1,000 square feet of floor area of the entire building. Factors that may warrant additional parking inclu de, 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 a pplicable 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 no t to exceed 30 spaces per 1,000 square feet of floor area of the entire building. Factors that may warrant additional parking inclu de, 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 a pplicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses. 5 The square footage of electrical and mechanical equipment and the surrounding three feet for clearance shall be excluded from the calculation of gross floor area for the purpose of determining parking requirements (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) 290

Ordinance No. 2025-xx Page 66 of 77
Section 13-111 Definitions.

As used in this chapter, the following terms shall have the meanings set forth below:

Advertising statuary. An imitation, representation or similitude of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used for commercial purposes.

Area (of sign). The area included within the outer dimensions of a sign. The area of multiple face signs and advertising statuary shall mean one-half the total surface area.

In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be the sum of the areas of each letter or figure. The area of each letter or figure shall be computed by enclosing the letter or figure within sets of parallel lines.

Balloon sign. Any inflatable object having no dimension that exceeds 24 inches, including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the shape of any object, and regardless of whether or not it contains copy.

Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes on private property and not within the public right-of-way. Flags of a nation or of the State of California, displayed as such in an appropriate manner, are excepted from these regulations. See also street banner.

Billboard. A sign that advertises a business, product, service or activity which is not available at or is not conducted on the premises on which the sign is located.

Changeable copy sign. A sign whose copy consists of nonelectronic detachable lettering or numbers that must be manually installed, usually on a series of parallel tracks, including, but not limited to, service station price signs and theater marquees.

Commercial portable sign. Any sign which can be moved from place to place which is not permanently affixed to the ground or to a building used for commercial purposes.

The term portable sign includes, but is not limited to, any sign affixed to an automobile, truck, trailer, or other vehicle where such sign solicits patronage to a specific business by means of parking such a vehicle primarily for the purpose of advertising such business. The term portable sign shall also include a sign posted in or on a vehicle parked on public or private property without written consent of the property owner, advertising that vehicle for sale.

Construction site sign. A sign located on a construction site used to identify the name of the future site occupant and which may include the names, addresses, and telephone numbers of businesses directly related to the construction project, including but not limited to the architect, engineer, contractor and financing entity.

Contiguous window area. Total surface area of a window or individual window panes separated only by vertical or horizontal mullions that are three inches wide or less.

Window areas separated by columns, wide mullions or other elements greater than three inches in width are not considered contiguous. Window area is not considered contiguous if it is located on a separate façade.
291

Ordinance No. 2025-xx Page 67 of 77

Figure 13-111(a)
Convenience sign. A sign, not larger than nine square feet, providing directional information and designed to be viewed on site or adjacent to the site by pedestrians and/or motorists. The term convenience sign shall also include electronic time/temperature signs.

Electronic changeable copy sign. A sign that uses video displays, lamps, fiber optics, light-emitting diodes (LED's) liquid crystal displays, plasma displays, or any other mechanical or light emitting medium to convey messages, movement, or animation imagery during or between messages.

For sale sign. A real estate sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent.

Freestanding sign. A sign supported permanently upon the ground by poles, braces or other supports, and not attached to any building.

Governmental sign. A sign installed by the city or other public agency pursuant to city approval, including, but not limited to, signs for motorist or pedestrian safety.

Height (of sign). The vertical distance from grade to the highest point of the sign or sign structure.

Illegal sign. Any sign installed or modified in violation of the Costa Mesa Municipal Code at the time the sign was installed or modified.

Illumination exterior. Illumination cast on a sign from an exterior source, such as a floodlight.

Illumination interior. Illumination generated from the interior of a sign.

Illumination interior with opaque background. Interior illumination of a sign where the 292

Ordinance No. 2025-xx Page 68 of 77
background of the sign face is opaque and only the copy is illuminated.

Inflatable sign. Any inflatable object having any dimension in excess of 24 inches, including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the shape of any object, and regardless of whether or not it contains copy.

Mural or super graphic. A large image, picture, or design painted on or affixed to the exterior of a building or structure. A mural or super graphic is a sign only if it is related by language and/or logo to the advertisement of any product or service or the identification of any business.

Neighborhood identification sign. A sign identifying the entrance to a residential area consisting of five or more acres.

Non-commercial banner, flags, or pennants. Any cloth, bunting, plastic, paper, or similar material which is not used for advertising purposes on private property and not within the public right-of-way. Examples of non-commercial banners generally include, but are not limited to, signs that espouse a political or religious viewpoint, and signs commenting on public official(s) or matter(s) of public discourse.

Non-commercial portable sign. Any sign which can be moved from place to place which is not permanently affixed to the ground or to a building which is not used for commercial purposes. Examples of noncommercial signs generally include, but are not limited to, signs that espouse a political or religious viewpoint, and signs commenting on public official(s) or matter(s) of public discourse.

Nonconforming sign. A sign which was legally installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this chapter.

Open house sign. A real estate sign with the words "Open House" as the primary copy for the premises on which the sign is located.

Painted wall sign. Any sign painted directly on the exterior surface of a building or structure, except awnings or canopies. (See "mural or super graphic").

Permanent window sign. A sign that is placed on or behind a window for a period of time in excess of 60 days. Paper or cardboard signs, or signs painted directly onto the surface of a window are not considered permanent window signs regardless of the duration of display.

Public baseball/softball field. Any baseball and/or softball field owned, rented, or leased by the city or used by the city under a joint use agreement.

Public property. Any building, park, grounds, structures, or other real property (collectively referred to as "property" for the purpose of this definition) owned, rented, or leased by the city not within the public right-of-way or any such property used by the city under a joint use agreement. For the purposes of this definition, public property does not include public baseball and softball fields.

Public right-of-way. Any public sidewalk, street, alley or highway improved to allow vehicular and pedestrian access and adjacent city landscape areas including trees 293

Ordinance No. 2025-xx Page 69 of 77
therein, traffic control devices, street name signs, fire hydrants and other structures, under the ownership and jurisdiction of the city or the state.

Real estate sign. A temporary sign placed for the purposes of advertising the premises on which the sign is located as either for sale, lease or rent, and includes for sale sign and open house sign.

Sign. Any medium for visual communication, including its copy, structure and component parts, which is used or intended to be used to attract attention to, or identify, or advertise a business, product, service, activity, or location or to provide information. "Sign" includes statuary and graphic wall designs used for advertising purposes. "Sign" includes billboards, but does not include handbills.

Site. One or more parcels of land identified by the assessor's records and for which an integrated building development exists or has been proposed.

Street. A public or private alley, street or highway improved to allow vehicular access.

Street banner. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes on a light standard within the public right-of-way.

Temporary window sign. A non-illuminated sign placed on or behind a window for a period of time not in excess of 60 days for the purpose of advertising special sales, prices, products or services, including paper or cardboard signs, or signs painted directly onto the surface of a window.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-10, § 1, 7-19-99; Ord. No. 02-8, § 1a, 4-15-02; Ord. No. 04-11, §§ 1, 2, 10-18-04; Ord. No. 11-11, § 1, 9-20-11; Ord. No. 16-04, § 2, 8- 2-16; Ord. No. 18-02, § 2, 1-16-18)
294

Ordinance No. 2025-xx Page 70 of 77
Section 13-142 Development standards.

Table 13-142 identifies the development standards for antennas. Proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit pursuant to section 13-144, Minor conditional use permit requirements.

TABLE 13-142

ANTENNA DEVELOPMENT STANDARDS

STANDARDS SATELLITE DISH AMATEUR RADIO COMMUNICATION
Maximum Height (measured from the property's grade to the highest point of the antenna) Residential Zone or
Nonresidential Zone Adjacent
to a Residential Zone:
15 feet 75 feet 30 feet
Other Nonresidential Zone: Not to exceed allowable building height Same as above Same as above Front Yard Location Permitted No
Side and Rear Setbacks (setbacks apply to antenna support structure and to arrays and projections attached thereto, unless otherwise noted) Residential Zone: Side: Comply with setbacks for accessory structures, with a minimum setback of 5 feet.

Rear: Ground-mounted antenna support structures may be located in a required rear yard if located as far forward as possible from the rear property line. Minimum of 5 feet for arrays and projections attached to the antenna support structure.

Nonresidential Zone: Side and Rear: Comply with setbacks for main structures, with a minimum setback of 5 feet.

Exception: Side and/or Rear, when adjacent to a Residential Zone: Minimum of 5 feet from the residential property line.

Additionally, the antenna support structure shall be located as far as possible from the residential property line.

Roof-mounted Location Shall be located on the portion of the roof farthest from any adjacent street, residential zone (if applicable), bluff, and/o r park, whichever location will result in the least visual impact.

Maximum Number
Residential Zone or
Nonresidential Zone adjacent
to a Residential Zone:

One Exception: Legally subdivided
residential units in small lot subdivision
projects, and units in Planned Unit
Development projects with individual lots,
shall each be allowed one satellite dish
antenna unless otherwise prohibited.

One antenna support structure in
excess of 30 feet.

One whip antenna in excess of 30
feet.

Note: There is no limit on the number
of antennas which do not exceed 30
feet in height.

One antenna support structure
Other Nonresidential Zone: No regulation No regulation No regulation Maximum Diameter
Residential Zone or
Nonresidential Zone adjacent
to a Residential Zone:
10 feet Any dish-shaped element attached to an antenna: 2 feet Exception: Any dish-shaped element in excess of 2 feet in diameter that is attached to an antenna shall require approval of a minor conditional use permit and comply with the satellite dish antenna development standards regarding maximum height (applicable to dish element only) diameter, screening and materials, as applicable.

Other Nonresidential Zone: No regulation Dish-shaped elements in excess of 2 feet in diameter shall comply with the satellite dish antenna development standards regarding maximum height (applicable to dish element only) and materials.

Screening Required
Residential Zone or
Screening, either partial or total, may be
required by the planning division when the
Ground-mounted: No regulation.

Roof-mounted: Antennas less than
Ground-mounted:

Screening shall be required when the
295

Ordinance No. 2025-xx Page 71 of 77
TABLE 13-142

ANTENNA DEVELOPMENT STANDARDS

STANDARDS SATELLITE DISH AMATEUR RADIO COMMUNICATION
Nonresidential Zone adjacent
to a Residential Zone:
antenna is visible from off-site.

The screening may consist of a solid,
opaque fence, wall, vegetation, landscaping
and/or any other material deemed
acceptable by the planning division.
30 feet in height: No regulation.

Antennas 30 feet or more in height:

Screening may be required in
Nonresidential Zones if necessary to
lessen visual impacts on the adjacent
Residential Zone(s), under the
direction of the planning division.
antenna and support structures/equipment is
visible from off site.

Roof-mounted: Screening may be required if
necessary to lessen visual impacts, under the
direction of the planning division.

Other Nonresidential Zone: No regulation Same as above Color All antennas visible from off-site shall be finished in a color deemed unobtrusive to the neighborhood in which it is located, under the direction of the planning division.

Signs No sign of any kind shall be posted or displayed on any antenna.

Radiofrequency (RF) Radiation No transmitting antenna or facility, except as categorically excluded by the Federal Communication Commission, shall exceed the radiofrequency (RF) radiation and maximum permissible exposure (MPE) limits for electrical and magnetic field strength an d power density established by the National Council on Radiation Protection and Measurements (NCRP) and the 1992 ANSI/IEEE for an "uncontrolled environment." It shall be the responsibility of the applicant to provide evidence of compliance with app licable standards.

Wiring All electrical and antenna wiring shall be encased in tubing or other devices acceptable to the planning division and/or conc ealed to the maximum extent feasible to minimize visual impact.

Materials When the antenna exceeds 6 feet in height above grade, the dish-shaped element shall be of a mesh construction.

Not applicable.

Other Requirements Ground-mounted antennas shall not reduce the area required for parking, internal circulation or other development standards in this Zoning Code.

All antennas shall be permanently mounted, and no antenna may be installed on a portable or movable structure. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 23, 3-2-98; Ord. No. 21-20, § 1, 12-7-21) 296
ATTACHMENT 1
Section 13-265.5 Parcel Maps for Urban Lot Splits.
(a) Definitions. For purposes of this section, the following definition shall apply:
(1) "Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.
(b) The city shall ministerially approve a parcel map for a lot split that meets the following applicable requirements:
(1) The parcel is located within a single-family residential zone. (2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel. (4) Both newly created parcels are no smaller than 1,200 square feet. (5) The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
f. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted 297

Ordinance No. 2025-xx Page 73 of 77
by the California Building Standards Commission under the California Building Standards Law and by the city's building department. g. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii); h. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).
k. Lands under a conservation easement.
(6) The proposed lot split would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that 298

Ordinance No. 2025-xx Page 74 of 77
restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years. (7) The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units. (c) Standards and Requirements. Except where superseded by the following provisions or state law, Parcel Maps for Urban Lot Splits pursuant to Government Code Section 66411.7 shall comply with the development standards applicable to the R1 Single-Family Residential District including but not limited to Section 13-32 of this code:
(1) The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Title 13 of this code, except as the same are modified by this section.
(2) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) Except for those circumstances described in section C2 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards. (4) The applicant shall provide easements for the provision of public services and facilities as required.
(5) Units constructed on sites created pursuant to Government Code Section 66411.7 shall adhere to the following:
a. All new development shall be constructed, in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District.
b. Each unit which is attached to an existing or proposed dwelling shall have the same design, materials, finishes, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District.
c. Any proposed detached units on the same lot shall be compatible in exterior appearance with an existing unit in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code standards and design guidelines 299

Ordinance No. 2025-xx Page 75 of 77
applicable to the R1 Single-Family Residential District. (6) All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot frontage if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage. (7) In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code section 66411.7 shall be limited to one driveway ingress/egress per resultant lot. (8) Required off-street parking shall consist of at least one garage parking space per unit and the location and configuration of such parking shall be in compliance with the standards set forth in this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel. (d) The city shall not deny an application based on any of the following:
(1) The city shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.
(2) The city shall not impose any objective zoning, subdivision, or design standards that would have the effect of physically precluding the creation of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards generally applicable to the R-1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code standards and regulations and if there are no other feasible means of complying with state law.
(3) The city shall not require the correction of nonconforming zoning provisions as a condition for the lot split.
(4) The city shall not deny an application solely because it proposes an adjacent or connected structure provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the 300

Ordinance No. 2025-xx Page 76 of 77
following:
(1) That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
(2) That the uses shall be limited to residential uses. (3) That any rental of any unit created by the lot split shall be for a minimum of thirty-one days.
(4) That the maximum number of units to be allowed on the parcels is four, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-36.
(f) The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) This section shall not apply to:
(1) Any parcel which has been established pursuant to a lot split in accordance with this section; or
(2) Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot.

However, acting in concert is not limited to this situation. (h) The provisions of this section supersede any contrary provisions contained elsewhere in this code.

301
ATTACHMENT 2
Resolution No. 2025-xx Page 1 of 9
RESOLUTION NO. 2025-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, AMENDING THE CITY OF COSTA MESA PROCEDURE FOR

DETERMINING SHARED PARKING REQUIREMENTS (CODE AMENDMENT PCTY - 2025-0001)

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:

WHEREAS, Costa Mesa Municipal Code Section 13-89 requires the calculation of shared parking demand for mixed-use developments as established by City Council adoption of the City of Costa Mesa Procedure for Determining Shared Parking Requirements; and
WHEREAS, Costa Mesa Municipal Code Section 13-89 includes provisions to update the City of Costa Mesa Procedure for Determining Shared Parking Requirements from time to time by resolution of the City Council; and WHEREAS, the current City of Costa Mesa Procedure for Determining Shared Parking Requirements uses outdated data from 1985, which does not accurately reflect modern parking demand; and
WHEREAS, updates to the City of Costa Mesa Procedure for Determining Shared Parking Requirements are essential to calculate an accurate parking demand for mixed-use developments; and
WHEREAS, Staff has completed a study using industry standard sources, including the Urban Land Institute (ULI) Shared Parking, 3rd Edition and Institute of Transportation Engineers (ITE) Parking Generation, 6th Edition, to update the uses and parking data included in the City of Costa Mesa Procedure for Determining Shared Parking Requirements; and
WHEREAS, these study results can be used to calculate combined parking demand for mixed-use developments on one site.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

Section 1: Compliance with CEQA. Adoption of this resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that this 302

Resolution No. 2025-xx Page 2 of 9

action will not have any significant effect on the environment. The proposed amendment qualifies for this exemption because;

The proposed amendment does not establish any new regulatory framework. The shared parking table already exists in the City’s Municipal Code and is a long-standing tool used to calculate parking demand. The update simply refines the existing table by revising the hourly distribution of parking demand and expanding the list of uses to reflect current development practices. These refinements improve the accuracy of parking demand calculations without altering the underlying methodology.

By increasing accuracy, the amendment reduces the risk of either underestimating or overestimating parking needs, thereby minimizing the chance of indirect impacts such as spillover parking, unnecessary construction of surplus parking, or related transportation and greenhouse gas concerns. Importantly, the amendment does not change what land uses are permitted, the allowable floor area, or the required parking ratios. Development potential continues to be constrained by existing Floor Area Ratio standards and the City’s Land Use Matrix. Furthermore, the parking ratios are not relaxed but only change the distribution of demand. Thus, the maximum parking ratios remain unchanged. Therefore, there is no new construction or physical change to the environment resulting from this amendment.

Because the amendment only improves the precision of an existing analytical tool without expanding development capacity or creating new physical impacts, the amendments will reduce potential impacts compared to the existing table. This includes fewer unnecessary surface lots, which means less impervious surface, stormwater runoff, and heat island effect. There would also be fewer spillover parking issues in neighborhoods due to less traffic circulation and emissions from providing a more efficient supply of parking that also allows for more space for the potential of pedestrian or bicycle paths of travel, or increases in landscape area. This is all substantiated by the case studies we provide within the analysis.

303

Resolution No. 2025-xx Page 3 of 9

Based on this evidence, it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment, and therefore, is exempt from further review under CEQA Section 15061(b)(3).

Section 2: Amendment. The City of Costa Mesa Procedure for Determining Shared Parking Requirements is hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

BE IT FURTHER RESOLVED that the CEQA exemption for this project reflects the independent judgement of the City.

BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.

PASSED AND ADOPTED this ___ day of XX, 2025.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

304

Resolution No. 2025-xx Page 4 of 9

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 202 5-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___day of _____, 2025, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this ___day of _____, 2025.

___________________________
Brenda Green, City Clerk
305

Resolution No. 2025-xx Page 5 of 9

Appendix A. Hourly Adjustments for City of Costa Mesa Procedure for Determining Shared Parking Requirements City
Identified
Land Use
Office < 25,000 SF Office >= 25,000 SF Grocery Store Department/Super Store Other Retail Medical/Dental
Offices
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 3% 0% 3% 0% 7% 5% 15% 17% 0% 0% 0% 0%
7:00 AM 14% 2% 14% 2% 22% 22% 33% 37% 0% 0% 7% 4%
8:00 AM 48% 6% 48% 6% 32% 32% 42% 47% 19% 0% 93% 41%
9:00 AM 88% 8% 88% 8% 55% 55% 60% 67% 33% 38% 93% 41%
10:00 AM 100% 9% 100% 9% 65% 65% 69% 77% 47% 55% 100% 43% 11:00 AM 96% 10% 96% 10% 72% 72% 79% 88% 55% 66% 100% 43% NOON 79% 9% 80% 9% 87% 87% 89% 100% 89% 85% 54% 28%
1:00 PM 82% 8% 82% 8% 92% 92% 89% 100% 100% 100% 93% 0% 2:00 PM 95% 6% 95% 6% 96% 96% 89% 100% 73% 96% 100% 0%
3:00 PM 91% 4% 91% 4% 97% 97% 89% 100% 73% 79% 100% 0%
4:00 PM 79% 2% 80% 2% 100% 100% 86% 96% 66% 66% 93% 0%
5:00 PM 56% 1% 56% 1% 100% 100% 78% 87% 70% 64% 87% 0%
6:00 PM 23% 1% 24% 1% 97% 97% 69% 77% 75% 67% 67% 0%
7:00 PM 14% 0% 14% 0% 79% 79% 55% 62% 70% 70% 30% 0%
8:00 PM 5% 0% 5% 0% 52% 52% 42% 47% 54% 70% 15% 0%
9:00 PM 3% 0% 3% 0% 33% 33% 29% 32% 48% 51% 0% 0%
10:00 PM 1% 0% 1% 0% 20% 20% 11% 12% 0% 0% 0% 0%
11:00 PM 0% 0% 0% 0% 7% 7% 7% 8% 0% 0% 0% 0%
MIDNIGHT 0% 0% 0% 0% 7% 7% 4% 5% 0% 0% 0% 0%

306

Resolution No. 2025-xx Page 6 of 9

City
Identified
Land Use
Restaurants with
Less than 300 SF of
Public Area
Fast Food w/ Drive
Thru
Restaurants Without
Breakfast
Restaurants With
Breakfast
Bars And
Nightclubs
Breweries And
Distilleries
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 7% 6% 0% 0% 0% 0% 28% 15% 0% 0% 0% 0%
7:00 AM 11% 11% 0% 0% 3% 3% 53% 31% 0% 0% 0% 0%
8:00 AM 21% 21% 0% 0% 6% 4% 64% 50% 0% 0% 0% 0%
9:00 AM 31% 31% 0% 0% 10% 8% 77% 71% 0% 0% 0% 0%
10:00 AM 57% 58% 20% 0% 23% 11% 87% 90% 0% 0% 0% 0%
11:00 AM 85% 87% 40% 50% 41% 23% 91% 90% 0% 0% 0% 0%
NOON 98% 100% 100% 84% 67% 54% 100% 98% 0% 0% 56% 47%
1:00 PM 98% 100% 93% 100% 67% 58% 91% 85% 1% 1% 54% 69% 2:00 PM 89% 91% 80% 94% 60% 49% 56% 68% 1% 1% 56% 78%
3:00 PM 60% 61% 53% 64% 39% 49% 49% 44% 1% 1% 61% 88%
4:00 PM 55% 56% 33% 64% 47% 49% 49% 48% 1% 2% 66% 94%
5:00 PM 60% 61% 40% 59% 69% 66% 77% 63% 3% 4% 85% 97%
6:00 PM 84% 86% 37% 100% 84% 91% 82% 72% 25% 29% 98% 100% 7:00 PM 80% 81% 20% 72% 87% 96% 82% 72% 47% 54% 100% 94% 8:00 PM 50% 51% 33% 72% 87% 100% 82% 68% 67% 77% 95% 86% 9:00 PM 31% 31% 20% 61% 87% 91% 62% 36% 87% 100% 76% 79% 10:00 PM 21% 21% 0% 0% 84% 91% 56% 29% 87% 100% 0% 58%
11:00 PM 11% 11% 0% 0% 67% 89% 74% 21% 66% 100% 0% 0%
MIDNIGHT 7% 7% 0% 0% 23% 50% 26% 13% 44% 100% 0% 0%

307

Resolution No. 2025-xx Page 7 of 9

City
Identified
Land Use
Active
Entertainment -
Open After 11 PM
and/or Serves
Alcohol
Active
Entertainment -
Closes Before 11
PM and No Alcohol
Studios, Dance,
Marital Arts, Music,
Etc.

Movie Theaters Auditoriums
Health
Clubs/Physical
Fitness Facilities
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 0% 0% 0% 1% 70% 65% 0% 0% 0% 0% 70% 65%
7:00 AM 0% 0% 0% 1% 42% 37% 0% 0% 2% 2% 42% 37%
8:00 AM 0% 0% 0% 1% 42% 29% 0% 0% 2% 2% 42% 29%
9:00 AM 0% 1% 2% 3% 70% 41% 0% 0% 4% 4% 70% 41%
10:00 AM 0% 1% 24% 30% 70% 29% 0% 0% 4% 4% 70% 29%
11:00 AM 0% 1% 56% 69% 80% 41% 0% 0% 4% 4% 80% 41%
NOON 0% 1% 71% 87% 61% 41% 14% 21% 6% 6% 61% 41%
1:00 PM 1% 1% 75% 91% 70% 25% 29% 46% 6% 32% 70% 25%
2:00 PM 1% 1% 79% 96% 70% 21% 35% 55% 6% 73% 70% 21%
3:00 PM 1% 1% 79% 96% 70% 25% 36% 56% 6% 73% 70% 25%
4:00 PM 2% 2% 75% 90% 80% 46% 36% 56% 6% 6% 80% 46%
5:00 PM 4% 5% 79% 96% 91% 82% 40% 62% 6% 6% 91% 82%
6:00 PM 26% 30% 83% 100% 100% 78% 40% 62% 18% 18% 100% 78% 7:00 PM 49% 55% 79% 96% 89% 50% 52% 81% 36% 38% 89% 50% 8:00 PM 69% 78% 75% 91% 78% 25% 64% 100% 93% 100% 78% 25% 9:00 PM 89% 100% 54% 66% 67% 9% 64% 100% 93% 100% 67% 9% 10:00 PM 89% 100% 8% 10% 34% 2% 52% 100% 5% 5% 34% 2%
11:00 PM 89% 100% 0% 1% 11% 2% 42% 80% 2% 2% 11% 2%
MIDNIGHT 89% 100% 0% 1% 0% 0% 26% 50% 1% 1% 0% 0%

308

Resolution No. 2025-xx Page 8 of 9

City
Identified
Land Use
Event Centers Banks/Savings and
Loans/Credit Unions
Furniture And
Appliance Stores
With Greater Than
5,000 Sf of Floor
Area
Hotels1
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 0% 1% 0% 0% 15% 17% 84% 84%
7:00 AM 0% 1% 0% 0% 20% 22% 87% 87%
8:00 AM 0% 1% 54% 39% 33% 37% 91% 91%
9:00 AM 2% 3% 94% 49% 51% 57% 83% 83%
10:00 AM 24% 30% 100% 67% 78% 62% 74% 74%
11:00 AM 56% 69% 71% 79% 89% 82% 74% 74%
NOON 71% 87% 71% 74% 90% 96% 70% 70%
1:00 PM 75% 91% 71% 0% 89% 100% 70% 70%
2:00 PM 79% 96% 83% 0% 88% 96% 74% 74%
3:00 PM 79% 96% 71% 0% 83% 96% 74% 74%
4:00 PM 75% 90% 88% 0% 78% 82% 74% 74%
5:00 PM 79% 96% 100% 0% 74% 77% 79% 79%
6:00 PM 83% 100% 0% 0% 69% 77% 79% 79%
7:00 PM 79% 96% 0% 0% 56% 82% 77% 77%
8:00 PM 75% 91% 0% 0% 47% 92% 81% 81%
9:00 PM 54% 66% 0% 0% 29% 72% 85% 85%
10:00 PM 8% 10% 0% 0% 11% 12% 85% 85%
11:00 PM 0% 1% 0% 0% 0% 0% 88% 88%
MIDNIGHT 0% 1% 0% 0% 0% 7% 88% 88%
1 Apply the corresponding Land Use category for ancillary hotel uses. 309

Resolution No. 2025-xx Page 9 of 9

City
Identified
Land Use
Residential: Studio Residential: 1
Bedroom
Residential: 2
Bedroom
Residential: 3
Bedrooms or more
City
Parking
Ratios
1 covered, 0.5 open,

0.5 guest parking
spaces / unit
1 covered, 1 open,

0.5 guest parking
spaces / unit
1 covered, 1.5 open,

0.5 guest parking
spaces / unit
1 covered, 2.5 open,

0.5 guest parking
spaces / unit
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 81% 77% 81% 77% 87% 83% 90% 85%
7:00 AM 73% 75% 74% 76% 78% 80% 81% 81%
8:00 AM 65% 71% 66% 71% 70% 75% 72% 77%
9:00 AM 57% 67% 58% 67% 61% 70% 62% 72%
10:00 AM 53% 63% 53% 63% 56% 66% 57% 67%
11:00 AM 49% 62% 49% 62% 52% 65% 53% 66%
NOON 45% 61% 45% 61% 47% 64% 48% 65%
1:00 PM 45% 60% 45% 60% 47% 63% 48% 64%
2:00 PM 45% 59% 45% 59% 47% 62% 48% 63%
3:00 PM 49% 50% 49% 50% 52% 52% 53% 53%
4:00 PM 53% 54% 53% 54% 56% 57% 57% 58%
5:00 PM 59% 53% 60% 53% 62% 54% 63% 54%
6:00 PM 66% 52% 66% 51% 68% 51% 68% 51%
7:00 PM 74% 62% 74% 61% 74% 59% 75% 58%
8:00 PM 78% 70% 78% 70% 79% 68% 79% 67%
9:00 PM 82% 79% 82% 79% 83% 77% 84% 76%
10:00 PM 91% 87% 91% 87% 93% 86% 93% 86%
11:00 PM 90% 89% 91% 89% 93% 89% 95% 89%
MIDNIGHT 90% 93% 90% 93% 94% 96% 96% 97%

310
ATTACHMENT 3
1 Proposed Hourly Adjustments for City of Costa Mesa Procedure for Determining Shared Parking Requirements City
Identified
Land Use
Office < 25,000 SF Office >= 25,000 SF Grocery Store Department/Super Store Other Retail Medical/Dental
Offices
City
Parking
Ratios
4 parking spaces /
1,000 SF
4 parking spaces /
1,000 SF
4 parking spaces /
1,000 SF
4 parking spaces /
1,000 SF
4 parking spaces /
1,000 SF
6 parking spaces /
1,000 SF
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 3% 0% 3% 0% 7% 5% 15% 17% 0% 0% 0% 0%
7:00 AM 14% 2% 14% 2% 22% 22% 33% 37% 0% 0% 7% 4%
8:00 AM 48% 6% 48% 6% 32% 32% 42% 47% 19% 0% 93% 41%
9:00 AM 88% 8% 88% 8% 55% 55% 60% 67% 33% 38% 93% 41%
10:00 AM 100% 9% 100% 9% 65% 65% 69% 77% 47% 55% 100% 43% 11:00 AM 96% 10% 96% 10% 72% 72% 79% 88% 55% 66% 100% 43% NOON 79% 9% 80% 9% 87% 87% 89% 100% 89% 85% 54% 28%
1:00 PM 82% 8% 82% 8% 92% 92% 89% 100% 100% 100% 93% 0% 2:00 PM 95% 6% 95% 6% 96% 96% 89% 100% 73% 96% 100% 0%
3:00 PM 91% 4% 91% 4% 97% 97% 89% 100% 73% 79% 100% 0%
4:00 PM 79% 2% 80% 2% 100% 100% 86% 96% 66% 66% 93% 0%
5:00 PM 56% 1% 56% 1% 100% 100% 78% 87% 70% 64% 87% 0%
6:00 PM 23% 1% 24% 1% 97% 97% 69% 77% 75% 67% 67% 0%
7:00 PM 14% 0% 14% 0% 79% 79% 55% 62% 70% 70% 30% 0%
8:00 PM 5% 0% 5% 0% 52% 52% 42% 47% 54% 70% 15% 0%
9:00 PM 3% 0% 3% 0% 33% 33% 29% 32% 48% 51% 0% 0%
10:00 PM 1% 0% 1% 0% 20% 20% 11% 12% 0% 0% 0% 0%
11:00 PM 0% 0% 0% 0% 7% 7% 7% 8% 0% 0% 0% 0%
MIDNIGHT 0% 0% 0% 0% 7% 7% 4% 5% 0% 0% 0% 0%

311
ATTACHMENT 3
2 City
Identified
Land Use
Restaurants with
Less than 300 SF of
Public Area
Fast Food w/ Drive
Thru
Restaurants Without
Breakfast
Restaurants With
Breakfast
Bars And
Nightclubs
Breweries And
Distilleries
City
Parking
Ratios
4 parking spaces /
1,000 SF
10 parking spaces /
1,000 SF
10 parking spaces /
1,000 SF
10 parking spaces /
1,000 SF
10 parking spaces /
1,000 SF
10 parking spaces /
1,000 SF
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 7% 6% 0% 0% 0% 0% 28% 15% 0% 0% 0% 0%
7:00 AM 11% 11% 0% 0% 3% 3% 53% 31% 0% 0% 0% 0%
8:00 AM 21% 21% 0% 0% 6% 4% 64% 50% 0% 0% 0% 0%
9:00 AM 31% 31% 0% 0% 10% 8% 77% 71% 0% 0% 0% 0%
10:00 AM 57% 58% 20% 0% 23% 11% 87% 90% 0% 0% 0% 0%
11:00 AM 85% 87% 40% 50% 41% 23% 91% 90% 0% 0% 0% 0%
NOON 98% 100% 100% 84% 67% 54% 100% 98% 0% 0% 56% 47%
1:00 PM 98% 100% 93% 100% 67% 58% 91% 85% 1% 1% 54% 69% 2:00 PM 89% 91% 80% 94% 60% 49% 56% 68% 1% 1% 56% 78%
3:00 PM 60% 61% 53% 64% 39% 49% 49% 44% 1% 1% 61% 88%
4:00 PM 55% 56% 33% 64% 47% 49% 49% 48% 1% 2% 66% 94%
5:00 PM 60% 61% 40% 59% 69% 66% 77% 63% 3% 4% 85% 97%
6:00 PM 84% 86% 37% 100% 84% 91% 82% 72% 25% 29% 98% 100% 7:00 PM 80% 81% 20% 72% 87% 96% 82% 72% 47% 54% 100% 94% 8:00 PM 50% 51% 33% 72% 87% 100% 82% 68% 67% 77% 95% 86% 9:00 PM 31% 31% 20% 61% 87% 91% 62% 36% 87% 100% 76% 79% 10:00 PM 21% 21% 0% 0% 84% 91% 56% 29% 87% 100% 0% 58%
11:00 PM 11% 11% 0% 0% 67% 89% 74% 21% 66% 100% 0% 0%
MIDNIGHT 7% 7% 0% 0% 23% 50% 26% 13% 44% 100% 0% 0%

312
ATTACHMENT 3
3 City
Identified
Land Use
Active
Entertainment -
Open After 11 PM
and/or Serves
Alcohol
Active
Entertainment -
Closes Before 11
PM and No Alcohol
Studios, Dance,
Marital Arts, Music,
Etc.

