Agenda packet — Costa Mesa City Council, April 7, 2026 (part 2 of 6)

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drain improvement costs throughout the City and included a fee study with target Storm Drain Impact Fees.

Prior to adoption of the 2006 Storm Drain Impact Fee, the City Council was presented with recommended target drainage fees that were calculated based on projected land use and estimated costs of proposed storm drain capital improvement projects. After several meetings, the City Council selected an alternative drainage fee that was reduced by roughly 50% from the target drainage fee by selecting fewer proposed storm drainage improvements.

The alternative drainage fee did not fund as many storm drain projects but would address those with the most favorable cost-benefit analysis. The City Council then chose to adopt a phased approach, whereby 50% of the alternate fees were initially adopted for two years starting January 1, 2007. After January 1, 2009, the drainage fees were increased to the full recommended amount that is still being collected today.

The following table provides the City’s existing drainage impact fees that were adopted in 2006 (effective 2007) and increased to the full adopted amount listed below in 2009:

Existing Drainage Fee (per Acre)*
Land Use Type: Fee:

Low-Density Residential $6,283
Medium-Density Residential $7,539
High-Density Residential $10,052
Commercial $11,308
Industrial $11,309
In addition to the drainage fee, the City also collects a Watershed Fee for proposed development located in a watershed that has deficiencies identified in the 2006 Storm Drain Master Plan and are not able to either:
· Detain water onsite, or
· Construct the associated storm drain upgrades in their affected watershed.

The Watershed Fee is a charge applied to new development to cover its fair share of storm drain construction costs. The fee varies by watershed, ranging from $0 per acre in areas with no improvements identified in the 2006 SDSMP to as much as $27,044 per acre in watersheds where improvements are required. Out of the City’s thirty-seven (37) watersheds defined in the 2006 SDSMP, seventeen (17) have improvements identified.

On September 15, 2020, the City Council awarded a Professional Services Agreement (PSA) to Q3 Consulting (Q3) to complete an update to the City's SDSMP. Similar to the 2006 SDSMP, the current update has been divided into parts for a comprehensive and thorough analysis.

On October 15, 2024, Part 1 of the Storm Drain System Master Plan was accepted by the City Council. It included the Existing Conditions Assessment Report (ECAR) and the Proposed Drainage & Water Quality Improvements Report. The reports can be found on the City’s website at www.costamesaca.gov/storm <http://www.costamesaca.gov/storm>. The new SDSMP uses the

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Direct Rainfall computer modeling method of analysis that combines topography, existing land use data, and hydrology modeling to analyze the City as only two distinct watersheds. Those watersheds are the Santa Ana River Drainage Basin to the west, and the Newport Bay Drainage Basin to the east.

The second and final part of the SDSMP is the City’s Drainage Fee and Finance Nexus Study Update. This fee update is being conducted by a sub-consultant to Q3, Harris and Associates. Harris and Associates has derived the maximum justifiable fee based on the proposed improvements outlined in Part 1, current existing parcel land use types, and the City’s 2035 land use plan types, which have been updated to incorporate the projected residential development. The fee update includes projected costs of upgrading regional flood control facilities and water quality facilities.

Proposed Drainage Fee (per Acre)
The City of Costa Mesa collects Development Impact Fees (DIFs) to ensure that new development and significant redevelopment projects pay their proportionate share for public storm drain infrastructure needed to serve growth, thereby preventing undue financial burden on existing residents and businesses.

The last update to the City’s Storm Drainage Impact Fee (DIF) occurred in 2009 as part of a prescribed phased approach to implement the total fee that was established as part of the 2006 SDSMP. Since that time, infrastructure priorities and cost estimates for proposed storm drain improvements have changed significantly.

The new Storm Drainage Impact Fee Nexus Study (Attachment 1) is prepared to:
· Align storm drainage impact fees within the 2024 Master Plan’s projects and cost estimates. · Divide the City into two (2) drainage basins: Santa Ana Watershed and Newport Bay Watershed to clearly define a nexus between proposed storm drain improvements and future developments in each respective drainage basin.
· Comply with Assembly Bill 1600 (Mitigation Fee Act) and Assembly Bill 602 requirements, including identifying current and future levels of service, providing a detailed Capital Improvement Program (CIP), and making the findings necessary to retain a per-acre fee basis. · Establish an updated Storm Drain Impact Fee to replace the current Public Works Drainage Fee and the City’s Watershed Fee as detailed in the City’s current Master Fee Schedule.

Public Outreach
In order to ensure that City stakeholders received advance notice and sufficient information regarding the proposed Storm Drain Impact Fees prior to City Council consideration, staff conducted multiple outreach meetings with interested parties, including Segerstrom and Sons, Sakioka Company LLC, South Coast Metro Alliance, Costa Mesa Chamber of Commerce, and the Building Industry Association (BIA) of Southern California.

On October 8, 2025, City staff and Harris & Associates held an informational meeting at City Hall with interested parties and vacant land stakeholders. The presentation included an overview of the proposed updated Storm Drain Impact Fees, fee methodology, and key findings from the Nexus Study.

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On November 13, 2025, City staff conducted a meeting with BIA representatives via video teleconference to review the proposed fees along with an overview of the Nexus Study and the fee methodology.

No direct opposition to the proposed fees has been communicated by any of the stakeholders who participated in the outreach process.

ANALYSIS:

The two most common methods to calculate drainage impact fees are the System Plan Method and the Planned Facilities Method.

Under the System Plan Method, the fee is based on the combined value of existing facilities and planned, capacity-expanding projects. These costs are divided proportionally across the total impervious acres at buildout, ensuring:
· The maximum justifiable fee is calculated, allowing the City to set a final fee amount as a percentage of that maximum.
· Future development pays only its proportional share of system-wide, capacity-expanding improvements, without funding existing deficiencies.

The Planned Facilities Method was also considered since it was recommended and used to establish fees in the 2006 SDSMP. Under this approach, fees are based only on the proportional fair share cost of planned improvements related to growth divided by the increase in impervious area caused by new development. This method excludes existing system costs and assigns fees only to new growth’sshare of the planned improvements but does not account for new development’sshare of the existing system.

In 2006, using this method would theoretically fund approximately 23% of the proposed improvements. Today, the fees generated with this approach would cover less than 10% of the total improvements identified in the SDSMP, making it insufficient to meet funding needs. For these reasons, the Planned Facilities Method is not recommended and was not utilized as a method of analysis and fee calculation.

The following tables show the maximum justifiable drainage impact fees per acre, based on the recommended System Plan Method,
*System Plan Method (Proposed Maximum Justifiable per Acre Fee):

Land Use Type Santa Ana River Watershed Newport Bay
Watershed
Low-Density Residential $54,905 $47,507
Medium-Density Residential $76,866 $66,510
High-Density Residential $87,847 $76,012
Commercial $98,828 $85,513
Industrial $98,828 $85,513
*Funds approximately 26% of proposed Santa Ana Watershed improvements and approximately 38%

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*Funds approximately 26% of proposed Santa Ana Watershed improvements and approximately 38% of proposed Newport Bay Watershed improvements.

The City Council can adopt a lower fee based on a percentage of the proposed maximum justifiable fee, as part of final recommendations. However, utilizing a percentage of the proposed maximum will increase the City’s share of future drainage improvements.

The nexus study also establishes the maximum justifiable fee the City may collect to cover new development’s “fair share” of the proposed Citywide storm drain improvements. For properties developed from raw land to a finished use, this updated fee is significantly higher than the prior adopted fees. However, in other cases, the drainage fee will be reduced or not applied at all. For example, redevelopment from higher density to lower density will result in no drainage fee being charged, as there is no net increase in impervious area.

The following is a summary table of when fees are paid:

Many of the City’srecent development projects involve the conversion of existing industrial uses into new residential development. These conversions from higher density land use to lower density land use will not be charged any drainage fee under the provisions set forth in the Storm Drainage Impact Fee Nexus Study. To implement the proposed fees, staff proposes the following:
· A resolution adopting updated fees calculated using the System Plan Method and the approval

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· A resolution adopting updated fees calculated using the System Plan Method and the approval of an annual increase based on the California Construction Cost Index (CCI) (Attachment 2). · An ordinance amending Chapter III of Title 15 of the Costa Mesa Municipal Code (Attachment 3) to:
§ Incorporate updated drainage impact fee schedules.
§ Revise definitions, applicability, and administrative provisions for fee collection. § Align City code language with current state law and the nexus study.

If adopted, the updated fees would take effect sixty (60) days after the updated drainage fee resolution and ordinance are approved (Attachment 2).

With the acceptance of the 2026 Storm Drainage Impact Fee Nexus Study and the Adoption of the updated Storm Drain Impact fees, the City’sWatershed Fees (Storm Drain Cost for Apportioned Share to Construct) shall no longer be collected.

ALTERNATIVES:

The City Council may adopt the recommended “Maximum Justifiable Fees” based on the System Plan Method or set lower fees. Adopting lower fees will increase the share of other funds for the implementation of the Storm Drain Master Plan. The City Council may also direct staff to revise the analysis and bring a new drainage fee proposal for approval. This alternative will require additional funding for the analysis and will further delay implementation of required storm drain improvements.

Staff does not recommend this alternative.

FISCAL REVIEW:

At the existing drainage fee (per-acre) rate, the City has collected an average of approximately $120,000 per year, over the past three fiscal years from FY 2023-24 through FY 2025-26. Revenues are estimated to increase proportionally to percentage increase of the updated rate; however, the full fiscal impact of updating the City’s drainage fees will be dependent on the pace of future development throughout the City. Drainage fees collected are recorded in the Drainage Fees Fund (Fund 209), which has an uncommitted (available) fund balance of approximately $200,000, at the time of the City Council date. All funds collected will be used to fund eligible capital improvements identified in the nexus study and the 2024 Storm Drain System Master Plan Update.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this staff report, resolution and ordinance, and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

The Storm Drain System Master Plan Update works toward achieving the following City Council goals:
· Maintain and Enhance the City’s Facilities, Equipment and Technology · Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency

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CONCLUSION:

Staff recommends the City Council:

1. Adopt the 2026 Storm Drainage Impact Fee Nexus Study (“Nexus Study”) as the final component of the 2024 Storm Drain System Master Plan Update.

2. Adopt the storm drain Capital Improvement Plan (CIP) as provided in Appendix A (Table A-1) in the Nexus Study.

3. Adopt Resolution 2026-XX for the updated development impact fees for storm drainage, in compliance with governing California laws AB1600 (Mitigation Fee Act) and AB 602 (Development Impact Fees).

4. Introduce for first reading, by title only, Ordinance No. 26-XX of the City Council of the City of Costa Mesa, California, Amending Chapter III of Title 15 of the Costa Mesa Municipal Code Relating to Drainage and waive further reading.

5. Authorize staff to implement the updated fees sixty (60) days after adoption, in compliance with AB 1600 (Mitigation Fee Act).

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-197 Meeting Date: 4/7/2026
TITLE:

INTRODUCTION AND FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING CHAPTER III OF TITLE 15 OF THE COSTA MESA MUNICIPAL CODE RELATING TO DRAINAGE

AND ADOPTION OF DEVELOPMENT IMPACT FEES FOR STORM DRAINAGE AND ADOPTION

OF A CAPITAL IMPROVEMENT PLAN AS PART OF THE NEXUS STUDY AND COMPLETION OF

THE STORM DRAIN SYSTEM MASTER PLAN (SDSMP) UPDATE
DEPARTMENT: PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTO
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5335 RECOMMENDATION:

Staff recommends the City Council:

1. Adopt the 2026 Storm Drainage Impact Fee Nexus Study (“Nexus Study”) as the final component of the 2024 Storm Drain System Master Plan Update.

2. Adopt the storm drain Capital Improvement Plan (CIP) as provided in Appendix A (Table A-1) in the Nexus Study.

3. Adopt Resolution 2026-XX for the updated development impact fees for storm drainage, in compliance with governing California laws AB1600 (Mitigation Fee Act) and AB 602 (Development Impact Fees).

5. Authorize staff to implement the updated fees sixty (60) days after adoption, in compliance with AB 1600 (Mitigation Fee Act).

BACKGROUND:

In 2006, the City Council amended Costa Mesa Municipal Code section 15-64 (Title 15, Chapter III) to identify and put into effect a Storm Drain System Master Plan (SDSMP) and its associated drainage impact fees. These impact fees are collected from new development and significant re- development projects as “one-time”charges to fund the impacts that future development will have on the City’s storm drainage system.

The 2006 SDSMP analyzed the existing storm drain system throughout the City. The detailed “rationalmethod”analysis aimed to model the effects of 25-year and 100-year design storms on the City’sstorm drain system. The 2006 SDSMP proposed storm drain upgrades and estimated storm drain improvement costs throughout the City and included a fee study with target Storm Drain Impact

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drain improvement costs throughout the City and included a fee study with target Storm Drain Impact Fees.

The following table provides the City’s existing drainage impact fees that were adopted in 2006 (effective 2007) and increased to the full adopted amount listed below in 2009:

Existing Drainage Fee (per Acre)*
Land Use Type: Fee:

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Direct Rainfall computer modeling method of analysis that combines topography, existing land use data, and hydrology modeling to analyze the City as only two distinct watersheds. Those watersheds are the Santa Ana River Drainage Basin to the west, and the Newport Bay Drainage Basin to the east.

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On November 13, 2025, City staff conducted a meeting with BIA representatives via video teleconference to review the proposed fees along with an overview of the Nexus Study and the fee methodology.

No direct opposition to the proposed fees has been communicated by any of the stakeholders who participated in the outreach process.

ANALYSIS:

The two most common methods to calculate drainage impact fees are the System Plan Method and the Planned Facilities Method.

The following tables show the maximum justifiable drainage impact fees per acre, based on the recommended System Plan Method,
*System Plan Method (Proposed Maximum Justifiable per Acre Fee):

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*Funds approximately 26% of proposed Santa Ana Watershed improvements and approximately 38% of proposed Newport Bay Watershed improvements.

The following is a summary table of when fees are paid:

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· A resolution adopting updated fees calculated using the System Plan Method and the approval of an annual increase based on the California Construction Cost Index (CCI) (Attachment 2). · An ordinance amending Chapter III of Title 15 of the Costa Mesa Municipal Code (Attachment 3) to:
§ Incorporate updated drainage impact fee schedules.
§ Revise definitions, applicability, and administrative provisions for fee collection. § Align City code language with current state law and the nexus study.

If adopted, the updated fees would take effect sixty (60) days after the updated drainage fee resolution and ordinance are approved (Attachment 2).

ALTERNATIVES:

Staff does not recommend this alternative.

FISCAL REVIEW:

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this staff report, resolution and ordinance, and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

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CONCLUSION:

Staff recommends the City Council:

1. Adopt the 2026 Storm Drainage Impact Fee Nexus Study (“Nexus Study”) as the final component of the 2024 Storm Drain System Master Plan Update.

2. Adopt the storm drain Capital Improvement Plan (CIP) as provided in Appendix A (Table A-1) in the Nexus Study.

3. Adopt Resolution 2026-XX for the updated development impact fees for storm drainage, in compliance with governing California laws AB1600 (Mitigation Fee Act) and AB 602 (Development Impact Fees).

5. Authorize staff to implement the updated fees sixty (60) days after adoption, in compliance with AB 1600 (Mitigation Fee Act).

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Storm Drainage Impact Fee Nexus Study
Storm Drain System Master Plan Update
Costa Mesa, California

FINAL REPORT
February 2026
Prepared for:

City of Costa Mesa
77 Fair Drive,
Costa Mesa, CA 92628
Prepared by: In Coordination with:
101 Progress, Suite 250 27042 Towne Centre Drive, Suite 110 Irvine, CA 92618 Foothill Ranch, CA 92610
925.827.4900
ATTACHMENT 1 / ATTACHMENT C
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ATTACHMENT 1 / ATTACHMENT C
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Table of Contents
FINAL REPORT ........................................................................................................................................... i City of Costa Mesa ............................................................................................................. i Executive Summary and Introductory Sections....................................................................................... 4 Introduction ............................................................................................................................ 4 Nexus Requirement Summary ............................................................................................... 4 Assembly Bill 602 .................................................................................................................. 5 Nexus Study Summary .......................................................................................................... 7 Section 1 Methodology ....................................................................................................................... 12 Methodology ........................................................................................................................ 12 Program Administration ....................................................................................................... 13 Fund Balance ....................................................................................................................... 13 AB 602 and Fee Collection Alternatives ............................................................................. 14 Section 2 Land Use Assumptions ...................................................................................................... 16 Land Use Types ................................................................................................................... 16 Growth Forecasts ................................................................................................................. 16 Section 3 Santa Ana Watershed Storm Drainage Fee ..................................................................... 21 Background .......................................................................................................................... 21 Service Population ............................................................................................................... 22 Cost Summary and CIP ........................................................................................................ 22 Fee Methodology ................................................................................................................. 26 Fee Summary ....................................................................................................................... 29 Fee Applicability .................................................................................................................. 30 Capital Improvement Projects and Revenue Projections ..................................................... 31 Existing and Proposed Level of Service .............................................................................. 32 Nexus Requirement Summary ............................................................................................. 34 Section 4 Newport Bay Watershed Storm Drainage Fee ................................................................ 36 Background .......................................................................................................................... 36 Service Population ............................................................................................................... 37 Cost Summary and CIP ........................................................................................................ 37 Fee Methodology ................................................................................................................. 41 Fee Summary ....................................................................................................................... 44 Fee Applicability .................................................................................................................. 45 Capital Improvement Projects and Revenue Projections ..................................................... 46 Existing and Proposed Level of Service .............................................................................. 47 Nexus Requirement Summary ............................................................................................. 49 ATTACHMENT 1 / ATTACHMENT C
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Section 5 Implementation and Administration ................................................................................ 51 Implementation .................................................................................................................... 51 Fee Program Administrative Requirements ......................................................................... 51 Fee Adjustment Procedures ................................................................................................. 53 Timing of Payment .............................................................................................................. 53 Designated Residential Projects Deferred Fee Payments .................................................... 53 Credits and Reimbursement Policies ................................................................................... 54 Programming Revenues with the CIP .................................................................................. 54 Fee Reporting ....................................................................................................................... 55 Accessory Dwelling Units ................................................................................................... 55 Specialized Development Projects ....................................................................................... 55 Rebuild or Expansion Projects ............................................................................................. 56

