The deletion of subsection (7) is an important first step in bringing Costa Mesa’s reasonable accommodation ordinance into compliance with state and federal fair housing requirements. However, in order to bring the entire reasonable accommodation regulation into compliance, Costa Mesa will need to make additional changes. Given the structure of the current ordinance, it will be difficult to do that by simply editing or rewording the text. Instead, we propose that the City repeal sections of the ordinance in their entirety and replace them with new ones.
To begin with, Section 13-200.62 (f) has problems that cannot be remedied without restructuring. That section is a list of findings “all of which are required for approval” of a reasonable accommodation request. But the list combines factors that the person or entity requesting the accommodation must establish in order to be entitled to an accommodation, i.e., the topics of Findings (1) and (2), with factors that are the City’s burden to establish if it is going to deny the accommodation, i.e., the topics of Findings (3), (5), and (8). These two types of topics need to be separated to clearly delineate who – the person or entity making the request, or the City – bears the burden of proof.
As written, Findings (3), (5), and (8) require affirmative findings that there is no undue financial or administrative burden, no direct threat, and no fundamental alteration for the approval of a reasonable accommodation request. In other words, they require that the City affirmatively find that those factors are not present. This has the effect of putting the burden on the person or entity making the request to establish the absence of an undue burden or fundamental alteration. That is contrary to fair housing law, which makes it the City’s burden to establish that there is an undue burden, direct threat, or fundamental alteration before denying a reasonable accommodation request. Fair housing law does not permit the City to make the establishment of the absence of those factors a requirement.
Undue burden, direct threat, and fundamental alteration can properly be in the reasonable accommodation ordinance, but the regulation needs to be structured in a way that makes clear that if the person or entity making the request establishes the factors addressed in Findings (1) and (2), the City must grant the accommodation unless it finds that granting the -25-
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accommodation will impose an undue financial or administrative burden, will result in a direct threat, or will result in a fundamental alteration (i.e., the inverse of the current language regarding findings). It does not work to combine them in the same list as the elements that the person or entity making the request has the burden to establish. The two types of findings must be bifurcated.
Moreover, the current structure of the reasonable accommodation ordinance also makes it difficult for the ordinance to adequately reflect the law governing the findings that the City must establish to deny an otherwise valid reasonable accommodation request. For example, where the ordinance authorizes the City to deny a reasonable accommodation request based on a direct threat finding, it must also state that in such a case the City must find that the threat cannot be mitigated by reasonable accommodation. 28 C.F.R. §35.139. A finding that granting a reasonable accommodation would be an undue burden or fundamental alteration must also be made “after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.” 28. C.F.R. §35.150(a)(3). It will be difficult to add such clarifications in a clear way unless the two types of findings under Section 13-200.62(f) are separated and the findings for which the City bears the burden are written in the affirmative.
Section 13-200.62 (f) also includes factors that do not fall within either the burden of the person or entity making the accommodation request or the allowable reasons for the City to deny a request, but instead layer on additional obligations that are not permitted under fair housing law. Finding (4) requires a finding that the “requested accommodation is consistent with surrounding uses in scale and intensity of use.” The City cannot apply different occupancy, use, or development standards to shared housing for people with disabilities as compared to other forms of housing, nor can it require a household of people with disabilities to be limited to fewer people than a single housekeeping unit would be allowed to have. To the extent that a requested accommodation would result in housing that was vastly different from permitted housing uses, City staff could evaluate whether granting the request would constitute a fundamental alteration to a City program or would result in an undue burden or direct threat. But simply having the same number of people that a single housekeeping unit would -26-
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be allowed to have, or failing to meet another occupancy or development standard that was not also applied to single housekeeping units, could never fall within one of those permitted reasons for denying an accommodation request. Consistency with other uses should therefore not be listed as a separate required finding.
Likewise, Finding (6) requires in some instances “a finding that the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants generally.” For the same reasons that the City is removing Finding (7), which also focuses on “facilities of a similar nature and operation” rather than on the specific housing that is at issue for a particular reasonable accommodation request, the City should remove Finding (6). It is just as true that it will be “operationally difficult for staff or the applicants to make this determination given lack of information” for Finding (6) as for Finding (7). Moreover, providing a feasibility study or market study about other housing does not fall within the burden of someone making a reasonable accommodation request. Making such a study a condition of approving a disability-related accommodation is therefore a discriminatory housing practice. This should likewise not be listed as a required finding.
The deletion of Finding (7) should also be accompanied by a revision to the language of Finding (2), which states that, “[t]he requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.” To ensure that City staff interpret Finding (2) consistent with fair housing laws, by focusing on the housing at issue in the request rather than “facilities of a similar nature and operation” elsewhere, Finding (2) should be revised to refer to an equal opportunity to use and enjoy “their dwelling,” “the dwelling at issue in the accommodation request,” or something similar.
In order to bring the reasonable accommodation ordinance into compliance with federal and state fair housing law, the City will also need to revise other portions of the ordinance. As reflected in the settlement agreement, we would welcome the opportunity to work with the City during that portion of its review of the reasonable accommodation ordinance and to provide feedback on any draft revisions of those other sections.
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For those portions of the ordinance as well, it would be most effective for the City to repeal and replace language rather than try to work within the existing structure. For example, Section 13-200.62(b) loads burdensome and irrelevant requirements onto people or entities making reasonable accommodation requests. A lay homeowner who needs an accommodation due to disability should be able to comply with application requirements without having to hire an attorney or other expert to help them understand what they need to do. The City should limit the application to information that is necessary for the City to evaluate whether the person or entity making the request has met their burden, such as the location of the dwelling at issue, the existence of the disability, the nature of the accommodation that is being requested, and the connection between the disability and the requested accommodation. The provisions in Section 13- 200.62(b) that require people or entities making reasonable accommodation requests to provide “[a]ny other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation” ((b)(3)) and “[a]ny other information that the hearing officer reasonably concludes is necessary to determine whether the findings required by subsection (e) of this section can be made” ((b)(7)) are particularly problematic because they are not limited to the information necessary to establish that a person or entity is entitled to a reasonable accommodation.
Section 13-200.62(d) provides that appeals of reasonable accommodation requests will be handled through the same procedures as “any other discretionary permit.” However, the appeals process pertaining to reasonable accommodation requests needs to be navigable and manageable by lay people with disabilities. This provision should be repealed and replaced with new language that requires a prompt, clear statement of the reasons for any denial, establishes a simple procedure for requesting an appeal, provides a reasonable deadline for making requests for an appeal, and eliminates the need for individuals or entities to pay for the City’s review of their reasonable accommodation determination.
Most importantly, the section of the reasonable accommodation ordinance addressing appeals must exempt them from the review procedures that govern general zoning matters in order to respect the privacy of people’s disabilities and disability-related needs during any review process.
Hearings regarding reasonable accommodations requests should not be -28-
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made by legislative bodies, and no public notice should be made regarding reasonable accommodation reviews. Public hearings create an opening for members of the public to express animus against people with disabilities, which imposes an improper barrier to people seeking such accommodations. For example, at the hearings regarding Insight’s reasonable accommodation request, a member of the public told the Planning Commission that a person who is “mentally disabled does not belong in a neighborhood next door to me or any of us in this room,” and someone testified to the City Council that the “mentally ill cannot associate with our children, neighbors.” As you know, hearing those types of comments was traumatic for our client Ms. Doe, who spoke about her own experiences with mental illness, and the ways that staying at Insight’s housing had helped her, at a hearing on Insight’s reasonable accommodation request. Not only is the City not obligated to provide the public with a forum to intimidate and humiliate people like Ms. Doe, but the City cannot put people like her through such an ordeal as a condition of having their accommodation request reviewed. Nor can such animus play any part in the City’s review of an accommodation request. For similar reasons, the ordinance should also make clear that only the person or entity making the request can appeal a decision regarding a reasonable accommodation, in contrast to the current language which permits virtually anyone – including neighbors with an animus against people with disabilities – to appeal.
Finally, Sections 13-200.62(e) and (g), regarding “considerations,” overlap with the required “findings” in Section 13-200.62(f) in a way that impedes consistency with fair housing law. Like Section 13-200.62(f), these sections fail to make clear which elements are the burden of the person making the reasonable accommodation request to establish and which are the City’s burden. Many of them are also improper considerations. For example, the City cannot take into account “whether granting the request would be consistent with the City's General Plan.” By definition, any reasonable accommodation request pertaining to zoning will be inconsistent with the zoning scheme. “Requiring public entities to make exceptions to their rules and zoning policies is exactly what the FHAA does.” Anderson v. City of Blue Ash, 798 F.3d 338, 363 (6th Cir. 2015); City of Edmonds v.
Washington State Bldg. Code Council, 18 F.3d 802, 806 (9th Cir. 1994) (FHA imposes an affirmative duty to reasonably accommodate disabled persons). The question is not whether a requested disability -29-
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accommodation is inconsistent with the City’s General Plan, but whether granting it would fundamentally alter the General Plan. To take another example, the City cannot take into consideration whether “the accommodation would result in a substantial increase in traffic or insufficient parking” (§ 13-200.62(g)(2)) or “create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation” (§ 13-200.62(g)(4)) unless it is also doing so with respect to single housekeeping units. Again, the City cannot impose more stringent development or occupancy standards on housing occupied by people with disabilities than on single housekeeping units, nor can it use vague or undefined conditions as a basis for denial of a reasonable accommodation request. These are examples, and not an exhaustive list, of the issues with subsections (e) and (g) of Costa Mesa’s reasonable accommodation ordinance. We would be happy to provide additional comments or to discuss with you and with City staff in more detail our further thoughts on bringing the ordinance into compliance with state and federal fair housing requirements.
We appreciate your time and attention to our comments and look forward to working with you and the City further on these important access issues for Costa Mesa residents with disabilities. Please let us know if you would like to discuss any of these issues further.
Sincerely,
Autumn M. Elliott
Law Office of Autumn Elliott
Jia Min Cheng
Managing Attorney
Disability Rights California
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Exhibit 2
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December 2022
GROUP HOME
TECHNICAL ADVISORY
CA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
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i
TABLE OF CONTENTS
1. Executive Summary 1
2. Terms Used 5
3. Background 6
4. Framework for Assessing if Local Land Use Policies and Practices Comply with State Housing Laws’ Protections of Group Homes 8
A. Do the Policies and Practices Comply with Housing Element Law and AFFH Requirements? 9
B. Do the Policies and Practices Unlawfully Discriminate Based on Disability or Other Protected Characteristics? 12
i. Intentional Discrimination 14
ii. Discriminatory Effects 17
iii. Reasonable Accommodations 18
5. Supportive Housing and Transitional Housing Requirements 20
6. State Law Provides Broader Protections Than Federal Law 22
7. Common Issues In Local Ordinances That Regulate Group Homes 23 A. Definitions of Single Housekeeping Units or Single-Family Homes 24 B. Requirements that All Group Homes with More than Six Residents Must Obtain Permits to Locate in Single-Family Zones 25
C. Retroactive Compliance 27
D. Spacing Requirements 27
E. Occupancy Limits and Building, Fire, or Other Health and Safety Code Requirements 30
F. Requirements For Operators and Residents 30
G. Civil Actions for Operating Without a Required State License 33 H. Enforcing Generally Applicable Municipal Codes and Other Laws 36
8. Resource Materials and State Contacts 36
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1 1. EXECUTIVE SUMMARY
Group homes
are an especially important type of housing for persons with disabilities.
By supporting their residents’ individualized needs while providing flexible and affordable housing options, group homes help persons with disabilities live in deinstitutionalized settings that facilitate their integration into local communities.
In recent years, some local governments have amended their zoning ordinances to add new regulations for group homes, particularly for recovery residences—group homes that provide housing for persons recovering from alcoholism or drug addiction. These amendments have raised concerns that local governments are not complying with their affirmative obligations under state planning and zoning laws to promote more inclusive communities and affirmatively further fair housing (AFFH). These amendments have also generated disputes and confusion over whether local governments are violating fair housing laws by discriminating against persons with disabilities or other protected characteristics.
Among other concerns, local land use policies and practices can block new group homes from opening, force existing ones to close, and impose costs, legal fees, and administrative burdens that make it difficult for group homes to operate. These concerns arise in the context of a shortage of adequate housing for persons with disabilities, which is a particularly acute problem within California’s broader housing crisis.
With concerns, disputes, and confusion continuing to grow, this Group Home Technical Advisory (Group Home TA) provides guidance on how state planning and zoning and fair housing laws apply when local governments attempt to regulate group homes through land use policies and practices. It is designed to help local governments comply with their obligations under these state laws, including, for example, the Planning and Zoning Law,
1 Housing Element Law,2 AFFH provisions,3 Anti-Discrimination in Land Use Law,4 and the Fair Employment and Housing Act (FEHA)5 (collectively, state housing laws).
The California Department of Housing and Community Development (HCD) is issuing the Group Home TA under its authority to provide guidance about housing law and
1 Gov. Code, § 65000 et seq.
2 Gov. Code, §§ 65580‐65589.11.
3 See, e.g., Gov. Code, §§ 8899.50, 65583, subds. (c)(5),(10). 4 Gov. Code, § 65008.
5 Gov. Code, § 12900 et seq.
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2 policy.6 The primary intended users are local planning agencies and their staff, but group home operators, advocates, and residents may also benefit from this information.
Contents
• Background information about group homes and the essential role they play in providing housing for persons with disabilities (pp. 6-8); • General guidance about overall state housing law standards that (1) require local governments to remove constraints on group homes and affirmatively support them, and (2) prohibit local land use policies and practices that discriminate against group home owners, operators, and residents (pp. 8-23); • Specific guidance about how these standards apply to common issues that arise when local governments attempt to regulate group homes through local land use policies and practices (pp. 23-36);
• Lists of state government resource materials and contacts (pp. 36-37).
Policy Guidance Summary
The Group Home TA’s guidance for how local governments can comply with state housing laws regarding group homes includes the following:
• Housing Element Law and AFFH. Assess whether a policy or practice complies with Housing Element Law and AFFH requirements to avoid constraining housing for persons with disabilities and to affirmatively support this housing and its residents’ fair housing choices (pp. 8-12). Consider the Group Home TA’s examples of specific questions to guide local governments’ analysis of these issues (pp.11-12).
• Discriminatory Purpose or Effect. Ensure that the policy or practice does not discriminate on the basis of disability or other characteristics protected by state law. Apply the Group Home TA’s analysis on how to determine if a policy or practice has a discriminatory purpose or effect and how to implement flexible reasonable accommodation procedures that promptly and efficiently resolve accommodation requests in compliance with state housing laws and regulations. (pp. 12-20).
6 See, e.g., Health & Saf. Code, §§ 50152, 50406, subds. (e), (n), 50456, subd. (a), 50459, subd. (a); Gov. Code, § 65585, subd. (a). The Group Home TA is intended to provide general informational guidance only. It does not constitute legal advice. 682
3 • Supportive and Transitional Housing. Comply with the specific protections for group homes that fall within the definitions of supportive or transitional housing (pp. 20-22).
• State and Federal Law Distinctions. Confirm that a policy or practice complies with state housing laws even if it complies with federal law, because California law provides broader and different protections than federal law (pp. 22-23). • Definition of Single-Family Residence. Avoid restrictive definitions of single housekeeping units or single-family homes that impermissibly constrain group homes from locating in single-family zones. This includes, for example, avoiding definitions that equate group homes with boardinghouses, require all residents to share a common deed or lease, overly scrutinize residents’ living arrangements, or automatically exclude group homes that are owned by for-profit businesses or pay staff to help manage a home’s operations (pp. 24-25). • Group Homes that Do Not Provide Licensable Services. Allow group homes that operate as single-family residences and that do not provide licensable services to locate in single-family neighborhoods, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single-family residences (pp. 25-26).
• Group Homes that Provide Licensable Services to Six or Fewer Residents.
Allow group homes that operate as single-family residences and that provide licensable services to six or fewer residents to locate in single-family neighborhoods, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single-family residences (pp. 25- 26).
• Group Homes that Provide Licensable Services to Seven or More Residents. Ensure that any permitting or approval requirements for group homes that provide licensable services to seven or more residents are consistent with state housing laws (pp. 25-26).
• Preexisting Nonconforming Uses. Avoid retroactively applying a new zoning provision to group homes that were already operating before the provision was enacted (p. 27).
• Spacing Requirements. Avoid requirements for minimum spacing between group homes that go beyond those the Legislature has specified for limited types of licensed facilities and that conflict with state housing laws (pp. 27-29). 683
4 • Occupancy Limits and Building, Fire, or Other Health and Safety Code Requirements. Apply the same, generally applicable, nondiscriminatory occupancy limits and other building, fire, health, and safety requirements to group homes that apply to other housing, subject to reasonable accommodation requirements or the Legislature’s requirements for specific types of licensed facilities, such as those serving persons with limited mobility (p. 29). • Other Requirements for Group Home Operators and Residents. Avoid the other examples of special requirements for operators and residents discussed that can overly constrain group homes, conflict with the duty to affirmatively support this housing, and discriminate on the basis of disability and other protected characteristics. Examples discussed include, among other things, parking requirements, restrictions on residents or staff, neighborhood notice requirements, and local law enforcement registration requirements (pp. 30-33). • State Administrative Procedures for Investigating Licensing Issues. Use the Department of Health Care Services (DHCS) or California Department of Social Services (CDSS) processes for investigating and resolving complaints that unlicensed group homes are providing services that require licenses from these departments (pp. 33-35).
• Public Nuisance and Other Code Enforcement Actions. Use generally applicable, nondiscriminatory laws and code enforcement procedures to investigate and, if appropriate, prosecute group home operators that are creating public nuisances; violating building, housing, fire, or other public health and safety codes; committing fraud; or engaging in other unlawful activities (p. 36).
This summary and the Group Home TA are not intended as all-inclusive guides to every issue that might arise when local governments attempt to regulate group homes. But by following the Group Home TA’s framework and considering how it applies to the examples of common issues, local governments can ensure that their land use policies and practices comply with state housing laws.
Conclusion
Local governments that follow the Group Home TA’s guidance can still address concerns about group homeowners or operators that mistreat or abuse their residents, engage in insurance fraud or other illegal practices, or operate their homes in unsafe manners or in ways that create public nuisances. But research has shown that these problems are limited to a small minority of group homes, with the majority of group homes being well managed and operating compatibly with their surrounding neighborhoods, while providing essential housing resources. Focusing on individual 684
5 group homes that are problematic is more consistent with state law and helps avoid adopting overly broad and constraining zoning regulations for all group homes.
2. TERMS USED
Differen
t laws use the term “group homes” to refer to different types of housing for different populations covered by different regulatory schemes. The following terms refer to various types of residences in which unrelated persons share the residence:
• Shared Living Residences—any housing shared by unrelated persons, including, for example, group homes, recovery residences, some community care residential facilities, some supportive and transitional housing, emergency shelters, boardinghouses, dormitories, etc.
• Group Homes—housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.
• Licensed Group Homes—group homes that provide services that require licenses under state law.
• Unlicensed Group Homes—group homes that may provide some supportive services for their residents but not services that require licenses under state law. • Recovery Residences or Sober Living Homes—group homes for persons recovering from alcoholism or drug addiction in which the residents mutually support each other's recovery and sobriety and that do not require licenses from DHCS because they do not provide alcoholism or drug addiction recovery and treatment services.
• Alcohol or Other Drug (AOD) Facilities—residential facilities that must obtain licenses from DHCS because they provide alcoholism or drug addiction recovery and treatment services.7
7 See, e.g., Health & Saf. Code, § 11834.02.
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6 • Community Care Residential Facilities—residential facilities that must obtain licenses from CDSS because they provide 24-hour nonmedical care and supervision for adults or children.8
3. BACKGROUND
Among the
many reasons that group homes are essential housing for persons with disabilities is the support these homes provide for their residents’ individualized, disability-related needs. This includes the peer support that group homes encourage their residents to provide to each other when sharing a home, as well as the services these homes can provide. These services range from basic support for independent living to more intensive care and supervision services that require state licenses. By providing peer support, services, or both, group homes help their residents live in deinstitutionalized settings and integrate into local communities. For these and other reasons, as the California Legislature has recognized, “‘persons with disabilities . . . are significantly more likely than other persons to live with unrelated persons in group [homes].’”9
Because gro
up homes are such important housing resources for persons with disabilities, state law not only protects them from discriminatory land use policies and practices, it mandates that local governments affirmatively support group homes locating in their communities.10 Federal law also protects group homes, leading courts across the country to conclude that “‘encourag[ing] and support[ing] handicapped persons' right to live in a group home in the community of their choice’” is “‘the public policy of the United States.’”11
The communit
ies of choice for many group homes are often single-family neighborhoods. Recovery residences, for example, often locate in single-family
8 See, e.g., Health & Saf. Code, §§ 1502, 1568.01, 1569.2, subds. (o)-(p). 9 Broadmoor San Clemente Homeowners Ass’n v. Nelson, (1994) 25 Cal.App.4th 1, 6, quoting Stats. 1993, ch. 1277, § 18; 12 West Cal.Legis.Services, p. 6038. 10 See, e.g., Gov. Code, §§ 8899.50, 65583, subds. (a)(1), (a)(7), (c)(10). 11 Broadmoor, 25 Cal.App.4th at 9, quoting Rhodes v. Palmetto Pathway Homes, Inc. (South Carolina 1991) 303 S.C. 308, 400 S.E.2d 484, 486. 686
7 neighborhoods because this helps “‘recovering addicts’ reintegration into society and redevelopment of self-sufficiency.”12
But “for every group home that is successfully established, experts estimate that another closes or never opens because of community opposition.”13 The legislative history of the Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq., and federal Fair Housing Act (“FHA”), 42 U.S.C. section 3601 et seq., show that the Legislature and Congress considered local governments’ longstanding practices of using land use ordinances to exclude group homes when amending these civil rights laws to protect housing for persons with disabilities.14 Local opposit
ion to group homes is often based on fears that they will disrupt neighborhoods, increase crime rates or drug use, generate excessive traffic and parking, or lower property values. But numerous studies, representing decades of research, have found that fears like these are unfounded.15 In fact, studies have shown that group homes are often the best maintained properties on their blocks and function so much like other homes “that most neighbors within one to two blocks . . . do not even know that a group home . . . is nearby.”16
This is not
to minimize very real problems that have arisen at some group homes. In particular, some local governments have raised concerns based on problems at some recovery residences operated by unscrupulous owners seeking to maximize their profits
12 Laurie C. Malkin, Troubles at the Doorstep: The Fair Housing Amendments Act of 1988 and Group Homes for Recovering Substance Abusers (1995) 144 U. Pa. L. Rev. 757, 772-73 & nn. 55-60; Oxford House, Inc. v. Township of Cherry Hill (“Cherry Hill”) (D. New Jersey 1992) 799 F.Supp. 450, 453.
13 Malkin, supra, n. 12 at 795 & n. 171.
14 See, e.g., Broadmoor, supra, 25 Cal. App. 4th at 6, quoting Stats.1993, ch. 1277, § 18; 12 West Cal.Legis.Services, p. 6038; H.R. Rep. 100-711, 23-24, reprinted in 1988 U.S.C.C.A.N. 2173, 2184-2185.
15 See, e.g., Malkin, supra, n. 12 at 797-798 & nn. 181-184; Council of Planning Librarians, There Goes the Neighborhood - A Summary of Studies Addressing the Most Often Expressed Fears about the Effects Of Group Homes on Neighborhoods in which They Are Placed (Bibliography No. 259) (Apr. 1990); Senate Comm. on Health Analysis of SB 786, Feb. 17, 2017 at 3, 5.
16 Daniel Lauber, A Real LULU: Zoning for Group Homes and Halfway Houses Under The Fair Housing Amendments Act of 1988 (Winter 1996) 29 J. Marshall L. Rev. 369, 384-385 & n. 50-52.
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8 at the expense of their residents’ wellbeing. These problems have included neglecting and abusing residents, engaging in insurance fraud, and creating public nuisances.17 While these are very real concerns, the examples of exploitive, abusive, and illegal practices appear to be limited to a small minority of recovery residences.18 Moreover, in contrast to laws specially designed to address fraud, violations of state licensing laws, or health and safety violations and public nuisances, local land use policies are often too blunt and too broadly sweeping for properly addressing these problems. They risk continuing the history of discrimination against group homes by doing more to constrain and exclude well-functioning ones than they do to abate problems at dysfunctional ones.
Before local governments amend their zoning ordinances to regulate group homes, they should first determine if the proposed amendments will comply with state housing laws.
They should apply the Group Home TA’s framework and consider its examples of common issues that arise when local governments attempt to use land use laws to regulate group homes.
4. FRAMEWORK FOR ASSESSING IF LOCAL LAND USE POLICIES AND PRACTICES COMPLY WITH STATE HOUSING LAWS’ PROTECTIONS
OF GROUP HOMES
Confirming
that local land use policies and practices for group homes comply with state housing laws involves assessing whether they comply with requirements for local governments to affirmatively support this housing in their communities and whether they discriminate on the basis of disability or other protected characteristics. Both assessments are necessary to confirm that a local land use policy or practice complies with state housing laws. Although the Group Home TA discusses Housing Element Law
17 See, e.g., Samantha Schmidt, Drug Rehab ‘Mogul’ Convicted of Sexually Assaulting 7 Female Patients at Treatment Centers, Washington Post, Feb. 27, 2018, https://www.washingtonpost.com/news/morning-mix/wp/2018/02/27/drug-rehab-mogul- convicted-of-sexually-assaulting-7-female-patients-at-treatment-centers/; Danielle L.
Liberman, Current Development, Not Too Sunny in the Sunshine State: The Need to Improve Florida’s Opioid Abuse Treatment Centers to Combat the National Public Health Crisis, 31 Geo. J. Legal Ethics 723, 735-738 (2018). 18 See, e.g., Government Accounting Office, Report to Congressional Requesters:
Substance Use Disorder – Information on Recovery Housing Prevalence, Selected States’ Oversight, and Funding (“GAO Report”) (March 2018) at 7-9 & n.18, available at https://www.gao.gov/assets/gao-18-315.pdf; see also studies cited supra, nn. 15-16. 688
9 and AFFH requirements before fair housing laws, local governments can assess their compliance with these laws in any order.
A. DO THE POLICIES AND PRACTICES COMPLY WITH HOUSING ELEMENT LAW AND AFFH REQUIREMENTS ?
California law
has long promoted more inclusive communities, such as by requiring local governments to protect and promote housing for persons with special needs, including, among others, lower income households and persons with disabilities or who have experienced homelessness.19 Housing Element Law requires local governments to analyze the special housing needs of these populations and develop policies and programs to address those needs.20
As of Januar
y 1, 2019, AB 686 built upon these existing obligations to broadly require all state or local governments involved in programs or activities related to housing or community development to affirmatively further fair housing and take no actions inconsistent with this requirement.21 The Legislature defined AFFH, to mean:
taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
22 In AB 686,
the Legislature also amended Housing Element Law to include new, specific AFFH requirements starting in 2021 for local governments when they prepare and implement housing elements. These requirements include, for example, identifying and addressing fair housing issues; analyzing integration and segregation patterns;
19 See, e.g., Gov. Code, § 65583, subds. (a)(1), (a)(7); Housing Elements Building Blocks, available at https://www.hcd.ca.gov/planning-and-community- development/housing-elements/building-blocks.
20 See, e.g., Gov. Code, § 65583, subds. (a)(7), (c).
21 Gov. Code, § 8899.50, subd. (a)(2).
22 Id. at (a)(1).
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10 analyzing patterns and trends of disparate housing needs and disproportionate access to housing opportunities; and setting specific goals, adopting responsive policies, and taking effective actions that will affirmatively further fair housing.23 Taken together, the earlier Housing Element Law provisions and the newer AFFH requirements clarify local governments’ affirmative responsibilities regarding group homes. As the historical record and California and federal legislative histories confirm, local land use laws have too often treated group homes as problems to be avoided or restricted. Local governments’ obligations under state law have been misunderstood as being limited to avoiding discrimination and meeting a minimum threshold for fulfilling the locality’s share of regional housing needs for persons with disabilities.
But local governments must go beyond these basic requirements by actively supporting the inclusion of group homes in their communities and removing constraints on this housing. This includes, for example, supporting the housing choices of individuals with protected characteristics.
24 Persons with disabilities have the right to live in accessible housing in the most integrated setting appropriate to their needs, which includes having access to disability-related support and services that individuals need to live in deinstitutionalized settings.25 Local governments must also avoid policies that unjustifiably displace group home occupants from their homes.26 HCD has pre
viously issued guidance about local governments’ obligations under older Housing Element Law provisions and the more recently enacted AFFH provisions.
These guidance documents are available through links listed under the Planning and Community Development tab on HCD’s website.27 Local governments should read the detailed guidance provided in these documents, which include:
• Affirmatively Furthering Fair Housing: Guidance for All Public Entities and for Housing Elements (April 2021 Update),28
• Housing El
ement Building Blocks,29
23 See, e.g., Gov. Code, § 65583, subd. (c)(10).
24 See, e.g., Gov. Code, § 65583, subd. (c)(10)(A)(iv); 24 C.F.R § 5.151 (2022). 25 See, e.g., Olmstead v. Zimring (1999) 527 U.S. 581, 602, 607; 24 C.F.R. § 5.151 (2022); 28 C.F.R. § 35.130(d), (e)(1) (2022).
26 Gov. Code. § 65583, subd. (c)(10)(A)(v).
27 Available at https://www.hcd.ca.gov/.
28 Available at http://www.hcd.ca.gov/community-
development/affh/docs/AFFH_Document_Final_4-27-2021.pdf. 29 Available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks.
690
11 • Housing Element Building Blocks – Persons with Disabilities,30 and • Housing Element Building Blocks – Constraints for People with Disabilities.31 HCD’s earlier guidanc
e documents discuss in more detail how local governments can assess their compliance with Housing Element Law and AFFH requirements. The following types of questions can help local jurisdictions assess if they are meeting their affirmative obligations to protect and promote the housing rights of persons with disabilities:32
• Has the j
urisdiction analyzed the special housing needs of persons with disabilities by including in this analysis, among other things:
o data about the number of persons and households in this group? o quantifiable and qualitative descriptions of their housing needs and descriptions of existing resources or programs for them? o assessments of unmet needs?
• Has the j
urisdiction analyzed and explained how it will meet those needs by, among other things:
o identifying potential programs, policy options, and resources? o discussing local resources and service providers?
o identifying housing types that can accommodate persons with disabilities? o developing housing programs or strategies to address identified needs?
• Has the j
urisdiction analyzed and removed constraints on housing for persons with disabilities by, among other things:
o analyzing potential governmental constraints to the development, improvement, and maintenance of housing for persons with disabilities? o examining ordinances, policies, or practices that are unjustifiably having the effect of constraining or excluding housing variety and availability for persons with disabilities?
o providing reasonable accommodations for persons with disabilities through programs that remove constraints?
o ensuring that its reasonable accommodation procedures comply with state fair housing laws and regulations?
o in general, demonstrating local efforts to remove constraints?
30 Available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks/people-disabilities-including-developmental-disabilities. 31 Available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks/constraints-people-disabilities. 32 See, e.g., Gov. Code, §§ 8899.50, 65583, subds. (a)(4), (7), (c)(3), (5), (10). 691
12 • Has the j
urisdiction met its AFFH obligations for persons with disabilities by, among other things:
o actively supporting their integration into the local community? o actively supporting their fair housing rights, including their right to choose where to live and to access housing opportunities with services and support for their disabilities?
o considering whether policies and practices are displacing persons with disabilities from their homes?
o examining and redressing segregated living patterns?
o fostering the integration of persons with disabilities into the community? o conducting outreach and education in the community to support the fair housing rights of persons with disabilities?
o identifying and analyzing any policies or practices that have the purpose or effect of discriminating against persons with disabilities, perpetuating their segregation, or impeding their integration?
o examining any justifications for policies or practices with discriminatory effects and identifying and implementing less discriminatory alternatives?
• Has the j
urisdiction conducted individualized, evidence- and data-based research and analysis, including for:
o any specific benefits that it believes a land use policy or practice regarding group homes will provide to persons with disabilities?
o any specific health or safety issues that a jurisdiction believes justify land use polices or practices regarding group homes?33
B. DO THE POLICIES AND PRACTICES UNLAWFULLY DISCRIMINATE BASED ON DISABILITY OR OTHER PROTECTED CHARACTERISTICS ?
In addition
to the laws requiring local governments to affirmatively support group homes, state fair housing laws prohibit jurisdictions from discriminating against them.34 For example, the Anti-Discrimination in Land Use Law, Government Code section 65008,
33 See, e.g., Cal. Code Regs., tit. 2, §§ 12042, subd. (f), 12179, subd. (b)(3). 34 Fair housing laws protect group homes. See, e.g., Cal. Code Regs., tit. 2, § 12005, subd. (o); Lakeside Resort Enterprises, LP v. Board of Sup's of Palmyra Twp. (3d Cir. 2006) 455 F.3d 154, 159–60. See also infra at pp. 22-23 (explaining that while federal fair housing cases can provide important guidance for interpreting state fair housing laws, California’s fair housing and disability rights laws provide broader protections than federal laws).
692
13 prohibits discriminatory local land use policies and practices and declares any such discriminatory policies or practices null and void.35 This includes discrimination based on any characteristic protected by the FEHA and other state civil rights laws.36 Disability rights protections extend to persons with disabilities, persons regarded or treated as having, or having had, a disability, or persons with a record or history of a disability.37 Complying with fair housing requirements for individuals with certain types of disabilities, such as individuals with developmental disabilities, will not excuse unlawful discrimination against other individuals with other types of disabilities, such as individuals recovering from alcoholism or drug addiction. 38 The Anti-Discr
imination in Land Use Law also includes protections not specified in the FEHA, such as prohibitions against land use policies and practices that discriminate against housing for “persons or families of very low, low, moderate, or middle income.”39 Therefore, depending on a group home’s intended occupants, jurisdictions must consider whether their policies discriminate against not only persons with disabilities, but, for example, very low- or low income households if the residence is designed for persons with disabilities who have experienced homelessness.
State fair housing laws protect not only group homes’ occupants, but other persons associated with them or other persons who may be harmed by discriminatory land use policies and practices, such as group homes’ operators, owners, and landlords.40
35 Gov. Code, § 65008, subds. (a), (b)(1). The FEHA similarly prohibits discriminatory land use policies and practices. Gov. Code, § 12955, subd. (l); Cal. Code Regs., tit. 2, §§ 12161, 12162. See also Government Code section 11135 (prohibiting discrimination by recipients of state funding or financial assistance). 36 See, e.g., Gov. Code, §§ 65008, subds. (a)(1)(A), (b)(1)(B)(i), 65583, subd. (c)(5). 37 Gov. Code, § 12926, subds. (j), (m); 42 U.S.C. § 3602(h); Joint Statement of the Department of Housing and Urban Development and the Department of Justice – State and Local Land Use Laws and Practices and the Application of the Fair Housing Act (Nov. 10, 2016) at 6 (“HUD – DOJ 2016 Jt. Stmt. on Local Land Use Laws”), available at https://www.justice.gov/opa/file/912366/download.
38 Recovering from alcoholism or drug addiction is a disability protected by fair housing laws. See, e.g., City of Edmonds v. Washington State Bldg. Code Council, 18 F.3d 802, 803 (9th Cir.1994), aff'd City of Edmonds v. Oxford House (1995) 514 U.S. 725; Cherry Hill, supra, 799 F.Supp. at 459; HUD – DOJ 2016 Jt. Stmt. on Local Land Use Laws at
6. 39 Gov. Code, § 65008, subds. (a)(3), (b)(1)(C).
40 Gov Code § 65008, subds. (a)(1)(A), (b)(1)(B)(ii), incorporating Gov. Code, § 12955, subd. (m).
693
14 Identifying and correcting discriminatory land use policies and practices requires understanding three general types of discrimination:
1. i ntentional discrimination,
2. d iscriminatory effects, and
3. failure to provide reasonable accommodations.41
i. I NTENTIONAL DISCRIMINATION
Intention
al discrimination includes “an act or failure to act” in which any protected characteristic “is a motivating factor . . . even though other factors may have also motivated the practice.”42 Unlike employment discrimination law, in which plaintiffs must prove that a defendant’s action or inaction was substantially motivated by a discriminatory purpose, under fair housing law, a “housing practice” can be found illegal if it “demonstrates an intent to discriminate in any manner.”43 Intention
al discrimination is best understood as purposeful discrimination because it “does not require proof of personal prejudice or animus.”44 Even if local officials are not hostile towards persons with disabilities or act with benign intents to help them, a discriminatory policy or practice can still be unlawful. It is also unlawful for government officials to acquiesce to members of the public’s prejudicial views even if the officials themselves do not share those views.45
Establis
hing intentional discrimination often involves evidence that persons with protected characteristics were treated worse than others without those characteristics.
But this is only one way to prove discrimination.46 Intentional discrimination does not require “the existence of a similarly situated entity who or which was treated better . . . .”47 A local land use policy or practice that “inflicts collateral damage by harming some, or even all, individuals from a favored group in order to successfully
41 Although these are some of the most common, general types of discrimination issues that arise with local land use policies and practices, this is not an exhaustive list. See, e.g., Cal. Code Regs., tit. 2, §§ 12161-62 (listing more detailed examples). 42 Gov. Code, § 12955.8; Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 217- 218; Cal. Code Regs., tit. 2, § 12041, subd. (b).
43 Gov. Code, § 12955.8.
44 Cal. Code Regs., tit. 2, § 12041, subd. (b).
45 Cal. Code Regs., tit. 2, § 12161, subd. (c).
46 Pacific Shores Properties, LLC v. City of Newport Beach (9th Cir. 2013) 730 F.3d 1142, 1158-1159.
47 Id. at 1158.
694
15 harm mem
bers of a disfavored class does not cleanse the taint of discrimination.”48 Sometimes i
t “simply underscores the depth of the defendant’s” discriminatory intent.49 Intention
al discrimination can be established through facial discrimination, direct evidence, or circumstantial evidence.
FACIAL DISCRIMINATION
Facially discriminatory laws or policies explicitly regulate housing or take an adverse action based on a protected characteristic.50 Local governments can engage in facial discrimination even when a law or policy does not expressly refer to, for example, group homes or persons with disabilities. “Proxy discrimination is a form of facial discrimination” in which a jurisdiction:
enacts a law or policy that treats individuals differently on the basis of seemingly neutral criteria that are so closely associated with the disfavored group that discrimination on the basis of such criteria is, constructively, facial discrimination against the disfavored group. For example, discriminating against individuals with gray hair is a proxy for age discrimination because the fit between age and gray hair is sufficiently close.
51 To avoid liabili
ty for a law or policy that facially discriminates against persons with disabilities, a local government must show that the policy:
(1) either (a) actually benefits persons with disabilities or (b) is justified by individualized safety concerns raised by the persons the policy affects, and (2) is “the least restrictive means of achieving” one or both of these goals.52
48 Id. at 1159.
49 Id. See also id. at 1158 – 1162 & n. 23.
50 Cal. Code Regs., tit. 2, § 12040, subd. (c).
51 Pacific Shores Properties, 730 F.3d at 1160 n. 23, internal quotations and citations omitted.
52 Cal. Code Regs., tit. 2, §§ 12042, subd. (f), 12161, subd. (d); Larkin v. State of Mich.
Dept. of Social Services (6th Cir. 1996) 89 F.3d 285, 290. 695
16 These justifications for facial discrimination are “extremely narrow exception[s],” and jurisdictions should be wary of relying on them.53 Jurisdictions must support them with at least, if not more than, the specific and thorough analysis and evidence required by Housing Element Law, including its AFFH provisions. Generalized concerns or ones based on stereotypes will not suffice.54 Jurisdictions should also consider less discriminatory alternatives.55 And in light of jurisdictions’ obligations to “protect existing residents from displacement” and otherwise affirmatively further fair housing, laws or policies that displace group home occupants from their current, chosen residences warrant especially thorough scrutiny.56
DIRECT EVIDENCE
Direct ev
idence includes written or oral statements showing in themselves that a protected characteristic was a motivating factor in a local jurisdiction’s decision. Direct evidence can itself establish a violation. The affirmative defenses for facial discrimination claims do not apply to direct evidence claims.57
CIRCUMSTANTIAL EVIDENCE
Even when pol
icies or statements in themselves do not establish a discriminatory intent, local land use policies and practices can still be found discriminatory based on circumstantial evidence, which can include: (1) the policy’s or practice’s impact, (2) its historical background, (3) the more recent, specific sequence of events leading up to it, (4) departures from usual procedures, (5) departures from usual substantive standards, and (6) the legislative or administrative history.58
53 Dothard v. Rawlinson (1977) 433 U.S. 321, 334; Bangerter v. Orem City Corp. (10th Cir. 1995) 46 F.3d 1491, 1504; see also Koire v. Metro Car Wash (1985) 40 Cal.3d 24, 31 nn. 7, 8 (explaining that public policy exceptions to Unruh Act’s prohibitions of discrimination are “rare” and “should be carefully and narrowly construed”). 54 Larkin, 89 F.3d at 291-292 (rigorously examining and rejecting an agency’s justifications and evidence for spacing and community notice requirements for group homes in holding that they violate the FHA).