Movie Theaters Auditoriums
Health
Clubs/Physical
Fitness Facilities
City
Parking
Ratios
4 parking spaces /
1,000 SF
4 parking spaces /
1,000 SF
10 parking spaces /
1,000 SF
1 space/ 3 fixed seats
or 1 space/ 35 square
feet of seating area if
there are no fixed
seats
1 space/ 3 fixed seats
or 1 space/ 35 square
feet of seating area if
there are no fixed
seats
10 parking spaces /
1,000 SF
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 0% 0% 0% 1% 70% 65% 0% 0% 0% 0% 70% 65%
7:00 AM 0% 0% 0% 1% 42% 37% 0% 0% 2% 2% 42% 37%
8:00 AM 0% 0% 0% 1% 42% 29% 0% 0% 2% 2% 42% 29%
9:00 AM 0% 1% 2% 3% 70% 41% 0% 0% 4% 4% 70% 41%
10:00 AM 0% 1% 24% 30% 70% 29% 0% 0% 4% 4% 70% 29%
11:00 AM 0% 1% 56% 69% 80% 41% 0% 0% 4% 4% 80% 41%
NOON 0% 1% 71% 87% 61% 41% 14% 21% 6% 6% 61% 41%
1:00 PM 1% 1% 75% 91% 70% 25% 29% 46% 6% 32% 70% 25%
2:00 PM 1% 1% 79% 96% 70% 21% 35% 55% 6% 73% 70% 21%
3:00 PM 1% 1% 79% 96% 70% 25% 36% 56% 6% 73% 70% 25%
4:00 PM 2% 2% 75% 90% 80% 46% 36% 56% 6% 6% 80% 46%
5:00 PM 4% 5% 79% 96% 91% 82% 40% 62% 6% 6% 91% 82%
6:00 PM 26% 30% 83% 100% 100% 78% 40% 62% 18% 18% 100% 78% 7:00 PM 49% 55% 79% 96% 89% 50% 52% 81% 36% 38% 89% 50% 8:00 PM 69% 78% 75% 91% 78% 25% 64% 100% 93% 100% 78% 25% 9:00 PM 89% 100% 54% 66% 67% 9% 64% 100% 93% 100% 67% 9% 10:00 PM 89% 100% 8% 10% 34% 2% 52% 100% 5% 5% 34% 2%
11:00 PM 89% 100% 0% 1% 11% 2% 42% 80% 2% 2% 11% 2%
MIDNIGHT 89% 100% 0% 1% 0% 0% 26% 50% 1% 1% 0% 0%

313
ATTACHMENT 3
4 City
Identified
Land Use
Event Centers
Banks/Savings and
Loans/Credit
Unions
Furniture And
Appliance Stores
With Greater Than
5,000 Sf of Floor
Area
Hotels1
City
Parking
Ratios

12.33 parking spaces
/ 1,000 SF
5 parking spaces /
1,000 SF
2 parking spaces /
1,000 SF
1 parking spaces / 2
units
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 0% 1% 0% 0% 15% 17% 84% 84%
7:00 AM 0% 1% 0% 0% 20% 22% 87% 87%
8:00 AM 0% 1% 54% 39% 33% 37% 91% 91%
9:00 AM 2% 3% 94% 49% 51% 57% 83% 83%
10:00 AM 24% 30% 100% 67% 78% 62% 74% 74%
11:00 AM 56% 69% 71% 79% 89% 82% 74% 74%
NOON 71% 87% 71% 74% 90% 96% 70% 70%
1:00 PM 75% 91% 71% 0% 89% 100% 70% 70%
2:00 PM 79% 96% 83% 0% 88% 96% 74% 74%
3:00 PM 79% 96% 71% 0% 83% 96% 74% 74%
4:00 PM 75% 90% 88% 0% 78% 82% 74% 74%
5:00 PM 79% 96% 100% 0% 74% 77% 79% 79%
6:00 PM 83% 100% 0% 0% 69% 77% 79% 79%
7:00 PM 79% 96% 0% 0% 56% 82% 77% 77%
8:00 PM 75% 91% 0% 0% 47% 92% 81% 81%
9:00 PM 54% 66% 0% 0% 29% 72% 85% 85%
10:00 PM 8% 10% 0% 0% 11% 12% 85% 85%
11:00 PM 0% 1% 0% 0% 0% 0% 88% 88%
MIDNIGHT 0% 1% 0% 0% 0% 7% 88% 88%
1 Apply the corresponding Land Use category for ancillary hotel uses. 314
ATTACHMENT 3
5 City
Identified
Land Use
Residential: Studio Residential: 1
Bedroom
Residential: 2
Bedroom
Residential: 3
Bedrooms or more
City
Parking
Ratios
1 covered, 0.5 open,

0.5 guest parking
spaces / unit
1 covered, 1 open,

0.5 guest parking
spaces / unit
1 covered, 1.5 open,

0.5 guest parking
spaces / unit
1 covered, 2.5 open,

0.5 guest parking
spaces / unit
Time Weekday Weekend Weekday Weekend Weekday Weekend Weekday Weekend 6:00 AM 81% 77% 81% 77% 87% 83% 90% 85%
7:00 AM 10% 20% 10% 20% 10% 20% 10% 20%
8:00 AM 85% 85% 85% 85% 85% 85% 85% 85%
9:00 AM 73% 75% 74% 76% 78% 80% 81% 81%
10:00 AM 20% 20% 20% 20% 20% 20% 20% 20%
11:00 AM 75% 80% 75% 80% 75% 80% 75% 80%
NOON 65% 71% 66% 71% 70% 75% 72% 77%
1:00 PM 20% 20% 20% 20% 20% 20% 20% 20%
2:00 PM 65% 75% 65% 75% 65% 75% 65% 75%
3:00 PM 57% 67% 58% 67% 61% 70% 62% 72%
4:00 PM 20% 20% 20% 20% 20% 20% 20% 20%
5:00 PM 60% 70% 60% 70% 60% 70% 60% 70%
6:00 PM 53% 63% 53% 63% 56% 66% 57% 67%
7:00 PM 20% 20% 20% 20% 20% 20% 20% 20%
8:00 PM 55% 69% 55% 69% 55% 69% 55% 69%
9:00 PM 49% 62% 49% 62% 52% 65% 53% 66%
10:00 PM 20% 20% 20% 20% 20% 20% 20% 20%
11:00 PM 50% 68% 50% 68% 50% 68% 50% 68%
MIDNIGHT 45% 61% 45% 61% 47% 64% 48% 65%

315
ATTACHMENT 4
1 Section 13-6 Definitions.

Abutting. Sharing a common boundary, of at least one point contiguous to, having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street).

Accessory building. A building or part of a building which is subordinate to, and the use of which is incidental to that of the main building or use on the same lot.

Accessory dwelling unit (ADU). See Chapter V, Article 2, section 13-35.

Accessory use. A use incidental and subordinate to and devoted exclusively to the main use of the land or building thereon that does not change the character of the structure or use.

Accessory use, residential. A use that is a part of, and clearly incidental and secondary to, a residence; located on the same lot as a residence; and that does not change the character of the residential use such as:
(a) Accessory dwelling unit (ADU)
(b) Home occupations
(c) Personal property sales (i.e., garage or yard sales).

Adjacent. Same as abutting, but also includes properties which are separated by a public right-of-way, not exceeding 120 feet in width.

Administrative adjustment. A discretionary entitlement, usually granted by the zoning administrator, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings.

Adult business. See Chapter IX, Special Land Use Regulations, Article 1, Adult Businesses, for specific definitions and terms.

Alcoholism or drug abuse recovery or treatment facility. Adult alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to section 11834.01 of the California Health and Safety Code. Alcoholism or drug abuse recovery or treatment facilities are a subset of residential care facilities.

Alteration (structure). Any construction, addition or physical change in the internal arrangement of rooms or the supporting members of a structure, or change in the appearance of any structure, except paint.

Ambient noise level. The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

Antenna. Any structure, including, but not limited to, a monopole, tower, parabolic and/or disk shaped device in single or multiple combinations of either solid or mesh construction, intended for the purpose of receiving or transmitting communication to or from another antenna, device or orbiting satellite, as well as supporting equipment 316
ATTACHMENT 4
2 necessary to install or mount the antenna.

Antenna, amateur radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Antenna, communication. All types of receiving and transmitting antennas, except satellite dish antennas and amateur radio antennas. Communication antenna includes, but is not limited to, cable television antennas, cellular radiotelephone cell antennas, FM digital communication antennas, microwave telephone communication antennas, and shortwave communication and other similar antennas.

Antenna height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended.

Antenna, satellite dish. An antenna intended for the purpose of receiving or transmitting communication to or from an orbiting satellite.

Antenna, whip. An antenna and its support structure consisting of a single, slender, rod- like element which is supported only at or near its base.

Apartment. A rental or lease dwelling having kitchen facilities in a structure designed or used to house at least one family, as the term "family" is defined in this Zoning Code.

Assembly use. A use conducted in a structure or portion of a structure for the purpose of a civic, education, political, religious, or social function or for the consumption or receipt of food and/or beverages. Assembly use includes, but is not limited to, churches and other places of religious assembly, mortuaries, primary and secondary schools, trade and vocational schools, colleges, amusement centers, billiards parlors, bowling centers, establishments where food or beverages are served, motion picture theaters, physical fitness facilities, skating rinks, and dance, martial arts, and music studios.

Assembly use does not include sexually oriented businesses.

Association (homeowners'). The organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a common interest development and who have interests in the control of common areas of such project.

Attached (structure). Any structure that has a wall or roof in common with another structure.

Attic. Any non-habitable area immediately below the roof and wholly or partly within the roof framing.

Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding the sun or providing an architectural accent.

Basement. A space wholly or partially underground and having more than 1/2 of its height, measuring from floor to ceiling, below the average grade. If the finished floor level directly above the basement is more than four feet above grade at any point, the basement shall be considered a story.
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3 Boardinghouse. A dwelling unit, other than a hotel, wherein rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the dwelling unit. Boardinghouse, small means two or fewer rooms being rented to a maximum of three occupants per dwelling unit. Boardinghouse, large means three to six rooms being rented to a maximum of six occupants per dwelling unit. Boardinghouses renting two or fewer rooms and having more than three occupants, or renting more than six rooms and/or having more than six occupants, per dwelling unit are prohibited.

Building. Any structure having roof and walls and requiring permanent location on the ground, built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

Building height. The distance from the finished grade (as defined in this section) to the highest point on the roof, including roof-top mechanical equipment and screening.

Building, main. The building or buildings within which the principal use permitted on the lot is conducted.

Carport. A permanent, roofed structure, not completely enclosed which is used for vehicle parking.

Central administrative office. An establishment primarily engaged in management and general administrative functions performed centrally for other establishments of the same company.

Churches and other places of religious assembly. A type of assembly use which has the principal purpose of religious worship and for which the primary space is a sanctuary.

Religious activities and services held in the sanctuary are conducted at scheduled times. The use may also include accessory facilities in the same or separate building that includes classrooms, assembly rooms, restrooms, kitchen, and a library. Other uses such as, but not limited to, day care facilities, nursery schools, schools, retail sales, and services to businesses, are not considered a primary function of churches and other places of religious assembly.

Cigar bar. See Smoking lounge.

City. City of Costa Mesa.

Common area. Those portions of a project area which are designed, intended or used in common and not under the exclusive control or possession of owners or occupants of individual units in planned development projects or common interest developments.

Common interest development. A development as defined in State Civil Code section 1350, containing two or more common interest units, as defined in Civil Code section 783; a community apartment project, as defined in State Business and Professional Code section 11004, containing two or more rights of exclusive occupancy; and a stock cooperative, as defined in Business and Professional Code section 11003.2, containing two or more rights of exclusive occupancy.

Conditional use permit. A discretionary approval usually granted by the planning 318
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4 commission which allows a use or activity not allowed as a matter of right, based on specified findings.

Convenience stores, mini-markets. A retail store, generally less than 10,000 square feet in area, that sells a variety of convenience foods, beverages and non-food items. Fresh dairy products, produce and/or meat may be offered on a limited basis.

County. County of Orange.

Covered parking space. A garage, carport or parking space which is completely covered by a roof.

Density bonus. A minimum increase of 25% over the allowable residential dwelling unit density as specified by the zoning classification.

Development. The division of land into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Development review. The processing of a development plan when authority for approval is vested in the planning division.

Development services department means the Development Services Department of the City of Costa Mesa.

Development services director. The director of development services of the City of Costa Mesa, or his or her designee.

Disabled shall have the same meaning as handicapped.

Dormer. A vertical window in a projection built out from a sloping roof.

Driveway, common. A paved area for vehicle circulation and parking purposes which features joint use between two or more parties.

Driveway, individual. The paved area strictly leading to the garage/carport of a residence. This paved area serves vehicle parking purposes and does not extend beyond the garage/carport unless a curvilinear design is necessary for the turning radius.

Dwelling, single-family. "Dwelling, single-family" or "single-family dwelling" is a building of permanent character placed in a permanent location which is designed or used for residential occupancy by one family. A single mobile home on a foundation system on a single lot is a single-family dwelling. (See Manufactured housing).

Dwelling, multi-family. "Dwelling, multi-family" or "multi-family dwelling" is a building or buildings of permanent character placed on one lot which is designed or used for residential occupancy by two or more families.

Dwelling unit. One or more rooms in any building designed for occupancy by one family, and containing one kitchen unit, including manufactured housing. (See Manufactured housing).
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5 Easement. A grant of one or more property rights by the owner for use by the public, a corporation or another person or entity.

Electronic cigarette. An electronic and/or battery-operated device used to provide an inhalable dose of nicotine by delivering a vaporized solution. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.

Electronic game machine. Any electronic or mechanical device which upon insertion of a coin, slug, or token in any slot or receptacle attached to the device or connected therewith, operates, or which may be operated for use as a game, contest, or amusement through the exercise of skill or chance.

Emergency shelters. A facility that provides immediate and short-term housing for homeless persons that is limited to occupancy of six months or less. Supplemental services may include counseling and access to social programs. No individual or household may be denied to emergency shelter because of an inability to pay.

Entertainment (live). Any act, play, revue, pantomime scene, dance act, musical performance, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance.

Establishment where food or beverages are served. Any commercial use that sells prepared food and/or beverages for consumption on site or off site, either solely or in conjunction with an ancillary or complementary use. Excluded from this definition are grocery stores, convenience stores, movie theaters, and other such uses, as determined by the development services director, where the sale of food or beverages is clearly incidental to the primary use. All establishments selling alcoholic beverages for consumption on-site are included within this definition Fair housing laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations.

Family. One or more persons occupying one dwelling unit and living together as a single housekeeping unit.

Family day care home, large. A home which provides family day care to seven to 14 children as defined in section 1596.78 of the State Health and Safety Code.

Family day care home, small. A home which provides family day care to eight or fewer children as defined in section 1596.78 of the State Health and Safety Code.

Floor area ratio. The gross floor area of a building or project divided by the project lot area upon which it is located.

Garage. An accessory or attached enclosed building with doors, designed and/or used for vehicle parking.

Garage sale. An event for the purpose of selling or trading personal property. Garage 320
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6 sale includes yard sale.

General plan. The City of Costa Mesa General Plan as adopted or amended from time to time by the city council.

Grade. The lowest point of the finished surface elevation of either the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

Grade, finished. The surface of the ground at a stated location as it exists after completion of precise grading.

Grade, natural. The unaltered natural surface of the ground at a stated location.

Gross acreage. The total area within the lot lines of a lot of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot, and not including adjacent lands already dedicated for such purposes.

Gross floor area. The area of all floors within the walls of a structure except elevator and other vertical shafts (including stairwells) and elevator equipment areas..

Gross leasable area. The total floor area designed for tenant occupancy and exclusive use, including both owned and leased areas.

Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.

Guestroom. A room occupied or intended, arranged, or designed for occupancy by one or more guests.

Handicapped. As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.

Hazardous materials. Any material of quantity, concentration, physical or chemical characteristics, that poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or environment; or any material requiring a Material Safety Data Sheet according to Title 8, section 339 of the State Code of Regulation.

Height. See Building height and Antenna height.

Home occupation. Any business or commercial use conducted within a dwelling unit.

Hookah lounge. See Smoking lounge.
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7 Hotel. Any building or combination of buildings generally three or more stories in height containing six or more guest rooms offering transient lodging accommodations to the general public and providing incidental guest services such as food and beverage service, recreation facilities, retail services and banquet, reception and meeting rooms.

Typically, room access is provided through a main or central lobby.

Household includes all the people occupying a dwelling unit, and includes people who live in different units governed by the same operator.

Individual counseling. A single-operator business that provides individual and/or family counseling and occupies no more than 500 square feet of total square footage, including but not limited to an office suite and corresponding proportion of any common waiting areas. Any counseling use with a floor area of more than 500 square feet shall be considered a group counseling use.

Integral facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses. Any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered.

Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

Intersection. The general area where two or more roadways join or cross.

Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and preparation of food.

Landscaping. Plant materials such as lawn, groundcover, trees and shrubs.

Loft. An intermediate floor placed within a room, where the clear height above and below the loft is not less than seven feet, and where the aggregate area of the loft does not exceed 1/3 of the area of the room in which it is located.

Lot.
(a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the Subdivision Map Act and 322
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8 applicable local ordinances.
(b) A parcel of real property when shown on a record of survey map or deed filed in the office of the county recorder, when such map or deed was filed as the result of and was made a condition of a lot division approved under the authority of prior ordinances.

Lot area. The total land area of a project after all required dedications or reservations for public improvements, including, but not limited to, streets, parks, schools, and flood control channels. This phrase does not apply in the planned development zones where the phrase "site area," as defined in Chapter V, Development Standards, is used.

Lot, corner. A lot abutting on and at the intersection of two or more streets which intersect at an angle that is equal to or less than 135 degrees.

Lot, depth. The average of the horizontal distance between the front and the rear lot lines.

Lot, development. The master lot or project site upon which a development will be constructed.

Lot, individual dwelling unit. An individual building site or lot within a development intended for construction of a single attached or detached dwelling unit.

Lot, interior. A lot abutting only one street, or a lot abutting two streets which intersect at an angle greater than 135 degrees.

Lot, width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the front building setback line.

Manufactured housing. Detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, including structures known as manufactured homes and mobile homes. For the purpose of this Zoning Code, a factory-built single-family structure that is manufactured under the authority of 42 U.S.C. section 5401, the National Manufactured Home Construction and Safety Standards Act, transportable in one or more sections, built on a permanent chassis and used as a place of human habitation, shall be considered a single-family home and shall be reviewed under the same standards as a sitebuilt structure.

Marijuana. Has the same definition as that set forth in California Health and Safety Code section 11018.

Marijuana cultivation and/or medical marijuana cultivation. The planting, growing, harvesting, drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana, and shall include both indoor and outdoor cultivation.

Master plan. The overall development plan for a parcel or parcels which is depicted in both a written and graphic format.

Master plan of highways. The graphic representation of the city's ultimate circulation system contained in the general plan. It illustrates the alignment of the major, primary, secondary and collector highways.
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9 Median. A paved or planted area separating a parking area, street, or highway, into two or more lanes or directions of travel.

Medical marijuana. Marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5.

Medical marijuana dispensary. A facility or location where medical marijuana is cultivated or by any other means made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card in strict accordance with State Health and Safety Code sections 11362.5 et seq., and 11362.7 et seq., which shall include, but not be limited to, any facility or location engaging in the retail sale, dispensation, or distribution of marijuana for medical purposes that does not have an active role in the cultivation of the marijuana product that it sells, dispenses, or distributes, or when its cultivation of the marijuana product is off-site from the facility or location for retail sale, dispensation, or distribution.

Minor conditional use permit. A discretionary approval granted by the zoning administrator which allows a use or activity not allowed as a matter of right, based on specified findings.

Minor modification. A discretionary entitlement granted by the planning division, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings.

Mixed use development. The development of lot(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures.

Mobile home. See Manufactured housing.

Mobile home park. Any area or tract of land where two or more mobile home lots are rented or leased, held out for lease or rent, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes. A mobile home park also means a mobile home development constructed according to the requirements of Part 2.1 (commencing with section 18200) of Division 13 of the State Health and Safety Code, and intended for use and sale as a mobile home condominium or cooperative park, or as a mobile home planned unit development.

Motel. Any building or combination of buildings of one to three stories in height having six or more guest rooms with parking located convenient to the guest rooms and providing temporary lodging for automobile tourists and transient visitors. Typically, guest rooms have direct access to available parking without passing through a common lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels.

Municipal Code. City of Costa Mesa Municipal Code.

Open space. An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. Open space may include, but is not 324
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10 limited to, lawns, decorative planting, walkways, active and passive recreational areas, playgrounds, fountains, swimming pools, wooded areas; first floor decks; unenclosed patios with solid or lattice roofs; water courses; and surfaces covered by not more than five feet in depth by projections which are at least eight feet above grade.

Open space shall not include the following: driveways; parking lots; other surfaces designed or intended for vehicular travel; and upper floor decks, balconies or areas under projections which are less than eight feet above grade.

Open space, common. An area of land reserved primarily for the leisure and recreational use of all residents of a planned development or common interest development and owned in common by them, generally through a homeowners' association.

Open space, private. An area of land located adjacent to an individual dwelling unit, owned or leased and maintained by its residents, and reserved exclusively for their use.

Operator means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator.

Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a project.

Parcel. Same as Lot.

Parkway. The area of a public street that lies between the curb and the adjacent property line or physical boundary definition, which is used for landscaping and/or passive recreational purposes.

Paved area. Ground surface covered with cobblestone, clay-fired bricks, concrete precast paver units, poured concrete with or without decorative surface materials, or asphaltic or rubber mixture which may include sand, stone, or gravel as an ingredient to create a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered paved area.

Peak hour. The hour during the AM peak period (typically 7:00 a.m.—9:00 a.m.) or the PM peak period (typically 3:00 p.m.—6:00 p.m.) in which the greatest number of vehicle trips are generated by a given land use or are traveling on a given roadway.

Permitted use. Any use allowed in a land use zoning district without requiring a discretionary approval, and subject to the provisions applicable to that district.

Planned development. A land area which is developed as an integrated unit under single ownership or control and having planned development zoning designation.

Planning application. A broad term for any development project or land use which requires the discretionary review and approval of either the planning division, zoning 325
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11 administrator, planning commission, or city council. Planning applications include administrative adjustments, conditional use permits, development reviews, variances, etc.

Planning division. The planning division of the development services department of the City of Costa Mesa.

Project. See Development.

Property line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Property line, front. For interior lots, the narrowest property line of a lot abutting a public or private street. If two or more equal property lines are narrowest, the front shall be that property line across which the development takes its primary access (if the primary access is determined to be equal, there shall be two front property lines). However, for non-residentially zoned property, any property line abutting a public street designated as a secondary, primary or major street on the master plan of highways shall be deemed a front property line. A non-residentially zoned property shall have more than one front property line when it abuts more than one street designated as secondary, primary, or major on the master plan of highways.

For R-1 zoned property located on corner lots, the front property line may be the property line towards which the front of the dwelling unit is oriented.

Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line. Irregularly shaped lots may also have more than one rear property line.

Property line, side. Any property line which is not a front or rear property line.

Property line, ultimate. The boundary of a lot after the dedication of land for use as public right(s)-of-way, whether dedicated in fee or by easement. A setback is measured from the ultimate property line.

Public area. Establishments where food or beverages are served. That portion of an establishment reserved for the exclusive use of the public for the receipt or consumption of food and/or beverages. For the purpose of this Zoning Code, public area shall not include restrooms, kitchens, hallways or other areas restricted to employees only.

Public hearing. A public proceeding conducted for the purpose of acquiring information or evidence which may be considered in evaluating a proposed action, and which affords to any affected person or persons the opportunity to present their views, opinions, and information on such proposed applications. "Mandatory hearings" are those required to be held by law, and "discretionary hearings" are those which may be held within the sole discretion of the hearing body.

Public right-of-way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.

Recyclable materials. Reusable materials, including, but not limited to, metals, glass, 326
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12 plastic and paper which are intended for reuse, remanufacture or reconstruction.

Recyclable materials do not include refuse, hazardous materials or hazardous waste.

Recycling. The process by which waste products are reduced to raw materials and transformed into new products.

Recycling and collection facility. A building or enclosed space used for the collection and processing of recyclable materials for preparation for shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning or remanufacturing.

Referral facility. A residential care facility or a group home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.

Residential care facility. A residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting.

Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Health & Safety Code §§ 1267.8, 1267.9); community care facilities (Health & Safety Code § 1500 et seq.); residential care facilities for the elderly (Health & Safety Code § 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Safety Code § 1568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02— 11834.30); pediatric day health and respite care facilities (Health & Safety Code § 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Safety Code §§ 1265—1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Wel. & Inst. Code §§ 5115—5120).

Residential, multi-family. Apartments, common interest developments, townhouses and similar multiple-family residential developments, including detached single-family homes where there is more than one primary dwelling unit on a lot.

Residential, single-family. Detached single-family home where there is no more than one primary dwelling unit on a lot.

Room, bedroom. A fully-enclosed room designed or intended to be used for sleeping purposes within a residence that typically includes a closet and is separated from the other living spaces with a door.

Room, home office. A room designed and intended to be used for a household office or small business related activity within a residence. Within a single-family detached residence, this room is strictly not intended for sleeping purposes, and lacks direct access to a bathroom. The home office may also be referred to as a studio, den, study or library.

Senior congregate care facility. A structure(s) providing residence for 13 or more senior citizens with kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living quarters.

Setback. The required distance that a building, structure, parking or other designated 327
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13 item must be located from a property line or lot line. A setback is measured from the ultimate property line.

Single housekeeping unit. The occupants of a dwelling unit have established ties and familiarity with each other, including jointly use of and responsibility for common areas, and may include interaction with each other, shared meals, household activities, and expenses and responsibilities.; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units. Additional indicia that a household is not operating as a single housekeeping unit include, but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators.

Single room occupancy residential hotel. A residential hotel, allowed in certain commercial zones, that contains units designed for long-term occupancy by a single person, although double occupancy may be permitted.

Slope. The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees.

Small lot subdivision. A residential development containing a maximum of 15 detached or townhome style units with no common walls where each unit is independently constructed on an individual parcel and the land is subdivided into fee simple parcels containing each unit. Each individual lot is provided with either a direct access to public street/alley or an easement access through a recorded subdivision map.

Smoking lounge. Any facility or location whose business operation, whether as a primary use or an ancillary use, is characterized by the sale, offering, and/or preparation of smoking of tobacco, cigars, hookah, electronic cigarettes, or similar products, including but not limited to establishments known variously as hookah parlors, vaping lounges, or cigar bars.

Smoking/vaping retailer. A smoke shop, electronic cigarette retailer, vapor cigarette retailer, or any other retail business that sells tobacco, electronic cigarettes, and related products primarily for off-site consumption. Smoking/vaping retailers shall not include food or beverage service, outdoor seating, or an indoor seating area greater than 100 square feet in area.

Sober living home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law.

Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.

Specialty store. A retail store less than 3,000 square feet in area with hours of operation between 6:00 a.m. and 11:00 p.m. A specialty store offers a combination of foods and beverages for off-site use or consumption and provides for alcoholic beverage sales 328
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14 that are incidental to the primary use. No more than 10% of the total merchandise area of the retail floor may be devoted to display or sale of alcoholic beverages and only non- refrigerated alcoholic beverages may be offered. A specialty store must comply with the operational standards of section 13-200.72.