Tables
Table ES-1: Costs Attributable to Fee Programs .......................................................................................... 8 Table ES-2: Summary of Maximum Allowable Santa Ana Watershed Storm Drainage Fees ..................... 9 Table ES-3: Summary of Maximum Allowable Newport Bay Watershed Storm Drainage Fees ................ 9 Table ES-4: Maximum Allowable Fees Comparison to Existing Fees ....................................................... 10 Table 1-1: City of Costa Mesa Impact Fee Fund Balance .......................................................................... 13 Table 2-1: Projected Future Land Use – Santa Ana Watershed .................................................................. 17 Table 2-2: Projected Future Land Use – Newport Bay Watershed ............................................................. 17 Table 3-1: Santa Ana Watershed Future Improvements Summary............................................................. 24 Table 3-2: Santa Ana Watershed Existing Facility Inventory and Summary ............................................. 25 Table 3-3: Impervious Factors .................................................................................................................... 26 Table 3-4: Existing Santa Ana Watershed Impervious Acres ..................................................................... 27 Table 3-5: Future Santa Ana Watershed Impervious Acres ........................................................................ 27 Table 3-6: Buildout Santa Ana Watershed Impervious Acres .................................................................... 28 Table 3-7: Santa Ana Watershed Improvements Maximum Justifiable Cost per Impervious Acre Calculation ................................................................................................................................. 29 Table 3-8: Santa Ana Watershed Storm Drainage Fee ............................................................................... 30 Table 3-9: Projected Santa Ana Watershed Storm Drainage Fee Revenue ................................................ 31 Table 3-10: Proportional Allocation of Anticipated Fee Revenue to Proposed Santa Ana Watershed Storm Drainage Facilities ......................................................................................................................... 31 Table 4-1: Newport Bay Watershed Future Improvements Summary ........................................................ 39 Table 4-2: Newport Bay Watershed Existing Facility Inventory and Summary ........................................ 40 Table 4-3: Impervious Factors .................................................................................................................... 41 Table 4-4: Existing Newport Bay Watershed Impervious Acres ................................................................ 42 Table 4-5: Future Newport Bay Watershed Impervious Acres ................................................................... 42 ATTACHMENT 1 / ATTACHMENT C
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Table 4-6: Buildout Newport Bay Watershed Impervious Acres ............................................................... 43 Table 4-7: Newport Bay Watershed Improvements Maximum Justifiable Cost per Impervious Acre Calculation ................................................................................................................................. 44 Table 4-8: Newport Bay Watershed Storm Drainage Fee .......................................................................... 45 Table 4-9: Projected Newport Bay Watershed Storm Drainage Fee Revenue ........................................... 46 Table 4-10: Proportional Allocation of Anticipated Fee Revenue to Proposed Santa Ana Watershed Storm Drainage Facilities ......................................................................................................................... 46 Table A-1: Capital Improvement Plan (CIP) .............................................................................................. 59 Figures
Figure 2-1: City of Costa Mesa Watersheds Map ....................................................................................... 18 Appendices
Appendix A: Capital Improvement Plan (CIP)

ATTACHMENT 1 / ATTACHMENT C
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EXECUTIVE SUMMARY AND INTRODUCTORY

SECTIONS

INTRODUCTION
The City of Costa Mesa (City) is one of the ten most populated cities in Orange County, located about 37 miles southeast of Los Angeles and just one mile from the Pacific Ocean. The City encompasses 16 square miles and hosts the Orange County Fair annually at its fairgrounds.

Costa Mesa was originally a part of the vast Rancho Santiago de Santa Ana and later developed as an agricultural area primarily known for lima beans and citrus groves. The City, incorporated in 1953, transitioned from its agricultural roots to a more diversified economy that now boasts various forms of recreation, shopping centers including the South Coast Plaza, and a thriving arts scene anchored by the Segerstrom Center for the Arts and the South Coast Repertory Theater.

The City is part of the Los Angeles-Long Beach-Santa Ana, CA Metropolitan Statistical Area. The California Department of Finance (DOF) estimates that as of January 1, 2025, the City population is 110,304, incorporating the 2020 Census benchmark.

As the resident population and non-resident employment in the City increases, there exists a correlating rise in the need for public infrastructure and services to support the increased demand on the City ’s infrastructure . California’s Assembly Bill 1600 ( AB 1600 ) adopted in 1987 and codified as California Government Code Section 66000 et. seq., allows the City to impose Development Impact Fees on new development within the City. Development Impact Fees (DIFs) are one-time charges on new developments that are collected and used by the City to cover the cost of capital facilities, vehicles, and equipment that are required to serve new growth.

The City currently charges a single Citywide Storm Drainage fee that was last updated in 2006 and were calculated utilizing a Planned Facilities methodology. Although two different drainage sheds were identified in the 2006 fee study, the City adopted a single fee for the entire City . The 2006 fees were not the maximum justifiable fees and a phased in approach was adopted that would have increased the fees to the maximum justifiable fee level after two years. However, following the adoption of the initial fees the fees were not increased and the fees in place remain the fees adopted in 2006. The goal of this update is to calculate the maximum justifiable fee for the required storm drainage improvements necessary to mitigate the impacts of future development on the City’s storm drainage network and to ensure compliance with the legal requirements of AB 1600 and AB 602.

NEXUS REQUIREMENT SUMMARY
AB 1600 was enacted by the State of California in 1987 creating the Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigation Fee Act requires that all public agencies ATTACHMENT 1 / ATTACHMENT C
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satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified.

3. Determine how there is a reasonable relationship between the fees use and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

The purpose of this report is to demonstrate that all fee components comply with the Mitigation Fee Act. The assumptions, methodologies, facility standards, costs, and cost allocation factors that were used to establish the nexus between the fees and the development on which the fees will be charged are summarized in subsequent sections of this report.

In evaluating the City’s development impact fee program, it is important to distinguish between revenues available to fund services for the existing population and those that may be used to serve new development. As future residents and workers occupy new development projects, they become part of the City’s existing community and begin generating General Fund revenues through property taxes, sales taxes, and other locally collected revenues. These unrestricted General Fund revenues may be used for any lawful municipal purpose citywide, including ongoing operations, maintenance of public facilities, and general governmental services. In contrast, development impact fee revenues are legally restricted and may only be used to construct or expand public facilities needed to accommodate new development. State law also requires the City to track and report the use of these impact fees annually under AB 1600, ensuring that all expenditures are directly tied to growth -related facility needs. This distinction between unrestricted General Fund revenues and restricted impact fee revenues is a core component of the City’s nexus analysis and fee methodology.

ASSEMBLY BILL 602
AB 602, enacted by the State of California in 2021, amended Sections 65940.1 and 66019 of, and added Section 66016.5 to the Government Code. AB 602 requires that if a local agency conducts and adopts an impact fee nexus study after January 1, 2022, the local agency shall follow all of the following standards and practices:

1. Before the adoption of an associated development fee, an impact fee nexus study shall be adopted.

ATTACHMENT 1 / ATTACHMENT C
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2. When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.

3. A nexus study shall include information that supports the local agency’s actions, as required by subdivision (a) of Section 66001 of the Government Code.

4. If a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.

5. A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development. A local agency that imposes a fee proportionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. A nexus study is not required to comply with the requirements to calculate a fee imposed on a housing development project proportionally to the square footage of the proposed units if the local agency makes the following findings:
• An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project.
• An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development. • That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.

6. Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.

7. All studies shall be adopted at a public hearing with at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.

8. Studies shall be updated at least every eight years, beginning on January 1, 2022.

9. The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pursuant to Section 50466.5 of the Health and Safety Code.

This report demonstrate s that all fee components comply with AB 602 . The methodologies performed to calculate the updated fees ensure that the costs for facilities are proportionately spread between existing and future users.

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NEXUS STUDY SUMMARY
Purpose
As development occurs in the City, new storm drainage backbone infrastructure and capital facilities are required to mitigate the increase in impervious area created by new development. In 2024, the City adopted the Proposed Drainage & Water Quality Improvements Storm Drain System Master Plan Update (Storm Drain Master Plan) prepared by Q3 Consulting. This Storm Drain Master Plan utilized advanced stormwater modeling software to identify economically feasible flood control solutions. The Storm Drain Master Plan summarized the recommended storm drainage infrastructure improvements necessary to ensure the City achieved the desired flood control and water quality standards. The Storm Drain Master Plan did not include analysis or discussions on the potential fun ding mechanisms available to fund these improvements.

Development Impact Fees (DIFs) are one of the funding mechanisms available to the City to fund the required storm drainage backbone infrastructure and capital facilities as well as the related administrative costs through the City’s fee program.

During the calculation of the DIFs through discussions with Q3 Consulting, it was identified that the City has two distinct storm drainage watersheds which function independently of each other and the storm drainage systems serving these watersheds are not interconnected. As a result, t he fee program contains separate fee categories for the two storm drainage watersheds within the City based on the infrastructure and capital facilities required. Incorporated in this Nexus Study are the Storm Drainage fees for both the Santa Ana and Newport Bay watersheds.

This report is designed to satisfy AB 1600 Nexus requirements, AB 602 guidance, and provide the necessary technical analysis to support the adoption of the updated fees. The fees will be effective 60 days after the City’s final action establishing and authorizing the collection of the fees.

Fee Program Costs
Table ES-1 summarizes the total costs of the improvements for each storm drainage watershed identified in the Storm Drain Master Plan as well as the costs attributable to the fee programs, costs to be funded from other funding sources and costs associated with fee program administration.

ATTACHMENT 1 / ATTACHMENT C
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Table ES-1: Costs Attributable to Fee Programs

Updated Fees
While AB 602 suggests that residential development fees be assessed on a per square foot basis, it has been determined that assessing residential fees on a per acre (AC) basis ties more directly to the impacts of new developments and results in a more equitable fee across all residential land uses. Non-residential land uses will continue to be assessed on a fee per acre (AC) to maintain continuity with the existing fee program. Fees on Accessory Dwelling Units, specialized projects, and rebuild projects are detailed further in Section 6: Implementation and Administration.

Table ES-2 and Table ES-3 show a summary of the maximum allowable fees per acre for land uses for the Santa Ana Watershed and Newport Bay Watershed respectively . These fees incorporate a 5% program administration markup to account for the costs the City will incur to oversee the implementation and administration storm drainage fees in a manner consistent with the requirements of the Mitigation Fee Act. The fees shown reflect the maximum justifiable fees that can be charged under AB1600. The City can elect to set the fee at any amount below this but by doing so, will create an increased funding gap that must be met through other funding sources.

AB 602 states that “if a nexus study supports the increase of an existing fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee. ” The current fee program collects a storm drainage impact fee on a per acre basis and was adopted in 2006. The existing storm drainage fees were calculated utilizing the Planned Facilities Methodology and the maximum justifiable fee spread the necessary system upgrades to existing and future development proportionally to the net change in impervious area. Additionally, the adopted fee study provided discussions related to alternative funding sources to mitigate the funding shortfall from the fee program and set the fees at a reduced level assuming alternative funding sources would be utilized.

In comparison to the updated fees both nexus studies utilize a similar impervious factor across all land use categories with the exception of Medium Density Residential which has had its impervious factor increased from 60 percent to 70 percent to reflect the updated Storm Drainage Master Plan. However, the analysis of the facilities to be funded and the methodology utilized to Fee Program
Total Storm Drainage
Improvement Costs
Costs Attributed to
Other Funding Sources
Costs Attributable to
the Fee Program (1)
Fee Program
Administration
Santa Ana Watershed 47,555,701$ 35,223,937$ 12,331,764$ 606,721$ Newport Bay Watershed 64,998,695$ 40,148,707$ 24,849,988$ 1,230,031$ Total 112,554,397$ 75,372,645$ 37,181,752$ 1,836,752$ Notes:
1 Costs attributable to the fee program includes the portion of the City 's ex isting drainage fund balance that has not been allocated to CIP projects.

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calculate the maximum justifiable fee have been updated for this nexus study. The Storm Drain Master Plan developed a new stormwater model using the current Orange County Hydrology Manual guidance to develop the required facilities and the maximum justifiable fee was calculated using System Plan method rather than the planned facilities method to ensure future development funds their fair share of the system at buildout.

Table ES-2: Summary of Maximum Allowable Santa Ana Watershed Storm Drainage Fees

Table ES-3: Summary of Maximum Allowable Newport Bay Watershed Storm Drainage Fees

Proposed Fees Comparison with Existing Fees
Table ES-4 shows the comparison between the maximum allowable City of Costa Mesa Storm Drainage fees and the existing fees as well as the Existing Fees escalated by the Engineering News Record Construction Cost Index for Los Angeles (ENR) . The latter information is provided to show the increase that would have occurred had the fees been updated regularly since 2006. It is important to note that this comparison does not account for the additional subarea fees that may be applicable depending on the location of the development.

Land Use
Santa Ana
Watershed Fee
Program
Administration Fee
Total Santa Ana
Watershed Fee
Fee per Imperious Acre 104,580$ 5,229$ 109,809$ Residential (Fee per Acre)
Low Density Residential 52,290$ 2,615$ 54,905$ Medium Density Residential 73,206$ 3,660$ 76,866$ High Density Residential 83,664$ 4,183$ 87,847$ Non-Residential (Fee per Acre)
Commercial 94,122$ 4,706$ 98,828$ Industrial 94,122$ 4,706$ 98,828$ Land Use
Newport Bay
Watershed Fee
Program
Administration Fee
Total Newport Bay
Watershed Fee
Fee per Imperious Acre 90,490$ 4,525$ 95,015$ Residential (Fee per Acre)
Low Density Residential 45,245$ 2,262$ 47,507$ Medium Density Residential 63,343$ 3,167$ 66,510$ High Density Residential 72,392$ 3,620$ 76,012$ Non-Residential (Fee per Acre)
Commercial 81,441$ 4,072$ 85,513$ Industrial 81,441$ 4,072$ 85,513$ ATTACHMENT 1 / ATTACHMENT C
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Table ES-4: Maximum Allowable Fees Comparison to Existing Fees

Land Use
Existing Santa Ana
Watershed
Escalated Santa
Ana Watershed (1)
Maximum Santa
Ana Watershed
Percent Change
from Existing Fee
Percent Change
from Escalated Fee
Residential (Fee per Acre)
Low Density Residential 6,283$ 11,016$ 54,905$ 874% 498% Medium Density Residential 7,539$ 13,218$ 76,866$ 1020% 582% High Density Residential 10,052$ 17,624$ 87,847$ 874% 498% Non-Residential (Fee per Acre)
Commercial 11,309$ 19,828$ 98,828$ 874% 498% Industrial 11,309$ 19,828$ 98,828$ 874% 498% Notes:
1 Land Use
Existing Newport
Bay Watershed
Escalated Newport
Bay Watershed (1)
Maximum Newport
Bay Watershed
Percent Change
from Existing Fee
Percent Change
from Escalated Fee
Residential (Fee per Acre)
Low Density Residential 6,283$ 11,016$ 47,507$ 756% 431% Medium Density Residential 7,539$ 13,218$ 66,510$ 882% 503% High Density Residential 10,052$ 17,624$ 76,012$ 756% 431% Non-Residential (Fee per Acre)
Commercial 11,309$ 19,828$ 85,513$ 756% 431% Industrial 11,309$ 19,828$ 85,513$ 756% 431% Notes:
1 The ex isting fee w as escalated based on the change in the Engineering New s Record Construction Cost Index for Los Angeles from Nov ember 2006 to January 2025 (15,592.48 / 8,893.07).

The ex isting fee w as escalated based on the change in the Engineering New s Record Construction Cost Index for Los Angeles from Nov ember 2006 to January 2025 (15,592.48 / 8,893.07).

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Section 1 METHODOLOGY

METHODOLOGY
Imposed fees require various findings to ensure that a reasonable relationship exists between the fee amount and the cost of the facility or portion of the facility attributable to new development.

Several methodologies are available to determine fee amounts. The most common methodologies are defined by the “Impact Fee Nexus Study Template” prepared for the California Department of Housing and Community Development by Terner Center for Housing Innovation at UC Berkeley.

Choosing the appropriate methodology depends on the type of facility for which the fee is calculated and the availability of documentation to support the fee calculation. Following is a discussion of the methodologies available to calculate the separate fee components in this report.

Existing Inventory Method
The existing inventory method , also known as the “incremental method” uses a facility standard based on an analysis of the ratio of existing facilities to the demand on the facilities by the existing population serviced by those facilities (“existing service population”) on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development as a result of the fees being established based on the current facility standards serving current residents. In other words, if a deficiency exists in the current facility standards, new development is only required to fund the expansion of facilities at the currently provided standard, and the deficiency must be rectified by funding outside of the fee program. This method is often used when a long-range plan for new facilities is not available.

Planned Facilities Method
The planned facilities method calculates the proposed fee based on the ratio of planned facilities to the increase in demand associated with new development. This method is appropriate when planned facilities have been define by a long-range master plan or expenditure plan which includes specific facilities and cost estimates. As the Planned Facilities Method relies on a long-range master plan that may change as the plan is implemented, fees based on this methodology need to be regularly updated to remain consistent with the project lists and current plans.

System Plan Method
The system plan method utilizes an integrated approach to allocate the cost of existing facilities and the costs of planned facilities to the total development in the study area. This method is appropriate when calculating a systemwide fee in which new development will fund an integrated ATTACHMENT 1 / ATTACHMENT C
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system of facilities at the future standard attributable to new development. By spreading the costs of an integrated system incorporating the existing facilities and planned facilities costs to the total development in the study area, this ensures that new development only pays their proportional share of the total system costs and is not responsible for rectifying any existing deficiencies.

PROGRAM ADMINISTRATION
The City, with assistance from consultants, oversees the implementation and administration of the City of Costa Mesa Storm Drainage Impact Fee Program, consistent with the requirements of the Mitigation Fee Act. For both of the storm drainage watershed fees, a 5 percent (5%) Program Administration Fee is added to fund the costs of City’s management and ongoing fee program administration, collection, and reporting. This includes costs associated with City staff and consultant time, studies, and administration to support the program. Industry standard ranges from three to six percent (3-6%) for the administrative component of a development fee program based on research completed by Best, Best & Krieger and presented at the California Society of Municipal Finance Officers Orange County Chapter meeting in October of 2025 . The administrative functions of the Program Administration Fee include, but are not limited to, the following:
• Annual fee adjustments
• Annual fee reporting
• Additional fee reporting every five years
• Application and tracking of fee credits and reimbursements • Posting of nexus studies and fee schedules on the City’s website • Periodic nexus study updates
• Staff and consultant time related to fee preparation, collection, tracking, and administration

FUND BALANCE
The fund balances used throughout this analysis were based on the City’s reported storm drainage fee fund balances through Fiscal Year 2023-24. Table 1-1 displays the balances of the existing funds used within this study.

Table 1-1: City of Costa Mesa Impact Fee Fund Balance

Fee Program Total Impervious Acres
Existing Fund
Balance (1) (2)
Unallocated Fund
Balance (1) (2)
Santa Ana Watershed 1,941.74 951,442$ 194,639$ Newport Bay Watershed 2,453.67 1,202,286$ 245,955$ Total 2,153,728$ 440,594$
Notes:
1 2
Fund balance deriv ed from the City of Costa Mesa FY2024-25 Annual Comprehensiv e Financial Report.