55 Cal. Code Regs., tit. 2, § 12042, subd. (f).
56 See, e.g., Gov. Code, § 65583, subds. (c)(10)(A)(iv), (v). 57 See, e.g., Cal. Code Regs., tit. 2, § 12042, subds. (c)-(e). 58 HUD – DOJ 2016 Jt. Stmt. on Local Land Use Laws at 4, citing Village of Arlington Heights v. Metro. Hous. Dev. Corp. (1977) 429 U.S. 252, 265-68. 696
17 These factors are not the only ones that may be considered.59 And “very little evidence” is needed to “raise a genuine issue” of a discriminatory intent.60 Procedural or substantive departures from AFFH or housing element requirements when regulating group homes would be relevant evidence to consider in assessing if local officials acted for discriminatory purposes.
ii. D ISCRIMINATORY EFFECTS
Even if a local
government has not acted with a discriminatory purpose, its land use policies or practices can be found unlawful if they have an unjustified discriminatory effect. A discriminatory effect is generally established through statistical evidence showing that a policy or practice actually or predictably results in a disparate impact on a group of persons with protected characteristics or that it perpetuates segregation.61 If a local l
and use practice is found to have a discriminatory effect, a jurisdiction can avoid liability if it shows there is a legally sufficient justification for its policy or practice.62 A jurisdiction must establish each of the following:
(1) The practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory purposes;
(2) The practice effectively carries out the identified purpose; (3) The identified purpose is sufficiently compelling to override the discriminatory effect; and
(4) There is no feasible alternative practice that would equally or better accomplish the identified purpose with a less discriminatory effect.63 Generalize
d or hypothetical analysis of these elements will not suffice. They must be “supported by evidence.”64
To comp
ly with Housing Element Law, including its AFFH provisions, a jurisdiction should not wait for group home occupants or operators to bring discriminatory effects claims but should research on its own whether its policies or practices have discriminatory effects on these residences. If so, the jurisdiction should also complete
59 Pacific Shores Properties, 730 F.3d at 1159.
60 Id.; Gov. Code, § 12955.8; Cal. Code Regs., tit. 2, § 12041, subd. (b). 61 Cal. Code Regs., tit. 2, § 12060, subd. (b).
62 Cal. Code Regs., tit. 2, § 12062, subd. (b).
63 Id.
64 Cal. Code Regs., tit. 2, § 12062, subd. (c).
697
18 the evidence-based analysis needed to determine whether there are legally sufficient justifications for these discriminatory policies or practices, including analyzing less discriminatory alternatives.
iii. R EASONABLE ACCOMMODATIONS
Discrimi
nation can also arise from a jurisdiction failing “to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.”
65 A request for a reasonable accommodation may only be denied if:
(1) The individual on whose behalf the accommodation was requested is not an individual with a disability;
(2) There is no disability-related need for the requested accommodation (in other words, there is no [connection] between the disability and the requested accommodation);
(3) The requested accommodation would constitute a fundamental alteration of the services or operations of the person who is asked to provide the accommodation.
(4) The requested accommodation would impose an undue financial and administrative burden on the person who is asked to provide the accommodation; or
(5) The requested accommodation would constitute a direct threat to the health or safety of others (i.e., a significant risk of bodily harm) or would cause substantial physical damage to the property of others, and such risks cannot be sufficiently mitigated or eliminated by another reasonable accommodation . . . .
66 Three common i
ssues, among others, can arise when group home operators or occupants request reasonable accommodations in local land use policies and practices:
1. While a jurisdiction should adopt a formal reasonable accommodations process so that, among other reasons, the public knows how to request accommodations, these processes should be flexible enough to promptly and efficiently resolve accommodations requests without creating
65 Gov. Code, § 12927, subd. (c)(1).
66 Cal Code Regs., tit. 2, § 12179.
698
19 unnecessary procedural barriers.67 These processes should allow group home operators to request reasonable accommodations “at any time . . . while seeking or enjoying a housing opportunity,” including, for example, when: (1) considering whether to buy or lease a home; (2) filing a permit application, or (3) responding to allegations they have violated a zoning code or other ordinance.68 If local governments ar
e repeatedly denying accommodation requests or delaying resolving them, they should analyze whether this is due to the requestors failing to provide sufficient information and support or to procedures erecting impermissible barriers to accommodations.69
2. “‘[I]n most cases,
an individual’s medical records or detailed information about the nature of a person’s disability is not necessary’” to establish that a person has a disability or that this disability requires a reasonable accommodation in a land use policy or practice.70 A reliable third party with knowledge of a person’s disabilities can usually provide sufficient information for assessing a request for an accommodation in a local land use policy or practice.71 For example, it is well established that persons recovering from alcoholism or drug addiction have disabilities and that recovery residences support their recoveries. Thus, information provided by a recovery residence operator, such as its occupancy or other policies, for example, should generally suffice to establish its occupants have disabilities and the justifications for the
67 See, e.g., id. at §§ 12176, subd. (c), 12178.
68 See, e.g., id. at § 12176, subd. (f).
69 See, e.g., id. at § 12177; see also these examples of reasonable accommodation ordinances: Oakland Mun. Code, ch. 17.131, available at https://library.municode.com/ca/oakland/codes/planning_code?nodeId=TIT17PL_CH17 .131REACPOPR; Model Ordinance for Providing Reasonable Accommodation Under Federal and State Fair Housing Laws (“Model Reasonable Accommodation Ordinance”), Mental Health Advocacy Services, Inc. (September 2003), available at https://www.hcd.ca.gov/community-development/building-blocks/program- requirements/address-remove-mitigate-
constraints/docs/model_reasonable_accomodation_ordinance.pdf. 70 Supplement to Initial Statement of Reasons for FEHC’s Fair Housing Regulations at 26, quoting HUD DOJ May 17, 2004 Joint Statement on Reasonable Accommodations, available at https://www.dfeh.ca.gov/wp-
content/uploads/sites/32/2019/07/FairHousingReg-
SupplementInitialStatementReasons.pdf.
71 Cal. Code Regs., tit. 2, § 12178.
699
20 requested acco
mmodations, allowing local officials to assess the request without probing into the occupants’ private medical records or histories.72
3. Denials of
reasonable accommodation requests must be based on
individualized assessments, and specific evidence, not generalized or speculative concerns about group homes or persons with disabilities. The state’s fair housing regulations provide specific guidance about the type of evidence required to meet this standard.73
5. SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING
REQUIREMENTS
If a group ho
me operates in ways that fall within the statutory definitions of supportive housing or transitional housing, jurisdictions must also comply with Housing Element Law’s specific protections of these types of housing. This section summarizes these protections, which are explained more fully in other HCD guidance documents, including:
• Housing Accountability Act Technical Assistance Advisory (Sep. 15, 2020),74 • Housing El
ement Building Blocks – Zoning for a Variety of Housing Types,75 • Senat
e Bill 2 – Legislation Effective January 1, 2008: Local Planning and Approval for Emergency Shelters and Transitional and Supportive Housing (Apr. 10, 2013 update),76 and
• Transitional and Supportive Housing, Chapter 183, Statutes of 2013 (SB 745) (Apr. 24, 2014).77
72 Id; Regional Economic Community Action Program, Inc. v. City of Middletown (2d Cir. 2002) 294 F.3d 35, 47-48 & n.3, superseded on other grounds as stated in Brooker v.
Altoona Housing Authority (W.D. Penn 2013) 2013 WL 2896814 at *9 n. 8. 73 Cal. Code Regs., tit 2, § 12179.
74 Available at https://www.hcd.ca.gov/community-development/housing- element/housing-element-memos/docs/hcd-memo-on-haa-final-sept2020.pdf. 75 Available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks/zoning-variety-of-housing-types. 76 Available at https://www.hcd.ca.gov/community-development/housing- element/housing-element-memos/docs/sb-2-combined-update-mc-a11y.pdf. 77 Available at https://www.hcd.ca.gov/community-development/housing- element/housing-element-memos/docs/sb745memo042414.pdf. 700
21 Supportive Housing Definition. Government Code section 65582, subdivision (g), defines supportive housing to mean housing that:
• has no limit on the length of stay;
• is linked to onsite or offsite services that assist residents in improving their health status, retaining the housing, and maximizing their ability to live and, where possible, work in the community; and
• is occupied by the “target population,” which “means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act . . . and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people.”
78 Transi
tional Housing Definition. Government Code section 65582, subdivision (j), defines “transitional housing” to mean “buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.” Therefore, in contrast to supportive housing, transitional housing may limit the length of stay, is not required to provide supportive services (though may be linked to them), and is not limited to residents within the “target population.”
Key Protections for Supportive and Transitional Housing. If a group home operates in ways that qualify it as either supportive or transitional housing, jurisdictions must comply with Housing Element Law’s additional protections for these types of housing.
This includes the requirement that supportive and transitional housing “shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.”
79 In other words, transitional housing and supportive housing are permitted in all zones allowing residential uses and are not subject to any restrictions (e.g., occupancy limit) not imposed on similar dwellings (e.g., single-family home, apartments) in the
78 Gov. Code, § 65582, subd. (i).
79 Gov. Code, § 65583, subd. (c)(3), emphasis added.
701
22 same zone in which the transitional housing and supportive housing is located. For example, transitional housing located in an apartment building in a multifamily zone is permitted in the same manner as an apartment building in the same zone, and supportive housing located in a single-family home in a single-family zone is permitted in the same manner as a single-family home in the same zone.
In addition, if supportive housing meets the specifications of Government Code section 65650 et seq, it must be treated as “a use by right in all zones where multifamily and mixed uses are permitted . . . .”
80 By-right approval means that the
use cannot require a conditional use permit or other discretionary review, even if a permit is required for other residential dwellings of the same type in the same zone. 81 This nondiscretionary (i.e., ministerial) approval requirement renders the proposed use statutorily exempt from the California Environmental Quality Act if the project “complies with written, objective development standards and policies.”82 When supporti
ve or transitional housing does require a permit of any type, the Housing Accountability Act limits jurisdictions’ authority to deny the permit.
These limits are discussed at length in HCD’s Housing Accountability Act Technical Assistance Advisory (Sep. 15, 2020).
83 6. STATE LAW PROVIDES BROADER PROTECTIONS THAN FEDERAL LAW
The Legislatur
e has specified that the FEHA may be interpreted broadly to provide “greater rights and remedies” than federal laws.84 The Legislature has also emphasized that “[t]he law of this state in the area of disability provides protections independent from those in [federal law],” noting that California law “has always, even prior to passage of the federal [ADA], afforded additional protections.”
85 Examples of
California providing “greater rights and remedies” than federal law include, among other things, state law’s broader definitions of disabilities (e.g., only requiring a mere limitation of a major life activity for a mental or physical condition to qualify as a
80 Id.
81 Id.
82 Gov. Code, § 65651, subd. (b)(2); Pub. Resources Code, § 21080, subd. (b)(1); Cal.
Code Regs., tit. 14, §§ 15002, subds. (i)(1), 15268(a). 83 See supra, n. 74.
84 Gov. Code, §§ 12955.6, 12993.
85 Gov. Code, § 12926.1, subd. (a).
702
23 disability
compared to federal law requiring a substantial limitation); prohibition of land use policies and practices that discriminate against housing designed for persons or families of very low, low, moderate, or middle income; requirements for how local governments must affirmatively support housing for persons with disabilities; specific requirements for supportive and transitional housing; and reasonable accommodations regulations.86
Therefore,
federal laws set a floor, not a ceiling, for the fair housing rights that the state may provide through the FEHA, Anti-Discrimination in Land Use Law, and other state laws.87 Likewise, although federal court decisions about federal fair housing laws can provide important guidance for interpreting state fair housing laws, their interpretations of state laws are not binding authority.88 Confusion can arise if local governments assume that resolving whether a local land use policy or practice complies with federal law automatically resolves whether it complies with state law.
To avoid this confusion, local governments should follow these two general guidelines:
• If a policy or practice violates federal fair housing law, it also likely violates state law.
• But the converse is not necessarily true. If a policy or practice complies with federal fair housing laws, local governments should independently determine whether it complies with state law’s broader protections.
7. COMMON ISSUES IN LOCAL ORDINANCES THAT REGULATE
GROUP HOMES
HCD cannot antic
ipate all the issues that might arise if local governments attempt to regulate group homes through local land use laws. But the following are examples of some common ones that can arise.
86 See, e.g., Gov. Code, §§ 12926.1; 65008, subds. (a), (b); 65583, subds. (a), (c); Cal.
Code Regs., §§ 12176-12185.
87 See, e.g., Gov. Code, § 12926.1, subd. (a); California Federal Sav. and Loan Ass’n v.
Guerra (1987) 479 U.S. 272, 285; 42 U.S.C. § 3615.
88 See, e.g., Cal. Code Regs, tit. 2, § 11001, subd. (b). 703
24 A. DEFINITIONS OF SINGLE HOUSEKEEPING UNITS OR SINGLE-FAMILY HOMES
Zoning ordina
nces sometimes attempt to restrict or limit group homes in single-family residential zones (e.g., R-1) through definitions of single housekeeping units or single- family homes. Overly restrictive definitions risk violating not only state housing laws, but the California Constitution’s protections of the rights of unrelated persons to live together in communal housing.89
Person
s with disabilities choose to live in group homes because these homes provide peer and other support for their residents’ disability-related needs, while helping to integrate residents into their communities. Group homes should be treated as single- housekeeping units if they are designed to foster these mutually supportive peer relationships; allow open-ended stays or at least, on average, stays of more than a few weeks; and provide shared kitchen, dining, living, and other spaces in which residents may, in certain homes, participate in basic, shared cooking and housekeeping activities.
In general, localities should avoid including provisions in definitions of shared- housekeeping units, single-family homes, or other single residential dwellings that:
• Equate group homes with boardinghouses. Group homes’ shared communal purposes to provide peer and other support for their occupants’ disability-related needs and to help integrate them into their local communities makes this an inapt comparison. Boardinghouses do not provide communal housing designed to support the needs of persons with disabilities.
• Require all residents to share a common deed or lease. The California Constitution’s protections of personal privacy extend to individuals’ choices to live together even when they are not joint owners or tenants.90 And group homes can still provide a communal setting that supports their residents’ needs without all residents being joint owners or tenants.
• Automatically exclude group homes that are owned by for-profit businesses or that pay a house manager or resident to help manage a
89 See, e.g., City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123. 90 See, e.g., Coalition Advocating Legal Housing Options v. City of Santa Monica (2001) 88 Cal.App.4th 451, 458-459.
704
25 home’s operati
ons. These are well-established models for group homes.91 And persons with certain types of disabilities may need supportive, in-house staff to be able to live in a group home.
• Overly scru
tinize living arrangements by, for example, requiring residents to take care of all housekeeping tasks, share all bathrooms and refrigerators, and eat all meals together, or by prohibiting locks on bedroom doors. Localities do not impose such conditions on families of related persons, who may live in R-1 neighborhoods even if they can afford to hire housekeepers or gardeners, do not share all bathrooms, decline or lack the time to eat all meals together, or choose to install locks on parents’, teenagers’, or other relatives’ bedroom doors. And different types of group homes may require different living arrangements and provide different levels of housekeeping or other services based on their residents’ individualized needs or other considerations.
B. REQUIREMENTS THAT ALL GROUP HOMES WITH MORE THAN SIX
RESIDENTS MUST OBTAIN PERMITS TO LOCATE IN SINGLE-FAMILY ZONES
Some local zonin
g ordinances require all group homes with more than six residents to apply for conditional use permits or obtain other special approvals to locate in single- family zones. These ordinances appear to be based on Health and Safety Code statutes that require local governments to treat many types of licensed group homes with six or fewer residents the same as single-family homes and prohibit requiring these small, licensed group homes to obtain conditional use permits or other special approvals to locate in single-family zones.92
But local polic
ies that require all group homes with more than six residents to obtain conditional use or other permits inappropriately turn state laws designed to remove constraints on small, licensed group homes into constraints on the many other group homes that do not require state licenses.
91 Douglas L. Plocin and Diane Henderson, A Clean and Sober Place to Live:
Philosophy, Structure, and Purported Therapeutic Factors in Sober Living Homes, 40 J Psychoactive Drugs (2008), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2556949/ (discussing how a “‘strong manager’ model of operations” can function in ways that provide the same or similar benefits of a communal environment and peer support as group homes that residents own and operate themselves). 92 See, e.g., Health & Saf. Code, §§ 1566.3, 1569.85,11834.23. 705
26 To comply with the Health and Safety Code’s exemptions for small, licensed group homes and with housing element, AFFH, and fair housing requirements to remove constraints on and prevent discrimination against group homes, local governments should follow these guidelines:
• Group homes that operate as single-family residences and that do not provide licensable services should be allowed in single-family neighborhoods, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single-family residences.
This is true even if these homes have more than six residents. Because these homes are not providing licensable services, they should be treated the same as other residences.93
• Group homes
that operate as single-family residences and that provide licensable services to six or fewer residents should be allowed in single- family neighborhoods, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single- family residences. This complies with, among other things, the Health and Safety Code protections for these smaller, licensed group homes. • Group homes operating as single-family residences that provide licensable services to more than six residents may be subject to conditional use or other discretionary approval processes. Local governments must still provide flexible and efficient reasonable accommodations in these permitting processes.
This means that some requests for exceptions to permitting processes should be resolved through reasonable accommodation procedures instead of conditional use procedures.
94 In addition, any substantive requirements for these group homes must still comply with the local government’s obligations to remove constraints on housing for persons with disabilities, affirmatively support it, and prevent discrimination against it. The next sections provide further guidance on how to meet these obligations.95
93 See also supra at pp. 20-22 (discussing specific protections for supportive and transitional housing).
94 See, e.g., Letter from Attorney General Bill Lockyer to The Hon. William Hartz, Mayor of Adelanto (May 15, 2001) (explaining that relying on conditional use procedures to address reasonable accommodation requests can lead to fair housing violations). 95 Although the Group Home TA focuses on group homes operating as single-family residences, the same principles apply to those operating, for example, as multifamily residences in multifamily zones.
706
27 C. RETROACTIVE COMPLIANCE
Zoning codes ty
pically allow uses that began lawfully before a new zoning provision was adopted or amended to continue after these new requirements are imposed, with the concept of legal nonconforming existing uses found in almost all zoning codes. For example, a local government may change zoning requirements to disallow auto repair uses in the downtown area. An existing auto repair shop would continue to be allowed to continue to operate because at the time when the use began it was an allowable use.96
Local governm
ents should generally treat existing group homes similarly when amending their zoning codes. Retroactive application of new zoning provisions should be avoided, especially if it will displace persons with disabilities from the homes they have chosen. Any exception to the well-established practice of allowing legal non- conforming uses to continue should be supported by substantial analysis and evidence showing that it is required to protect public health, safety, and welfare. This analysis and evidence should include specific local data and evidence, not merely anecdotal reports about problems that have arisen at some group homes or generalized descriptions of the public health, safety, and welfare interests that the new amendments are designed to serve.
D. SPACING REQUIREMENTS
Spacing req
uirements restrict group homes from locating within a specific distance of other group homes. Local governments should be very wary about imposing spacing requirements that extend beyond the limited requirements the Legislature has deemed necessary to prevent the overconcentration of certain licensed facilities to ensure their residents are integrated into their communities.
The Legislature has found spacing requirements justified only for specific types of licensed facilities. Community care facilities, intermediate care facilities serving persons with developmental disabilities who require intermittent but recurring skilled nursing care, and pediatric day health and respite care facilities that provide services to children with particularly acute or chronic healthcare needs and their parents or guardians must be separated by at least 300 feet. Congregate living health facilities serving persons with terminal or life-threatening illnesses or with catastrophic or severe disabilities
96 See, e.g., Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Cal.4th 533, 552; Edmonds v. Los Angeles County (1953) 40 Cal.2d 642, 651. 707
28 acquired thro
ugh trauma or nondegenerative neurologic illness must be separated by at least 1,000 feet.97
Further limiting
these spacing requirements, the Legislature has specified that they:
• apply to some types of licensed facilities, but not to others. For example, the spacing requirements apply only to some types of intermediate care facilities but not to AOD facilities or to residential care facilities for the elderly; • apply to proposed, new facilities, not existing ones; • only require separation of facilities with similar licenses; and • allow closer spacing based on local needs and conditions.98 Contrary t
o these carefully crafted limitations on spacing requirements, some local governments have imposed spacing requirements on recovery residences, including those already in operation. These spacing requirements are very unlikely to withstand scrutiny under state housing laws. Among other things:
• They are at odds with the Legislature’s narrowly crafted spacing requirements in section 1267.9.
• They can conflict with local governments’ obligations to, for example, remove constraints on housing for persons with disabilities, affirmatively support such housing, avoid policies that displace persons with protected characteristics, and affirmatively support their right to live where they choose.99
• They are v
ery hard to justify based on the narrow exceptions that state fair housing laws allow for facial discrimination. Justifications based on the goal of avoiding overconcentration are difficult to establish and require substantial and detailed statistical evidence establishing that an overconcentration of recovery residences has reached the point where it is, for example, creating an institutionalized living environment or perpetuating segregation within specific
97 Health & Saf. Code, §§ 1267.9, subd. (b) (setting spacing requirements for these types of community care residential facilities), 1502 (defining facilities that are subject to 300-foot spacing requirements), 1250 (defining facilities subject to 1000-foot spacing requirements).
98 Health & Saf. Code, § 1267.9.
99 See, supra, at pp. 9-12.
708
29 neighborhoods or c
ommunities. Merely comparing the number of recovery
residences in one city with the number in others generally will not suffice.100 • They can l
ack the flexibility required to reasonably accommodate recovery residences and their occupants’ disability-related needs. • The Legislature has repeatedly rejected attempts to impose spacing requirements on recovery residences. As recently as 2018, for instance, the Legislature declined to adopt SB 786, a bill that would have imposed a 300-foot spacing requirement on recovery residences.101 The legislative history shows that the Legislature considered the lack of clear data showing that this spacing requirement would benefit persons recovering from alcohol and drug addiction.
The Legislature also considered concerns that this spacing requirement would discriminate on the basis of disability, impede opening new recovery residences, reduce access to much needed recovery and treatment services, and stigmatize recovery residences and their occupants.102
In sum, l
ocal governments should avoid imposing spacing requirements that extend beyond those specified in Health and Safety Code section 1267.9.103
100 See, supra, at pp. 15-16. Spacing requirements like this also need to withstand scrutiny under other standards for assessing intentional discrimination or discriminatory effects. See, supra, at pp. 12-19.
101 Sen Bill No. 786 (2017-2018 Reg. Session). This bill is one of many times that the Legislature has declined to enact, or the Governor has vetoed bills attempting to regulate recovery residences. See, e.g., Sen. Com. on Health, analysis of Sen. Bill 786 (2017-2018 Reg. Sess.) at 7-8 (listing several other bills with similar provisions that the died in the Legislature between 2006 and 2007); California Research Bureau, Sober Living Homes in California: Options for State and Local Regulation (October 2016) at 14-16 (listing over 20 bills affecting recovery residences introduced between 1998 and 2016 that the Legislature did not pass or the Governor vetoed). 102 Sen. Com. on Health Analysis of Sen. Bill 786 at 6, 8-9. 103 Recent federal court decisions rejecting challenges under federal and California laws to spacing requirements for recovery residences have not considered the important differences between state and federal laws. See, e.g., Yellowstone Women’s First Step House, Inc. v. City of Costa Mesa (C.D. Cal. Oct. 8. 2015) 2015 WL 13764131 at *7-8, affirmed in part and vacated in part, 2021 WL 4077001 (9th Cir. Sep. 8, 2021) (unpublished, nonprecedential decision). These differences include, for example, the affirmative duties that California’s Housing Element Law imposes on local governments and the broader rights and remedies for persons with disabilities under California’s fair housing laws. See, supra, at pp. 22-23.
709
30 E. OCCUPANCY LIMITS AND BUILDING , FIRE, OR OTHER HEALTH AND
SAFETY CODE REQUIREMENTS
Subject to
the Legislature’s requirements for specific types of licensed facilities, such as those serving persons with limited mobility, and to requests for reasonable accommodations, local governments should apply the same generally applicable occupancy limits to group homes that they do to other housing. Under the Uniform Housing Code section 503.2, at least one room in a dwelling unit must have a floor area of at least 120 square feet, with other habitable rooms, except kitchens, required to have a floor area of at least 70 feet. When more than two people occupy a room for sleeping purposes, the required floor area increases by 50 square feet. For example, a bedroom intended for two people could be as small as 70 square feet, while a bedroom would need to be at least 120 square feet to accommodate three people or at least 170 square feet to accommodate four people.
Likewise, to avoid imposing overly costly and burdensome constraints on group homes, the best practice is to apply the same general building, fire, and other health and safety codes that apply to other residences, subject to state health and safety code provisions specific to certain types of residential facilities.
104 Although group home operators may
request reasonable accommodations from public health and safety standards, fair housing laws allow local governments to deny these requests if, among other things, they would cause direct threats to public health and safety.
F. REQUIREMENTS FOR OPERATORS AND RESIDENTS
Requirements
for operators and residents often take the form of specific services or management practices that the local jurisdiction feels are necessary for the successful operation of group homes. These requirements tend to deal with the internal affairs of the operations and frequently involve issues beyond those in typical land use regulations. For example, local jurisdictions do not typically regulate the number of daily visitors to a single-family home or other residential property.
When applied to group homes, these types of regulations raise concerns that a local government is imposing conditions on them that are contrary to its duties to support housing for persons with disabilities, prevent discrimination on the basis of disability or other protected characteristics, and provide reasonable accommodations.
104 See, e.g., Health & Saf. Code, § 13113 (requiring sprinkler systems in certain licensed residential facilities).
710
31 Before adopting or applying any such regulations even for licensed group homes, local governments should analyze whether they are consistent with state housing laws and document this analysis. Local governments should also consider whether such regulations are consistent with the Health and Safety Code’s provisions and regulations for licensed facilities.
Although this Group Home TA cannot address all potential issues regarding potential regulations of operators and residents, the following are examples of requirements taken from recent local ordinances:
Imposing Special Parking Requirements on Group Homes. Requiring group homes to have or construct additional off-street parking spaces can impose considerable costs that constrain housing opportunities for persons with disabilities. These special parking requirements will often conflict with the right to privacy under the California Constitution,105 as well as local governments’ obligations to affirmatively support housing for persons with disabilities and avoid discriminating against them. Jurisdictions imposing additional parking requirements assume that group homes serving adults will have more residents who drive and will therefore use more on-street parking than other households. But these assumptions should at the very least be tested by studying the actual causes and extent of on-street parking shortages in an area.106 Local governments should also consider less discriminatory alternatives, such as street- parking permit systems for all households or other generally applicable parking and vehicle regulations.
Restricting Recovery Residence Occupants to Persons Actively Participating in Recovery Programs. While most occupants of recovery residences participate in recovery programs, local governments should not impose this as a condition of living in a recovery residence. There are different models of recovery, not all of which involve participating in 12-step or similar programs. And recovering from alcoholism or drug addiction is legally recognized as a protected disability regardless of whether someone has participated or is currently participating in a recovery or treatment program.107
105 Adamson, supra, 27 Cal.3d at 133 (concluding that parking concerns are best addressed by limitations that “appl[y] evenly to all households” and concluding that zoning ordinances are suspect when they focus on users instead of uses). 106 See, e.g., Lauber, supra, n. 16 at 385 & n. 52 (citing studies finding that group homes do not generate undue amounts of parking or traffic). 107 Hernandez v. Hughes Missile System Co. (9th Cir. 2004) 362 F.3d 564, 568; HUD – DOJ 2016 Jt. Stmt. on Local Land Use Laws at 7-8.
711
32 Restricting Occupancy Exclusively to Persons with Disabilities. Regulations restricting group home occupancy exclusively to persons with disabilities or with a specific disability may sometimes intrude on individuals’ fair housing choices and privacy rights. They also risk discriminating on the basis of other protected statuses.
Inflexible occupancy restrictions, for example, could preclude group homes designed for families in which one member has a disability or recovery residences designed for parents in recovery who are seeking to reunite with their children.
Restricting Occupants or Staff from Homes Based on Their Criminal History Records. Policies that prohibit individuals from living in or working at group homes based on individuals’ criminal history records may be intended to protect the occupants of these homes. But local governments contemplating adopting or applying such policies should carefully review California Code of Regulations, title 2, sections 11017.1; 12162, subdivision (b); and 12264-12271, which set parameters on using criminal history information that, among other things, restrict access to employment or housing.
Local governments should also consider state laws and regulations that apply to criminal background checks for licensed facilities’ employees.108 Requiring R
ecovery Residences or AOD Facilities to Immediately Remove Occupants Who Violate Policies Prohibiting Alcohol or Drug Use. Although Health and Safety Code section 11834.26, subdivision (d), requires AOD facilities to plan how to address a resident’s relapse, that subdivision clarifies that this “does not require a licensee to discharge a resident.” This recognizes that approaches to addressing someone’s relapse may vary depending on a recovery residence’s or AOD facility’s program, the circumstances of the relapse, and an individual’s personal history and needs. Local policies should allow the same flexibility. Moreover, requirements to immediately remove relapsing residents with tenancy rights may conflict with landlord- tenant laws.
Other Examples
• House Manager Requirements—requiring group homes to have a house manager on site around the clock or always available to come to the residence within 30 or 45 minutes.
• Visitor Restrictions—requiring group homes to limit who can visit and under what conditions.
108 See, e.g., Health & Saf. Code §§ 1522, 1569.17, 11834.27; Cal. Code Regs., tit. 9, §§ 10564, 10615, 10624, tit. 22, §§ 80019-19.2.
712
33 • Records Maintenance—requiring group homes to maintain specific records about the internal affairs or occupants of the house.
• Codes of Conduct—requiring group homes to have special conduct codes for their residents.
• Neighborhood Notice Requirements—imposing special neighborhood notice requirements on group homes.
• Law Enforcement Registration Requirements—requiring group homes to register with the local sheriff’s office or other law enforcement offices.
Regulations like these can be based on mistaken or prejudicial fears about group homes, instead of actual data and evidence. Particularly in light of research finding that fears about group homes endangering neighbors’ health and safety are unfounded, 109 such provisions may in themselves be regarded as evidence that a local government is not complying with its requirements to affirmatively support housing for persons with disabilities and prevent discrimination against group homeowners, operators, and residents.
Regulations like these can also create unnecessary constraints on group homes by imposing overbroad, additional costs and burdens on the many group homes that capably serve their occupants’ needs and seamlessly integrate into their communities.
They can intrude on privacy rights. They can discriminate on the basis of disability or other protected characteristics if, for example, requirements like these are imposed on group homes but not on other housing. For these reasons, among others, regulations like these generally conflict with state housing laws.
G. Civil Actions for Operating Without a Required State License
Some categ
ories of group homes, such as all those serving children, require state licenses. But many, if not most, group homes do not require state licenses to operate.
These include, for example, group homes that provide peer support and limited services to residents but not the more extensive care and supervision that requires obtaining a license. Recovery residences that do not provide alcoholism or drug addiction recovery or treatment services are other examples of group homes that do not require licenses.
Examples of group homes that do require licenses include the ones in this table:
109 See, supra, nn. 15-16.
713
34 Use Health and Safety Code
Sections
Licensing Agency
Community Care
Residential Facilities
(including various
subcategories)
§ 1500 et seq. &
§ 1569 et seq., e.g.,
California Department of
Social Services (CDSS)
AOD Facilities § 11834.01 et seq. California Department of Health Care Services
(DHCS)
Some local gov
ernments have amended their zoning ordinances to declare that operating a business without a required state license is a public nuisance. Some of these ordinances single out recovery residences that are providing recovery or treatment services without a license. These jurisdictions file civil actions seeking to abate these nuisances by closing some noncompliant recovery residences, requiring others to obtain the required license, or imposing limitations on recovery residences that were not providing recovery or treatment services.
Local governments have discretion to define as public nuisances’ business or construction activities that are undertaken without a required permit or license. And at least one California appellate court has upheld a city’s public nuisance action against a recovery residence where the owners’ own website advertised that they provided on- site drug addiction treatment services.110
But juris
dictions considering adopting this practice should still carefully assess the issues and problems that can arise under state law. Guidelines for local governments considering this include the following:
• Avoid targeting these nuisance actions on group homes operating without required licenses while ignoring other businesses operating in residences without required licenses. Although public prosecutors have broad discretion to prioritize which violations or violators to prosecute, they cannot use this discretion in ways that discriminate on the basis of disability or other protected characteristics. Jurisdictions should not single out group homes unlawfully operating without required licenses while ignoring businesses doing the same thing in other residences.
110 City of Dana Point v. New Method Wellness, Inc. (2019) 39 Cal.App.5th 985. 714
35 • Give group homes the same opportunities to respond to and resolve alleged code violations as other alleged violators. For example, if other property owners or businesses are allowed to respond to and resolve alleged code violations during investigations or administrative hearings, those same procedures should apply to group homes that are allegedly providing services that require a license without having obtained one.
• Use the processes available through DHCS and CDSS, for example, for resolving allegations that a group home is operating without a required license. If a locality has evidence that a residence is providing unlicensed recovery or treatment services in facilities under DHCS’s jurisdiction or unlicensed care or supervision for residents in facilities under CDSS’s jurisdiction, it should use these departments’ processes for investigating such complaints and abating them if they have merit.111 This is especially important when group home operators have not openly admitted that they are providing unlicensed services on-site.
Determining what activities at a group home rise to the level of licensable services, in contrast to common policies or mutual support activities that do not require licenses, can involve nuanced and technical issues that are beyond the expertise of most local planning or code enforcement staff. DHCS’s and CDSS’s staff have the expertise and experience to investigate these claims, make these determinations, and abate violations of the licensing laws they enforce.
If jurisdictions are filing their own, more costly civil actions to resolve disputes over whether a group home requires a license, this runs the risk of courts issuing mistaken rulings without the benefit of DHCS’s or CDSS’s findings and expertise.112 It also raises questions under state housing laws about why a local government is not availing itself of DHCS’s or CDSS’s procedures and opting instead to subject a group home to more expensive and burdensome civil litigation.
111 See, e.g., Cal. Code Regs., tit. 9, § 10542, tit. 22, § 80006. 112 Cf. Farmers Ins. Exchange v. Superior Court (1992) 2 Cal.4th 377, 390 (explaining that under primary jurisdiction doctrine, courts may suspend proceedings to allow an administrative agency with specialized expertise to determine an issue within the scope of its regulatory authority).
715
36 H. ENFORCING GENERALLY APPLICABLE MUNICIPAL CODES AND OTHER LAWS
If group home
operators are engaging in activities that constitute public nuisances; violating generally applicable building, housing, or other health and safety laws; committing fraud; or engaging in other illegal activities, local governments can address these issues through the same code enforcement and other legal processes they apply to others who violate municipal codes and other laws. This may still require considering if reasonable accommodations are appropriate in some circumstances. And local governments should avoid overbroad or discriminatory applications of nuisance laws, such as basing nuisance actions on 911 calls for emergency services. 113 But if a group
home is found to have violated local or state law, local governments may seek equitable relief that could include more stringent oversight and other affirmative relief to prevent further violations.
Focusing on individual group homes that are actually causing problems is a better practice than adopting overly broad and constraining regulations for all group homes that conflict with state housing laws.
8. RESOURCE MATERIALS AND STATE CONTACTS
Resource Materials
Affirmatively Furthering Fair Housing: Guidance for All Public Entities and for Housing Elements (April 2021 Update), available at
https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4- 27-2021.pdf
Housing Accountability Act Technical Assistance Advisory, HCD (Sep. 15, 2020), available at https://www.hcd.ca.gov/community-development/housing- element/housing-element-memos/docs/hcd-memo-on-haa-final-sept2020.pdf Housing Element Building Blocks, HCD, available at
https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks
113 See. e.g., Cal. Code Regs., tit. 2, § 12162, subd. (a); United States Department of Housing and Urban Development, Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances (Sep. 13, 2016), available at
https://www.hud.gov/sites/documents/FINALNUISANCEORDGDNCE.PDF. 716
37 Housing Element Building Blocks – Constraints for People with Disabilities, HCD, available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks/constraints-people-disabilities Housing Element Building Blocks – Persons with Disabilities, HCD, available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks/people-disabilities-including-developmental-disabilities Housing Element Building Blocks – Zoning for a Variety of Housing Types, HCD, available at https://www.hcd.ca.gov/planning-and-community-development/housing- elements/building-blocks/zoning-variety-of-housing-types Joint Statement of the Department of Housing and Urban Development and the Department of Justice – State and Local Land Use Laws and Practices and the Application of the Fair Housing Act, HUD - DOJ (Nov. 10, 2016), available at https://www.justice.gov/opa/file/912366/download
Senate Bill 2—Legislation Effective January 1, 2008: Local Planning and Approval for Emergency Shelters and Transitional and Supportive Housing, HCD (Apr. 10, 2013 update), available at https://www.hcd.ca.gov/community- development/housing-element/housing-element-memos/docs/sb-2-combined- update-mc-a11y.pdf
Transitional and Supportive Housing, Chapter 183, Statutes of 2013 (SB 745), HCD (Apr. 24, 2014), available at https://www.hcd.ca.gov/community- development/housing-element/housing-element-
memos/docs/sb745memo042414.pdf
Contacts
HCD
HCD accepts requests for technical assistance from local jurisdictions and requests for review of potential violations from any party. All comments submitted to HCD are subject to the California Public Records Act. Send email requests to: [email protected].
California Department of Health Care Services (DHCS)
Information about DHCS’s complaint process for licensing issues at AOD facilities is available at https://www.dhcs.ca.gov/individuals/Pages/Sud-Complaints.aspx, by emailing [email protected], or by calling (877) 685-8333.
California Department of Social Services (CDSS)
Information about CDSS’s complaint process for licensing issues at facilities that it regulates is available at https://www.cdss.ca.gov/reporting/file-a-complaint/ccld- complaints or by calling (844) 538-8766.
717
EXHIBIT 3
718
22-56181
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
THE OHIO HOUSE, LLC,
Plaintiff-Appellant,
v.
CITY OF COSTA MESA,
Defendant-Appellee.