Specific plan. A plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and the provisions of State Government Code section 65450 et seq.

State. State of California.

Story. For purposes related to zoning regulations, a story is that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall constitute a story. An attic shall not be considered a story. A basement or cellar shall not be considered a story, if the finished floor level directly above the basement or cellar is less than four feet above finish grade at all locations. Any uncovered deck or activity area above the first story shall be considered a story.

Street. A public or private thoroughfare that provides primary access to adjacent land and local traffic movements. Streets do not include driveways which only provide access to parking areas.

Structure. Anything, including a building, located on the ground in a permanent location or attached to something having a permanent location on the ground.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to on site or off site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Supportive housing that is provided in single-family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single-family dwelling, multi- family dwelling units, residential care facilities, or boarding house uses under this Code.

Tandem parking. An arrangement of parking spaces one behind the other in a row of maximum two cars including one in the garage space. Tandem garage parking is defined as the placement of standard parking spaces one behind the other within the enclosed area of a garage.

Townhouse. A single-family attached dwelling unit located on an individual dwelling unit lot, and is part of a row of units that contains three or more dwelling units.

Transitional housing. A development with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

Transitional housing that is provided in single-family dwelling, multi-family dwelling units, residential care facilities, or boarding house uses, shall be permitted, conditionally permitted or prohibited in the same manner as the other single-family dwelling, multi- 329
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15 family dwelling units, residential care facilities, or boarding house uses under this Code.

Trip (vehicle). A one-way vehicular journey either to or from a site, or totally within the site i.e. internal trip. Each trip has two trip ends, one at the beginning and the other at the destination.

Trip rate (vehicular). The anticipated number of vehicle trips to be generated by a specific land use type or land use classification. The trip rate is expressed as a given number of vehicle trips for a given unit of development intensity (i.e., trip per unit, trip per 1,000 square feet, etc.).

Uncontrolled environment. A location where there is the exposure (to radiofrequency radiation) of individuals who have no knowledge or control of their exposure. The exposures may occur in living quarters or work places where there are no expectations that the exposure levels may exceed the exposure and induced current levels permitted for the general public.

Underroof. All of the area within the walls of the building that a roof covers. Areas under porches, roof overhangs, garage protrusions, breezeways and other similar architectural design features are not considered as underroof.

Unit. A particular building or structure, or portion thereof, that is designed, intended or used for exclusive occupancy, possession or control of individual owners or occupiers, whether or not they have interests in common areas of the project.

Use. The purpose (type and extent) for which land or a building is arranged, designed, or intended, or for which either land or a structure is occupied or maintained.

Warehouse, mini. A structure or group of structures for the dead storage of customer's goods and wares where individual stalls or lockers are rented out to different tenants for storage and where at least one of the stalls or lockers has less than 500 square feet of floor area.

Warehouse, public. A structure or group of structures for the dead storage of customer's goods and wares where individual stalls or lockers are rented out to different tenants for storage and where all the stalls or lockers have more than 500 square feet of floor area.

Vacancy rate (common lot development conversion). The ratio of vacant apartments being offered for rent or lease in the City of Costa Mesa, shown as a percentage of the total number of apartments in the city.

Vape lounge. See Smoking lounge.

Vape shop. See Smoking/vaping retailer.

Variance. A discretionary entitlement, usually granted by the planning commission, which permits departure from the strict application of the development standards contained in this Zoning Code, based on specified findings.

Yard. Any open space on a lot unoccupied and unobstructed from the ground upward, except an inside court.
330
ATTACHMENT 4
16 Yard, front. The yard between the front line of a building and the front line of the lot upon which the building is located.

Yard, rear. The yard extending from the extreme rear line of the main building to the rear lot line on which the building is situated.

Yard, side. The yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard or rear lot line, between the side lot line and the nearest wall of the main building or any accessory structure attached thereto.

Zero lot line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord. No. 00-5, § 1(a), 3-20-00; Ord. No. 01-16, § 1a., 6-18-01; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5- 06; Ord. No. 09-3, §§ 1a., b., 5-19-09; Ord. No. 09-4, § 1a., 5-5-09; Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2A., 3-19-13; Ord. No. 13-05, § 1, 12-3-13; Ord. No. 14-04, § 2A., 4-1-14; Ord. No. 14- 13, § 1, 10-21-14; Ord. No. 15-10, § 2A, 9-15-15; Ord. No. 15-11, § 1, 11-17-15; Ord.

No. 16-01, § 1, 1-19-16; Ord. No. 18-03, § 2, 1-16-18; Ord. No. 21-03, § 3, 3-2-21; Ord.

No. 21-20, § 1, 12-7-21)
Section 13-28 Types
(a) Administrative adjustment. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(a).

TABLE 13-28(a)

ADMINISTRATIVE ADJUSTMENTS
Standard Deviation Range
Decrease in required front yard depth; provided that
in residential zones, the garage is set back a
minimum of 19 feet from the front property line.

More than 20% but no more than
40%
Decrease in required rear yard depth. More than 20% but no more than 40%
Decrease in required side yard width. More than 20% but no more than 40%
Increase in maximum fence/wall height, except
within setbacks adjacent to the public right-of-way.

More than 33 1/3 % but no more
than 50%
Increase in depth of permitted projections into
required yards.

More than 20% but no more than
40%
Deviation in sign area, height, setbacks, separation
and other sign specifications
More than 10% but no more than
20%
Decrease in required distance between main
structures
More than 20% but no more than
40%
Decrease in required distance between accessory More than 20% but no more than 331
ATTACHMENT 4
17 TABLE 13-28(a)

ADMINISTRATIVE ADJUSTMENTS
Standard Deviation Range
and main structures 40%

(b) Conditional use permit. Any use specified in this Zoning Code as requiring a conditional use permit.
(1) Common interest development conversion. For residential projects, a proposal to convert an occupied or previously occupied apartment complex to a residential common interest development project. To request a conversion for a newly constructed project, the apartment complex shall have received final building approval for occupancy. For non-residential projects, a proposal to convert an occupied or previously occupied non-residential complex to a non-residential common interest development. Non-residential includes industrial, commercial, office, and/or mixed-use project.
(c) Density bonus or incentive. Any request for incentives to produce lower income and senior housing per State Government Code section 65915. (d) Design review. Any construction that results in three or more dwelling units on a development lot in any residential zone, except planned development, shall be subject to design review.
(e) Development review. The following shall be subject to development review:
(1) Two-story residential construction. In the R2-MD, R2-HD, and R3 zones, any two-story construction on a lot where there are two or fewer dwelling units or any second-story addition on a lot with more than two dwelling units that complies with any residential design guidelines adopted by city council. (2) Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, C1-S, MG, or MP zones. However, building additions that do not exceed 2,000 square feet or 50% of the existing building area, whichever is less, and comply with all applicable development standards shall not be subject to development review; and,
(3) Any other use specified in this Zoning Code as requiring development review. (f) Lot line adjustment. Any adjustment to an existing lot line between two lots, where the land taken from one lot is added to an abutting lot and/or where a greater number of lots than originally existed is not created. A lot line adjustment may be used to combine no more than four abutting lots.
(g) Master plan. Prior to development in the planned development (PD), town center (TC), shopping center (C1-S), mixed-use overlay (MU), and all types of institutional and recreational (I&R, I&R-S, and I&R-MLT) zoning districts, a master plan is 332
ATTACHMENT 4
18 required. Preliminary master plans are required in the TC and I&R-MLT zone, are optional in PD and MU zones, and are not required in C1-S, I&R-S, and I&R zones. (1) Minor changes. Minor changes in the location, siting or character of buildings and structures may be authorized by the planning division if required by the final engineering or other circumstances not foreseen at the time the master plan was approved. No change authorized under this section may cause any of the following:
a. A change in the use or character of the development; b. An increase in the overall density or floor area ratio of the development; c. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space; e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility networks;
g. A reduction in required street pavement widths;
h. An increase of more than six inches in building height; or i. A decrease in building setback greater than can be approved by a minor modification by the development services director.
(2) Major amendments. Substantial amendments to the master plan encompassing one or more of the minor changes listed in subparagraphs (1)a. through (1)i., or any proposed change determined by the development services director as a major amendment, shall be subject to review and approval by the zoning administrator. Furthermore, if the major amendment results in an overall building square footage that exceeds the maximum density or building square footage allowed by the approved master plan, the zoning administrator must find that the major amendment is consistent with the density, floor area ratio, and trip budget standards established by the general plan, as applicable. (3) Minor amendments.
a. Minor amendments to existing master plans in planned development zones are subject to section 13-56, master plan required.
b. Minor amendments to existing master plans in the TC, C1-S, MU, I&R, I&R-S, and I&R-MLT zones may be approved by development review if the planning division finds that the proposed construction does not materially affect required open space, floor area ratio, and parking requirements specified in the approved master plan. Furthermore, if the minor amendment results in an overall building square footage that exceeds the maximum building square footage allowed by the approved master plan, the planning division must find that the minor amendment is consistent with the floor area ratio and trip budget standards established by the general plan, as applicable. 333
ATTACHMENT 4
19 (4) Mixed-use development plan screening application. Applicants for residential or mixed-use development projects in a mixed-use overlay district shall submit a screening application for consideration by city council at a public meeting. No other concurrent application for development may be submitted for processing until city council comments have been received. The purpose of the screening application is to receive city council comments on the merits and appropriateness of the proposed development. No other action on the screening application will be taken by city council. The submittal requirements for the screening review are specified on the city's planning application form, and the city council's review comments on the proposed project for processing shall not set precedent for approval of the master plan.
(h) Minor conditional use permit. Any use or deviation from development standards specified in this Zoning Code as requiring a minor conditional use permit. (i) Minor design review. The following shall be subject to minor design review:
(1) Two-story residential construction that does not comply with any residential design guidelines adopted by the city council in the following zones:
a. R1 zone. Any two-story construction or second-floor addition; and b. R2-MD, R2-HD, and R3 zones. Any two-story construction on a lot that results in two or fewer dwelling units or any second-story addition on a lot with more than two dwelling units.
(2) Reserved for future use.
(3) Any deviation from development standards specified in this Zoning Code as requiring a minor design review.
(j) Minor modification. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(j)(1).

TABLE 13-28(j)(1)

MINOR MODIFICATION
Standard Deviation Range
Decrease in required front yard depth; provided that in residential zones, the garage is set back a minimum of 19 feet from the front property line
20% or less
Decrease in required rear yard depth 20% or less
Decrease in required side yard width 20% or less
Increase in maximum fence/wall height, except within
setbacks adjacent to the public right-of-way
33 1/3 % or less
Decrease in five-foot setback on street side for fences/walls in excess of 36 inches on corner lots in multi-family
100% or less
334
ATTACHMENT 4
20 TABLE 13-28(j)(1)

MINOR MODIFICATION
Standard Deviation Range
residential zones
Increase in depth of permitted projections into required yards
20% or less
Decrease in minimum driveway width for two or more
dwelling units
to not less than 10
feet
Deviation in sign area, height, setbacks, separation and other sign specifications
10% or less
Decrease in required distance between main structures 20% or less Decrease in required distance between accessory and
main structures
20% or less
Decrease in minimum width and length of garage
dimensions
5% or less

(2) Minor building additions that encroach into required setbacks no further than the existing main structure, excluding architectural features. However, no nonconforming setback width or depth may be decreased further, and the building addition shall comply with all other applicable sections of this Zoning Code and other codes.
(3) Fabric awnings that project no more than five feet from the building face. (4) Minimum length of no less than 18 feet for driveways as measured from the ultimate property line.
(5) Any deviation from development standards specified in this Zoning Code as requiring a minor modification.
(k) Mobile home park conversion. Any conversion of an existing mobile home park to any other use permitted or conditionally permitted in the applicable zoning district. (l) Planned signing program. A voluntary, optional alternative to the general sign regulations, except in the C1-S zone where it is required. (m) Reasonable accommodation. As defined in section 13-200.62 (n) (Reserved)
(o) Rezone. Any proposed change to the official zoning map. (p) Special use permit. Refer to Chapter XV of the Zoning Code. 335
ATTACHMENT 4
21 (q) Specific plan conformity review. Any proposed action or land use which is required by the applicable specific plan to be reviewed for conformity with the purpose and intent of the plan.
(r) Tentative tract or parcel map (including vesting). Any proposed subdivision of land which is required by a provision of the Subdivision Map Act or this Zoning Code to file a tentative tract or parcel map.
(s) Variance. Any deviation from a development standard in this Zoning Code that is not specified as a minor modification or administrative adjustment, or a deviation that is not allowed by approval of conditional use permit, minor conditional use permit, or specific plan conformity procedure.
(t) Landmarks and historic districts located within the city. A person may request placement of a significant historic structure on the local Register of Historic Places subject to the criteria and procedures established in Chapter IX, Article 14, Historic Preservation.
(u) Certificate of appropriateness. A certificate issued by the planning commission (or other commission/committee designated by the city council), approving plans, specifications, or statements of work for any proposed alteration, restoration, or rehabilitation, construction, relocation, or demolition, in whole or in part, of a "designated cultural resource" listed on the city's local Register of Historic Places. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-17, § 3, 11-15-99; Ord. No. 01-10, §§ 1a., 1b., 3-5-01; Ord. No. 01-16, § 1b., 6-18-01; Ord. No. 02-4, § 1m, 3-18-02; Ord. No. 03-4, § 1(a), 6-2-03; Ord. No. 03-8, §§ 1, 2, 9-2-03; Ord. No. 05-3, § 1b., 2-7-05; Ord. No. 05-2, § 1a.—c., 2-22-05; Ord. No. 06-9, § 1b., 4-18-06; Ord. No. 07-17, § 1a., b., 10-2-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 16-09, § 3, 10-4-16; Ord. No. 21-20, § 1, 12-7- 21)
336
ATTACHMENT 4
22 Section 13-30 Purpose.

The purpose of this chapter is to provide a comprehensive list of uses which are permitted, conditionally permitted, or prohibited in the various zoning districts, as represented by Table 13-30, Land Use Matrix. In evaluating a proposed use, the following criteria shall also be considered:
(a) Uses determined as permitted may be subject to a discretionary review when construction is proposed, pursuant to Chapter III, Planning Applications. (b) Uses proposed in the planned development zones are subject to verification of consistency with the master plan adopted for planned development zones. A proposed use not expressly allowed by the adopted master plan may require additional discretionary review pursuant to Table 13-30, Land Use Matrix. (c) All listed uses in the matrix are subject to verification of compliance with density and floor area ratio limits, parking requirements and performance standards which may, in certain cases, prevent the establishment of the use.
(d) Any proposed use not listed in the Land Use Matrix shall be reviewed by the development services director to determine its similarity to another listed use. If no substantial similarity exists, the proposed use shall require approval of a conditional use permit prior to establishment of the use. (e) For the purpose of Table 13-30, Land Use Matrix, the various zoning districts are labeled as follows:

Residential zones: R1, R2-MD, R2-HD, and R3
Commercial zones: AP, CL, C1, C2, C1-S, and TC
Industrial zones: MG and MP
Planned Development Residential zones: PDR-LD, PDR-MD, PDR-HD, and PDR- NCM
Planned Development Commercial zone: PDC
Planned Development Industrial zone: PDI
The Parking zone: P
Institutional and Recreational zones: I & R, I & R-S, and I & R-MLT (f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable. (g) For the mixed-use overlay district located in an urban plan area, please refer to the appropriate urban plan text for additional regulations related to development standards and allowable land uses as applicable.

TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

RESIDENTIAL USES

1. Single-family dwellings (single housekeeping units) P4 P P P • • • • • • • • P P P P P P • • P •

2. Multi-family dwellings • P P P • • • • • P • • P P P P P P • • P •

2.1 Common interest developments, residential • P P P • • • • • P • • P P P P P P • • P •

2.2 Small lot subdivisions, residential • P P P • • • • • • • • • • • • • • • • • •

3. Mobile home parks • C C C • • • • • • • • C C C C C C • • • •

4. Boarding-house, small7 • P P P • • • • • • • • P P P P P P • • • •

5. Boarding-house, large7 • C C C • • • • • • • • • C C C C C • • • •

6. Residential care facility, six or fewer persons (State licensed)
P P P P • • • • • • • • P P P P P P P • P •

7. Group homes, six or fewer S S6 S6 S6 • • • • • • • • S6 S6 S6 S6 S6 S6 P • P •

7.1 Sober living homes, six or fewer S5 S6 S6 S6 • • • • • • • • S6 S6 S6 S6 S6 S6 P • • • 337
ATTACHMENT 4
23 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

8. Residential care facility, seven or more • C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •

9. Group homes, seven or more • C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •

9.1 Sober living homes, seven or more • C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •

10. Referral facility (Subject to the requirements of
section 13-32.2, referral facility).
• C2 C2 C2 • • • C2 • • • • • C2 C2 • • • • • • •

11. Single room occupancy residential hotel (subject to City Council Policy 500-5)
• • • • • • C2 C2 • • • • • • • • • • • • • •

ACCESSORY USES

12. Reserved for future use.

13. Animals, keeping of SEE TITLE 3, ANIMALS AND FOWL

14. Antennas: Amateur radio, Satellite dish,
Communication
SEE CHAPTER IX, ARTICLE 2, ANTENNAS

15. Reserved for future use

15.1 Incidental residential use that includes a toilet in combination with a bathtub or shower. This applies to an accessory use contained in a detached structure, or
contained within the main structure with no interior
connection between the main and incidental use. Land
use restriction required.

P P P P • • • • • • • • P P P P P P • • • •

16. Day care facilities (15 children or more) (see also Nursery schools)
C C C C C C C C C C C C C C C C C C C P P •

17. Family day care—Large (7 to 14 children) (subject to the requirements of section 13-37, large family day care homes)
P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2,3 P2,3 P • P2 •

18. Family day care—Small (up to 8 children) P P P P • • • • • • • • P P P P P3 P3 P • P3 •

19. Garage/yard sales—No more than 2 events permitted
a year, not to exceed 3 consecutive days
P P P P • • • • • • • • P P P P P3 P3 • • P3 •

20. Reserved for future use.

21. Home occupations (subject to the requirements of
chapter IX, article 6, home occupations) P2 P2 P2 P2 P2,3 P2,3 P2,3 P2,3 P2,3 P2,3 P2,3 P2,3 P2 P2 P2 P2 P2,3 P2,3 P2 • P2 •

22. Home occupations that generate traffic and do not
involve more than 1 customer/ client at a time or more
than 8 customers/clients per day (subject to the
requirements of ch. IX, article 6, home occupations)
MC2 MC2 MC2 MC2 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2 MC2 MC2 MC2 MC2,3 MC2,3 MC2,3 • MC2,3 •

22.1 Non-residential accessory uses in a residential
development not otherwise specified in this table
• • • • • • • • • • • • • • • • • • • • • •

22.2 Accessory dwelling unit (subject to the requirements of ch. V, section 13-35, accessory dwelling units) P2 P2 P2 P2 • • • • • P2 • • P2 P2 P2 P2 P2 P2 • • P2 •

22.3 Junior accessory dwelling unit (subject to the
requirements of ch. V, section 13-35, accessory dwelling units)
P2 P2 P2 P2 • • • • • • • • P2 P2 P2 P2 P2 P2 • • P2 •

22.4 Temporary real estate and construction offices
(subject to the requirements of ch. IX, art. 10, temporary trailers)
P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

INSTITUTIONAL AND RECREATIONAL USES

23. Cemeteries • • • • • • • • • • • • • • • • • • C • • •

24. Churches and other places of religious assembly
(Subject to the requirements of article 4.5, development standards for churches and other places of religious
assembly)
C2 C2 C2 C2 C2 C2 P2 P2 C2 C2 P2 P2 C2 C2 C2 C2 C2 C2 P2 C2 C2 • 338
ATTACHMENT 4
24 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

25. Civic and community clubs C C C C C C P P P P C C C C C C C C C • P •

26. Convalescent hospitals; nursing homes • C C C C C C C • • • • • • • • • • P • • •

27. Country clubs; golf courses C C C C • • • • • • • • C C C C • • P C • •

28. Crematories (See also Mortuary services) • • • • • • • C • • C C • • • • • • C • • •

29. Fairgrounds; outdoor festival (permanent) • • • • • • • • • • • • • • • • • • C • • •

30. Hospitals, general • • • • • • • • • • • • • • • • • • P • P •

31. Libraries, privately-operated C C C C • • C C C C C C C C C C C C P C • • 31a. Marijuana and/or medical marijuana cultivation • • • • • • • • • • • • • • • • • • • • • • 31b. Cannabis and/or marijuana distributer • • • • • • • • • • • C9 • • • • • C9 • • • 31c. Cannabis and/or marijuana manufacturer or
processor
• • • • • • • • • • • C9 • • • • • C9 • • •
31d. Cannabis and/or marijuana retail sales storefront • • • • • C9 C9 C9 C9 C9 • • • • • • • • • • • 31e. Cannabis and/or marijuana retail sales
nonstorefront (deliveries)
• • • • • C9 C9 C9 C9 C9 • C9 • • • • • C9 • • • •
31f. Cannabis and/or marijuana research and
development and/or testing laboratories
• • • • • • • • • • • C9 • • • • • C9 • • •

32. Mortuary services without crematories • • • • C C C C C • C C • • • • • • C • • • 32a. Needle exchange program • • • • • • • • • • • • • • • • • • • • • •

33. Nursery schools—See also Day care facilities for 15 or more children
C C C C C C C C C C C C C C C C C C C P C •

34. Parks and playgrounds C C C C • • • • • C • • C C C C C C P P P •

35. Public offices and facilities, such as city halls, court- houses, police/ fire stations, etc.

C C C C C C P P P P C C C C C C C C P • • •

36. Schools: primary, secondary and colleges C C C C C C C C C C C C C C C C C C C P P •

37. Schools: trade and vocational; group counseling • • • • • MC P P P P MC MC • • • • P MC P P • •

38. Senior congregate care facility • C C C C C C C C C • • • C C C C • C • • •

39. Swap meets • • • • • • • • • • • • • • • • • • C C • • 39a. Emergency shelters • • • • • • • • • • • C10 • • • • • P10 • • • •

SPECIAL SEASONAL EVENTS

40. Reserved.

41. Christmas tree lots; pumpkin patches; fireworks
stands; produce stands (subject to the requirements of
title 9, chapter II, regulation of certain businesses)
• • • • P2 P2 P2 P2 P2 P2 P2 P2 • • • • P2 P2 P2 P2 • •

COMMERCIAL AND INDUSTRIAL USES

42. Acupressure; massage (subject to the requirements
of title 9, chapter ii, article 22, Massage establishments and practitioners)
• • • • P2 P2 P2 P2 P2 P2 • • • • • • P2 • • • • •

43. Adult businesses (See Sexually-oriented businesses)

44. Aggregate batch plants; Rock or asphalt crushing;
Sand blasting
• • • • • • • • • • • • • • • • • • • • • •

45. Ambulance services • • • • MC MC MC MC MC MC MC MC • • • • MC MC • • • •

46. Amusement centers (subject to the requirements of
chapter IX, article 5, electronic game machines)
• • • • • • C2 C2 C2 C2 • • • C2 C2 C2 C2 • • • • •

47. Animal hospitals; veterinary services (kenneling only when incidental to principal hospital use)
• • • • • C C P P C C C • • • • P • • • • •

48. Animal shelters, pounds, kennels, training schools • • • • • • • C • • C C • • • • • • C • • • 48a. Antique malls • • • • • • P P P • MC MC • • • • P MC • • • •

49. Artists, sculptors studios • • • • P P P P P P P P • • • • P P • • • •

50. Auction houses • • • • • • C C C C C C • • • • C C • • • •

51. Automobile (See Motor vehicle)
339
ATTACHMENT 4
25 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P

52. Banks; savings and loans; and other financial
institutions
• • • • P P P P P P • • • P P P P P • • • •

53. Bars; nightclubs (See Establishments where food or
beverages are served)

54. Barber and beauty shops with accessory uses such
as permanent make up, facials, and accessory massage
• • • • • P P P P P • • • P P P P P • • • •

55. Billiards parlors • • • • • • C C C C C C • C C C C C • • • •

56. Botanical gardens; Zoos • • • • • • C C C C • • • • • • • • C • • •

57. Bowling centers • • • • • • C C C C • • • • • C C • • • • •

58. Breweries; Distilleries • • • • • • • • • • C C • • • • • • • • • •

59. Reserved

60. Building supplies; Hardware stores (retail) • • • • • • P P P • • • • P P P P • • • • •

61. Business services—See Offices

62. Car washes • • • • • • C C C C C C • C C C C C • • • •

63. Carts— Outdoor retail sales in conjunction with an
established business
• • • • • MC MC MC MC MC MC MC • MC MC MC MC MC MC • • •

64. Catering • • • • • MC P P P • P P • • • • P P • • • •

65. Coffee roasting • • • • • • • • • • MC MC • • • • • • • • • •

66. Coffee roasting (in conjunction with establishments where food or beverages are served)
• • • • • • MC MC MC MC MC MC • MC MC MC MC MC • • • •

67. Commercial art; Graphic design • • • • P P P P P P P P • • • • P P • • • •

68. Commercial testing laboratories • • • • • • • • • • P P • • • • • P • • • •

69. Computer and data processing • • • • P P P P P P P P • • • • P P • • • •

70. Contracting: general contractors; operative builders • • • • • C C P C • P P • • • • • P • • • •

71. Convenience stores; mini-markets (subject to the
requirements of chapter IX, article 16, liquor stores,
convenience stores, and mini-markets)
• • • • • • C2 C2 C2 C2 • • • • C2 C2 C2 • • • • •

72. Department stores (retail) • • • • • • P P P P • • • • • • P • • • • •

73. Electronic game machines (four or more), incidental to the primary use, (subject to the requirements of
chapter IX, article 5, electronic game machines)—
Excluding amusement centers listed separately
• • • • • MC2 MC2 MC2 MC2 MC2 MC2 MC2 • MC2 MC2 MC2 MC2 MC2 • • • •

74. Engineering; architectural; and surveying services— See Offices

75. Entertainment, live or public • • • • • SEE TITLE 9, ARTICLE 11, REGULATORY PERMITS FOR

PUBLIC ENTERTAINMENT
• SEE TITLE 9, ARTICLE 11, REGULATORY PERMITS FOR

PUBLIC ENTERTAINMENT
• •

76. Establishments where food or beverages are served • • • • • SEE CHAPTER V, ARTICLE 4, ESTABLISHMENTS WHERE

FOOD OR BEVERAGES ARE SERVED
• SEE CHAPTER V, ARTICLE 4,

ESTABLISHMENTS WHERE FOOD OR

BEVERAGES ARE SERVED
• • • •

77. Exhibition of products produced on premises or
available for wholesale distribution
• • • • • P P P P P P P • • • • P P • • • •

78. Flower stands—See also Carts • • • • • MC MC MC MC MC MC MC • MC MC MC MC MC MC • • •

79. Furniture repair and refinishing with incidental sales • • • • • • P P P • P P • • • • • P • • • •

80. Grocery stores—See also Supermarkets; excluding
convenience stores; and liquor stores listed separately • • • • • • P P P P • • • MC MC MC MC • • • • •

81. Hazardous waste facilities, off-site (subject to chapter IX article 9, off-site hazardous waste facilities)
• • • • • • C2 C2 C2 C2 C2 C2 • • • • C2 C2 C2 • • •

82. Heliports; Helistops • • • • • • • • C C C C • • • • C C C C • •

83. Hotels— Excluding motels listed separately • • • • • • C C C P • • • C C C P • • • • •

84. Landscape services (installation and maintenance) • • • • • MC MC P P • P P • • • • • P • • • •

85. Laundry, cleaning and garment services, including • • • • • P P P P P P P • P P P P P • • • • 340
ATTACHMENT 4
26 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P
plants

86. Leather tanning and finishing • • • • • • • • • • C C • • • • • C • • • •

87. Limousine services • • • • • C C C C C C C • • • • C C • • • •

88. Liquor stores (subject to the requirements of chapter IX, article 16, liquor stores, convenience stores, and mini- markets)
• • • • • • C2 C2 C2 C2 • • • • • • C2 • • • • •

89. Lumber and building materials dealers, (wholesale) • • • • • • • • • • P P • • • • • P • • • •

90. Manufacturing: Light EXCEPT the following which are prohibited:
• Manufacture of fertilizer
• Manufacture of products involving the use of explosives • Manufacture of rubber (including tires), steel
• • • • • • • • • • P2 P2 • • • • • P2 • • • •

91. Manufacturing of chemical products, paints,
pharmaceuticals, and plastics
• • • • • • • • • • C2 C2 • • • • • C2 • • • •

92. Manufacturing of stone, clay, glass and concrete
products EXCEPT the following which are prohibited:
• Manufacture of flat glass
• Manufacture of cement and structural clay products
• Manufacture of concrete, gypsum and plaster products
• Manufacture of abrasive and asbestos products
• Manufacture of nonclay refractories and crucibles
• Processing and preparation of clay, ceramic and
refractory minerals
• • • • • • • • • • P2 P2 • • • • • P2 • • • •

93. Manufac-turing or processing of foods and beverages EXCEPT the following which are prohibited:
• Meat and poultry packing plants
• Grain mills
• Sugar refining
• Fats and oils processing mills
• Seafood canneries and packaging
(See also Breweries; Distilleries; Coffee roasting)
• • • • • • • • • • P2 P2 • • • • • P2 • • • •

94. Massage— See also Acupressure (subject to the
requirements of title 9, chapter II, article 22, massage establishments and practitioners)
• • • • P2 P2 P2 P2 P2 P2 • • • • • • P2 • • • • •

95. Medical laboratories • • • • MC MC P P P P MC MC • • • • MC MC • • • •

96. Metal fabrication, welding, foundry, die casting
(subject to subsection 13-54(a), performance standards) • • • • • • • • • • P2 P2 • • • • • • • • • •

97. Motels— (Subject to requirements of chapter IX,
article 8, motels) Excluding Hotels listed separately
• • • • • • C2 C2 • • • • • • • • • • • • • •