Fund balance allocated to the Santa Ana and New port Bay Watersheds based of the total imperv ious acres in each w atershed.

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AB 602 AND FEE COLLECTION ALTERNATIVES
The City has historically charged fees for storm drainage on a per acre basis . As stated in the previous section for AB602, A nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development, unless the agency is able to make three additional findings.

The proposed fees will continue to be charged on a per acre basis, consistent with the current fee program. The following section discusses why square footage is not an appropriate metric to calculate the fees imposed on residential housing projects for the storm drainage fees:
• An explanation as to why square footage is not an appropriate metric to calculate fees imposed on housing development project. Storm drainage fees should be assessed based on the increase in impervious surface area, as this directly correlates with stormwater runoff. Square footage is not an appropriate metric because multi -story structures with identical footprints do not increase runoff proportionally to their total floor area. Fees that are calculated based on the estimated impervious surface , more accurately account for storm drainage impacts. Higher-density developments typically generate more impervious coverage per acre than lower -density developments, and the fee structure reflects this variation. Using impervious area as the basis for storm drainage fees ensures a hydraulically relevant and equitable assessment of storm drainage impacts. • An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development. The storm drainage fees are charged on a per acre basis with three different residential fee categories based on the density of development . The fees vary based on the impervious area each land use is expected to generate based on the per acre impervious factors included in the Storm Drain Master Plan. Because the fee is based on the additional impervious acres generated by each land use, this methodology provides a reasonable relationship between the amount of the fee charged and the burden posed by each development.
• That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees. The storm drainage fees are structured across various residential land use categories and reflect the relationship between density and impervious area. Higher-density developments typically have more units per acre with smaller unit size s. Charging fees by acre results in a lower cost per-unit than larger, detached single family residential units which aligns with the expected stormwater generation. The fee calculation is based on the estimated impervious acreage associated with each land use category, ensuring that the fees are proportional to the impacts created by the project . By utilizing a n impervious acreage methodology for determining the fee, smaller developments are not charged disproportionate fees.

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Section 2 LAND USE ASSUMPTIONS

LAND USE TYPES
To ensure a reasonable relationship between each fee and the type of development paying the fee, different land use types must be distinguished. The land use categories used in this analysis were derived from the City of Costa Mesa General Plan and are defined below. • Low Density Residential: Detached single-family dwelling units. Includes very low density, low density, and age-restricted units containing less than 8 units per acre. • Medium Density Residential: Intended to support single and multi -family developments with a density of up to 12 units per acre.
• High Density Residential: Intended for residential development with a density of up to 20 units per acre.
• Accessory Dwelling Unit (ADU): A second unit, attached or detached from a SFR. • Commercial: All commercial, retail, educational, and mixed-use development. • Industrial: All research and development, manufacturing, and warehouse development.

For purposes of fee calculation , land uses are subject to fees based on the density of the development. For example, the medium density residential fee will be charged for development densities between 8 and 12 units per acre.

Some developments may include more than one land use type, such as an industrial warehouse with living quarters (a live -work designation) or a mixed-use development with both Retail and Residential land uses. In these cases, the fees will be calculated separately for each land use type.

Note that an Accessory Dwelling Unit (ADU) is defined as a second unit, attached, or detached from a Single Family Residential (SFR) unit.

GROWTH FORECASTS
Growth projections are used as indicators of demand. In terms of a storm drainage network demand is categorized as impervious area. The City’s existing land uses, as well as the City’s land use projections at buildout, are critical assumptions used throughout the fee sections that follow in this report. The following resources were used as part of this analysis:
• Existing land use data was provided by the City’s Community Development Department. • Future land use projections were derived from the Storm Drain Master Plan that were based on the City’s 2035 General Plan and updated to incorporate the City’s certified 6 th Cycle Housing Element

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Table 2-1: Projected Future Land Use – Santa Ana Watershed

Table 2-2: Projected Future Land Use – Newport Bay Watershed

Figure 2-1 illustrates the City of Costa Mesa City limits and both of the City’s watershed areas :

The Santa Ana and Newport Bay watersheds.

Land Use Acres (1)
Residential
Low Density Residential 1,374.18
Medium Density Residential 272.82
High Density Residential 357.17
Non-Residential
Commercial 375.63
Industrial 488.74
Notes:
1 Future Land Uses is the Santa Ana Watershed w ere deriv ed from the City of Costa Mesa 2035 General Plan, the City of Costa Mesa Housing Element and the Storm Drainage Master Plan prepared by Q3.

Land Use Acres (1)
Residential
Low Density Residential 989.83
Medium Density Residential 448.11
High Density Residential 464.55
Non-Residential
Commercial 669.47
Industrial 745.45
Notes:
1 Future Land Uses is the New port Bay Watershed w ere deriv ed from the City of Costa Mesa 2035 General Plan, the City of Costa Mesa Housing Element and the Storm Drainage Master Plan prepared by Q3.

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Figure 2-1: City of Costa Mesa Watersheds Map
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Section 3 SANTA ANA WATERSHED STORM

DRAINAGE FEE

BACKGROUND
The City has two major watersheds, the Santa Ana and Newport Bay Watersheds. This section focuses specifically on the Santa Ana Watershed.

The Santa Ana Watershed Storm Drainage Fee is collected for the purpose of maintaining and expanding the capacity of the City’s storm drainage system within the Santa Ana Watershed. The Santa Ana Watershed Storm Drainage Fee is calculated using the System Plan Method. The System Plan Method uses an integrated system methodology where the total storm drainage system cost (existing facilities plus future improvements) is divided by the total storm drainage demand, expressed in impervious acres, on the system (existing users and future users ). Under this approach, new development funds the expansion of facilities at a proportional rate to the facilities funded by existing development . By definition, the System Plan Method ensures that no facility deficiencies are spread to future development. In other words, if a deficiency exists in the current facility standards, new development is only required to buy into the existing storm drainage system capacity and fund their fair share of the future storm drainage facilities at the same cost per impervious acre as existing development, and the deficiency must be rectified by funding outside of the fee program . Future Development within the City will pay a storm drainage impact fee at building permit issuance to buy into the City’s existing storm drainage system and to fund their fair share of the system expansion projects described in this section.

The Storm Drain Master Plan subdivided the City into four subareas for the purpose of modeling a 25 -year/24-hour storm event using a rain -on-grid approach in accordance with the Orange County Hydrology Manual. Using the results of the modeling of each suba rea, the Storm Drain Master Plan r ecommended improvements for each model area focusing on flood control and proposing sustainable design methodologies and/or green infrastructure. The North and a portion of the West subareas are within the Santa Ana region al watershed, and the Storm Drain Master Plan modelling identified twenty -one (21) proposed drainage improvement projects to mitigate flooding in conjunction with the existing storm drainage system. These improvements are comprised of construction of new pipes, upsizing of existing pipes, replacement of existing pipes to maintain stormwater capacity and regional stormwater quality improvements. A total of 2% of the costs associated with the corrugated metal pipe replacement has been removed to account for the overlap in linear footage associated with planned upsizing projects. The proposed facilities in the fee program are sys tem backbone improvements that serve the Santa Ana Watershed and do not include on -site infrastructure required by specific development projects. Each development project will be required to construct the specific on -site improvements required to serve their project.

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SERVICE POPULATION
Demand for services and the associated facilities for storm drainage facilities are based on the additional impervious acreage that will be generated by new growth in the City through buildout.

Impervious surfaces are those that do not allow water to pass through. Impervious acreage is used in the calculation of the Storm Drainage Fee to ensure the relationship between the planned storm drainage facilities the fee will be expended on is related to the impact new development will have on the storm drainage system.

COST SUMMARY AND CIP
The Santa Ana Watershed Storm Drainage Fee will fund the expansion of storm drainage facilities in the Santa Ana Watershed. Table A-1 in Appendix A will also serve as the Santa Ana Watershed Fee Capital Improvement Plan (CIP) list as required by AB 602, which includes the facilities shown in Table 3-1 which summarizes the future Santa Ana Watershed storm drainage facilities and project costs identified in the Storm Drain Master Plan . Costs were developed based on the current markets on a linear foot basis and include costs for excavation, shoring, bedding, backfill, compaction, removal of excess material, trench resurfacing as well as contingency costs for mobilization, engineering design, surveying, traffic control, e nvironmental permitting, and construction management. Table 3-2 summarizes the City’s existing storm drainage facilities and estimated value within the service area of the Santa Ana Watershed , derived from the hydraulic model utilized in the development of the Storm Drain Master Plan.

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Table 3-1: Santa Ana Watershed Future Improvements Summary

Facility Location Total Cost (1)
North Zone
Harbor Blvd. Line N1 Install 24 & 36 Inch RCP (w/ Surface Restoration) 1,511,757.88$ Watson Avenue Line N2 Install 18-inch RCP (w/ Surface Restoration) 1,760,864.86$ McKinley Way Line N3 Install 18, 30, & 36 Inch RCP (w/ Surface Restoration) 3,708,777.44$ Wimbledon Way Line N4 Install 18 & 36 Inch RCP (w/ Surface Restoration) 1,656,265.63$ Iowa Street (Inlets Only) - East Side Line N4 Install 18-inch RCP (w/ Surface Restoration) 450,234.92$ Gisler Ave Line N6 Install 18-inch RCP 613,751.14$
Iowa Street - West Side Line N7 Catch Basin Inlets (28' L) 75,387.50$ Mesa Verde Dr. Line N8 Install 18-inch RCP (w/ Surface Restoration) 1,038,999.40$ Kornat Drive Line N9 Catch Basin Inlets (21'L) 69,275.00$ Subtotal North Zone Storm Drainage Improvements 10,885,313.76$ West Zone
Fairview Park, Upper Canyon SD. Line W1 Install 18-inch RCP 1,238,096.25$ Canyon Storm Drain Line W2 Install 24, 36 & 48 Inch RCP (w/ Surface Restoration) 3,253,575.16$ East Canyon Park Line W3 Install 18, 24 & 36 Inch RCP (w/ Surface Restoration) 1,274,215.81$ 16th St./Newport Blvd. Line W6 Install 30-inch RCP (w/ Surface Restoration) 1,098,031.03$ 19th & 18th Street SD Line W7 & W8 Install 18-inch RCP (w/ Surface Restoration) 2,381,577.96$ Fairview Channel South Model Line W9 Install 18, 24, 42, & 48 Inch RCP (w/ Surface Restoration) 12,820,545.93$ West of Harbor Blvd. Line W10 Install 18 & 24 Inch RCP (w/ Surface Restoration) 1,099,321.26$ North of Fairview Channel Line W11 Install 18, 24, & 48 Inch RCP (w/ Surface Restoration) 1,695,084.29$ Subtotal West Zone Storm Drainage Improvements 24,860,447.68$ Regional Stormwater Quality Improvements
Wilson Park Water Quality Improvements to Meet MS4 Regulations 2,538,000.00$ Canyon Park Water Quality Improvements to Meet MS4 Regulations 6,067,000.00$ Hydrodynamic Separator - Placentia Avenue Hydrodynamic Separator 560,900.00$ Subtotal Regional Stormwater Quality Improvements 9,165,900.00$ Corrugated Metal Pipe Replacement
Various Locations (2) Replace Corrugated Metal Pipe Like in Kind to Retain Water Quality 2,644,040.00$ Subtotal Corrugated Metal Pipe Replacement Improvements 2,644,040.00$ Total Santa Ana Watershed Storm Drainage Improvements 47,555,701.44$ Notes:
1 Future facilities and associated costs are inclusiv e of a soft cost markup of 10% and are deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3. 2 Corrugated Metal Pipe Replacement costs reduced by tw o percent to account for the ov erlapping linear footage w ith upsizing projects.

Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 3-2: Santa Ana Watershed Existing Facility Inventory and Summary Pipe Size (1) Linear Footage Cost per LF (2) Total Cost Existing Pipes
18-Inch 13,919.55 452.52$ 6,298,840.48$ 21-Inch 2,525.83 468.17$ 1,182,523.18$ 24-Inch 13,239.98 514.22$ 6,808,320.04$ 27-Inch 3,781.03 601.94$ 2,275,937.58$ 30-Inch 6,961.12 586.22$ 4,080,717.93$ 33-Inch 4,113.73 735.70$ 3,026,470.72$ 36-Inch 11,878.54 658.21$ 7,818,543.01$ 39-Inch 766.72 869.46$ 666,634.89$ 42-Inch 15,840.09 925.60$ 14,661,646.63$ 45-Inch 1,372.10 1,003.23$ 1,376,528.33$ 48-Inch 11,721.44 1,069.59$ 12,537,100.73$ 51-Inch 4,288.11 1,136.99$ 4,875,544.47$ 54-Inch 8,291.26 1,234.14$ 10,232,569.22$ 57-Inch 1,646.98 1,270.75$ 2,092,902.12$ 60-Inch 8,228.47 1,522.10$ 12,524,591.00$ 63-Inch 3,155.51 1,404.52$ 4,431,974.15$ 66-Inch 4,029.57 1,471.40$ 5,929,112.82$ 69-Inch 1,211.02 1,538.28$ 1,862,890.30$ 72-Inch 8,141.07 1,707.23$ 13,898,643.64$ 78-Inch 2,063.60 1,738.93$ 3,588,450.80$ 90-Inch 1,622.64 2,006.45$ 3,255,749.52$ 96-Inch 3,699.29 2,140.22$ 7,917,288.78$ 114-Inch 1,912.19 2,541.51$ 4,859,848.92$ Subtotal Santa Ana Watershed Existing Pipes 136,202,829.26$ Existing Structures
Curb Inlets 509.00 22,000.00$ 11,198,000.00$ Drop Inlets 15.00 22,000.00$ 330,000.00$ Grate Inlet 26.00 22,000.00$ 572,000.00$ Inlet 11.00 22,000.00$ 242,000.00$ Headwall 6.00 8,000.00$ 48,000.00$ Junction 171.00 15,000.00$ 2,565,000.00$ Manhole 263.00 15,000.00$ 3,945,000.00$ Outlet 51.00 8,000.00$ 408,000.00$ Subtotal Santa Ana Watershed Existing Structures 19,308,000.00$ Total Santa Ana Watershed Existing Storm Drainage Improvements 155,510,829.26$ Notes:
1 Ex isting storm drainage pipe diameters and lengths deriv ed from the City of Costa Mesa's GIS Database maintained by the Public Works Department. 2 Ex isting facilities costs per unit deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Source:

City of Costa Mesa Public Works Department.

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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FEE METHODOLOGY
The Santa Ana Watershed Storm Drain Fee uses the System Plan methodology for calculating the fee. As stated in the “Impact Fee Nexus Study Template” prepared for the California Department of Housing and Community Development by Terner Center for Housing Innovation at UC Berkeley, the System Plan Method “Estimates the costs for an integrated system of existing and future facilities.”
In order to distribute the share of storm drainage system costs to each land use type, the total storm drainage demand of the Santa Ana Watershed through buildout must be calculated. The storm drainage demand factors in terms of impervious acres were sourced from the Storm Drain Master Plan. These demand factors are summarized in Table 3-3.

Table 3-3: Impervious Factors

The estimated impervious factors per acre for each land use are then multiplied by the existing land use in the Santa Ana Watershed to calculate existing impervious acres in the Santa Ana Watershed as shown in Table 3-4. These impervious acres are added to future development’s impervious acres as shown in Table 3-5 to determine the total impervious acres in in the Santa Ana Watershed under buildout conditions are as shown in Table 3-6.

Land Use
Estimated Impervious
Factor per Acre
Residential
Low Density Residential 0.50
Medium Density Residential 0.70
High Density Residential 0.80
Non-Residential
Commercial 0.90
Industrial 0.90
Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 3-4: Existing Santa Ana Watershed Impervious Acres

Table 3-5: Future Santa Ana Watershed Impervious Acres

Land Use
Estimated Impervious
Factor per Acre Acres Impervious Acres
Residential
Low Density Residential 0.50 1,430.74 715.37
Medium Density Residential 0.70 522.99 366.09
High Density Residential 0.80 3.26 2.61
Subtotal Residential 1,084.07
Non-Residential
Commercial 0.90 574.12 516.71
Industrial 0.90 249.92 224.93
Subtotal Non-Residential 741.64
Total Existing Santa Ana Watershed Impervious Acres 1,825.71 Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Land Use
Estimated Impervious
Factor per Acre Acres Impervious Acres
Residential
Low Density Residential 0.50 -56.56 -28.28
Medium Density Residential 0.70 -250.17 -175.12
High Density Residential 0.80 353.91 283.13
Subtotal Residential 79.73
Non-Residential
Commercial 0.90 -198.49 -178.64
Industrial 0.90 238.82 214.94
Subtotal Non-Residential 36.30
Total Future Santa Ana Watershed Impervious Acres 116.03 Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 3-6: Buildout Santa Ana Watershed Impervious Acres

The total Santa Ana Watershed storm drainage system valuation is calculated by taking the City’s existing storm drainage improvements for the Santa Ana Watershed and adding in the planned storm drainage improvements for the Santa Ana Watershed . The cost per impervious area is calculated by dividing the total Santa Ana Watershed system valuation by the total impervious acres in the Santa Ana Watershed through buildout. Table 3-7 calculates the maximum justifiable fee per impervious acre.

Land Use
Estimated Impervious
Factor per Acre Acres Impervious Acres
Residential
Low Density Residential 0.50 1,374.18 687.09
Medium Density Residential 0.70 272.82 190.98
High Density Residential 0.80 357.17 285.73
Subtotal Residential 1,163.80
Non-Residential
Commercial 0.90 375.63 338.07
Industrial 0.90 488.74 439.87
Subtotal Non-Residential 777.94
Total Buildout Santa Ana Watershed Impervious Acres 1,941.74 Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 3-7: Santa Ana Watershed Improvements Maximum Justifiable Cost per Impervious Acre Calculation

FEE SUMMARY
The Santa Ana Watershed Storm Drainage Fee is based on new development’s fair share of the facilities identified for the Santa Ana Watershed in the Storm Drain Master Plan and to buy-in to the City’s existing storm drainage facilities for the Santa Ana Watershed.

The Santa Ana Watershed Storm Drainage Fee is calculated using the cost per impervious acre from Table 3-7. The Santa Ana Watershed Storm Drainage Fee per impervious acre is then multiplied by the impervious factor for each land use to calculate a fee per acre . Table 3-8 summarizes the Santa Ana Watershed Storm Drainage Fee.