On Appeal from the United States District Court
for the Central District of California
Case No. 8:19-cv-01710-JVS-GJS
Hon. James V. Selna, District Judge
BRIEF OF AMICI CURIAE THE CALIFORNIA CIVIL
RIGHTS DEPARTMENT AND THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT IN SUPPORT OF APPELLANT AND
REVERSAL
ROB BONTA
Attorney General of California
MICHAEL L. NEWMAN
DANIEL A. OLIVAS
Senior Assistant Attorneys General
JAMES F. ZAHRADKA II
CHRISTINA BULL ARNDT
Supervising Deputy Attorneys
General
LISA C. EHRLICH (SBN 270842)
KENNETH J. SUGARMAN
Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 510-3489
Email: [email protected]
Attorneys for California Civil Rights
Department and California Department
of Housing and Community
Development
Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 1 of 39 719
TABLE OF CONTENTS
Page
i
INTRODUCTION AND INTERESTS OF AMICI ...................................... 1 ARGUMENT ................................................................................................. 3 I. California Law Prohibits Housing Discrimination
Against People with Disabilities ............................................... 4 A. FEHA and Its Implementing Regulations Prohibit
Land Use Practices that Discriminate Against
People with Disabilities .................................................. 5 B. California’s Constitutional Privacy Right Protects
Group Home Residents ................................................. 12 II. The Judgment Below Should Be Reversed Because Costa Mesa’s Ordinances Violate California Law ............................ 13 A. Costa Mesa Failed to Make the Showings
Necessary to Sustain Its Facially Discriminatory
Ordinances Under FEHA .............................................. 14 B. Costa Mesa Failed to Demonstrate Compliance
with FEHA Reasonable Accommodation
Requirements ................................................................ 21 III. Restrictive Zoning Codes Like Costa Mesa’s Are
Contrary to Public Policy and Have a Negative Impact on Housing for Californians with Disabilities ............................. 25 CONCLUSION ............................................................................................ 29 Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 2 of 39 720
TABLE OF AUTHORITIES
Page
ii
CASES
Auburn Woods I Homeowners Ass’n v. Fair Emp’t & Hous.
Comm’n
121 Cal. App. 4th 1578 (2004) ...................................................................7 Broadmoor San Clemente Homeowners Ass’n v. Nelson
25 Cal. App. 4th 1 (1994) .................................................................. 13, 15 Brown v. Smith
55 Cal. App. 4th 767 (1997) .. ....................................................................7 City of Santa Barbara v. Adamson
27 Cal. 3d 123 (1980) .................................................................. 12, 17, 24 City of Santa Barbara v. Adamson
90 Cal. App. 3d 606 (1979) ..................................................................... 17 Coal. Advocating Legal Hous. Options v. City of Santa Monica 88 Cal. App. 4th 451 (2001) .................................................................... 12 Martinez v. City of Clovis
90 Cal. App. 5th 193 (2023) .................................................... 7, 11, 12, 16 Oconomowoc Residential Programs, Inc. v. City of Milwaukee 300 F.3d 775 (7th Cir. 2002) ............................................................. 15, 25 Pac. Shores Props., LLC v. City of Newport Beach
730 F.3d 1142 (9th Cir. 2013) ....................................................................6 Pack v. Fort Washington II
689 F. Supp. 2d 1237 (E.D. Cal. 2009) ................................................... 20 Page v. Super. Ct.
31 Cal. App. 4th 1206 (1995) .....................................................................7 Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 3 of 39 721
TABLE OF AUTHORITIES
(continued)
Page
iii
Socal Recovery, LLC v. City of Costa Mesa
56 F.4th 802 (9th Cir. 2023) ................................................................ 6, 28 Sada v. Robert F. Kennedy Med. Ctr.
56 Cal. App. 4th 138 (1997) … ................................................................ 6 Walker v. City of Lakewood
272 F.3d 1114 (9th Cir. 2001) ....................................................................6 Yamaha Corp. of Am. v. State Bd. of Equalization
19 Cal. 4th 1 (1998) ....................................................................................7
STATUTES AND REGULATIONS
United States Code, Title 42
§ 3601 .........................................................................................................6 § 3631 .........................................................................................................6 California Government Code
§ 8899.50 ....................................................................................... 1, 18, 24 § 8899.50(a)(1) .................................................................................. 10, 11 § 12161 .......................................................................................................8 § 12161(a) ...................................................................................................8 § 12161(b) ...................................................................................................8 § 12162 .......................................................................................................8 § 12900 .................................................................................................. 1, 5 § 12920 .......................................................................................................1 § 12921 .......................................................................................................1 § 12921(b) ...................................................................................................5 § 12926(j) ....................................................................................................6 § 12927(c)(1) ................................................................................... 5, 9, 23 § 12930(e) ...................................................................................................1 § 12930(j) ....................................................................................................1 § 12935(a) ...................................................................................................7 § 12955 .......................................................................................................5 § 12955(l) ....................................................................................... 5, 10, 12 Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 4 of 39 722
TABLE OF AUTHORITIES
(continued)
Page
iv
§ 12955(m) ..................................................................................................6 § 12999 .................................................................................................. 1, 5 § 65000 .................................................................................................... 10 § 65008 .......................................................................................................1 § 65580 .......................................................................................................1 § 65582(f) ................................................................................................ 10 § 65583 .................................................................................................... 10 § 65583(a)(5) ......................................................................... 11, 16, 18, 24 § 65583(a)(7) ............................................................................... 11, 16, 18 § 65583(b)(1) ..................................................................................... 11, 18 § 65583(c)(3) ............................................................................... 11, 18, 24 § 65583(c)(5) ..................................................................................... 18, 24 § 65583(c)(10)(A) .............................................................................. 18, 24 § 65583(c)(10)(A)(ii) ......................................................................... 11, 18 § 65583(c)(10)(A)(iv) .................................................................. 11, 16, 18 § 65585(a) ...................................................................................................2 § 65585(e) ...................................................................................................2 § 65585(j) ....................................................................................................2 § 65589.11 ..................................................................................................1 § 66499.58 ............................................................................................... 10 California Health and Safety Code
§ 50152 .......................................................................................................2 § 50456 .......................................................................................................2 § 50459 .......................................................................................................2 § 50464 .......................................................................................................2 Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 5 of 39 723
TABLE OF AUTHORITIES
(continued)
Page
v
California Code of Regulations, title 2
§ 12005 .................................................................................. 1 § 12005(bb) ........................................................................ 7, 8 § 12040(c) ............................................................................ 14 § 12042(f)(1)(A) ........................................................ 9, 14, 19 § 12042(f)(1)(B) .................................................................... 9 § 12042(f)(2) .............................................................. 9, 14, 20 § 12176(c) .............................................................................. 9 § 12177 ................................................................................ 21 § 12177(a) ...................................................................... 10, 21 § 12177(c) ...................................................................... 10, 21 § 12179(b)(1) ....................................................................... 22 § 12179(e) ........................................................................ 9, 22 § 12179(f) ........................................................................ 9, 22 § 12180(c)(6) ....................................................................... 23 § 12271 .................................................................................. 1
CONSTITUTIONAL PROVISIONS
California Constitution Article I, § 1 ............................................................ 12
COURT RULES
Federal Rules of Appellate Procedure
Rule 29(a)(2) ...............................................................................................3 Rule 29(a)(4)(E) ..........................................................................................3
OTHER AUTHORITIES
Cal. Dep’t of Hous. and Cmty. Dev., Group Home Technical Advisory (2022),
https://www.hcd.ca.gov/sites/default/files/docs/planning- and-community/group-home-technical-advisory-2022.pdf ............. passim City Approved Sober Living/Group Homes, Costa Mesa,
https://tinyurl.com/yukycasy ................................................................... 28 Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 6 of 39 724
TABLE OF AUTHORITIES
(continued)
Page
vi
Fusion Ctr., Data Brief: 2020 and 2021 Increases in Deaths in California, Cal. Dep’t of Pub. Health (July 1, 2022),
https://tinyurl.com/4bbcb5d4 ................................................................... 28 Group Homes/Sober Living Information and Application, Costa Mesa, https://tinyurl.com/4wjhb6ky ........................................................ 29 Korcha et al., Sober Living Houses: Research in Northern and Southern California, Addiction Science & Clinical Practice (2015), https://tinyurl.com/rh8prtbw ....................................................... 26 Mericle et al., Identifying the Availability of Recovery Housing in the U.S.: The NSTARR Project, Drug and Alcohol
Dependence 230 (2022), https://tinyurl.com/y48mpfze .......................... 28 Polcin et al., Sober Living Houses for Alcohol and Drug Dependence: 18-Month Outcomes, J. of Substance Abuse
Treatment (2010), https://tinyurl.com/2ba5ccbw .................................... 17 Polcin et al., What Did We Learn from Our Study on Sober Living Houses and Where Do We Go from Here? J. of
Psychoactive Drugs (Dec. 2010),
https://tinyurl.com/yzcxmb3r .................................................................. 26 Substance Abuse and Mental Health Servs. Admin., Recovery Housing: Best Practices and Suggested Guidelines (2018), https://tinyurl.com/mr4c4arz ................................................................... 26 U.S. Dep’t of Health & Human Servs., Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health (2016), https://tinyurl.com/ssnem8v3 ................................... 25 Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 7 of 39 725
1 INTRODUCTIO
N AND INTERESTS OF AMICI
Californians have the right to obtain and hold housing of their choice without discrimination based on disability. Cal. Gov’t Code §§ 12920- 12921.1 In fact, California law requires local governments to take affirmative actions to further opportunities for people with disabilities to live where they choose, in housing that meets their particular needs. These rights and requirements are enumerated in several state laws, including the California Fair Employment and Housing Act (FEHA, id. §§ 12900-12999) and its implementing regulations; the Housing Element Law (id. §§ 65580- 65589.11); the Land Use Anti-Discrimination Law (id. § 65008); and the Affirmatively Furthering Fair Housing Law (id. § 8899.50).
The California Civil Rights Department (CRD, formerly known as the Department of Fair Employment and Housing) is the state agency charged with enforcing California’s civil rights laws, including the fair housing protections in FEHA. In exercising this authority, CRD has promulgated comprehensive regulations implementing FEHA, see, e.g., Cal. Code Regs. tit. 2, §§ 12005-12271, and has investigated and prosecuted civil actions under FEHA in state and federal court, see Gov’t Code § 12930(e)-(j). CRD 1 All statutory citations are to the California Codes unless otherwise indicated.
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2 thus has a strong interest in the proper application of FEHA standards in housing discrimination cases in California.
The California Department of Housing and Community Development (HCD) is the state agency responsible for enforcing housing laws in California, and has “primary responsibility for development and implementation of housing policy.” Health & Safety Code § 50152; see also Gov’t Code § 65585(j). HCD’s responsibilities also include advising cities on state housing law and policy, developing guidelines on “housing elements” and other housing law issues, and reviewing each local government’s housing element for substantial compliance with the Housing Element Law. Health & Safety Code §§ 50456, 50459, 50464; Gov’t Code § 65585(a)-(e). One of HCD’s recent initiatives to carry this mandate out is its Group Home Technical Advisory, which was issued in 2022 in response to legal concerns around some local governments’ adoption of new zoning regulations for group homes—housing shared by people with disabilities that provides support for the residents’ disability-related needs—and explained Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 9 of 39 727
3 how these r
egulations can conflict with state law.2 HCD thus has a strong interest in the proper application of state housing laws and their interaction with FEHA, including in the area of group homes.3
As discussed further below, it appears to amici that the district court failed to properly apply the broad protections California law affords people with disabilities with respect to housing. Amici therefore respectfully submit this brief to aid this Court’s consideration of the important state law issues this case presents.
ARGUMENT
California law protects people with disabilities from housing discrimination, and requires cities to take affirmative actions in their land- use rules to advance the ability of people with disabilities to live in neighborhoods of their choice and in residential settings that address their 2 This document is available on the Department’s website at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ group-home-technical-advisory-2022.pdf.
3 No party’s counsel authored this brief in whole or in part; no party or party’s counsel contributed money that was intended to fund preparing or submitting this brief; and no person other than the amici curiae contributed money that was intended to fund preparing or submitting this brief. See Fed.
R. App. P. 29(a)(4)(E). Amici have filed a motion for leave along with this brief, as the City of Costa Mesa refused to consent to the filing. See Fed. R.
App. P. 29(a)(2).
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4 particular
disability-related needs. As one aspect of that statutory and regulatory scheme, FEHA requires courts to carefully scrutinize local land use laws, like Costa Mesa’s, that facially discriminate against group homes for people with disabilities. Such laws are permissible only if they objectively benefit people with disabilities and are the least restrictive means of achieving the municipality’s policy objectives. The judgment below should be reversed because Costa Mesa failed to make such a showing, and also failed to satisfy FEHA’s reasonable-accommodation requirements.
Ordinances like Costa Mesa’s not only violate fundamental principles of state housing and antidiscrimination law; they are also contrary to California’s critical public policy goals and do real harm to people with disabilities.
4 I. CALIFORNIA LAW PROHIBITS HOUSING DISCRIMINATION
AGAINST PEOPLE WITH DISABILITIES
FEHA a
nd its regulations expressly prohibit housing discrimination against protected classes of individuals, including people with disabilities.
FEHA’s protection includes its incorporation of other state housing laws as a 4 As Appellant’s opening brief explains, it appears that federal law may require reversal as well. But amici will address only certain state law issues in this brief.
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5 potential basis for liability. In addition, the California Constitution provides a privacy right that extends to group housing.
A. FEHA and Its Implementing Regulations Prohibit Land
Use Practices that Discriminate Against People with
Disabilities
FEHA provides comprehensive protection against housing and employment discrimination in California. Gov’t Code §§ 12900-12999. It establishes as a “civil right” the “opportunity to seek, obtain, and hold housing without discrimination” on the basis of a number of enumerated protected characteristics. Id. § 12921(b). FEHA prohibits specific unlawful housing practices, including discrimination or harassment generally, retaliation, otherwise making unavailable or denying a dwelling based on discrimination, and discriminating through public or private land use practices. Id. § 12955; see id. § 12955(l) (“Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law . . . that make housing opportunities unavailable.”). FEHA defines “discrimination” to include the “refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.” Id. § 12927(c)(1).
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6 FEHA prohibits discrimination based on, among other characteristics, disability, and “includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.” Gov’t Code § 12955(m).
Individuals recovering from addiction are recognized as people with disabilities, see id. § 12926(j), and “sober living homes and other dwellings intended for occupancy by persons recovering from alcoholism and drug addiction are protected from illegal discrimination against the disabled.” Socal Recovery, LLC v. City of Costa Mesa, 56 F.4th 802, 814 (9th Cir. 2023).
FEHA and its federal law counterpart, the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3631, are related but offer distinct sets of protections.
California courts applying FEHA “‘often follow decisions construing federal antidiscrimination statutes, as long as those decisions provide appropriate guidance.’” Walker v. City of Lakewood, 272 F.3d 1114, 1126 (9th Cir. 2001) (quoting Sada v. Robert F. Kennedy Med. Ctr., 56 Cal. App. 4th 138, 150 n.6 (1997)). Thus, in some instances, this Court “‘appl[ies] the same standards to FHA and FEHA claims.’” Pac. Shores Props., LLC v. City of Newport Beach, 730 F.3d 1142, 1156 n.14 (9th Cir. 2013) (quoting Walker, 272 F.2d at 1131 n.8). But FEHA has force independent of the FHA, and in Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 13 of 39 731
7 certain situations it “may provide greater protection against discrimination”—that is, “the FHA provides a minimum level of protection that FEHA may exceed.” Auburn Woods I Homeowners Ass’n v. Fair Emp’t & Hous. Comm’n, 121 Cal. App. 4th 1578, 1591 (2004) (quoting Brown v.
Smith, 55 Cal. App. 4th 767, 780 (1997)); see also, e.g., Page v. Super. Ct., 31 Cal. App. 4th 1206, 1215-16 (1995) (declining to follow federal decisions that would limit supervisor’s personal liability under California antidiscrimination statute); Martinez v. City of Clovis, 90 Cal. App. 5th 193, 254-73 (2023) (analyzing FEHA claim separately from FHA claim), petition for review pending, No. S280039 (Cal.).
Pursuant to its legislative authority, see Gov’t Code § 12935(a), CRD has promulgated regulations implementing FEHA. These “quasi-legislative” regulations, which “have the dignity of statutes” under principles of California administrative law, Yamaha Corp. of Am. v. State Bd. of Equalization, 19 Cal. 4th 1, 10-11 (1998), are relevant to this case in at least three respects.
First, the FEHA regulations incorporate acts under other state housing laws into the definition of “[p]ublic land use practices” that can be challenged as discriminatory under FEHA. Cal. Code Regs. tit. 2, § 12005(bb). The regulations define “[p]ublic land use practices” to include Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 14 of 39 732
8 “all practices by governmental entities . . . in connection with development and land use that are related to or have an effect on existing or proposed dwellings or housing opportunities.” Id.5 The FEHA regulations specifically prohibit discriminatory treatment and discriminatory effects in such land use practices. Id. §§ 12161-12162. The regulations’ definition of “land use practices” thus covers a broad range of potential public action, and prohibits such actions that make housing opportunities unavailable for people with disabilities and impose different requirements on a protected class, if the practice intentionally discriminates against or has a discriminatory effect on members of the protected class. Id. §§ 12005(bb), 12161(a)-(b).
Second, when a public entity’s land use policy is facially discriminatory—as is the case with Costa Mesa’s ordinances here, see infra at 14—the entity must make two specific showings to avoid liability. It must establish that the policy both “[o]bjectively benefits a protected class” and
5 These practices include, among other things, adoption of ordinances, permitting and zoning decisions, actions under the Housing Element Law (part of the California Planning and Zoning Law and the State Housing Law, both cited in the regulation), and “[a]ll practices that could affect the availability, feasibility, use, or enjoyment of housing opportunities.” Cal.
Code Regs., tit. 2, § 12005(bb).
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9 “[i]s the least restrictive means of achieving the identified purpose.” Cal.
Code Regs. tit. 2, § 12042(f)(1)(A), (f)(2).6
Third, the FEHA regulations also implement the statute’s reasonable accommodation requirement. See Gov’t Code § 12927(c)(1). As applicable to zoning and permitting cases, a public entity must “make reasonable accommodations unless providing the requested accommodation would constitute an undue financial and administrative burden or a fundamental alteration of its program.” Cal. Code Regs. tit. 2, § 12176(c); see Gov’t Code § 12927(c)(1) (discrimination can include failure to make reasonable accommodations).
7 Moreover, the regulations require that whenever a public entity cannot immediately grant a reasonable accommodation request, it must undertake a good-faith interactive process “to exchange information to
6 In addition, or as an alternative, to demonstrating an “objective benefit,” an entity may also show the policy “[r]esponds to legitimate safety concerns raised by the individuals affected by the facially discriminatory policy, rather than being based on stereotypes about them.” Cal. Code Regs. tit. 2, § 12042(f)(1)(B). Here, the district court found the City had not offered any such concerns at trial to justify its regulations. ER 10. 7 A proposed accommodation constitutes a “fundamental alteration” only if it would “change the essential nature of the services or operations of the person being asked to provide the accommodation or modification,” and cannot be denied based on “fears or prejudices” about the disability, or because it “might possibly become an undue burden if extended to multiple other individuals who might request accommodations or modifications.” Cal. Code Regs. tit. 2, § 12179(e)-(f).
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10 identify,
evaluate, and implement a reasonable accommodation or
modification that allows the individual with a disability equal opportunity.” Cal. Code Regs. tit. 2, § 12177(a). This includes affirmatively “identify[ing] if there is another accommodation or modification that is equally effective.” Id. § 12177(c).
In addition to these regulatory provisions, FEHA’s prohibition of actions that “make housing opportunities unavailable” based on protected characteristics, Gov’t Code § 12955(l), is informed by state laws that require local jurisdictions to plan for and accommodate adequate housing opportunities for all individuals. A key aspect of the Planning and Zoning Law, Gov’t Code §§ 65000-66499.58, is the requirement that local governments prepare a housing element, see id. § 65582(f). In that document, cities must thoroughly analyze fair housing issues related to housing for people with disabilities and set forth a program of actions that protect and promote such housing, as well as meaningfully, quantifiably, and affirmatively further fair housing. Id. § 65583.
8 Among other requirements,
8 ‘“Affirmatively furthering fair housing”’ is defined under California law to include “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 17 of 39 735
11 the housin
g element must “demonstrate local efforts to remove
governmental constraints that hinder . . . meeting the need for housing for persons with disabilities,” id. § 65583(a)(5), and must “remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities,” id. § 65583(c)(3). It must include a fair housing assessment with specific goals, implementation strategies, and “metrics and milestones” for evaluating results. Id. § 65583(c)(10)(A)(iv). Notably, to satisfy these obligations, cities are required to use and adduce data, analyses, and quantitative objectives. See, e.g., id. § 65583(a)(5), (a)(7), (b)(1), & (c)(10)(A)(ii). In other words, numerous provisions of state housing law address the adequacy of local policies in protecting and promoting housing opportunities for people with disabilities.
Recently, the California Court of Appeal held that local governmental actions that violate the Planning and Zoning Law (including the Housing Element Law) and make housing opportunities unavailable to members of a protected class also violate FEHA. Martinez, 90 Cal. App. 5th at 268-71.
The court concluded that the plaintiff had stated a FEHA claim by pleading protected characteristics.” Gov’t Code § 8899.50(a)(1) (internal quotation marks in original).
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12 that a local government’s failure to comply with the Housing Element Law “‘make[s] housing opportunities unavailable’ as that phrase is used in . . . section 12955, subdivision (l).” Id. at 269. Martinez thus underscores that one important aspect of FEHA’s housing-related protections stems from the statute’s interaction with other state housing laws.
B. California’s Constitutional Privacy Right Protects Group Home Residents
In addition to these state statutory and regulatory provisions, the California Constitution provides protections for people with disabilities living in communal, group home settings that courts must consider when examining local ordinances. This protection stems from Article I, Section 1 of the California Constitution, which declares an “inalienable right[]” to (among other things) “privacy.”
In City of Santa Barbara v. Adamson, 27 Cal. 3d 123 (1980), the California Supreme Court held that this constitutional privacy right prohibited a city ordinance that disallowed more than five persons unrelated by blood or marriage from living in a communal setting. Id. at 134. The court explained that the state Constitution protects a “right of privacy not only in one’s family but also in one’s home . . . [and] the right to live with whomever one wishes.” Id. at 130; see also Coal. Advocating Legal Hous.
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13 Options
v. City of Santa Monica, 88 Cal. App. 4th 451, 458-61 (2001) (rejecting city’s limitations on who may live in an accessory dwelling unit because “the right to choose with whom to live is fundamental”).
This protection is relevant here because of the importance of communal living arrangements to people with disabilities. Group homes can provide peer support for disability-related needs, help people with disabilities live in deinstitutionalized settings, and integrate residents into their communities.
See Group Home Technical Advisory at 1, 6. As a result, the California Legislature has recognized that “‘persons with disabilities . . . are significantly more likely than other persons to live with unrelated persons in group [homes].’” Broadmoor San Clemente Homeowners Ass’n v. Nelson, 25 Cal. App. 4th 1, 6 (1994) (quoting 1992 Cal. Stat., ch. 1277, § 18, and 12 West Cal. Legis. Serv. 6038 (legislative finding and declaration in statute relating to fair housing)).
II. T
HE JUDGMENT BELOW SHOULD BE REVERSED BECAUSE COSTA
MESA’S ORDINANCES VIOLATE CALIFORNIA LAW
The distr
ict court failed to properly apply the state law principles just discussed, and there was no legally sufficient evidentiary basis for a reasonable jury to find for Costa Mesa, necessitating reversal.
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14 A. Costa Mes
a Failed to Make the Showings Necessary to
Sustain Its Facially Discriminatory Ordinances Under
FEHA
Costa Mesa’s ordinances at issue here apply to “group homes,” which are defined as dwellings “being used as a supportive living environment for persons who are considered handicapped under state or federal law.” ER 251. As the district court correctly recognized, see ER 252, this scheme is a “‘[f]acially discriminatory policy’” because it “explicitly conditions a housing opportunity on a protected basis, takes adverse action based on a protected basis, or directs adverse action to be taken based on a protected basis.” Cal. Code Regs. tit. 2, § 12040(c) (internal quotation marks in original). Thus, to avoid liability here, Costa Mesa bore the burden of establishing both that its law “[o]bjectively benefits a protected class,” id. § 12042(f)(1)(A), and that it “[i]s the least restrictive means of achieving the identified purpose,” id. § 12042(f)(2). Costa Mesa did not satisfy either prong of this analysis.
“Objectively benefits a protected class.” Costa Mesa’s
counterintuitive argument that its ordinances, which facially discriminate against group homes, in fact “objectively benefit” people with disabilities, ER 6-10, suffers from two key flaws.
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15 First, the gravamen of Costa Mesa’s successful “benefits” argument was that its policy purportedly advantages group homes by allowing them to avoid the restrictions the City places on “boarding houses”—i.e., a 1,000- foot spacing requirement, exclusion from a single-family residential zone, and “a six-person and six-room limit.” See, e.g., ER 6-10. But a comparison between group homes for people with disabilities and boarding houses is inapt. The communal living, peer support, and other assistance that group homes provide are essential housing resources for people with disabilities, who may not be able to live without them, unlike the non-disabled residents of boarding houses. Oconomowoc Residential Programs, Inc. v. City of Milwaukee, 300 F.3d 775, 787 (7th Cir. 2002). Thus, group homes, unlike boarding houses, are protected by state and federal fair housing laws. See e.g., Broadmoor San Clemente Homeowners Ass’n, 25 Cal. App. 4th. at 6; Group Home Technical Advisory at 24.
The City has failed to carry its burden to justify its regulations in this case, because treating people with disabilities who require group homes slightly better than “boarding house” residents is irrelevant. See Oconomowoc, 300 F.3d at 787. Costa Mesa’s regulations placing burdens and restrictions on group homes do not result in a “benefit” to people with disabilities, who have needs addressed by group homes that people without Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 22 of 39 740
16 disabilities who live in boarding houses do not share. Nor has the City shown that it would actually be lawful to impose on group homes the restrictions it imposes on boarding houses, or that Ohio House and other group homes would not be entitled to reasonable accommodations from them. The “benefits” defense based on a comparison to boarding houses fails as a matter of law.
Costa Mesa’s restrictions on group homes also conflict with the City’s obligations under state law to affirmatively further fair housing for people with disabilities and account for their particular needs. Among other deficiencies, the City’s policy fails to account for the “special housing needs” of “persons with disabilities,” Gov’t Code § 65583(a)(7); fails to “remove governmental constraints” on housing for people with disabilities, id. § 65583(a)(5); and fails to give “highest priority” to factors that “limit or deny fair housing choice or access to opportunity” for people with disabilities, id. § 65583(c)(10)(A)(iv). These failures may well independently violate FEHA by virtue of making housing opportunities unavailable to people with disabilities. See Martinez, 90 Cal. App. 5th at 268-70; supra at 10-12. At a minimum, however, they should foreclose Costa Mesa’s argument that its facially discriminatory ordinances somehow objectively benefit people with disabilities.
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17 The City seeks to distinguish Ohio House from other shared housing that it treats like single-family homes because not all of its occupants are joint owners or tenants. ER 5606, 5918. But in Adamson, the Court held that the California Constitution’s protection of privacy rights still applies when a property owner or primary tenant (like Ohio House) is renting out rooms for others to live in a communal setting. See Adamson, 27 Cal. 3d at 127-28, 136 & n.5; City of Santa Barbara v. Adamson, 90 Cal. App. 3d 606, 153 Cal.
Rptr. 507, 509 (1979) (confirming that Adamson was renting space in her house to the other occupants). In addition, group homes like Ohio House, in which the occupants are not joint owners or tenants, are well-established and important communal housing resources for people with disabilities.9 It is incongruous to suggest that restrictions contradicting state constitutional rights could provide a legally cognizable “benefit” to people who live in group homes.
Second, in addition to the legal inadequacy of the alleged benefits themselves, Costa Mesa failed to meet its burden to produce sufficient
9 See Group Home Technical Advisory at 24-25; Polcin et al., Sober Living Houses for Alcohol and Drug Dependence: 18-Month Outcomes, J. of Substance Abuse Treatment (2010); 38(4):356-365, at 2-4, https://tinyurl.com/2ba5ccbw.
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18 evidence of the imposed restrictions’ supposed benefit to people with disabilities. This failure is inconsistent with California’s housing laws, which require public agencies to take meaningful actions to affirmatively further fair housing and to make related assessments in their planning, supported by objective, quantifiable data. Gov’t Code §§ 8899.50, 65583(c)(10)(A). This includes an obligation to assess displacement risk, id. § 65583(c)(10)(A)(ii); analyze potential and actual governmental constraints on housing for people with disabilities and demonstrate efforts to remove constraints, id. § 65583(a)(5); perform a quantifiable analysis of housing needs for people with disabilities, id. § 65583(a)(7); state goals and quantified objectives relative to affirmatively furthering fair housing, id. § 65583(b)(1); address and work to remove constraints on housing for people with disabilities, id. § 65583(c)(3); and promote housing for people with disabilities, id. § 65583(c)(5).
Instead, the City’s “benefits” defense relied on subjective, speculative, and unsubstantiated opinions that people with disabilities could benefit from the City’s policy both allowing for the siting of group homes where they purportedly would not otherwise be allowed if they were regulated as “boarding houses,” and requiring 650-foot separation to prevent potential feelings of institutionalization for group home residents. See, e.g., ER 7-10.
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19 Related, the City failed to fully consider and support with sufficient evidence, for example, the extent to which its policy precludes group homes in areas or locations where they otherwise would be sited, or already have been sited, ignoring the creation of new constraints on housing for people with disabilities. And the City failed to fully consider and support with sufficient evidence whether more housing opportunities of their choice for the protected class would be in fact lost rather than gained as a result of the policy, including ignoring displacement risks. As a result, the district court lacked the requisite objective evidence, such as detailed quantitative data, studies, or assessments of what the needs of people with disabilities were or what the actual effects of the City’s group home policy would be. See generally ER 6-10; see also Cal. Code Regs. tit. 2, § 12042(f)(1)(A) (requiring defendants to show that a facially discriminatory housing policy “[o]bjectively benefits a protected class”). Indeed, what is known about the ordinances’ actual effects undermines the City’s claim, despite the lack of detailed quantitative studies. Those effects will include displacing dozens of people from their Ohio House homes and effectively imposing quotas on how many people recovering from addiction can live in each of the City’s various neighborhoods, and therefore in the City as a whole.
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20 “Least re
strictive means.” Even if Costa Mesa had been able to show that its ordinances objectively benefit people with disabilities, it would also have had to establish that its policy “[i]s the least restrictive means of achieving the identified purpose.” Cal. Code Regs. tit. 2, § 12042(f)(2); Pack v. Fort Washington II, 689 F. Supp. 2d 1237, 1243-44, 1248 (E.D. Cal. 2009) (granting summary adjudication on FEHA facial discrimination claim because rule was not the least restrictive means of achieving alleged purpose and noting possible alternative rule).
The City did not demonstrate with sufficient evidence that it was unable to achieve its central claimed purpose—avoiding the creation of institutionalized living in residentially zoned areas—by less restrictive means than it chose. Again, assuming for purposes of discussion that the City’s goal of limiting “institutionalization” was legitimate, the district court failed to scrutinize, for example, the City’s claimed need for at least 650 feet of space between group homes as the least restrictive means of achieving this purpose. See, e.g., ER 8-9 (lack of discussion of possible less restrictive alternatives the jury could have considered). This constitutes an independent ground for invalidating the City’s facially discriminatory ordinances.
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21 B. Costa Mesa Failed to Demonstrate Compliance with
FEHA Reasonable Accommodation Requirements
Apart from having enacted facially discriminatory ordinances, the record here shows that Costa Mesa violated FEHA by failing to make a reasonable accommodation for Ohio House, which requested that it be permitted to operate within 550 feet of another group home rather than the minimum 650 feet required by the City’s ordinance. This failure has two aspects. First, as specified in FEHA’s regulations, Costa Mesa was required to undertake a good-faith interactive process in response to Ohio House’s request for reasonable accommodation. Cal. Code Regs. tit. 2, § 12177. This includes evaluating and implementing a reasonable accommodation if possible, or affirmatively “identify[ing] if there is another accommodation or modification that is equally effective.” Id. § 12177(a), (c). It appears that the City did not make these interactive efforts and the district court did not consider these requirements when determining there was sufficient evidence to find the denial of a reasonable accommodation did not violate FEHA. See ER 2892-97; ER 16.
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22 being off
ered. Cal. Code Regs. tit. 2, § 12179(b)(1), (e). And, a reasonable accommodation request cannot be denied based on “fears or prejudices” about the disability, or because it “might possibly become an undue burden if extended to multiple other individuals who might request accommodations or modifications.” Id. § 12179(f).
“Fundamental alteration.” The court found that the jury had sufficient evidence to determine that a waiver of the 650-foot separation requirement constituted a “fundamental alteration” of the City’s zoning code creating residential neighborhoods. This was based on City testimony that a “cluster of group homes increases the number of adults living in an area, which increase[s] parking and traffic, [and] leads to increased related complaints,” such that “[t]he City wanted to reduce these effects to prevent the ‘institutionalization’ of residential neighborhoods and the degradation of the residential nature.” ER 16.
Assuming only for purposes of argument that the City’s goal was legitimate, the court’s order did not discuss any sufficient evidence showing that a deviation from the 650-foot separation rule would lead to these negative results, let alone any sufficient evidence that the 100-foot departure from the rule that Ohio House requested would do so. Indeed, Ohio House had already been located 550 feet from another group home, and there was Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 29 of 39 747
23 no sufficie
nt evidence discussed that this had created an institutionalized setting.
Moreover, the City’s concerns are a far cry from what are properly considered fundamental alterations. FEHA and its regulations specifically anticipate that cities will need to adjust their zoning codes to reasonably accommodate disability-related housing needs, Gov’t Code § 12927(c)(1); Cal. Code Regs tit. 2, § 12180(c)(6), undercutting the City’s argument that the claimed speculative effects of increased density alleged here could be considered fundamental alterations. Here, the allegations of increased parking needs, van traffic, and loading and unloading passengers,10 which could come from any home with several residents—such as a multi- generational family living together, a home that receives a large number of deliveries or visitors, or families with regular carpools—is unlikely to rise to the level of changing the “essential nature” of a residentially-zoned neighborhood. Because these effects can be caused by many different sources, they should be addressed by generally applicable parking regulations, traffic calming measures, or occupancy standards instead of 10 The district court acknowledged that Ohio House did not receive any specific noise, parking, or smoking complaints in the past. ER 16.
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24 singling out group homes with discriminatory and constraining regulations.
See, e.g., Adamson, 27 Cal. 3d at 133; Group Home Technical Advisory at 30-31.
The City’s reaction to its claimed concerns also did not consider its obligations under state law to affirmatively furthering fair housing. These obligations include, among other things, protecting individuals with disabilities’ right to housing of their choice, and the housing they find most suitable for their disability-related needs, while removing constraints on their ability to obtain this housing. See, e.g., Gov’t Code §§ 8899.50; 65583(a)(5), (c)(3), (c)(5), (c)(10)(A). The accommodation Ohio House has requested may be consistent with, and indeed required by, state housing law.
The district court’s failure to consider the requested accommodation in light of the City’s obligations under state law was error.
“Fears or prejudices.” To justify denying the accommodation, Costa Mesa argued that having a greater number of persons per household, like Ohio House does, strained the City’s infrastructure, and could create “institutionalization” of zoned residential neighborhoods. ER 16. But this argument, rather than justifying denying Ohio House’s accommodation request, appears to reflect a concern that other group homes might seek a similar accommodation in the future. It thus appears to rest on “fears or Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 31 of 39 749
25 prejudic
es” that multiple group homes might seek reasonable
accommodations to locate or remain in Costa Mesa, and that group home residents somehow cause uniquely problematic traffic, noise, or activity (as the City allows similar traffic, noise, and activity from other homes with several residents). That is precisely the kind of prejudicial reasoning FEHA rejects. Cf. Oconomowoc, 300 F.3d at 786 (noting that FHA rejects city actions based on “blanket stereotypes about disabled persons rather than particularized concerns about individual residents . . . the use of stereotypes and ignorance, and . . . [g]eneralized perceptions about disabilities and unfounded speculations about threats to safety . . . as grounds to justify exclusion”) (internal citations and quotation marks omitted).
III. R
ESTRICTIVE ZONING CODES LIKE COSTA MESA’S ARE
CONTRARY TO PUBLIC POLICY AND HAVE A NEGATIVE IMPACT
ON HOUSING FOR CALIFORNIANS WITH DISABILITIES
As discussed
above, group homes are an essential resource for people with disabilities. Group homes that provide sober living environments play a key role in substance abuse recovery care.11 They are “alcohol and drug free living environments that offer peer support for recovery outside the context 11 U.S. Dep’t of Health & Human Servs., Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health (2016) at 4-4, https://tinyurl.com/ssnem8v3.
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26 of treatme
nt.”12 According to the Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services, community support “is a critical aspect of achieving and maintaining recovery,” and thus, recovery residences “are uniquely qualified to assist individuals in all phases of recovery, especially those in early recovery, by furnishing social capital and recovery supports.” 13 Research
demonstrates that residents show improvement in a variety of areas, including drug and alcohol use, employment, psychiatric symptoms, and arrests.14 Group homes thus enable people with disabilities to live in the community while still receiving the needed support for continued recovery.
As discussed above, California law recognizes the important benefits group homes provide to people with disabilities by establishing certain protections for them—protections that ordinances like Costa Mesa’s fail to 12 Polcin et al., What Did We Learn from Our Study on Sober Living Houses and Where Do We Go from Here? J. of Psychoactive Drugs (Dec. 2010) 42(4):425-433, at 2, https://tinyurl.com/yzcxmb3r. 13 Substance Abuse and Mental Health Servs. Admin., Recovery Housing: Best Practices and Suggested Guidelines (2018) at 3, https://tinyurl.com/mr4c4arz.
14 Korcha et al., Sober Living Houses: Research in Northern and Southern California, Addiction Science & Clinical Practice (2015) 10 (Suppl. 1):A30, https://tinyurl.com/rh8prtbw.
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27 recogniz
e. In addition to the problems inherent in the City’s overall permitting requirements, the Group Home Technical Advisory explains how Costa Mesa’s other, more specific group home regulations conflict with its duties to avoid discriminating against such housing and to affirmatively promote and protect it. These regulations include, for example, the City’s 650-foot spacing requirement, definition of single housekeeping units, and special occupancy standards for group homes.
15 Discriminatory restrictions
like these and others in Costa Mesa’s ordinances “can block new group homes from opening, force existing ones to close, and impose costs, legal fees, and administrative burdens that make it difficult for group homes to operate.”16
These problems are not hypothetical. Restrictive zoning codes have had—and continue to have—a negative impact on the availability of this important type of housing opportunity for people with disabilities.17 As an initial matter, recent research demonstrates that group homes for those recovering from addiction are not highly concentrated in Orange County, 15 See generally Group Home Technical Advisory at 23-36. 16 Id. at 1.
17 Group Home Technical Advisory at 7.
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28 relati
ve to the rest of California or the nation as a whole.18 In fact, California is behind many other states in the number of such group homes per capita, despite having a higher age-adjusted alcohol/drug mortality rate than many other states.19 Moreover, the last two years have seen a large percentage increase in the number of such deaths in California, indicating a likely increasing need for group homes in the State at a time when there are fewer homes per capita than many other states.20
Restrictive zoning codes can limit this number even further, as is evident from Costa Mesa’s own data. Before Costa Mesa adopted its group home ordinances, it estimated there were 94 sober living homes in the City’s residential zones. Socal Recovery, LLC, 56 F.4th at 806.21 As of 2022, the City counted only 16 group homes, with at least 68 having closed. Id. at 806 18 Mericle et al., Identifying the Availability of Recovery Housing in the U.S.: The NSTARR Project, Drug and Alcohol Dependence 230 (2022), at 6-8, figs. 1, 2, tbl. 1, https://tinyurl.com/y48mpfze. 19 Id. at tbl. 1.
20 Fusion Ctr., Data Brief: 2020 and 2021 Increases in Deaths in California, Cal. Dep’t of Pub. Health (July 1, 2022), at 8, 9, tbl. 2, https://tinyurl.com/4bbcb5d4.
21 The SoCal Recovery decision cites data from the city website: City Approved Sober Living/Group Homes, https://tinyurl.com/yukycasy. That decision did not consider the validity of the City’s ordinances.