98. Motion picture and television studios • • • • C C C C • • P P • • • • P P • • • •

99. Motion picture theaters and other theaters not within 200 feet of residential zones
• • • • • • P P P P • • • • • • P • • • • •
100. Motion picture theaters and other theaters within
200 feet of residential zones
• • • • • • C C C C • • • • • • C • • • • •
101. Motor oil, used—Collection facility (subject to the requirements of chapter IX, article 9, off-site hazardous waste facilities)
• • • • • • P2 P2 P2 • P2 P2 • • • • P2 P2 P2 P2 • •
102. Motor vehicle, boat, and motorcycle retail sales,
leasing, rentals and service with two or more outdoor
display parking spaces
• • • • • • C C C C C C • • • • C C • • • •
103. Motor vehicle, boat, and motorcycle retail sales,
leasing, and rentals with one or less outdoor display
• • • • • • P P P P P P • • • • P P • • • •
341
ATTACHMENT 4
27 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P
parking space and no service (subject to verification of parking availability)
104. Motor vehicle service stations • • • • • • C C C • • • • • • • C • • • • • 105. Motor vehicle service stations with concurrent sale of alcoholic beverages (subject to requirements of
chapter IX, article 3, concurrent sale of alcoholic
beverages and motor vehicle fuel)
• • • • • • C2 C2 C2 • • • • • • • C2 • • • • •
106. Motor vehicle; boat; and motorcycle repair services (including body and paint work), not within 200 feet of residential zone (subject to subsection 13-54(b))
• • • • • • P P P • P P • • • • P P • • • •
107. Motor vehicle; boat; and motorcycle repair services (including body and paint work), within 200 feet of
residential zone (subject to subsection 13-54(b))
• • • • • • C C C • C C • • • • C C • • • •
108. Nurseries (retail with no bulk fertilizer) • • • • • C C P P • C C • • • • • • • • • • 109. Offices: central administrative • • • • P P P P P P P P • • • • P P • • • • 110. Offices: engineering; architectural; and surveying services; management; consulting and public relations
• • • • P P P P P P P P • MC MC MC P P • • • •
111. Offices: general; individual counseling • • • • P P P P P P MC MC • MC MC MC P P • • • • 112. Reserved
113. Offices: medical and dental • • • • P P P P P P • • • MC MC MC P MC MC • • • 114. Offices: services to businesses such as
bookkeeping and data processing
• • • • P P P P P P P P • • • • P P • • • •
115. Off-street parking lots and structures including
related maintenance buildings
• • • • C C C C C P C C • • • C C C C C • P
116. Off-street parking lots and structures, incidental uses within
• • • • MC MC MC MC MC MC MC MC • • • MC MC MC MC MC • MC 117. Oil fields; oil wells (see chapter XIV, oil drilling) • • • • • • • • • • • • • • • • • • • • • • 118. Pawn shops • • • • • C C C C • • • • • • • • • • • • • 119. Photocopying; blueprinting and related services • • • • • P P P P P P P • • • • P P • • • • 120. Photofinishing laboratories • • • • • • • • • • P P • • • • • P • • • • 121. Photofinishing stores • • • • • P P P P P • • • • • • P P • • • • 122. Photography: Commercial • • • • P P P P P P MC MC • • • • P MC • • • • 123. Photography: portrait studio • • • • P P P P P P • • • • • • P MC • • • • 124. Physical fitness facilities • • • • • • C C C C C C • • • • C C • • • • 125. Printing and publishing • • • • • • MC P MC MC P P • • • • P P • • • • 126. Recording studios • • • • • • MC MC MC • MC MC • • • • MC MC • • • • 127. Recycling and collection facilities for nonhazardous materials
• • • • • MC MC MC MC • MC MC • • • • MC MC MC MC • •
128 Research and development laboratories— Other
than cannabis and/or marijuana testing laboratories
• • • • C C C P C C P P • • • • • P • • •
129. Restaurants—See Establishments where food or
beverages are served

130. Retail: general— Excluding antique malls, pawn
shops, supermarkets, grocery stores, convenience
stores; and liquor stores listed separately
• • • • • P P P P P • • • P P P P P • • • •
131. Retail, incidental sales to the main use (subject to the requirements of section 13-54(a), incidental retail sales)
• • • • P P P P P P P2 P2 • P P P P P2 • • • •
132. Retail: nonstore • • • • P P P P P P P P • P P P P P • • • • 133. Rifle, pistol, and firing ranges • • • • • • • • • • C C • • • • • • C • • • 134. Sexually-oriented businesses (subject to the • • • • • P2 P2 P2 P2 • • • • • • • P2 • • • • • 342
ATTACHMENT 4
28 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P
requirements of title 9, chapter IV and title 13, chapter IX, sexually-oriented businesses)
135. Skating rinks • • • • • • C C C C C C • • • C C C C C • • 135a. Smoking lounge (subject to chapter IX, article 19, smoking and vaping uses)
• • • • • • • • C2 • • P2 • • • • C2 • • • • •
135b. Smoking/ vaping retailer (subject to chapter IX,
article 19, smoking and vaping uses)
• • • • • P2 P2 P2 P2 P2 • • • P2 P2 P2 P2 P2 • • • •
136. Storage of chemicals and allied products (except as incidental use)
• • • • • • • • • • • • • • • • • • • • • •
137. Storage of explosives • • • • • • • • • • • • • • • • • • • • • • 138. Storage of fertilizer • • • • • • • • • • C C • • • • • • • • • • 139. Storage of motor vehicles— Outdoor (not including
impound yard)
• • • • • • C C C • MC MC • • • • C MC • • • •
139a. Storage of motor vehicles— Indoor only (not
including impound yard)
• • • • • • P P P • P P • • • • P P • • • •
140. Storage of petroleum and coal products • • • • • • • • • • • • • • • • • • • • • • 141. Storage of rock, sand, crushed aggregate and
gravel
• • • • • • • • • • C C • • • • • • • • • •
143. Supermarkets— See also Grocery stores • • • • • • P P P P • • • MC MC MC MC • • • • • 143a. Specialty stores • • • • • • P P P P • • • • MC MC MC • • • • • 144. Tattoo parlors • • • • • • C C C • • • • • • • C • • • • • 145. Tire sales and installation not within 200 feet of residential zone
• • • • • • P P P • P P • • • • P P • • • •
146. Tire sales and installation within 200 feet of
residential zone
• • • • • • MC MC MC • MC MC • • • • MC MC • • • •
147. Tow companies with or without impound yard • • • • • • C C C • MC MC • • • • • MC • • • • 148. Transfer station for refuse, sewage treatment • • • • • • • • • • C C • • • • • C C • • • 149. Trucking: local and long distance • • • • • • • C • • P P • • • • • C • • • • 150. Warehouses, mini (subject to the requirements of
chapter IX, article 7, mini-warehouses)
• • • • • • C2 C2 C2 • MC2 MC2 • • • • • MC2 • • • •
151. Warehouses, public • • • • • • C C C • P P • • • • • P • • • • 152. Warehousing of durable and nondurable goods
except livestock and poultry—See also Storage
• • • • • • • • • • P P • • • • • P • • • •
153. Wholesale trade of motor vehicles, boats and
motorcycles with outdoor storage of vehicles
• • • • • • C C C C C C • • • • C C • • • •
154. Wholesale trade of motor vehicles, boats and
motorcycles without outdoor storage of vehicles
• • • • • MC MC P P P P P • P P P P P • • • •
155. Wholesale trade of durable, nondurable goods,
except livestock, poultry and perishable goods
• • • • • MC MC P P P P P • P P P P P • • • •
Notes:
1 Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. Residential uses shall not be permitted on any site or parcel of land on which resid ential uses are expressly prohibited by the general plan. 2 This use is subject to the requirements of the referenced Municipal Code article or section. 3 If residential uses exist, accessory uses shall be permitted. 4 For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning: C—Conditional Use Permit; MC—Minor Conditional Use Permit; P—Permitted; •—Prohibited; and S—Special Use Permit. 5 Six hundred fifty foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311(a)(10)(i). 6 Subject to the separation requirement set forth in sections 13-322(a)(3) and 13-323(b). 7 Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be located at least 1,000 feet away from any other boardinghouse. 8 Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone. 9 Prohibited at the SoCo property, 3303 through 3323 Hyland Ave. 10 Emergency shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a permit ted use, not subject to a master plan requirement and the standards in section 13 -200.79(1), (2), (4), (8), (10) and (13) do not 343
ATTACHMENT 4
29 TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX

LAND USES
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC1 MG MP
PDR-
LD1
PDR-
MD1
PDR-
HD1
PDR-
NCM1 PDC1 PDI1 I&R1 I&R-S1
I&RM
LT1 P
apply to such uses.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 2, 2-2-98; Ord. No. 98-5, § 8, 3-2-98; Ord. No. 00-5, § 1(b), 3-20-00; Ord. No. 01-1, § 1, 1-15-01; Ord. No. 01-30, § 1a(Att. A), 1-7-02; Ord. No. 02-4, § 1b(Att. A), 3-18-02; Ord. No. 02-12, § 1c, 6-17-02; Ord. No. 05-2, § 1f.(Att. A), 2-22-05; Ord. No. 05-11, § 2b., 7-19-05; Ord. No. 06-2, § 1a., 2-7-06; Ord. No. 06-9, § 1d., 4-18-06; Ord. No. 06-18, § 1b., 9-5-06; Ord. No. 07-2, § 1d., 2-6-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2B., 3-19-13; Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 14-13, 10-21-14; Ord. No. 15-06, §§ 1—3, 7-7-15; Ord. No. 15-10, § 2B, 9-15-15; Ord. No. 15-11, §§ 3—5, 11-17-15; Ord. No. 16-01, § 4, 1-19-16; Ord. No. 16-09, §§ 4, 5(Exh. A), 10-4-16; Ord. No. 16-13, § 2, 11-15-16; Ord. No. 16-15, § 5, 11-8-16; Ord. No. 18-03, § 3, 1-16-18; Ord. No. 18-04, § 3, 4-3-18; Ord. No. 19-13, § 3, 9-3- 19; Ord. No. 19-15, § 1, 9-17-19; Ord. No. 21-03, § 4, 3-2-21; Ord. No. 21-08, § 1, 6-15-21; Ord. No. 21-20, § 1, 12-7-21) 344
ATTACHMENT 4
30 Section 13-32 Development standards.

Table 13-32 identifies development standards in the residential zones, with the exception of development standards for common interest developments (see Article 2, common interest developments. See also Article 9, general site improvement standards of this chapter for additional requirements for all the residential zones.

TABLE 13-32

RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS R1 R2-MD R2-HD R3
Minimum Lot Area 6,000 square feet 12,000 square feet 12,000 square feet 12,000 square feet Minimum Lot Area for newly
subdivided lots
6,000 square feet 12,000 square feet 12,000 square feet 12,000 square feet Minimum Lot Width for newly
subdivided lots
Interior lot: 50 feet
Corner lot: 60 feet
Note: All newly subdivided lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width. An exception to this requirement is when the existing R-1 lot (that is proposed to be subdivided) has an average depth that equals to or exceeds 200 feet
Interior lot: 100 feet Corner lot: 100 feet
Note: All newly subdivided lots shall have frontage on a dedicated street equal to, or in excess of, the required minimum lot width; with the exception of common interest developments.

Maximum Number of Stories &
Building Height
2 stories/27 feet for residential land uses. The maximum number of stories and building height for nonresidential land uses s hall be determined in conjunction with the conditional use permit review process.

Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.

Attics Attics shall not be heated or cooled, nor contain any electrical outlets, or operable windows. Attics above second stories sh all be an integral part of the second story roofline and not appear as a third story on any building elevation. Windows in any atti c space above the second story shall be incidental and limited to a dormer style.

Maximum Density (Based on
gross acreage.)
1 dwelling unit per 6,000 square
feet (Note: Only 1 dwelling unit
is permitted per lot.)
1 dwelling unit per 3,630 square
feet 1 unit per 3,000 square feet
for legal lots existing as of
March 16, 1992, that are less
than 7,260 square feet in area
but not less than 6,000 square
feet in area.
1 dwelling unit per 3,000 square
feet
1 dwelling unit per 2,178 square
feet
Minimum Open Space 40% of total lot area 40% of total lot area.

Distance Between Buildings 10-foot minimum between main buildings 6-foot minimum between main buildings and accessory structures Driveway width For all individual driveways: Ten-foot minimum width For lots less than 50 feet wide: 26-foot maximum width 1 For lots greater than 50 feet wide: Driveway width shall be a maximum of 50 percent of the lot width, or a maximum 36-foot width, whichever is less. 1
Same as R1, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit
345
ATTACHMENT 4
31 TABLE 13-32

RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS R1 R2-MD R2-HD R3
Driveway length Straight-in driveways to garages shall have a minimum length of 19 feet from the ultimate property line.

Storage Not applicable. Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is provided within the garage or carport it shall be located so as not to obstruct the required clear dimensions of the covered parking space (per the City of Costa Mesa Parking Design Standards) at any point less than 4 feet above the finished surface level of the parking stall.

Mechanical equipment,
excluding antennas and flush-
mounted solar panels on roofs
Roof-top location is prohibited on single-family dwelling units.

All other locations: Screening required from public rights-of-way and adjacent properties. Antennas are subject to Chapter IX, Article 2, antennas.

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setb acks from streets are measured from the ultimate property line shown on the master plan of highways).

Front 20 feet 20 feet 20 feet 20 feet
Side Interior property line: 5 feet. Note: Accessory structures that do not exceed 6½ feet in height in the R1 zone or 15 feet in height in the other residential zones may have a zero side setback.

Property line abutting a public street: 10 feet. Note: Driveways providing straight -in access from a public street to a garage shall be at least 19 feet long, as measured from the property line.

Property line abutting an alley: 5 feet
Rear (not abutting a publicly
dedicated alley)
20 feet for 2 story structures.
10 feet for 1 story structures (15 foot maximum height) provided that maximum rear yard coverage is not exceeded.

Note: Accessory structures that do not exceed 6½ feet in height in the R1 zone or 15 feet in height in the R2 zones may have a zero rear yard setback, except on corner lots in the R2 zones.

Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures.
15 feet for 2 story structures.
10 feet for 1 story structures (15-foot maximum height). Note:

Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots (see R2- MD and R2-HD column for setbacks for corner lots).

Rear yard coverage
(maximum)
Rear (not abutting a publicly dedicated alley, street, or park):

Main Buildings: 25% of rear yard area.*
Accessory Buildings: 50% of rear yard area.*
* Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet.

Rear abutting a publicly dedicated alley, street, or park: Not applicable
Not applicable
346
ATTACHMENT 4
32 TABLE 13-32

RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS R1 R2-MD R2-HD R3
Rear abutting a publicly
dedicated alley, street, or park
5 feet; however, garages may be required to setback further to ensure adequate back up distance. Rear Yard Coverage does not apply.

Note: Accessory structures that do not exceed 6½ feet in height in the R1 zone or 15 feet in height in the other residential zones may have a zero rear yard setback, except on corner lots in the R2 and R3 zones where accessory structures shall maintain setbacks for main structures.

Bluff top setback No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP DEVELOPMENT).

PROJECTIONS (Maximum depth of projections given)
Roof or eaves overhang;
awning
2 feet 6 inches into required side setback or building separation area. 5 feet into required front or rear setback.

Open, unenclosed stairways. 2 feet 6 inches into required setback or building separation area.

Chimneys 2 feet above maximum building height.

Fireplaces 2 feet into required setback or building separation area.

PARKING STANDARDS (See Chapter VI).

LANDSCAPING (See also Chapter VII).

Landscaping Required. All unpaved areas visible from the public right-of-way shall be landscaped and the landscaping shall be maintained in a healthy condition, free of dying, dead, diseased, decayed, discarded, and/or overgrown vegetation.

See Chapter VII, LANDSCAPING.

SIGNS (See Chapter VIII).

POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5-foot side and 10-foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requirements.

RAISED DECKS
Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.

FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform [to] the city's walls, fences, and landscaping standards.

See ARTICLE 9, GENERAL SITE IMPROVEMENT STANDARDS, of this chapter for further information.

1. The maximum driveway width standards are only applicable to the construction of new single -family residences.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, §§ 1f., g., 6-18-01; Ord. No. 02-4, § 1c, 3-18-02; Ord. No. 02-9, § 1a, 7-1-02; Ord. No. 03- 8, § 4, 9-2-03; Ord. No. 05-3, § 1c., 2-7-05; Ord. No. 09-4, § 1b., 5-5-09; Ord. No. 21-20, § 1, 12-7-21) 347
ATTACHMENT 4
33 Section 13-35 Accessory dwelling units.
(a) Purpose, general plan consistency, definitions.
(1) Purpose and interpretation. The intent of this section is to ensure that accessory dwelling units (ADUs) and Junior ADUs remain as an accessory uses in residential and mixed-use zones, that the structures on parcels are organized to accommodate an ADU and/or Junior ADU, and that such dwelling units do not adversely impact surrounding residents or the community. This section 13-35 is intended to retain the ability of the city to regulate ADUs in terms of design, aesthetics, massing and integration with existing structures and to comply with the requirements of state law.
(2) General plan consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element. (3) Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit," "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 66313 as that section may be amended from time to time. b. "Junior ADU" shall have the same meaning as that stated in Government Code section 66313(d) as that section may be amended from time to time. c. A structure is considered "existing" if a building permit was issued and finalized before an ADU or JADU application is submitted under this section. d. The terms "single-family dwelling" and "multifamily dwelling" exclude all detached accessory structures.
e. The term "single-family dwelling" is a dwelling (excluding any ADU or Junior ADU) that is not attached to another dwelling. Single-family dwellings may include detached single-family homes where there is more than one primary dwelling on a lot.
f. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU) within a multifamily dwelling structure.
g. A "multifamily dwelling structure" is a structure which contains at least two lawful dwellings within the structure, excluding ADUs and Junior ADUs.

Storage rooms, boiler rooms, passageways, attics, basements, garages and other non-habitable spaces are considered within a "multifamily dwelling structure" if such non-habitable spaces are within the same structure as at least two other multifamily dwellings.
(b) Accessory dwelling units.
(1) Residential and mixed use zones only. ADUs are permitted in single-family, multifamily, mixed-use zones (i.e., zones where single-family and/or multifamily dwellings are allowed), and within approved master plan sites with residential 348
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34 uses in other zones, and only on a legal lot with proposed or existing residential dwelling(s) which will remain on site. By way of illustration only, the zones where accessory dwellings are allowed are shown on the Citywide Land Use Matrix at section 13-30. If there is any conflict between the requirement that ADUs be approved in (and only in) zones where single-family and multifamily dwellings are allowed and the Land Use Matrix, the former shall control. (2) Reserved.
(3) Ministerial. Any application for an ADU that meets the requirements of this section shall be approved ministerially by the city by applying the standards herein and without a public hearing or notice of decision or zoning approval in compliance with government code section 66317.
(4) Maximum number of dwelling units. The following is the maximum number of ADUs and or Junior ADUs allowed on any lot.
a. Single-family. One detached, new construction ADU, one conversion ADU, and one junior ADU may be permitted on a lot with a proposed or existing single-family dwelling subject to the following:

1. Conversion within a single-family dwelling.
(i) An ADU and Junior ADU may be within the existing footprint of a lawful single-family dwelling. Alternatively, an ADU may be within a lawfully constructed existing detached accessory structure; in this case up to 150 square feet may be added beyond the physical dimensions of the existing accessory structure solely to accommodate ingress and egress to the ADU; and
(ii) ADUs and Junior ADUs must have independent exterior access from the single-family dwelling, and have side and rear setbacks sufficient for fire safety; and

2. New construction (attached or detached). One new construction ADU may be permitted on a lot with proposed or existing single-family dwelling. One new construction Junior ADU may be allowed on the lot if the Junior ADU is to be in a single-family dwelling that meets all applicable legal standards.
b. Multifamily. One ADU is allowed within new construction residences where, after construction, there will be at least two residences on the lot (e.g. detached residential structures, duplexes, apartments); up to two ADUs are allowed with such structures pursuant to subsection 2, below. For lots with an existing legal multifamily dwelling (e.g., a legal non-conforming multifamily dwelling), the applicant may have ADU(s) pursuant to the following:

1. Maximum ADUs within existing multifamily dwelling structure. No more than 25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one unit, shall be permitted as ADU(s) constructed within the enclosed nonlivable space (e.g., a space in a dwelling not intended for human habitation, including 349
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35 living, sleeping, eating, cooking, or sanitation)) of the existing multifamily dwelling structures; or

2. Maximum detached ADUs. No more than eight detached ADUs are permitted, provided that the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. The units shall be detached from every residence on site (but need not be detached from each other) with the exception of one ADU, which may be attached to the multifamily dwelling structure. This section shall apply to detached structures that are converted and new construction detached ADUs. Conversion detached ADUs are not subject to height, setbacks, and maximum square footage; or
(5) Maximum size.
a. Single-family.

1. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than 1,200 square feet.

2. Attached. An ADU attached to a single-family dwelling shall be no more than the greater of 50% of the square footage of the existing single-family dwelling or 1,000 square feet.
b. Multifamily, new construction.

1. Detached. For lots with an existing legal multifamily dwelling structure the maximum square footage for a detached ADU is 850 square feet or 1,000 square feet for an ADU that provides more than one bedroom, except as allowed in Government Code Section 66323.; or

2. Attached. For lots with an existing legal multifamily dwelling structure, an attached ADU shall not exceed the greater of 1,000 square feet or 50% of the average floor area of the existing multiple family dwelling units. c. Interior conversions. Notwithstanding subsections a and b immediately above, ADUs which are converted from space entirely within existing structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage.
(6) Minimum size.
a. ADUs may be efficiency units. Notwithstanding the general limitation on efficiency units being no smaller than 220 square feet, ADUs may also be less than 220 square feet, provided that they are no smaller than 150 square feet, and comply with all other legal requirements.
(7) Conversions of dwelling units.
a. Total conversion of single-family dwelling. An entire existing single-family dwelling may be converted to an ADU if the ADU complies with all applicable requirements of this section and a new single-family residence with a total gross floor area exceeding that of the ADU is constructed in full compliance with code requirements.
b. Partial conversion/addition. A portion of the existing single-family or multifamily dwelling may be converted to an ADU with new additional square 350
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36 footage, which additional square footage shall comply with all standards applicable to the underlying zone, and all converted square footage shall comply with standards applicable to conversions. The maximum square footage of the ADU shall be based upon the size of the existing dwelling before construction of the ADU addition.
(8) Short-term rentals prohibited. An ADU shall not be rented for periods of less than 31 days.
(c) Junior ADUs.
(1) Rule. Junior ADUs shall comply with the requirements of this subsection, in addition to the requirements of subsection (d) of this section 13-35. (2) Maximum size. A Junior ADU shall not exceed 500 square feet in gross floor area.
(3) Owner occupancy requirement. The owner of a parcel proposed for a Junior ADU shall occupy as a primary residence either the primary dwelling unit or the Junior ADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time. (4) Short-term rentals prohibited. A Junior ADU shall not be rented for periods of less than 31 days unless otherwise authorized by the municipal code. (5) Location of Junior ADU. A Junior ADU shall be entirely within an existing or proposed single-family dwelling, including an attached garage. (6) Kitchen requirements. A Junior ADU shall include an efficiency kitchen, including a cooking facility with appliances, outlet for a small refrigerator, food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.
(7) Parking. No additional parking is required beyond that already required for the primary dwelling.
(8) Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a Junior ADU shall not be considered a separate or new unit, unless the Junior ADU was constructed in conjunction with a new single-family dwelling.

No separate connection between the Junior ADU and the utility shall be required for units created within a single-family dwelling, unless the Junior ADU is being constructed in connection with a new single-family dwelling. (9) Exterior and interior access. The Junior ADU shall include an exterior entrance separate from the main entrance to the single-family dwelling. If the Junior ADU shares bathroom facilities with the main dwelling, the Junior ADU shall also have interior entry to the main dwelling's living area.
(d) Development standards and requirements. The following development standards shall not apply to a unit built subject to Government Code section 66323 (a), which includes: 1.) all converted ADUs (converted accessory structures are eligible for a 150 square foot expansion for purposes of ingress and egress), 2.) all converted Junior ADUs (JADUs), 3.) maximum 800-square-foot, new-construction, detached 351
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37 ADUs with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary unit), with single-family primary dwellings, and 4.) detached units with multifamily primary dwelling structures with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary units). Otherwise, all other ADUs and Junior ADUs must comply with the following requirements unless the below standards and requirements preclude the development of an 800 square foot ADU with four-foot side and rear setbacks:
(1) Ministerial project. Any application for an ADU or Junior ADU that meets the requirements of this section or as permissible in Government Code Section 66332 shall be approved without a public hearing.
(2) Application by owner. An application for a building permit for an ADU or Junior ADU building permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city-approved application form and subject to the established fee set by city council resolution as it may be amended from time to time.
(3) Separate sale prohibited. Except as otherwise provided by law, ADUs and Junior ADUs may not be sold or otherwise conveyed separate from the primary residence.
(4) Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their equivalent), including water, electric, and sewer services. b. Except as provided in subsection c immediately below, the city may require the installation of a new or separate utility connection between the ADU and the utility. For Junior ADUs, see subsection (c)(8), above. c. No separate connection between the ADU and the utility shall be required for units created within a single-family dwelling, unless the ADU is being constructed in connection with a new single-family dwelling. d. Each ADU and Junior ADU shall have a separate mailing address as assigned by the City.
(5) Recorded covenants. Prior to final inspection and occupancy of JADUs, the owner shall file with the county recorder, in a form approved by the city attorney, a covenant which does all of the following:
a. Prohibit the sale of Junior ADU separate from the single-family residence; and b. Unless subsequently prohibited by an amendment to state law, the JADU shall be considered legal only as long as either the primary residence or the JADU is occupied by the owner of record unless the owner is another governmental agency, land trust, or housing organization; and c. Restrict the JADU to the maximum size allowed by Municipal Code section 13-35, as it may be amended from time to time; and
352
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38 d. Confirm that the restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance.
(6) Passageway. No passageway shall be required in conjunction with the construction of an ADU.
(7) Building permits required. Applications for ADUs and Junior ADUs shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Title 5 (Buildings and Structures). By way of reference only, current requirements generally require all dwellings to have no less than 220 square feet. Fire sprinklers shall not be required for ADUs or JADUs if they are not required for the primary residence; if, however, the ADU is attached to the primary dwelling, and if an addition to the dwelling would require sprinklers for an addition to the primary dwelling in the same location, then sprinklers shall be required The construction of an ADU or JADU alone shall not trigger the requirement for sprinklers in the primary residence.
(8) Setbacks.
a. None. No setbacks are required for either: (1) those portions of ADUs that are created by converting existing living area or existing accessory structures to a new ADU; or (2) constructing new ADUs in the same location, while not exceeding the existing dimensions of an existing structure, including height.

Notwithstanding the foregoing, ADUs shall, at minimum, comply with setbacks that are sufficient for fire and life safety.
b. Other setbacks. For all other ADUs, there shall be a minimum of setbacks of four feet from side and rear property lines and full compliance with all applicable front yard setbacks for the underlying zone (except as required by (Gov. Code, § 66321, subd. (b)(3)). Second floor ADUs shall provide setbacks in conformance with the underlying zone. All mechanical equipment associated with the ADU shall maintain the minimum setbacks. c. Distance between structures. The minimum required distance between a detached ADU and the primary dwelling unit, and all other structures on the property, including garages, shall be six feet unless otherwise established by the California Building Code.
(9) Height. Except as authorized in subsection b, below, in no event may any portion of a new construction ADU exceed 27 feet or two stories. Furthermore, except as authorized in subsection a and b, below, an ADU shall be entirely only on the first floor.
a. Second floor or two-stories. An ADU on a lot which has an existing lawfully constructed dwelling, may be in whole or in part on a second floor, or be a two-story ADU, if all five of the following occur:

1. All portions of the ADU structure on a second floor are at least 25 feet from the front property line; and

2. Each stairwell for the ADU is interior or complies with subsection (10), below; and
353
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39 3. The second floor of any portion of the ADU, if built above a detached garage, does not exceed the footprint of the garage; and

4. No windows are installed on the second floor on side elevations if such windows are within 25 feet of a neighboring dwelling and face the neighboring property unless such windows have a minimum sill height of at least five feet; and

5. The second floor (or the entire two story ADU as applicable) meets the setbacks applicable to additions for the underlying zone. b. Within structure. The ADU is built entirely within either:

1. A proposed or existing lawfully constructed single-family dwelling, except that an external stairwell to the ADU which meets all requirements of this Code, including the requirements of subsection (10), below, may be constructed to allow access to the ADU; or

2. The non-habitable space of an existing multifamily structure or within an accessory structure on a lot with a multifamily structure. (10) Exterior stairways, balconies.
a. Exterior stairways. A new exterior stairway to a second-floor ADU shall not be located on a front facade within 20 feet of a property line abutting a public right of way visible from the public right of way at the front of the property.

Second floor landings using an exterior stairway shall be kept to the minimum size required to comply with applicable codes. Stairways and landings shall incorporate screening materials designed to eliminate views into abutting properties. Stairways and landings, which exceed building code minimum sizes, are prohibited. Stairways and landings shall not be counted toward residential open space requirements.
b. Balconies. New balconies which face the street and are located at the front of the main residential structure are permitted provided that the balcony be set back a minimum of 20 feet from the front property line. On corner properties, balconies may face the side street provided that they maintain the setback for the underlying zone. Balconies within 25 feet of a neighboring residence shall incorporate screening to ensure there are no direct views into the abutting property. New construction balconies that are not facing the front of the property or a side street, are prohibited.
c. Roof decks. No new roof decks are allowed for ADUs.
(11) Architectural standards.
a. Attached and detached ADUs. Attached and detached ADUs shall have the same materials, finishes, and colors as the primary dwelling. b. New construction Junior ADUs. New construction Junior ADUs shall match exterior appearance with the primary unit in terms of materials, finishes, and colors within the same property on which it is proposed to be constructed. (12) Recommended garage conversion design considerations. 354
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40 a. Blank facade. When a garage is converted to an ADU, if the facade of the converted garage is visible from a public right-of-way, the following design considerations are recommended:

1. Be covered with landscaping that covers at least 50% of the wall, or

2. Include openings of at least 10% of the facade with at least one door that complies with section (13) below or one window which matches the material and design of the existing windows on the residence. (13) Driveway removal. If a driveway leading to a garage being converted to an ADU is removed, it must be replaced with landscaping or open space, and the curb cut and driveway apron must be removed and replaced with a curb and gutter and parkway which meets city standards. If a driveway is partially removed, the remaining driveway must provide the minimum parking dimensions per subsection (15) below.
(14) Entry. The entrance to an ADU or Junior ADU shall match the materials and color of the primary residence(s), not be located on the same building elevation as the main entrance of the primary residence(s) and shall be located along the building side, rear, or within the interior of the property, unless the economic and development services director approves an alternative configuration due to unique development circumstances.
(15) Parking.
a. The owner may provide parking that is at least eight and a half (8.5) feet wide and 18 feet long and may be provided as:

1. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk; or

2. Within a setback area or in locations determined feasible by the city.

Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the city.
b. When any parking space or parking structure is converted or demolished in conjunction with the construction of an ADU or converted to an ADU, the off- street parking spaces do not have to be replaced, notwithstanding any other provision of this code to the contrary (e.g., the definition of "driveway" in section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful "driveway" if it leads to a structure that was either converted from a garage into either an ADU or Junior ADU or demolished in conjunction with the construction of an ADU or Junior ADU. In no event shall the demolition of a parking space or parking structure be considered "in conjunction with" the construction of an ADU if the ADU will not be constructed within any portion of the footprint of the demolished garage.
(16) Non-conforming. The city shall not require, as a condition of a permit for an ADU or Junior ADU the correction of nonconforming development standards. 355
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41 (17) Open space and landscaping. ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements of section 13-32 and shall be subject to provide landscaping as required in section 13-106.