Description Value
Estimated Future Santa Ana Watershed Project Costs (1)
North Zone 10,885,314$
West Zone 24,860,448$
Regional Water Quality Projects 9,165,900$
Corrugated Metal Pipe Replacement 2,644,040$
Total Santa Ana Watershed Storm Drainage Improvements 47,555,701$ Existing Pipes (2) (3) 155,510,829$
Total Santa Ana Watershed System Value 203,066,531$
Total Impervious Acres at Buildout 1,941.74
Maximum Justifiable fee per Impervious Acre 104,580$
Notes:
1 2
3 Source:

City of Costa Mesa Public Works Department.

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Ex isting storm drainage pipe diameters and lengths deriv ed from the City of Costa Mesa's GIS Database maintained by the Public Works Department.

Future facilities and associated costs deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Ex isting facilities costs per unit deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 3-8: Santa Ana Watershed Storm Drainage Fee

FEE APPLICABILITY
The Santa Ana Watershed Storm Drainage Fee is imposed on future development in the following cases:

1. New development proposes an improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross impervious percentage of the parcel as a result of such improvement exceeds the impervious factor for that land use, as shown in Table 3-3. The additional impervious gross square footage of the parcel exceeding the impervious factor for that land use is subject to a drainage fee based on the following formula:
a. Fee = Gross acreage exceeding the impervious factor threshold for that land use acreage x Fee per Impervious Acre

2. New development proposed on vacant land is subject to a drainage fee based on the following formula:
a. Fee = Gross Parcel Acreage x Fee per Land Use

3. For land use changes, where the impervious factor for the future land uses as identified in Table 3-3 is greater than the impervious factor of the existing land use as identified in Table 3-3, the development is subject to a drainage fee based on the following formula:
a. Fee = (Drainage Fee per Acre of Future Land Use – Drainage Fee per Acre of Existing Land Use) x Gross Parcel Acreage
The Santa Ana Watershed Storm Drainage Fee is not imposed on future development in the following cases:

1. For accessory dwelling units (ADU) less than 750 square.

Land Use
Fee Per Impervious
Acre
Impervious
Factor Fee per Acre
Administration
Fee (5%)
Total Fee per
Acre
Residential
Low Density Residential 104,580$ 0.50 52,290$ 2,615$ 54,905$ Medium Density Residential 104,580$ 0.70 73,206$ 3,660$ 76,866$ High Density Residential 104,580$ 0.80 83,664$ 4,183$ 87,847$ Non-Residential
Commercial 104,580$ 0.90 94,122$ 4,706$ 98,828$ Industrial 104,580$ 0.90 94,122$ 4,706$ 98,828$ ATTACHMENT 1 / ATTACHMENT C
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2. For reconstruction of existing structures in the event of a disaster where the reconstruction does not increase the impervious area of the parcel.

3. For land use changes where the impervious coefficient for the future land use as identified in the Master Plan of Drainage is less than the impervious coefficient of the existing land use.

CAPITAL IMPROVEMENT PROJECTS AND REVENUE PROJECTIONS
Table 3-9 summarizes the potential fee revenue from the projected future development identified in Table 3-5. The revenue collected from the Santa Ana Watershed Storm Drainage Fee will be available to expand the Santa Ana Watershed’s storm drainage system to meet the needs of new residents in the Santa Ana Watershed.

Table 3-9: Projected Santa Ana Watershed Storm Drainage Fee Revenue Table A-1 in Appendix A will also serve as the Storm Drainage Fee CIP list as required by AB 602, which includes the facilities shown in Table 3-1. Table 3-1 identifies the planned facilities that will be funded in part by the Santa Ana Watershed Storm Drainage Fee. These facilities were identified in the Storm Drain Master Plan as necessary to serve the Santa Ana Watershed at buildout. The City will use the CIP facilities identified here to guide their five -year Capital Improvement Plan budget based upon City needs and timing of securing adequate revenue.

Table 3-10 details the proportional allocation of Santa Ana Watershed Storm Drainage fee revenue from the projected future development shown in Table 3-5 to the proposed Santa Ana Watershed Storm Drainage facilities shown in Table 3-1.

Table 3-10: Proportional Allocation of Anticipated Fee Revenue to Proposed Santa Ana Watershed Storm Drainage Facilities

Land Use
Proposed
Fee
Anticipated
Growth
(Acres)
Anticipated Fee
Collection at
Buildout (1)
Administration
Fee
Unallocated
Existing Fund
Balance
Total Anticipated Fee
Collection at
Buildout (1)
Santa Ana Watershed 104,580$ 116 12,134,417$ 606,721$ 194,639$ 12,935,777$ Total 12,935,777$
Notes:
1 Total anticipated fee rev enue may differ slightly from cost attributable to fee program due to rounding.

Description
Impervious
Acres
Proportion of
Impervious Acres
Proportional Share of
Buildout Facilities (1)
Anticipated Buildout
Facilties Funding (2)
Anticipated Funding
Share of Buildout
Facilities CIP Funding (2) (3)
Existing Development 1,825.71 94.02% 190,932,151.46$ 190,932,113.30$ 94.02% 35,421,284.04$ Future Development 116.03 5.98% 12,134,379.25$ 12,134,417.40$ 5.98% 12,134,417.40$ Total 1,941.74 100.00% 203,066,530.70$ 203,066,530.70$ 100.00% 47,555,701.44$ Notes:
1 The proportional share of buildout facilities deriv ed by multiply ing the proportion of imperv ious acres generated by the buildout storm drainage sy stem v aluation. 2 3 Future dev elopment's fair share of the CIP w ill not be utilized to rectify any deficiencies in the City 's ex isting facilities.

Ex isting Dev elopment's fair share of the CIP projects w ill be deriv ed from a combination of general fund contributions, grants, sales tax measures or other eligible funding sources as established by the City .

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EXISTING AND PROPOSED LEVEL OF SERVICE
AB 602 states, “When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service and include an explanation of why the new level of service is appropriate.” The required findings are as follows.

Identification of the Existing Level of Service
A standard of service refers to adopted policies in law or practice that are either in place for a particular service or are intended to be. There must be sufficient capacity in the storm drainage systems to provide a consistent level of service for all customers at the appropriate service standard. When the existing standards of service are not being met, a deficiency exists.

Per the City’s Storm Drainage Master Plan adopted in 2024, the City maintains a storm drainage system that outfalls in two locations, the Santa Ana Rive and Newport Bay. These drainage sheds are further divided into four subareas, north, west, east (north) and east (south). The City conveys stormwater from these subareas to the outfall locations utilizing o pen channels, closed conduits, catch basins, laterals, manholes, pump stations, and other related facilities. The total length of existing pipelines is approximately 65,150 linear feet or approximately 12.34 miles. As described in the 2024 Storm Drainage Master Plan, a majority of the City’s existing storm drainage network does not have the capacity to accommodate stormwater flows under 25-year storm events. The specific locations where the City is not able to accommodate the stormwater runoff from a 25-year storm event is summarized in Appendix C and Appendix D of the 2024 Storm Drainage Master Plan. The upgrade of the storm drainage infrastructure to acco mmodate the 25 -year storm event under current conditions will be funded by existing development’s fair share of the Storm Drainage Master Plan’s CIP.

Identification of the Proposed Level of Service and Rationale The Government Code states that the Nexus Study, if appropriate, shall identify the proposed new level of service and include an explanation of why the new level of service is appropriate. Under the System Plan Methodology, the City’s storm drainage level of service is defined as meeting the capacity requirements for a 25-year/24-hour design storm event using a rain-on-grid approach, as established in the Orange Cunty Hydrology Manual, while also ensuring the protection of property and maintaining one “dry” lane of travel within a street to allow for emergency vehicles to have access for collector streets and two “dry” lanes for major arterial streets. Under this approach, the City’s storm drainage fee is based on an integrated system of existing and planned storm drain facilities, with the future standard attributable to new development calculated by dividing the value of the existing system plus the cost of planned improvements by total horizon -year impervious acres.

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Utilizing the proposed level of service is appropriate because:
• It establishes a consistent cost per impervious acres for both existing and future development.
• It ensures new development contributes its proportional fair share of the storm drainage facilities required to mitigate the additional runoff generated by future increases in impervious surface area.
• If new development did not provide funding to mitigate their storm water runoff at the same cost per impervious acre as the costs attributable to existing development, the level of service would decrease citywide and negatively impact both existing and fut ure development through an increase in flood events.
• The System Plan Methodology ensures that new development is not required to remedy existing deficiencies.

Because the proposed City of Costa Mesa’s Santa Ana Watershed Storm Drainage fee is utilizing the System Plan Methodology, which calculates the proposed fee utilizing the total value of the existing improvements plus the cost of future improvements and subsequently dividing by the total impervious acres at buildout, future development funds an integrated system of facilities at the future standard applicable to new development. Since the System Plan Method spreads the totality of storm drainage improvements based on the total impervious acres at the horizon year, existing deficiencies are by definition not being spread to future development and new development is not funding a higher level of service that is applied to existing development.

Existing deficiencies identified in Appendix C and Appendix D of the 2024 Storm Drainage Master Plan are not attributable to new development and therefore are not included in the proportional share assigned to future development. New development will fund only its fair share of system expansions needed to serve horizon -year impervious acreage. This propor tionate share of the systemwide improvements attributed to existing development, approximately 94.02% of the buildout improvements as shown in Table 3-10, will be funded by a combination of alternative funding sources including but not limited to, the City’s General Fund, grants and special tax assessments.

The planned capital projects in Table 3-1 were identified in the Storm Drainage Master Plan to either maintain existing levels of service as growth occurs or to not perpetuate deficiencies.

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NEXUS REQUIREMENT SUMMARY
AB 1600 requires that public agencies satisfy five requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project. The required findings are as follows.

Requirement 1: Identify the purpose of the fee.

The purpose of the Santa Ana Watershed S torm Drainage Fee is to fund the facilities that are necessary to convey stormwater runoff from the increased impervious area created by future development in the Santa Ana Watershed to the outfall in the Santa Ana River. To accommodate this increased stormwater runoff, new facilities must be built and/or existing facilities expanded as identified in the 2024 Storm Drain Master Plan and shown in Appendix A, as amended under Government Code 66002.

Requirement 2: Identify the use of the fee.

The Santa Ana Watershed Storm Drainage Fee will be used to fund a portion of the storm drainage projects shown in Table 3-1. These storm drainage projects were identified in the Storm Drain Master Plan , as the facilities required to mitigate storm drainage run -off in the Santa Ana Watershed which ensures that new development has adequate capacity in the storm drainage system to handle the additional stormwater runoff.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The Santa Ana Watershed S torm Drainage Fee will be used to fund a portion of the new storm drainage facilities and improvements identified in the Storm Drain Master Plan for the Santa Ana Watershed as shown in Appendix A, as amended under Government Code 66002. The fee for each development project is calculated based on the estimated impervious area added by each land use type. This correlation ensures that the fee is equal to the stormwater runoff generated by that specific land use. The EDU calculations based on the impervious factor for each land use are shown in Table 3-3. The fee calculations are shown in Table 3-7 and Table 3-8.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

New development requires sufficient capacity in the storm drainage system to convey stormwater runoff created by the increased impervious area within the Santa Ana Watershed. Ensuring there is sufficient capacity to accommodate stormwater runoff in the Santa Ana Watershed storm drainage system requires the construction of new storm drainage lines or upsizing existing storm drainage lines. Each new residential and non-residential development pays an impact fee based on ATTACHMENT 1 / ATTACHMENT C
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Storm Drainage Impact Fee Nexus Study 35 February 2026 City of Costa Mesa
the amount of impervious area it is expected to add to the Santa Ana Watershed. This calculation is shown in Table 3-7 and Table 3-8.

Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

The storm drainage improvements required to ensure new development in the Santa Ana Watershed service area has sufficient capacity to convey stormwater runoff are shown in Table 3-1. Land use projections were identified for the buildout of the City and impervious acres were calculated based on the estimated impervious factors for the various land uses as shown in Table 3-3.

To ensure that each land use only pays their fair share of the storm drainage improvements in the Santa Ana Watershed , based on their impervious acres generated, the total system valuation including existing improvements and identified necessary future improvements were spread to the total impervious acres in the Santa Ana Watershed as shown in Table 3-7, to calculate the maximum justifiable fee per impervious acre. The calculation to spread the fair share system costs per impervious acre over the various land uses is shown in Table 3-8. The fee methodology ensures that each land use only pays for their fair share of capacity in the storm drainage system based on the amount of impervious acres estimated for that land use.

New development accounts for approximately 5.98% of the buildout acres of impervious surface area therefore, new development is funding 5.98% of the total buildout storm drainage network valuation (5.98% of $203.1M which equals $12.1 million). This reflect s the proportional share attributable to growth. Therefore, new development is projected to fund approximately $12.1 million of the total $47.5 million in programmed facility improvements. The remaining $35.42 million in required funding will be derived from a combination of other funding sources including but not limited to general fund contributions, special tax assessments and grants as shown in Table 3-10.

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Section 4 NEWPORT BAY WATERSHED STORM

DRAINAGE FEE

BACKGROUND
The City has two major watersheds, the Santa Ana and Newport Bay Watersheds. This section focuses specifically on the Newport Bay Watershed.

The Newport Bay Watershed Storm Drainage Fee is collected for the purpose of maintaining and expanding the capacity of the City’s storm drainage system within the Newport Bay Watershed .

The Newport Bay Watershed Storm Drainage Fee is calculated using the System Plan Method.

The System Plan Method uses an integrated system methodology where the total storm drainage system cost (existing facilities plus future improvements) is divided by the total storm drainage demand, expressed in impervious acres, on the system (existing users and future users). Under this approach, new development funds the expansion of facilities at a proportional rate to the facilities funded by existing development . By definition, the System Plan Method ensures that no facility deficiencies are spread to future development. In other words, if a deficiency exists in the current facility standards, new development is only required to buy into the existing storm drainage system capacity and fund their fair share of the future storm drainage facilities at the same cost per impervious acre as existing development, and the deficiency must be rectified by funding outside of the fee program . Future Development within the City will pay a storm drainage impact fee at building permit issuance to buy into the City’s existing storm drainage system and to fund their fair share of the system expansion projects described in this section.

A total of 2% of the costs associated with the corrugated metal pipe replacement has been removed to account for the overlap in linear footage associated with planned upsizing projects. The proposed facilities in the fee program are system backbone improvements that serve the Newport Bay Watershed and do not include on-site infrastructure required by specific development projects.

Each development project will be required to construct the specific on-site improvements required to serve their project.

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COST SUMMARY AND CIP
The Newport Bay Watershed Storm Drainage Fee will fund the expansion of storm drainage facilities in the Newport Bay Watershed. Table A-1 in Appendix A will also serve as the Newport Bay Watershed Storm Drainage Fee Capital Improvement Plan (CIP) list as required by AB 602, which includes the facilities shown in Table 4-1 which summarizes the future Newport Bay Watershed storm drainage facilities and project costs identified in the Storm Drain Master Plan .

Costs were developed based on the current market on a linear foot basis and include costs for excavation, shoring, bedding, backfill, compaction, removal of excess material, trench resurfacing as well as contingency costs for mobilization, engineering design, surveying, traffic control, environmental permitting, and construction management. Table 4-2 summarizes the City’s existing storm drainage facilities and estimated value within the service area of the Newport Bay Watershed, derived from the hydraulic model utilized in the development of the Storm Drain Master Plan.

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Table 4-1: Newport Bay Watershed Future Improvements Summary

Facility Description Total Cost
North East Zone
West Side Line E1N Install 51 Inch RCP (w/ Surface Restoration) and Appurtenant Facilities 3,500,456.16$ La Salle Avenue Line E2N Install 18, 24, 30, & 60 Inch RCP (w/ Surface Restoration) 3,298,726.39$ Drake Avenue Line E3N Install 18 & 24 Inch RCP (w/ Surface Restoration) 949,313.22$ Subtotal North East Zone Storm Drainage Improvements 7,748,495.77$ South East Zone
Santa Ana Ave. Central Line E1s Install 18, 24, 36, 48, & 72 Inch RCP (w/ Surface Restoration) 18,519,864.76$ Northwest of E1s Line E2s Install 18, 24, 36, & 42 Inch RCP (w/ Surface Restoration) 3,620,480.35$ Orange Ave/ Central Line E3s Install 18, 42, 60, & 84 Inch RCP (w/ Surface Restoration) 10,143,889.95$ East side of Newport Coast Line E4s Install 18, 24, 36, & 42 Inch RCP (w/ Surface Restoration) 5,127,020.81$ Del Mar Avenue Line E5s Install 42-inch RCP (w/ Surface Restoration) 886,897.51$ Irvine Avenue Line E6s Install 12, 18, & 24 Inch RCP (w/ Surface Restoration) 2,560,908.81$ E 18th Street Line E7s Install 12 & 18 Inch RCP (w/ Surface Restoration) 324,960.21$ Subtotal Storm Drainage Improvements 41,184,022.40$
West Zone
Pomona/17th Storm Drain - Local Alternatives Line W4 Install 18 & 36 Inch RCP (w/ Surface Restoration) 6,356,678.06$ East of Harbor Blvd. Line W5 Install 18 & 36 Inch RCP (w/ Surface Restoration) 1,542,318.94$ Subtotal Storm Drainage Improvements 7,898,997.00$
Regional Stormwater Quality Improvements
Lions Park Water Quaility Improvements to Meet MS4 Regulations 2,924,000.00$ Hydrodynamic Seperator - Harper Park/18th Street Hydrodynamic Seperator 450,000.00$ Subtotal Regional Stormwater Quality Improvements 3,374,000.00$ Corrugated Metal Pipe Replacement
Various Locations 2 Replace Corrugated Metal Pipe Like in Kind to Retain Water Quality 4,793,180.00$ Subtotal Corrugated Metal Pipe Replacement Improvements 4,793,180.00$ Total Newport Bay Watershed Storm Drainage Improvements 64,998,695.17$ Notes:
1 Future facilities and associated costs deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 4-2: Newport Bay Watershed Existing Facility Inventory and Summary Pipe Size (1)
Linear Footage
/ Quantity Unit Cost (2) Total Cost
Existing Pipes
18-Inch 25,275.27 452.52$ 11,437,500.49$ 20-Inch 253.55 451.36$ 114,439.24$ 21-Inch 2,583.61 473.92$ 1,224,437.49$ 24-Inch 23,700.74 514.22$ 12,187,502.24$ 26-Inch 172.40 586.76$ 101,158.05$ 27-Inch 1,376.81 609.33$ 838,931.77$ 30-Inch 8,399.91 586.22$ 4,924,162.53$ 33-Inch 6,122.81 744.74$ 4,559,892.20$ 36-Inch 14,418.01 658.21$ 9,490,038.50$ 39-Inch 1,215.43 880.15$ 1,069,755.21$ 42-Inch 6,640.36 925.60$ 6,146,346.66$ 45-Inch 3,044.39 1,015.55$ 3,091,737.78$ 48-Inch 13,127.00 1,069.59$ 14,040,468.34$ 51-Inch 2,808.22 1,150.96$ 3,232,147.39$ 54-Inch 17,665.16 1,234.14$ 21,801,258.17$ 57-Inch 3,339.12 1,286.37$ 4,295,331.98$ 60-Inch 6,451.98 1,522.10$ 9,820,586.89$ 63-Inch 1,138.82 1,421.77$ 1,619,140.02$ 66-Inch 6,128.83 1,489.48$ 9,128,743.75$ 69-Inch 1,750.00 1,557.18$ 2,725,065.79$ 72-Inch 2,411.34 1,707.23$ 4,116,692.72$ 78-Inch 1,867.00 1,760.29$ 3,286,463.20$ 84-Inch 1,503.72 2,126.83$ 3,198,160.28$ Subtotal Newport Bay Watershed Existing Pipes 132,449,960.69$ Existing Structures
Curb Inlets 607.00 22,000.00$ 13,354,000.00$ Drop Inlets 36.00 22,000.00$ 792,000.00$ Grate Inlet 32.00 22,000.00$ 704,000.00$ Inlet 26.00 22,000.00$ 572,000.00$ Headwall 4.00 8,000.00$ 32,000.00$ Junction 279.00 15,000.00$ 4,185,000.00$ Manhole 302.00 15,000.00$ 4,530,000.00$ Outlet 52.00 8,000.00$ 416,000.00$ Subtotal Newport Bay Watershed Existing Structures 24,585,000.00$ Total Newport Bay Watershed Existing Storm Drainage Improvements 157,034,960.69$ Notes:
1 Ex isting storm drainage pipe diamaters and lengths deriv ed from the City of Costa Mesa's GIS Database maintained by the Public Works Department. 2 Ex isting facilities costs per unit deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Source:

City of Costa Mesa Public Works Department.