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29 & nn.6-7. T
he City’s closure list now includes 83 closed facilities, indicating that an additional 15 facilities may have closed.22
The expert evidence in this case confirms this alarming reduction in available housing for people with disabilities. Professor Brian Connolly concluded that the City’s ordinances restricted the availability of group homes; some were even forced to close, displacing people with disabilities.
See Connolly Expert Rep. at 53 (Feb. 14, 2022), ECF No. 249-3. His report also discusses how the closure of such facilities, as with other areas of the housing market, presumptively increases the cost of housing in remaining group homes. Id. at 54.
In short, restrictive zoning codes, such as those at issue here in Costa Mesa, constrain housing opportunities and choice for people with disabilities. This expressly contravenes FEHA, the State’s housing and planning laws, the mission of CRD and HCD, and the policy of the State of California.
CONCLUSION
The judgment of the district court should be reversed.
22 Group Homes/Sober Living Information and Application, Costa Mesa, https://tinyurl.com/4wjhb6ky (providing information on “Operators that have closed”). The list can be found at https://tinyurl.com/2absudwh.
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30 Dated: June 29, 2023 Respectfully submitted,
ROB BONTA
Attorney General of California
MICHAEL L. NEWMAN
DANIEL A. OLIVAS
Senior Assistant Attorneys General
JAMES F. ZAHRADKA II
CHRISTINA BULL ARNDT
Supervising Deputy Attorneys General
KENNETH J. SUGARMAN
Deputy Attorney General
/s/ Lisa C. E
hrlich
LISA C. EHRLICH
Deputy Attorney General
Attorneys for Civil Rights Department and
Department of Housing and Community
Development
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31 UNITED STAT
ES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Form 8. C
ertificate of Compliance for Briefs
Instructions for this form: http://www.ca9.uscourts.gov/forms/form08instructions.pdf 9th Cir.
Case Number(s) 22-56181
I am the a
ttorney or self-represented party.
This brief contains 5,897 words, including 0 words manually counted in any visual images, and e xcluding the items exempted by FRAP 32(f). The brief’s type size and typeface comply with FRAP 32(a)(5) and (6).
I certify that this brief (select only one):
[ ] complies with the word limit of Cir. R. 32-1.
[ ] is a cross-appeal brief and complies with the word limit of Cir. R. 28.1-1. [X] is an amicus brief and complies with the word limit of FRAP 29(a)(5), Cir. R. 29-2(c)(2), or Cir. R. 29-2(c)(3).
[ ] is for a death penalty case and complies with the word limit of Cir. R. 32-4. [ ] complies with the longer length limit permitted by Cir. R. 32-2(b) because (select only one):
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Signature /s/ Lisa C. Ehrlich Date June 29, 2023
(use “s/[typed name]” to sign electronically-filed documents) Case: 22-56181, 06/29/2023, ID: 12745956, DktEntry: 25-2, Page 38 of 39 756
CERTIFICATE OF SERVICE
I hereby certify that, on this 29th day of June 2023, I electronically filed the
foregoing BRIEF OF AMICI CURIAE THE CALI FORNIA CIVIL
RIGHTS DEPARTMENT AND THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPME NT IN SUPPORT OF
APPELLANT AND REVERSAL with the Clerk of the Court of the United States Court of Ap
peals for the Ninth Circuit by using the CM/ECF system. I further certify that all participants in the case are re gistered CM/ECF users and that service will be
accomplished by the CM/ECF system.
/s/Lisa Ehrl
ich
Lisa Ehrlich
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EXHIBIT 4
758
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 29, 2023
Lori Ann Farrell Harrison, City Manager
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Lori Ann Farrell Harrison:
RE: Group Home Ordinances – Letter of Technical Assistance
In the attached May 9, 2023, findings letter, the California Department of Housing and Community Development (HCD) offered to provide additional technical assistance regarding, among other things, implementation of Costa Mesa’s (City) 6th cycle housing element programs to review its group home and related policies. This letter provides that technical assistance for the City’s review of its group home ordinances, including Ordinance Nos. 14-13, 15-11, and 17-05, which amended Title 13 of the City’s Municipal Code (MC 13), as well as related City policies, such as its reasonable accommodations procedures.
HCD has reviewed the City’s group home ordinances and related policies under its authority pursuant to Government Code section 65585, which includes authority to review cities’ compliance with the Land Use Discrimination Law (Gov. Code, § 65008), Affirmatively Furthering Fair Housing (AFFH) Law (Gov. Code, §§ 8899.50, 65583), and State Housing Element Law (Gov. Code, § 65580 et seq.). HCD finds that the City’s group home ordinances and related policies violate Government Code sections 65008, 65583, and 8899.50 by failing to meet the City’s obligations to affirmatively further, protect, and remove constraints on housing for persons with disabilities, and also by discriminating against this housing.
To comply with state law, the City must, among other things, immediately stop enforcing its group home ordinances, repeal them, and revise its reasonable accommodations policies. These actions are also necessary to timely and effectively implement the programs in the 6th cycle housing element that the City adopted on November 15, 2022, which are required for the City’s housing element to substantially comply with State Housing Element Law. These include Program 2J (Transitional and Supportive Housing), 2N (Reasonable Accommodation), Program 2O (Definition of Single Housekeeping Unit), Program 2P (Group Homes), and 4A (Fair Housing).
759
Lori Ann Farrell Harrison, City Manager
Definitions
Various laws use the term “group homes” to refer to different types of housing for different populations. For the purposes of state fair housing and planning and zoning laws, the following terms refer to various types of residences in which unrelated persons share the residence:
• Shared Living Residences—any housing shared by unrelated persons, including, for example, group homes, recovery residences, some community care residential facilities, some supportive and transitional housing, emergency shelters, boardinghouses, and dormitories.
• Group Homes—housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability-related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities and that do not provide services that require licenses under state law. • Licensed Facilities—shared living residences that provide services that require licenses under state law.
• Recovery Residences or Sober Living Homes—group homes for persons recovering from alcoholism or drug addiction in which the residents mutually support each other's recovery and sobriety and that do not require state licenses because they do not provide alcoholism or drug addiction recovery and treatment services.1
• Alcohol or Other Drug (AOD) Facilities—residential facilities that must obtain state licenses because they provide alcoholism or drug addiction recovery and treatment services.
1 Individuals recovering from alcoholism or addiction are recognized as people with disabilities (see Gov. Code, § 12926, subd. (j)), and “sober living homes and other dwellings intended for occupancy by persons recovering from alcoholism and drug addiction are protected from illegal discrimination against the disabled.” SoCal Recovery, LLC v. City of Costa Mesa (“SoCal Recovery”) (9th Cir. 2023) 56 F.4th 802, 814.
760
Lori Ann Farrell Harrison, City Manager
Statutory Background
Land Use Discrimination Law
California’s Planning and Zoning Law (Gov. Code, § 65000 et seq.) prohibits jurisdictions from engaging in discriminatory land use and planning activities. Specifically, Government Code section 65008, subdivision (a)(1), deems any action taken by a city to be null and void if it denies an individual or group of individuals the enjoyment of residence, landownership, tenancy, or any other land use in the state due to illegal discrimination.
Section 65008 prohibits discrimination based on any characteristic, including disabilities, protected by other state or federal laws, while adding its own prohibitions of discrimination against individuals or households who have very low, low, moderate, or middle incomes. 2 The law further recites multiple categories of actions that are determined to be discriminatory, including enactment or administration of ordinances that prohibit or discriminate based on a protected characteristic
3 and imposition of requirements on a
residential use for persons with protected characteristics that are not generally imposed upon other residential uses.4
AFFH Law
Government Code section 8899.50 requires
all California public agencies, including
cities, “to administer their programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with [this] obligation . . . .”5 AFFH means:
taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.6
Moreover, the “duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development.” 7 2 Gov. Code, § 65008, subds. (a)(1)(A), (b)(1)(B)-(C), (2)(B), (3). 3 Id. at subd. (b)(1)(B).
4 Id. at subd. (d)(2)(A).
5 Gov. Code, § 8899.50, subds. (a)(2)(B), (b)(1), (2).
6 Id. at subd. (a)(1).
7 Id.
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Lori Ann Farrell Harrison, City Manager
Housing Element Law
In addition to the general AFFH requirements in Government Code section 8899.50, State Housing Element Law includes more specific AFFH requirements for cities.
Government Code section 65583 requires cities to thoroughly analyze fair housing issues related to housing for people with disabilities and set forth a program of actions that protect and promote such housing. Through their housing elements, cities must “remove governmental constraints that hinder . . . meeting the need for housing for persons with disabilities,” which requires “remov[ing] constraints to, and provid[ing] reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.” 8 Section 65583 also requires
cities to “promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities all persons regardless of . . . disability” or “other protected characteristics.”
9 And cities’ housing elements must
include a fair housing assessment with specific goals, implementation strategies, and “metrics and milestones” for evaluating results.10 In complying with these AFFH duties, cities are required to analyze data and set measurable objectives and milestones.11
Resource Material
s
In revising its policies, amending its ordinances, and implementing its housing element programs, the City should consider HCD’s Group Home Technical Advisory (Group Home TA)
12 and its AFFH Guidance Memorandum (AFFH Memo).13 The City should also consider, among other things, the analysis in the amicus brief that HCD and CRD filed in the pending appeal in The Ohio House, LLC v. City of Costa Mesa, 9th Cir. Case No. 22-56181, Docket No. 25-2 (Amicus Brief). The guidance documents and Amicus Brief discuss relevant statutes, regulations, and case law, as well as HCD’s and other government agencies’ earlier guidance documents, academic papers, and demographic and statistical analyses.
8 Gov. Code, § 65583, subds. (a)(6), (c)(3).
9 Id. at subd. (c)(5).
10 Id. at subd. (c)(10)(A)(iv).
11 See, e.g., Gov. Code, § 65583, subds. (a)(5), (a)(7), (b)(1), (c)(10)(A)(ii). 12 Available at https://www.hcd.ca.gov/sites/default/files/docs/planning-and- community/group-home-technical-advisory-2022.pdf.
13 Available at https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-27-2021.pdf. 762
Lori Ann Farrell Harrison, City Manager
Findings
HCD’s findings include, but are not necessarily limited to, those described below.
Permitting Requirements
Ordinance Nos. 14-13, 15-11, and 17-05 establish permitting requirements for group homes.
• MC 13-311(a) requires a special use permit for unpermitted group homes of six or fewer occupants located in R1 (single-family) zones and prohibits group homes with seven or more occupants in these zones.
• MC Title 9, Chapter II, Article 23, 9-372 requires group homes of six or less to apply for an operator's permit, regardless of licensure status. • MC 13-322 requires a Conditional Use Permit (CUP) for group homes of six or less in R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (Planned Development Zones) Zones. • MC 13-323 requires a CUP for group homes in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (Planned Development Zones) with seven or more occupants.
The City’s permitting requirements for group homes and its application and enforcement of these requirements violate Government Code sections 65008, 65583, and 8899.50 by, among other things, discriminating against housing for persons with disabilities, constraining and failing to promote this housing, and restricting the fair housing choices of persons with disabilities (their right to housing of their choice and the housing they find most suitable for their disability-related needs).
The ordinances do not impose similar restrictions on other dwellings located in the zones listed above. The discriminatory effects and constraints these permitting requirements impose on group homes are evident through, among other things, the City’s own data showing how severely the permitting requirements have curtailed group homes in Costa Mesa. And there are considerable other discriminatory effects, including, and among other things, the costs and burdens imposed on group homes, the displacement of persons with disabilities from housing of their choice and the disruptions of their lives, and the City’s efforts to deter new group homes from opening in Costa Mesa.
14 14 See, e.g., Amicus Brief at pp. 27-28; SoCal Recovery, supra, 56 F.4th at p. 806 (finding that Costa Mesa engaged in “an explicit effort to reduce the number of sober living homes operating within the City.”).
763
Lori Ann Farrell Harrison, City Manager
Furthermore, the City should not continue attempting to justify its group home restrictions by comparing them to its treatment of boardinghouses. Group homes are designed to provide communal living environments with peer and other support for their occupants’ disability-related needs and to help integrate their residents into local communities. Boardinghouses do not serve these same goals. Government Code sections 65008, 65882, and 8899.50 also impose specific and unique duties on cities to affirmatively promote and protect housing for persons with disabilities that do not similarly apply to all boardinghouses.
The overall problems with the City’s permitting system require the City to immediately stop enforcing its group home ordinances and repeal them. To provide additional guidance, this letter discusses below further examples of how specific provisions in these ordinances conflict with the City’s duties under Government Code sections 65008, 65583, and 8899.50.
Definition of Single Housekeeping Unit
MC 13-06 defines a single housekeeping unit as follows:
• Single housekeeping unit. The occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share 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.
HCD encourages the City to review pages 24-25 of the HCD Group Home Technical Advisory for policies to avoid when creating a definition of a single housekeeping unit.
These problematic policies include requiring all residents to share a common lease or deed, excluding for-profit group homes and overly scrutinizing living arrangements (e.g., not allowing for locks on rooms or having separate entrances).
764
Lori Ann Farrell Harrison, City Manager
Lack of Grandfathering
Typically, when a zoning code changes, preexisting, nonconforming uses are “grandfathered” in and allowed to continue operating under the requirements that were in place before the amendments.
15 Costa Mesa’s zoning code follows this well-
established practice by allowing preexisting, nonconforming residential uses to continue operating unless they are abandoned, the dwellings they are in are declared physically unsafe, or the owner proposes structural alterations. (MC 13-203(b), 13-204.) But the City departs both from general grandfathering practices and its own grandfathering code provisions by requiring preexisting group homes to apply for permits in the same fashion as new ones to remain operational. (MC 13-311, 13-322, and 13-323.) This imposes discriminatory and constraining conditions on preexisting group homes, while creating displacement impacts that AFFH duties and State Housing Element Law require the City to consider and avoid.16 The City should apply its generally applicable grandfathering provisions to preexisting group homes, subject to reasonable accommodations requirements.
Occupancy Limits
The City sets special occupancy limits on group homes that prohibit group homes of seven or more occupants in R-1 single family zones, require group homes with seven or more occupants to obtain permits to operate in other zones, and require group homes with six or fewer occupants to obtain permits to operate in any residential zone. (MC 9- 372, 13-311)(a), 13-322, 13-323.) This is another example of the City imposing discriminatory and constraining restrictions on group homes. Concerns about overcrowding should be addressed through applying the generally applicable occupancy limits that apply to all residences instead of singling out specific types of housing based on occupants’ disabilities.
17 Costa Mesa’s ordinances appear to be based on a faulty application of Health and Safety Code statutes that allow local governments to subject licensed group homes with more than six residents to conditional use or other discretionary approval processes but require local governments to treat many types of licensed group homes with six or fewer residents the same as single-family homes and prohibit requiring these small, licensed group homes to obtain conditional use permits or other special approvals to locate in single-family zones.
18 The City, however, cannot justify its restrictions on group homes
15 See, e.g., Edmonds v. Los Angeles County (1953) 40 Cal.2d 642, 651 (“The rights of users of property as those rights existed at the time of the adoption of a zoning ordinance are well recognized and have always been protected.”). 16 Gov. Code, § 65583, subds. (c)(10)(A)(ii), (v).
17 See Uniform Housing Code, § 503.2; see also City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123, 133.
18 See, e.g., Health & Saf. Code, §§ 1566.3, 1569.85, 11834.23. 765
Lori Ann Farrell Harrison, City Manager
through statutes designed to protect small licensed facilities, which provide higher levels of support and care that require state licenses.19 These statutes specifically apply to licensed facilities, not to unlicensed group homes. In effect, the City is inappropriately transforming state laws designed to prevent local constraints on small, licensed facilities into constraints on group homes that do not provide services requiring state licenses.
Moreover, the City is imposing more restrictions on group homes with six or fewer residents than state law allows it to impose on licensed facilities with similar numbers of residents. To avoid imposing overly costly and burdensome constraints on group homes, the best practice is to apply the same general building, fire, and other health and safety codes that apply to other residences, subject to state health and safety code provisions specific to certain types of licensed facilities and to reasonable accommodations requirements.20
Separation Requirement
MC 13-322, 13-323, and 13-324 require 650 feet of separation between group homes, sober living homes, or state-licensed drug and alcohol treatment facilities, new and existing.
These spacing requirements have a particularly severe impact on group homes, severely limiting where they can locate, causing group homes to close, and preventing others from opening. Yet the City has not shown that these spacing requirements are necessary or that there are health, safety, or similar justifications for the spacing requirements, or that if these were actual issues, that the City could not address them through less restrictive and discriminatory policies.
Pages 27-29 of the Group Home TA provides additional guidance illustrating why the City’s spacing requirements conflict with its duties under state housing law (e.g., Gov.
Code, §§ 8899.50, 65008, 65583, subds. (c), (1), (5), (10)), as does the Amicus Brief.
Vehicle and Parking Requirements
The City imposes special vehicle and parking requirements on group homes. MC 13- 311(a)(5) states that each dwelling resident is limited to one vehicle that must be used as the resident’s primary form of transportation. MC 13-311(a)(5) requires each dwelling resident to park their vehicle on dwelling premises or within 500 feet of the dwelling.
Concerns about parking and traffic should be addressed through generally applicable rules instead of restrictions that target housing for persons with disabilities. 21 19 See Group Home TA at pp. 25-26.
20 See, e.g., Health & Saf. Code, § 13113 (requiring sprinkler systems in certain licensed facilities).
21 See Adamson, supra, 27 Cal.3d at 133; Group Home TA at p 31. 766
Lori Ann Farrell Harrison, City Manager
Examples of Other Permitting and Operational Requirements
The City imposes the following restrictions on group homes but not on other residences:
• MC 13-311(a)(4) requires a manager to be present during all hours, seven days a week.
• MC 13-311(a)(14)(vi) requires that the operator must have a good neighbor policy directing residents “to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit.” • MC 13-311(b) requires group homes applying for a permit to provide notice to the owner of record and all occupants within 500 feet of the group home.
Singling out group homes for restrictions like these can burden group homes with additional, unjustified costs, while perpetuating fears and stereotypes about persons with disabilities. Pages 30-33 of the Group Home TA provide additional guidance on how to avoid these and other restrictions in Costa Mesa’s group home ordinances that conflict with the City’s duties under Government Code sections 8899.50, 65008, 65583, subds. (c)(1), (c)(5) and (10), among others.
22 Reasonable Accommodations
Failing to make reasonable accommodations to rules or policies, in order to allow persons with disabilities the opportunity to access housing, is a form of discrimination. 23 Making reasonable accommodations is also necessary to fulfill the City’s AFFH duties and its duties to remove constraints on housing for persons with disabilities.24
The City should review its reasonable accommodation policies in Municipal Code section 13-200.62, along with its application of these policies, to ensure compliance with state law.
25 For example, the City: (i) must avoid denying requested accommodations based on fears or prejudicial assumptions about people with disabilities, such as that group home residents somehow uniquely cause problematic traffic, noise, or activity; (ii)
22 See also Oconomowoc Residential Programs, Inc. v. City of Milwaukee (7th Cir. 2002) 300 F.3d 775, 783 (finding that house manager requirement is discriminatory because it effectively mandates an “institutional” arrangement that is not “on par with” housing policies for those who are not disabled); Potomac Group Home Corp. v.
Montgomery County, Md. (D. Md. 1993) 823 F.Supp. 1285, 1296 (finding that notice requirements discriminate against and stigmatize persons with disabilities). 23 See, e.g., Gov. Code, § 12927, subd. (c)(1).
24 See, e.g., Gov. Code, §§ 8899.50, 65583, subds. (a)(6), (c)(3), (5). 25 See, e.g., Cal. Code Regs., tit. 2, §§ 12176-12185; Group Home TA at pp. 18-20; Amicus Brief at pp. 21-25.
767
Lori Ann Farrell Harrison, City Manager
may not place the burden on reasonable accommodation applicants to demonstrate that their requested accommodations would not create undue burdens on the City or fundamental alterations to its zoning code; (iii) may not require applicants to show that they could not find any other housing within the city that would meet their disability- related needs; and (iv) must engage in good faith with reasonable accommodation requests and avoid delay or burdensome procedural requirements.26
Costa Mesa May Still Address Problems that Might Arise at Indiv idual Group Homes
The City has resources to legally address problems that might occur at individual group homes. If group home operators are engaging in activities that constitute public nuisances; violating generally applicable building, housing, or other health and safety laws; committing fraud; or engaging in other illegal activities, the City can address these issues through the same code enforcement and other legal processes it applies to others who violate municipal codes and other laws. If the City has evidence that a group home operator is providing services that require a license without obtaining one, it can contact the state’s Department of Social Services or Department of Health Care Services, which can initiate investigations and take remedial action if appropriate. 27 This may still require considering if reasonable accommodations are appropriate in some circumstances. And the City should avoid overbroad or discriminatory applications of nuisance laws, such as those basing civil nuisance actions on 911 calls for emergency services.
28 But if a group home is found to have violated local or state law, the City may, for example, seek equitable relief that could include more stringent oversight and other affirmative relief to prevent further violations.
Focusing on individual group homes that are actually causing problems is a better practice than adopting overly broad, constraining, and unlawful regulations for all group homes.
26 See, e.g., Cal. Code Regs., tit. 2, §§ 12177-12179; 28. C.F.R. § 35.150(a)(3). 27 See Group Home TA at pp. 33-36, 37.
28 See. e.g., Cal. Code Regs., tit. 2, § 12162, subd. (a); see also California Attorney General Rob Bonta letter to all Cities and Counties in California re Crime Free Hosing Policies (Apr. 21, 2023), available at https://oag.ca.gov/system/files/attachments/press- docs/Crime%20Free%20Housing%20Guidance_4.21.23.pdf.
768
Lori Ann Farrell Harrison, City Manager
Conclusion
Costa Mesa’s ordinances are blocking new group homes from opening, forcing existing ones to close, and imposing costs, administrative burdens, and fees that make it difficult for group homes to operate, while displacing persons with disabilities and disrupting their lives. The City is creating these restrictions and problems in the context of a shortage of adequate housing for persons with disabilities, which is a particularly acute issue within California’s broader housing crisis.
HCD has reviewed the City’s group home ordinances and found that they violate Government Code sections 65008, 65583, and 8899.50. The City must stop enforcing these ordinances, repeal them, change its reasonable accommodation policies and practices, and review other zoning practices in light of HCD’s guidance to ensure that the City is complying with state law. These actions are necessary for the City to comply with its duties under Government Code sections 65008, 65583, and 8899.50, and are among the things that the City must do to bring its 6th cycle housing element into substantial compliance with State Housing Element Law.
For technical assistance regarding the City’s 6th Cycle housing element, please contact Jose Armando Jauregui at [email protected]. If you have any questions regarding the content of this letter, please contact Bentley Regehr at [email protected].
Sincerely,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability
Enclosures: Letter from HCD regarding City of Costa Mesa’s 6 th Cycle (2021-2029)
Adopted Housing Element (May 9, 2023)
769
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 9, 2023
Lor
i Ann Farrell Harrison, City Manager
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Lori Ann Farrell Harrison:
RE: City of Costa Mesa’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Costa Mesa’s (City) housing element that was adopted on November 15, 2022 and received for review on March 10, 2023. In addition, the California Department of Housing and Community Development (HCD) considered technical modifications from its prior review authorized by Resolution Number 2022-67.
Pursuant to Government Code section 65585, subdivision (h), HCD is reporting the results of its review. In addition, HCD considered comments from Costa Mesa First pursuant to Government Code section 65588, subdivision (c).
The adopted housing element meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.). However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones to make prior identified sites available and address the shortfall of sites to accommodate the RHNA pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021) as described below.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to make prior identified sites available or accommodate a shortfall of sites, pursuant to Government Code section 65583, subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c), are completed. As this year has passed and Programs 3B (Fairview Development Center), 3C (North Costa Mesa Specific Plan), 3D (Urban plans and Overlays), and 3N (Reused sites) have not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning has been completed. Once the City completes the rezone, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.
770
Lori Ann Farrell Harrison, City Manager
Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program 2A (Inclusionary Housing Ordinance)
• Program 2B (Affordable Housing Development)
• Program 2I (State Density Bonus Incentives)
• Program 2J (Transitional and Supportive Housing)
• Program 2M (Parking Standards for Residential Development) • Program 2N (Reasonable Accommodation)
• Program 2O (Definition of Single Housekeeping Unit)
• Program 2P (Group Homes): Please note, HCD may follow up with additional technical assistance. Please see HCD’s Group Home Technical Advisory at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-communi ty/group- home-technical-advisory-2022.pdf.
• Program 3B (Fairview Development Center)
• Program 3G (City-wide Vote Requirements)
• Program 3R (Development of Large Sites)
• Program 4A (Fair Housing)
The City must monitor and report on the results of these and ot her programs through the annual progress report, required pursuant to Government Code section 65400.
Please be aware, Government Code section 65585, subdivision (i), grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or State Housing Element Law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.
Several feder
al, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html. 771
Lori Ann Farrell Harrison, City Manager
HCD appreciates the dedication and cooperation of the City’s housing element team provided during the review and update. HCD particularly applauds the efforts of Jennifer Le and Scott Drapkin whose collaboration, communication, expertise and public service is truly commendable. HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui of our staff, at [email protected].
Sincerely,
Paul McD
ougall
Senior Program Manager
772
Exhibit 5
773
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ( “Agreement”) is entered into as of th is 24th day of October, 2025 (“Effective Date”), by and among, the Parties listed below (together with their respective successors, assigns, heirs and/or subrogees, individually, “Party” or, collectively, “Parties”).
PARTIES
The parties (“Parties”) to this Agreement, collectively and together with their successors and assigns are as follows:
1. Plaintiff and Counter-Defendant INSIGHT PSYCHOLOGY AND ADDICTION, INC, a California Corporation (“Insight”);
2. Plaintiff JANE DOE, an individual (“Ms. Doe”);
3. Defendant and Counter -Plaintiff CITY OF COSTA MESA , a general law municipal corporation (“City” or “Costa Mesa”);
4. Counter-Defendants MARY HELEN BEATIFICATO , an individual (“ Ms.
Beatificato”) and GERALD GROSSO, an individual (“Dr. Grosso”).
RECITALS
1. For multiple years, Insight provided supportive housing for adults with mental health and cognitive disabilities, such as Ms. Doe, at 2641Santa Ana Avenue in the City of Costa Mesa (the “Property”) in one of the City’s multifamily zones (R2-MD).
2. Beginning in 2015, City adopted a series of zoning ordinances, including but not limited to Ordinance Nos. 15 -11, 15 -13, 17 -05, and 17 -06 (collectively, the “Group Home Regulations”), which among other things, require group homes in the City’s multifamily zones to obtain a conditional use permit and operator’s permit.
3. On March 12, 2020, Insight filed a complaint in the United States District Court for the Central District of California against the City, Case No. 8:20−cv−00504−MEMF−JDE (the “Action”), based on allegations that the City’s adoption, implementation, and enforcement of its regulations for group homes violate State and Federal fair housing and antidiscrimination laws, including without limitation the federal Fair Housing Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, California’s Fair Employment and Housing Act, and Section 11135 of the California Government Code (the “Claims”). On August 7, 2020, Ms. Doe joined the Action as a Plaintiff.
4. On October 30, 2020, the City filed counterclaims against Insight, Ms. Beatificato, and Dr. Grosso, which were later narrowed to a nuisance counterclaim against Insight, Ms.
Beatificato, and Dr. Grosso for continuing to provide supportive housing without a conditional use permit and operator’s permit after the City had denied Insight’s applications for a conditional use 774
permit and operator’s permit (“Counterclaim”). During the pendency of this case, Insight stopped providing its housing on the Property.
5. The Parties understand and agree that the Parties dispute liability, that litigation is expensive, and that this Agreement is a compromise and shall not be construed as an admission of liability at any time or for any purpose. Without any admission of liability or concession of the other Party’s position, the Parties want to resolve all claims in this Agreement amicably. The Parties have agreed to the material terms in this Agreement and now seek to memorialize their settlement as set forth below.
6. The Parties do not admit, and expressly deny, violation of any federal, state or local law, and deny any wrongdoing or liability whatsoever.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in further consideration of the promises exchanged herein, the Parties agree as follows:
1. City’s Obligations
a. Settlement Payment. The City shall pay Insight and Ms. Doe the amount of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) (the “Settlement Payment”) for their attorneys’ fees, payable within fifteen (15) business days of the Effective Date. Payment shall be comprised of readily available funds made payable to Rutan and Tucker Client Trust Account.
The Settlement Payment shall remain in the Rutan and Tucker Client Trust Account until it is distributed to Insight and Ms. Doe per separate written agreement.
b. Amendment of Group Home Regulations . The City shall implement Program 2N of the City’s 6th Cycle 2021 -2029 Housing Element Update (Revised March 1, 2023) by June 30 , 2026. At the request of the City, Disability Rights California and/or the Law Office of Autumn Elliott may review and comment on revisions to the City’s Reasonable Accommodation process. In particular, before the revision required under Program 2N is submitted to the Planning Commission or City Council for review, recommendation, or adoption, City staff are encouraged (but not required) to: (a) provide a draft of that revision to Disability Rights California and the Law Office of Autumn Elliott; (b) provide them with a reasonable period to comment on and respond to the draft revision; and (c) to discuss any comments with Disability Rights California or Elliott prior to submitting any proposed recommendation to the Planning Commission. 775
2. Insight and Doe’s Obligations
a. Distribution of Settlement Payment . Concurrently herewith, Insight and Ms. Doe shall mutually agree in writing on the distribution of the Settlement Payment between Insight and Ms. Doe.
3. Notifying Court of Settlement. Upon execution of this Agreement, the Parties shall immediately file a Joint Notice advising the Court that t he case has been settled, and the Parties shall withdraw any and all pending motions and requests, including requests for sanctions.
4. Dismissal of Plaintiffs’ Claims and City’s Counterclaim . Within fifteen (15) business days of the Effective Date, the Parties shall file a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure requesting dismissal with prejudice of the Claims filed by Insight and Ms. Doe and the Counterclaim filed by the City in the Action.
5. Settlement; Mutual Releases. Subject to the terms of this Agreement, the Parties hereby mutually waive, release and forever discharge any and all claims against each other arising from the Action and the facts and circumstances described in th e Action, including Plaintiffs’ Claims and the City’s Counterclaim; and, the release contained herein includes a release of any and all disputes and/or claims related to the allegations of the Claims or the Counterclaim that were, or could have been, asserted in the Action, related to the facts of the Action (collectively the foregoing are the referred to herein as the “Released Claims.”)
6. Waiver of California Civil Code Section 1542.
The Parties understand and agree that the releases provided herein extend to all of the Released Claims, whether known or unknown, suspected or unsuspected. With respect to the Released Claims, the Parties expressly waive and relinquish any and all rights they may have under California Civil Code Section 1542, which provides as follows:
“§ 1542. (General Release — Claims Extinguished.) A general release does not extend to claims that the creditor or releasin g party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
____ Insight ____ Ms. Doe ____ Ms. Beatificato
____ Dr. Grosso ____ City
The Parties expressly waive and release any rights and benefits which they have or may have under any similar law or rule of any other jurisdiction and pertaining to the matters released herein. It is the Parties’ intention through this Agreement and with the advice of counsel that they shall fully, finally and forever settle and release the Released Claims as s et forth above. In furtherance of such intention, the release herein given shall be and remain in effect as a full and complete release of such matters, notwithstanding the discovery of any additional claims or facts relating thereto. 776
2. Insight and Doe’s Obligations
a. Distribution of Settlement Payment . Concurrently herewith, Insight and Ms. Doe shall mutually agree in writing on the distribution of the Settlement Payment between Insight and Ms. Doe.
3. Notifying Court of Settlement. Upon execution of this Agreement, the Parties shall immediately file a Joint Notice advising the Court that the case has been settled, and the Parties shall withdraw any and all pending motions and requests, including requests for sanctions.
4. Dismissal of Plaintiffs’ Claims and City’s Counterclaim . Within fifteen (15) business days of the Effective Date, the Parties shall file a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure requesting dismissal with prejudice of the Claims filed by Insight and Ms. Doe and the Counterclaim filed by the City in the Action.
5. Settlement; Mutual Releases. Subject to the terms of this Agreement, the Parties hereby mutually waive, release and forever discharge any and all claims against each other arising from the Action and the facts and circumstances described in the Action, including Plaintiffs’ Claims and the City’s Counterclaim; and, the release contained herein includes a release of any and all disputes and/or claims related to the allegations of the Claims or the Counterclaim that were, or could have been, asserted in the Action, related to the facts of the Action (collectively the foregoing are the referred to herein as the “Released Claims.”)
6. Waiver of California Civil Code Section 1542.
The Parties understand and agree that the releases provided herein extend to all of the Released Claims, whether known or unknown, suspected or unsuspected. With respect to the Released Claims, the Parties expressly waive and relinquish any and all rights they may have under California Civil Code Section 1542, which provides as follows:
“§ 1542. (General Release — Claims Extinguished.) A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
____ Insight ____ Ms. Doe ____ Ms. Beatificato
____ Dr. Grosso ____ City
The Parties expressly waive and release any rights and benefits which they have or may have under any similar law or rule of any other jurisdiction and pertaining to the matters released herein. It is the Parties’ intention through this Agreement and with the advice of counsel that they shall fully, finally and forever settle and release the Released Claims as set forth above. In furtherance of such intention, the release herein given shall be and remain in effect as a full and complete release of such matters, notwithstanding the discovery of any additional claims or facts relating thereto. 777
2. Insight and Doe’s Obligations
a. Distribution of Settlement Payment . Concurrently herewith, Insight and Ms. Doe shall mutually agree in writing on the distribution of the Settlement Payment between Insight and Ms. Doe.
3. Notifying Court of Settlement. Upon execution of this Agreement, the Parties shall immediately file a Joint Notice advising the Court that t he case has been settled, and the Parties shall withdraw any and all pending motions and requests, including requests for sanctions.
4. Dismissal of Plaintiffs’ Claims and City’s Counterclaim . Within fifteen (15) business days of the Effective Date, the Parties shall file a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure requesting dismissal with prejudice of the Claims filed by Insight and Ms. Doe and the Counterclaim filed by the City in the Action.
5. Settlement; Mutual Releases. Subject to the terms of this Agreement, the Parties hereby mutually waive, release and forever discharge any and all claims against each other arising from the Action and the facts and circumstances described in th e Action, including Plaintiffs’ Claims and the City’s Counterclaim; and, the release contained herein includes a release of any and all disputes and/or claims related to the allegations of the Claims or the Counterclaim that were, or could have been, asserted in the Action, related to the facts of the Action (collectively the foregoing are the referred to herein as the “Released Claims.”)
6. Waiver of California Civil Code Section 1542.
The Parties understand and agree that the releases provided herein extend to all of the Released Claims, whether known or unknown, suspected or unsuspected. With respect to the Released Claims, the Parties expressly waive and relinquish any and all rights they may have under California Civil Code Section 1542, which provides as follows:
“§ 1542. (General Release — Claims Extinguished.) A general release does not extend to claims that the creditor or releasin g party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
____ Insight ____ Ms. Doe ____ Ms. Beatificato
____ Dr. Grosso ____ City
The Parties expressly waive and release any rights and benefits which they have or may have under any similar law or rule of any other jurisdiction and pertaining to the matters released herein. It is the Parties’ intention through this Agreement and with the advice of counsel that they shall fully, finally and forever settle and release the Released Claims as s et forth above. In furtherance of such intention, the release herein given shall be and remain in effect as a full and complete release of such matters, notwithstanding the discovery of any additional claims or facts relating thereto.
778
2. Insight and Doe’s Obligations
a. Distribution of Settlement Payment . Concurrently herewith, Insight and Ms. Doe shall mutually agree in writing on the distribution of the Settlement Payment between Insight and Ms. Doe.
3. Notifying Court of Settlement. Upon execution of this Agreement, the Parties shall immediately file a Joint Notice advising the Court that t he case has been settled, and the Parties shall withdraw any and all pending motions and requests, including requests for sanctions.
4. Dismissal of Plaintiffs’ Claims and City’s Counterclaim . Within fifteen (15) business days of the Effective Date, the Parties shall file a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure requesting dismissal with prejudice of the Claims filed by Insight and Ms. Doe and the Counterclaim filed by the City in the Action.
5. Settlement; Mutual Releases. Subject to the terms of this Agreement, the Parties hereby mutually waive, release and forever discharge any and all claims against each other arising from the Action and the facts and circumstances described in th e Action, including Plaintiffs’ Claims and the City’s Counterclaim; and, the release contained herein includes a release of any and all disputes and/or claims related to the allegations of the Claims or the Counterclaim that were, or could have been, asserted in the Action, related to the facts of the Action (collectively the foregoing are the referred to herein as the “Released Claims.”)
6. Waiver of California Civil Code Section 1542.
The Parties understand and agree that the releases provided herein extend to all of the Released Claims, whether known or unknown, suspected or unsuspected. With respect to the Released Claims, the Parties expressly waive and relinquish any and all rights they may have under California Civil Code Section 1542, which provides as follows:
“§ 1542. (General Release — Claims Extinguished.) A general release does not extend to claims that the creditor or releasin g party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
____ Insight ____ Ms. Doe ____ Ms. Beatificato
____ Dr. Grosso ____ City
The Parties expressly waive and release any rights and benefits which they have or may have under any similar law or rule of any other jurisdiction and pertaining to the matters released herein. It is the Parties’ intention through this Agreement and with the advice of counsel that they shall fully, finally and forever settle and release the Released Claims as s et forth above. In furtherance of such intention, the release herein given shall be and remain in effect as a full and complete release of such matters, notwithstanding the discovery of any additional claims or facts relating thereto.
779
7. Enforcement of Agreement . This Agreement may be pleaded as a full and complete defense to any action, suit, or other proceeding by any Party hereto wherein the claims are concerning or related to the Released Claims and/or this Agreement; provided, however that any Party, as well as Disability Rights California, may move to enforce the specific terms of this Agreement by filing a Petition for Writ of Mandate and/or Complaint for Breach of Contract in Orange County Superior Court, after first meeting and co nferring with the Party alleged to have violated any term of this Agreement. If any Party, or Disability Rights California, files a Petition for Writ of Mandate and/or Complaint for Breach of Contract in the Orange County Superior Court to enforce the specific terms of this agreement, no other Party may assert that a Party or Disability Rights California lack standing.
8. Power and Authority . Each person executing this Agreement represents and warrants that he or she has the power, and is duly authorized, to execute this Agreement on behalf of the person or entity that he or she purports to represent.
9. Reliance on Representations . The Parties each acknowledge and agree that the other Parties to this Agreement are entering into this Agreement in reliance on their respective representations set forth in this Agreement and that the failure of any such representation shall be a material breach of this Agreement without further action by any Party.
10. Agreement Entered into Voluntarily. This Agreement is entered into freely and voluntarily. Each Party has executed this Agreement with full knowledge of its significance and with the express intention of affecting its legal consequence. None of the Parties have relied upon any representation of any other Party in signing this Agreement. Each P arty has had the opportunity to retain legal counsel to review and approve this Agreement.
11. Neutral Construction. The Parties agree that this Agreement may not be altered, amended, modified or otherwise changed except by a writing executed by each Party. Each Party further agrees that because each Party has been active in the preparation and negotiation of the terms of this Agreement, it shall not be construed against any Party in the event of any dispute as to the meaning of its terms.
12. Governing Law. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California.
13. Severability. In the event that, at any time after the execution of this Agreement, any portion or provision of it is found by a court of competent jurisdiction to be illegal, invalid, unenforceable, non-binding, or otherwise without legal force or effect, the remaini ng portion(s) will remain in force and be fully binding.