Section 13-36 Two-unit Housing Development
(a) For purposes of this section, the following definition shall apply:
(1) "Housing development" shall mean no more than two primary residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit The total number of units, including ADUs and JADUs, shall not exceed four. (b) The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:
(1) The parcel is located within a single-family residential zone. (2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A hazardous waste site that is listed pursuant to section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department
of Public Health, State Water Resources Control Board,
or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an 356
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42 applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii); g. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no- rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).
j. Lands under a conservation easement.
(4) The proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised 357
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43 rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years. (5) Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
(c)
Standards and Requirements. Except where superseded by the following provisions, two-unit housing development pursuant to Government Code Section 65852.21 shall comply with development standards applicable to the R1 Single - F
amily Residential
District including but not limited to Section 13-32 of this code:
(1)
No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (2) Except for those circumstances described in section C1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards.
(3) The applicant shall provide easements for the provision of public services and facilities as required.
(4) All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage.
(5) In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code section 65852.21 shall be limited to one driveway ingress/egress per resultant lot.
(6) Required off-street parking shall be limited to consist of at least one garage space per unit and the location and configuration of such parking shall be in compliance with the provisions of this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one- half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel. (7) For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last 1 O years, which shows
that the system meets acceptable infiltration rates.
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44 (d) The city shall not require or deny an application based on any of the following:
(1) The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards generally applicable to the R -1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code standards and regulations and if there are no other feasible means of complying with state law.
(2) The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance. (e) An applicant shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
(1) That the uses shall be limited to residential uses. (2) That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.
(3) That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-35.
(f) The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) The provisions of this section supersede any contrary provisions contained elsewhere in this code.

359
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45 Section 13-41 Residential common interest development standards and requirements. (a) Applicability. The provisions of this section shall apply to all proposed new residential common interest development projects and the conversion of existing apartments to residential common interest developments. (b) Development standards. Table 13-41(b) identifies the development standards for residential common interest developments. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:
(1) The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations. (2) All structures proposed to be constructed within a project shall conform to the following requirements:
a. Structures having dwelling units attached side by side shall avoid the long-row effect by being composed of no more than six dwelling units. Alternative designs which accomplish the same purpose may be approved by the final review authority. b. Structures having dwelling units attached side by side shall avoid the long-row effect with a break in the facade by having an offset in the front building line of at least four feet for every two dwelling units within such structure. Alternate designs which accomplish the same purpose may be approved by the final review authority. c. Consideration shall be given to the effect of proposed development on the light, air and privacy of adjacent properties. (3) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the association's covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of six-foot high opaque fences and permanently maintained landscaping.
(4) For high-rise residential projects, see the North Costa Mesa Specific Plan for additional development standards. (5) The developer shall install an on-site lighting system in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the development service department. 360
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46 (6) The development shall comply with the provisions of Chapter XI. Subdivisions, which may include, but are not limited to land dedication and improvements, such as drainage improvements and payment of fees.

TABLE 13-41(b)

RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS

STANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and excluding townhouses) OTHER UNITS Individual Dwelling Unit Minimum Lot Area All zones: 3,000 square feet with an overall average of 3,500 square feet. The required common lot shall
not be included in the calculation of lot area. Note:

Lot sizes may be reduced proportionately if other
useable open space is provided within the overall
development.

No minimum requirement.

Common Lot Required All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a homeowners association. This lot shall be used for common driveways, parking areas, and at least 10 feet of street setback landscaped areas.

Maximum Number of Stories & Building Height 2 stories/27 feet, except as allowed in the Planned Development or Town Center zoning districts. Note:

Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.

Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 3rd story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style.

Maximum Density (based on gross acreage) Same as underlying zoning district or as specified in an applicable specific plan.

Minimum Open Space Development Lot 40% of total lot area. Exception: For high-rise residential projects, see the North Costa Mesa Specific Plan.

Individual Dwelling Unit Lot 40% overall, with a minimum 400 square-foot area with no dimension less than 15 feet.

Not applicable.

Private Open Space Same as individual dwelling unit lot above. An adjoining patio required with no dimension less than 10 feet. Exception: Not applicable to high-rise
residential projects in the North Costa Mesa Specific
Plan.

Common Open Space Common open space areas shall be designed and located within the development to allow maximum use by all residents. Enclosed buildings used for recreation or leisure facilities should not be used to satisfy more than 15 percent of required open space.

Distance Between Buildings 10-foot minimum between main buildings 6-foot minimum between main buildings and accessory structures
Driveway Width 10-foot minimum, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit.

Driveway Length Straight-in driveways to garages shall have a minimum length of 19-feet from the ultimate property line.

Storage Not applicable. Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is 361
ATTACHMENT 4
47 TABLE 13-41(b)

RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS

STANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and excluding townhouses) OTHER UNITS provided within the garage or carport it shall be
located at the front of the parking area so as not to
obstruct the required clear dimensions of the covered
parking space (per the City of Costa Mesa Parking
Design Standards) at any point less than 4 feet above
the finished surface level of the parking stall.

Exception: Not applicable to high-rise residential
projects in the North Costa Mesa Specific Plan.

Mechanical equipment, excluding antennas and flush-
mounted solar panels on roofs
Roof-top location is prohibited. Screening required from public rights-of-way and adjacent properties.

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setb acks from streets to development lots are measured from the ultimate property line shown on the Master Plan of Highways.) Front Development Lot 20 feet 20 feet
Individual Dwelling Unit Lot None Not applicable
Side (interior) Development Lot 5 feet
Side (street side, if applicable) Development Lot 10 feet Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the property line.

Rear (not abutting a publicly dedicated alley)
Development Lot
20 feet for 2 story structures in R2-MD and R2-HD zones; 15 feet for 2 story structures in the R-3 zone. 10 feet for 1 story structures (15-foot maximum height) provided that maximum rear yard coverage is not exceeded. Exception: Rear yard coverage does not apply to the R-3 zone.

Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots.

Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures.

Rear Yard Coverage (maximum) in the R2-MD and R2-
HD zones
Main Buildings: 25% of rear yard area.*
Accessory Buildings: 50% of rear yard area.*
* Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet.

Rear Abutting a Publicly Dedicated Alley 5 feet; however, garages may be required to set back further to ensure adequate back up distance. Rear Yard Coverage does not apply.

Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots where accessory structures shall maintain setbacks for main structures.

Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP 362
ATTACHMENT 4
48 TABLE 13-41(b)

RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS

STANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and excluding townhouses) OTHER UNITS DEVELOPMENT).

PROJECTIONS (maximum depth of projections given)
Roof or Eaves Overhang; Awning 2 feet 6 inches into required side setback or building separation area. 5 feet into required front or rear setback.

Open, unenclosed stairways 2 feet 6 inches into required setback or building separation area.

Chimneys 2 feet above maximum building height.

Fireplaces 2 feet into required setback or building separation area.

PARKING (See CHAPTER VI)
2-car garage required Yes Not required.

Automatic roll-up garage door with remote controlled
door opener required
Yes Yes, if garages are provided.

Location of Covered Parking Required covered tenant parking shall be located within a reasonable distance of the unit it serves.

Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited.

LANDSCAPING
A detailed landscape plan prepared pursuant to
CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits.

Landscape parkways with a combined width of 10 feet, but not less than 3 feet on one side, shall be provided along the sides of interior private streets and/or common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of 5 feet in width.

SIGNS (See CHAPTER VIII)

POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5 -foot side and 10-foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requ irements.

RAISED DECKS
Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.

FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's wa lls, fences, and landscaping standards.

See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information. (c) Documents required.
(1) A project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and common facilities pursuant to state law (Civil Code 1350-1359). No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to 363
ATTACHMENT 4
49 suitability for the proposed use of the open areas.
(2) The developer shall file a declaration of covenants to be submitted with the application for approval, which will govern the association. The provisions shall include, but not be limited to, the following:
a. The homeowners' association shall be established prior to the sale of any unit(s). b. Membership shall be mandatory for each owner and any successive owner. c. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept available for tenant parking shall be written into the covenants, conditions and restrictions for each project. d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development. e. The declaration of covenants shall contain language or provisions substantially as follows:
i. The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined.
ii. In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the city may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law. (Ord. No. 07-17, § 1e., 10-2-07)
364
ATTACHMENT 4
50 Section 13-42.3 Development standards and requirements. (a) Applicability. The provisions of this section shall apply to all new residential small lot subdivisions of 15 lots or less in multi-family zones and not in combination with other development standards in the overlays zones. (b) Development standards. Table 13-42 identifies the development standards for small lot subdivision developments. See also Article 9 general site improvement standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:
(1) The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations.

Pre-existing development should guide the building setbacks and new development should preserve the existing character of the neighborhood.
(2) The site design must consider both the design elements of each unit and how these designs will enhance the overall neighborhood character and vitality of the street and sidewalk. Building setbacks and site planning must relate to surrounding built form, respecting the overall neighborhood character and existing topography. Additionally, each unit must exhibit a high level of design quality with well-articulated entries and façades, proportionate windows, quality building materials and contextual landscaping.
(3) All structures proposed to be constructed within a project shall conform to the following requirements:
a. Each unit shall be provided with direct pedestrian and vehicular access to a public street, or an alley or a common drive connecting to a public street/alley.
b. Structure shall be constructed to minimize impact of the proposed development on the light, air and privacy of adjacent properties.
(4) On-site lighting shall be provided in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the development services department.
(5) The development shall comply with the provisions of Chapter XI, subdivisions, which may include, but are not limited to, land dedication and improvements, such as drainage improvements and payment of fees. 365
ATTACHMENT 4
51 (6) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of six-foot high opaque fences and permanently maintained landscaping.

Table 13-42

SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Maximum Number of Stories & Building
Height
2 stories/27 feet, except as allowed in the Westside Overlay Districts.

Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.

Attics Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 3rd story on any building elevation.

Windows in any attic space above the second story shall be incidental and limited to a dormer style.

Maximum Density (based on gross
acreage)
Same as underlying zoning district or as specified in an applicable specific plan.

Minimum Open Space (development lot) 35% of total lot area. No asphalt shall be permitted for paved areas. Parking and driveways shall consist of decorative concrete, pavers or other materials as deemed appropriate by the Development Services Director. This requirement may be decreased to a minimum of up to 30%, if the difference in the area is provided as additional open guest parking, located in a common area, and not exclusive for any specific unit.

Minimum Open Space (individual unit) 200 square feet with no dimension less than 10 feet.

Development Lot Separately owned private property interests or any portion thereof, necessary or desirable for common use, are subject to recordation of an easement for reciprocal access and maintenance. All areas of a development with 5 or more parcels, subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. The association may be referred to as a maintenance association.

Parking • Three-bedroom or more units (including a den or home office) – 2 garage spaces and 2 open parking spaces. • Two-bedroom or less units (including a den) – 2 garage spaces and one open parking. • No tandem parking is permitted for open or guest parking spaces.

For developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in front of garages for exclusive use of that unit, one additional on-site guest parking shall be provided. Two additional open guest-parking shall be provided for developments with more than 10 units. • For all small lot developments subject to the provisions of this article, all open parking not located within an individual driveway shall be unassigned and nonexclusive.

Distance Between Buildings 6 feet minimum
Driveway Width (development lot) 10-foot minimum, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit. Driveway width shall be a maximum of 26 feet for lots less than 50 feet wide and a maximum of 50% for lots greater than 50 feet wide.

Driveway Length Straight-in driveways to garages shall have a minimum length of 19 feet from the ultimate public or private right -of-way.

No driveways shall be more than 5 feet in length if parking is not provided in front of garage. 366
ATTACHMENT 4
52 Table 13-42

SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Driveways accessing rear parcels shall be in compliance with the requirements of the Parking Design Standards, minimum separation between driveways and maximum 50% hardscape requirement.

Mechanical Equipment (excluding
antennas and flush-mounted solar panels
on roofs)
Roof-top location is prohibited unless completely screened from public rights-of-way and adjacent properties.

Front Development Lot 20 feet
Side yard (interior) 5 feet.

Rear yard (interior) 15 feet
Side (street side, if applicable) 10 feet
Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the ultimate public or private right-of-way.

Rear Abutting a Publicly Dedicated Alley 5 feet; however, garages may be required to be set back further to ensure adequate back up distance. Rear Yard Coverage does not apply.

Flag Lots and Alley Fronting Lots Flag lots are required to be accessed with a minimum 16-foot wide driveway. Parcels with alley frontage should include a minimum 8-foot wide pedestrian access to the public street in the front. Parcels with frontage only on public alleys are prohibited.

Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see section 13-34 Bluff-top development).

Roof or Eaves Overhang; Awning 2 feet 6 inches into required side setback or building separation area. 5 feet into required front or rear setback.

Open, Unenclosed Stairways Not permitted
Chimneys May extend 2 feet above maximum building height.

Fireplaces 2 feet into required setback of building separation area Automatic Roll-Up Garage Doors Required
Location of Open Parking Guest parking shall be located within a reasonable distance of the unit it serves. Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited.

Trash Storage All units shall be provided with a small alcove inside or outside the unit to allow storage of at least three trash carts without encroaching into the garage space.

All efforts shall be made to provide on-site trash service. Trash carts shall be stored on-site for trash pick up to the greatest extent possible.

Above-Ground Pools and Spas Prohibited in front yards and subject to 5-foot side and rear setback from the main structures.

Raised Decks Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements for the underlying zone.

LANDSCAPING
A detailed landscape plan prepared pursuant to Chapter VII Landscaping Standards shall be approved by the Planning Division p rior to issuance of any building permits.

SIGNS (See Chapter VIII).

FENCES AND WALLS
367
ATTACHMENT 4
53 Table 13-42

SMALL LOT SUBDIVISION STANDARDS
STANDARDS SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses) Fences and walls placed between the property line and required setback line for main buildings shall conform to the city's wa lls, fences, and landscaping standards.

See Article 9 General Site Improvement Standards of this chapter for further information.

PREEXISTING DEVELOPMENT
Small lot subdivisions and structures constructed, permitted or approved under the small lot ordinance prior to October 18, 2 018 shall be considered conforming with regard to the above provisions.
(c) Documents required.
(1) Project approval is subject to submission of complete organizational documents setting forth a plan or manner of permanent care and maintenance of any open spaces, recreational areas and commonly used areas/facilities. No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to suitability for the proposed use of the open areas.
(2) Prior to entering into a sales agreement for any property within a small lot subdivision, the developer shall disclose general information regarding the property to the future homebuyers, including, but not limited to, the following:
a. The type, thickness, and R-value of the insulation that has been installed in the home. b. Any exposed hazards during and after construction (lead-based paint, asbestos, etc.). c. Uses other than residential in proximity to the project. d. Unusual adjacent zoning.
e. Distance to airport if within two miles.
f. Where soils, filled ground and geologic information is available. g. Any special costs that will be incurred by the lot buyer as a result of the installation of a building foundation or any other construction due to unusual soil/geological conditions. h. If there is fill in excess of two feet.
i. Schools servicing subdivision and any special conditions. 368
ATTACHMENT 4
54 j. Any unusual flooding conditions.
k. Conditions of approval by the city and any resale restrictions. l. Dedications and easements.
m. Project phasing plan.
n. CC&Rs.
(3) All small lot subdivisions shall file a declaration of covenants to be submitted with the application for approval. The declaration of covenants shall include, but not be limited to, the following provisions. a. The homeowners' association or a maintenance association (as applicable) shall be established prior to the sale of any unit(s).
b. Membership in the homeowners or maintenance association shall be mandatory for each owner and any successive owner. c. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept available for resident parking shall be written into the covenants, conditions and restrictions for each project. d. If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development.
e. The declaration of covenants shall contain language or provisions substantially as follows:
i. "The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined." ii. "In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the city may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law."
(Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 15-03, § 2, 4-21-15; Ord. No. 18-10, § 2, 9-18-18; Ord. No. 21-20, § 1, 12-7-21) 369
ATTACHMENT 4
55 370
ATTACHMENT 4
56 Section 13-74 Elevation and screening requirements.
(a) The finished elevations of all buildings, structures, walls and fences shall be approved by the planning division prior to issuance of building permits. (b) All trash containers and mechanical equipment, such as air conditioning compressors, duct work, and vents shall be screened from public rights-of-way and adjacent properties.
(c) Temporary receptacles, as approved by the public services department for the purposes of public participation in the collection of recyclable products, shall not be considered a trash bin, container or receptacle subject to the requirements of this section. For the purposes of this section, temporary shall mean a period, or periods, of time not exceeding 90 days during any twelve-month period. (d) Pipes and conduits including, but not limited to, plumbing pipes, vents, ducting, fire sprinkler systems and electrical conduits shall not be mounted on exterior walls and roofs.
(1) For existing pipes and conduits, painting to match the surrounding façade shall satisfy this requirement.
(2) If the wall, roof or other element(s) on which the pipe or conduit is located is structurally modified or demolished, the element(s) shall be relocated to conform with the standard outlined in CMMC 13-74(e).
(e) In residential zones, or in any zone adjacent to a residential development, ground mounted mechanical or electrical equipment proposed within eight feet of a neighboring property's windows or doors must comply with one of the mitigation methods listed below (1-3):
(1) A minimum six foot-high block wall separates the equipment from the abutting property’s window(s) and/or door(s) with a minimum separation of four feet between equipment and neighboring window(s) and/or door(s). (2) The equipment does not generate more than 50 decibels (based on manufacturer specifications) and is not greater than the minimum distance required by the building code is setback at least five feet from between the equipment and neighboring window(s) and/or door(s).
(3) The equipment maintains the same setbacks and separations required for main structures.

Section 13-75 Fences and walls.
(a) In residential zones, including planned development, except R-1:
(1) All interior property lines of the master development lot shall have six-foot high solid opaque walls or fences that conform to the city's walls, fences and landscaping standards.
(2) All exterior property lines of the master development lot shall have solid masonry 371
ATTACHMENT 4
57 walls that conform to the city's walls, fences and landscaping standards in respect to height and location as well as the following standards. The final review authority shall approve the wall location, height, masonry materials, and finish. (i) Only one type of wall design with the appropriate mix of masonry materials and finishes shall be permitted for the development lot. (ii) Wall materials such as uncolored cinder block shall be treated with a decorative finish that complements and enhances the project and surrounding neighborhood.
(iii) Exceptions to the requirements stated in subsections (2)(i) through (2)(ii) may be approved by the final review authority. These exceptions may include, but are not limited to, combination masonry walls with vinyl fencing, stained/treated wood, wrought iron fencing, green wall, and green sustainable composite materials.
(iv) The development services director shall review and approve any future additions to the exterior walls, after project completion, which shall be constructed of materials which are either identical and/or compatible with the original wall.
(b) In all residential zones, fences, walls and landscaping shall comply with the standards outlined in Figure 13-75(1).

Figure 13-75(1)
(c) On corner lots, wall and fences in excess of three and a half feet in height shall be set back five feet from the street side property line.
(d) (b) In commercial zones, including planned development: All interior property lines abutting residentially zoned property shall have solid masonry walls, at least 6 feet 372
ATTACHMENT 4
58 but no more than eight feet in height, unless an environmental study requires additional height.
(e) (c) In industrial zones, including planned development: A solid masonry wall, at least six feet in height shall be constructed along all property lines which abut a residential or commercial zone. The maximum wall height shall not exceed eight feet, unless an environmental study requires additional height.
(f) D
ecorative details and lights such as finials, light fixtures, pilaster caps, pot s and similar decorative items may extend no more than twelve inches above the maximum height limit. Decorative items shall be limited to no more than one item for every six lineal feet of fence or wall. Decorative details are prohibited within visibility triangles.
(g) In nonresidential zones, walls and fences within a landscape setback shall be a maximum of 40% solid. This shall be measured as illustrated in Figure 13-75(2).

Figure 13-75(2)
(h) (d) If a fence or wall is constructed adjacent to a public street, the fence or wall shall be approved by the planning division in terms of its compatibility and harmony with the proposed building and site development and buildings and site developments existing or approved for the general neighborhood. For arterial streets that are adjacent to residential developments, new arterial walls shall comply with the city's streetscape and median development standards. No fence or wall located in any street setback shall obscure the required street setback landscaping in the commercial and industrial zones.
(i) F
ences and walls placed on interior property lines or between the property line and the required setback line for main buildings shall conform to the city's walls, fences and landscaping standards.
(i) (f) Fences and walls located within a visibility triangle in proximity to street intersections or where a driveway intersects a sidewalk shall conform to the city's walls, fences and landscaping standards be limited to two and a half feet in height, as illustrated in Figure 13-75(3) conform to the city's walls, fences and landscaping standards.
373
ATTACHMENT 4
59 Figure 13-75(3)
(j) The standards referred to in subsections (e) and (f) shall be adopted by resolution of the city council.
(j) In all zones, retaining walls shall comply with the standards outlined in figure 13- 75(4).

Figure 13-75(4)
(k) Wall heights shall be measured from the highest finished grade at the base of the wall.
(l) (h) It is unlawful to construct, install, maintain or allow to exist any barbed wire, razor 374
ATTACHMENT 4
60 wire, concertina ribbon or similar item in any required setback abutting a public right- of-way, a required setback adjacent to a residential development or on a property with residential development. In all other locations, barbed wire, razor wire, concertina ribbon and similar items shall maintain a minimum vertical clearance of six feet eight inches from grade.
(m) (i ) It is unlawful to install, maintain or allow to exist any electrified fence or any glass, nails or similar items embedded in walls or fences at any location. (n) (j ) Chain link fences. In all nonresidential zones, chain link fencing is prohibited in any required setback abutting a public right-of-way. In all residential zones, including planned developments, chain link fencing is prohibited in any area visible from a public street or alley.

Chain link fence removal. A property owner of any residential or planned development property that has an existing chain link fence visible from a public street or alley, shall remove the chain link fence at such time the property owner obtains a building permit, or cumulative building permits over a consecutive twelve- month period, for property improvements valued at $30,000 or more. The chain link fence shall be completely removed prior to the finalization of the last building permit(s) that exceeds the thirty thousand dollar ($30,000.00) valuation. (o) (k) Security gates, in all zones, are subject to review and approval by the planning division in conjunction with the fire department and transportation division. 375
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61 Section 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
USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Retail; offices; central administrative offices; individual counseling; group counseling; 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 376
ATTACHMENT 4
62 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 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
377
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63 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 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
Notes:
1 Establishments limited to seating for 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 requir ed 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 no t to exceed 30 spaces per 1,000 square feet of floor area of the entire building. Factors that may warrant additional parking inclu de, 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 a pplicable 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 30 spaces per 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 a pplicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses. 5 The square footage of electrical and mechanical equipment and the surrounding three feet for clearance shall be excluded from the calculation of gross floor area for the purpose of determining parking requirements 378
ATTACHMENT 4
64 (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) 379
ATTACHMENT 4
65 Section 13-111 Definitions.

As used in this chapter, the following terms shall have the meanings set forth below:

Advertising statuary. An imitation, representation or similitude of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used for commercial purposes.

Area (of sign). The area included within the outer dimensions of a sign. The area of multiple face signs and advertising statuary shall mean one-half the total surface area.

In the case of "skeleton letters" or other signs placed on a wall without any border, the area shall be the sum of the areas of each letter or figure. The area of each letter or figure shall be computed by enclosing the letter or figure within sets of parallel lines.

Balloon sign. Any inflatable object having no dimension that exceeds 24 inches, including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the shape of any object, and regardless of whether or not it contains copy.

Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes on private property and not within the public right-of-way. Flags of a nation or of the State of California, displayed as such in an appropriate manner, are excepted from these regulations. See also street banner.

Billboard. A sign that advertises a business, product, service or activity which is not available at or is not conducted on the premises on which the sign is located.

Changeable copy sign. A sign whose copy consists of nonelectronic detachable lettering or numbers that must be manually installed, usually on a series of parallel tracks, including, but not limited to, service station price signs and theater marquees.

Commercial portable sign. Any sign which can be moved from place to place which is not permanently affixed to the ground or to a building used for commercial purposes.

The term portable sign includes, but is not limited to, any sign affixed to an automobile, truck, trailer, or other vehicle where such sign solicits patronage to a specific business by means of parking such a vehicle primarily for the purpose of advertising such business. The term portable sign shall also include a sign posted in or on a vehicle parked on public or private property without written consent of the property owner, advertising that vehicle for sale.

Construction site sign. A sign located on a construction site used to identify the name of the future site occupant and which may include the names, addresses, and telephone numbers of businesses directly related to the construction project, including but not limited to the architect, engineer, contractor and financing entity.

Contiguous window area. Total surface area of a window or individual window panes separated only by vertical or horizontal mullions that are three inches wide or less.

Window areas separated by columns, wide mullions or other elements greater than three inches in width are not considered contiguous. Window area is not considered contiguous if it is located on a separate façade.
380
ATTACHMENT 4
66 Figure 13-111(a)
Convenience sign. A sign, not larger than nine square feet, providing directional information and designed to be viewed on site or adjacent to the site by pedestrians and/or motorists. The term convenience sign shall also include electronic time/temperature signs.

Electronic changeable copy sign. A sign that uses video displays, lamps, fiber optics, light-emitting diodes (LED's) liquid crystal displays, plasma displays, or any other mechanical or light emitting medium to convey messages, movement, or animation imagery during or between messages.

For sale sign. A real estate sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent.

Freestanding sign. A sign supported permanently upon the ground by poles, braces or other supports, and not attached to any building.

Governmental sign. A sign installed by the city or other public agency pursuant to city approval, including, but not limited to, signs for motorist or pedestrian safety.

Height (of sign). The vertical distance from grade to the highest point of the sign or sign structure.

Illegal sign. Any sign installed or modified in violation of the Costa Mesa Municipal Code at the time the sign was installed or modified.

Illumination exterior. Illumination cast on a sign from an exterior source, such as a floodlight.

Illumination interior. Illumination generated from the interior of a sign.

Illumination interior with opaque background. Interior illumination of a sign where the 381
ATTACHMENT 4
67 background of the sign face is opaque and only the copy is illuminated.

Inflatable sign. Any inflatable object having any dimension in excess of 24 inches, including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the shape of any object, and regardless of whether or not it contains copy.

Mural or super graphic. A large image, picture, or design painted on or affixed to the exterior of a building or structure. A mural or super graphic is a sign only if it is related by language and/or logo to the advertisement of any product or service or the identification of any business.

Neighborhood identification sign. A sign identifying the entrance to a residential area consisting of five or more acres.

Non-commercial banner, flags, or pennants. Any cloth, bunting, plastic, paper, or similar material which is not used for advertising purposes on private property and not within the public right-of-way. Examples of non-commercial banners generally include, but are not limited to, signs that espouse a political or religious viewpoint, and signs commenting on public official(s) or matter(s) of public discourse.

Non-commercial portable sign. Any sign which can be moved from place to place which is not permanently affixed to the ground or to a building which is not used for commercial purposes. Examples of noncommercial signs generally include, but are not limited to, signs that espouse a political or religious viewpoint, and signs commenting on public official(s) or matter(s) of public discourse.

Nonconforming sign. A sign which was legally installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this chapter.

Open house sign. A real estate sign with the words "Open House" as the primary copy for the premises on which the sign is located.

Painted wall sign. Any sign painted directly on the exterior surface of a building or structure, except awnings or canopies. (See "mural or super graphic").

Permanent window sign. A sign that is placed on or behind a window for a period of time in excess of 60 days. Paper or cardboard signs, or signs painted directly onto the surface of a window are not considered permanent window signs regardless of the duration of display.

Public baseball/softball field. Any baseball and/or softball field owned, rented, or leased by the city or used by the city under a joint use agreement.

Public property. Any building, park, grounds, structures, or other real property (collectively referred to as "property" for the purpose of this definition) owned, rented, or leased by the city not within the public right-of-way or any such property used by the city under a joint use agreement. For the purposes of this definition, public property does not include public baseball and softball fields.

Public right-of-way. Any public sidewalk, street, alley or highway improved to allow vehicular and pedestrian access and adjacent city landscape areas including trees 382
ATTACHMENT 4
68 therein, traffic control devices, street name signs, fire hydrants and other structures, under the ownership and jurisdiction of the city or the state.

Real estate sign. A temporary sign placed for the purposes of advertising the premises on which the sign is located as either for sale, lease or rent, and includes for sale sign and open house sign.

Sign. Any medium for visual communication, including its copy, structure and component parts, which is used or intended to be used to attract attention to, or identify, or advertise a business, product, service, activity, or location or to provide information. "Sign" includes statuary and graphic wall designs used for advertising purposes. "Sign" includes billboards, but does not include handbills.

Site. One or more parcels of land identified by the assessor's records and for which an integrated building development exists or has been proposed.

Street. A public or private alley, street or highway improved to allow vehicular access.

Street banner. Any cloth, bunting, plastic, paper, or similar material used for advertising purposes on a light standard within the public right-of-way.

Temporary window sign. A non-illuminated sign placed on or behind a window for a period of time not in excess of 60 days for the purpose of advertising special sales, prices, products or services, including paper or cardboard signs, or signs painted directly onto the surface of a window.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-10, § 1, 7-19-99; Ord. No. 02-8, § 1a, 4-15-02; Ord. No. 04-11, §§ 1, 2, 10-18-04; Ord. No. 11-11, § 1, 9-20-11; Ord. No. 16-04, § 2, 8- 2-16; Ord. No. 18-02, § 2, 1-16-18)
383
ATTACHMENT 4
69 Section 13-142 Development standards.

Table 13-142 identifies the development standards for antennas. Proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit pursuant to section 13-144, Minor conditional use permit requirements.

TABLE 13-142

ANTENNA DEVELOPMENT STANDARDS

STANDARDS SATELLITE DISH AMATEUR RADIO COMMUNICATION
Maximum Height (measured from the property's grade to the highest point of the antenna) Residential Zone or
Nonresidential Zone Adjacent
to a Residential Zone:
15 feet 75 feet 30 feet
Other Nonresidential Zone: Not to exceed allowable building height Same as above Same as above Front Yard Location Permitted No
Side and Rear Setbacks (setbacks apply to antenna support structure and to arrays and projections attached thereto, unless otherwise noted) Residential Zone: Side: Comply with setbacks for accessory structures, with a minimum setback of 5 feet.

Rear: Ground-mounted antenna support structures may be located in a required rear yard if located as far forward as possible from the rear property line. Minimum of 5 feet for arrays and projections attached to the antenna support structure.