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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FEE METHODOLOGY
The Newport Bay Watershed Storm Drain Fee uses the System Plan methodology for calculating the fee. As stated in the “Impact Fee Nexus Study Template” prepared for the California Department of Housing and Community Development by Terner Center for Housing Innovation at UC Berkeley, the System Plan Method “Estimates the costs for an integrated system of existing and future facilities.”
In order to distribute the share of storm drainage system costs to each land use type, the total storm drainage demand of the Newport Bay Watershed through buildout must be calculated. The storm drainage demand factors in terms of impervious acres were sourced from the Storm Drain Master Plan. These demand factors are summarized in Table 4-3.

Table 4-3: Impervious Factors

The estimated impervious factors per acre for each land use are then multiplied by the existing land use in the Newport Bay Watershed to calculate existing impervious acres in the Newport Bay Watershed as shown in Table 4-4. These impervious acres are added to future development’s impervious acres as shown in Table 4-5 to determine the total impervious acres in the Newport Bay Watershed as shown in Table 4-6.

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 4-4: Existing Newport Bay Watershed Impervious Acres

Table 4-5: Future Newport Bay Watershed Impervious Acres

Land Use
Estimated Impervious
Factor per Acre Acres Impervious Acres
Residential
Low Density Residential 0.50 1,090.43 545.21
Medium Density Residential 0.70 716.04 501.23
High Density Residential 0.80 73.94 59.15
Subtotal Residential 1,105.59
Non-Residential
Commercial 0.90 859.45 773.51
Industrial 0.90 336.34 302.71
Subtotal Non-Residential 1,076.22
Total Existing Newport Bay Watershed Impervious Acres 2,181.81 Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Land Use
Estimated Impervious
Factor per Acre Acres Impervious Acres
Residential
Low Density Residential 0.50 -100.60 -50.30
Medium Density Residential 0.70 -267.93 -187.55
High Density Residential 0.80 390.61 312.49
Subtotal Residential 74.64
Non-Residential
Commercial 0.90 -189.98 -170.98
Industrial 0.90 409.11 368.20
Subtotal Non-Residential 197.22
Total Future Newport Bay Watershed Impervious Acres 271.86 Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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Table 4-6: Buildout Newport Bay Watershed Impervious Acres

Land Use
Estimated Impervious
Factor per Acre Acres Impervious Acres
Residential
Low Density Residential 0.50 989.83 494.91
Medium Density Residential 0.70 448.11 313.68
High Density Residential 0.80 464.55 371.64
Subtotal Residential 1,180.23
Non-Residential
Commercial 0.90 669.47 602.53
Industrial 0.90 745.45 670.91
Subtotal Non-Residential 1,273.44
Total Buildout Newport Bay Watershed Impervious Acres 2,453.67 Notes:
1 Source:

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Imperv ious Factors based on the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

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The total Newport Bay Watershed storm drainage system valuation is calculated by taking the City’s existing storm drainage improvements for the Newport Bay Watershed and adding in the planned storm drainage improvements for the Newport Bay Watershed. The cost per impervious area is calculated by dividing the total Newport Bay Watershed system val uation by the total impervious acres in the Newport Bay Watershed through buildout . Table 4-7 calculates the maximum justifiable fee per impervious acre.

Table 4-7: Newport Bay Watershed Improvements Maximum Justifiable Cost per Impervious Acre Calculation

FEE SUMMARY
The Newport Bay Watershed Storm Drainage Fee is based on new development’s fair share of the facilities identified for the Newport Bay Watershed in the Storm Drain System Master Plan and to buy-in to the City’s existing storm drainage facilities for the Newport Bay Watershed.

The Newport Bay Watershed Storm Drainage Fee is calculated using the cost per impervious acre from Table 4-7. The Newport Bay Watershed Storm Drainage Fee per impervious acre is then multiplied by the impervious factor for each land use to calculate a fee per acre . Table 4-8 summarizes the Newport Bay Watershed Storm Drainage Fee.

Description Value
Estimated Future Newport Bay Watershed Project Costs (1) North East Zone 7,748,496$
South East Zone 41,184,022$
West Zone 7,898,997$
Regional Water Quality Projects 3,374,000$
Corrugated Metal Pipe Replacement 4,793,180$
Total Newport Bay Watershed Storm Drainage Improvements 64,998,695$ Existing Pipes (2) (3) 157,034,961$
Total Newport Bay Watershed System Value 222,033,656$
Total Impervious Acres at Buildout 2,453.67
Maximum Justifiable fee per Impervious Acre 90,490$
Notes:
1 2
3 Source:

City of Costa Mesa Public Works Department.

City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Ex isting facilities costs per unit deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Future facilities and associated costs deriv ed from the City of Costa Mesa 2024 Storm Drainage Master Plan prepared by Q3.

Ex isting storm drainage pipe diameters and lengths deriv ed from the City of Costa Mesa's GIS Database maintained by the Public Works Department.

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Table 4-8: Newport Bay Watershed Storm Drainage Fee

FEE APPLICABILITY
The Newport Bay Watershed Storm Drainage Fee is imposed on future development in the following cases:

1. New development proposes an improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross impervious percentage of the parcel as a result of such improvement exceeds the impervious factor for that land use, as shown in Table 4-3. The additional impervious gross square footage of the parcel exceeding the impervious factor for that land use is subject to a drainage fee based on the following formula:
a. Fee = Gross acreage exceeding the impervious factor threshold for that land use acreage x Fee per Impervious Acre

2. New development proposed on vacant land is subject to a drainage fee based on the following formula:
a. Fee = Gross Parcel Acreage x Fee per Land Use

3. For land use changes, where the impervious factor for the future land uses as identified in Table 3-3 is greater than the impervious factor of the existing land use as identified in Table 3-3, the development is subject to a drainage fee based on the following formula:
a. Fee = (Drainage Fee per Acre of Future Land Use – Drainage Fee per Acre of Existing Land Use) x Gross Parcel Acreage
The Newport Bay Watershed Storm Drainage Fee is not imposed on future development in the following cases:

1. For accessory dwelling units (ADU) less than 750 square.

Land Use
Fee Per Impervious
Acre
Impervious
Factor
Fee per
Acre
Administration
Fee (5%)
Total Fee per
Acre
Residential
Low Density Residential 90,490$ 0.50 45,245$ 2,262$ 47,507$ Medium Density Residential 90,490$ 0.70 63,343 $ 3,167$ 66,510$ High Density Residential 90,490$ 0.80 72,392 $ 3,620$ 76,012$ Non-Residential
Commercial 90,490$ 0.90 81,441 $ 4,072$ 85,513$ Industrial 90,490$ 0.90 81,441 $ 4,072$ 85,513$ ATTACHMENT 1 / ATTACHMENT C
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2. For reconstruction of existing structures in the event of a disaster where the reconstruction does not increase the impervious area of the parcel.

3. For land use changes where the impervious coefficient for the future land use as identified in the Master Plan of Drainage is less than the impervious coefficient of the existing land use.

CAPITAL IMPROVEMENT PROJECTS AND REVENUE PROJECTIONS
Table 4-9 summarizes the potential fee revenue from the projected future development identified in Table 4-5. The revenue collected from the Newport Bay Watershed Storm Drainage Fee will be available to expand the Newport Bay Watershed’s storm drainage system to meet the needs of new residents in the Newport Bay Watershed.

Table 4-9: Projected Newport Bay Watershed Storm Drainage Fee Revenue

Table A-1 in Appendix A will also serve as the Storm Drainage Fee CIP list as required by AB 602, which includes the facilities shown in Table 4-1. Table 4-1 identifies the planned of the facilities that will be funded in part by the Newport Bay Watershed Storm Drainage Fee. These facilities were identified in the Storm Drain Master Plan as necessary to serve the Newport Bay Watershed at buildout. The City will use the CIP facilities identified here to guide their five -year Capital Improvement Plan budget based upon City needs and timing of securing adequate revenue.

Table 4-10 details the proportional allocation of Newport Bay Watershed Storm Drainage fee revenue from the projected future development shown in Table 4-5 to the proposed Newport Bay Watershed Storm Drainage facilities shown in Table 4-1.

Table 4-10: Proportional Allocation of Anticipated Fee Revenue to Proposed Santa Ana Watershed Storm Drainage Facilities

Land Use
Proposed
Fee
Anticipated
Growth
(Acres)
Anticipated Fee
Collection at
Buildout (1)
Administration
Fee
Unallocated
Existing Fund
Balance
Total Anticipated Fee
Collection at
Buildout (1)
Newport Bay Watershed 90,490$ 272$ 24,600,611$ 1,230,031$ 245,955$ 26,076,597$ Total 26,076,597$
Notes:
1 Total anticipated fee rev enue may differ slightly from cost attributable to fee program due to rounding.

Description
Impervious
Acres
Proportion of
Impervious Acres
Proportional Share of
Buildout Facilities (1)
Anticipated Buildout
Facilties Funding (2)
Anticipated Funding
Share of Buildout
Facilities CIP Funding (2) (3)
Existing Development 2,181.81 88.92% 197,432,927.28$ 197,433,044.46$ 88.92% 40,398,083.77$ Future Development 271.86 11.08% 24,600,728.57$ 24,600,611.40$ 11.08% 24,600,611.40$ Total 2,453.67 100.00% 222,033,655.86$ 222,033,655.86$ 100.00% 64,998,695.17$ Notes:
1 The proportional share of buildout facilities deriv ed by multiply ing the proportion of imperv ious acres generated by the buildout storm drainage sy stem v aluation. 2 3 Future dev elopment's fair share of the CIP w ill not be utilized to rectify any deficiencies in the City 's ex isting facilities.

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EXISTING AND PROPOSED LEVEL OF SERVICE
AB 602 states, “W hen applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service and include an explanation of why the new level of service is appropriate.” The required findings are as follows.

Per the City’s Storm Drainage Master Plan adopted in 2024 , the City maintains a storm drainage system that outfalls in two locations, the Santa Ana Rive and Newport Bay. These drainage sheds are further divided into four subareas, north, west, east (north) and east (south). The City conveys stormwater from these subareas to the outfall locations utilizing open channels, closed conduits, catch basins, laterals, manholes, pump stations, and other related facilities. The total length of existing pipelines is approximately 65,150 linear feet or approximately 12.34 miles. As described in the 2024 Storm Drainage Master Plan, a majority of the City’s existing storm drainage network does not have the capacity to accommodate stormwater flows under 25 -year storm events. The specific locations where the City is not able to accommodate the stormwater runoff from a 25-year storm event is summarized in Appendix C and Appendix D of the 2024 Storm Drainage Master Plan. The upgrade of the storm drainage infrastructure to acco mmodate the 25 -year storm event under current conditions will be funded by existing development’s fair share of the Storm Drainage Master Plan’s CIP.

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Utilizing the proposed level of service is appropriate because:
• It establishes a consistent cost per impervious acres for both existing and future development.
• It ensures new development contributes its proportional fair share of the storm drainage facilities required to mitigate the additional runoff generated by future increases in impervious surface area.
• If new development did not provide funding to mitigate their storm water runoff at the same cost per impervious acre as the costs attributable to existing development, the level of service would decrease citywide and negatively impact both existing and fut ure development through an increase in flood events.
• The System Plan Methodology ensures that new development is not required to remedy existing deficiencies.

Because the proposed City of Costa Mesa’s Newport Bay Watershed Storm Drainage fee is utilizing the System Plan Methodology, which calculates the proposed fee utilizing the total value of the existing improvements plus the cost of future improvements and subsequently dividing by the total impervious acres at buildout, future development funds an integrated system of facilities at the future standard applicable to new development. Since the System Plan Method spreads the totality of storm drainage improvemen ts based on the total impervious acres at the horizon year, existing deficiencies are by definition not being spread to future development and new development is not funding a higher level of service that is applied to existing development.

Existing deficiencies identified in Appendix C and Appendix D of the 2024 Storm Drainage Master Plan are not attributable to new development and therefore are not included in the proportional share assigned to future development. New development will fund only its fair share of system expansions needed to serve horizon -year impervious acreage. This propor tionate share of the systemwide improvements attributed to existing development, approximately 88.92% of the future improvements as shown in Table 4-10,will be funded by a combination of alternative funding sources including but not limited to, the City’s General Fund, grants and special tax assessments.

The planned capital projects in Table 4-1 were identified in the Storm Drainage Master Plan to either maintain existing levels of service as growth occurs or to not perpetuate deficiencies.

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Requirement 1: Identify the purpose of the fee.

The purpose of the Newport Bay Watershed Storm Drainage Fee is to fund the facilities that are necessary to convey stormwater runoff from the increased impervious area created by future development in the Newport Bay Watershed to the outfall in Newport Bay. To accommodate this increased stormwater runoff, new facilities must be built and/or existing facilities expanded as identified in the 2024 Storm Drain Master Plan and shown in Appendix A, as amended under Government Code 66002.

Requirement 2: Identify the use of the fee.

The Newport Bay Watershed Storm Drainage Fee will be used to fund a portion of the storm drainage projects shown in Table 4-1. These storm drainage projects were identified in the Storm Drain Master Plan as the facilities required to mitigate the impact of new development in the Newport Bay Watershed to ensure that the new development would have adequate capacity in the storm drainage system to handle the additional stormwater runoff.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The Newport Bay Watershed Storm Drainage Fee will be used to fund a portion of the new storm drainage facilities and improvements identified in the Storm Drain Master Plan for the Newport Bay Watershed as shown in Appendix A, as amended under Government Code 66002. The fee for each development project is calculated based on the estimated impervious area added by each land use type. This correlation ensures that the fee is equal to the stormwater runoff generated by that specific land use. The EDU calculations based on the impervious factor for each land use are shown in Table 4-3. The fee calculations are shown in Table 4-7 and Table 4-8.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

New development requires sufficient capacity in the storm drainage system to convey stormwater runoff created by the increased impervious area within the Newport Bay Watershed. Ensuring there is sufficient capacity to accommodate stormwater runoff in the Newport Bay Watershed storm drainage system requires the construction of new storm drainage lines or upsizing existing storm drainage lines. Each new residential and non -residential development pays an impact fee ATTACHMENT 1 / ATTACHMENT C
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based on the amount of impervious area it is expected to add to the Newport Bay Watershed. This calculation is shown in Table 4-7 and Table 4-8.

The storm drainage improvements required to ensure new development in the Newport Bay Watershed service area has sufficient capacity to convey stormwater runoff are shown in Table 4-1. Land use projections were identified for the buildout of the City and impervious acres were calculated based on the estimated impervious factors for the various land uses as shown in Table 4-3.

To ensure that each land use only pays their fair share of the storm drainage improvements in the Newport Bay Watershed , based on their impervious acres generated, the total system valuation including existing improvements and identified necessary future improvements were spread to the total impervious acres in the Santa Ana Watershed as shown in Table 4-7, to calculate the maximum justifiable fee per impervious acre. The Newport Bay Watershed storm drainage fee calculation to spread the fair share system costs per impervious acre over the various land uses is shown in Table 4-8. The fee methodology ensures that each land use only pays for their fair share of capacity in the storm drainage system based on the amount of impervious acres estimated for that land use.

New development accounts for approximately 11.08% of the buildout acres of impervious surface area therefore, new development is funding 11.08% of the total buildout storm drainage network valuation (11.08% of $ 222M which equals $ 24.6 million). This reflects the proportional share attributable to growth. Therefore, new development is projected to fund approximately $ 24.6 million of the total $65 million in programmed facility improvements. The remaining $40.4 million in required funding will be derived from a combination of other funding sources including but not limited to general fund contributions, special tax assessments and grants as shown in Table 4-10.

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Section 5 IMPLEMENTATION AND ADMINISTRATION

IMPLEMENTATION
According to the California Government Code, prior to levying a new fee or increasing an existing fee, an agency must hold at least one open and public meeting with at least 30 days’ notice. In addition, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed.

At least ten days prior to th e meeting, the agency must make data on infrastructure costs and funding sources available to the public. Notice of the time and place of the meeting and a general explanation of the matter are to be published in accordance with Section 6062a of the Government Code, which states that publication of notice shall occur for ten days in a newspaper regularly published once a week or more. Two publications, with at least five days intervening between the dates of first and last publication not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day.

The new or increased fees shall be effective no earlier than 60 days following the final action on the adoption or increase of the fees. Following adoption of the fees, the fees and supporting information must be placed on the City’s website.