14. Counterparts; Execution . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts so executed shall constitute an agreement binding on all the Parties, notwithstanding that all the Parties are not a signatory to the same counterpart. This Agreement may be executed by facsimile or electronic signature, either of which will be deemed to have the same force and effect as an original signature. [signatures on following page]
780
CITY OF COSTA MESA
____________________________________
By: Cecilia Gallardo-Daly
Its: Interim City Manager
Signed with authorization provided in closed
session at the Regular City Council Meeting
October 21, 2025
Approved as to Form:
JONES & MAYER
__________________________________
By: Kimberly Hall Barlow
Its: City Attorney
EVERETT DOREY LLP
___________________________________
By: Seymour B. Everett, III
Its: Special Counsel
INSIGHT PSYCHOLOGY &
ADDICTION, INC
___________________________________
By: Mary Helen Beatificato
Its: Owner and General Counsel
MARY HELEN BEATIFICATO
___________________________________
By: Mary Helen Beatificato
GERALD GROSSO
___________________________________
By: Gerald Grosso
JANE DOE
___________________________________
By: Jane Doe
Signed with pseudonym to protect privacy
781
CITY OF COSTA MESA
____________________________________
By:
Cecilia Gallardo-Daly
Its: Interim City Manager
Signed with authorization provided in closed
session at the Regular City Council Meeting
October 21, 2025
Approved as to Form:
JONES & MAYER
___________________________________
By: Kimberly Hall Barlow
Its: City Attorney
EVERETT DOREY LLP
___________________________________
By: Seymour B. Everett, III
Its: Special Counsel
INSIGHT PSYCHOLOGY &
ADDICTION, INC
___________________________________
By: Mary Helen Beatificato
Its: Owner and General Counsel
MARY HELEN BEATIFICATO
___________________________________
By: Mary Helen Beatificato
GERALD GROSSO
___________________________________
By: Gerald Grosso
JANE DOE
___________________________________
By: Jane Doe
Signed with pseudonym to protect privacy
782
CITY OF COSTA MESA
____________________________________
By:
Cecilia Gallardo-Daly
Its: Interim City Manager
Signed with authorization provided in closed
session at the Regular City Council Meeting
October 21, 2025
Approved as to Form:
JONES & MAYER
___________________________________
By: Kimberly Hall Barlow
Its: City Attorney
EVERETT DOREY LLP
___________________________________
By: Seymour B. Everett, III
Its: Special Counsel
INSIGHT PSYCHOLOGY &
ADDICTION, INC
___________________________________
By: Mary Helen Beatificato
Its: Owner and General Counsel
MARY HELEN BEATIFICATO
___________________________________
By: Mary Helen Beatificato
GERALD GROSSO
___________________________________
By: Gerald Grosso
JANE DOE
___________________________________
By: Jane Doe
Signed with pseudonym to protect privacy
783
CITY OF COSTA MESA
____________________________________
By:
Cecilia Gallardo-Daly
Its: Interim City Manager
Signed with authorization provided in closed
session at the Regular City Council Meeting
October 21, 2025
Approved as to Form:
JONES & MAYER
___________________________________
By: Kimberly Hall Barlow
Its: City Attorney
EVERETT DOREY LLP
___________________________________
By: Seymour B. Everett, III
Its: Special Counsel
INSIGHT PSYCHOLOGY &
ADDICTION, INC
___________________________________
By: Mary Helen Beatificato
Its: Owner and General Counsel
MARY HELEN BEATIFICATO
___________________________________
By: Mary Helen Beatificato
GERALD GROSSO
___________________________________
By: Gerald Grosso
JANE DOE
___________________________________
By: Jane Doe
Signed with pseudonym to protect privacy
784
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-174 Meeting Date: 3/17/2026
TITLE:
A ZONING CODE AMENDMENT TO REZONE SIXTH CYCLE (2021-2029) HOUSING ELEMENT SITES AND IMPLEMENT HOUSING ELEMENT PROGRAMS TO COMPLY WITH STATE Law, A CONFORMING CODE AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE, A RESOLUTION
TO AMEND THE NORTH COSTA MESA SPECIFIC PLAN FOR CONSISTENCY WITH THE
HOUSING ELEMENT SITES REZONING, AND DISCUSSION OF A RESOLUTION FOR THE
FUTURE CONSIDERATION OF ADOPTION OF FEES ASSOCIATED WITH NEW PROCESSES - PCTY-25-0008 AND PSPA-26-0001
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTED BY: MICHELLE HALLIGAN, SENIOR PLANNER AND ANNA
MCGILL, ADVANCE PLANNING MANAGER AND CATHY TANG-SAEZ, DUDEK CONTACT INFORMATION: MICHELLE HALLIGAN, (714) 754-5608
RECOMMENDATION:
Staff recommends the City Council find that the following actions are statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085(a) (Senate Bill 131) and CEQA Guidelines Section 15061(b)(3); and The Planning Commission recommends the City Council adopt Ordinance No. 2026-XX to amend Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to rezone Sixth Cycle (2021-2029) Housing Element sites and implement specific Housing Element programs, and find that the project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085(a) (Senate Bill 131) (Attachment 1); and
Staff recommends the City Council adopt Ordinance No. 2026-XX to amend Title 9 of the Costa Mesa Municipal Code (Licenses and Business Regulations) Article 23 for consistency with amendments to Chapter XVI of Title 13 (Planning, Zoning, and Development) (Attachment 3); and The Planning Commission recommends the City Council adopt Resolution No. 2026-XX to amend the North Costa Mesa Specific Plan for consistency with the application of the Mixed-Use Overlay District on Housing Element sites and find that the project is statutorily exempt from the provisions of CEQA pursuant to Public Resources Code Section 21080.085(a) (SB 131) (Attachment 4); and Staff recommends the City Council discuss and provide feedback on the draft Resolution No. 2026- XX establishing fees for new development review processes for housing projects, to be brought back
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File #: 26-174 Meeting Date: 3/17/2026
to City Council for adoption on April 7, 2026 (Attachment 6).
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: Meeting Date:
03/17/2026
TITLE: A ZONING CODE AMENDMENT TO REZONE SIXTH CYCLE (2021 -2029) HOUSING
ELEMENT SITES AND IMPLEMENT HOUSING ELEMENT PROGRAMS TO COMPLY WITH STATE LAW, A CONFORMING CODE AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE, A
RESOLUTION TO AMEND THE NORTH COSTA MESA SPECIFIC PLAN FOR CONSISTENCY WITH
THE HOUSING ELEMENT SITES REZONING , AND DISCUSSION OF A RESOLUTION FOR THE FUTURE CONSIDERATION OF ADOPTION OF FEES ASSOCIATED WITH NEW PROCESSES – PCTY-25-0008 AND PSPA-26-0001
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: MICHELLE HALLIGAN, SENIOR PLANNER AND ANNA MCGILL, ADVANCE
PLANNING MANAGER AND CATHY TANG-SAEZ, DUDEK
CONTACT INFORMATION: MICHELLE HALLIGAN, (714) 754-5608
RECOMMENDATION:
Staff recommends the City Council find that the following actions are statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085(a) (Senate Bill 131) and CEQA Guidelines Section 15061(b)(3); and
The Planning Commission recommends the City Council adopt Ordinance No. 2026-XX to amend Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to rezone Sixth Cycle (2021-2029) Housing Element sites and implement specific Housing Element programs, and find that the project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085(a) (Senate Bill 131) (Attachment 1); and
Staff recommends the City Council adopt Ordinance No. 2026-XX to amend Title 9 of the Costa Mesa Municipal Code (Licenses and Business Regulations) Article 23 for consistency with amendments to Chapter XVI of Title 13 (Planning, Zoning, and Development) (Attachment 3); and
The Planning Commission recommends the City Council adopt Resolution No. 2026-XX to amend the North Costa Mesa Specific Plan for consistency with the application of the Mixed -Use Overlay District on Housing Element sites and find that th e project is statutorily exempt from the provisions of CEQA pursuant to Public Resources Code Section 21080.085(a) (SB 131) (Attachment 4); and
Staff recommends the City Council discuss and provide feedback on the draft Resolution No. 2026-XX establishing fees for new development review processes for housing projects, to be brought back to City Council for adoption on April 7, 2026 (Attachment 6).
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ENVIRONMENTAL DETERMINATION:
On November 15, 2022, the Costa Mesa City Council adopted Resolution No. 2022-67, certifying and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites for the Sixth Cycle (2021-2029) Housing Element. The Mitigated Negative Declaration provided environmental clearance for the adoption of the Housing Element but did not study and mitigate the potential impacts of the rezoning actions. On July 1, 2025, a new statutory CEQA exemptio n, Public Resources Code Section 21080.085(a) (adopted by Senate Bill 131) went into effect, providing a CEQA exemption for rezoning actions needed to implement Housing Elements. The City’s proposed amendments implement a schedule of actions contained in t he approved Housing Element pursuant to Government Code Section 65583 and do not allow the construction of a distribution center, or oil and gas infrastructure. Therefore, the proposed amendments are statutorily exempt from CEQA pursuant to Public Resource s Code Section 21080.085(a). In addition, certain amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3).
BACKGROUND:
Since Spring 2025, the City has progressed on Neighborhoods Where We All Belong (NWAAB) effort, which implements Measure K and the adopted Housing Element to create housing development opportunities through rezoning and updating City regulations. The NWWAB effort was originally envisioned as a joint effort to conclude Fall 2026. In July 2025, the State of California passed Senate Bill (SB) 131, which established new CEQA statutory exemptions effective July 1, 2025, for specific housing and infrastructure projects. The City has been coordinating with the California Department of Housing and Community Development (HCD) on expediting Housing Element related actions to pursue a certified Housing Element.
On December 8, 2025, staff presented an update to the Pl anning Commission regarding the potential approach to rezoning Housing Element sites. The update included an overview of SB 131.With input from HCD, staff confirmed that under SB 131, carrying out actions in the Housing Element, such as amending the Zoning Code and North Costa Mesa Specific Plan to accommodate the Regional Housing Needs Assessment (RHNA), would be exempt from CEQA. Accordingly, the NWWAB rezoning effort has been bifurcated into two simultaneous work streams: one work stream focusing on expediting the rezoning of Housing Element sites, and a second work stream focusing on creating residential development opportunities on non-Housing Element Measure K sites on the City’s original NWWAB timeline.
December 8, 2025, Agenda Report and Attachments:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7773717&GUID=27C0C59C-E645- 40FE-9970-1CF616A43895
On January 26, 2026, the Planning Commission held a Study Session to discuss the draft rezoning of Housing Element sites, including within the North Costa Mesa Specific Plan, and draft amendments to Title 13 of the Costa Mesa Municipal Code (Zoning Code) to implement Housing Element programs.
January 26, 2026, Agenda Report and Attachments:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7826361&GUID=F156048D-17ED- 4207-AD1F-00C34ADD4BC9
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On February 9, 2026, the Planning Commission considered and recommended the City Council to approve proposed Zoning Code and North Costa Mesa Specific Plan amendments to rezone Housing Element sites, adopt an updated Mixed Use Overlay District (MUOD) to allow residential development on non-residential sites, and other Zoning Code amendments to implement specific Housing Element Programs, encourage and facilitate housing development, and comply with State law. As part of their motion, the Planning Commission also directed staff to honor the requests of several property owners to exclude those sites from the MUOD.
February 9, 2026, Agenda Report and Attachments:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7869925&GUID=46ADE2E0-93B1- 4307-BB85-FCF45BA3A0C2
On February 23, 2026, the Planning Commission considered and recommended the City Council approve an amendment to the Housing Element of the General Plan to add two sites and remove 17 sites at the request of their respective owners. This targeted amendment simply added text referen ces to two Measure K sites joining the inventory and removed text references regarding 17 sites. If adopted by the City Council, the amendment of the sites inventory will trigger a 180-day time period wherein the City must conduct a “no net loss” analysis , identify adequate sites to maintain capacity to meet the RHNA , and obtain approval from the HCD. Comprehensive updates to the Housing Element to reflect revised sites and capacities, related text, figure and table changes, and celebrate the City’s progress in implementing dozens of programs w ould be conducted as part of this “no net loss” analysis and HCD compliance process.
February 23, 2026, Agenda Report and Attachments:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7922544&GUID=692D0434-F1D3- 4FC7-A9F2-21B75AC2D44B
On March 17, 2026, under a separate action, the City Council will consider amending the Housing Element of the General Plan to add two sites and remove 17 sites from the Housing Element Sites Inventory. This item has been prepared for consistency with the Housing Element amendment a ction.
However, if the City Council does not approve the amendment of the Housing Element of the General Plan or makes modifications, consistent modifications may need to be incorporated into these actions.
DESCRIPTION:
The City is actively implementing programs identified in the adopted Housing Element and is working toward certification by HCD. Rezoning Housing Element Sites is a key component required to achieve certification as it establishes the anticipated development capacity of each site. To expedite certification, staff proposes rezoning actions for Housing Element sites only (excluding the Fairview Development Center as it will be rezoned through a new specific plan), as well as other associated Zoning Code text amendments to implement Housing Element programs, and meeting State requirements.
The proposed Zoning Code amendments would establish a new section of the Mixed-Use Overlay District (MOUD) in the Zoning Ordinance to apply to all Housing Element Sites (excluding the 17 properties proposed to be removed and areas within the Fairview Developmental Center ). Housing Element Opportunity Sites are outlined in red in Attachment 8 and reflect the staff recommendation to remove 17 sites and add an additional 2 sites. Additionally, the Zoning Code Amendment proposes to amend specific definitions related to housing including group homes and sober living homes, add land uses to the Land 789
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Use Matrix, streamline specific application procedures, reduce select residential parking minimums, align the City’s motel conversion termination of tenancy procedures with State and Federal law, and update the City’s regulations pertaining to group homes, reasonable accommodation, and emergency shelters.
Additional amendments to th ose areas of the Zoning Code are proposed to provide clarity, internal consistency, and remove outdated text.
The proposed rezoning also includes targeted amendments to the North Costa Mesa Specific Plan (NCMSP) to reflect the application of the MUOD to Housing Element Opportunity Sites the NCMSP. The draft amendments are depicted as underline text for text being added to the Element and strikethrough text for text being removed as depicted in Attachment 7.
While this expedited pathway focuses on Housing Element Sites, non-Housing Element Measure K sites shown in Attachment 8 are still being considered and rezoned as part of the Neighborhoods Where We All Belong (NWWAB) rezoning effort.
ANALYSIS:
Zoning Amendments
Mixed-Use Overlay District (Housing Element Programs 2N, 3C, and 3D) Per California Government Code Section 65583, cities and counties must identify adequate zoning and site capacity to accommodate their RHNA. In Costa Mesa, rezoning is necessary to establish adequate residential development capacity and a buffer of additional capacity to address California Government Code Section 65863 “no net loss” provisions that require jurisdictions to maintain capacity throughout the planning period.
To increase the development capacity of Housing Element Opportunity Sites, staff proposes to amend the City’s Zoning Map and MUOD. The proposed amendment would create a new section of the MUOD, Section 13 -83.58, Properties Identified in Housing Element, to be applied to all Housing Element Opportunity Sites, except the Fairview Developmental Center. The new section of the MUOD specifically establishes development criteria on Housing Element Opportunity Sites to encourage and facilitate residential development, subject to the following:
Densities ranging from 20 units per acre up to the specific site density identified in the Housing Element (40, 50, and 90 units per acre);
Basic objective design standards such as height and minimum setbacks that can accommodate the Housing Element-identified densities; and
Ministerial review and approval procedures consistent with State law.
Additionally, amendments to the NCMSP only pertaining to Housing Element Opportunity Sites within the NCMSP are necessary for consistency with the Housing Element, Land Use Element revisions adopted by the City Council on November 4, 2025, and proposed MUOD.
To comply with state law (AB 1397), the amendment to the MUOD would allow "by -right" (ministerial) approval for projects on Housing Element Opportunity Sites that include at least 20 percent lower-income units. If adopted, the new section of the MUOD, along with an amendment to the Zoning Map (Attachment 2), would constitute the rezoning of Housing Element Opportunity Sites, except for the Fairview Developmental Center site which will be subject to a new specific plan, and is undergoing a separate 790
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process under state law. See the updated Zoning Map (Attachment 2), new MUOD section (Attachment 7, Exhibit E), and amendments to the North Costa Mesa Specific Plan (Attachment 7, Exhibit N).
Finally, as part of their motion to the City Council, the Planning Commission directed revisions to Section 13-83.58(b)(3) to include an exception for the 14 properties listed in the public comment letter provided on February 7, 2026, on behalf of C.J. Segerstrom & Sons (CJS), requesting to be removed from the City’s Housing Element Sites inventory and excluded from the MUOD. As part of a separate action, staff has prepared a resolution for the City Council amending the Sixth Cycle Housing Element (2021-2026 of the City of Costa Mesa’s General Plan) to remove 17 sites (including the 14 CJS sites) from the Housing Element Sites Inventory. Therefore, when the City Council takes action to establish the MUOD and apply the overlay to the Housing Element Opportunity Sites, the overlay will not be proposed at these 14 sites and revisions to section 13-83.58(b)(3) are no longer needed. These 14 CJS sites are still Measure K sites and will be considered for rezoning as part of the broader NWWAB effort.
Planning Applications (Housing Element Program 3S)
California Government Code Section 65583 mandates that cities and counties address governmental constraints to housing construction such as removing restrictive zoning and lengthy planning application processing. The proposed amendments to Title 13, Chapter III, Planning Applications, will create a new “Streamline Development Review” process for the ministerial review of residential uses that are permitted by right under State law, projects that are one story in the R1, R2-MD, R2-HD, and R3 zones, and small commercial/mixed-use additions. For qualifying applications, Planning Division will conduct an expedited review against objective standards only.
As proposed, mixed-use applications that include residential development would be no longer subject to the discretionary process of a Master Plan application and Master Plan screening before the City Council.
This amendment is anticipated to expedite the approval of mixed-use applications, which is an important component of Housing Element implementation strategy given that all Housing Element Opportunity Sites would be rezoned to be within a new section of the MUOD.
The proposed amendments, seen in Attachment 2 and in strikethrough format in Attachment 7, Exhibit C would remove Design Review and Minor Design Review. Currently, projects proposing three or more dwelling units must complete a subjective design review process which does not align with State housing law. Applications for two-story residential development that do not currently conform to adopted residential design guidelines are subject to a subjective minor design review. As proposed, those projects would be processed through the standard Development Review and approved if they comply with objective standards. If varying from objective standards, the projects would need a Major Modification or Minor Modification for approval. As proposed, the review of design will be accomplished through the Streamline Development Review and Development Review processes, with a focus on objective design standards.
Additional objective design standards beyond those adopted today are forthcoming as part of the NWWAB effort. The proposed changes would:
Create a new ministerial approval process called Streamline Development Review, applicable to:
o Projects where 20 percent of the units are affordable to lower income households; o Residential uses permitted by-right consistent with State law; o One-story residential construction in the R1, R2-MD, R2-HD, and R3 zones; and o Limited commercial building additions.
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Replace the discretionary Design Review and Minor Design Review procedures with staff-level objective review procedures; and
Encourage MUOD applications by removing the Master Plan requirement for projects within that district.
Overall, the proposed amendments to Chapter III, Planning Applications are inten ded to reduce governmental constraints to residential and mixed-use development and shift the City’s review framework away from subjectivity and toward objective standards. These amendments partially implement Housing Element Program 3S and would further encourage and facilitate residential and mixed-use development.
Definitions (Housing Element Programs 2J, 2N, 2O, 2P, and 3F)
Zoning Code Chapter 1, Article 2, Definitions establishes the meaning of certain words and phrases which are used in th e Zoning Code. Amendments include adding a definition of “employee housing” per California’s Employee Housing Act (in California Health and Safety Code Sections 17000–17011) and adding a definition of “efficiency unit” that complies with Health & Safety Cod e § 17958.1. Other amendments include updating the definitions of group home, single housekeeping unit, single residential occupancy unit, sober living home, supportive housing, and transitional housing to meet State regulations and implement certain Housing Element Programs. Additionally, the name “administrative adjustment” is proposed to change to “major modification” for consistency with proposed changes in Chapter III, Planning Applications. See Attachment 7, Exhibit A for the proposed amended definitions.
Subsequent Administrative Adjustment References
Staff proposes to update the reference to “administrative adjustment” to “major modification” in Chapter I Section 13-11, Zoning Administrator, Review Authorities (Attachment 7, Exhibit B), and in Chapter XII Section 13 -272, Transportation System Management, Definitions (Attachment 7, Exhibit J), for consistency with the amendment to the naming convention in Chapter III Planning Applications (Attachment 7, Exhibit C).
Land Use Matrix (Housing Element Programs 2J and 4E)
Amendments to Title 13, Chapter IV, Citywide Land Use Matrix, are proposed for consistency with amendments to the Definitions chapter related to housing and to allow a “low barrier navigation center” use by right per Government Code Section 65660. The table and footnotes are proposed to be updated to add employee housing, supportive housing, transitional housing, and low barrier navigation center uses.
Other amendments would be minor clean-up items to remove typographical errors, unnecessary “reserved” and “reserved for future use” categories, as well as “incidental residential use that includes a toilet in combination with a bathtub or shower…” as it is now covered by the accessory dwelling unit use in the Accessory Uses section of the matrix. See Attachment 7, Exhibit D for the strikethrough version of the amendments to the Land Use Matrix.
At this time, an update of the order and numbering of uses in the Land Use Matrix is not proposed because the Planning Division is in the process of preparing an overhaul to the formatting and organization, anticipated to be presented to the Planning Commission in Spring 2026.
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Off-Street Residential Parking Standards (Housing Element Program 2M)
The City has been collaborating with HCD to assess if the adopted residential parking minimums meet State requirements and do not unduly burden residential development. The proposed update to Table 13- 85(A) would remove the requirement to add parking for bedroom additions in single-family residential units per Assembly Bill 1308, which became effective on January 1, 2025.
Following technical assistance from HCD, Table 13-85 is proposed to be updated to have multifamily units with 3 or more bedrooms subject to the same parking requirements as multifamily units with 2 or more bedrooms (2 off-street spaces and at least 0.25 off -street guest spaces). Opportunities for unbundled parking was briefly discussed at the January 26, 2026, Planning Commission study session. Staff has been exploring potential options for unbundled parking and plans to include these proposed revisions as part of the broader NWWAB zoning code updates. See Attachment 7, Exhibit F for the strikethrough version of these amendments.
Motel Conversions (Housing Element Program 3F)
Costa Mesa has successfully converted multiple motels to affordable housing units through Project Homekey, a program administered by HCD, and funded by State and Federal resources. As proposed, Title 13, Chapter IX Special Land Use Regulations, Article 8 Motels would be updated to specify that in the motel conversion process, termination of tenancy procedures would follow the requirements of the funding source (State and Federal law). See Attachment 7, Attachment G.
Reasonable Accommodation (Housing Element Program 2N)
The City has reviewed its Reasonable Accommodation procedures and proposed updates to promote access to housing for persons with disabilities and remove potential constraints. The proposed revisions include removal of Finding 7 and key revisions to Findings 3, 4 and 5 to provide greater certainty and objectivity in the procedures and process. See Attachment 7, Exhibit H for the strikethrough version of these amendments.
Emergency Shelters (Housing Element Program 4G)
Cities and counties are limited in the scope of regulating how emergency shelters are operated by California Health and Safety Code Sections 50801 and 50801.5. Title 13, Chapter IX Special Land Use Regulations, Article 18 Emergency Shelters, is proposed to be amended to clarify parking requirements and remove regulations pertaining to the towing of vehicles and denying occupancy on conditions related to alcohol and narcotics. See Attachment 7, Exhibit I.
Group Homes (Housing Element Program 2P)
The City has reviewed the relevant Zoning Code and application procedures pertaining to group homes to help promote greater objectivity and certainty similar to other residential uses in the same zoning districts. Proposed revisions include further clarifications to the group and sober living home definitions (as noted in the definitions analysis section), limiting the Special Use Permit (SUP) requirement to group homes that have an operator, remov ing parking requirements that exceed those for similar uses, eliminating the requirement for a hearing prior to issuance of a SUP for consistency with other ministerial permits, and reducing the courtesy public notice requirement from 500 feet to 100 feet. Finally, the one- 793
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year grace period to obtain a SUP, applicable only to existing operators when the group home provisions were first adopted in 2014, was removed. See Attachment 7, Exhibits K and L.
Revisions to Title 9 Licenses and Business Regulations, Cha pter II, Regulation of Certain Business, Article 23, Group Homes, for consistency with the revisions to Title 13, Chapter XV are also included in Attachment 7, Exhibit M. These revisions remove certain parking requirements for residents and house managers living or working within a group home.
North Costa Mesa Specific Plan Amendment (Housing Element Program 3C)
Several properties within the boundary of the North Costa Mesa Specific Plan are Housing Element Opportunity Sites. As such, the Specific Plan is proposed to be amended for consistency with the rezoning of Housing Element Opportunity Sites via the application of the new MUOD. Housing Element Program 3C calls for the amendment of the North Costa Mesa Specific Plan to permit residential development on Housing Element Opportunity Sites at a density of 90 dwelling units per acre. To implement this program, the following actions are proposed and illustrated in Attachment 5 and in strikethrough format in Attachment 7, Exhibit N:
Add a new section specific to Housing Element Opportunity Sites reflecting the application of the new MUOD, with a density up to 90 dwelling units per acre and a minimum of 50% residential development;
Update Figure 2, General Plan Land Use Designation, and Figure 3, Zoning; Update Table 1, General Plan Designations to include the MUOD; Update text related to building height to specify that maximum building heights apply unless a proposed project is utilizing the MUOD on a qualifying property (MUOD height limits would apply); Other minor text edits to reflect Housing Element sites; Update reference to Density Bonus Law; and
Update Table 2, Maximum Building Heights to reference the MUOD.
As part of their motion to the City Council, the Planning Commission directed staff to review the public comment provided by Mr. Sakioka on February 9, 2026, and make any additional revisions needed for consistency between the NCMSP and the Housing Element. Since then, staff have met with Mr. Sakioka and his team. Since certain Housing Element sites within the NCMSP can already develop housing under the NCMSP, revisions were needed to allow the sites sufficient density and development standards to realize the housing capacity identified in the Housing Element. The proposed revisions would allow these sites to develop either under the NCMSP or the MUOD Overlay, consistent with the capacity identified in the Housing Element.
GENERAL PLAN CONFORMANCE
The proposed Zoning Code amendments and North Costa Mesa Specific Plan amen dment are consistent with the City’s General Plan, including amendments to the Land Use Element adopted by the City Council and effective on November 4, 2025. The proposed amendments are in conformance with the City’s General Plan including:
HOU‐2.1 Facilitate the development of housing that meets the needs of all segments of the population including affordable housing and households with specialized needs. 794
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HOU‐2‐4 Encourage housing programs and future actions that address the need for affordable housing options as well as the housing needs of Costa Mesa’s senior resident population and the large households population.
HOU‐3.1 Encourage the conversion of existing marginal, underutilized, or vacant motels, commercial, and/or industrial land to residential, where feasible and consistent with environmental conditions that are suitable for new residential development. HOU‐3.2 Encourage the development of well ‐planned and designed residential or mixed ‐use projects which, through vertical or horizontal integration, provide for the development of compatible residential, commercial, industrial, institutional, or public uses within a single project, neighborhood, or geographic area within the City.
HOU‐3.5 Encourage residential and mixed ‐use development along transportation routes and major commercial/mixed use corridors.
HOU‐4.3 Encourage and support the construction, maintenance and preservation of residential developments which will meet the needs of families and individuals with specialized housing requirements, including those with developmental disabilities. Policy LU -1.1 Provide for the development of a mix and balance of housi ng opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segments of the community. Policy LU-1.2 Balance economic gains from new development while reserving the character and densities of residential neighborhoods.
Policy LU -1.3 Strongly encourage the development of residential uses and owner -occupied housing (single -family detached residences, condominiums, townhouses) where feasible to improve the balance between rental and ownership housing opportunities. Policy LU -1.5 Maintain a land use structure that strives to balance jobs and housing with available infrastructure and public and human services. Policy LU -2.9 Require appropriate building setbacks, structure orientation , and placement windows to consider the privacy of adjacent residential structures within the same project and on adjacent properties.
Policy LU-3.1 Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housin g parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities.
Policy LU-3.4 Ensure that residential densities can be supported by the infrastructure and are compatible with existing residential neighborhoods in the surrounding area. Policy LU-3.5 Provide opportunities for the development of well-planned and designed projects which, through vertical or horizontal integration, provide for the development of compatible residential, commercial, industrial, institutional, or public uses within a single project or neighborhood.
Policy LU-3.9 Locate high-intensity developments or high-traffic-generating uses away from low- density residential in order to buffer the more sensitive land uses from the potentially adverse impacts of the more intense development or uses.
Policy LU -3.10 Minimize effects of new development on the privacy and character of surrounding neighborhoods.
Policy LU-5.7 Encourage new development that is organized around compact, walkable, mixed- use neighborho ods and districts to conserve open space resources, minimize infrastructure costs, and reduce reliance on the automobile.
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ENVIRONMENTAL DETERMINATION
On November 15, 2022, the Costa Mesa City Council adopted Resolution No. 2022-67, certifying and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites for the 6th Cycle (2021 -2029) Housing Element. The Mitigated Negative Declaration provided environmental clearance for the adoption of the Housing Element but did not study and mitigate the potential impacts of the rezoning actions. When the Professional Service Agreement for the Rezoning Program was signed in March 2025, an Environmental Impact Report was determined to be necessary for the rezoning to comply with CEQA. However, on July 1, 2025, a new statutory CEQA exemption, known as SB 131 or Public Resources Code Section 21080.085(a), went into effect, providing a CEQA exemption for rezoning actions needed to implement Hou sing Elements. The City’s proposed amendments implement a schedule of actions contained in the approved Housing Element pursuant to Government Code Section 65583 and do not allow the construction of a distribution center, or oil and gas infrastructure. The refore, the proposed amendments are statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085(a). In addition, the amendments to Chapters I, II, III, IX, XV and XVI of Title 13, the amendments t o Title 9, and the fee Resolution are exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that none of these will have a significant effect on the environment.
ALTERNATIVES:
The City Council has the following alternatives:
1. Approval with modifications. The City Council may recommend approval with modifications to the amended Zoning Code sections and Specific Plan or removal of items from the amendments provided that the revisions are internally consistent and consistent with the General Plan and State law.
2. Continue the Ordinance and Resolution review to a date certain. The City Council may continue the item to a date certain with direction for staff to return with additional information, changes and/or clarifications for City Council consideration.
FISCAL REVIEW:
The City anticipates the proposed rezoning actions, coupled with streamlined planning application processing, will generate an increase in residential and mixed -use development through ministerial approvals. With the proposed transition to staff-level, ministerial review processes, staff anticipates a shift in processing time and associated discretionary review tasks. At the same time, it is important to ensure that staff time spent on reviewing housing projects for compliance with the Zoning Code and objective development standards is still accounted for in accordance with cost recovery practices. As a result, the fees currently charged have been evaluated and with new fees proposed to ensure that they appropriately align with the staff resources needed for proposed streamlined development review.
The proposed fees included in Attachment 6 are tiered based on project size, as indicated in table 1 below. Projects that propose 5-49 units are broken down into two categories of flat fees. These fees are intended to cover the costs of staff time associated with application processing, based on the size and complexity of the project. Development review projects with 50 or more units will be required to submit a 796
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cost recovery deposit where staff time spent reviewing the project is appropriately tracked and charged.
For each project type, the proposed fee will achieve full cost recovery. The draft resolution has been included with the staff report for discussion and to provide feedback . Staff anticipate bring ing this resolution back to the City Council, with the anticipated second reading of the ordinance, on April 7, 2026, for City Council adoption.
Table 1. Housing Development Review Fee Schedule
Activity Description Fee Charge Basis
1. Fee to be paid for the development review of
housing projects proposing 5-29 units
$8,400
2. Fee to be paid for the development review of
housing projects proposing 30-49 units
$21,000
3. Fee to be paid for the development review of
housing projects proposing 50 or more units
$30,000 Time and Materials with
Minimum Deposit
Additionally, state housing laws limit discretionary review for housing projects, particularly for Housing Element sites, that qualify for by-right or streamlined approval. Without being able to require conditions of approval or a Development Agreement, staff are in discussion with other departments about exploring development impact fees and/or updating existing fees. While the impacts of individual projects on public services and facilities may be incremental, the cumulative effect of new development over time could be substantial. To ensure that new development contributes its fair share toward the cost of public services and facilities, additional analysis, potentially through a nexus study, is warranted. This analysis would provide the necessary technical support to establish new impact fees (such as for public safety services and parks) or update existing impact fees.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this staff report, the attached ordinances and resolutions, and approves them as to form.
PUBLIC NOTICE
Pursuant to California Government Code Section 65854 (amended by Assembly Bill 2904 in 2025) public notification for amending the Housing Element of the General Plan has been completed no less than 10 days prior to the date of the public hearing:
1. On-site posting. A public notice was posted at City Hall and on the City’s website on March 6, 2026.
2. Newspaper publication. A public notice was published in the Daily Pilot newspaper on March 6, 2026
Additionally, information about the associated actions was posted to the NWWAB webpage (https://www.costamesaneighborhoods.com) and distributed via email to the project interest list on January 21, 2026, February 6, 2026, February 17, 2026, February 20, 2026, and March 9, 2026.
797
Item #: Meeting Date: 3/17/2026
All public comments received prior to the February 9, 2026 Planning Commission meeting have been included as Attachment 10.
Any public comments received for the March 17, 2026 City Council meeting, may be viewed at this link: CITY OF COSTA MESA - Calendar (legistar.com)
CITY COUNCIL GOALS AND PRIORITIES:
The focused update to the Land Use Element for consistency with the Housing Element supports the following City Council Goal:
Diversify, stabilize and increase housing to reflect community needs.
CONCLUSION:
Following City Council action on these amendments, staff anticipate initiating a Housing Element update to increase housing capacity and/or identify additional sites necessary to maintain capacity for RHNA and 10-20 percent buffer. Staff will continue to collaborate with HCD in pursuit of certification.
Community engagement on the Measure K sites, as part of the NWWAB, is still actively and concurrently underway. Round 2 community workshops were held in the first week of March and stakeholder focus group meetings are scheduled for March 19th. City staff is also continuing the analysis of potential impacts of Measure K property development opportunities on the environment through the Environmental Impact Report process. Staff will continue to update the City Council, Planning Commission and community on project progress through the project website, www.costamesaneighborhoods.com, emails to the interest list, and study sessions.
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ATTACHMENT 1
Ordinance No. 2026- xx Page 1 of 5
ORDINANCE NO. 2026-xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA AMENDING ARTICLE 2 AND ARTICLE 3 , CHAPTER I ; CHAPTER II; CHAPTER III ; CHAPTER IV; ARTICLE 11, CHAPTER V; ARTICLE 1, CHAPTER VI; ARTICLE 8, CHAPTER IX; ARTICLE 15 , CHAPTER IX ; ARTICLE 18 , CHAPTER IX; ARTICLE 3, CHAPTER XII; CHAPTER XV ; AND CHAPTER XVI OF TITLE 13 (PLANNING, ZONING, AND
DEVELOPMENT), OF THE COSTA MESA MUNICIPAL CODE TO REZONE SIXTH CYCLE (2021-2029) HOUSING ELEMENT SITES AND IMPLEMENT HOUSING ELEMENT
PROGRAMS TO COMPLY WITH STATE LAW AND MAKE RELATED REVISIONS TO THE
ZONING CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, California Government Code Section 65580 et sec. (State Housing Element Law) requir es each city and county to adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, programs, quantified objectives, and sites to further the development, improvement, and preservation of housing;
WHEREAS, the City’s Sixth Cycle (2021-2029) Housing Element was adopted by the Costa Mesa City Council on February 1, 2022, through Resolution No. 2022- 06 and amendments adopted on November 15, 2022, through Resolution No. 202 2-67, and as revised as recently as March 1, 2023, to incorporate non- substantive changes as authorized by the City Council;
WHEREAS, the rezoning of Housing Element Opportunity Sites is necessary to establish the densities prescribed in the adopted Housing Element; WHEREAS, the rezoning of Housing Element Opportunity Sites is exempt from Title 13, Chapter IX Special Land Use Article 22, An Ordinance to give the People of Costa Mesa Control of Their Future (Measure Y) pursuant to Costa Mesa Municipal Code Section 13-200.106(g);
WHEREAS, on November 29, 2023, the State of California Department of Housing and Community Development issued a letter to the City of Costa Mesa regarding Housing Element program implementation and describing the need for amendments to Costa Mesa Municipal Code Title 13 pertaining to Group Homes, single housekeeping units, and reasonable accommodations;
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Ordinance No. 2026- xx Page 2 of 5
WHEREAS, this Ordinance would add Section 13- 83.58 “Properties Identified in the Housing Element” to Title 13, Chapter V Development Standards, Article 11, Mixed- Use Overlay Districts, specific to rezoning Housing Element Opportunity Sites with a minimum density of 20 units per acre and at least 50 percent residential use, with maximum densities prescribed in the Housing Element;
WHEREAS, the development standards and application processing in Section 13-83.58 “Properties Identified in the Housing Element” were designed to encourage and facilitate housing at densities over 20 units per acre with objective development standards;
WHEREAS, this Ordinance would amend the following Chapters in Title 13 of the Costa Mesa Municipal Code in order to implement Housing Element programs and related activities:
a. Chapter I, Article 2, Definitions
b. Chapter I, Article 3, Review Authorities
c. Chapter II, Zoning Districts Established
d. Chapter III, Planning Applications
e. Chapter IV, Citywide Land Use Matrix
f. Chapter V Development Standards, Article 11 Mixed-Use Overlay District g. Chapter VI, Article 1, Residential Districts
h. Chapter IX, Article 8, Motels
i. Chapter IX, Article 15, Reasonable Accommodations
j. Chapter IX, Article 18, Emergency Shelters
k. Chapter XII, Article 3, Transportation System Management l. Chapter XV, Group Homes
m. Chapter XVI, Group Homes in the R2- MD, R2 -HD and R3 Residential Zones and the PDR -LD, PDR- MD, PDR- HD, PDR- NCM, PDC, and PDI (Planned Development Zones);
WHEREAS, a Study session was held by the Planning Commission on January 26, 2026, with all persons having the opportunity to speak for and against the amendments;
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Ordinance No. 2026- xx Page 3 of 5
WHEREAS, a duly noticed publ ic hearing was held by the Planning Commission on February 9, 2026, with all persons having the opportunity to speak for and against the amendments;
WHEREAS, on February 9, 2026, the Planning Commission voted 6- 1 to recommend the City Council adopt the am endments to Title 13 and coordinate with specific Housing Element Opportunity Site property owners and further review the North Costa Mesa Specific Plan for consistency with the proposed amendments; WHEREAS, on March 17, 2026, the City Council held a duly noticed public hearing to give first reading to the proposed amendments to Title 13, with all persons having the opportunity to speak for and against the proposal at the public hearing; WHEREAS, o n November 15, 2022, the City Council adopted Resolution N o. 2022-67, certifying and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites for the Sixth Cycle (2021-2029) Housing Element, which provided environmental clearance for the adoption of the Housing Element;
WHEREAS, the proposed amendments implement a schedule of actions contained in the approved Housing Element pursuant to Government Code Section 65583 and do not allow the construction of a distribution center, or oil and gas infrastructure, accordingly, the proposed amendments are statutorily exempt from CEQA pursuant to Public Resources Code Section 21080.085(a) The proposed amendments to Title 13 implement a schedule of actions contained in the approved Housing Element pur suant to Government Code Section 65583 and do not allow the construction of a distribution center, or oil and gas infrastructure. Therefore, the proposed amendments are statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Public R esources Code Section 21080.085(a). In addition, the proposed amendments to Chapters I, III, IX, XV and XVI of Title 13 are exempt under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that these prop osed Zoning Code amendments will have a significant effect on the environment.
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Ordinance No. 2026- xx Page 4 of 5
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 13 of the Costa Mesa Municipal Code , Chapters I, III, IV, V, VI, IX, XII, XV, and XVI are hereby amended to read as set forth in Exhibit A, and Chapter II, the Official Zoning Map on file with the Planning Division, is hereby amended as depicted in Exhibit B, both attached hereto and incorporated herein by these references.