Nonresidential Zone: Side and Rear: Comply with setbacks for main structures, with a minimum setback of 5 feet.

Exception: Side and/or Rear, when adjacent to a Residential Zone: Minimum of 5 feet from the residential property line.

Additionally, the antenna support structure shall be located as far as possible from the residential property line.

Roof-mounted Location Shall be located on the portion of the roof farthest from any adjacent street, residential zone (if applicable), bluff, and/o r park, whichever location will result in the least visual impact.

Maximum Number
Residential Zone or
Nonresidential Zone adjacent
to a Residential Zone:

One Exception: Legally subdivided
residential units in small lot subdivision
projects, and units in Planned Unit
Development projects with individual lots,
shall each be allowed one satellite dish
antenna unless otherwise prohibited.

One antenna support structure in
excess of 30 feet.

One whip antenna in excess of 30
feet.

Note: There is no limit on the number
of antennas which do not exceed 30
feet in height.

One antenna support structure
Other Nonresidential Zone: No regulation No regulation No regulation Maximum Diameter
Residential Zone or
Nonresidential Zone adjacent
to a Residential Zone:
10 feet Any dish-shaped element attached to an antenna: 2 feet Exception: Any dish-shaped element in excess of 2 feet in diameter that is attached to an antenna shall require approval of a minor conditional use permit and comply with the satellite dish antenna development standards regarding maximum height (applicable to dish element only) diameter, screening and materials, as applicable.

Other Nonresidential Zone: No regulation Dish-shaped elements in excess of 2 feet in diameter shall comply with the satellite dish antenna development standards regarding maximum height (applicable to dish element only) and materials.

Screening Required Screening, either partial or total, may be Ground-mounted: No regulation. Ground-mounted:
384
ATTACHMENT 4
70 TABLE 13-142

ANTENNA DEVELOPMENT STANDARDS

STANDARDS SATELLITE DISH AMATEUR RADIO COMMUNICATION
Residential Zone or
Nonresidential Zone adjacent
to a Residential Zone:
required by the planning division when the
antenna is visible from off-site.

The screening may consist of a solid,
opaque fence, wall, vegetation, landscaping
and/or any other material deemed
acceptable by the planning division.

Roof-mounted: Antennas less than
30 feet in height: No regulation.

Antennas 30 feet or more in height:

Screening may be required in
Nonresidential Zones if necessary to
lessen visual impacts on the adjacent
Residential Zone(s), under the
direction of the planning division.

Screening either partial or total, may shall be
required by the planning division when the
antenna and support structures/equipment is
visible from off site.

Roof-mounted: Screening may be required if
necessary to lessen visual impacts, under the
direction of the planning division.

Other Nonresidential Zone: No regulation Same as above Color All antennas visible from off-site shall be finished in a color deemed unobtrusive to the neighborhood in which it is located, under the direction of the planning division.

Signs No sign of any kind shall be posted or displayed on any antenna.

Radiofrequency (RF) Radiation No transmitting antenna or facility, except as categorically excluded by the Federal Communication Commission, shall exceed the radiofrequency (RF) radiation and maximum permissible exposure (MPE) limits for electrical and magnetic field strength an d power density established by the National Council on Radiation Protection and Measurements (NCRP) and the 1992 ANSI/IEEE for an "uncontrolled environment." It shall be the responsibility of the applicant to provide evidence of compliance with app licable standards.

Wiring All electrical and antenna wiring shall be encased in tubing or other devices acceptable to the planning division and/or conc ealed to the maximum extent feasible to minimize visual impact.

Materials When the antenna exceeds 6 feet in height above grade, the dish-shaped element shall be of a mesh construction.

Not applicable.

Other Requirements Ground-mounted antennas shall not reduce the area required for parking, internal circulation or other development standards in this Zoning Code.

All antennas shall be permanently mounted, and no antenna may be installed on a portable or movable structure. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 23, 3-2-98; Ord. No. 21-20, § 1, 12-7-21) 385
ATTACHMENT 4

Section 13-265.5 Parcel Maps for Urban Lot Splits.
(a) Definitions. For purposes of this section, the following definition shall apply:
(1) "Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.
(b) The city shall ministerially approve a parcel map for a lot split that meets the following applicable requirements:
(1) The parcel is located within a single-family residential zone. (2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel. (4) Both newly created parcels are no smaller than 1,200 square feet. (5) The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
f. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted 386
ATTACHMENT 4

by the California Building Standards Commission under the California Building Standards Law and by the city's building department. g. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii); h. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).
k. Lands under a conservation easement.
(6) The proposed lot split would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that 387
ATTACHMENT 4

restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years. (7) The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units. (c) Standards and Requirements. Except where superseded by the following provisions or state law, Parcel Maps for Urban Lot Splits pursuant to Government Code Section 66411.7 shall comply with the development standards applicable to the R1 Single-Family Residential District including but not limited to Section 13-32 of this code:
(1) The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Title 13 of this code, except as the same are modified by this section.
(2) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) Except for those circumstances described in section C2 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards. (4) The applicant shall provide easements for the provision of public services and facilities as required.
(5) Units constructed on sites created pursuant to Government Code Section 66411.7 shall adhere to the following:
a. All new development shall be constructed, in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District.
b. Each unit which is attached to an existing or proposed dwelling shall have the same design, materials, finishes, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District.
c. Any proposed detached units on the same lot shall be compatible in exterior appearance with an existing unit in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code standards and design guidelines 388
ATTACHMENT 4

applicable to the R1 Single-Family Residential District. (6) All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot frontage if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage. (7) In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code section 66411.7 shall be limited to one driveway ingress/egress per resultant lot. (8) Required off-street parking shall be limited to consist of at least one garage parking space per unit and the location and configuration of such parking shall be in compliance with the standards set forth in this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel. (d) The city shall not deny an application based on any of the following:
(1) The city shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.
(2) The city shall not impose any objective zoning, subdivision, or design standards that would have the effect of physically precluding the creation of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards generally applicable to the R-1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code standards and regulations and if there are no other feasible means of complying with state law.
(3) The city shall not require the correction of nonconforming zoning provisions as a condition for the lot split.
(4) The city shall not deny an application solely because it proposes an adjacent or connected structure provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the 389
ATTACHMENT 4

following:
(1) That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
(2) That the uses shall be limited to residential uses. (3) That any rental of any unit created by the lot split shall be for a minimum of thirty-one days.
(4) That the maximum number of units to be allowed on the parcels is two four, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-36.
(f) The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) This section shall not apply to:
(1) Any parcel which has been established pursuant to a lot split in accordance with this section; or
(2) Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot.

However, acting in concert is not limited to this situation. (h) The provisions of this section supersede any contrary provisions contained elsewhere in this code.
390
RESOLUTION NO. 85- 56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COSTA MESA, CALIFORNIA, ADOPTING SHARED PARKING
REQUIREMENTS FOR THE CITY OF COSTA MESA.

MEREAS, the planning Commission and City Council have reviewed a report prepared by Staff concerning shared parking; and MiEREAS, studies conducted by the Urban Land Institute and others indicate how peak parking demand for different uses varies by hour, day and month; and
MiEREAS, these study results can be used to predict combined peak parking demand for mixed use projects;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that the " City of Costa Mesa Procedure for Determining Shared Parking Requirements" as set forth in Exhibit A, attached, is hereby adopted for the City of Costa Mesa and will beccn e effective on the effective date of Ordinance 85- 20.

PASSEDAND ADOPTEDthis 17th day of June, 1985.

E'
NI
Z« «. mac.

ATTEST:
54 4 . X - J
ty Clerk of the City of Costa sa

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex - officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 85- 56 was duly and regularly passed and adopted by said City Council at a regular meeting thereof, held on the 17th day of June, 1985.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of June, 1985.

Ci y Clerk and ex - officio Clerk of
City Council of the City of Costa sa
ATTACHMENT 5
1 391

EXHIBIT A

CITY OF COSTA MESA PROCEDURE FOR

DETERMINING SHARED PARKING REQUIREMENTS

1. Determine peak parking requirements for each use in the development according to standards in the Costa Mesa Municipal Code.

2. Using the following table, determine the hourly and daily parking re- quirement for each use:

Banks Theaters
and Retail Restaurant and Residential
Office Cinemas
Meek Wlek l9rek W= ek Vkek Meek leek Itek Meek Meek
days ends days ends days ends days ends days ends
6: 00 am 3% - - - - - - - 100% 100
7: 00 an 20 3% 8% 3% 2% 2% - - 87 95
8: 00 an 63 10 17 10 5 3 - - 79 88
9: 00 an 93 13 40 30 10 6 - - 73 81
10: 00 an 100 13 65 45 20 8 - - 68 74
11: 00 an 100 17 83 73 30 10 - - 59 71
Noon 90 17 92 85 50 30 23% 30% 60 71
1: 00 pn 90 13 95 95 70 45 53 70 59 70
2: 00 pn 97 10 92 100 60 45 53 70 60 71
3: 00 pn 93 7 90 100 60 45 53 70 61 73
4: 00 pn 77 7 83 90 50 45 53 70 66 75
5: 00 pn 47 3 75 75 70 60 53 70 77 81
6: 00 pm 23 3 78 65 90 90 61 80 85 85
7: 00 pm 7 3 85 60 100 95 68 90 94 87
8: 00 pn 7 3 83 55 100 100 76 100 96 92
9: 00 pn 3 - 58 40 100 100 76 100 98 95
10: 00 pn 3 - 30 38 90 95 76 100 99 96
11: 00 pn - - 12 13 70 85 61 80 100 98
Midnight - - - - 50 70 53 70 100 100

3. Determine the total demand for the development by hour and day by totaling the appropriate figures for each use.

4. The parking requirement for the development shall be equal to the highest total found under 3 above.
0- 4- 6
HOtEL
lest Iostaurant/ Conference/
Hams Lounge Convention
Wek Hoek peek Meek
days ends days ends
100% 90% 20% 20%
85 70 20 20
65 60 20 20 50%
55 50 20 20 100
45 40 20 20 100
35 35 30 30 100
30 30 so 30 100
30 30 70 45 100
35 35 60 45 100
35 40 55 45 100
45 50 50 45 100
60 60 70 60 100
70 70 90 90 100
75 80 100 95 100
90 90 100 100 100
95 95 100 100 100
100 100 90 95 50
100 100 70 85
100 100 50 70

3. Determine the total demand for the developmentby hour and day by totaling the appropriate figures for each use.

4. The parking requirementfor the developmentshall be equal to the highest total found under 3 above.
0- 4- 6
2 392
RESIDENTIAL ZONES:
• Height of walls, fences, and landscaping shall conform with the Visibility Triangle to allow for visibility at intersections and driveways.
• Corner / street cutoffs may be increased or decreased by staff due to street design / configuration. • Any walls or fences exceeding the maximum specificied height limits require discretionary review. • Check with the Building & Safety Division for any additional requirements. • EXCEPTION for R2-MD, R2-HD, R-3 Zones: On corner lots, wall and fences in excess of 36 inches in height shall be set back 5 feet from the street side property line.

COMMERCIAL / INDUSTRIAL ZONES:
• No fence or wall shall obscure the setback landscaping required adjacent to a public right-of-way unless approved by a specific entitlement.

ALL ZONES:
• Fence or walls constructed adjacent to a public street shall be reviewed for compatibility / harmony with surrounding buildings and site developments.
• For corner lots, the narrowest street frontage is the front of the property.

STANDARDS AND SPECIFICATIONS

WALLS, FENCES, AND LANDSCAPING
HEIGHT:

LOCATION:

2.5 ft
min
6 ft
max9 ft
max6 ft
max

CLEAR FOR

VISIBILITY
3 ft max
Retaining Wall
grade
2’-6” max fence
3’-0” max fence
6’-0” max fence
Visibility Triangle
10 ft setback
3 ft
max2.5 ft max
35 ft
35 ft
10 ft
10 ft

SIDEWALK

PROPERTY LINE

LANDSCAPE
STREET
STREET
Contact Public
Services
Department for
exact right-of-
way locationCURB
Visibility Triangle
at intersections,
driveways & alleys
ATTACHMENT 6
393
-
Costa- l\11esci

ZONING ADMINISTRATOR DETERMINATION
No. 08-3
SUBJECT : TEMPORARY WINDOW SIGN AREA
CMMC:

DATE:

TABLE 13-115
APRIL 28, 2008

BACKGROUND
This determination supercedes the Zoning Administrator Determination issued on January 15, 2001.

Table 13-115 limits temporary window signs in commercial and industrial zones to a maximum of 20% of contiguous window area. "Contiguous window area" is further defined below.

DETERMINATION
Contiguous window area includes window panes separated only by mullions and shall be considered as a single window area, of which 20% may be covered by temporary signs for a period not to exceed 60 days. For example, a building with 10 window panes separated by mullions would be allowed to display temporary windows on 20% of that window area-whether that is 20% of each individual pane or any other combination totaling 20% of the total contiguous window area.

Windows that are separated from other windows by solid walls are not contiguous window areas.

Please note that an increase in allowable temporary window sign area may be approved by the Zoning Administrator as specified in Table 13-115.

Kl~b:tat~ ~
Zoning Administrator
ATTACHMENT 7
1 394
Costa· M:esci

ZONING ADMINISTRATOR DETERMINATION
No. 08-5
SUBJECT: COUNSELING (INCLUDING GROUP COUNSELING)
CMMC SEC: TABLES 13-30 AND 13-89
DATE: MAY 19, 2008

BACKGROUND
This determination supercedes the Zoning Administrator Determination issued on October 8, 2004.

There is a need to clarify the treatment of counseling offices under the Land Use Matrix (Table 13-30) and parking requirements (Table 13-89) of the zoning code.

Uses in question include career and vocational counseling; marriage, family, and child counseling (MFCC); psychologists; psychiatrists; substance abuse counseling; and similar services. Counseling may be provided on an individual, family, or group basis.

DETERMINATION
Individual and family counseling services will be classified as "general office" uses, and not as "medical offices." This is because many, if not most, counseling services are provided by professionals without medical credentials - thus, technically not "medical" uses - and because of differences in operational characteristics (number of clients/patients being served simultaneously, number of clients/patients in waiting rooms, number of exam or treatment rooms, number of support personnel, etc.).

Thus, individual and family counseling will be a permitted use where general offices are permitted and a conditional use where general offices are conditional uses.

Parking requirements for individual and family counseling services will be the same as for "general office" uses - currently 4 spaces per 1,000 sq. ft. of gross floor area.

Group counseling services will (except in l&R and l&R-S zones) be classified in the same way as "trade and vocational schools," which is a listed use (currently #37) in Table 13-30. This determination is in accordance with Section 13-30(d) which allows a use that is not listed (group counseling) to be treated in the same way as a substantially similar use. Operational characteristics common to both group 2 395
counseling and trade/vocational schools include groups of people arriving and departing at the same times, assembling for approximately hour-long sessions, and having similar staffing levels. Thus, group counseling would be a permitted use in most commercial zones, and a minor conditional use in industrial zones. However, unlike trade and vocational schools, group counseling, would not be permitted in l&R and l&R-S zones, unless it's part of the approved institutional use (e.g., hospital, school, church).

Parking requirements for group counseling services will be the same as for "trade schools, business colleges, dancing and music academies" - currently 10 spaces per 1,000 sq. ft. of gross floor area. Where hours of operation or other unique operating characteristics indicate that a lower parking requirement would be sufficient, a minor conditional use permit may be processed, in accordance with Section 13-89.5.

Planners should use their discretion in cases where an office which primarily provides individual or family counseling may hold occasional group sessions.

K~~
Zoning Administrator
3 396
Costa- :M:esci

ZONING ADMINISTRATOR DETERMINATION
No. 08-12
SUBJECT: EXPOSED PIPES AND CONDUIT
CMMC: SECTION 13-74(a)
DATE: AUGUST 28, 2008

BACKGROUND
This determination supercedes the Zoning Administrator Memorandum issued on August 12, 2003.

On rare occasions, individuals faced with replumbing their homes or businesses will choose to mount the new piping on the exterior wall surface, instead of within the walls. Also, surface­ mounted conduit is sometimes used for new electrical services or circuits, and fire sprinkler supply lines are frequently mounted to the exterior of commercial and industrial buildings. The Plumbing Code does not specifically prohibit installation of piping on exterior wall surfaces.

Costa Mesa Municipal Code Section 13-74(a) specifies that the finished elevations of all building and structures shall be approved by the Planning Division. Various development standards in the Zoning Code articulate the objective of preserving and enhancing aesthetics and/or protecting against unsightliness.

DETERMINATION
To ensure against unsightly interruption of exterior building elevations, plumbing pipes (water and gas), vents, ducting, fire control or fire sprinkler systems, and electrical conduit shall not be mounted on exterior wall surfaces where visible from off site or from adjacent buildings, private yards, or common spaces on the same property. Exceptions may be allowed with specific prior approval by the Zoning Administrator. Approval, if granted, will be limited to specials circumstances where it is impractical to conceal pipes or conduit within walls and may be conditioned to require pipes or conduits to be enclosed in a soffit or chase, or otherwise d from view.

KIMBERLY BRAND ,
Zoning Administrator
4 397
a
-
Costa- 1v1esci

ZONING ADMINISTRATOR DETERMINATION
No. 15-1
SUBJECT: ANTENNA HEIGHT AND SCREENING

REQUIREMENTS
CMMC SEC: CHAPTER IX, ARTICLE 2
TABLE 13-142
DATE: JUNE 22, 2015

BACKGROUND
Table 13-142, Antenna Development Standards, identifies the development standards for antennas. Proposed antennas not in compliance with the applicable development standards shall require approval of a MCUP.

The purpose of this Zoning Administrator Determination is to describe how these development standards are applied to both the antenna and associated support structure with regard to maximum allowable height and screening requirements.

DETERMINATION
Code indicates that the maximum height is "measured from the property's grade to the highest point of the antenna." Therefore, the overall height needs to include both the antenna and associated antenna support structure.

Code also indicates that screening is required in certain circumstances. Any reference to "screening required" within the Code shall apply not only to the antenna itself but also any associated antenna support structure upon which the antenna is either placed or contained. The purpose of the screening requirement is to lessen visual impacts of the entire structure; therefore, screening applies to the entire structure and not limited to the component antenna(s) only.
\'--1 I J/)..(L ,
~ )c.f_/VL,t) - ~

WILLA BOUWENS-KILLEEN, AICP
Zoning Administrator
CLAIRE L. FLYNN, AICP
Asst. Development Svcs. Director
5 398
--
Costa Mesci

ZONING ADMINISTRATOR DETERMINATION
No. 17- 01
SUBJECT:

CMMC SEC:

DATE:

BACKGROUND

DEDUCTION OF SQUARE FOOTAGE OF MECHANICAL

AND ELECTRICAL ROOMS FROM GROSS AREA

CALCULATED FOR NONRESIDENTIAL USES
TITLE 13, CHAPTER VI, ARTICLE 2
JANUARY 18, 2017
A Zoning Administrator interpretation has been made to allow for the exclusion of square footage used for mechanical and electrical equipment rooms when calculating the number of parking spaces required for a nonresidential use.

Costa Mesa Municipal Code determines the number of parking spaces for any nonresidential use by calculating parking demand using the parking ratio per gross floor area. Gross floor area is defined by the Zoning Code as: The area of all floors within the walls of a structure except elevator and other vertical shafts (including stairwells) and elevator equipment areas. Neither the definition of gross floor area nor the zoning code as a whole addresses mechanical or electrical rooms that are enclosed rooms permanently used for the sole purpose of siting or maintaining mechanical or electrical equipment.

DETERMINATION
Since the space used for mechanical and electrical equipment is space not occupied by employees or patrons during the operation of a nonresidential use it should have no impact on parking for the use. Consequently, the square footage used for calculating the number of parking spaces for a nonresidential may be gross floor area minus the square footage used for electrical or mechanical equipment rooms.

WILLA BOUWENS-KILLEEN, AICP
Zoning Administrator
6 399
-
Costa Mesci

ZONING ADMINISTRATOR DETERMINATION
No. 17-02
SUBJECT:

CMMC SEC:

DATE:

BACKGROUND

PLACEMENT GUIDELINES FOR MECHANICAL OR

ELECTRICAL EQUIPMENT, SUCH AS HVACS OR
POOL EQUIPMENT IN RESIDENTIAL ZONES.
13-32
February 7, 2017
Costa Mesa Municipal Code is silent on ground mounted placement of mechanical and electrical equipment. The mechanical and electrical equipment may not be aesthetically . appealing and/or produce a persistent noise which may create a nuisance for abutting neighbors. To ensure that installation of mechanical or electrical equipment like HVACs or pool equipment do not cause a nuisance to abutting properties or the neighborhood in general, guidelines are provided below.

DETERMINATION
In determining the appropriateness of a proposed location for electrical or mechanical equipment on a residential property the following guidelines apply:

1. All equipment must be screened from view for abutting property owners and from the public right of way.

2. All equipment must be outside of the front setback of the development lot.

3. Mechanical/electrical equipment proposed within 10 feet of a neighboring property's window(s) or door(s) is subject to meeting one of the mitigation methods listed below (3a-3c) or obtaining written consent from the abutting neighbor. In special cases when none of these options apply, a City planner may make a determination that the proposed location is the best potential location for the equipment and add special noise mitigating or screening conditions. 7 400
a) A minimum six-foot-high block wall separates the equipment from the abutting property's window(s) and/or door(s) with a minimum separation of 5 feet between equipment and window(s)/door(s).
b) The equipment does not generate more than 50 decibels and is setback at least 5 feet between equipment and window(s)/door(s).
c) The equipment maintains the same setbacks and separations required for main structures.
'---utev (,;lWt//A~) v~

W ILLA BOUWENS-K ILLEEN, AICP
Zoning Administrator
8 401
URGENCY ORDINANCE NO. 2021-21

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA ADOPTING CHANGES TO TITLE 13 (ZONING) RELATING TO THE IMPLEMENTATION OF SENATE BILL 9 FOR THE CREATION OF TWO (2)

RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS IN SINGLE FAMILY RESIDENTIAL ZONES; AND DECLARING THE ORDINANCE TO BE AN URGENCY

MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION
WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, on September 16, 2021 Governor Gavin Newsom approved Senate Bill 9 (SB 9, Chapter 162) relating to the creation of two residential units per lot which requires local agencies to ministerially approve housing development containing no more than two residential units per lot and ministerially approve an urban lot split; and WHEREAS, SB 9 takes effect on January 1, 2022; and
WHEREAS, SB 9 allows local agencies to impose limited objective zoning, subdivision, and design review standards in compliance with Government Code Sections 65852.21 and 66411.7; and
WHEREAS, given that SB 9 was not signed until mid-September, there was insufficient time to process this Ordinance through noticed hearings before the Planning Commission and City Council and have an ordinance (Zoning Code amendment) in place by January 1 , 2022; and
WHEREAS, the public is already beginning to express interest in developing under this new law and it is necessary to have standards in place by the time SB 9 becomes effective for the benefit of the public health, safety and welfare of the City; and WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code of Regulations) has determined that this Ordinance is statutorily exempt from the provisions of CEQA because this Ordinance is not considered a "project" pursuant to Government Code Section 65852.210) and because and it can be seen with certainty that this Ordinance will not have an effect on the environment pursuant to Section 15061. 1 ATTACHMENT 8
402

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Article 7., Urban Lot Splits, hereby added to Chapter XI., Subdivisions, Title 13, Planning, Zoning and Development, of the Costa Mesa Municipal Code to read as follows:

Article 7. URBAN LOT SPLITS
Section 13-265.5 Parcel Maps for Urban Lot Splits.

A. Definitions. For purposes of this section, the following definition shall apply:

1. "Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.

B. The city shall ministerially approve a parcel map for a lot split that meets the following applicable requirements:

1. The parcel is located within a single-family residential zone.

2. The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

3. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.

4. Both newly created parcels are no smaller than 1,200 square feet.

5. The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).

Urgency Ordinance No. 2021-21 Page 2 of 14
403
d. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
f. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
g. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA.

If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
h. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise Urgency Ordinance No. 2021-21 Page 3 of 14
404
certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).
k. Lands under a conservation easement.

6. The proposed lot split would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years.

7. The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

Urgency Ordinance No. 2021-21 Page 4 of 14
405
C. Standards and Requirements. Except where superseded by the following provisions or state law, Parcel Maps for Urban Lot Splits pursuant to Government Code Section 66411 . 7 shall comply with the development standards applicable to the R1 Single-Family Residential District including but not limited to Section 13-32 of this code:
1 . The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Title 13 of this code, except as the same are modified by this section.

2. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

3. Except for those circumstances described in section C2 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards.

4. The applicant shall provide easements for the provision of public services and facilities as required.

5. Units constructed on sites created pursuant to Government Code Section 66411 . 7 shall adhere to the following:
a) All new development shall be constructed, in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District.
b) Each unit which is attached to an existing or proposed dwelling shall have the same design, materials, finishes, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District. c) Any proposed detached units on the same lot shall be compatible in exterior appearance with an existing unit in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code standards and design guidelines applicable to the R1 Single-Family Residential District.

6. All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot frontage if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be Urgency Ordinance No. 2021-21 Page 5 of 14
406
provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage.

7. In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code section 66411.7 shall be limited to one driveway ingress/egress.

8. Required off-street parking shall be limited to one garage parking space per unit and the location and configuration of such parking shall be in compliance with the standards set forth in this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.

D. The city shall not deny an application based on any of the following:

1. The city shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

2. The city shall not impose any objective zoning, subdivision, or design standards that would have the effect of physically precluding the creation of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards generally applicable to the R-1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code standards and regulations and if there are no other feasible means of complying with state law.

3. The city shall not require the correction of nonconforming zoning provisions as a condition for the lot split.

Urgency Ordinance No. 2021-21 Page 6 of 14
407

4. The city shall not deny an application solely because it proposes an adjacent or connected structure provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.

E. An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
1 . That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.

2. That the uses shall be limited to residential uses.

3. That any rental of any unit created by the lot split shall be for a minimum of thirty-one days.

4. That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-36.

F. The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. This section shall not apply to:
1 . Any parcel which has been established pursuant to a lot split in accordance with this section; or

2. Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years Urgency Ordinance No. 2021-21 Page 7 of 14
408
of the lot split, the owner is acting in concert with the then owner of the adjacent lot. However, acting in concert is not limited to this situation.

H. The provisions of this section supersede any contrary provisions contained elsewhere in this code.

SECTION 2. Section 13-36 is hereby added to Article 1., Residential Districts, Chapter V., Development Standards, Title 13, Planning, Zoning and Development, of the Costa Mesa Municipal Code, to read as follows:

Section 13-36 Two-unit Housing Development
A. For purposes of this section, the following definition shall apply:

1. "Housing development" shall mean no more than two residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

B. The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:

1. The parcel is located within a single-family residential zone.

2. The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

3. The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A hazardous waste site that is listed pursuant to section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Urgency Ordinance No. 2021-21 Page 8 of 14
409
Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA.

If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
g. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. h. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).

Urgency Ordinance No. 2021-21 Page 9 of 14
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i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 1 O (commencing with section 1900) of Division 2 of the Fish and Game Code).
j. Lands under a conservation easement.

4. The proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years.

5. Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

C. Standards and Requirements. Except where superseded by the following provisions, two-unit housing development pursuant to Government Code Section 65852.21 shall comply with development standards applicable to the R1 Single­ Family Residential District including but not limited to Section 13-32 of this code:

1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2. Except for those circumstances described in section C1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the R-1 Single-Family Residential District standards.

Urgency Ordinance No. 2021-21 Page 10 of 14
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3. The applicant shall provide easements for the provision of public services and facilities as required.

4. All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot if the driveway serves two units. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage.

5. In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code section 65852.21 shall be limited to one driveway ingress/egress.

6. Required off-street parking shall be limited to one garage space per unit and the location and configuration of such parking shall be in compliance with the provisions of this code, except that no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.

7. For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last 1 O years, which shows that the system meets acceptable infiltration rates.

D. The city shall not require or deny an application based on any of the following:

1. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. If the city determines that the strict application of objective zoning, subdivisions or design standards would physically preclude the development of two units on a lot each with a minimum unit size of 800 square feet, the city may ministerially allow deviations from development standards generally applicable to the R-1 zoning district pursuant to city policies and/or regulations implementing this section if such deviation is in compliance with applicable building and fire code Urgency Ordinance No. 2021-21 Page 11 of 14
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standards and regulations and if there are no other feasible means of complying with state law.

2. The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

E. An applicant shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

1. That the uses shall be limited to residential uses.

2. That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

3. That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to section 13-35.

F. The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. The provisions of this section supersede any contrary provisions contained elsewhere in this code.

SECTION 3. Urgency Declaration/Effective Date. The City Council declares this Ordinance to be an urgency measure, to take effect immediately upon adoption pursuant to California Government Code sections 36934 and 36937. The facts constituting the urgency are as follows: On September 16, 2021 Governor Gavin Newsom approved Senate Bill 9 (SB 9, Chapter 162) relating to the creation of two residential units per lot which requires local agencies to ministerially approve housing development containing no more than two residential units per lot and ministerially approve an urban lot split. SB 9 takes effect on January 1 , 2022. SB 9 allows local agencies to impose objective zoning, subdivision, and design review standards. Because SB 9 was not signed until mid­ September, there was insufficient time to process an ordinance as a Zoning Code Urgency Ordinance No. 2021-21 Page 12 of 14
413
amendment through noticed hearings before the Planning Commission and City Council and have such ordinance in place by January 1, 2022. Accordingly, an urgency measure is necessary to protect the public, health, safety and welfare that would otherwise be threatened by the unrestricted ability to develop property in the City as a matter of right under SB without regard to the land use regulations set forth in this Ordinance.

SECTION 4. Effective Date. This Ordinance shall be effective upon the date of adoption.

SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Costa Mesa Municipal Code unless and until the City Council so ordains.

Section 6. lnconsistences. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 7. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law.

Urgency Ordinance No. 2021-21 Page 13 of 14
414
PASSED, APPROVED AND ADOPTED this 7th day of December, 2021.