FEE PROGRAM ADMINISTRATIVE REQUIREMENTS
The Government Code requires the City to report every year and every fifth-year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year:

1. Brief description of the type of fee in the account or fund

2. Amount of the fee

3. Beginning and ending balance in the account or fund

4. Amount of fees collected, and the interest earned during the previous year

5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees

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collected to complete financing on an incomplete public improvement and the public improvement remains incomplete

7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan

8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
On October 11, 2023, California Governor Gavin Newson signed into law AB 516 which amended certain portions of the Mitigation Fee Act related to the annual and five -year reporting requirements. Under AB 516, Requirements 6 and 8 have been expanded to include the following:
6a. Identification of each public improvement identified in the previous report and whether construction began on the approximate date noted
6b. For previously identified projects that did not start construction on the approximate date in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction, if applicable 8a. For any refunds made, the number of persons or entities identified to receive those refunds
The City must make this information available for public review and must also present it at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public.

For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:

1. Identify the purpose to which the fee is to be put.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticipated to complete financing any incomplete improvements.

4. Designate the approximate dates on which funding in item (3) above is expected to be deposited into the fee account.

As with the annual disclosure, the five-year report must be made public within 180 days after the end of the City’s fiscal year and must be reviewed at the next regularly scheduled public meeting.

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FEE ADJUSTMENT PROCEDURES
The City of Costa Mesa Storm Drainage fees may be adjusted periodically to reflect revised facility requirements, receipt of funding from alternative sources (i.e., state or federal grants), revised facilities or costs, changes in demographics, changes in the average unit square footage, or changes in the land use plan. In addition, the fees will be automatically updated each year on July 1st based on the percentage change in the California Construction Cost Index ( CCI) from May of the previous year to the most recent May. The base index for the next update shall be the May 2026 CCI.

TIMING OF PAYMENT
Storm drainage fees will be collected pursuant to Title 15-71 of the City of Costa Mesa Municipal Code.

DESIGNATED RESIDENTIAL PROJECTS DEFERRED FEE PAYMENTS
California Senate Bill 937 (SB 937), which became effective on January 1, 2025, significantly delays the collection of fees for residential projects defined as “Designated Residential Development Projects.” Specifically, SB 937 states that public agencies may not impose development impact fees on Designated Residential Development Projects until the project receives a Certificate of Occupancy or Temporary Certificate of Occupancy. Furthermore, local agencies may not charge interest on the delayed fee paymen ts for such projects; rather, the fees must reflect the fee amount in place at the time the project’s building permits are issued. In addition, the bill extends housing entitlements by 24 months for projects with entitlements issued prior to January 1, 2024, and set to expire on or before December 21, 2025.

SB 937 was designed to incentivize housing production by mitigating the effects of rising construction costs and interest rates, which hinder the financial feasibility of new housing projects.

By deferring fee payments with zero interest, SB 937 can help t o incentivize housing developers, who must demonstrate financial feasibility to investors and lending institutions before receiving necessary funding. Additionally, by extending entitlements, the bill allows developers more time to raise funding before con structing the project. By providing these incentives to developers, the bill strives to increase housing production, allowing local jurisdictions to fulfill their housing goals.

Housing projects must meet one of the following conditions to be considered a Designated Residential Development Project:

1. 100% of residential units (excluding the manager’s unit) are reserved for low -income households.

2. The project meets the requirements regarding a Low Barrier Navigation Center Developments, per Government Code Section 65662.

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3. The project is approved by a local government and meets all site -specific criteria, affordability criteria, and objective development standards pertaining to affordable housing developments located in commercial zones or mixed-income housing developments along commercial corridors, as specified by Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) of Chapter 4.1 of the Government Code.

4. The project is subject to a streamlined ministerial approval process, per Government Code Section 65913.4.

5. The project meets the criteria specified in the Affordable Housing on Faith and Higher Education Lands Act of 2023 (SB4)

6. The project is entitled to a Density Bonus, per Government Code Section 65915.

7. The project features 10 or fewer units.

Although fees are deferred for Designated Residential Development Projects until the project receives a Certificate of Occupancy or Temporary Certificate of Occupancy, it is important to note that public agencies may still collect utility service fees afte r receiving an application for utility services. In addition, developers may be required to pay development impact fees prior to the Certificate of Occupancy if construction does not commence within five years of the building permit issue date.

CREDITS AND REIMBURSEMENT POLICIES
The City may provide fee credits or reimbursements to developers who dedicate land or construct eligible facilities. Fee credits or reimbursements will be handled pursuant to Title 15-70 of the City of Costa Mesa Municipal Code.

PROGRAMMING REVENUES WITH THE CIP
The City should maintain its Capital Improvement Program (CIP) to adequately plan for future infrastructure needs. The CIP should commit all projected fee revenues and fund balances to specific projects that are necessary to serve growth. The CIP provides documentation necessary for the City to hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. In addition, the CIP is required per AB 602. This report outlines the projects that are to be funded with the fee program and details the CIP that will be adopted in conjunction with the fee study.

Table A-1 in Appendix A serves as the City’s CIP list as required by AB 602, which includes the facilities discussed in the previous chapters. The City will use the CIP facilities identified in Appendix A to guide their five-year Capital Improvement Plan budgets based upon City needs and timing of securing adequate revenue and will update the anticipated date of construction in the CIP and the City’s AB 1600 annual and five-year reports in accordance with Government Code 66002.

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FEE REPORTING
Assembly Bill No. 1483, which became effective January 1, 2020, requires that public agencies make the following information available on their website. The following information must be provided:

1. A current schedule of fees, exactions, and affordability requirements imposed by the city, county, or special district, including any dependent special districts, of the city or county applicable to a proposed housing development project, which shall be pr esented in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel.

2. All zoning ordinances and development standards, which shall specify the zoning, design, and development standards that apply to each parcel.

3. The list of information required to be compiled pursuant to Section 65940.

4. The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to AB 1600.

5. An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by the city, county, or special district on or after January 1, 2018.

Any updates to the above information must be available within 30 days.

ACCESSORY DWELLING UNITS
An accessory dwelling unit (ADU) is a second unit that is attached or detached from a single - family home. Assembly Bill No. 881 approved on October 9, 2019, prohibits charging impact fees for an ADU that is less than 750 square feet. For an ADU that is 750 square feet or larger, storm drainage fees will not be assessed a storm drainage fee unless the parcel’s impervious surface exceeds the impervious factor for the parcels land use as the impervious surface area is accounted for in the per acre fee.

SPECIALIZED DEVELOPMENT PROJECTS
The fees in this report may not apply to specialized development projects such as golf courses, cemeteries, sports stadiums, or other specialized land uses. For specialized development projects the City will review the development’s impacts to determine the applicable fees. The fee rates presented in this Nexus Study may be reduced, exempted, or waived under certain circumstan ces as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property.

Some developments may include more than one land use type. In these cases, the fee is calculated separately for each land use. The City has the discretion to impose the fees based on the specific aspects of a proposed development regardless of zoning. The fee imposed should be based on the land use type that most closely represents the impacts of the development.

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REBUILD OR EXPANSION PROJECTS
The applicability of storm drainage fees for rebuild or expansion projects will be handled pursuant to Title 15-70 of the City of Costa Mesa Municipal Code.

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Appendix A: Capital Improvement Plan (CIP)

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Table A-1: Capital Improvement Plan (CIP)

Facility Total Cost
Fee Program
Funding
Funding from Other
Funding Sources (1) Location Description Planned Timing Santa Ana Watershed Facilities
Harbor Blvd. Line N1 1,511,757.88$ 392,016.96$ 1,119,740.91$ N-1 Install 24 & 36 Inch RCP (w/ Surface Restoration) 2031 Watson Avenue Line N2 1,760,864.86$ 456,613.39$ 1,304,251.46$ N-2 Install 18-inch RCP (w/ Surface Restoration) 2033 McKinley Way Line N3 3,708,777.44$ 961,730.50$ 2,747,046.93$ N-3 Install 18, 30, & 36 Inch RCP (w/ Surface Restoration) 2033 Wimbledon Way Line N4 1,656,265.63$ 429,489.56$ 1,226,776.07$ N-4 Install 18 & 36 Inch RCP (w/ Surface Restoration) 2038 Iowa Street (Inlets Only) - East Side Line N4 450,234.92$ 116,751.32$ 333,483.60$ N-5 Install 18-inch RCP (w/ Surface Restoration) 2038 Gisler Ave Line N6 613,751.14$ 159,153.04$ 454,598.10$ N-6 Install 18-inch RCP 2033 Iowa Street - West Side Line N7 75,387.50$ 19,548.88$ 55,838.62$ N-7 Catch Basin Inlets (28' L) 2039 Mesa Verde Dr. Line N8 1,038,999.40$ 269,425.02$ 769,574.39$ N-8 Install 18-inch RCP (w/ Surface Restoration) 2033 Kornat Drive Line N9 69,275.00$ 17,963.84$ 51,311.16$ N-9 Catch Basin Inlets (21'L) 2039 Fairview Park, Upper Canyon SD. Line W1 1,238,096.25$ 321,053.22$ 917,043.03$ W-1 Install 18-inch RCP 2030 Canyon Storm Drain Line W2 3,253,575.16$ 843,691.09$ 2,409,884.07$ W-2 Install 24, 36 & 48 Inch RCP (w/ Surface Restoration) 2030 East Canyon Park Line W3 1,274,215.81$ 330,419.45$ 943,796.36$ W-3 Install 18, 24 & 36 Inch RCP (w/ Surface Restoration) 2031 16th St./Newport Blvd. Line W6 1,098,031.03$ 284,732.63$ 813,298.41$ W-6 Install 30-inch RCP (w/ Surface Restoration) 2038 19th & 18th Street SD Line W7 & W8 2,381,577.96$ 617,571.75$ 1,764,006.21$ W-7 & W-8 Install 18-inch RCP (w/ Surface Restoration) 2031 Fairview Channel South Model Line W9 12,820,545.93$ 3,324,521.44$ 9,496,024.49$ W-9 Install 18, 24, 42, & 48 Inch RCP (w/ Surface Restoration) 2034 West of Harbor Blvd. Line W10 1,099,321.26$ 285,067.20$ 814,254.06$ W-10 Install 18 & 24 Inch RCP (w/ Surface Restoration) 2037 North of Fairview Channel Line W11 1,695,084.29$ 439,555.70$ 1,255,528.58$ W-11 Install 18, 24, & 48 Inch RCP (w/ Surface Restoration) 2033 Regional Stormwater Quality Improvements Wilson Park 2,538,000.00$ 658,133.86$ 1,879,866.14$ Wilson Park Water Quality Improvements to Meet MS4 Regulations 2035 Regional Stormwater Quality Improvements Canyon Park 6,067,000.00$ 1,573,245.92$ 4,493,754.08$ Canyon Park Water Quality Improvements to Meet MS4 Regulations 2035 Hydrodynamic Separator - Placentia Avenue 560,900.00$ 145,448.10$ 415,451.90$ Placentia Avenue Hydrodynamic Separator 2035 Corrugated Metal Pipe Replacement 2,644,040.00$ 685,631.31$ 1,958,408.69$ Various Locations Replace Corrugated Metal Pipe Like in Kind to Retain Water Quality Annually Completed by 2040 Subtotal Santa Ana Watershed Facilities 47,555,701.44$ 12,331,764.18$ 35,223,937.26$ Newport Bay Watershed Facilities
West Side Line E1N 3,500,456.16$ 1,338,277.52$ 2,162,178.64$ EN-1 Install 51 Inch RCP (w/ Surface Restoration) and Appurtenant Facilities 2032 La Salle Avenue Line E2N 3,298,726.39$ 1,261,153.17$ 2,037,573.22$ EN-2 Install 18, 24, 30, & 60 Inch RCP (w/ Surface Restoration) 2032 Drake Avenue Line E3N 949,313.22$ 362,936.85$ 586,376.36$ EN-3 Install 18 & 24 Inch RCP (w/ Surface Restoration) 2032 Santa Ana Ave. Central Line E1s 18,519,864.76$ 7,080,425.41$ 11,439,439.35$ ES-1 Install 18, 24, 36, 48, & 72 Inch RCP (w/ Surface Restoration) 2036 Northwest of E1s Line E2s 3,620,480.35$ 1,384,164.59$ 2,236,315.75$ ES-2 Install 18, 24, 36, & 42 Inch RCP (w/ Surface Restoration) 2033 Orange Ave/ Central Line E3s 10,143,889.95$ 3,878,163.10$ 6,265,726.85$ ES-3 Install 18, 42, 60, & 84 Inch RCP (w/ Surface Restoration) 2035 East side of Newport Coast Line E4s 5,127,020.81$ 1,960,137.88$ 3,166,882.93$ ES-4 Install 18, 24, 36, & 42 Inch RCP (w/ Surface Restoration) 2031 Del Mar Avenue Line E5s 886,897.51$ 339,074.38$ 547,823.13$ ES-5 Install 42-inch RCP (w/ Surface Restoration) 2037 Irvine Avenue Line E6s 2,560,908.81$ 979,074.31$ 1,581,834.50$ ES-6 Install 12, 18, & 24 Inch RCP (w/ Surface Restoration) 2038 E 18th Street Line E7s 324,960.21$ 124,237.22$ 200,722.99$ ES-7 Install 12 & 18 Inch RCP (w/ Surface Restoration) 2039 Pomona/17th Storm Drain - Local Alternatives Line W4 6,356,678.06$ 2,430,254.51$ 3,926,423.55$ W-4 Install 18 & 36 Inch RCP (w/ Surface Restoration) 2030 East of Harbor Blvd. Line W5 1,542,318.94$ 589,651.94$ 952,667.00$ W-5 Install 18 & 36 Inch RCP (w/ Surface Restoration) 2037 Regional Stormwater Quality Improvements - Lions Park 2,924,000.00$ 1,117,889.58$ 1,806,110.42$ Lions Park Water Quaility Improvements to Meet MS4 Regulations 2035 Hydrodynamic Seperator - Harper Park/18th Street 450,000.00$ 172,041.83$ 277,958.17$ Harper Park/ 18th Avenue Hydrodynamic Seperator 2035 Corrugated Metal Pipe Replacement 4,793,180.00$ 1,832,505.47$ 2,960,674.53$ Various Locations Replace Corrugated Metal Pipe Like in Kind to Retain Water Quality Annually Completed by 2040 Subtotal Newport Bay Watershed Facilities 64,998,695.17$ 24,849,987.77$ 40,148,707.40$ Total Planned Storm Drainage Facilities 112,554,396.61$ 37,181,751.95$ 75,372,644.66$ Notes:
1 Funding from other funding sources may include grant funding or general fund contributions.

ATTACHMENT 1 / ATTACHMENT C
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Resolution No. 2026-XX Page 1 of 12

RESOLUTION NO. 2026-XX

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

CALIFORNIA, ACCEPTING THE STORM DRAINAGE IMPACT FEE NEXUS STUDY

AND ADOPTING THE SANTA ANA WATERSHED AND NEWPORT BAY

WATERSHED STORM DRAINAGE IMPACT FEES FOR NEW DEVELOPMENT IN THE

CITY OF COSTA MESA, ADOPTING A CAPITAL IMPROVEMENT PLAN AS PART OF

THE NEXUS STUDY, ESTABLISHING THE FEE AMOUNTS, AND MAKING FINDINGS

OF EXEMPTION PURSUANT TO CEQA

WHEREAS, California Government Code section 66000, et seq. enables cities to charge impact fees for storm drainage facilities; and
WHEREAS, section 15-65 of the Costa Mesa Municipal Code authorizes the City Council to, by resolution, establish a development impact fee program based on a capital improvement plan; and
WHEREAS, in 2006, by Ordinance No. 06-19, the City Council established a drainage impact fee program and the rate of the drainage impact fee based upon the Master Plan of Drainage Update and Drainage Fee Study; and WHEREAS, the Drainage Impact Fees have not been updated since 2006; and WHEREAS, the City Council accepted Phase 1 of the Storm Drain System Master Plan Update on October 15, 2024 including the Existing Conditions Assessment Report (ECAR) and the Proposed Drainage & Water Quality Improv ements Report, both dated October 2024; and
WHEREAS, the City has determined that existing storm drainage facilities are reaching capacity and that the City requires a cost -effective and efficient way of serving future residents and employees while maintaining adopted levels of service; and WHEREAS, the City desires to charge the Newport Bay Watershed and Santa Ana Watershed Impact Fees upon development projects to ensure that new development contributes its fair share to storm drainage facilities in the City consistent with the City’s adopted standards; and
WHEREAS, the City contracted with Harris & Associates to perform a study for the Storm Drain Impact Fees demonstrating the reasonable relationship between the need for the fee and the type of development on which the fee will be imposed and determining 380
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the amount of the fee based on the reasonable relationship between the fee and the type of development project on which the fee will be imposed; and WHEREAS, Harris & Associates prepared and submitted a Storm Drainage Impact Fee Nexus Study, dated February 2026, attached hereto as Attachment C and incorporated herein by reference as the “Nexus Study”; and WHEREAS, the Nexus Study substantiates a methodology that will charge each new development project only for the costs necessary to mitigate the impacts expected to be caused by that development project; and
WHEREAS, there is a reasonable relationship and an essential nexus between the Storm Drain Impact Fees and the development projects on which the Fees will be imposed because the Fees will only fund costs necessitated by each new development; and
WHEREAS, the Storm Drain Impact Fees will not exceed the estimated reasonable cost of providing the land and facilities for which the Fees are imposed; and WHEREAS, the Storm Drain Impact Fees will not be levied, collected or imposed for general revenue purposes, but are levied specifically to fund drainage facilities of the types set forth in the Nexus Study; and
WHEREAS, pursuant to Government Code sections 66016, 66016.5, 66018, 66019, and 6062a, the City must adopt the updated Storm Drain Fees only after notice and public hearing; and
WHEREAS, pursuant to Government Code sections 66002, 66016.5, 66018, 66019, 6062a, a notice of a public hearing on the proposed fee schedule and the adoption of the Nexus Study, including the Storm Drain Impact Fee and Capital Improvement Plan, was published in the Daily Pilot, a newspaper of general circulation; and WHEREAS, pursuant to Government Code Sections 66019 and 66016.5, notice of the time and place of the meeting, including a general explanation of the matters to be considered and a statement that required data is available was mailed at least thirty (30) days prior to the meeting to those members of the public who filed a written request with the City; and
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WHEREAS, at least ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code section 66000, et seq.; and
WHEREAS, a primary purpose of this resolution is to accept the Storm Drainage Impact Fee Nexus Study as part of the adopted Storm Drain System Master Plan Update; to adopt the Newport Bay Watershed and Santa Ana Watershed Impact Fees funding the drainage facilities identified in the Master Plan Update; and to adopt the Capital Improvement Plan as part of the Nexus Study; and
WHEREAS, the Newport Bay Watershed and Santa Ana Watershed Impact Fees are necessary because new development increases the need for drainage facilities within each respective watershed in the City of Costa Mesa, and the City drainage system will be burdened by the demands of conveying and discharging the additional stormwater runoff from the additional impervious surfaces due to new commercial, industrial, and residential uses; and
WHEREAS, The City Council has reviewed and considered the Storm Drainage impact fees established herein, and finds that the fees will mitigate some of the impacts associated with additional and increased infrastructure, capital improvements, and City services necessitated by new development in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

Section 1. The City Council hereby finds that:
a. The foregoing recitals are true and correct and are incorporated herein by reference.
b. The purpose of the drainage impact fee is to fund storm drainage improvements including conveyance pipelines, hydrodynamic separators and regional stormwater quality improvements within the Newport Bay and Santa Ana Watersheds within City of Costa Mesa which are directly related to the incremental increase in stormwater runoff as a result of the development of new commercial, industrial and residential uses. 382
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c. The fee will be used to fund drainage improvements within the Newport Bay and Santa Ana Watersheds within the City of Costa Mesa as identified in the Storm Drain System Master Plan.
d. There is a reasonable relationship between the drainage impact fee’s use and the development projects on which the fee is imposed because the storm drainage facilities funded by the fee are needed to accommodate the incremental new stormwater runoff generated by the increase in impervious acres as a result of the development of new commercial, industrial and residential uses upon which the fee is imposed.
e. There is a reasonable relationship between the need for the drainage facilities and the development of new commercial, industrial and residential projects upon which the fee is imposed because the new development projects paying the fee will receive a direct benefit from the drainage facilities funded by the fee; the drainage facilities funded by the fee will increase the storm drainage system capacity in the storm drainage watershed directly burdened by the increase in impervious surface generated by new development projects upon which the fee is charged; the cost of storm drainage facilities attributed to existing deficiencies, existing land uses and population, excess and reserve capacity, and regional storm drainage needs have been excluded from the fee calculation, and such costs are not included in the fee to be paid by the development. f. There is a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed because the fee is imposed based on the impervious acres each development incrementally adds to the storm drainage watershed in proportion to the total impervious acres within the storm drainage watershed. Calculating the fee based on total system facilities, ensuring that each land use only pays for their fair share of capacity in the storm drainage system based on the amount of impervious acres for that land use.