Section 2. I nconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, 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 or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, p hrases, 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 4. E
ffective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 5. C ertification. 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. 2026- xx Page 5 of 5
PASSED AND ADOPTED this 17th day of March, 2026.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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. 2026-xx was duly introduced for first reading at a regular meeting of the City Council held on the ____day of _________ 2026, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the ___ day of _________, 2026, 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 affix ed the seal of the City of Costa Mesa this ____ day of ______, 2026.
___________________________
Brenda Green, City Clerk
803
1 Article 2
Definitions
§ 13-5. Purpose.
The intent of this article is to define certain words and phrases which are used in this Zoning Code. Additional definitions may also be given in conjunction with the special regulations contained in Chapter IX, Special Land Use Regulations, and Chapter XI I, Special Fee Assessments.
(Ord. No. 97-11, § 2, 5-5-97)
§ 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.
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, ATTACHMENT 2
EXHIBIT A
804
2 intended for the purpose of receiving or transmitting communication to or 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.
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 805
3 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 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. 806
4 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).
Easement. A grant of one or more property rights by the owner for use by the public, a corporation or another person or entity.
Efficiency unit. A dwelling unit for occupancy by no more than two persons conforming to California’s Health and Safety Code § 17958.1 with a minimum floor area of 150 square feet that provides bathroom facilities and a partial kitchen equipped with a sink, cooking appliance, and refrigerator.
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.
Employee housing. Shall have the same meaning as “employee housing” described in California Health and Safety Code Section 17021.5, and as set forth in California Health and Safety Code Section 17008 for farmworkers.
807
5 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 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 808
6 housekeeping unit; (3) any group home without an operator.
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.
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.
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.
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7 (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 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.
Low barrier navigation center. Shall have the same meaning as “low barrier navigation center” as set forth in Government Code Section 65660.
Major modification. 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.
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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8 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 commo n 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 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. 811
9 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 , including an in-house manager, who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and /or 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 administrator, planning commission, or city council. Planning applications include major modifications, 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 812
10 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, 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 813
11 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 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 joint use of and responsibility for common areas, which includes interaction with each other, shared meals, household activities, and expenses and responsibilities; where residency is mutually agreed by all residents, is not transitory in nature and the residential activities of the household are conducted on a not-for-profit basis.
Single room occupancy unit. A dwelling unit that serves as the primary residence of its occupant(s) and is offered on a monthly rental basis or longer. Single room occupancy units may contain kitchen and/or sanitary facilities. If the units do not contain kitchen and/or bathroom facilities, shared kitchen and/or bathroom facilities must be provided within the building.
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 814
12 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 ; (3) any sober living home without an operator.
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 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 ab ove 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.
Streamlined development review. The streamlined processing of a development plan when authority for approval is vested in the planning division.
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, as defined in Section 50675.14 of the California Health and Safety Code, 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.
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. 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 815
13 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 e xceed 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.
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, 816
14 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)
817
1 Article 3
Review Authorities
§ 13-7. Purpose.
The purpose of this article is to establish the project review authority of the city council, the redevelopment agency, the planning commission, the zoning administrator and the planning division.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-8 City council.
The city council shall have final decision authority for appeals, final maps, specific plans, master plans in the town center and planned development districts, rezones, general plan amendments, density bonuses with financial incentives, Zoning Code amendments, improvement and development agreements, annexations and any action specified in this Zoning Code. The city council shall also be responsible for the acceptance of lands and/or improvements as may be proposed for dedication to the city, except deeds of dedication and parcel maps of four or fewer lots with no development agreements. The city council may impose conditions of approval. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-9 Redevelopment agency.
(a) Declaration of need of agency. It is hereby found and declared, pursuant to State Health and Safety Code section 33101, that there is a need for a redevelopment agency in the city, as such agency was created by section 33100, to function in the city, and the agency is hereby authorized to transact business and exercise all of the powers granted to it under the Community Redevelopment Law.
(b) Council declared agency. The five members of the city council are hereby declared to be the members of the redevelopment agency and are empowered to exercise all the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in an agency. (c) Term of agency members. Membership shall be for the period each councilmember serves in office, and shall automatically terminate at the time any councilmember no longer holds the office of councilmember. Any vacancy existing on the redevelopment agency shall be filled only by a duly elected sworn and acting city councilmember.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-10 Planning commission.
(a) Commission. Pursuant to the provisions of section 65101 of the Planning and Zoning Law of the California Government Code, there is hereby created a planning commission, which shall consist of seven members.
(b) Appointment and removal of commissioners. Each council member elected by district shall nominate a planning commission member, subject to approval by a majority vote of the entire city council. The mayor shall nominate a planning commission member, subject to approval by a majority vote of the entire city council. Planning commission members serve at the pleasure of the city council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire city council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy. 818
2 (c) Residency. Each member of the planning commission must be a resident of the City of Costa Mesa at the time the member is nominated and appointed. If any member of the planning commission ceases to be a resident of the city that member's appointment will automatically terminate. The secretary of the planning commission shall immediately inform the city council of any such termination.
(d) Term. The term of each planning commission member shall expire on the date on which the second regular meeting in January is held immediately following expiration of the term of the council member or mayor who appointed that member, or until he or she is reappointed or replaced.
(e) Ex-officio member of commission. The director of development services and city attorney or designee shall attend the meetings of the planning commission and assist the commission in an advisory capacity as needed.
(f) Absence from commission meetings without cause. If a planning commission member is absent from three consecutive regular meetings of the commission, without cause, the office of the member shall be deemed to be vacant and the term of such member terminated. The secretary of the planning commission shall immediately inform the city council of such termination.
(g) Absence from commission meetings for cause. An absence due to illness or an unavoidable absence from the city and written notice thereof given to the secretary of the planning commission on or before the day of any regular meeting of the commission shall be deemed absence for cause.
(h) Councilmember ineligibility. No member of the city council shall be eligible for membership on the planning commission.
(i) Authority of the planning commission.
(1) The planning commission shall have the power, except as otherwise provided by law, to act on plans for the regulation of the future growth, development and beautification of the city, in respect to:
a. Public and private buildings and works, streets, parks, grounds and vacant lots. b. The future growth and development of the city in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities. c. The location of any proposed buildings, structures, or works. (2) The planning commission is authorized to act upon the following discretionary actions:
a. Recommend to the city council approval, conditional approval or denial of general plan amendments, specific plans, rezones, Zoning Code amendments, development agreements, density bonuses with public financial incentives, preliminary and final master plans, and any other action specified in this Zoning Code.
b. Recommend to the successor agency to the former redevelopment agency approval, conditional approval or denial of redevelopment actions, or adoption and/or amendments to a redevelopment plan.
819
3 c. Approve, conditionally approve or deny applications for conditional use permits, variances, tentative tract and parcel maps, density bonuses without public financial incentives, and any other action specified in this Zoning Code.
d. Perform other duties necessary to carry out the provisions reserved to the planning commission in Title 10 of the Municipal Code, the provisions of this Zoning Code and the provisions of the Planning, Zoning and Development Law of the State Government Code. (j) Commission bylaws authorized. The planning commission shall have the power, except as otherwise provided by law, to adopt such bylaws as it may deem necessary to provide for:
(1) The time and place of meeting.
(2) The time and method of electing officers.
(3) Such other matters relative to the organization of the planning commission and methods of administration of its duties which are not otherwise provided for by statute or ordinance. (k) Regular meeting of commission defined. A regular meeting as provided by law or by rule of the planning commission or any regularly advertised public hearing shall be deemed a regular meeting.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-12, § 1, 3-5-01; Ord. No. 02-4, § 1a, 3-18-02; Ord. No. 03-2, § 3, 3-3-03; Ord. No. 04-17, § 3, 1-3-05; Ord. No. 19-05, § 1, 4-2-19; Ord. No. 21-14, § 1, 8-3-21)
§ 13-11 Zoning administrator.
(a) The development services director or designee is authorized to act as the zoning administrator according to procedures set forth in the State Government Code. (b) The zoning administrator is authorized to approve, conditionally approve, or deny the following discretionary planning applications. The zoning administrator may forward any action to the planning commission for review.
(1) Major modification;
(2) Minor conditional use permit;
(3) Lot line adjustment;
(4) Wireless telecommunications use permit (see section 19-15); and (5) Any action specified in this Zoning Code.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20) § 13-12 Planning division.
The development services director or designees constitute the planning division. The planning division is authorized to act on and grant approvals of development reviews and minor modifications as described in Chapter III, Planning Applications, Wireless Telecommunications Use Permit (see section 19-15), and other duties as designated by the development services director, planning commission, city council and this Zoning Code. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20) 820
1 CHAPTER III
PLANNING AP
PLICATIONS
§ 13-27. Purpose.
The purpose of this chapter is to establish the parameters for the numerous types of discretionary planning applications and to identify processing procedures. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-28. Types.
(a) Major Modification. 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)
MAJOR MODIFICATIONS
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. 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 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, 821
2 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) Development review, streamlined. The following shall be subject to streamlined development review, if the project complies with applicable development standards in this Zoning Code and meets one of the following conditions:
(1) Residential construction of one story in the R1, R2-MD, R2-HD, and R3 zones. (2) Residential uses permitted by right in the Zoning Code and qualifying for ministerial approval as a ‘use by right’ consistent with the applicable provisions of the Government Code.
(3) Additions to existing buildings in the AP, CL, C1, C2, C1-S, MG, or MP zones that comply with the applicable development standards in this Zoning Code and do not exceed 2,000 square feet or 50% of the existing building area, whichever is less, shall be subject to streamlined development review.
(e) Development review. The following shall be subject to development review:
(1) Residential construction of two or more stories. In any zone, residential construction of two or more stories that complies with the applicable development standards in this Zoning Code and the forthcoming Citywide Residential and Mixed-Use Objective Design Standards adopted by city council. Until such objective standards are adopted, projects shall be subject only to the objective development standards in this Zoning Code.
(2) Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, C1-S, MG, or MP zones that comply with the applicable development standards in this Zoning Code and exceed 2,000 square feet or 50% of the existing building area; 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), and all types of institutional and recreational (I&R, I&R-S, and I&R-MLT) zoning districts, a master plan is required. Preliminary master plans are required in the TC and I&R-MLT zone, are optional in PD 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; 822
3 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;
823
4 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. (h) Minor conditional use permit. Any use or deviation from development standards specified in this Zoning Code as requiring a minor conditional use permit. 824
5 (i) Minor modification. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-28(i).
TABLE 13-28(i)
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 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 residential zones 100% or less
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 825
6 (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.
(j) 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. (k) Planned signing program. A voluntary, optional alternative to the general sign regulations, except in the C1-S zone where it is required. (l) Reasonable accommodation. As defined in section 13-200.62 (m) (Reserved)
(n) Rezone. Any proposed change to the official zoning map. (o) Special use permit. Refer to Chapter XV of the Zoning Code. (p) 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.
(q) 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.
(r) Variance. Any deviation from a development standard in this Zoning Code that is not specified as a minor modification or major modification, or a deviation that is not allowed by approval of conditional use permit, minor conditional use permit, or specific plan conformity procedure.
(s) 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 826
7 Preservation.
(t) 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)
§ 13-29. Planning application review process.
(a) Application.
(1) Application for any planning application shall be made to the planning division on the forms provided. Plans and information reasonably needed to analyze the application may be required. A list of required plans and information shall be available from the planning division.
(2) All applications shall be signed by the record owner of the real property to be affected. This requirement may be waived upon presentation of evidence substantiating the right of another person to file the application. (b) Fees. The application shall be accompanied by all applicable processing fees as established by resolution of the city council.
(c) Public hearing. Upon receipt of a complete application for a planning application, the planning division shall fix a time and place of the public hearing if one is required pursuant to Table 13-29(c). For planning applications which require review by both the planning commission and city council, pursuant to Table 13-29(c), the final review authority shall hold a public hearing no more than 45 days from the receipt of the planning commission's recommendation.
827
8 TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
Planning Applications Public
Notice
Required
Public
Hearing
Required
Recommending
Authority
Final Review
Authority
Notice of
Decision
Streamlined Development
Review
No No None Planning Division No
Development Review
Minor Modification
No No None Planning Division No
Reasonable Accommodation No No None Planning Division No Lot Line Adjustment No No None Planning Division No
Special Use Permit Yes Yes None Planning Division No
Major Modification
Minor Conditional Use Permit
Planned Signing Program
Yes No None Zoning
Administrator
Yes
Mobile Home Park Conversion
Common Interest Development
Conversion (Residential or
Nonresidential)
Specific Plan Conformity
Review Tentative Parcel Map
Tentative Tract Map
Variance
Yes Yes Planning Division Planning
Commission
Yes
Conditional Use Permit
Density Bonus
Master Plan
Master Plan—Preliminary
Yes Yes Planning Division Planning
Commission
(excepted where
noted otherwise in
this zoning code)
Yes
Rezone Yes Yes Pl anning
Commission
City Council No
Local Register of Historic Places No No Planning
Commission or
other commission/
committee as
designated by the
City Council
City Council Yes
Certificate of Appropriateness No No Planning
Commission or
other commission/
committee as
designated by the
City Council
Planning
Commission or
other commission/
committee as
designated by the
City Council
No
828
9 (d) Public notice. When required pursuant to Table 13-29(c), public notice shall be given as described in the following subsections. Public notices shall contain a general explanation of the proposed planning application and any other information reasonably needed to give adequate notice of the matter to be considered. (1) Mailed notice required. Notices of the hearing shall be mailed to all property owners and occupants within a 500 foot radius of the project site, except for applications for the construction of a building(s) 150 feet or more in height which shall require a greater notice radius pursuant to Table 13-29(d):
TABLE 13-29(d)
MAILED NOTICE REQUIRED
Building Height in Feet Notice Requirement
More than 150 and less than or equal to 225 700-foot radius More than 225 and less than or equal to 300 900-foot radius More than 300 1,100-foot radius
The required notice radius shall
be measured from the external boundaries of the
property described in the application. The notice shall be mailed no less than 10 days prior to the hearing or determination on the application. The planning division shall require mailing labels from the project applicant for this purpose. The mailing labels shall reflect the last known name and address of owner(s) as shown on the last equalized county assessment roll or by a more current listing. (2) On-site posting required. Additional notice shall be provided by posting a notice on each street frontage of the project site, no less than 10 days prior to the date set for the hearing or determination on the application.
(3) Newspaper publication. When a public hearing is required, notice shall also be published once in the city in a newspaper of general circulation, no less than 10 days prior to the date set for the public hearing.
(e) Review criteria. Review criteria for all planning applications shall consist of the following:
(1) Compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. (2) Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation. (3) Compliance with any performance standards as prescribed elsewhere in this Zoning Code.
(4) Consistency with the general plan and any applicable specific plan. 829
10 (5) The planning application is for a project-specific case and is not to be construed to be setting a
precedent for future development.
(6) When more than one planning application is proposed for a single dev elopment, the cumulative effect of
all the planning applications shall be considered.
(7) For residential developments, consistency with any applicab le design guidelines adopted by
city council resolution.
(8) For affordable multi-family housing d evelopments which include a minimum of 16 affordable dwelling units at no less than 20 dwelling units per acre, the maximum density standards of the
general plan shall be applied, and the maximum density
shall be permitted by right and not subject to discretionary review during the master plan application process.
(f) Conditions. The final review authority pursuant to Table 13-29(c), may impose reasonable conditions to assure compliance with the applicable provisions of this Zoning Code, and to assure compatibility with surrounding properties and uses and to protect the public health, safety and general welfare. The final review authority may also require such written guarantees, cash deposits, recorded land use restrictions, etc., as may be necessary to assure compliance with the conditions. (g) Findings. When granting an application for any of the planning applications specified below, the final review authority shall find that the evidence presented in the administrative record substantially meets any required conditions listed below. Other findings may also be required pursuant to other provisions of this Zoning Code. (1) Major modifications and variance findings:
a. Because of special circumstances applicable to the property, the strict application of development standards deprives such property of privileges enjoyed by others in the vicinity under identical zoning classifications. b. The deviation granted shall be subject to such conditions as will assure that the deviation authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated.
c. The granting of the deviation will not allow a use, density, or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.
(2) Conditional use permit and minor conditional use permit findings:
a. The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.
830
11 b. Granting the conditional use permit or minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.
c. Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. (3) Density bonus and concession or incentive findings:
a. The request is consistent with State Government Code section 65915 et. seq. regarding density bonuses and other incentives, the general plan, any applicable specific plan, and Chapter IX special regulations, Article 4 density bonuses and other incentives.
b. The requested density bonus and incentive or concession constitute the minimum amount necessary to provide housing at the target rents or sale prices and/or a child care facility.
c. The granting of the incentive or concession is required in order to provide for affordable housing costs, as defined in Health and Safety Code section 50052.5 or for rents for the targeted units.
d. The granting of the incentive or concession and/or the waiver or reduction of development standards does not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code section 65589.5 upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. e. The granting of the incentive or concession and/or the waiver or reduction of development standards does not have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) Lot line adjustment findings: The lot line adjustment and improvements are consistent with the general plan, any applicable specific plan and this Zoning Code.
(5) Master plan findings:
a. The master plan meets the broader goals of the general plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development.
(6) Minor modification findings:
a. The improvement will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. b. The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity. This includes the site planning, land coverage, landscaping, appearance, scale of structures, open space and any other applicable features relative to a compatible and attractive development.
831
12 (7) Mobile home park conversion findings:
a. The impacts of the conversion on the residents of the mobile home park have been duly considered as required by the State Government Code. b. The proposed conversion project is consistent with the general plan, any applicable specific plan and this Zoning Code.
(8) Planned signing program findings:
a. The proposed signing is consistent with the intent of Chapter VIII, Signs, and the General Plan.
b. The proposed signs are consistent with each other in design and construction taking into account sign style and shape, materials, letter style, colors and illumination.
c. The proposed signs are compatible with the buildings and developments they identify taking into account materials, colors and design motif. d. Approval does not constitute a grant of special privilege or allow substantially greater overall visibility than the standard sign provisions would allow. (9) Reasonable Accommodation findings: Refer to Chapter IX, Article 15. (10) Common interest development conversion findings:
a. The applicant has submitted an adequate and legally binding plan which addresses the displacement of long-term residents, particularly senior citizens and low- and moderate-income families and families with school-age children; and
832
13 b. The proposed common interest development conversion project conforms to adopted general plan policies and any applicable specific plan or urban plan, and if applicable, increases the supply of lower cost housing in the city and/or that the proposed conversion project fulfills other stated public goals. c. The establishment, maintenance, or operation of the project will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the surrounding neighborhood, nor will the project be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city.
d. The overall design and physical condition of the common interest development conversion project achieves a high standard of appearance, quality, and safety.
e. The proposed common interest development conversion project conforms to the Costa Mesa Zoning Code requirements.
f. For a proposed common interest development conversion project that does not conform to the zoning code requirements, the project due to its proportions and scale, design elements, and relationship to the surrounding neighborhood, is of continued value to the community and it contributes to defining and improving the community as a whole. Deviations from zoning code requirements are acceptable because it would be impracticable or physically impossible without compromising the integrity of the overall project to implement features that could result in conformance with current code requirements.
g. For a proposed common interest development conversion project located in an urban plan area, the proposed conversion is consistent with the applicable mixed-use overlay zoning district. Specifically, the proposed non-residential conversion project supports a mixed-use development or a similar land use that is not allowed in the base zoning district, or the proposed conversion project is a residential common interest development that is permitted by either the base or overlay zoning district.
(11) Rezone findings: The proposed rezone is consistent with the Zoning Code and the general plan and any applicable specific plan.
(12) Specific plan conformity review findings: Refer to the applicable specific plan text. (13) Tentative parcel or tract map findings:
a. The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and this Zoning Code. b. The proposed use of the subdivision is compatible with the general plan. 833
14 c. The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and general plan, and consideration of appropriate environmental information.
d. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code section 66473.1.
e. The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract.
f. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13000). (h) Decision.
(1) After the public hearing, if required, the final review authority may approve, conditionally approve or deny any application for the planning application based upon the standards and intent set forth in the applicable provisions of this Zoning Code. In the case of a denial, the applicant shall be notified of the circumstances of the denial.
834
15 (2) For planning applications which require the planning commission to make a recommendation to the final review authority, the authority shall not approve any major change or additions in any proposed planning application until the proposed change or addition has been referred to the planning commission for a report, unless the change or addition was previously considered by the planning commission. It shall not be necessary for the planning commission to hold a public hearing to review the referral. Failure of the planning commission to report to the final review authority within 40 days after the referral shall be deemed approval of the proposed change or addition.
(i) Notice of decision.
(1) Notice of the zoning administrator's decision shall be given within five days of the decision to the city council, planning commission and to any affected party requesting the notice. Any member of the planning commission or city council may request review of a zoning administrator's decision within seven days of the notice of the decision. No fee shall be charged for such review. (2) Notice of the planning commission's decision shall be given within five days to the city council and to any affected party requesting the notice. Any member of the city council may request review of the decision within seven days of the notice of the decision. No fee shall be charged for such review.
(j) Appeals. Appeals of the final review authority shall be filed within seven days of the public hearing or the date of the notice of decision according to the procedures set forth in Title 2, Chapter IX, Appeal, Rehearing and Review Procedure. (k) Time limits and extensions.
(1) Planning applications shall run with the land until revoked, except as provided in this section or in a condition imposed at the time of granting the planning application.
(2)
a. Unless otherwise specified by condition of approval, any permit or approval not exercised within 24 months from the actual date of review authority approval shall expire and become void, unless an extension of time is approved in compliance with paragraph (4) of this subsection;
b. The permit shall not be deemed "exercised" until at least one of the following has first occurred:
1. A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the building official.
2. A certificate of occupancy has been issued.
3. The use is established and a business license has been issued.
4. A time extension has been granted in compliance with paragraph (3) 835
16 of this subsection.
(3) The time limits specified in paragraph (2) of this subsection shall not apply to preliminary master plans, except that the first phase of the final master plan must be approved within 24 months of the approved preliminary master plan. Time limits regarding the construction of improvements authorized by the approved final master plan for each phase of the project shall comply with the time limits established in paragraph (2).
(4) Extension of time.
a. Filing and review of request. No less than 30 days or more than 60 days before the expiration date of the permit, the applicant shall file a written request for an extension of time with the department, together with the filing fee established by resolution of the city council.
b. For extension requests not to exceed 180 days: The director of development services may extend the time for an approved permit or approval to be exercised. Only one request for an extension of 180 days may be approved by the director. Any subsequent extension requests shall be considered by the original approval authority.
c. For extensions requests of more than 180 days: The review authority for the original project shall consider the request to extend the time for an approved permit or approval to be exercised. A public hearing shall only be held if it was required on the original application. If notice was required for the original application, notice of the public hearing shall be given according to the procedures set forth in this chapter.
(5) Fees for extensions of time for planning applications may be established by resolution of the city council.
(6) Action on extension request. A permit or approval may be extended beyond the expiration of the original approval provided the director or the review authority finds that there have been no changes in the conditions or circumstances of the site, such as Zoning Code or General Plan amendment or other local and statewide regulations affecting the approved development standards, or project so that there would have been ground for denial of the original project or any changes to the General Plan and/or Zoning Code that would preclude approval of the same project at the time of the requested extension.
(7) Effect of expiration. After the expiration of the permit or approval, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval, or other city permits or approvals are first obtained. Fees for extensions of time for planning applications may be established by resolution of the city council. (l) Building permits/authority to proceed. No building permit or authority to proceed shall be granted until all required review and approval has been obtained and all 836
17 applicable appeal periods have expired.
(m) Compliance. Final occupancy shall not be granted unless the site development conforms to the approved set of building plans, applicable conditions of approval and code requirements.
(n) Reapplication. Upon final denial of any planning application, a new application for substantially the same planning application may not be filed within six months of the date of the denial. The development services director shall determine whether the new application is for a planning application which is substantially the same as a previously denied application. No decision of the development services director shall be effective until a period of seven days has elapsed following the written notice of a decision; an appeal of the decision shall be filed according to the procedures set forth in Title 2, Chapter IX, Appeal, Rehearing and Review Procedure.
(o) Enforcement authority.
(1) The planning commission may require the modification or revocation of any planning application and/or pursue other legal remedies as may be deemed appropriate by the city attorney, if the planning commission finds that the use as operated or maintained:
a. Constitutes a public nuisance as defined in State Civil Code Sections 3479 and 3480; or
b. Does not comply with the conditions of approval.
(2) The modification or revocation of any permit by the planning commission under this subsection shall comply with the notice and public hearing requirements set forth in subsections (c) and (d). The development services director may require notice for a development review or minor modification, if deemed appropriate. (p) Amendment to a planning application. Any approved planning application may be amended by following the same procedure and fee schedule as required for the initial approval, with the exception of the following two instances:
(1) Minor amendments to conditional use permits shall be processed as minor conditional use permits; and
(2) Amendments to master plans which comply with section 13-28(f)(1) may be authorized by the planning division.
(q) Concurrent processing. Unless otherwise stated in this Zoning Code, applications for proposed projects which require two or more planning application approvals may be processed concurrently. Final project approval shall not be granted until all necessary approvals have been obtained.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 5—7, 3-2-98; Ord. No. 99-17, § 4, 11-15-99; Ord. No. 01-11, § 1a., 3-5-01; Ord. No. 01-16, §§ 1c.—e., 6-18-01; Ord. No. 837
18 03-8, § 3, 9-2-03; Ord. No. 05-2, § 1d., e., 2-22-05; Ord. No. 06-7, § 1a., 4-18-06; Ord.
No. 06-9, § 1c., 4-18-06; Ord. No. 0
7-17, § 1c., d., 10-2-07; Ord. No. 09-13, § 1,
11-17-09; Ord. No. 17-12, § 1, 9-19-17; Ord. No. 18-06, § 1, 9-4-18; Ord. No. 21-20, § 1, 12-7-21)
838
CHAPTER IV
CITYWIDE LAND USE MATRIX
§ 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, pur suant to Chapter III, Planning Applications.
(b) Uses proposed in the planned dev elopment 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 ad ditional 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 subs tantial 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 839
(f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if an y 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. 840
3 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 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, small
7 • P P P • • • • • • • • P P P P P P • • • •
5. Boarding-
house, large
7 • 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 S 6 S6 S6 • • • • • • • • S 6 S6 S6 S6 S6 S6 P • P •
7.1 Sober living
homes, six or fewer
S5 S6 S6 S6 • • • • • • • • S 6 S6 S6 S6 S6 S6 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
• C 6 C6 C6 • • • • • • • • • C 6 C6 C6 C6 C6 P • • •
841
4 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
10. Referral facility
(Subject to the
requirements of
section 13-32.2,
referral facility) .
• C2 C 2 C 2 • • • C 2 • • • • • C2 C 2 • • • • • • •
11. Single room
occupancy residential
hotel (subject to City
Council Policy 500-5)
• • • • • • C
2 C2 • • • • • • • • • • • • • •
Employee housing, six
or fewer
P P P P • • • • • • • • P P P P P P • • P •
Supportive housing P 12 P11, 12
P11, 12
P11, 12
• • • • • P 11, 12 • • P 11, 12
P11, 12
P11, 12
P11, 12
P11, 12
P11, 12
• • P 11, 12
•
Transitional housing P 12
P12 P 12 P 12 • • • • • P 12 • • P 12 P 12 P 12 P 12 P 12 P 12 • • P 12 • Low barrier navigation
center
• • • • • • • • • P 13 • • • • • • P 13 P 13 • • P 13 •
ACCESSORY USES
13. Animals, keeping
of
SEE TITLE 3, ANIMALS AND FOWL
14. Antennas: Amateur
radio, Satellite dish,
Communication
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
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
P2 P2 P2 P2 • • • • • • • • P 2 P2 P2 P2 P2,3 P2,3 P • P 2 • 842
5 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
children) (subject to
the requirements of
section 13-37, large
family day care
homes)
18. Family day care—
Small (up to 8
children)
P P P P • • • • • • • • P P P P P
3 P3 P • P 3 •
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 P 3 P3 • • P 3 •
21. Home occupations
(subject to the
requirements of
chapter IX, article 6,
home o ccupations)
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 • P 2 •
22. Home occupations
that generate traffic
and do no t involve
more tha n 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)
MC
2 MC
2 MC
2 MC
2 MC2,3 MC 2,3 MC 2,3 MC 2,3 MC 2,3 MC 2,3 MC 2,3 MC 2,3 MC 2 MC
2 MC
2 MC
2 MC2,3 MC 2,3 MC2,3 • MC 2,3 •
22.1 Non-residential
accessory uses in a
residential
development not
otherwise specified in
this table
• • • • • • • • • • • • • • • • • • • • • • 21. Home occupations (subject to the
requirements of
chapter IX, article 6,
home o ccupations)
P
2 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 • P 2 • 843
6 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
22. Home occupations
that generate traffic
and do no t involve
more tha n 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)
MC
2 MC
2 MC
2 MC
2 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC2,3 MC
2 MC
2 MC
2 MC
2 MC 2,3 MC2,3 MC2,3 • MC 2,3 •
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)
P
2 P2 P2 P2 • • • • • P 2 • • P 2 P2 P2 P2 P2 P2 • • P 2 •
22.3 Junior accessory
dwelling unit (subject
to the requirements of
ch. V, section 13-35,
accessory dwelling
units)
P
2 P 2 P 2 P 2 • • • • • • • • P 2 P 2 P 2 P 2 P 2 P 2 • • P 2 •
22.4 Temporary real
estate and
construction offices
(subject to the
requirements of ch. IX,
art. 10, temporary
trailers)
P
2 P2 P 2 P 2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P 2 P 2 P 2 P 2 P2 P2 P2 P 2
INSTITUTIONAL AND RECREATIONAL USES
23. Cemeteries • • • • • • • • • • • • • • • • • • C • • • 844
7 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
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)
C
2 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 • •
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
• • • • • • • • • • • C
9 • • • • • C 9 • • •
31c. Cannabis and/or
marijuana
manufacturer or
processo
r
• • • • • • • • • • • C 9 • • • • • C 9 • • •
31d. Cannabis and/or
marijuana retail sales
storefront
• • • • • C
9 C9 C9 C9 C9 • • • • • • • • • • •
845
8 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
31e. Cannabis and/or
marijuana retail sales
nonstorefront
(deliveries)
• • • • • C
9 C 9 C 9 C 9 C 9 • C 9 • • • • • C 9 • • • •
31f. Cannabis and/or
marijuana research
and development
and/or testing
laboratories
• • • • • • • • • • • C
9 • • • • • C 9 • • •
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, courthouses,
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
• • • • • • • • • • • C 10 • • • • • P 10 • • • •
SPECIAL SEASONAL EVENTS
846
9 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
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 • • • • P 2 P2 P 2 P2 • •
COMMERCIAL AND
INDUSTRIAL USES
42. Acupressure;
massage (subject to
the req uirements of
title 9, chapter ii,
article 22, Massage
establishments and
practitioners)
• • • • P2 P 2 P 2 P 2 P 2 P 2 • • • • • • P 2 • • • • •
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)
• • • • • • C
2 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 • • • • •
847
10 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 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 ar e
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 • • • • • • • • • •
848
11 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
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 cont ractors;
operative b uilders
• • • • • 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 m ini-markets)
• • • • • • C 2 C2 C2 C2 • • • • C 2 C2 C2 • • • • •
849
12 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
72. Department stores
(retail)
• • • • • • P P P P • • • • • • P • • • • •
73. Electronic game
machines (four or
more), incidental to the
primary use, (subject
to the requireme nts of
chapter IX, article 5,
electronic game
machines)— Excluding
amusement centers
listed separately
• • • • • MC
2 MC
2 MC
2 MC
2 MC
2 MC
2 MC
2 • MC
2 MC
2 MC
2 MC
2 MC
2 • • • •
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 • • • • •
850
13 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
81. Hazardous waste
facilities, off-site
(subject to chapter IX
article 9, off-site
hazardous waste
facilities)
• • • • • • C2 C2 C2 C2 C2 C2 • • • • C 2 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 (installa tion
and m aintenance)
• • • • • 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)
• • • • • • C
2 C2 C2 C2 • • • • • • C 2 • • • • •
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
• • • • • • • • • • P 2 P 2 • • • • • P2 • • • •
851
14 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
the use of
explosives
Manufacture of rubber
(including tires), steel
91. Manufacturing
of chemical
products, paints,
pharmaceuticals,
and plastics
• • • • • • • • • • C
2 C 2 • • • • • C 2 • • • •
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 produc ts
• Manufacture of
nonclay refractories
and crucible s
• Processing and
preparation of clay,
ceramic and
refractory minerals
• • • • • • • • • •
P2
P2
• • • • • P2
• • • •
93. Manufacturing or
processing of foods
and bevera ges
EXCEPT the
following which are
prohibited:
• Meat and
poultry packing
• • • • • • • • • • P2
P2
• • • • • P2
• • • •
852
15 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
plants
• Grain mills
• Sugar refining
• Fats and oils
processing
mills
• Seafood canneries
and packaging
(See also Breweries;
Distilleries; Coffee
roasting)
94. Massage— See
also Acupressure
(subject to the
requirements of title
9, chapter II, article
22, massage
establishments and
practitioners)
• • • • P
2 P2 P2 P2 P2 P2 • • • • • • P 2 • • • • •
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)
• • • • • • • • • • P
2 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
• • • • • • C C C C • • • • • • C • • • • •
853
16 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
theaters within 200
feet of residential
zones
101. Motor oil,
used—Collection
facility (subject to the
requirements of
chapter IX, article 9,
off-site hazardous
waste facilities)
• • • • • • P 2 P2 P2 • P 2 P2 • • • • P 2 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 re ntals 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)
• • • • • • C
2 C2 C2 • • • • • • • C 2 • • • • •
106. Motor vehicle;
boat; and motorcycle
repair services
(including body and
• • • • • • P P P • P P • • • • P P • • • •
854
17 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
paint work), not within
200 feet of residential
zone (subject to
subsection 13-54(b))
107. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), within 200
feet of residential
zone (subject to
subsection 1 3-54(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 • • • • P P P P P P MC MC • MC MC MC P P • • • • 113. Offices: medical
and dental
• • • • P P P P P P • • • MC MC MC P MC MC • • •
114. Offices: services
to businesses su ch
as bookkeeping and
data p rocessing
• • • • 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,
• • • • MC MC MC MC MC MC MC MC • • • MC MC MC MC MC • MC 855
18 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
incidental uses within
117. Oil fields; oil
wells (see chapter
XIV, oil dr illing)
• • • • • • • • • • • • • • • • • • • • • •
118. Pawn shops • • • • • C C C C • • • • • • • • • • • • • 119. Photocopying;
blueprinting and
related se rvices
• • • • • 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
856
19 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
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 P 2 P2 • P P P P P 2 • • • •
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)
• • • • • P 2 P2 P2 P2 • • • • • • • P 2 • • • • •
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)
• • • • • • • • C
2 • • P 2 • • • • C 2 • • • • •
135b. Smoking/
vaping retailer
(subject to chapter
IX, article 19,
smoking and vaping
• • • • • P
2 P2 P2 P2 P 2 • • • P 2 P2 P2 P2 P 2 • • • •
857
20 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
uses)
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 y ard)
• • • • • • 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 gr avel
• • • • • • • • • • C C • • • • • • • • • •
142. Studios: dance;
martial arts; music,
etc.
• • • • • • P P P MC MC MC • MC MC MC P MC • • • •
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 • • • •
858
21 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 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, sewa ge
treatment
• • • • • • • • • • C C • • • • • C C • • •
149. Trucking: local
and long distanc e
• • • • • • • C • • P P • • • • • C • • • •
150. Warehouses,
mini (subject to the
requirements of
chapter IX, article 7,
mini- warehous es)
• • • • • • C2 C2 C2 • MC
2 MC
2 • • • • • MC
2 • • • •
151. Warehouses,
public
• • • • • • C C C • P P • • • • • P • • • •
152. Warehousing of
durable and
nondurable goo ds
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 • • • •
859
22 TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
LAND USES R1 R2-MD R2-HD R3 AP CL C1 C2 C1-S1 TC
1 MG MP
PDR
-
LD
1 PDR
-
MD
1 PDR
-
HD
1 PDR-
NCM
1 PDC
1 PDI
1 I&R
1 I&R-
S1
I&RM
LT
1 P
155. Wholesale trade
of durable,
nondurable goods,
except livestock,
poultry and
perishable g oods
• • • • • 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 Us e 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 permitted 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. 11 Supportive housing, as defined in Government Code Section 65650, shall be permitted by-right in all zones where multifamily and mixed uses are permitted by-right, provided it is consistent with Government Code Sections 65650 – 65656.
12 Pursuant to Government Code Section 65583(c)(3), transitional and supportive Housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zoning district. 13 Low barrier navigation centers shall be permitted by-right provided they are consistent with the requirements in Government Code Sections 65660-65668. (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, 12-7 860
1 Article 11. Mixed-Use Overlay District (MUOD)
13-83.50. Purpose
13-83.51. Definitions
13-83.52. Mixed-use development types
13-83.53. Application review proc edures in mixed-use overlay district
13-83.54. Mixed-use d evelopment standards
13-83.55. Mixed-use comp atibility standards
13-83.56. Phase mixed-use developments
13-83.57. Harbor Mixed-Use Overlay
13-83.58. Properties identified in Housing Element
(a) Purpose.
(1) The purpose of this Section is to implement the City’s currently adopted Housing Element by establishing zoning provisions for sites identified in the Housing Element Sites Inventory to accommodate the City’s lower-, moderate-, and above-moderate-income Regional Housing Needs Allocation (RHNA) consistent with Government Code sections 65583 and 65583.2, Subsections (c), (h) and (i). (b) Applicability.
(1) The provisions of this Section shall apply to all sites identified in the City’s currently adopted Housing Element Sites Inventory to accommodate the City’s RHNA, shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA or any future adopted Housing Element Sites Inventory to accommodate the City’s RHNA.
(2) Previously Identified Sites. The provisions of this Section shall also apply to any non-vacant Housing Element Site that was identified in a prior Housing Element and any vacant Housing Element Site that was identified in two or more consecutive prior Housing Elements, consistent with Government Code Section 65583.2 Subsection (c). Such sites shall be subject to the minimum density and by-right approval standards established in this Section. Such sites are identified in the City’s currently adopted Housing Element Sites Inventory, shown as Table 861
2 B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA or any future adopted Housing Element Sites Inventory to accommodate the City’s RHNA. (3) Exception. The provisions of this Section shall not apply to residential projects or mixed-use projects having residential units located within the boundaries of the Fairview Developmental Center Specific Plan.
(c) Severability and State Law Consistency.
(1) This Section is intended to be consistent with, and shall be interpreted and applied to comply with, all applicable requirements of State housing law, including Government Code Sections 65915(c)(3), 65583 and 65583.2 as those provisions may be amended from time to time, and any successor statutes. If any provision of this Section conflicts with State law, the applicable State law shall control.
(2) If any provision of this Section, or its application to any person or circumstance, is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.
The City Council declares that it would have adopted this Section and each provision, section, sentence, clause, and phrase thereof, irrespective of the fact that any one or more provisions may be declared invalid or unenforceable. (d) Definitions
(1) “Housing Element Site” means any site identified in the currently adopted Housing Element Sites Inventory to accommodate the City’s (RHNA), shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021- 2029 RHNA.
(2) “Lower-Income Household” has the same meaning as defined in Health and Safety Code Section 50079.5.
(3) “Lower-Income Housing Element Site” means any Housing Element Site identified in the currently adopted Housing Element that accommodates any portion of the City’s lower-income RHNA and subject to the requirements of Government Code Section 65583.2 (h) and (i), shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA. (4) “Use by Right” has the same meaning as in Government Code Section 65583.2 Subsection (i) and requires ministerial approval for multifamily housing developments in which at least 20 percent of the total number of units are affordable to lower-income households. “Use by Right” means that the review of an owner-occupied or renter-occupied multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. 862
3 (5) “Prior Housing Element Site” means any non-vacant Housing Element Site that was identified in the prior Housing Element and any vacant Housing Element Site that was identified in two or more consecutive prior Housing Elements. Such sites are identified in the City’s currently adopted Housing Element Sites Inventory, shown as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA.