ATTEST:

Brenda Gree~ ityClerk

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF COSTA MESA )
ss
John Stephens, Mayor
APPROVED AS TO FORM:
~~~ KimberlyH1 Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Urgency Ordinance No. 2021-21 was duly adopted at a regular meeting of the City Council of the City of Costa Mesa held on the 7th day of December, 2021, by the following roll call vote, to wit:

AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARR, AND

STEPHENS
NOES: COUNCILMEMBERS: HARPER
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of December, 2021.

Urgency Ordinance No. 2021-21 Page 14 of 14
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PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: JUNE 23, 2025 ITEM NUMBER: NB-1 SUBJECT: STUDY SESSION REGARDING THE 2025 ZONING CODE
AMENDMENT PCTY-25-0001 FOR MINOR TECHNICAL UPDATES
FROM: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: CAITLYN CURLEY, ASSISTANT PLANNER, AND FROYLAN

GARCIA, ASSISTANT PLANNER

FOR FURTHER

INFORMATION
CONTACT:

CAITLYN CURLEY
714-754-5692
[email protected]
RECOMMENDATION:

Staf
f recommends that the Planning Commission receive the staff presentation and provide feedback on the proposed Zoning Code Amendment.

APPLICANT OR AUTHORIZED AGENT
Th
e subject Zoning Code Amendment is a City-initiated request.

BACKGROUND
Pe
riodic updates to the Zoning Code are a necessary component of proper city planning as cities update their Zoning Codes to meet State law, clarify code sections, align the Code to current practices and procedures and modify procedures to increase efficiency in entitlement and permit reviews. Most cities conduct a Z oning Code Amendment at least once annually. Moving forward, the Planning Division anticipates doing so as well, although additional Zoning Code Amendments may occur due to changes in State law.

Zoning Code Amendments generally fall into three categories: compliance with State law (such as updating requirements for accessory dwelling units and density bonus), technical updates (such as clarifying language and codifying common practices) and policy updates (such as creating new procedures or adding an application type). Zoning Code Amendments allow the City to effectively, efficiently and accurately implement the Zoning Code and State law.

Attachment 9
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The Zoning Code provides land use and development standards that regulate structures and uses throughout the City. Over the years of applying the Zoning Code, staff have identified instances of imprecise language , for which the department has made interpretations on, but which have not yet been clarified in the Zoning Code. In addition, staff have identified several state regulations that affect local zoning standards and that require additional updates to the Zoning Code.

Over time the City has created several interpretation and procedural documents that exist outside of the Zoning Code . These documents include the Walls, Fences and Landscaping Standards, Zoning Administrator Determinations (described below) and Urgency Ordinance 2021-21, which implemented the State’s SB 9 regulations. This code amendment would codify the Walls, Fences and Landscaping Standards, several Zoning Administrator Determinations and Urgency Ordinance 2021-21. The code amendment also includes modifications to some sections of the Zoning Code to align with current State law and provides minor clarifications based on past practice.

Since the early 2000s, the City has implemented staff-level procedures, called Zoning Administrator Determinations, that provide clarification or interpretations for sections of the Zoning Code that are ambiguous or for uses and developments that are not clearly regulated in the C ode. Many of these Zoning Administrator Determinations are used regularly by Planning Staff in day-to-day operations and during plan check, such as the determination that establishes requirements for the placement of HVAC units (air conditioners) or pool equipment. Although these Zoning Administrator Determinations function similarly to other regulating documents such as the Zoning Code, keeping these procedures separate from the Zoning Code causes confusion and reduces transparency of City requirements and regulations. As stated previously, this Zoning Code Amendment adds several Zoning Administrator Determinations to the Zoning Code. In an effort to maintain a manageable quantity of items included in the Zoning Code Amendment, the Determinations selected for this amendment are those most commonly used in day-to- day operations. Future Zoning Code Amendments may include the codification of other Zoning Administrator Determinations that are used in more limited circumstances.

The purpose of this Zoning Code Amendment is to codify requirements currently located outside the Zoning Code , to clarify Zoning Code language where necessary , provide clarification based on past practice, and to conform to recent revisions to and requirements of State law. The modifications included in this Zoning Code Amendment are considered to be technical or “clean up” revisions, based on established documents and practices, and are not intended to constitute changes in City policy.

DESCRIPTION

The proposed Zoning Code Amendment includes the following sections of Title 13 of the Costa Mesa Municipal Code:
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• Chapter I, Section 13-6: Definitions
• Chapter III, Section 13-28: Types
• Chapter IV, Section 13-30: Purpose
• Chapter V, Section 13-32: Development Standards
• Chapter V, Section 13-35: Accessory Dwelling Units
• Chapter V, Section 13-36: Two-Unit Housing Development • Chapter V, Section 13-41: Residential Common Interest Development Standards and Requirements
• Chapter V, Section 13-42.3: Development Standards and Requirements • Chapter V, Section 13-74: Elevation and Screening Requirements • Chapter V, Section 13-75: Fences and Walls
• Chapter VI, Section 13-89: Parking Required
• Chapter VIII, Section 13-111: Definitions
• Chapter IX, Section 13-142: Development Standards
• Chapter X, Section 13-204: Nonconforming Provisions
• Chapter XII, Section 13-265.5: Parcel Maps for Urban Lot Splits

ANALYSIS

The following discussion outlines the proposed revisions to the Zoning Code and provides justification for said revision. The comprehensive strikethrough version is included as Exhibit A.

Item 1: Fences and Walls

The City Council adopted standards for fences and walls in 1991 and approved revisions to these standards in 2001. While these standards, referred to as the Walls, Fences and Landscaping Standards (included as Attachment 2), were approved by City Council, they were never added to the Zoning Code itself. Rather, they were established as a separate document that could be modified and referenced independently from the Zoning Code.

This has created a cumbersome process when reviewing fence and wall proposals.

Staff proposes to codify the Walls, Fences and Landscaping Standards, provide clarity where the standards are ambiguous and modify the situations where a height increase is permitted for walls with a minor modification, while increasing the height limit of walls near the front of a property. These changes are proposed to consolidate City regulations, improve efficiency of application reviews, provide clarity on current standards, and create objective, rather than subjective, design standards, as required by State law. Nearby cities have similar requirements to the amended code section with front yard wall height limits between three and four feet and six to ten feet on interior property lines, depending on the zone.

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Affected sections:
• 13-28: Types
• 13-75: Fences and Walls

Item 2: Group and Individual Counseling

Over the past couple of decades , the Zoning Administrator has made several written determinations related to group and individual counseling. Ultimately, these Zoning Administrator Determinations created the following requirements:

• Group counseling is substantially similar to the “Trade and Vocational Schools” use in terms of operating characteristics and parking demand. • Individual counseling is substantially similar to the “General Office” use in terms of operating characteristics and parking demand.

These Zoning Administrator determinations established a parking rate for group counseling of ten spaces for every 1,000 square feet of gross floor area and a parking rate of four spaces for every 1,000 square feet of gross floor area for individual counseling. It was also determined that the two types of counseling businesses would be permitted, conditionally permitted or prohibited based on their corresponding related use that appears in the land use matrix. Within the Zoning Code and Zoning Administrator Determinations, however, ambiguity still exists on the definition of a group counseling use compared to an individual counseling use. Regulating and defining these two uses are important from a land use standpoint because the two uses have very different traffic and parking demand patterns and can impact surrounding properties differently. For example, individual counseling generally consists of a client parking demand of one or two vehicles as families tend to carpool to sessions, or an individual client who would occupy only one car. Group counseling typically has a higher parking demand, as there are typically more clients occupying a business in a similar or larger amount of space and who typically drive individually to the location. These differences in parking demand and vehicle trips can result in a greater impact to surrounding properties for group counseling, compared to individual counseling uses.

The proposed Zoning Code Amendment provides a definition for individual counseling to clearly differentiate between group and individual counseling , adds individual counseling to the Citywide Land Use Matrix (Section 13 -30), aligned with the requirements of the “General Office” use, and also codifies the previously established parking rate for individual and group counseling , separately. These changes are proposed in an effort to consolidate City regulations, improve efficiency of application reviews, and create objective, rather than subjective, design standards, as required by State law. Nearby cities also consider individual counseling as an office use, however they do not define group counseling in their Zoning Codes. In some cities, individual counseling is parked at a medical rate, but is most commonly parked at the office rate, particularly when the provider is not a licensed medical professional. 419
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Affected sections:
• Chapter I, Section 13-6: Definitions
• Chapter IV, Section 13-30: Purpose
• Chapter VI, Section 13-89: Parking Required

Item 3: Exposed Pipes and Conduits

In 2008, the Zoning Administrator issued a determination that new pipes, conduits, ducting and other plumbing and mechanical elements should not be present on the exterior of buildings where visible from off -site, adjacent buildings, private yards or common space. This determination was implemented due to a common practice of installing new pipes for plumbing repairs or fire sprinklers, ductwork for HVAC system, or other items on the exterior of a building’s walls or roof rather than within the structure.

These elements are prevalent due to the age of many commercial and industrial buildings and multifamily developments within the City and the expense of modifying these buildings to locate the elements within the structure.

The proposed Zoning Code Amendment codifies this Zoning Administrator Determination by prohibiting plumbing pipes, vents, ducting, fire sprinkler systems and electrical conduits from being installed on exterior walls of a building. The code amendment provides an objective exception for exi sting pipes and conduits , which permits existing elements to be painted to match the wall or roof to satisfy the requirement. However, if the wall or roof on which the pipe or other element will be placed is structurally altered or demolished, then the wor k does not qualify for the objective exception and the element must be placed within the interior of the building.

These requirements are aimed to reduce clutter and prevent unsightly pipes and conduits on the side of buildings. Further, there is an exception for existing elements to avoid placing a financial burden on long time property owners. These changes are proposed in an effort to consolidate City regulations, remove unnecessary financial burdens on property owners and create objective, rather than s ubjective, design standards, as required by State law. Other nearby cities also require the screening of ducts and other elements, similar to the proposed changes to Costa Mesa’s Zoning Code.

Affected sections:
• Chapter V, Section 13-74: Elevation and Screening Requirements

Item 4: Antenna Screening

In 2015, the Zoning Administrator made a determination related the screening of antenna and their support structures. The Zoning Administrator acknowledged that, while the Zoning Code is clear that antennas themselves must be screened, is it unclear if the ir support structures and equipment need to be screened as well. The Zoning Administrator determination clarified that both antenna and their support structures 420
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need to be screened in order to lessen the visual impacts of the entire structure. While there are existing State and Federal laws related to antennas, including the Telecommunications Act of 1996 and AB 57. These laws to not preclude cities from requiring screening antennas, but do identify strict review timelines (also known as a “shot clock”) and parameters under which a telecommunications facility application could be denied (i.e. screening requirements cannot be the sole basis to deny an application). The proposed changes are consistent with some nearby cities, which require screening of all elements of the antenna.

The proposed Zoning Code Amendment clarifies that screening is required for ground mounted antenna and any support structures and equipment. This change is proposed in an effort to consolidate City regulations, reduce the presence of unsightly uses within the City, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
• Chapter IX, Section 13-142: Development Standards

Item 5: SB 9 Ordinance

California Senate Bill (SB) 9 took effect on January 1, 2022. SB 9 permits the subdivision of Single Family Residentially zoned parcels into no more than two parcels, and the construction of two units on each parcel. In response to this law, the City passed Urgency Ordinance No. 2021-21 which adopted the requirements outlined in SB 9. The updated regulations of Urgency Ordinance No. 2021-21 were not added to the Zoning Code.

The proposed Zoning Code Amendment integrates the requirements outlined in Urgency Ordinance No. 2021-21 and provides three points of clarification, specifically related to driveways on subdivided parcels, the number of units permitted on properties under SB 9 and minimum parking requirements. Under State law, and per HCD guidance, SB 9 permits up to four units for development constructed under the law. For un- subdivided projects (“Two-Unit Housing Development”) two accessory dwelling units (ADUs) are permitted on the property in addition to the two primary units. For subdivisions (“Urban Lot Splits”), each property may have up to one primary unit and one ADU, or two main units, for a total of four units within the development. This bill has been associated with the saying “all roads lead to four” to further emphasize the possibilities to construct up to four units in the aforementioned scenarios. Also, clarification has been added to permit one driveway per resultant lot in the case of urban lot split projects and to permit more than one garage parking space per unit, rather than limiting projects to a maximum of one garage parking space per unit. These changes are proposed in an effort to align the City’s Zoning Code with State law.

Affected sections:
• Chapter V, Section 13-36: Two-Unit Housing Development 421
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• Chapter XII, Section 13-265.5: Parcel Maps for Urban Lot Splits • Urgency Ordinance No. 2021-21

Item 6: Accessory Dwelling Units

The City’s latest accessory dwelling unit (ADU) ordinance update went into effect on May 1, 2025. Subsequent conversations with HCD required further, minor amendments to the City’s ADU requirements to meet State law. Staff met with HCD on May 14, 2025, to further discuss these changes, and HCD staff ac knowledged that the ordinance substantially met state requirements, and the minor revisions suggested did not necessitate the need to issue a formal letter to the City. These amendments most notably include clarification that ADUs and JADUs (Junior Accessory Dwelling Units) do not trigger a requirement for fire sprinklers in the main residence and increased the objectivity of requirements regarding stairways leading to second story ADUs. These changes are proposed in an effort to align the City’s Zoning Code with State law.

Affected sections:
• Chapter V, Section 13-35: Accessory Dwelling Units

Item 7: Contiguous Window Area

In 2008, the Zoning Administrator issued a determination clarifying the definition of “contiguous window area” within the Zoning Code, specifically for the purpose of determining the allowable sign coverage on windows. While the Zoning Code does clearly limit the amount of window signage permitted as “20% of contiguous window area,” the definition of “contiguous window area” is limited. Over the past several years, staff have received questions regarding the meaning of "contiguous" in various scenarios, including how mullion width affects window continuity and whether windows located on separate façades can be considered contiguous.

The proposed Zoning Code Amendment includes additional language to the existing definition of “contiguous window area” for improved clarity, along with the addition of a new diagram (see below) to serve as a visual aid. The proposed changes aim to objectively define the limits of “contiguous” and establish a maximum width for mullions and other elements to still be considered contiguous window area. The maximum width was selected after consulting with the Building Division to determine a realistic limit.

These changes are proposed to consol idate City regulations, improve efficiency of application reviews, provide clarity on current standards, and create objective, rather than subjective, design standards, as required by State law.

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Figure 1: Example of Contiguous Window Area

Affected sections:
• Chapter VIII, Section 13-111: Definitions

Item 8: Mechanical Rooms

In 2017, the Z oning Administrator made a determination that allows deduction of the square footage of electrical and mechanical rooms from the gross area calculation , specifically for the purpose of calculating parking requirements. The determination intended to reduce the parking requirements with the understanding that mechanical rooms cannot be used for any purpose other than to store mechanical equipment. Other nearby cities similarly exempt mechanical rooms from a building’s gross floor area.

The proposed Zoning Code Amendment deducts the square footage of mechanical and electrical equipment, along with the typically required three-foot service clearance (as vetted with the Building Division), from the gross floor area of a building. This amendment will improve the visual character of the City by incentivizing the location of mechanical equipment within main structures, rather than placing mechanical equipment on rooftops or along the side of buildings. These changes are proposed in an effort to consolidate City regulations, improve efficiency of application reviews, incentivize the location of mechanical equipment indoors, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
• Chapter VI, Section 13-89: Parking Required

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Item 9: Screening of Ground Mounted Equipment

In 2017, a Zoning Administrator Determination established placement standards and recommended mitigation measures for ground mounted mechanical equipment when distance requirements can not be met in residential zones. The Zoning Code itself currently offers limited guidance on the placement of ground-mounted electrical and mechanical equipment. Requirements for mechanical and electrical equipment are necessary as these devices are often unsightly and can produce noise levels that create a nuisance to abutting neighbors. These requirements are consistent with the standards of other nearby cities, which also require screening from the public right of way and adjacent properties.

The proposed Zoning Code Amendment incorporates the 2017 Zoning Administrator determination into the Zoning Code, with adjustments to account for new State laws. This update would codify the placement and screening standards previously established, and also modify the language to address setbacks related to mechanical equipment associated with Accessory Dwelling Units (ADUs) and SB 9 projects. These changes are proposed in an effort to consolidate City regulations, reduce the presence of unsightly development within the City, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:

• Chapter V, Section 13-74: Elevation and Screening Requirements

Item 10: Raised Decks

Currently, the Zoning Code is silent regarding raised decks in residential zones.

According to the Zoning Code, structures under six and a half feet in height in the R1 zone and 15 feet in multifamily zones are permitted to have zero side and rear setbacks.

Structures over these limits must meet the setbacks established for the property’s zone.

While this provision is meant to allow low profile structures within side and rear setbacks, it has also allowed for raised decks, under six and a half feet but still above finished grade, to encroach into required setbacks, which has the potential to raise privacy concerns for adjacent neighbors. Some nearby cities limit decks within setbacks to a maximum height of 18 inches.

The proposed Zoning Code Amendment would require that all raised decks with a finished floor height of more than 18 inches above finished grade comply with the main structure setbacks established in the applicable zone. This amendment will ensure that elevated decks are appropriately distanced from property lines, therefore reducing visibility into neighboring yards and preserving the privacy of neighboring properties.

These changes are proposed in an effort to protect the privacy of residents, and create objective, rather than subjective, design standards, as required by State law. 424
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Affected sections:
• Chapter V, Section 13-32: Development Standards
• Chapter V, Section 13-41: Residential Common Interest Development Standards and Requirements
• Chapter V, Section 13-42.3: Development Standards and Requirements

Item 11: Shared Parking Analysis

Costa Mesa Municipal Code Table 13 -89, Non-Residential Parking Standards, sets the parking requirement for mixed use developments on a case-by-case basis, as outlined in the "City of Costa Mesa Procedure for Determining Shared Parking Requirements ,” approved by the City Council under Resolution 85-56 in 1985. This procedure examines the parking demand hourly for each use within the mixed-use development, adds these numbers together, and establishes the parking demand as the highest of these totals.

The resolution established the uses parking demand based on 1980’s statistics and included then-common uses such as banks and offices, retail stores, restaurants, theaters and hotels, along with residential uses. In additional research, staff found that nearby cities typically use standard parking rates and do not factor in demand trends by hour.

This Zoning Code Amendment includes an updated s hared parking demand table, based on current parking demand statistics established by industry professionals. The new table will also include uses not on the original table that have become common uses in the City. Studies show parking demand trends have changed since the 1980s, with modern patterns resulting in a lower overall parking demand than has been produced in the past. By updating the shared parking demand table to include current data and new uses, t he City can provide more flexible parking requirements for mixed use developments, such as existing multi-tenant shopping centers and future new mixed-use development. Staff expects the new data to result in a lower calculated parking demand than previously used, therefore allowing new businesses to operate in the City, which can help attract more business to these centers, thereby revitalizing the City’s many outdated shopping centers. The new, lower parking demand may also reduce the frequency o f required parking deviations for a business to operate within the City, therefore removing a common hurdle to new businesses and further improving the City’s business friendly practices. During this study session, staff will provide an overview of the challenges in current code and the process that will be conducted to update the shared parking table.

Staff will bring the updated table to the Planning Commission when the Z oning Code Amendment will be formally considered for recommendation this summer.

GENERAL PLAN CONFORMANCE

The proposed Z oning Code Amendment would continue to allow for orderly, high - quality development within Costa Mesa and encourage economic growth in the community. It would clarify regulations that maintain privacy for residential 425
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neighborhoods and encourage good design throughout the City. The Zoning Code Amendment also provide s allowances for development and redevelopment of properties to encourage new and existing businesses to operate within Costa Mesa.

The implementation of objective standards included in the amendments provides support for development within the City and str eamlines approval processes for building permits and entitlements. These amendments are “clean up” revisions in nature, and do not impose any substantial policy decisions or changes to the Zoning Code.

The proposed ordinance is in conformance with the City’s General Plan including:

• Policy LU-3.10 Minimize effects of new development on the privacy and character of surrounding neighborhoods.
• Policy LU-6.2 Continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional -serving commercial centers.
• Policy LU-6.7 Encourage new and retain existing businesses that provide local shopping and services.
• Policy LU-6.19 Provide flexibility and support for development of residential, office, small retail centers, and similar uses that would serve local residents and would also benefit from the high visibility along major corridors outside of significant commercial or industrial nodes.

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, clean up updates to the City’s Municipal Code provisions will have a significant impact on the environment.

NOTICE

There is no public notice requirement for the Planning Commission Zoning Code Amendment Study Session. However, to encourage public engagement, the City provided the following informal outreach:

• The date and time of the study session was posted in the Daily Pilot newspaper. • Information about the study session was shared via the City’s email distribution system.

CONCLUSION

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The proposed Zoning Code Amendment provides technical updates and clarifications that are consistent with the General Plan and State law. This is intended to improve the efficiency of the plan check and entitlements process and encourage high-quality development within the City of Costa Mesa while minimizing effects on neighboring properties.

ATTACHMENTS

1. Tracked Changes Ordinance (Exhibit A)

2. Fences, Walls, and Landscaping handout
427
questioned whether the community's feedback, particularly from the workshops, had been meaningfully incorporated into the current plan and voiced frustration that the more publicly favored concepts had been deemed financially infeasible only after gathering community input. Staff clarified that financial feasibility and environmental compliance were guiding factors in advancing the plan and noted that while the site concepts helped frame the discussion, the specific plan would be refined based on updated analyses and community input. Commissioners also discussed the importance of making youth sports facilities and deep affordability requirements non-negotiable elements within the plan. Staff reaffirmed that there would be additional opportunities for public engagement moving forward and that the adoption of the guiding principles would help ensure that future planning aligns with community values, state mandates, and long-term city goals.

MOVED/SECOND: ZICH/ DICKSON
MOTION: Receive and File
The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas Nays: None

Absent: None
Recused: None
Motion carried: 7-0
The Chair called for a break.

The Chair called the meeting back into order at 9:38p.m.

NEW BUSINESS:
1 STUDY SESSION REGARDING THE 2025 ZONING CODE AMENDMENT PCTY-25-0001 FOR MINOR TECHNICAL UPDATES
ASSistant Planner Caitlyn Curley presented the item.

Discussion ensued regarding proposed zoning code amendments, particularly the height and placement of fences and walls in front yard setbacks.

Commissioners questioned the rationale behind allowing six-foot opaque walls 10 feet from the property line, expressing concerns about the impact on neighborhood aesthetics and the pedestrian experience. Staff clarified that the six-foot height would only be allowed beyond the first 10 feet and noted that many existing walls would become nonconforming if the limit were pushed further back. It was emphasized that these updates were intended as technical cleanups, not broader policy shifts, but staff welcomed direction from the Minutes - Costa Mesa Planning Commission Meeting - June 23, 2025- Page Il 428
Commission if changes were desired. Commissioners debated the balance between community openness and the need for privacy, security, and safety for pets and children, suggesting alternatives like transparency or opacity standards. Other items discussed included how the proposed changes interact with exi ang oning mini ra or e ermin aons, e orm ang o zoning code sections, parking requirements for counseling offices, and garage space under SB 9. Commissioners also requested a list of uncodified determinations and expressed interest in a broader review of the zoning code in future sessions.

The Chair opened for public comment.

There were no public comments.

The Chair closed public comment.

Commissioner Martinez made a motion to receive and file. Seconded by Commissioner Dickson.

MOVED/SECOND: MARTINEZ/ DICKSON
MOTION: Receive and File
The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas Nays: None

Absent: None
Recused: None
Motion carried: 7-0
REPORT - PUBLIC WORKS - None
REPORT - DEVELOPMENT SERVICES - Director Tai thanked Commissioner Martinez for presenting the Airport Land Use Commission results. She informed the Planning Commission that two previously reviewed projects, Hive Live and Victoria Place, are scheduled for City Council consideration on July 15. She also announced that a new housing development at 3150 Bear Street will be presented at the next Planning Commission meeting, continuing the trend of bringing forward housing projects.

Lastly, she noted thatthe zoning code amendment will return for a public hearing later in July.

REPORT - ASSISTANT CITY ATTORNEY - None
ADJOURNMENT AT IO:1 4p.m.

Minutes - Costa Mesa Planning Commission Meeting - June 23, 2025- Page 12 429
Submitted by:

CARR ,

COSTA MESA PLANNING COMMISSION
Minutes - Costa Mesa Planning Commission Meeting - June 23, 2025- Page 13 430
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PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: JULY 28, 2025 ITEM NUMBER: PH-2 SUBJECT: A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL GIVE FIRST READING TO AN ORDINANCE TO AMENDING TITLE 13 OF THE

COSTA MESA MUNICIPAL CODE PERTAINING TO MINOR

TECHNICAL UPDATES
FROM: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: CAITLYN CURLEY, ASSISTANT PLANNER, AND FROYLAN

GARCIA, ASSISTANT PLANNER

FOR FURTHER

INFORMATION
CONTACT:

CAITLYN CURLEY
714-754-5692
[email protected]

RECOMMENDATION
S
taff recommends the Planning Commission adopt a Resolution to:

1. F
ind that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.174 and CEQA Guidelines Section 15282(h), and

2. R
ecommend that the City Council adopt an Ordinance approving Code Amendment PCTY -25-0001, amending Title 13 of the Costa Mesa Municipal Code (Zoning Code) pertaining to minor technical updates.

APPLICANT OR AUTHORIZED AGENT
T
he subject Zoning Code Amendment is a City-initiated request.

BACKGROUND
P
eriodic updates to the Zoning Code are a necessary component of proper city planning as cities update their Zoning Codes to meet State law, clarify code sections, align the Code to current practices and procedures, and modify procedures to increase efficiency Attachment 10
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in entitlement and permit reviews. Zoning Code Amendments allow the City to effectively and accurately implement the Zoning Code and State law. The purpose of this Zoning Code Amendment is to codify requirements currently located outside the Zoning Code, to clarify Zoning Code language where necessary, provide clarification based on past practice, and to conform to recent revisions to and require ments of State law. The modifications included in this Zoning Code Amendment are considered to be technical or “clean up” revisions, based on established documents and practices, and are not intended to constitute changes in City policy.

The Zoning Code provides land use and development standards that regulate structures and uses throughout the City. Over the years of applying the Zoning Code, staff have identified instances of imprecise language , for which the department has made interpretations, but which have not yet been clarified in the Zoning Code. In addition, staff have identified several state regulations that affect local zoning standards and that require additional updates to the Zoning Code.

Over time the City has created several interpretation and procedural documents that exist outside of the Zoning Code . These documents include the Walls, Fences and Landscaping Standards, Zoning Administrator Determinations (described below) and Urgency Ordinance 2021-21, which implemented the State’s SB 9 regulations. This code amendment would codify the Walls, Fences and Landscaping Standards, several Zoning Administrator Determinations and Urgency Ordinance 2021-21. The code amendment also includes modifications to some sections of the Zoning Code to align with current State law and provides minor clarifications based on past practice.

Zoning Administrator Determinations are staff-level interpretations of the code that provide clarification and ensure consistent interpretation for sections of the Zoning Code that are ambiguous or for uses and developments that are not clearly regulated in the Code. Many of these Zoning Administrator Determinations are used regularly by Planning Staff in day-to-day operations and during plan check, such as the determination that establishes requirements for the placement of HVAC units (air conditioners) or pool equipment. Although these Zoning Administrator Determinations function similarly to other regulating documents such as the Zoning Code, k eeping these procedures separate from the Zoning Code causes confusion and reduces transparency of City requirements and regulations.

June 23
rd Planning Commission Study Session

On June 23, 2025, the Planning Commission provided staff the following comments as part of a study session introducing the Zoning Code Amendment (the June 23, 2025 Planning Commission Report, Exhibit A and video are linked below):

• Commissioners expressed an interest in lowering the proposed parking rate for group counseling to the office parking rate (four spaces per 1,000 square feet of gross 432
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floor area. As proposed, group counseling would be parked at a rate of ten spaces per 1,000 square feet of gross floor area.
• Commissioners expressed an interest in modifying the proposed fences and wall standards to prohibit solid, six-foot-high walls in front setbacks in residential zones. • Commissioners requested staff correct an inconsistency in the naming of a proposed figure.
• Commissioners requested staff modify proposed language to clarify the standards for fences and walls in commercial and industrial zones.
• Commissioners requested the proposed amendments for Section 13-74 (Elevation and screening requirements) be placed after the existing code text.

June 23, 2025 Planning Commission Report:
https://costamesa.legistar.com/View.ashx?M=F&ID=14306930&GUID=B1D0F637- 6BEA-43EE-8FC1-59A601495397

Exhibit A (June 23, 2025 hearing version):
https://costamesa.legistar.com/View.ashx?M=F&ID=14306928&GUID=F256D0E0- 3722-42EF-8155-1AC57A3B805E

Video:
https://costamesa.granicus.com/player/clip/4275?view_id=14&redirect=true

DESCRIPTION

The proposed Zoning Code Amendment includes minor technical modifications within the following sections of Title 13 of the Costa Mesa Municipal Code:

• Chapter I, Section 13-6: Definitions
• Chapter III, Section 13-28: Types
• Chapter IV, Section 13-30: Purpose
• Chapter V, Section 13-32: Development Standards
• Chapter V, Section 13-35: Accessory Dwelling Units
• Chapter V, Section 13-36: Two-Unit Housing Development • Chapter V, Section 13-41: Residential Common Interest Development Standards and Requirements
• Chapter V, Section 13-42.3: Development Standards and Requirements • Chapter V, Section 13-74: Elevation and Screening Requirements • Chapter V, Section 13-75: Fences and Walls
• Chapter VI, Section 13-89: Parking Required
• Chapter VIII, Section 13-111: Definitions
• Chapter IX, Section 13-142: Development Standards
• Chapter XII, Section 13-265.5: Parcel Maps for Urban Lot Splits

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ANALYSIS

The following discussion outlines the proposed revisions to the Zoning Code and provides justification for said revision. The comprehensive strikethrough version is included as Exhibit A of Attachment 1.

Item 1: Fences and Walls

The City Council adopted standards for fences and walls in 1991 and approved revisions to these standards in 2001. While these standards, referred to as the Walls, Fences and Landscaping Standards (included as Attachment 2), were approved by City Council, they were never added to the Zoning Code itself. Rather, they were established as a separate document that could be modified and referenced independently from the Zoning Code.

This has created a cumbersome process when reviewing fence and wall proposals.

Staff proposes to codify the Walls, Fences and Landscaping Standards, provide clarity where the standards are ambiguous and modify the situations where a height increase is permitted for walls with a minor modification, while increasing the height limit of walls near the front of a property. These changes are proposed to consolidate City regulations, improve efficiency of application reviews, provide clarity on current standards, and create objective, rather than subjective, design standards, as required by State law. Nearby cities have similar requirements to the amended code section with front yard wall height limits between three and four feet and six to ten feet on interior property lines, depending on the zone.

Affected sections:
• 13-28: Types
• 13-75: Fences and Walls

Item 2: Group and Individual Counseling