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Section 2. The City Council hereby approves the Storm Drainage Impact Fee Nexus Study prepared by Harris & Associates and dated February 2026, and the findings contained therein. A copy of the 2026 Nexus Study shall be on file with the City Clerk and available during regular City business hours for public inspection.

Section 3. The City Council of the City of Costa Mesa hereby adopts the storm drainage impact fees for the Newport Bay Watershed and Santa Ana Watershed as follows:
a. The Newport Bay Watershed drainage impact fee shall be a fee of $95,015 per new impervious acre generated by all new commercial, industrial and residential developments. A detailed breakdown of the fee per land use is included as Attachment A and incorporated by this reference. b. The Santa Ana Watershed drainage impact fee shall be a fee of $ 109,809 per new impervious acre generated by all new commercial, industrial and residential developments. A detailed breakdown of the fee per land use is included as Attachment B and incorporated by this reference. c. The storm drainage impact fees shall be effective on the later of: (i) the 60th day following the adoption of this Resolution; or (ii) the effective date of Ordinance No. 26-XXXX.
d. The storm drainage impact fees established pursuant to this resolution shall be collected and administered in accordance with all requirements of California Government Code s ection 66000, et seq. , the Costa Mesa Municipal Code and prior resolutions of the City Council.

Section 4. The City Council hereby finds that adoption of the Nexus Study and the Storm Drain Capital Improvement Plan for the Santa Ana and Newport Bay Watersheds (“Capital Improvement Plan”), which serves as the Capital Improvement Program required by Government Code section 66016.5, and related amendments to the Storm Drain Impact Fees does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources 384
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Code section 21065 and CEQA Guidelines s ection 15378. While CEQA requires environmental review to occur at the earliest feasible stage, CEQA does not require review of actions that are speculative, conceptual, or preliminary in nature and that do not commit the City to a definite course of action that may result in a physical change in the environment.

The Nexus Study and Capital Improvement Plan are planning- level fiscal and policy documents that identify conceptual public facility needs and provide general cost estimates for long- range capital planning, budgeting, and rate- setting purposes only. Adoption of the Nexus Study and Capital Improvement Plan do not approve, fund, or authorize construction of any specific capital improvement project; do not establish final project descriptions, locations, designs, construction methods, phasing, or schedules; an d do not commit the City to proceed with any particular project identified in the CIP. The City retains full discretion to modify, defer, redesign, relocate, or decline to pursue any project listed in the Capital Improvement Plan. Accordingly, adoption of the CIP does not represent a commitment to a definite course of action within the meaning of CEQA and does not result in any direct or reasonably foreseeable indirect physical change to the environment.

Even if adoption of the Nexus Study, Capital Improvement Plan, or fee amendments were considered a “project” for purposes of CEQA, then consistent with CEQA Guidelines section 15378(b)(4), adoption of the CIP and fee amendments constitutes the establishment of a government funding mechanism and long-range fiscal planning tool. Section 15378(b)(4) provides that a “project” does not include fiscal activities or administrati ve actions that do not involve any commitment to a specific project or physical development. The CIP functions solely to inform budgeting, financial planning, and infrastructure funding decisions and does not authorize or entitle any physical development.

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The Nexus Study and Capital Improvement Plan also qualify as a feasibility and planning study that is exempt from CEQA under CEQA Guidelines section 15262, as it evaluates potential public facility needs and funding strategies at a conceptual level, prior to the City’s approval, adoption, or funding of any specific capital improvement project. Environmental review at this stage would be premature and speculative, as the City lacks sufficient project-level detail to meaningfully analyze environmental impacts or alternatives.

In addition, because the Nexus Study and Capital Improvement Plan are prepared in connection with the establishment and adjustment of fees and rates to finance public facilities, adoption of these documents and related fee amendments is exempt under CEQA Guidelines section 15273. Section 15273 recognizes that public agencies must be able to engage in fiscal planning and establish funding mechanisms to meet infrastructure and capital financing needs without triggering CEQA review before any specific project has been approved or defined.

The City further finds that adoption of the Nexus Study and Capital Improvement Plan expressly reserves full discretion to the City Council and other decision- making bodies to approve, deny, modify, or pursue alternatives for any individual capital project identified in the Capital Improvement Plan, including alternative designs, locations, phasing, or funding approaches. No construction, ground- disturbing activity, or irreversible commitment of resources will occur unless and until the City takes separate future discretionary actions to approve a specific project, following appropriate environmental review under CEQA. Adoption of the Capital Improvement Plan does not limit the range of alternatives available to the City or predetermine the outcome of any future CEQA analysis.

Finally, the City Council finds that the action is exempt under the common sense exemption set forth in CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that adoption of the Nexus Study, Capital Improvement Plan, and related fee amendments, by themselves, have no possibility of resulting in a 386
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significant effect on the environment. Any future capital improvement projects would be subject to separate discretionary approvals and environmental review in accordance with CEQA and City practice.

Section 5. The City Council hereby adopts the Capital Improvement Plan, attached as Appendix A to the 2026 Nexus Study, as a part of the 2026 Nexus Study.

Section 6.

The City Council hereby authorizes an automatic annual adjustment to the storm drainage impact fees every year starting on July 1, 2027. Each year, the fees shall be updated based on the percentage change in the California Construction Cost Index (CCI) from May of the previous year to the most recent May. The base index for the first adjustment will be the May 2026 CCI.

PASSED AND ADOPTED this 7th day of April, 2026.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

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THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

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- ___ and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of April, 2026, by the following roll call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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

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ATTACHMENT A

REFERENCE: STORM DRAINAGE IMPACT FEE NEXUS STUDY 2026

NOTE: Fees increase annually based on the percentage change of the California Construction Cost Index from May, of the previous year, to the most recent May.

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ATTACHMENT B

REFERENCE: STORM DRAINAGE IMPACT FEE NEXUS STUDY 2026

NOTE: Fees increase annually based on the percentage change of the California Construction Cost Index from May, of the previous year, to the most recent May.

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ATTACHMENT C

STORM DRAINAGE IMPACT FEE NEXUS STUDY, FEBRUARY 2026

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Ordinance No. 2026-xx Page 1 of 10

ORDINANCE NO. 2026-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF TITLE 15 OF THE COSTA MESA

MUNICIPAL CODE RELATING TO DRAINAGE AND MAKING FINDINGS OF

EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

WHEREAS, the City of Costa Mesa prepared and adopted a comprehensive 2006 Master Plan of Drainage Update that included a 20-year Capital Improvement Plan (CIP) Priority List for storm drain improvements to identify needed drainage facility improvements throughout the City and estimate the costs thereof; and WHEREAS, the City of Costa Mesa’s current Drainage Impact Fees are based on the 2006 20-year Capital Improvement Plan (CIP) Priority List for storm drain improvements; and
WHEREAS, the City Council determined that an update of the Master Plan of Drainage was necessary and the existing drainage fee and drainage fee provisions of the Municipal Code should be revised and updated to create a more appropriate fee structure for new development, redevelopment, and construction; and WHEREAS, the City Council accepted Phase 1 of the Storm Drain System Master Plan Update on October 15, 2024, which included the Existing Conditions Assessment Report and the Proposed Drainage & Water Quality Improvements, dated October 2024; and
WHEREAS, on April 7, 2026, the City Council held a duly noticed open and public meeting regarding the adoption of the proposed updated Storm Drainage Impact Fee Nexus Study, to complete the Storm Drain System Master Plan Update, as required by Government Code sections 66016, 66017, and 66018; and
WHEREAS, the amount of each fee has been determined and calculated in a manner consistent with the California’s Mitigation Fee Act and any applicable finance plan; and
WHEREAS, the effective date of a resolution that establishes the initial amount or increase of a fee is to be determined in accordance with California Government Code section 66017; and
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WHEREAS, all other prerequisites to the adoption of this Ordinance, the approval of the Storm Drainage Impact Fee Nexus Study dated February 2026, and the proposed updated Storm Drainage Impact Fees as specified by the Mitigation Fee Act (Cal. Gov.

Code § 66000, et seq.) and other applicable laws, have been satisfied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Chapter III of Title 15 of the Costa Mesa Municipal Code is hereby amended to read as follows:
§ 15-64 Storm Drain System Master Plan identified.

The City has adopted and now has in effect a Storm Drain System Master Plan, which has been, after notice and public hearing, revised from time to time and which was adopted pursuant to Title 7, Chapter 3, Article 8, section 65450, et seq. , California Government Code. The official copy of the current Storm Drain System Master Plan is on file in the Office of the City Engineer at 77 Fair Drive, Costa Mesa, California, and any reference in this chapter to the Storm Drain System Master Plan shall be to the reports, maps, plats, plans, specifications and other materials constituting said Storm Drain System Master Plan as on file at the above address. The terms of this chapter shall apply to all of the drainage facilities now in place within the City , as well as drainage facilities described and set forth in the Storm Drain System Master Plan and as may be required periodically by the City Engineer.
§ 15-65 Drainage fees established.

Development of, or construction on, property within the City will require construction of additional drainage facilities, as set forth in the Storm Drain System Master Plan and its Storm Drainage Impact Fee Nexus Study report and/or as may be identified periodically by resolution of the City Council or as may be imposed as a condition of development approval by the City Engineer. Drainage fees are hereby established for the Newport Bay Watershed and the Santa Ana Watershed. Drainage fees for the Newport Bay Watershed and the Santa Ana Watershed are to be set periodically by resolution of the City Council, 393
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which fees shall be tiered to take into account the intensity of development proposed for the property. The fee tiers shall be as follows: low -density residential; medium -density residential; high- density residential; and commercial/industrial. The drainage fees for each drainage shed shall be imposed on a pro rata, per acre basis upon any parcel or other piece of property for which an owner, developer or other applicant has requested approval to develop or redevelop, or to construct or reconstruct any structure upon such property pursuant to Chapter 15-70, prior to, and as a condition of approval being granted for such development or construction.
§ 15-66 Storm Drainage Watershed Funds
The funds collected hereunder shall be deposited in two separate funds which shall be known as the "Santa Ana Watershed Drainage Fund" and the “Newport Bay Watershed Drainage Fund”. In the case of land development subject to the Subdivision Map Act, the drainage fee for the appropriate watershed, as defined in the adopted Sto rm Drain System Master Plan and its Storm Drainage Impact Fee Nexus Study, shall be collected, deposited and expended in accordance with sections 66483 through 66483.2 of the California Government Code, in addition to the provisions set forth below, and all other applicable laws of the state. In the case of any development, redevelopment, construction, or reconstruction not subject to the Subdivision Map Act, the drainage fee for the appropriate watershed shall be collected, deposited and expended in accordance with sections 66000 through 66008 of the California Government Code, in addition to the provisions set forth below, and all other applicable laws of the state. § 15-67 Required Construction.
(a) Whenever a development is planned in a location where the Storm Drain System Master Plan or condition of approval calls for a storm drain and the applicant or developer is required to construct the storm drain upon a public right -of-way or on private property to be dedicated as a public right -of-way, the applicant or developer shall be requir ed to post appropriate bonds to cover the estimated construction cost of the storm drain and submit copies of bid prices to the City Engineer prior to construction. Any and all such bonds shall be exonerated upon acceptance of construction by the City Engineer. 394
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(b) If the City Engineer determines that additional drainage facilities are required in order to adequately provide for drainage, the City Engineer may require, as a condition of approval, the construction of those facilities for the detention of stormwater or such other means as may be necessary to provide adequate drainage of a particular property without adversely affecting adjacent properties or the City's drainage system. (c) Notwithstanding anything provided in this section 15-67 or elsewhere in this Chapter III, any construction of drainage facilities required to be constructed prior to issuance of development approval shall be in addition to, and not in lieu of, imposition of the drainage fee applicable to that property. Facilities included in the Storm Drain System Master Plan may be eligible for credit and/or reimbursement pursuant to this chapter. § 15-68 Fee refund.

If a building permit expires without commencement of construction or a subdivision or parcel map is abandoned prior to final approval, then the applicant or developer shall be entitled to a refund, without interest, of the impact fee paid as a condition for its issuance, except that the City may retain the actual administrative costs incurred on behalf of said applicant or developer, in accordance with s ection 66014 of the California Government Code. The fee payer must submit a written request for a refund to the City Engineer within 30 calendar days of the expiration of the permit. Failure to submit the required application for refund in a timely manner shall constitute a waiver of any right to the refund. § 15-69 Use of funds.

The money obtained through payment of drainage fees as provided for in this chapter may be used by the City to defray the cost of constructing storm drains and related facilities as identified in the Storm Drain System Master Plan . The City may incur indebtedness for the construction of any drainage facility and utilize either of the drainage fee funds for repayment.
§ 15-70 Fees to connect to existing facilities.

Subject to the provisions of section 66013 of the California Government Code , applicants requesting connection with existing drainage facilities shall be required to pay the drainage fee as provided for in this chapter.
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§ 15-71 Applicability of fees.

Drainage fees shall be imposed in the following cases:
(a) For low density residential uses, any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross impervious percentage of the parcel as a result of such improvement exceeds 50% of the gross acreage of the parcel is subject to a drainage fee for the exceeding impervious acreage. The applicable drainage fee shall be calculated pursuant to the following formula:

Fee = (Impervious area exceeding 50% of the gross parcel acreage) X (Fee per Impervious Acre)
(b) For medium density residential uses, any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross impervious percentage of the parcel as a result of such improvemen t exceeds 70% of the gross acreage of the parcel is subject to a drainage fee for the exceeding impervious acreage. The applicable drainage fee shall be calculated pursuant to the following formula.

Fee = (Impervious area exceeding 70% of the gross parcel acreage) X (Fee per Impervious Acre)
(c) For high density residential uses, any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross impervious percentage of the parcel as a result of such improvement exceeds 80% of the gross acreage of the parcel is subject to a drainage fee for the exceeding impervious acreage. The applicable drainage fee shall be calculated pursuant to the following formula.

Fee = (Impervious area exceeding 80% of the gross parcel acreage) X (Fee per Impervious Acre)
(d) For commercial and industrial uses, any improvement, addition or major alteration to an existing structure or construction of an accessory structure, in any form, where the aggregate gross impervious percentage of the parcel as a result of such improvement exceeds 90% of the gross acreage of the parcel is subject to a drainage fee for the 396
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exceeding impervious acreage. The applicable drainage fee shall be calculated pursuant to the following formula.

Fee = (Impervious area exceeding 90% of the gross parcel acreage) X (Fee per Impervious Acre)
(e) For development of vacant land, any improvement or construction is subject to a drainage fee. The applicable drainage fee shall be calculated pursuant to the following formula.

Fee = (Gross Parcel Acreage) X (Land Use Impervious Factor) X (Fee per Impervious Acre)
(f) For land use changes, where the impervious factor for the future land uses as identified in the Storm Drain System Master Plan is greater than the impervious factor of the existing land use as identified in the Storm Drain System Master Plan.

Fee = (Drainage Fee per Acre of Future Land Use – Drainage Fee per Acre of Existing Land Use) X (Gross Property Acreage)
Drainage fees shall not be imposed in the following cases:
(a) For accessory dwelling units (ADU) less than 750 square feet. (b) For reconstruction of existing structures in the event of a disaster where the reconstruction does not increase the impervious area of the parcel. (c) For land use changes where the impervious coefficient for the future land use as identified in the Storm Drain System Master Plan is less than the impervious coefficient of the existing land use.
§ 15-72 Deposit of fees.

Subject to the provisions of the Subdivision Map Act or sections 66000 through 66007 of the California Government Code, as applicable, a drainage fee paid in accordance with this chapter shall be deposited in the appropriate watershed drainage fund prior to the approval of the final tract or parcel map in the case of recorded map developments and at the issuance of a buil ding permit in all other instances , except for residential 397
ATTACHMENT 3
Ordinance No. 2026-xx Page 7 of 10

developments expressly permitted by Government Code section 66007 to pay such fees at issuance of a certificate of occupancy or final inspection, whichever first occurs.

§ 15-73 Private facilities.

Fees provided for, and the expenditures to be made from, the Drainage Fee Fund are to be applicable to those facilities as provided for in the Storm Drain System Master Plan.

Drainage facilities necessary within any development by reason of requirements of the City or the Uniform Building Code shall be at the sole expense of the developer, and funds obtained as provided for in this chapter shall not be expended therefore.

§ 15-74 Credits, Reimbursement & Reductions.

A. Whenever the conditions of approval of a development project require direct construction of a public storm drainage facility (see section 15-67) described or listed in the Storm Drain System Master Plan, 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, up to the cost included in t he Storm Drain System Master Plan. 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 Storm Drain System Master Plan.

B. A developer may be allowed a reduction in fees from the drainage fee requirements of this chapter if the developer enters into a development agreement with the City pursuant to which drainage fees are assessed to the developer, or equivalent or comparable improvements are constructed and implemented by the developer.