(6) “Protected Unit” means any unit that, within the past five years, was occupied by a lower-income household regardless of whether the unit was deed-restricted or that was subject to an affordability covenant or rent control. (e) Supersession of Overlay
(1) For Lower-Income Housing Element Sites:
i. Supersession of Other Zoning Provisions. Projects on Lower-Income Housing Element Sites shall be governed by this Section, and the provisions in this Section shall supersede and prevail over any conflicting provisions of the underlying base zone, including, but not limited to, minimum residential floor area, minimum residential capacities and densities, unit caps, trip budgets (if applicable), ministerial review and approval requirements, and permitted uses, and all other applicable zoning provisions, such as other urban plans, overlays, and specific plans, and the provisions of this Article that apply to non-Lower-Income Housing Element sites. Notwithstanding the foregoing, to the extent an applicable Specific Plan allows for more permissive standards or greater heights, projects on Lower-Income Housing Element Sites may utilize such standards or heights.
ii. Ministerial Review and Approval. Projects on Lower-Income Housing Element Sites shall be a Use by Right pursuant to Subsection (f)(1). iii. Minimum Residential Floor Area. Projects on Lower-Income Housing Element Sites shall satisfy the minimum residential floor area requirements established in Subsection (g)(3).
iv. Minimum Residential Site Capacity and Density. Projects on Lower- Income Housing Element Sites shall satisfy the minimum residential capacity and density requirements established in Subsection (h)(1)(ii) and (h)(1)(iii).
(f) Review and Approvals Procedures
(1) Use by Right. A project on a Lower-Income Housing Element Site that provides at least 20 percent of the total dwelling units affordable to Lower-Income Households shall be processed as a Use by Right, consistent with Government Code Section 65583.2(h) and (i). Such projects shall be subject only to ministerial review to verify compliance with all applicable objective design and 863
4 development standards in accordance with a Streamlined Development Review process per CMMC Title 13, Chapter III (Planning Applications). A project that does not qualify as a Use by Right shall be processed in accordance with a Development Review process per CMMC Title 13, Chapter III (Planning Applications).
(2) Subdivision. Any subdivision of a Lower Income Housing Element Site shall comply with all applicable provisions of CMMC Title 13, Chapter XI (Subdivisions) and the Subdivision Map Act.
(g) Permitted Uses
(1) Multi-Family Dwellings. Multi-family dwellings shall be permitted on all Housing Element Sites subject to the requirements of this Section. (2) Non-Residential Uses. Those non-residential uses permitted in Commercial Zones in accordance with CMMC Title 13, Chapter IV (Citywide Land Use Matrix) shall be permitted as part of mixed-use projects on all Housing Element Sites. (3) Mixed-Use on Lower-Income Housing Element Sites. Mixed-use projects shall be permitted on Lower-Income Housing Element Sites so long as at least 50 percent of total floor area is provided as residential uses, consistent with Government Code Section 65583.2, Subsection (h)(1)(B).
(4) Multi-Family Dwellings on Lower-Income Housing Element Sites. Multi- family dwellings consisting of 100 percent residential uses shall be permitted on Lower-Income Housing Element Sites, consistent with Government Code Section 65583.2, Subsection (h)(1)(B).
(h) Development Standards
(1) Density Standards
i. Maximum Densities. Maximum residential densities shall be permitted as specified in the Housing Element Sites Inventory.
ii. Minimum Site Capacity for Lower-Income Housing Element Sites. If the identified maximum density of a Lower-Income Housing Element Site does not allow at least 16 dwelling units on site, then the maximum density identified shall be waived, and the maximum number of dwelling units permitted shall be 16 dwelling units on site consistent with Government Code Section 65583.2 Subsection (h).
iii. Minimum Densities for Lower-Income Housing Element Sites. A project proposed on a Lower Income Housing Element Site shall meet a minimum density requirement of 20 units per acre, inclusive of Accessory Dwelling Units, consistent with Government Code Section 65583.2, Subsection (h).
864
5 (2) Off-Street Parking Standards
i. Residential Uses. Minimum off-street parking requirements for multi- family dwellings on Housing Element sites are provided in Table 13-
83.58-A. Minimum Off-Street Parking Requirements.
ii. Non-Residential Uses. Minimum off-street parking requirements for those permitted non-residential uses on Housing Element sites shall be subject to CMMC Title 13, Chapter VI (Off-Street Parking Standards).
Table 13-83.58-A. Off-Street Parking Standards for Residential Uses TABLE 13-83.58-A. OFF-STREET PARKING STANDARDS
Dwelling Unit Type
Minimum Off-Street
Parking Requirement
Minimum Off-Street
Guest Parking
Requirement
Studio or 1-bedroom unit 1 spac e per unit 0.25 space per unit 2 or more bedrooms per unit 2 s paces per unit 0.25 space per unit
(3) Development Standards
i. Minimum and maximum requirements for building height, non-residential intensity, setbacks, lot coverage, and open space are provided in Table 13-83.58-B. Development Standards.
Table 13-83.58-B. Development Standards.
TABLE 13-83.58.B. DEVELOPMENT STANDARDS
RESIDENTIAL DENSITY AND BUILDING HEIGHT
STANDARDS
ADDITIONAL
PROVISIONS
Min. Residential
Density1
Max. Residential
Density
2 Max. Building
Height
20 du/ac
40 du/ac
60 ft.
50 du/ac
60 du/ac 72 ft.
90 du/ac 108 ft. Or an applicable Specific
Plan, whichever is higher
NON-RESIDENTIAL INTENSITY STANDARDS ADDITIONAL
PROVISIONS
Min. FAR None
Max. FAR 1.0
865
6 Table 13-83.58-B. Development Standards.
TABLE 13-83.58.B. DEVELOPMENT STANDARDS
RESIDENTIAL DENSITY AND BUILDING HEIGHT
STANDARDS
ADDITIONAL
PROVISIONS
SETBACK STANDARDS 3 ADDITIONAL
PROVISIONS
Front or side abutting a public
street
Min. 10 ft. and max. 20 ft.
Side or rear abutting alley 0 ft.
Side or rear abutting:
Residential zone 20 ft.
Industrial use
Side or rear abutting bluff crest 10 ft. Section 13-34 (Bluff-Top Development) of Chapter V of
Title 13 of the Costa Mesa
Municipal Code
LOT STANDARDS ADDITIONAL
PROVISIONS
Min. lot size None
Max. lot coverage 90%
OPEN SPACE STANDARDS ADDITIONAL
PROVISIONS
Usable common
residential open
space
Total area equivalent to min. 30% of lot Or as provided in an applicable Specific Plan
Usable private
open space
Min. 100 sq. ft./unit provided on the ground
floor for dwelling units located on the
ground floor, and min. 50 sq. ft./unit
provided for dwelling units located above
the ground floor
Or as provided in an
applicable Specific Plan
Publicly
accessible open
space
Total area equivalent to min. 5% of
commercial gross floor area for
developments with a commercial gross floor
area greater than 100,000 sq. ft.
1 Based on the currently adopted Housing Element Sites Inventory 2 Only applicable to Lower-Income Housing Element Sites and inclusive of Accessory Dwelling Units. 3 Minimum setbacks shall apply to all portions of a building or structure. Maximum setbacks along public streets shall only apply to a building or structure’s ground floor, with exceptions for driv eways, walkways, and open space.
(4) Objective Design Standards forthcoming.
i. The City intends to prepare and adopt design standards to further guide the physical form and character of development on the rezoned sites.
Until such standards are adopted, projects shall be subject only to the 866
7 objective development standards contained in this Section. Upon adoption, the objective design standards shall apply to all projects subject to this Section and shall serve as the sole design criteria for ministerial review, consistent with Government Code Sections 65583.2 and 65589.5. (i) Replacement of Protected Units
(1) Demolition or Conversion of Protected Units. Any project that involves the demolition or conversion of Protected Units, or that is located on a site where Protected Units were demolished or converted within the previous five years, shall comply with all applicable replacement housing, tenant protection, and right- of-return requirements under State Density Bonus Law, including Government Code Section 65915, Subsection (c)(3), and any successor statutes. 867
1 Article 1
Residential Dis
tricts
§ 13-84. Purpose.
The purpose of this article is to establish parking requirements for the residential zones.
The provisions of this article shall apply to the R1, R2-MD, R2-HD and R3 zones, and to the residential portions of the planned development and Institutional and Recreational zones. Exception: These parking standards do not apply to high-rise residential developments in the North Costa Mesa Specific Plan; see the specific plan for applicable parking rates.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 07-2, § 1k., 2-6-07) § 13-85. Parking required.
In the residential districts, the following minimum off-street parking spaces shall be provided.
The parking spaces shall provide safe and adequate ingress and egress and shall be maintained in connection with the building or structure and use of land. (a) R1 zone and small-lot single-family common interest developments (excluding townhouses). Off-street parking in the form of a garage and open parking shall be provided as follows:
TABLE 13-85(A)
OFF-STREET PARKING STANDARDS FOR SINGLE-FAMILY DETACHED RESIDENCES IN R1
ZONE AND SMALL-LOT, DETACHED, RESIDENTIAL COMMON INTEREST DEVELOPMENTS Single-Family Detached Residence with 4 Bedrooms or Fewer Garage Parking Spaces Open Parking Spaces1 Total Parking Spaces 2 Lots without garage access from alley: 2 4
Lots with garage access from alley: 1 3
Single-Family Detached Residence with 5 Bedrooms or More2 New Construction
Garage Parking Spaces2 Open Parking Spaces1,2 Total Parking Spaces 3 Lots without garage access from alley: 2 5
Lots with garage access from alley: 1 4
Detached Common Interest Developments Up to 2 bedrooms
2 1 3
Detached Common Interest Developments with 3 bedrooms or more 2 2 4
1 In R1 zones, required open parking may be provided in a garage or on a minimum 19-foot long, individual driveway leading to a garage. In common interest developments, required open parking may be provided on an 868
2 individual unit's driveway or within the common area. Open parking provided as tandem spaces is subj
ect to approval of a minor conditional use permit.
2 For single-family detached residences with five bedrooms or more, tandem parking of up to two standard vehicles is permitted in the garage as it relates to new construction. Tandem garage parking for single-family detached residences shall exclusively consist of two standard parking spaces. (1) Required garage dimensions. Each garage space shall have interior dimensions that are a minimum 10 feet wide by 20 feet long, unobstructed inside measurements.
Each residence shall have no more than 700 square feet of garage area unless authorized by a minor conditional use permit.
(2) With approval of a minor modification, the planning division may allow the retention of an existing driveway access from a street to satisfy open parking requirements, at such time that garage access is proposed from an abutting alley. (b) R2-MD, R2-HD, R3, PDR-LD, PDR-MD , PDR-HD, PDR-NCM and residential components of developments in the PDC and PDI zones. At the time of the construction of any building and/or when a structure is enlarged or increased by adding a bedroom(s), required parking shall be provided per Table 13-85. Exceptions:
(1) For lots that are zoned multiple-family residential and contain only one single-family detached residence, the parking requirements in Table 13-85(a) shall be applied. (2) For individual lots in common-interest developments that contain only one single- family detached residence (excluding townhouses), the parking requirements in Table 13-85(a) shall be applied.
(c) Reduction of required parking prohibited. A property owner or property manager shall make available to tenants and guests the parking required by this subsection. No property owner or property manager shall lease, rent, sell, or otherwise make unavailable to residents and guests required parking. Furthermore, the rental of a dwelling unit shall be deemed to include the exclusive use of at least one covered parking space and equa l access to the required open spaces reserved for residents. (d) Parking for accessory dwelling units and junior accessory dwelling units shall be provided per the requirements of section 13-35.
869
3 TABLE 13-85 RESIDENTIAL PARKING STANDARDS
Unit Size
Minimum Off-Street
Parking
Requirement
1, 2, 3, 4,
Minimum Off-Street
Guest parking
Requirement
5,6
STUDIO OR 1
BEDROOM
1 0.25
2 BEDROOMS
OR MORE
2 0.25
1 If covered p
arking for apartments is provided in a parking structure an d there is more than one parking space in any parking structure, then there shall be no solid walls constructed to separate individual parking spaces. 2 If open tenant parking spaces are provided in a project, spaces shall be distributed throughout the project at convenient locations and shall be screened from view from any public right-of-way.
3 For projects with individual driveways that are at least 19 feet long an d lead to a garage space(s) or a carport space(s), the driveway area may be used for satisfying tenant parking requirements.
4 Parking can be reduced by 0.25 space per unit for two bedroom and larger units if parking is provided within either a carport or a parking structure. For purposes of this section, a parking structure shall be defined as: a structure designed and constructed to provide covered automobile parking where parking spaces are located in a common area with no walls or other physical separations between spaces. Open parking requirements may be met by excess covered parking.
5 Guest parking shall be clearly marked and permanently maintained for individuals visiting within the development. Guest parking spaces shall not be allowed on individual driveways except for single family detached, townhomes, or duplexes, where the driveway is leading to a two-car garage.
6 Fractions equal to or above one-quarter (0.25) shall be rounded up. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, §§ 1s.—1u., 6-18-01; Ord. No. 02-4, § 1i, 3-18-02; Ord. No. 03-8, §§ 5—7, 9-2-03; Ord. No. 09-3, § 1c., 5-19-09; Ord. No. 11-10, § 1, 9-20-11; Ord.
No. 18-03, § 6, 1-16-18; Ord. No. 21-03, § 5, 3-2-21; Ord. No. 21-20, § 1, 12-7-21) § 13-86. Parking required in mixed-use overlay z one.
In the mixed-use overlay zone, residential parking rates are provided in the applicable urban plan.
(Ord. No. 06-9, § 1f., 4-18-06)
870
4 § 13-87. General development standards.
General development standards for parking area
s applicable to the residential zones are
contained in Article 3, Development Standards, of this chapter. (Ord. No. 97-11, § 2, 5-5-97)
871
1 Article 8
Motels
§ 13-172
. Purpose and intent.
The purpose of this article is to establish operational and development standards, and requirements for motels which will ensure the continued availability of transient visitor and automobile tourist lodging within the city and to ensure the continued use of motels in the manner intended to provide such lodging.
(Ord. No. 14-11, § 1, 8-5-14)
§ 13-173. Definitions.
Long-term occupancy shall mean any occupancy in a motel in the city for a period exceeding 30 consecutive days or 30 days within any sixty-consecutive-day period.
Short-term occupancy shall mean any occupancy of a motel in the city for a period that does not fall within the definition of a long-term occupancy. (Ord. No. 14-11, § 1, 8-5-14)
§ 13-174. Operational and development standards.
The following operational and development standards shall apply to all motels in the city and shall be included in conditions imposed upon the granting of any conditional use permit for such business, unless specifically modified by the conditional use permit:
(a) No property owner, motel operator or manager shall rent a room for a period that exceeds 30 consecutive days or 30 days within any sixty (6) consecutive day period, unless the property owner or motel operator has obtained a conditional use permit authorizing long-term occupancies pursuant to section 13-175.3. (b) On-site management shall be available 24 hours a day. (c) Each guest room shall be provided regularly-scheduled maid and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy. (d) In-room telephone service for emergency response purposes shall be provided in all guest rooms of the motel.
(e) Persons responsible for the renting of a room in any motel shall provide their name and permanent address, as verified by presentation of a valid driver's license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on-site or off-site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest. (f) No room, suite or bed shall be assigned or rented more than once within any 24 hour period.
(g) The property owner/motel operator shall comply with the provisions of Chapter IV of Title 16 of the Costa Mesa Municipal Code pertaining to the operator's responsibility for the collection of transient occupancy tax. 872
2 (h) The business shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement. (Ord. No. 14-11, § 1, 8-5-14)
§ 13-175. Application to existing businesses.
The requirements of this chapter, specifically including the long-term occupancy restrictions in section 13-174(a), shall apply to all motels in the city, whether it is new or was in existence prior to the effective date of this ordinance. (Ord. No. 14-11, § 1, 8-5-14)
§ 13-175.1. Application to existing tenants.
(a) Nothing in this chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law.
(b) Whenever a long-term occupancy terminates , for whatever reason, the property owner/motel operator shall not re-lease that unit for a new long-term occupancy, except to the degree the motel will be in compliance with the requirements of this chapter.
(Ord. No. 14-11, § 1, 8-5-14)
§ 13-175.2. Procedure for compliance.
(a) Within 30 days of the effective date of this ordinance, the city shall notify the owners and operators of each motel in the city of the ordinance's adoption. The city shall send a copy of the ordinance, a "longterm occupancy form," and a schedule for compliance via certified return receipt mail. If a notice is returned, the city shall send the notice via standard U.S. mail.
(b) Within 30 days of the mailing of the notice in section 13-175.2(a), the property owner/motel operator shall submit a fully completed "long-term occupancy form" to the city that provides the total number of rooms used as long-term occupancies during the preceding 60 days; identify the long-term occupant by a valid driver's license or other valid identification; the make, year, and model of any vehicle parked on-site or off-site; and any other information to demonstrate compliance with the ordinance. If a property owner/motel operator fails to submit the l ong-term occupancy form, in addition to taking any other action authorized by law, the city shall estimate the total number of rooms used as long-term occupancies at zero. (Ord. No. 14-11, § 1, 8-5-14)
§ 13-175.3. Conditional use permit for long-term occupancies.
A property owner/motel operator may apply for a conditional use permit authorizing the facility to exceed the long-term occupancy limits in section 13-174(a), subject to restrictions of the issuing authority. In order to be granted a conditional use permit under this section, the property owner/motel operator must demonstrate compliance with, and the city shall make a finding that, each of the following standards have been met:
873
3 (a) The motel must have a minimum of at least 75 rooms. (b) Fireproof safety deposit boxes must be available to all occupants of the motel. (c) Each guest room shall be provided regularly-scheduled maid, mail and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy.
(d) Each room shall be a minimum of 375 square feet.
(e) The motel shall maintain on-site laundry services, available for use by guests. (f) The proposed use is compatible with the surrounding neighborhood, uses, zoning and general plan.
(g) Each guest room shall have a fully equipped kitchen with an area for the preparation of food, and include the following: sink, cook top, oven and/or microwave oven, and refrigerator.
(Ord. No. 14-11, § 1, 8-5-14)
§ 13-175.4. Termination of tenancy.
(a) The provisions of this article shall not be used to terminate a tenancy in violation of the requirements of California Civil Code section 1940 et seq. (b) When the conversion of motel to another use is proposed, the applicant shall comply with all applicable State and Federal laws related to the displacement and relocation of long-term occupants.
(Ord. No. 14-11, § 1, 8-5-14)
874
Title 13, Chapter IX, Article 15
Reasonable Accommodations
§ 13-200.60 Purpose.
It is the city's policy to provide reasonable accommodation in accordance with federal and state fair housing laws (42 USC § 3600 et seq., and Government Code § 12900 et seq.) for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the terms "disability" and "handicapped" as defined in the federal and state fair housing laws. The purpose of this article is to establish the procedure by which a person may request reasonable accommodation, and how the request is to be processed.
§ 13-200.61 Applicability.
Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing.
§ 13-200.62 Reasonable Accommodations – Procedure.
(a) Application required. An application for a reasonable accommodation shall be filed and processed with the Planning Division. The application shall include the following information and be subject to the determinant factors required by this section. (b) Submittal requirements. The application shall be made in writing, and shall include the following information:
(1) The zoning code provision, regulation, policy, or condition from which accommodation is being requested;
(2) The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; (3) Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation;
(4) Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability;
(5) The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;
(6) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;
875
(7) Any other information that is reasonably necessary to determine whether the grounds for reasonable accommodation identified in subsection (e) of this section and the findings in subsection (f) of this section can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. (c) Fees. No application fee is required.
(d) Director action. Within 60 days of receipt of a completed application, the director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this ch apter.
Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit.
(e) Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a requested accommodation:
(1) Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling? To determine whether the accommodation is necessary, the director may consider, among other things: The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit.
(2) Is the requested accommodation reasonable? A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the City. It is also not reasonable if it would fundamentally alter a City program, such as the City's zoning scheme.
a. In considering the financial or administrative burden on the City, the director may consider, among other things, the extent to which the City would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it.
b. In considering the potential alteration to a City program, such as the City's zoning scheme, the director may consider, among other things, the degree of deviation from the City's General Plan, if any, the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity.
(f) Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the director may approve alternative reasona ble accommodations which provide an equivalent level of benefit to the applicant. (1) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 876
(2) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. (3) The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. The determination of whether an accommodation poses an undue financial and administrative burden or whether a modification poses an undue financial and administrative burden must be made on a case -by-case basis and must consider various factors including:
a. The cost of the requested accommodation or the cost of a requested modification if the City is being requested to pay for the modification; b. The financial resources of the person or persons who have a duty to provide the accommodation or the financial resources of the City if it is obligated to pay for the modification;
c. The benefits that a proposed alternative accommodation or modification would provide to the individual with a disability;
d. The availability of alternative accommodations or modifications that would effectively meet the disability-related needs of the individual with a disability; (4) The requested accommodation demonstrates scale and intensity of use comparable to adjacent and nearby uses.
(5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. The assessment of whether the specific accommodati on in question poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others must be based on objective evidence, and not unsubstantiated inferences. The evidence must be sufficiently recent as to be credible.
The assessment must consider:
a. The nature, duration, and severity of the risk of a direct threat to the health and safety of others or of substantial physical damage to the property of others; b. The likelihood that a direct threat to the health or safety of others or substantial physical damage to the property of others will actually occur; and c. Whether there are any additional or alternative reasonable accommodations that will eliminate the direct threat to the health or safety of others or substantial physical damage to the property of others.
(6) If economic viability is raised by the applicant as part of the applicant's showing that the requested accommodation is necessary, then a finding that the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants generally, not just for that particular applicant. 877
(7) The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program.
(g) The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:
(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan. (4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(5) Any other factors that would cause a fundamental alteration in the city's zoning program, as may be defined in the Fair Housing Law.
§ 13-200.63 Severability.
Should any section, subsection, clause, or provision of this article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this artic le; it being hereby expressly declared that this article, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This article shall be prospective in application from its effective date. 878
1 Article 18
Emergency She
lters
§ 13-200.79. Purpose and intent.
The purpose of this article is to establish operational and development standards for emergency shelters to ensure that these uses are operated to address the homeless’ needs and consistent with the requirements of sections 65582, 65583, and 65589.5 of the Government Code relating to local planning.
Development standards. The following development and operational standards shall apply to establishment of emergency shelters as defined by the Zoning Code; provided, however, that operational standards (1), (2), (4), (8), (10) and (13) shall not apply to emergency shelters owned, controlled and/or operated by the City of Costa Mesa. (1) The maximum length of stay shall not exceed 120 days in a 365-day period. (2) Each emergency shelter may have a maximum of 30 beds. (3) Off-site parking shall be provided at a parking rate of one parking space per employee during the largest shift, provided that the amount of parking required does not exceed the amount of parking required for any other residential or non-residential uses within the same zone.
(4) Stays at an emergency shelter facility shall be limited to the hours of 5:00 p.m. and 8:00 a.m. the following day. Each emergency shelter shall provide an interior and exterior waiting area adequate to accommodate waiting clients and to prevent queuing into the public right-of- way. An exterior waiting area shall be physically separated and visually screened from the public right-of-way.
(5) The emergency shelter facility shall provide an on-site resident manager on site at all times.
(6) A minimum distance of 300 feet shall be maintained from another emergency shelter.
The distance of separation shall be measured in a straight line between the property lines of each use without regard to intervening structures or objects. (7) The shelter operator shall provide minimum exterior lighting in compliance with the city's security requirements.
(8) The shelter operator shall patrol a half-mile radius surrounding the shelter site during hours that the shelter is in operation to ensure that shelter clients a nd homeless individuals who have been denied access are not congregating in the neighborhood. (9) An operations plan shall be submitted for review and approval by the development services director and police chief prior to operation of the emergency shelter. The plan shall include minimum provisions related to on-site security and safety, staff training, loitering control, client eligibility, counseling services, and indoor and outd oor management of the facility.
(10) No emergency shelter in the MP Industrial Park zone that is also located in an area subject to the jurisdiction of the airport land use commission shall commence operation until the commission either approves the action or permit pursuant to the procedures set forth in Public Utilities Code section 21676(b) or, if denied, the city overrules the commission's decision.
(Ord. No. 13-1, § 2C., 3-19-13; Ord. No. 19-15, § 2, 9-17-19) 879
1 Article 3
Transportation System Management
§ 13-271 Purpose.
The purpose of this article is to set forth the provisions for assuring an adequate transportation system in conjunction with new development.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-272 Definitions.
For the purpose of this article, the following definitions shall apply:
Development project. This article applies to the following development project approvals:
general plan amendments, specific plans, master plans, rezones, development reviews, variances, use permits, major modifications, minor modifications and development agreements, unless otherwise exempted by section 13-276, Exemptions.
Intersection. The general area where two or more roadways join or cross.
Measurable traffic. A volume of traffic which will result in a 0.01 or greater increase in the peak period volume to capacity ratio at any given signalized intersection.
Potentially deficient intersection. An intersection identified in the general plan for which the standard level of service may not be feasible upon general plan buildout. The intersection volume to capacity ratios identified in the general plan shall not be exceeded for these intersections.
Pro rata. A proportionate share based on a development project's impacts.
Standard level of service. The standard level of service shall be level of service "D" or better (0.90 or less volume to capacity ratio) for all signalized arterial intersections within the city during peak hours Monday through Friday with the exception of those intersections identified as potentially deficient in the general plan. Levels of service shall be defined and computed using the Intersection Capacity Utilization (ICU) methodology.
Transportation demand management program. A series of required and/or voluntary actions which reduce the vehicle trip generation rate of a specific use or uses of land. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-273 Comprehensive transportation system improvement program. (a) Purpose. The comprehensive transportation system improvement program shall be adopted by resolution of the city council which addresses the cumulative impacts of development in a defined impact area. This program shall mandate circulation improvements, including freeway improvements, to ensure that the master plan of highways is constructed and that the standard level of service is achieved and will be maintained at all intersections in the defined impact area in accordance with the general plan. For those intersections identified as potentially deficient, the program shall identify the maximum improvements feasible in accordance with the general plan. The program shall address the funding, construction and maintenance of transportation facilities to implement the master plan of highways. The program shall be updated on an annual basis.
880
2 (b) Relationship to development fee program. The comprehensive transportation system improvement program shall be utilized to determine the pro rata share of the cost of necessary improvements attributable to development projects as described in section 13-274, Development fee program.
(c) Development phasing and performance monitoring report. Each year the city shall prepare a development phasing and performance monitoring report which shall be used to update the comprehensive transportation system improvement program. (d)
Interim approval procedure. Until such time a
s this program is adopted, development
projects not exempted pursuant to section 13-276, Exemptions, may be approved if the city adopts findings that the development projects are consistent with the provisions of this article. (Ord. No. 97-11, § 2, 5-5-97)
§
13-274 Development fee program.
(a) Establishm
ent of development impact fee program. A development impact fee program shall be established by resolution of the city council based on the comprehensive transportation system improvement program. The program shall set forth the basis for the fee as required by State Government Code section 66001. The program shall establish guidelines for payment, accounting, and refund of the fees collected as required by State Government Code Sections 66001, 66006 and 66007.
(b)
Updates of fee. On an annual basis, the
city council shall review this fee program, as
required by State Government Code section 66002, to determine whether the fee amounts are reasonably related to the impacts of development projects and whether the described public facilities are still needed.
(c) Limited use of fees. The revenues raised by payment through this fee program shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
(1)
Pay for the city's future construct
ion of facilities or to reimburse the city for those facilities, described or listed in the program, constructed by the city with funds advanced by the city from other sources; or
(2)
Reimburse developers who have
been required or permitted to install such listed facilities to the extent the actual cost of the facilities installed by the developer exceeds the impact fee obligation of the development project.
(d)
Developer constructi
on of public facilities. Whenever the conditions of approval of a development project require direct construction of a public transportation facility (see section 13- 275(c), Development project review procedures) described or listed in the comprehensive transportation system improvement program, a credit or reimbursement, as applicable, shall be given against the development impact fee, which would have been charged to the development project under the program, for actual construction costs incurred by the developer. The reimbursement and/or credit amount shall not include any improvements the city can require from the development project under the Subdivision Map Act, or the portion of the improvement deemed to be an on-site improvement that is not included in the comprehensive transportation system improvement program.
(e)
Fee adjus
tments. A developer of any development project subject to the fee program provided in this article may apply to the city council for:
881
3 (1) A waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the circulation impacts of that development project and either the amount of the fee charged or the type of facilities to be financed; or
(2) A reduction of the fee based upon the implementation of a transportation demand management program, as described in section 13-275(d), Development project review procedures.
(3) The application for a fee waiver shall be made in writing and filed with the city clerk not later than:
a.
10 days pr
ior to the public hearing on the development permit application for the project; or b. If no development permit is required, at the time of the filing of the request for a building permit.
(4) The application shall state in detail the factual basis for the claim of waiver. The city council shall consider the application at the public hearing on the permit application held within 60 days after the filing of the application. The decision of the city council shall be final. If a waiver is granted, any change in use or increase in building intensity within the development project shall invalidate the waiver of the fee, and the developer shall be obligated to pay the full amount of the fee attributed to the development project, including the change in use or increase in intensity, as provided by this article.
(f) Fee refunds. A refund shall be made when a building permit expires and no extensions have been granted for a development project for which the funds have been collected and the development project has not been constructed.
(g) Fees for phased development projects. Where there is a requirement imposed upon a phased development project pursuant to this article for the payment of traffic impact fees into a comprehensive transportation system improvement program, such fees may be payable on a pro rata basis as each phase of the project is completed, in conjunction with the improvements accomplished.
(Ord. No. 97-11, § 2, 5-5-97)
§
13-275 Development project review procedures.
(a) T
raffic study required. A traffic impact study shall be required for all development projects estimated by the public services director to generate 100 or more vehicle trip ends during a peak hour. Traffic studies may also be required for smaller projects at the discretion of the public services director. The cost of the study shall be paid for by the developer. The study area and number of intersections to be analyzed shall be determined by the public services director and the study area shall be reasonably related to the estimated impacts attributed to the development project. The traffic study shall also identify mitigation measures that are reasonably related to the development project's traffic impacts. (b)
Mitigation measures. Mitigation measures for development projects shall consist of either
payment of a development impact fee and/or construction of circulation improvements. The necessary circulation improvements may be designed and constructed by the developer as determined by the city. These mitigation measures shall be incorporated as conditions of the development project's approval. Table 13-275 indicates the criteria for either requiring payment of a development impact fee and/or construction of circulation improvements. 882
4 (c) Approval criteria. A development project may be approved if as a condition of approval it is required to construct a circulation improvement and/or pay a development impact fee, as shown in Table 13-275, and if a finding is made that the development project's impacts will be mitigated at all affected intersections within three years of issuance of the first building permit for the development project, as described in subsection (b), unless additional right-of-way or coordination with other government agencies is required to complete the improvement. If right- of-way acquisition or coordination with other governmental agencies delays the improvement construction, appropriate measures shall be taken to ensure that the improvement construction occurs in a timely manner. Circulation improvements may be required sooner if, because of extraordinary traffic generation characteristics of the development project or extraordinary impacts to the surrounding circulation system, the circulation improvements are necessary to prevent significant adverse impacts. For phased development projects, the construction of circulation improvements may be phased as well based upon the findings of the traffic study.
When a development project affects a potentially deficient intersection, the development project's impacts shall be mitigated such that the intersection volume to capacity ratios identified in the general plan shall not be exceeded.
(d) Transportation demand management program. Where a transportation demand management program is used to reduce vehicle trips related to a development project, the program shall comply with the following:
(1) A conditional use permit for the development project and program must be approved by the planning commission consistent with the requirements of subsection (c). An annual report shall be prepared for the city at the expense of the property owner, to show whether the vehicle trip reduction identified in the program has been achieved and maintained. (2) If the annual report demonstrates that the vehicle trip reductions identified in the program have not occurred, the conditional use permit shall be reevaluated and additional conditions imposed by the planning commission in order to meet the requirements of this article. (3) The traffic impact development fees required under this article shall be based on the trip generation forecast without consideration of estimated reductions associated with a transportation demand management program. An application for a fee reimbursement may be approved by the city council pursuant to section 13-274(e), Development fee program, based upon documentation of average annual trip reduction over a three-year period as reported in the annual monitoring report referenced in section 13-273(c), Comprehensive transportation system improvement program.
(e)
Change of use. Each development project ap
proved under this article shall be reevaluated
by the public services director when any change in use occurs which may increase the project's traffic generation. The purpose of this reevaluation is to assure that traffic capacity is available in the transportation system. Any increase in traffic generation by the change of use shall be subject to review by the appropriate reviewing authority who may impose additional conditions on the development project for the mitigation of the increased traffic generation. 883 5 TABLE 13-275
DEVELOPMENT IMPACT CRITERIA
PROJECT
DEVELOPMENT
SIZE
INTERSECTION
CONDITION
ICU INCREASE1 MITIGATION
MEASURE(S)
INTENT OF MITIGATION
MEASURE(S)
Projects
generating less
than 100 peak
hour trip ends
Adequate
(Standard Level of
Service or better)
OR Deficient
(exceeds
Standard Level of
Service)
Less than 1% Payment of
impact fee
Contribute to
implementation of the
Comprehensive
Transportation System
Improvement Program
1% or greater
Projects
generating 100 or
more peak hour
trip ends
Adequate
(Standard Level of
Service or better)
OR Deficient
(exceeds
Standard Level of
Service)
Less than 1% Payment of
impact fee
Contribute to
implementation of the
Comprehensive
Transportation System
Improvement Pro
gram
1% or greater Payment of
impact fee and
improvement
construction by
developer under
conditions listed
in footnote #2
Contribute to
implementation of the
Comprehensive
Transportation System
Improvement Program
and mitigate development
pro
ject's impacts
1 ICU = Intersection Capacity Utilization
2 When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in the general plan at the subject location are required as mitigation. If all of the improvements identified in the general plan are not required as mitigation, then only the improvements determined necessary by the public services director shall be constructed by the developer.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-276 Exemptions.
(a)
Exempt development projects. Pr
ojects which fall within any of the categories listed below shall be exempt from the provisions of this article:
(1) Any residential construction that does not increase the number of permanent housing units on the lot where the construction takes place, such as remodeling or rebuilding an existing house or units. Second units are also exempt.
(2) Any industrial or commercial construction that neither increases the footprint nor square footage or changes the use on the lot where the construction takes place, such as remodeling or rebuilding an existing structure, and does not increase peak hour trip generation. (3) Public benefit facilities limited to public libraries, public administration facilities, public parks, public utilities, schools and related facilities.
(4) Facilities serving the health and safety of the public, limited to hospitals, police, fire and safety facilities.
(Ord. No. 11-10, § 1, 9-20-11)
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Title 13, Chapter XV,
Group Homes
§ 13-310Purpose.
This chapter is intended to preserve the residential character of single -family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Costa Mesa Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the handicapped that is reasonable and actually bears some resemblance to the opportunities afforded non -handicapped individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the handicapped and for recovering addicts to be successful in their programs.
§ 13-311 Special use permit required.
(a) A group home that may otherwise be considered an unpermitted use may locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following:
i. The name, address, phone number and driver's license number of the owner/operator;
ii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
a. Every general partner of the partnership,
b. Every owner with a controlling interest in the corporation, c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
iv. The name, address, phone number and driver's license number of the house manager;
v. A copy of the group home rules and regulations;
vi. Written intake procedures;
885
vii. The relapse policy;
viii. An affirmation by the owner/operator that only residents (other than the house manager) who are handicapped as defined by state and federal law shall reside at the group home;
ix. Blank copies of all forms that all residents and potential residents are required to complete; and
x. A fee for the cost of processing of the application as set by resolution of the city council.
No person shall open a group home with an operator or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.
(2) The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has a n accessory dwelling unit, occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.
(3) The group home shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24 hour basis and who are responsible for the day-to-day operation of the group home. (5) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles.
(6) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. (7) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. (8) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes, municipal code and zoning.
(10) At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; 886
ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. Notify the city's Network for Homeless Solutions that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection (a)(10) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon;
v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs i through iv of this subsection (a)(10) as soon as possible.
(11) Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(12) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (a)(10) and (a)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(11) of this section by providing remuneration to the occupant for the cost of transportation. (13) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. (14) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. The sober living home is not located within 650 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility.
ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or 887
Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003.
v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations :
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(15) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 13- 200.62.
(b) The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections (a)(1) through (a)(14) of this section. At least 10 days prior to issuing a special use permit, the director shall cause a courtesy written notice to be mailed to the owner of record and occupants of all properties within 100 feet of the location of the group home. The issuance of the special use permit shall be denied upon a determination, and if alre ady issued shall be revoked upon a hearing, by the director if any of the following circumstances exist:
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(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last 10 years);
ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven years); or iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last 10 years).
iv. The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not handicapped as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the director that any of the following additional circumstances exist:
i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non - prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
iii. The sober living home, as measured by the closest property lines, is located within 650 feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (a)(10) through (13).
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(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to section 13-200.62.
§ 13-312 Compliance.
(a) All group homes which are subject to this Chapter shall comply with the provisions hereof regardless of when they commenced operations.
§ 13-313 Severability.
Should any section, subsection, clause, or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This chapter shall be prospective in application from its effective date. 890
Title 13, Chapter XVI,
Group Homes in the R2-MD, R2-HD and R3 Residential Zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (Planned Development Zones) § 13-320 Purpose.
This chapter is intended to preserve the residential character the City of Costa Mesa's residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things:
(a) Ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Costa Mesa Municipal Code and not simply skirting the city's boarding house regulations;
(b) Limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate off-street parking;
(c) Providing an accommodation for the handicapped that is reasonable and actually bears some resemblance to the opportunities afforded non -handicapped individuals to use and enjoy a dwelling unit in a residential neighborhood; and
(d) To provide comfortable living environments that will enhance the opportunity for the handicapped, including recovering addicts to be successful in their programs. § 13-321 Definitions.
Property. For purposes of this chapter, "property" is defined as any single development lot that has been subdivided bearing its own assessor's parcel number or with an approved subdivision map or condominium map.
§ 13-322 Group homes in the R2 -MD, R2-HD and R3 residential zones and the PDR -LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones with six or fewer occupants.
(a) A special use permit shall be required for and may be granted to permit the operation of a group home including a sober living home with six or fewer occupants in the R2 -MD, R2-HD and R3 residential zones and the PDR -LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones subject to the following requirements:
(1) The application for and operation of the group home complies with subsections (a)(1), (a)(2) and (a)(4) through (a)(14) of section 13-311.
(2) The application includes a live scan of the house manager and/or operator of the group home.
(3) The group home or sober living home is at least 650 feet from any other property, as defined in section 13-321, that contains a group home, sober living home or state - licensed drug and alcohol treatment facility, as measured from the property line. 891
(b) The development services director may issue, revoke or deny a special use permit for a group home including a sober living home subject to this chapter pursuant to the procedures and requirements of section 13-311.
(c) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 13-200.62. § 13-323 Conditional use permit required for group homes, residential care facilities and drug and alcohol treatment facilities in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) with seven or more occupants.
A conditional use permit shall be required for and may be granted to allow the operation of a group home, state-licensed residential care facility or state-licensed drug and alcohol treatment facility with seven or more occupants in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones subject to the following conditions:
(a) The requirements of Chapter III, Planning Applications, of this title have been met. (b) The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least 650 feet from any property, as defined in section 13-321, that contains a group home, sober living home or state -licensed drug and alcohol treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses.
(c) The applicant obtains an operator's permit as required by Article 23, Chapter 2 of Title 9, except that this requirement shall not apply to any state-licensed residential care facility, state licensed drug and alcohol treatment facility, or group home without an operator. (d) The findings for granting a conditional use permit in accordance with subsection 13-29(g) are met.
§ 13-324 Compliance.
(a) All group homes which are subject to this Chapter shall comply with the provisions hereof regardless of when they commenced operations.