Over the past couple of decades , the Zoning Administrator has made several written determinations related to group and individual counseling. Ultimately, these Zoning Administrator Determinations created the following requirements:

• Group counseling is substantially similar to the “Trade and Vocational Schools” use in terms of operating characteristics and parking demand. • Individual counseling is substantially similar to the “General Office” use in terms of operating characteristics and parking demand.

These Zoning Administrator determinations established a parking rate for group counseling of ten spaces for every 1,000 square feet of gross floor area and a parking rate of four spaces for every 1,000 square feet of gross floor area for individual counseling. It was also determined that the two types of counseling businesses would be permitted, 434
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conditionally permitted or prohibited based on their corresponding related use that appears in the land use matrix. Within the Zoning Code and Zoning Administrator Determinations, however, ambiguity still exists on the definition of a group counseling use compared to an individual counseling use. Regulating and defining these two uses are important from a land use standpoint because the two uses have very different traffic and parking demand patterns and can impact surrounding properties differently. For example, individual counseling generally consists of a client parking demand of one or two vehicles as families tend to carpool to sessions, or an individual client who would occupy only one car. Group counseling typically has a higher parking demand, as there are typically more clients occupying a business in a similar or larger amount of space and who typically drive individually to the location. These differences in parking demand and vehicle trips can result in a greater impact to surrounding properties for group counseling, compared to individual counseling uses.

The proposed Zoning Code Amendment provides a definition for individual counseling to clearly differentiate between group and individual counseling , adds individual counseling to the Citywide Land Use Matrix (Section 13 -30), aligned with the requirements of the “General Office” use, and also codifies the previously established parking rate for individual and group counseling , separately. These changes are proposed in an effort to consolidate City regulations, improve efficiency of application reviews, and create objective, rather than subjective, design standards, as required by State law. Nearby cities also consider individual counseling as an office use, however they do not define group counseling in their Zoning Codes. In some cities, individual counseling is parked at a medical rate, but is most commonly parked at the office rate, particularly when the provider is not a licensed medical professional.

Affected sections:
• Chapter I, Section 13-6: Definitions
• Chapter IV, Section 13-30: Purpose
• Chapter VI, Section 13-89: Parking Required

Item 3: Exposed Pipes and Conduits

In 2008, the Zoning Administrator issued a determination that new pipes, conduits, ducting and other plumbing and mechanical elements should not be present on the exterior of buildings where visible from off -site, adjacent buildings, private yards or common space. This determination was implemented due to a common practice of installing new pipes for plumbing repairs or fire sprinklers, ductwork for HVAC system, or other items on the exterior of a building’s walls or roof rather than within the structure.

These elements are prevalent due to the age of many commercial and industrial buildings and multifamily developments within the City and the expense of modifying these buildings to locate the elements within the structure.

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The proposed Zoning Code Amendment codifies this Zoning Administrator Determination by prohibiting plumbing pipes, vents, ducting, fire sprinkler systems and electrical conduits from being installed on exterior walls of a building. The code amendment provides an objective exception for exi sting pipes and conduits , which permits existing elements to be painted to match the wall or roof to satisfy the requirement. However, if the wall or roof on which the pipe or other element will be placed is structurally altered or demolished, then the wor k does not qualify for the objective exception and the element must be placed within the interior of the building.

These requirements are aimed to reduce clutter and prevent unsightly pipes and conduits on the side of buildings. Further, there is an exception for existing elements to avoid placing a financial burden on long time property owners. These changes are proposed in an effort to consolidate City regulations, remove unnecessary financial burdens on property owners and create objective, rather than s ubjective, design standards, as required by State law. Other nearby cities also require the screening of ducts and other elements, similar to the proposed changes to Costa Mesa’s Zoning Code.

Affected sections:
• Chapter V, Section 13-74: Elevation and Screening Requirements

Item 4: Antenna Screening

In 2015, the Zoning Administrator made a determination related the screening of antenna and their support structures. The Zoning Administrator acknowledged that, while the Zoning Code is clear that antennas themselves must be screened, is it unclear if the ir support structures and equipment need to be screened as well. The Zoning Administrator determination clarified that both antenna and their support structures need to be screened in order to lessen the visual impacts of the entire structure. While existing State and Federal laws related to antennas, including the Telecommunications Act of 1996 and AB 57 do not preclude cities from requiring screening, they do identify strict review timelines (also known as a “shot clock”) and parameters under which a telecommunications facility application could be denied (i.e. screening requirements cannot be the sole basis to deny an application). The proposed changes are consistent with some nearby cities, which require screening of all elements of the antenna.

The proposed Zoning Code Amendment clarifies that screening is required for ground mounted antenna and any support structures and equipment. This change is proposed in an effort to consolidate City regulations, reduce the presence of unsightly uses within the City, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
• Chapter IX, Section 13-142: Development Standards

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Item 5: SB 9 Ordinance

California Senate Bill (SB) 9 took effect on January 1, 2022. SB 9 permits the subdivision of Single Family Residentially zoned parcels into no more than two parcels, and the construction of two units on each parcel. In response to this law, the City passed Urgency Ordinance No. 2021-21 which adopted the requirements outlined in SB 9. The updated regulations of Urgency Ordinance No. 2021-21 were not added to the Zoning Code.

The proposed Zoning Code Amendment integrates the requirements outlined in Urgency Ordinance No. 2021-21 and provides three points of clarification, specifically related to driveways on subdivided parcels, the number of units permitted on properties under SB 9 and minimum parking requirements. Under State law, and per HCD guidance, SB 9 permits up to four units for development constructed under the law. For un- subdivided projects (“Two-Unit Housing Development”) two accessory dwelling units (ADUs) are permitted on the property in addition to the two primary units. For subdivisions (“Urban Lot Splits”), each property may have up to one primary unit and one ADU, or two main units, for a total of four units within the development. This bill has been associated with the saying “all roads lead to four” to further emphasize the possibilities to construct up to four units in the aforementioned scenarios. Also, clarification has been added to permit one driveway per resultant lot in the case of urban lot split projects and to permit more than one garage parking space per unit, rather than limiting projects to a maximum of one garage parking space per unit. These changes are proposed in an effort to align the City’s Zoning Code with State law.

Affected sections:
• Chapter V, Section 13-36: Two-Unit Housing Development • Chapter XII, Section 13-265.5: Parcel Maps for Urban Lot Splits • Urgency Ordinance No. 2021-21

Item 6: Accessory Dwelling Units

The City’s latest accessory dwelling unit (ADU) ordinance update went into effect on May 1, 2025. Subsequent conversations with HCD required further, minor amendments to the City’s ADU requirements to meet State law. Staff met with HCD on May 14, 2025, to further discuss these changes, and HCD staff ac knowledged that the ordinance substantially met state requirements, and the minor revisions suggested did not necessitate the need to issue a formal letter to the City. These amendments most notably include clarification that ADUs and JADUs (Junior Accessory Dwelling Units) do not trigger a requirement for fire sprinklers in the main residence and increased the objectivity of requirements regarding stairways leading to second story ADUs. These changes are proposed in an effort to align the City’s Zoning Code with State law.

Affected sections:
• Chapter V, Section 13-35: Accessory Dwelling Units
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Item 7: Contiguous Window Area

In 2008, the Zoning Administrator issued a determination clarifying the definition of “contiguous window area” within the Zoning Code, specifically for the purpose of determining the allowable sign coverage on windows. While the Zoning Code does clearly limit the amount of window signage permitted as “20% of contiguous window area,” the definition of “contiguous window area” is limited. Over the past several years, staff have received questions regarding the meaning of "contiguous" in various scenarios, including how mullion width affects window continuity and whether windows located on separate façades can be considered contiguous.

The proposed Zoning Code Amendment includes additional language to the existing definition of “contiguous window area” for improved clarity, along with the addition of a new diagram (see below) to serve as a visual aid. The proposed changes aim to objectively define the limits of “contiguous” and establish a maximum width for mullions and other elements to still be considered contiguous window area. The maximum width was selected after consulting with the Building Division to determine a realistic limit.

These changes are proposed to consolidate City regulations, improve efficiency of application reviews, provide clarity on current standards, and create objective, rather than subjective, design standards, as required by State law.

Figure 1: Example of Contiguous Window Area

Affected sections:
• Chapter VIII, Section 13-111: Definitions

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Item 8: Mechanical Rooms

In 2017, the Z oning Administrator made a determination that allows deduction of the square footage of electrical and mechanical rooms from the gross area calculation , specifically for the purpose of calculating parking requirements. The determination intended to reduce the parking requirements with the understanding that mechanical rooms cannot be used for any purpose other than to store mechanical equipment. Other nearby cities similarly exempt mechanical rooms from a building’s gross floor area.

The proposed Zoning Code Amendment deducts the square footage of mechanical and electrical equipment, along with the typically required three-foot service clearance (as vetted with the Building Division), from the gross floor area of a building. This amendment will improve the visual character of the City by incentivizing the location of mechanical equipment within main structures, rather than placing mechanical equipment on rooftops or along the side of buildings. These changes are proposed in an effort to consolidate City regulations, improve efficiency of application reviews, incentivize the location of mechanical equipment indoors, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
• Chapter VI, Section 13-89: Parking Required

Item 9: Screening of Ground Mounted Equipment

In 2017, a Zoning Administrator Determination established placement standards and recommended mitigation measures for ground mounted mechanical equipment when distance requirements can not be met in residential zones. The Zoning Code itself currently offers limited guidance on the placement of ground-mounted electrical and mechanical equipment. Requirements for mechanical and electrical equipment are necessary as these devices are often unsightly and can produce noise levels that create a nuisance to abutting neighbors. These requirements are consistent with the standards of other nearby cities, which also require screening from the public right of way and adjacent properties.

The proposed Zoning Code Amendment incorporates the 2017 Zoning Administrator determination into the Zoning Code, with adjustments to account for new State laws. This update would codify the placement and screening standards previously established, and also modify the language to address setbacks related to mechanical equipment associated with Accessory Dwelling Units (ADUs) and SB 9 projects. These changes are proposed in an effort to consolidate City regulations, reduce the presence of unsightly development within the City, and create objective, rather than subjective, design standards, as required by State law.

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Affected sections:

• Chapter V, Section 13-74: Elevation and Screening Requirements

Item 10: Raised Decks

Currently, the Zoning Code is silent regarding raised decks in residential zones.

According to the Zoning Code, structures under six and a half feet in height in the R1 zone and 15 feet in multifamily zones are permitted to have zero side and rear setbacks.

Structures over these limits must meet the setbacks established for the property’s zone.

While this provision is meant to allow low profile structures within side and rear setbacks, it has also allowed for raised decks, under six and a half feet but still above finished grade, to encroach into required setbacks, which has the potential to raise privacy concerns for adjacent neighbors. Some nearby cities limit decks within setbacks to a maximum height of 18 inches.

The proposed Zoning Code Amendment would require that all raised decks with a finished floor height of more than 18 inches above finished grade comply with the main structure setbacks established in the applicable zone. This amendment will ensure that elevated decks are appropriately distanced from property lines, therefore reducing visibility into neighboring yards and preserving the privacy of neighboring properties.

These changes are proposed in an effort to protect the privacy of residents, and create objective, rather than subjective, design standards, as required by State law.

Affected sections:
• Chapter V, Section 13-32: Development Standards
• Chapter V, Section 13-41: Residential Common Interest Development Standards and Requirements
• Chapter V, Section 13-42.3: Development Standards and Requirements

Item 11: Shared Parking Requirements

The Zoning Code requires new developments, major remodels, and new tenants to provide a minimum number of parking spaces based on the specific use of the property, as outlined in Table 13-89 of the Costa Mesa Municipal Code. This table assigns a parking ratio (such as spaces per square foot of building area) to each land use type, including retail, office, restaurant, and other non -residential land use types. Most projects meet their parking requirement by providing the minimum number of spaces on- site, according to the standard ratios in the code. However, in cases where a property contains multiple uses—such as a retail center with restaurants, shops, and office spaces— the standard calculation can sometimes overestimate parking needs. This is because it assumes that all users will generate their peak parking demand at the same time or that all patrons are only going to one of the businesses onsite, which is typically not the case.

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Shared parking provisions are specifically designed for developments with a mix of uses located on a single property or within a cohesive development project. These developments are eligible to request a shared parking analysis to demonstrate how different uses on the site generate parking demand at different times of the day or week.

For example, an office use may peak during weekday business hours, while a restaurant use may peak in the evening or on weekends. By considering these demand patterns, the total required parking can often be reduced while still adequately serving all uses.

A single-use site (such as a stand-alone restaurant or office building) would not be eligible for a shared parking reduction because its parking demand is not distributed across different uses or time periods.

Currently, Costa Mesa uses the "City of Costa Mesa Procedure for Determining Shared Parking Requirements" adopted by City Council Resolution 85- 56 in 1985. Under this method, staff calculates the hourly parking demand for each individual use on the site throughout the day, add these demands together for each hour, and then set the parking requirement based on the highest combined hourly total — the peak demand period. This method uses a fixed demand table developed in the 1980s, which is now outdated. It does not account for newer business models, emerging land uses, or changes in hourly demands on existing use types.

This Zoning Code Amendment proposes to modernize the shared parking demand calculation by adopting a new table based on current industry standards. The sources for this updated table are:

• Urban Land Institute (ULI) Shared Parking, 3rd Edition • Institute of Transportation Engineers (ITE) Parking Generation, 6th Edition

The new table updates the demand factors for traditional uses and adds contemporary uses not considered in the original 1985 model, including:

• Breweries
• Dance, martial arts and music studios
• Health and fitness facilities
• Other prevalent uses operating in Costa Mesa today

The proposed shared parking demand table assigns a parking demand ratio by hour and by use type. For each hour of the day, each land use is given a percentage of its peak parking demand. For example:

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Table 1: Example of Parking Demand by Hour
Land Use Medical/Dental Office
Floor Area 5,000 square feet
Code Required Parking 30 parking spaces
Time Hourly Parking Demand
Hour 1 16 parking spaces
Hour 2 28 parking spaces
Hour 3 9 parking spaces

A mixed-use development would calculate the total parking demand for each hour of the day by summing the results of demand of each use which is calculated multiplying the building area of each use by its parking ratio and then applying the hourly demand percentages from the table. The hour with the highest combined total becomes the required number of parking spaces for the project.

Table 2: Example of Peak Parking Demand Calculations
Land Use Medical/Dental Office Dance/Martial Arts
Studios
Total
Floor Area 5,000 square feet 9,000 square feet 45,000 square feet Code Required Parking 30 parking spaces 90 parking spaces 120 parking spaces Time Weekday Weekend Weekday Weekend Weekday Weekend
6:00 AM 0 0 63 71 63 71
7:00 AM 2 2 38 41 40 43
8:00 AM 28 28 38 32 66 60
9:00 AM 28 28 63 45 91 73
10:00 AM 30 30 63 32 93 62
11:00 AM 30 30 72 45 102 75
NOON 16 16 55 45 71 61
1:00 PM 28 0 63 28 91 28
2:00 PM 30 0 63 23 93 23
3:00 PM 30 0 63 28 93 28
4:00 PM 28 0 72 50 100 50
5:00 PM 26 0 82 90 108 90
6:00 PM 20 0 90 86 110 86
7:00 PM 9 0 80 55 89 55
8:00 PM 4 0 70 28 75 28
9:00 PM 0 0 60 9 60 9
10:00 PM 0 0 31 2 31 2
11:00 PM 0 0 10 2 10 2
MIDNIGHT 0 0 0 0 0 0

The peak parking demand for this mixed-use development is 110 parking spaces, ten spaces below 120 spaces required without taking hourly demand variations into account.

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This method reflects real-world patterns of use and can lead to a more efficient allocation of parking spaces, reducing unnecessary over-parking while still ensuring the site can handle its busiest periods.

Updating the shared parking methodology will:

• Provide clarity and predictability for applicants and staff by using well-established, current data sources

• Better reflect today’s development patterns, including newer business models and mixed-use environments

• Support economic development by reducing the need for costly and time- consuming parking deviation requests

• Encourage efficient use of land while still ensuring sufficient parking is provided

By modernizing the City’s shared parking procedures, Costa Mesa can promote a business-friendly approach while maintaining responsible parking management.

GENERAL PLAN CONFORMANCE

The proposed Z oning Code Amendment would continue to allow for orderly, high - quality development within Costa Mesa and encourage economic growth in the community. It would clarify regulations that maintain privacy for residential neighborhoods and encourage good design throughout the City. The Zoning Code Amendment also provide s allowances for development and redevelopment of properties to encourage new and existing businesses to operate within Costa Mesa.

The implementation of objective standards included in the amendments provides support for development within the City and str eamlines approval processes for building permits and entitlements. These amendments are “clean up” revisions in nature, and do not impose any substantial policy decisions or changes to the Zoning Code.

The proposed ordinance is in conformance with the City’s General Plan including:

• Policy LU-3.10 Minimize effects of new development on the privacy and character of surrounding neighborhoods.
• Policy LU-6.2 Continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional -serving commercial centers.
• Policy LU-6.7 Encourage new and retain existing businesses that provide local shopping and services.
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• Policy LU-6.19 Provide flexibility and support for development of residential, office, small retail centers, and similar uses that would serve local residents and would also benefit from the high visibility along major corridors outside of significant commercial or industrial nodes.

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, clean up updates to the City’s Municipal Code provisions will have a significant impact on the environment.

ALTERNATIVES

The Planning Commission has the following alternatives:

1. Recommend City Council approval with modifications. The Planning Commission may recommend approval with modifications to the amended Code section or removal of items from the Zoning Code Amendment provided that the revisions are consistent with State law.

2. Recommend that the City Council not adopt the minor technical changes to the City’s Zoning Code. The Planning Commission may recommend that the City Council not adopt the proposed Zoning Code amendments.

3. Continue the Ordinance review to a date certain . The Planning Commission may continue the item to a date certain with direction for staff to return with additional information, changes and/or clarifications for Planning Commission consideration.

NOTICE

Pursuant to government Code Section 65854(a), a 1/8th page public notice was published once in the Daily Pilot newspaper no less than 20 days prior to the July 28, 2025, public hearing.

CONCLUSION

The proposed Zoning Code Amendment provides technical updates and clarifications that are consistent with the General Plan and State law. This is intended to improve the efficiency of the plan check and entitlements process and encourage high -quality development within the City of Costa Mesa while minimizing effects on neighboring properties.

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ATTACHMENTS

1. Draft Resolution

2. Legislative Digest

3. Draft Shared Parking Requirements

4. Current Shared Parking Requirements

5. Zoning Administrator Determinations

6. Walls, Fences and Landscape Standards
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PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: AUGUST 25, 2025 ITEM NUMBER: PH-1 SUBJECT: CONTINUED FROM THE JULY 28 TH, 2025 PLANNING COMMISSION MEETING. UPDATES TO THE CITY OF COSTA MESA PROCEDURE
FOR DETERMINING SHARED PARKING REQUIREMENTS (PCTY-25-
0001)
FROM: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/

PLANNING DIVISION
PRESENTATION BY: CAITLYN CURLEY, ASSISTANT PLANNER &

DANIEL INLOES, AICP, ECONOMIC DEVELOPMENT
A

DMINISTRATOR

FOR FURTHER

INFORMATION
CONTACT:

CAITLYN CURLEY
714-754-5692
[email protected]

RECOMMENDATION
St
aff recommends that the Planning Commission recommend that the City Council:

1. F
ind that the project is Exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“Common Sense Exemption”); and

2. A
pprove the amendments and adopt a Resolution updating the City of Costa Mesa Procedure for Determining Shared Parking Requirements.

APPLICANT OR AUTHORIZED AGENT
T
he subject Zoning Code Amendment is a City-initiated request.

BACKGROUND
F
or more than four decades, the City of Costa Mesa’s Procedure for Determining Shared Parking Requirements (Shared Parking Requirements) has served as the basis for evaluating parking needs in multi -use developments. This tool calculates parking demand by considering variations in peak hours and visitation patterns across multiple Attachment 11
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uses on a single site. Over time, however, evolving development trend s, new types of tenant uses, and trip patterns have changed and the shared parking table’s limited list of land uses and older hourly distribution of demand needs to be updated to more accurately reflect current parking demand. In accordance with Table 13-89 of the Costa Mesa Municipal Code (CMMC), the Shared Parking Requirements table may be amended by City Council resolution. Staff is therefore recommending an update to align the table with current conditions and improve its effectiveness. The existing procedure is provided under Attachment 3 for reference.

Shared Parking

To understand the role of the shared parking procedure, it is important to first outline the City’s base parking requirements under the Zoning Code. The Zoning Code requires new developments, major remodels, and new tenants to provide a minimum number of parking spaces based on the specific use of the property, as outlined in Table 13-89 of the Costa Mesa Municipal Code. This table assigns a parking ratio (such as spaces per square foot of building area) to each land use type, including retail, office, restaurant, and other non-residential land use types. Furthermore, Table 13-85 of the CMMC provides the minimum number of parking spaces for multi-family residential development.

For properties with a single tenant or use, these minimum parking requirements ensure that all parking demand for that use, including employee, visitor, or resident parking, is accommodated.

Where a property contains multiple tenants or uses, also known as a mixed -use development, Table 13-89 of the CMMC (Non-Residential Parking Standards) specifies that parking shall be determined using the Shared Parking Requirements. Per the CMMC, mixed-use developments are defined as:

The development of lot(s) or structure(s) with two or more different land uses—such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment—in a single building or a physically integrated group of structures.

For mixed-use developments, staff works with the applicant to obtain a detailed list of all tenants, including their specific land use and the square footage of each suite. This information is then applied to the City’s Shared Parking Requirements table, which calculates the site’s peak parking demand. The shared parking model evaluates hourly parking demand from 6:00 a.m. to 12:00 a.m., applying use -specific percentages to determine the actual parking need throughout the day. The result of this analysis is code- required parking that more accurately reflects parking demand for the mixed -use development and allows the owner to more effectively utilize the property.

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The process for the Shared Parking Requirements table includes the following steps:

1. Uses peak parking requirements for each use in the development according to the standards in the CMMC.

2. Uses industry standard hourly distributions stored in the Shared Parking Requirements table to determine the hourly and daily (weekend/weekday) parking requirement for each use. The industry standards sources for these hourly distributions are:

• Urban Land Institute Shared Parking, 3rd Edition and
• Institute of Transportation Engineers (ITE) Parking Generation, 6th Edition

3. Adds the total demand for all uses in the development by hour ( for weekend and weekday separately) producing peak parking demand for the site, ensuring there is sufficient parking at any given hour for all tenants.

4. Then identifies the hour with the highest peak for weekdays and weekends, and the higher of the two is the established code-required parking for the entire development.

Item Continued

This proposed update is one of 11 technical code clean -up items presented to the Planning Commission for review and recommendation to the City Council. Items 1-10 were reviewed by the Planning Commission previously on July 28, 2025 and received a recommendation of approval. At the staff’s request, the Planning Commission continued the Procedure for Determining Shared Parking Requirements to the regularly scheduled meeting of August 25, 2025, to be presented to the Planning Commission for consideration and recommendation to the City Council. This date was selected to allow for this item to be reviewed by City Council with the other technical code clean-up items scheduled for September 16, 2025.

This item was continued from the previous meeting to allow staff additional time to review and confirm the methodology used in the analysis. The July 28, 2025, Planning Commission Report and video are linked below:

July 28, 2025 Planning Commission Report:
https://costamesa.legistar.com/View.ashx?M=F&ID=14545743&GUID=2B53E72A- 0BDE-402E-8A2B-A0DA8C1A4611

Video:
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https://costamesa.granicus.com/player/clip/4284?view_id=14&redirect=true

DESCRIPTION

Staff is proposing to amend the Shared Parking Requirements to add 12 additional uses to the table and update the hourly percent of demand for all listed uses with the available current data from the original table and industry standard sources. The proposed updates do not change the methodology of the table, do not alter the procedure on how the table is used, and do not alter the codified parking ratios. As proposed, the updates should provide a more accurate assessment of parking demand on mixed -use development sites resulting in a more efficient use of parking resources.

ANALYSIS

The following analysis provides detail on the proposed revisions, including updated hourly adjustments, land use categories, and supporting case study results. The proposed changes are included as Attachment 4 (Proposed Shared Parking Requirements).

Hourly Adjustment Updates

To ensure consistency and accuracy, the Shared Parking Requirements was updated using the methodology and sources use d to develop the existing table. The table is based on data developed from Urban Land Institute (ULI) research, adjusted to use the City’s codified parking ratios, and is compiled into an Excel-based table that outlines the expected percentage of required parking by hour for various land uses.

The hourly adjustments for all the land uses within the table came from industry standard sources. The proposed table collected 23 uses listed within the ULI Shared Parking, 3 rd
Edition. Each use has its own list of hourly adjustments from 6:00 AM until midnight. Staff used a weighted average to combine adjustments for visitors and employees and then scaled the weekday or weekend adjustments accordingly to ensure relationship between weekdays and weekends was maintained. Staff’s approach is consistent with the methodology used to create the existing table.

The proposed table also collected three additional common uses from the ITE Parking Generation, 6
th Edition. These three uses were pulled from ITE because ULI did not have data available for these specific uses. The uses include Fast Food w/Drive Thru, Breweries and Distilleries, and Other (small) Retail. The methodology and calculations have been reviewed and approved by the City’s Transportation Division.

Existing and Proposed Land Uses

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As previously mentioned in the background section, the proposed amendment to the City’s Shared Parking Requirements table adds new land uses, updates to the existing uses, and updates demand factors; all to improve the accuracy of parking demand calculations. The goal of the Shared Parking Requirements table is to present a realistic picture of true parking demand based on contemporary land use patterns.

In the absence of specific shared parking factors for uses, staff must rely on flat maximum hourly demand rates that do not account for variations by time of day. Using flat rates for mixed-use development results in surplus parking. This results in an increase in requests for parking deviations, independent parking studies, or the loss of a potential new business.

To update the table, staff reviewed the uses already listed in the City’s primary parking requirement table (Table 13-89). Next, staff analyzed land uses in the Land Use Matrix (Table 13-30) that exhibit unusual or concentrated peak-hour parking demand patterns (e.g. Health Clubs/Physical Fitness Facilities). Staff then focused on common uses in Costa Mesa with sufficient local data to support inclusion, such as active entertainment and event centers. While not currently listed in the Land Use Matrix, these uses have been the subject of multiple entitlements accompanied by parking studies, providing a strong basis for their addition to the table, particularly given their increasing frequency in mixed- use developments.

Over the last four decades, the City’s land use mix has evolved significantly. The proposed update adds 12 additional uses to the table. S ome broad categories from the 1980s table, like retail, office, and restaurant, are now broken into smaller, more specific subcategories. Retail and restaurant categories, for example, have diversified into specialized subcategories with distinct operating and parking characteristics. For example, restaurants range from fast food with drive-throughs to fine dining, each with unique parking patterns, whereas the original Shared Parking Requirements table based on 1985 data, only distinguished between small restaurants (under 3,000 square feet) and large restaurants (over 3,000 square feet). This change accounts for differences in operating hours and customer patterns within these groups, resulting in a more accurate and fairer estimate of parking needs.

Similarly, new popular uses were not represented in the original model. These include uses that were not previously considered, such as physical fitness facilities, dance studios, and event centers ; business types that are now common in many mixed -use developments. These uses have unique parking patterns and including them in the table makes the parking analysis more precise and versatile.

The proposed amendment keeps the 14 existing uses in the S hared Parking Requirements table, but makes an important change, each use now has its own set of hourly parking adjustments. In the current table, some uses, such as Office and Banks, have different parking ratios per the CMMC, so they were separate columns but share the 451
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same hourly pattern of use. This approach can oversimplify real parking needs. By assigning unique hourly demand to every use, the updated table more accurately reflects how parking needs change throughout the day for each type of business or activity.

On Table 1: Comparison of Existing and Proposed Uses provides a side-by-side comparison of existing uses currently provided in the Shared Parking Requirements table and the uses proposed as part of this update.

Table 1: Comparison of Existing and Proposed Uses
Existing Proposed
Retail
• Retail • Grocery Store
• Department/Super Store
• Retail (other)
• Furniture and Appliance Stores with Greater Than 5,000 SF of Floor Area
Office
• Office
• Medical Office
• Banks

• Office < 25,000 SF
• Office >= 25,000 SF
• Medical/Dental Office
• Banks /Savings and Loans/ Credit Unions
Residential
• Studio
• One Bedroom
• Two Bedroom
• Three Bedrooms or More
• Studio
• One Bedroom
• Two Bedroom
• Three Bedrooms or More
Restaurant
• Restaurants 1st 3,000 SF
• Restaurants over 3,000 SF
• Restaurants, less than 300 SF of Public Area
• Fast Food w/ Drive Through
• Restaurants without Breakfast
• Restaurants with Breakfast
• Bars and Nightclubs
• Breweries and Distilleries
Tourism and Hospitality
• Guest Rooms
• Restaurant/ Lounge
• Convention Center
• Hotels/Motels (see corresponding use for ancillary
activities)
• Event Centers
Entertainment & Fitness
• Theaters and Cinemas • Health Clubs/ Physical Fitness Facilities • Studios, Dance, Martial Arts, Music
• Movie Theaters
• Auditoriums
• Active Entertainment*, Open After 11 PM and/or Serves Alcohol
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• Active Entertainment*, Closes Before 11 PM and No
Alcohol
*Active Entertainment is defined in staff policy as retail locations that focus on physical activities. (e.g. Escape Rooms, Hatchet Throwing, Cold Plunge, Simulators, etc.) Uses Not Included

Staff also examined the potential to add other uses where unique parking patterns were suspected. However, sufficient local or regional data could not be secured to produce reliable hourly distributions for demand for the following:

• Churches and other religious assembly uses

• Racquetball and tennis facilities

• Industrial uses (including specialized manufacturing or distribution)

Application of the Updated Shared Parking Requirements Table

To determine the effectiveness of the proposed updates, s taff conducted two case studies and compared them to the current S hared Parking Requirements table. The results of the case studies are shown in Table 2. Case Study 1, is a large shopping center consisting of a supermarket and grocery store, restaurants, medical offices, smaller retail tenants, and physical fitness studios. Case Study 2 , is a strip mall with smaller retail tenants, medical offices, and restaurants.

Table 2: Summary of Case Study Results

Case Study 1 Case Study 2
Code Required Parking 1123 parking spaces 250 parking spaces 1980s Shared Parking Demand 1110 parking spaces 234 parking spaces Proposed Shared Parking
Demand
960 parking spaces 209 parking spaces
Parking Provided On-Site 1011 parking spaces 225 parking spaces Parking Surplus with New Data 51 parking spaces 16 parking spaces

In both test cases, the new summary table more accurately reflected the parking demand onsite based on site observations throughout the year and specific site assessments during the development of this report . To determine the accuracy of the proposed updates, staff conducted site visits on the weekend and weekdays at the identified peak parking demand hour, which were 1:00 p.m. and noon for Case Study 1, and 6:00 p.m. and noon for Case Study 2. In both case studies, Staff observed a parking surplus on-site at peak demand hours on both weekends and weekdays. Furthermore, not only did the new demand data result in a lower parking demand than the data from the 1980s, but it 453
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