§ 13-325 Severability.
Should any section, subsection, clause, or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; it being hereby expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This chapter shall be prospective in application from its effective date. 892
EXHIBIT B
893
ATTACHMENT 3
Ordinance No. 2026-xx Page 1 of 10
ORDINANCE NO. 2026-xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA AMENDING ARTICLE 23 OF TITLE 9 (LICENSES AND BUSINESS
REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE FOR CONSISTENCY WITH AMENDMENTS TO CHAPTER XVI OF TITLE 13 (PL ANNING ZONING AND
DEVELOPMENT)
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, California Government Code Section 65580 et sec. (State Housing Element Law) requires each city and county to adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, programs, quantified objectives, and sites to further the development, improvement, and preservation of housing;
WHEREAS, the City’s Sixth Cycle (2021-2029) Housing Element was adopted by the Costa Mesa City Council on February 1, 2022, through Resolution No. 2022- 06 and amendments adopted on November 15, 2022 through Resolution No. 2022- 67, and as revised as recently as March 1, 2023 to incorporate non- substantive changes as authorized by the City Council;
WHEREAS, on November 29, 2023, the State of California Department of Housing and Community Development issued a letter to the City of Costa Mesa regarding Housing Element program implementation and describing the need for amendments to Costa Mesa Municipal Code Title 9 pertaining to Group Homes; WHEREAS, the proposed amendment would remove the requirement for group home residents and house managers to only park one vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit as well as removing the requirement for the vehicle to be operable and currently used as the primary form of transportation for a resident in the group home;
WHEREAS, the proposed amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that this amendment will have a significant effect on the environment; 894
Ordinance No. 2026-xx Page 2 of 10
WHEREAS, on March 17, 2026, the City Council held a duly noticed public hearing to consider the amendment to Title 9, with all persons having the opportunity to speak for and against the proposal at the public hearing.
Now, there fore, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 9, Chapter II, Article 23, Group Homes, Section 9-374, Sub-section (b)(2) of the Costa Mesa Municipal Code is hereby amended in its’ entirety to read as follows:
“All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles.”
Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, 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 no t affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, 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 4. E
ffective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 5. C ertification. The City Clerk shall c ertify 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. 2026-xx Page 3 of 10
PASSED AND ADOPTED this 17th day of March, 2026.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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. 2026-xx was duly introduced for first reading at a regular meeting of the City Council held on the ____day of _________ 2026, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the ___ day of _________, 2026, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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Ordinance No. 2026-xx Page 4 of 10
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this _____ day of March, 2026.
__________________________
Brenda Green, City Clerk
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Ordinance No. 2026-xx Page 5 of 10
EXHIBIT A
Title 9, Chapter II, Article 23,
Group Homes
§ 9-370 Definitions.
The definitions set forth in Title 13 of this Code shall apply to the provisions of this article unless otherwise provided for herein.
§ 9-371 Zoning requirements.
In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Chapter XVI of Title 13 of this Code.
§ 9-372 Operator's permit required.
It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the R2- MD, R2-HD, R3, PDR- LD, PDR-MD and/or PDR-HD zone, without a valid permit issued for that group home pursuant to the provisions of this article.
§ 9-373 Exceptions.
The requirements of this article shall not apply to:
(a) A group home that has six or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Chapters XV and XVI of Title 13 of this Code;
(b) A state licensed alcoholism or drug abuse recovery or treatment facility; or
(c) A state licensed residential care facility.
§ 9-374 Requirements for issuance of operator's permit.
(a) The owner/operator shall submit an application to the director that provides the following information:
(1) The name, address, phone number and driver's license number of the owner/operator;
(2) If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
i. Every general partner of the partnership;
ii. Every owner with a controlling interest in the corporation; and
iii. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder. 898
Ordinance No. 2026-xx Page 6 of 10
(3) The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
(4) The name, address, phone number and driver's license number of the house manager;
(5) A copy of the group home rules and regulations;
(6) Written intake procedures;
(7) The relapse policy;
(8) An affirmation by the owner/operator that only residents (other than the house manager) who are handicapped as defined by state and federal law shall reside at t he group home;
(9) Blank copies of all forms that all residents and potential residents are required to complete; and
(10) A fee for the cost of p rocessing of the application as set by resolution of the city council.
(b) Requirements for operation of group homes.
(1) The group home has a house manager who resides at the gr oup home or any multiple of persons acting as a house manager who are present at the group home on a 24 hour basis and who are responsible for the day-to-day operation of the group home.
(2) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles.
(3) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations.
(4) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.
(5) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.
(6) At least 48 hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;
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Ordinance No. 2026-xx Page 7 of 10
ii. Contact the Orange County Health Care Agency OC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. Notify the city's Network for Homeless Solutions that an occupant is no longer a resident at the home, determine the services available therefrom; and
iv. Provide the information obtained from paragraphs ii and iii o f this subsection (b)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant's signed acknowledgement thereon;
v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the city as part of the special use permit for that facility, the operator shall comply with paragraphs i though iv of this subsection (b)(6) as soon as possible.
(7) Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. Make available to the occupant transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the group home;
ii. Provided, however, that should the occupant decline transportation to his or he r permanent address or otherwise has no permanent address, then the operato r shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(8) The group home operator shall m aintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (a)(6) and (a)(7) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or feder al law rega rding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(7) by providing remuneration to the occupant for the cost of transportation.
(9) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
(10) The property must be fully in c ompliance with all building codes, municipal code and zoning.
(11) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. All occu pants, other than the house manager, must be actively participat ing in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records 900
Ordinance No. 2026-xx Page 8 of 10
of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.
ii. The sober living home's rules and regulations must prohibit the use of any alcohol or any nonprescription drugs at the s ober living home or by any recovering addict either on or off si te. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside t he dwelling unit.
Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be readmitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place t o remove th e violator from contact with the other residents until the violation is resolved.
iii. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003.
iv. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.
v. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behav ior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
vi. The sober living home shall not provide any of the following services as they are defined by s ection 10501(a)(6) of Title 9, California Code of Regulations:
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(c) An applicant may seek relief from the strict application of this sectio n by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Article 15 of Chapter IX of Title 13 of this Code.
(d) The operator's permit shall be issued by the director if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections (a) and (b) above.
(e) In addition to denying an application for failing to comply, or failing to agree to comply, with subsections (a) and/or (b) of this section, an operator's permit shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following circumstances:
901
Ordinance No. 2026-xx Page 9 of 10
(1) Any owner/operator or staff per son has provided materially false or misleading information on the application or omitted any pertinent information.
(2) Any owner/operator or staff person has an employment histor y in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last 10 years);
ii. Arson offenses—Violations of Penal Code Sections 451—455 (las t seven years ); or
iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last 10 years).
iv. The unlawful sale or furnishing of any controlled substances (last seven years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.
(5) The owner/operator accepts residents, other than a house manager, who are not disabled or handicapped as defined by the FHAA and FEHA.
(6) An operator's permit for a sober living home shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances:
i. The owner/operator of a sober living home fai ls to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non - prescription drugs, or who is not actively participating in a legitimat e recovery program from contact with all other sober residents.
ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.
§ 9-375 Transfer of operator's permit.
(a) An operator's permit shall not be valid for a location other than the p roperty for which it is issued, unless and until the transfer of the permit is approved by the director pursuant to the requirements of section 9-374.
(b) An operator's permit may not be transferred to any other person or entity. No operator's permit issu ed pursuant to this arti cle shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein.
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Ordinance No. 2026-xx Page 10 of 10
§ 9-376 Revocation of operator's permit.
An operator's permit may be revoked upon a hearing by the director pursuant to section 9- 120 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 9-374.
§ 9-377 Reapplication after denial or revocation.
(a) An applicant for an operator's permit whose application for such an operator's permit has been denied may not reapply for such an operator's permit for a period of six months from the date such notice of denial was issued.
(b) A holder of an operator's permit that has been cancelled, revoked or otherwise invalidated may not reapply for an operator's or a user's permit for a period of six months from the date that such revocation, cancellation or invalidation became final.
§ 9-378 Compliance.
A gr oup home that is subject to the pro visions of this article that is in existence as of the effective date of this ordinance shall have 120 days to comply with the provisions of this article.
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ATTACHMENT 4
Resolution No. 2026- xx Page 1 of 4
RESOLUTION NO. 2026-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, TO ADOPT AMENDMENTS TO THE NORTH COSTA MESA SPECIFIC
PLAN FOR CONSISTENCY WITH AMENDMENTS TO COSTA MESA MUNICIPAL CODE TITLE 13, CHAPTER V DEVELOPMENT STANDARDS, MIXED -USE
OVERLAY DISTRICT, TO REZONE HOUSING ELEMENT OPPORTUNITY SITES
WITHIN THE NORTH COSTA MESA SPECIFIC PLAN AREA
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa adopted the 20 15-2035 General Plan, a long- range comprehensive guide for the orderly development of Costa Mesa, on June 21, 2016;
WHEREAS, the City Council of the City of Costa Mesa adopted the North Costa Mesa Specific Plan by Resolution No. 94-67 in July 1994; WHEREAS, the North Costa Mesa Specific Plan provides additional planning guidelines and standards for several large development areas l ocated in North Costa Mesa;
WHEREAS, by its very nature, the North Costa Mesa Specific Plan needs to be updated and refined to account for existing and projected community needs; WHEREAS, California Government Code Section 65580 et sec. (State Housing Element Law) requires each city and county to adopt a housing element that identifies and analyzes existing and pr ojected housing needs within their jurisdiction and prepare goals, policies, programs, quantified objectives, and sites to further the development, improvement, and preservation of housing;
WHEREAS, the City’s Sixth Cycle (2021-2029) Housing Element was adopted by the City Council on February 1, 2022, through Resolution No. 2022- 06 and amendments adopted on November 15, 2022 through Resolution No. 2022- 67, and as revised as recently as March 1, 2023 to incorporate non- substantive changes as authorized by the City Council;
WHEREAS, this Resolution would establish the applicable standards in Section 13-
83.58 “Properties Identified in the Housing Element” of the Costa Mesa Municipal Code 904
Resolution No. 2026- xx Page 2 of 4
as the prevailing planning, zoning, and development standards for any Low er-Income Housing Element Site within the North Costa Mesa Specific Plan; WHEREAS, North Costa Mesa Specific Plan amendment would allow the Mixed- Use Overlay D istrict to supersede the base zoning and Specific Plan allowances on Lower-Income Housing Element Opportunity Sites pursuant to concurrently proposed new Costa Mesa Municipal Code Section 13-83-58(e);
WHEREAS, the rezoning of Housing Element Opportunity Sites is exempt from Title 13, Chapter IX Special Land Use Article 22, An Ordinance to give the People of Costa Mesa Control of Their Future (Measure Y) pursuant to Costa Mesa Municipal Code Section 13-200.106(g);
WHEREAS, adoption of a specific plan amendment is considered a legislative action subject to the discretionary approval of the City Council; WHEREAS, a Study session was held by the Planning Commission on January 26, 2026 with all persons having the opportunity to speak for and against the amendments;
WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 9, 2026 with all persons having the opportunity to speak for and against the amendments;
WHEREAS, on February 9, 2026, the Planning Commission recommended the City Council approve amendments to the North Costa M esa Specific Plan for consistency w ith p roposed amendments to Title 13 to rezone Housing Element Opportunity Sites, with direction for staff to conduct additional review with specific Housing Element Opportunity Site property owners for consistency, on a 6-1 vote; WHEREAS, staff completed the additional consistency review of the North Costa Mesa Specific Plan with specific property owners as directed; WHEREAS, on March 17 , 2026, the City Council held a duly noticed public hearing to consider the Planning Commission’ s recommen dation, with all persons having the opportunity to speak for and against the proposal at the public hearing; WHEREAS, on November 15, 2022, the Costa Mesa City Council adopted Resolution No. 2022-67, certifying and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites 905
Resolution No. 2026- xx Page 3 of 4
for the Sixth Cycle (2021- 2029) Housing El ement, which provided environmental clearance for the adoption of the Housing Element;
WHEREAS, the proposed amendments implement a schedule of ac tions contained in the approved Housing Element pursuant to Government Code Section 65583 and do not allow the construction of a distribution center, or oil and gas infrastructure, accordingly, the proposed amendments are statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.085 (an exemption also known as SB 131);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:
BE IT RESOLVED that the foregoing recitations are true and correct and are incorporated by reference into this action.
BE IT FURTHER RESOLVED that based on the evidenc e in the record and the findings contained in Exhibit A , the City Council hereby approves the proposed amendments to the North Costa M esa Specific Plan for consistency with amendments to Title 13 of the Costa Mesa Municipal Code to rezone Housing Element O pportunity Sites.
BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report and compliance with all applicable federal , State, and local laws.
BE IT FURTHER RES OLVED that if any section, division, sentence, clause, phrase or portion of this resoluti on, 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 juri sdiction, such decision shall not affect the validity of the remaining provisions.
PASSED AND ADOPTED this 17th
day of March, 2026.
906
Resolution No. 2026- xx Page 4 of 4
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Co sta Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 202 6-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 17
th day of March, 2026, 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 h and and affixed the seal of the City of Costa Mesa this 18
th day of March, 2026.
___________________________
Brenda Green, City Clerk
907
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ATTACHMENT 6
Resolution No. 2026-xx Page 1 of 4
RESOLUTION NO. 2026-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ESTABLISHING AND ADOPTING FEES FOR DEVELOPMENT
REVIEW OF HOUSING PROJECTS
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, on March 17, 2026, the City Council gave first reading to the Ordinance
to amend Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to rezone Sixth Cycle (2021-2029) Housing Element sites and implement specific Housing Element programs (Ordinance No. 2026-__) at a duly noticed public hearing, with all persons having the opportunity to speak for and against the proposal, and staff presented the Housing Development Review Fee Resolution for consideration along with the first reading of the ordinance; and
WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Costa Mesa is authorized to adopt and implement rates, fees, and charges for municipal services; provided, however, that such rates, fees, and/or charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, Government Code Section 66016 requires notice to be given and data made available at specified times prior to the adoption of certain increases in rates, fees, and charges, or the adoption of new rates, fees, and charges for use permits and inspections; and
WHEREAS, the City has complied with the noticing requirements of Government Code Section 66016; and
WHEREAS, although the C ity is not required to comply with the noticing requirements of Government Code Section 66018, the C ity has nevertheless published all notices consistent with the requirements of that section, including having published notice in accordance with Government Code Section 6062a and having made the data available concerning rates, fees, and charges prior to conducting a public hearing on the fees; and
988
Resolution No. 2026-xx Page 2 of 4
WHEREAS, the City Council has held a public hearing on March 17, 2026, and received oral and written presentations with respect to the proposed fees before adopting this Resolution; and
WHEREAS, th e City Council desires to establish the Housing Development Review Fees as a means of establishing cost recovery for the newly created development review of certain housing projects, as described in Exhibit “A” attached hereto; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:
Section 1. Findings . The City Council hereby finds that based upon the data, information, analysis, oral and written documentation presented to the City Council concerning the fees described in Exhibit "A" attached hereto and by this reference incorporated herein, do not exceed the established reasonable cost of providing the service for which the fees are levied and that the fees solely recover an objectively reasonable approximation of the city’s actual and reasonable costs.
Section 2. Approval. The fees set forth in Exhibit “A” are hereby adopted and approved.
Section 3. Effective Date. The fees set forth in Exhibit "A" shall be effective on the later to occur of (a) 60 days after Council adoption of this Resolution; or (b) the effective date of the Ordinance to amend Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to rezone Sixth Cycle (2021-2029) Housing Element sites and implement specific Housing Element programs or any other ordinance which authorizes the fees set forth in this resolution.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED this 17th day of March, 2026.
_____________________________
John Stephens, Mayor
989
Resolution No. 2026-xx Page 3 of 4
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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. 2026-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 _____, 2026, 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 _____, 2026.
___________________________
Brenda Green, City Clerk
990
Resolution No. 2026-xx Page 4 of 4
EXHIBIT A
Housing Development Review Fee Schedule
Activity Description Fee Charge Basis
1. Fee to be paid for the development review
of housing projects proposing 5-29 units
$8,400
2. Fee to be paid for the development review
of housing projects proposing 30-49 units
$21,000
3. Fee to be paid for the development review
of housing projects proposing 50 or more
units
$30,000 Time and Materials with
Minimum Deposit
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
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1023
1024
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1034
1035
1036
1037
1038
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1046
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1049
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1125
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1128
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Ä1
Ä73
Ä55
§¨405
WardSt
W 18th St
W BaySt
Placentia Av
e
SSus
an S
t
E 19th St
Anton Blvd
Cliff Dr
SakiokaDr
Yorktown Ave
Mes
aVerdeDrive East
Hospital Rd
Bison Ave
Bayside Dr
MesaVe
rdeDrive West
Slater Ave
BayviewPl
Mesa Dr
Ol
dNewport B
lvd
22nd St
Park Ave
38thSt
College Ave
W Wilson St
Westcliff Dr
SusanSt
DoveSt
Santa Ana Ave
W 17th St
E 15th St
Anaheim Ave
Santiago
DrE 16th St
Via Lido
Quail St
W Segerstrom Ave WDyer Rd
Ford Rd
S Flower St
So uthwe
stBirch
St
Eastbluff
Dr
Gisler Ave
Dover
Dr
E Bay St
WesterlyPl
Big Canyon
Dr
River Ave
NewhopeSt
Monte Vista Ave
S Rait
tSt
LosJardines
Via Lido Nord
Clay St
Via Lido Soud
Adams Ave
Hamilton Ave
S Fairview St
Baker St
E 17th St
Ellis Ave
W 19th St
Victoria St
Fair Dr
Campus Dr
Garfield Ave
Birch St
BearSt
Del MarAve
SuperiorAve
Sunflower Ave
W Sunflower Ave
E Dyer Rd
Fairview Rd
Euclid St
IrvineAve
W Balboa Blvd
E Balboa Blvd
MainSt
E Coast Hwy
Jam
boree R
d
Pacific Coast Hwy
MacArthur Blvd
Brookhur
stSt
W Warner Ave
Harbor Blvd
Southeast Bristol St
N Bristol St
Bristol St
Talbert Ave
Warner Ave
SMainSt
f
S Coast Dr
Red Hi
llAve
New
portBlvd
W Coast Hwy
Costa Mesa City Boundary
Parcel Boundaries
Housing Element Opportunity Sites
Measure K Sites
0 0 .50.25
Miles
[
Date: 2/18/2026 User: cstarbird Path: \\dudek.int\data\GISData\Projects\j1729203\MAPDOC\Working\CostaMesaHousingElement_Working.aprx Map: ParcelMap_NoOverlays_TempChanges Layout: Fig_ParcelMap_NoOverlays_TempChanges SOURCE: City of Costa Mesa, Orange County Sanitation District, Open Street Map Neighborhoods Where W
e All Belong Zoning Updates and Housing Element Implementation Housing Element and Measure K Sites Map
ATTACHMENT 8
1170
RESOLUTION NO. PC-2026-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA,
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPT AN ORDINANCE TO AMEND TO TITLE 13 0F THE CITY'S MUNICIPAL
CODE (PLANNING, ZONING, AND DEVELOPMENT) TO REZONE HOUSING
ELEMENT OPPORTUNITY SITES AND IMPLEMENT SPECIFIC HOUSING ELEMENT PROGRAMS (PCTY-2025-0008)
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA FINDS AND DECLARES AS FOLLOWS:
WHEREAS, California Government Code Section 65580 et sec. (State Housing Element Law) requires each city and county to adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, programs, quantified objectives, and sites to further the development, improvement, and preservation of housing;
WHEREAS, the City's Sixth Cycle (2021-2029) Housing Element was adopted by the Costa Mesa City Council on February 1, 2022, through Resolution No. 2022-06 and amendments adopted on November 15, 2022 through Resolution No. 2022-67, and as revised as recently as March 1, 2023 to incorporate non-substantive changes as authorized by the City Council;
WHEREAS, the rezoning of Housing Element Opportunity Sites is necessary to establish the densities prescribed in the adopted Housing Element; WHEREAS, the rezoning of Housing Element Opportunity Sites is exempt from Title 13, Chapter IX Special Land Use Article 22, An Ordinance to give the People of Costa Mesa Control of Their Future (Measure Y) pursuant to Costa Mesa Municipal Code Section 'l 3-200.1 06(g);
WHEREAS, this Ordinance would add Section 13-83.58 "Properties Identified in the Housing Element" to Title 13, Chapter V Development Standards, Article 11, Mixed-Use Overlay Districts, specific to rezoning Housing Element Opportunity Sites with a minimum density of 20 units per acre and at least 50 percent residential use, with maximum densities prescribed in the Housing Element;
ATTACHMENT 9
1171
WHEREAS, the development standards and application processing in Section 13-
83.58 "Properties Identified in the Housing Element" were designed to encourage and facilitate housing at densities over 20 units per acre with objective development standards; WHEREAS, this Ordinance would amend the following Chapters in Title 13 of the Costa Mesa Municipal Code to implement Housing Element programs and comply with State law:
a. Chapter 1, Article 2, Definitions
b. Chapter 1, Article 3. Review Authorities
c. Chapter Ill, Planning Applications
d. Chapter IV, Citywide Land Use Matrix
e. Chapter V Development Standards, Article 13 Mixed-Use Overlay District f. Chapter Vl, Article 1, Residential Districts
g. Chapter IX, Article 8, Motels
h. Chapter IX, Article 15, Reasonable Accommodations i. Chapter IX, Article 18, Emergency Shelters
j. Chapter Xll, Article 3, Transportation System Management k. Chapter XV, Group Homes
I. Chapter XVI, Group Homes in the R2-MD, R2-HD and R3 Residential Zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (Planned Development Zones)
WHEREAS, a Study session was held by the Planning Commission on January 26, 2026 with all persons having the opportunity to speak for and against the amendments; WHEREAS, a duly noticed public hearing was he!d by the Planning Commission on February 9, 2026 with all persons having the opportunity to speak for and against the amendments;
WHEREAS, on November 15, 2022, the Costa Mesa City Council adopted Resolution No. 2022-67, certifying and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites for the Sixth Cycle (2021-2029) Housing Element, which provided environmenta[ clearance for the adoption of the Housing Element;
1172
WHEREAS, the proposed amendments implement a schedule of actions contained in the approved Housing Element pursuant to Government Code Section 65583 and do not allow the construction of a distribution center, or oil and gas infrastructure, accordingly, the proposed amendments are statutorily exempt from CEQA pursuant to Public Resources Code Section 21 080.085(a) (an exemption also known as SB 131 ); WHEREAS, the CEQA statutory exemption For this proposal reflects the independent judgement of the City of Costa Mesa.
NOW, THEREFORE, based on the evidence in the record the Planning Commission, in its independent judgement, hereby RECOMMENDS APPROVAL of the Zoning Code amendments incorporated herein as Attachment I Exhibits A through M:
* Exhibit A: Chapter 1, Article 2, Definitions;
* Exhibit B: Chapter 1, Article 3, Review Authorities; * Exhibit C: Chapter Ill, Planning Applications;
* Exhibit D: Chapter IV, Citywide Land Use Matrix; * Exhibit E: Chapter V, Development Standards, Article 11 Mixed-Use Overlay District, Properties Identified in Housing Element; * Exhibit F: Chapter Vl, Article 1, Residential Districts; @ Exhibit G: Chapter IX, Article 8, Motels;
* Exhibit H: Chapter IX, Article 15, Reasonable Accommodations; * Exhibit l: Chapter IX, Article 18, Emergency Shelters; * Exhibit J: Chapter Xll, Article 3, Transportation System Management; * Exhibit K: Chapter X\/, Group Homes;
* Exhibit L: Chapter XVI, Group Homes in the R2-MD, R2-HD and R3 Residential Zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (Planned Development Zones); and
* Exhibit M: Zoning Districts Map.
BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report, and in compliance with all applicable federal, state, and local laws.
1173
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 9th day of February, 2026.
Costa Mesa Planning Commission
1174
ST ATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
1, Carr"ie Tai, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC-2026-03 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on February 9, 2026 by the following votes:
AYES: Harlan, Andrade, Dickson, Klepack, Martinez, Rojas NOES: Zich
ABSENT: None
ABSTAIN: None
Carrie J-acretary
Costa Mesa Planning Commission
Resolution No. PC-2026-03
1175
Attachment 1
Exhibit A
Article 2
Definitions
§ 13-5. Purpose.
The intent of this article is to define certain words and phrases which are used in this Zoning Code. Additional definitions may also be given in conjunction with the special regulations contained in Chapter IX, Special Land Use Regulations, and Chapter Xll, Special Fee Assessments.
(Ord. No. 97-11, § 2, 5-5-97)
§ 1 3-6. 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 or 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.
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 1 1176
intended for the purpose of receiving or transmitting communication to or 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 r;oof 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.
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 2 1177
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 or 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 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 'I O,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 or the use of land. 3 1178
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).
Easement. A grant of one or more property rights by the owner for use by the public, a corporation or another person or entity.
Efficiency unit. A dwelling unit for occupancy by no more than two persons conforming to California's Health and Safety Code § 17958.1 with a minimum floor area of 150 square feet that provides bathroom facilities and a partial kitchen equipped with a sink, cooking appliance, and refrigerator.
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.
Employee housing. Shall have the same meaning as "employee housing" described in California Health and Safety Code Section 17021.5, and as set forth in California Health and Safety Code Section 17008 for farmworkers.
4 1179
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 4 596.78 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 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 sidewalkwithin the area between the building and the property line, orwhen 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 5 1180
housekeeping unit; (3) any group home without an operator.
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.
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.
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 anotherfacility orfacilities 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 or 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.
Lofl. 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.
6 1181
(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 applicable local ordinances.
(b) A parcel or real property when shown on a record or survey map or deed Tiled 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.
Low barrier navigation center. Shall have the same meaning as"low barrier navigation center" as set forth in Government Code Section 65660.
Majormodification. 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.
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 manuTactured 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 singlelamily 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.
7 1182
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 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. 8 1183
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, including an in-house manager, who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and/or 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 ofincorporation, 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 administrator, planning commission, or city council. Planning applications include major modifications, 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 9 1184
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, 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 materiais 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. § 8780"l(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 - 1 27'1. 1, 1 250(i), 1 250(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 10 1185
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 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 joint use of and responsibility for common areas, which includes interaction with each other, shared meals, household activities, and expenses and responsibilities; where residency is mutually agreed by all residents, is not transitory in nature and the residential activities of the household are conducted on a not-for-profit basis.
Single room occupancy unit. A dwelling unit that serves as the primary residence of its occupant(s) and is offered on a monthly rental basis or longer. Single room occupancy units may contain kitchen and/or sanitary facilities. If the units do not contain kitchen and/or bathroom facilities, shared kitchen and/or bathroom facilities must be provided within the building.
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/vaptng 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 11 1186
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; (3) any sober living home without an operator.
Specialty store. A retail store less than 3,000 square feet in area with hours of operation between 6:00 a.m. and 11 :OO p.m. A specialty store offers a combination of foods and beverages for off-site use or consumption and provides for alcoholic beverage sales that are incidental to the primary use. No more than 4 0% 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.
Streamlined development review. The streamlined processing of a development plan when authority for approval is vested in the planning division.
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, as defined in Section 50675.14 ofthe California Health and Safety Code, 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.
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. 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 12 1187
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) ofindividuals 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 or 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 conveision). 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.
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-O"l; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5-06; Ord. No. 09-3, §§ la., b., 5-19-09; Ord. No. 09-4, § la., 5-5-09; Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 13 1188
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, 11-17-1 5a Ord No 16-01, § 1 1-19-1 6a Ord. No. 18-03, § 2 1-16-18 0rd No 21-03, § 3, 3-2-21 ; Ord. No. 21-20, § 1, 12-7-21 ) 14 1189
Exhibit B
Article 3
Review Authorities
§ 13-7. Purpose.
The purpose of this article is to establish the project review authority of the city council, the redevelopment agency, the planning commission, the zoning administrator and the planning division.
(Ord. No. 97-al1, § 2, 5-5-97)
§ 13-8 City council.
The city council shall have final decision authority for appeals, final maps, specific plans, master plans in the town center and planned development districts, rezones, general plan amendments, density bonuses with financial incentives, Zoning Code amendments, improvement and development agreements, annexations and any action specified in this Zoning Code. The city council shall also be responsible for the acceptance of lands and/or improvements as may be proposed for dedication to the city, except deeds of dedication and parcel maps of four or fewer lots with no development agreements. The city council may impose conditions of approval. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-9 Redevelopment agency.
(a) Declaration of need of agency. It is hereby found and declared, pursuant to State Health and Safety Code section 33101, that there is a need for a redevelopment agency in the city, as such agency was created by section 33100, to function in the city, and the agency is hereby authorized to transact business and exercise all of the powers granted to it under the Community Redevelopment Law.
(b) Council declared agency. The five members of the city council are hereby declared to be the members of the redevelopment agency and are empowered to exercise all the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in an agency. (c) Term of agency members. Membership shall be for the period each councilmember serves in office, and shall automatically terminate at the time any councilmember no longer holds the office of councilmember. Any vacancy existing on the redevelopment agency shall be filled only by a duly elected sworn and acting city councilmember. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-10 Planning commission.
(a) Commission. Pursuant to the provisions of section 65101 of the Planning and Zoning Law of the California Government Code, there is hereby created a planning commission, which shall consist of seven members.
(b) Appointment and removal of commissioners. Each council member elected by district shall nominate a planning commission member, subject to approval by a majority vote of the entire city council. The mayor shall nominate a planning commission member, subject to approval by a majority vote of the entire city council. Planning commission members serve at the pleasure of the city council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire city council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy. 1 1190
(c) Residency. Each member of the planning commission must be a resident of the City of Costa Mesa at the time the member is nominated and appointed. If any member of the planning commission ceases to be a resident of the city that member's appointment will automatically terminate. The secretary of the planning commission shall immediately inform the city council of any such termination.
(d) Term. The term of each planning commission member shall expire on the date on which the second regular meeting in January is held immediately following expiration of the term of the council member or mayor who appointed that member, or until he or she is reappointed or replaced.
(e) Ex-officio member of commission. The director of development services and city attorney or designee shall attend the meetings of the planning commission and assist the commission in an advisory capacity as needed.
(f) Absence from commission meetings without cause. If a planning commission member is absent from three consecutive regular meetings of the commission, without cause, the office of the member shall be deemed to be vacant and the term of such member terminated. The secretary of the planning commission shall immediately inform the city council of such termination.
(g) Absence from commission meetings for cause. An absence due to illness or an unavoidable absence from the city and written notice thereof given to the secretary of the planning commission on or before the day of any regular meeting of the commission shall be deemed absence for cause.
(h) Councilmember ineligibility. No member of the city council shall be eligible for membership on the planning commission.
(i) Authority of the planning commission.
(1 ) The planning commission shall have the power, except as otherwise provided by law, to act on plans for the regulation of the future growth, development and beautification of the city, in respect to:
a. Public and private buildings and works, streets, parks, grounds and vacant lots. b. The future growth and development of the city in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities. c. The location of any proposed buildings, structures, or works. (2) The planning commission is authorized to act upon the following discretionary actions:
a. Recommend to the city council approval, conditional approval or denial of general plan amendments, specific plans, rezones, Zoning Code amendments, development agreements, density bonuses with public financial incentives, preliminary and Final master plans, and any other action specified in this Zoning Code.
b. Recommend to the successor agency to the former redevelopment agency approval, conditional approval or denial of redevelopment actions, or adoption and/or amendments to a redevelopment plan.
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c. Approve, conditionally approve or deny applications for conditional use permits, variances, tentative tract and parcel maps, density bonuses without public financial incentives, and any other action specified in this Zoning Code.
d. Perform other duties necessary to carry out the provisions reserved to the planning commission in Title 10 of the Municipal Code, the provisions of this Zoning Code and the provisions of the Planning, Zoning and Development Law of the State Government Code. 0) Commission bylaws authorized. The planning commission shall have the power, except as otherwise provided by law, to adopt such bylaws as it may deem necessary to provide for:
(1 ) The time and place of meeting.
(2) The time and method of electing officers.
(3) Such other matters relative to the organization of the planning commission and methods of administration of its duties which are not otherwise provided for by statute or ordinance. (k) Regular meeting of commission defined. A regular meeting as provided by law or by rule of the planning commission or any regularly advertised public hearing shall be deemed a regular meeting.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-12, § 1, 3-5-01; Ord. No. 02-4, § 1a, 3-18-02; Ord. No. 03-2, § 3, 3-3-03; Ord. No. 04-37, § 3, 1-3-05; Ord. No. 19-05, § 1, 4-2-19; Ord. No. 21-14, § 1, 8-3-21)
§ 13-11 Zoning administrator.
(a) The development services director or designee is authorized to act as the zoning administrator according to procedures set forth in the State Government Code. (b) The zoning administrator is authorized to approve, conditionally approve, or deny the following discretionary planning applications. The zoning administrator may forward any action to the planning commission for review.
(1 ) Major amendment;
(2) Minor conditional use permit;
(3) Lot line adjustment;
(4) Wireless telecommunications use permit (see section 19-15); and (5) Any action specified in this Zoning Code.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20) § 13-12 Planning division.
The development services director or designees constitute the planning division. The planning division is authorized to act on and grant approvals of development reviews and minor modifications as described in Chapter Ill, Planning Applications, Wireless Telecommunications Use Permit (see section 19-15), and other duties as designated by the development services director, planning commission, city council and this Zoning Code. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20) 3 1192
Exhibit C
CHAPTER Ill
PLANNING APPLICATIONS
§ 13-27. Purpose.
The purpose of this chapter is to establish the parameters for the numerous types of discretionary planning applications and to identify processing procedures. (Ord. No. 97-11, § 2, 5-5-97)
§ 1 3-28. Types.
(a) MajorModification.Anydeviationfromanadopteddevelopmentstandardinthis Zoning Code that meets the criteria listed in Table 13-28(a).
TABLE 13-28(a)
MAJOR MODIFICATIONS
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. 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 IO% but no more than 20%
Decrease in required distance between main structures Mare ttlan 20% 5ui nO mare ulan 40% 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.
(l) 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, 1 1193
commercial, office, and/or mixed-use project.
(c) Densftybonusorfncenfive.Anyrequestforincentivestoproducelowerincomeand senior housing per State Government Code section 65915. (d) Development review, streamlined. The following shall be subject to streamlined development review, if the project complies with applicable development standards in this Zoning Code and meets one of the following conditions:
(l) Residential construction of one story in the R1, R2-MD, R2-HD, and R3 zones. (2) Residential uses permitted by right in the Zoning Code and qualifying for ministerial approval as a 'use by right' consistent with the applicable provisions of the Government Code.
(3) Additions to existing buildings in the AP, CL, C1, C2, C1-S, MG, or MP zones that comply with the applicable development standards in this Zoning Code and do not exceed 2,000 square feet or 50% of the existing building area, whichever is less, shall be subject to streamlined development review. (e) Deve/opmenfreview.Thefollowingshallbesubjecttodevelopmentreview:
(1) Residential construction of two or more stories. In any zone, residential construction of two or more stories that complies with the applicable development standards in this Zoning Code and the forthcoming Citywide Residential and Mixed-Use Objective Design Standards adopted by city council. Until such objective standards are adopted, projects shall be subject only to the objective development standards in this Zoning Code.
(2) ConstructionofnewbuildingsoradditionstoexistingbuildingsintheAP, CL, C1, C2, C1-S, MG, or MP zones that comply with the applicable development standards in this Zoning Code and exceed 2,000 square feet or 50% of the existing building area; 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) Masterp/an.Priortodevelopmentintheplanneddevelopment(PD),towncenter(TC), shopping center (C1 -S), and all types of institutional and recreational (I&R, I&R-S, and I&R-MLT) zoning districts, a master plan is required. Preliminary master plans are required in the TC and I&R-MLT zone, are optional in PD zones, and are not required in C1 -S, I&R-S, and I&R zones.
(1) Minorchanges.Minorchangesinthelocation,sitingorcharacterofbuildingsand 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; 2 1194
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;
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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 4 3-56, 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. (h) Minor conditional use permit. Any use or deviation from development standards specified in this Zoning Code as requiring a minor conditional use permit. 4 1196
(i) Minormodfffcaffon.Anydeviationfromanadopteddevelopmentstandardinthis Zoning Code that meets the criteria listed in Table 1 3-28(i).
TABLE 13-28(i)
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 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 residential zones I 00% or less
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
1 0% or less
Decrease in required distance between main structures 20% or less Decrease in required distance between accessory and main structures 20% or less jDecrease in minimum width and length of garage dimensions 5% or less 5 1197
(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.
(j) 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. (k) Planned signing program. A voluntary, optional alternative to the general sign regulations, except in the C1-S zone where it is required. (1) Reasonab/e accommodation. As defined in section 13-200.62 (m) (Reserved)
(n) Rezone. Any proposed change to the official zoning map. (o) Special use permit. Refer to Chapter XV of the Zoning Code. (p) 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.
(q) 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.
(r) Variance. Any deviation from a development standard in this Zoning Code that is not specified as a minor modification or major modification, or a deviation that is not allowed by approval of conditional use permit, minor conditional use permit, or specific plan conformity procedure.
(s) 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 6 1198
Preservation
(t) 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, 14 -1 5-99; Ord. No. 01-10, §§ 1 a., 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., 1 0-2-07; Ord. No. 11-10, § 1, 9-20-11 ; Ord. No. 16-09, § 3, 10-4-1 6; Ord. No. 21-20, § 1, 12-7-21)
§ 13-29. Planning application review process.
(a) Application
(l) Application for any planning application shall be made to the planning division on the forms provided. Plans and information reasonably needed to analyze the application may be required. A list of required plans and information shall be available from the planning division.
(2) All applications shall be signed by the record owner of the real property to be affected. This requirement may be waived upon presentation of evidence substantiating the right of another person to file the application. (b) Fees. The application shall be accompanied by all applicable processing fees as established by resolution of the city council.
(c) Public hearing. Upon receipt of a complete application for a planning application, the planning division shall fix a time and place of the public hearing if one is required pursuant to Table 1 3-29(c). For planning applications which require review by both the planning commission and city council, pursuant to Table 1 3-29(c), the final review authority shall hold a public hearing no more than 45 days from the receipt of the planning commission's recommendation.
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TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
Planning Applications Public
Notice
Required
Public
Hearing
Required
Recommending
Authority
Final Review
Authority
Notice of
Decision
Streamlined Development
Review
No No None Planning Division No
Development Review
Minor Modification
No No None Planning Division No
Reasonable Accommodation No No None Planning Division No Lot Line Adjustment No No None Planning Division No
Special Use Permit Yes Yes None Planning Division No Major Modification
Minor Conditional Use Permit
Planned Signing Program
Yes No None Zoning
Administrator
Yes
Mobile Home Park Conversion
Common Interest Development
Conversion (Residential or
Nonresidential)
Specific Plan Conformity
Review Tentative Parcel Map
Tentative Tract Map
Variance
Yes Yes Planning Division Planning
Commission
Yes
Conditional Use Permit
Density Bonus
Master Plan
Master Plan-Preliminary
Yes Yes Planning Division Planning
Commission
(excepted where
noted otherwise in
this zoning code)
Yes
Rezone Yes Yes Planning
Commission
City Council No
Local Register of Historic Places No No Planning
Commission or
other commission/
committee as
designated by the
City Council
City Council Yes
Certificate of Appropriateness No No Planning
Commission or
other commission/
commitkee as
designated by the
City Council
Planning
Commission or
other commission/
committee as
designated by the
Citv Council
No
8 1200
(d) Public notice. When required pursuant to Table 1 3-29(c), public notice shall be given as described in the following subsections. Public notices shall contain a general explanation of the proposed planning application and any other information reasonably needed to give adequate notice of the matter to be considered. (l) Mailed notice required. Notices of the hearing shall be mailed to all property owners and occupants within a 500 foot radius of the project site, except for applications for the construction of a building(s) 150 feet or more in height which shall require a greater notice radius pursuant to Table 13-29(d):