C. No refund or payment shall be due to an applicant in the event that the impervious coefficient for the future land use as identified in the Storm Drain System Master Plan is less than the impervious coefficient of the existing land use.

D. State law. The City will comply with any fee reduction or fee adjustment requirements imposed by state law.
398
ATTACHMENT 3
Ordinance No. 2026-xx Page 8 of 10

§ 15-75 Appeals
A. A developer subject to the drainage fees required by this chapter for a particular project may apply to the City Council for: (a) a fee adjustment based upon a showing of substantial evidence of a lesser impact upon the level of service; or (b) a land use category adjustment based upon a showing of substantial evidence that another land use category is more appropriate for a particular development. The written appeal and the applicable appeal fee must be filed with the City Clerk’s Office, prior to the issuance of building permit. The City Council shall establish the appeal fee by Resolution. The appeal shall state in detail the factual basis for the request for adjustment.

B. The City Council shall consider the appeal at a public meeting to be held within 60 calendar days after the appeal application has been filed. The decision of the City Council shall be final. The decision of the City Council shall be in writing and shall be mailed to the applicant.

C. If an adjustment is granted pursuant to this section, any subsequent change or intensification of the use or uses of the property or any expansion of the structures on the property, shall invalidate the adjustment, and the applicant shall be subject to the development impact fee requirement applicable to the entire development based on the fee in effect at the time of the change or expansion, less any amount previously paid.

D. If an adjustment is not granted pursuant to this section, then upon the payment of the required fees, the City shall provide the applicant a written notice of the amount of the fees or a description of the dedications, reservations, or other exactions, and shall also provide notification that the 90- day protest period has begun, pursuant to Government Code section 66020.

Section 3. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies 399
ATTACHMENT 3
Ordinance No. 2026-xx Page 9 of 10

and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

Section 4. The City Council finds that adoption of this ordinance is not a “project” under the California Environmental Quality Act, but even if it were, consistent with CEQA Guidelines section 15378(b)(4), adoption of the ordinance constitutes the establishment of a government funding mechanism and long- range fiscal planning tool. Section 15378(b)(4) provides that a “project” does not include fiscal activities or administrative actions that do not involve any commitment to a specific project or physical development.

Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 6. The Mayor shall sign and the City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with section 36933 of the Government Code.

PASSED AND ADOPTED this 21st day of April 2026.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 400
ATTACHMENT 3
Ordinance No. 2026-xx Page 10 of 10

THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.

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 7th day of April 2026, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 21st day of April, 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 21st day of April 2026.

__________________________
Brenda Green, City Clerk

401

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-207 Meeting Date: 4/7/2026
TITLE:

ADOPTION OF AN ORDINANCE AMENDING TITLE 13 OF THE MUNICIPAL CODE 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, AND A RESOLUTION FOR ADOPTION OF FEES ASSOCIATED WITH NEW PROCESSES - PCTY-25-0008 AND FINDING OF EXEMPTION FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: MELINDA DACEY, PRINCIPAL PLANNER AND ANNA MCGILL,

ADVANCE PLANNING MANAGER
CONTACT INFORMATION: MELINDA DACEY (714) 754-5611
RECOMMENDATION:

Staff recommends the City Council find that the following actions 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
Staff recommends that 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 (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 Staff recommends the City Council adopt Resolution No. 2026-XX establishing fees for new development review processes for housing projects (Attachment 4).

Page 1 of 1 ends

402

Page 1 of 6 ends

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 26-207 Meeting Date:
04/07/2026
TITLE: ADOPTION OF AN ORDINANCE AMENDING TITLE 13 OF THE MUNICIPAL CODE TO REZONE SIXTH CYCLE (2021 -2029) HOUSING ELEMENT SITES AND IMPLEMENT HOUSING

ELEMENT PROGRAMS TO COMPLY WITH STATE L AW, A CONFORMING CODE AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE, AND A RESOLUTION FOR ADOPTION OF FEES ASSOCIATED WITH NEW PROCESSES – PCTY-25-0008 AND FINDING OF EXEMPTION FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: MELINDA DACEY, PRINCIPAL PLANNER AND ANNA MCGILL, ADVANCE

PLANNING MANAGER

CONTACT INFORMATION: MELINDA DACEY (714) 754-5611

RECOMMENDATION:

1. Staff recommends the City Council find that the following actions 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

2. Staff recommends that the City Council adopt Ordinance No. 2026-03 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 (Attachment 1); and

3. Staff recommends the City Council adopt Ordinance No. 2026-04 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

4. Staff recommends the City Council adopt Resolution No. 2026- XX establishing fees for new development review processes for housing projects (Attachment 4).

BACKGROUND:

On February 9, 2026, the Planning Commission considered and recommended the City Council approve proposed Zoning Code and North Costa Mesa Specific Plan amendments to rezone Housing Element sites through an updated Mixed -Use Overlay District (MUOD) to allow residential development on Housing Element 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 403

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Page 2 of 6 ends

motion, the Planning Commission also directed staff to honor the requests of several property owners that requested their sites be removed from the Housing Element sites inventory and to be excluded from the MUOD.

• February 9, 2026, Agenda Report and Attachments:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7869925&GUID=46ADE2E0-93B1- 4307-BB85-FCF45BA3A0C2

At its regular meeting of March 17, 2026, the City Council conducted a legally noticed public hearing and introduced for first reading an ordinance amending Costa Mesa Municipal Code Title 13 to rezone Sixth Cycle (2021-2029) Housing Element sites and implement specific Housing Element programs . The City Council subsequently introduced for first reading an additional ordinance 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.

• March 17, 2026, Agenda Report and Attachments:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7949569&GUID=A43BC48B-BB4A- 4B37-9245-5F818392F704

The City Council unanimously introduced for first reading by title only, Ordinance No. 2026-XX to amend Costa Mesa Municipal Code Title 13 and proposed non-substantive revisions to the exception language within section 13-83.58(b)(3) as recommended by the Planning Commission to include 17 sites where property owners requested removal of their sites from the Housing Element identified in the General Plan Amendment (PSPA -26-0001) and include d 3333 Susan Street (unique ID 196).

Additional revisions included within the City Council’s motion included the removal of parking minimums for MUOD projects in Table 13-83.58-A and allow flexibility in the open space standards in Table 13-83.58-B. The specific direction provided on the open space development standards was to allow the option for private open space requirements to be achieved through common and/or publicly accessible open space and common open space requirement could be achieved through publicly accessible open space. In the same motion the City Council introduced for first reading by title only, Ordinance No.2026-XX to amend Costa Mesa Municipal Code Title 9.

Finally, the City Council reviewed, discussed, and heard public comment on draft Resolution No. 2026- XX establishing fees for new development review processes for housing projects. The City Council directed staff to return with the draft Resolution No. 2026- XX (including staff recommended fees) for City Council adoption on April 7, 2026. The draft Resolution is included as Attachment 4.

ANALYSIS:

Ordinance No. 2026-XX and Ordinance No. 2026-XX are included as Attachment 1 and Attachment 3 to this report. The Ordinances are being presented for final adoption. If approved, the Ordinances would become effective on the 31
st day after adoption. Ordinance No. 2026-XX (Attachment 1) includes the substantive revisions requested by the City Council on March 17, 2026, which include the following text that has been added to the Ordinance shown in red underlined on the following page for ease, and are also provided in Attachment 5.

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Section 13-83.58(b)(3)

Section 13-83.58(h)(2), 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 No minimum 0.25 space per unit 2 or more bedrooms per unit No minimum 0.25 space per unit

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Section 13-83.58(h)(3), Table 13-83.58-B. Development Standards

OPEN SPACE STANDARDS ADDITIONAL PROVISIONS
Usable common
residential open
space4
Total area equivalent to min. 30% of lot Or as provided in an applicable Specific Plan
Usable private
open space5
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 driveways, walkways, and open space. 4 Up to 50 percent of the required usable common residential open space may be substituted by publicly accessible open space. 5 Up to 50 percent of the required usable private open space may be substituted by usable common residential and/or publicly accessible open space.

The edits shown above address the City Council’s direction received on March 17, 2026.

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. 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 Housing 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. Therefore, 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 to 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 may adopt the Ordinances as proposed, modify the Ordinances, or not adopt the Ordinances. If the City Council chooses to make substantive modifications to the Ordinances after introduction, the modified Ordinances would need to be brough t back at a future meeting for re- introduction and adoption.
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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 new fees are proposed to ensure that they appropriately align with the staff resources needed for proposed streamlined development review.

The proposed fees included in Attachment 4 Exhibit A 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 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 No. 2026-XX is included with the staff report as Attachment 4.

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. However, this is not included for City Council consideration in Resolution No. 2026-XX.

The full impact of these fees will be subject to the levels of development in future years.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this staff report, the attached ordinances and resolutions, and approves them as to form.

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PUBLIC NOTICE:

Pursuant to California Government Code section 65854 (amended by Assembly Bill 2904 in 2025) and Public Resources Code section 66016, public notification for the action relating to Resolution No. 2026- XX has been completed no less than 14 days prior to the April 7, 2026, public hearing:

1. On-site posting. A public notice was posted at City Hall and on the City’s website on March 6 and 22, 2026.

2. Newspaper publication. A public notice was published in the Daily Pilot newspaper on March 6 and 22, 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, March 9, 2026, and April 2, 2026.

Any public comments received for the April 7, 2026 City Council meeting, may be viewed at this link:

CITY OF COSTA MESA - Calendar (legistar.com).

CITY COUNCIL GOALS AND PRIORITIES:

The amendments to the Costa Mesa Municipal Code and new cost recovery fees to further implement the Housing Element supports the following City Council Goals:

• Diversify, stabilize and increase housing to reflect community needs. • Achieve long-term fiscal sustainability.
• Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff initiated amendments to Title 13 and Title 9 of the City of Costa Mesa Municipal Code to implement Housing Element programs and comply with state law. Staff proposed the Housing Development Review Fees to recover the cost of processing housing projec t applications with 5 or more units.

Additionally, staff has initiated 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.

408
ATTACHMENT 1

Ordinance No. 2026- xx Page 1 of 6

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) 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 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;
409
Ordinance No. 2026- xx Page 2 of 6

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;
410
Ordinance No. 2026- xx Page 3 of 6

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 voted 6- 1 to recommend the City Council adopt the amendments 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, the City Council’s motion to approve the amendments to Title 13 included direction to revise Section 13-83.58, “Properties identified in Housing Element”, sub-section (b)(3), “Exception”, of the Mixed-Use Overlay District (MUOD), to specify 18 properties removed from the Housing Element and/or the requirements of Section 13-

83.58, thereby excluding those properties from the MUOD; remove parking minimums from sub-section (h)(2) and Table 13-83.58-A, and allow required usable common residential open space to be substituted by publicly accessible open space and required usable private open space to be substituted by usable common residential and/or publicly accessible open space;
WHEREAS, on April 7, 2026, the City Council held a duly noticed public hearing to give second 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 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 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 411
Ordinance No. 2026- xx Page 4 of 6

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 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 California Environmental Quality Act (CEQA) pursuant to Public Resources 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 proposed Zoning Code amendments will have a significant effect on the environment.

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

Section 1. Title 13 of the Costa Mesa Municipal Code , 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. 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 not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivi sions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. 412
Ordinance No. 2026- xx Page 5 of 6

Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED AND ADOPTED this 7
th day of April, 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:

413
Ordinance No. 2026- xx Page 6 of 6

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
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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
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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 416
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. 417
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.
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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 419
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. 422
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 423
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 424
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 425
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 426
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, 427
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)
428

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. 429

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.
430

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) 431
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, 432
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; 433
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;
434
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. 435
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 436
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 437
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.
438
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
439
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. 440
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.
441
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.
442
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
443
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. 444
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.
445
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) 446
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 447
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. 448
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)
449

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 450
(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. 451
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 • • •
452
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 • 453
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 • 454
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 • • • 455
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 • • • • • • • • • • •
456
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
457
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 • • • • •
458
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 • • • • • • • • • •
459
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 • • • • •
460
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 • • • • •
461
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 • • • •
462
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
• • • •
463
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 • • • • •
464
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 • • • •
465
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 466
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
467
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 • • • •
468
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 • • • •
469
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 • • • •
470
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, 12-7 471

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 472

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, mixed-use projects, or other projects located within the boundaries of the Fairview Developmental Center Specific Plan or any of the following properties identified in Table B-6 of the Housing Element by address or APN:
 610 W. 18 th St. (HE Site 96)
 3390 Harbor Blvd. (HE Site 134)
 3390 Harbor Blvd. (HE Site 136)
 3315 Fairview Rd. (HE Site 137)
 1201 S. Coast Dr. (HE Site 138)
 3400 Bristol St. (HE Site 139)
 685 Sunflower Ave. (HE Site 140)
 3410 Bristol St. (HE Site 141)
 3333 Bristol St. (HE Site 145)
 APN: 412-491-11 (HE Site 146)
 3333 Bristol St. (HE Site 147)
 2180 Harbor Blvd. (HE Site 194)
 2180 Harbor Blvd. (HE Site 195)
 APN: 140-041-83 (HE Site 198)
 3333 Susan St. (HE Site 196)
 1590 Adams Ave. (HE Site 203)
 1590 Adams Ave. (HE Site 204)
 3420 Bristol St. (HE Site 205)
(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.

3 (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. (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:
 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. 474

4  Ministerial Review and Approval. Projects on Lower-Income Housing Element Sites shall be a Use by Right pursuant to Subsection (f)(1).  Minimum Residential Floor Area. Projects on Lower-Income Housing Element Sites shall satisfy the minimum residential floor area requirements established in Subsection (g)(3).
 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 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).
475

5 (h) Development Standards
(1) Density Standards
 Maximum Densities. Maximum residential densities shall be permitted as specified in the Housing Element Sites Inventory.
 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).
 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).
(2) Off-Street Parking Standards
 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.
 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 No minimum 0.25 space per unit 2 or more bedrooms per unit No minimum 0.25 space per unit

(3) Development Standards
 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.

476

6 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

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
4 Total area equivalent to min. 30% of lot Or as provided in an applicable Specific Plan
Usable private
open space
5 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
477

7 Table 13-83.58-B. Development Standards.

TABLE 13-83.58-B. DEVELOPMENT STANDARDS

RESIDENTIAL DENSITY AND BUILDING HEIGHT

STANDARDS

ADDITIONAL

PROVISIONS
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 H ousing 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 Up to 50 percent of the required usable common re sidential open space may be substituted by publicly accessible open space.
5 Up to 50 percent of the required usable private open space may be substituted by usable common residential and/or publicly accessible open space.
(4) Objective Design Standards forthcoming.
 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 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.

478
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 479
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.
480
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)
481
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)
482
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. 483
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:
484
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)
485
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;
486
(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. 487
(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. 488
(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. 489
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) 490
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.
491
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:
492
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. 493
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. 494 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)
495
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;
496
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; 497
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 498
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:
499
(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).
500
(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.

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. 502
(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. 503
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Bison Ave
W 18th St
W BaySt
SSusan S
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Placentia Av
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E 19th St
Anton Blvd
Cliff Dr
Sa
kiokaDr
Yorktown Ave
Mes
aVerdeDrive East
Hospital Rd
SRaittSt
MesaVe
rdeDrive West
Slater Ave
BayviewPl
Mesa Dr
OldNewpor
tBlv
d
22nd St
Park Ave
38th St
College Ave
W Wilson St
Marguer
iteAve
Westcliff Dr
SusanSt
Dove
St
Santa Ana Ave
W 17th St
E 15th St
Bayside Dr
Anaheim Ave
Santiago
DrE 16th St
Via Lido
Quail St
W Segerstrom Ave
WardSt
WDyer Rd
Ford Rd
S Flower St
So uthwe
stBirch
St
Eastbluff
Dr
Gisler Ave
NewhopeSt
Dover
Dr
E Bay St
WesterlyPl
Big Canyon
Dr
River Ave
Monte Vista Ave
LosJardines
Via Lido Nord
Clay St
Via Lido Soud
Adams Ave
Hamilton Ave
Baker St
E 17th St
Ellis Ave
W 19th St
Birch St
Victoria St
UniversityDr
Fair Dr
Campus Dr
Garfield Ave
BearSt
Del MarAve
Superior Ave
Sunflower Ave
W Sunflower Ave
E Dyer Rd
Fairview Rd
EuclidSt
IrvineAve
S Fairview St
W Balboa Blvd
E Balboa Blvd
MainSt
Pacific Coast Hwy
MacArthur Blvd
Brookhurs
tSt
Southeast Bristol St
N Bristol St
E Coast Hw
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Jamboree Rd
Bristol St
Harbor Blvd
Talbert Ave
SMainSt
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Zoning Districts
AP : Administrative and Professional District
R1: Single-Family Residential District
R2-MD: Multiple-Family Residential District - Medium Density R2-HD: Multiple-Family Residential District - High Density R3: Multiple-Family Residential District
MG: General Industrial
MP: Industrial Park
PDI: Planned Development Industrial
C1: Local Business District
C2: General Business District
C1-S: Shopping Center District
TC: Town Center District
PDR-NCM: Planned Development Residential—North Costa Mesa I & R: Institutional and Recreational District
I & R-S: Institutional and Recreational School District IR-MLT: Institutional and Recreational MLT
P: Off-Street Parking District
CL: Commercial Limited District
PDC: Planned Development Commercial
PDR-LD: Planned Development Residential—Low Density
PDR-MD: Planned Development Residential—Medium Density
PDR-HD: Planned Development Residential—High Density
Costa Mesa City Boundary
Overlays and Specific Plans
Residential Incentive Overlay District
Mixed Use Overlay District
19 West Urban Plan/Mixed-Use Overlay District
SoBECA Urban Plan/Mixed-Use Overlay District
Mesa West Bluffs Urban Plan/Mixed-Use Overlay District
Mesa West Residential Ownership Urban Plan/Mixed-Use Overlay District Harbor Mixed-Use Overlay District
North Costa Mesa Specific Plan
Newport Boulevard Specific Plan
East 17th Street Specific Plan
0 0. 50.25
Miles
[
Date: 3/17/2026 User: cstarbird Path: \\dudek.int\data\GISData\Projects\j1729203\MAPDOC\ProjectDescription\CostaMesa_ProjectDescription.aprx Map: ZoningAndOverlays Layout: Fig_ZoningAndOverlays SOURCE: City of Costa Mesa, Orange County Sanitation District, Open Street Map Neighborhoods Where We
All Belong Zoning Updates and Housing Element Implementation Zoning Districts

FOR DISCUSSION PURPOSES ONLY
ATTACHMENT 1 EXHIBIT B
504
ATTACHMENT 3

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 (PLANNING 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; 505
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, therefore, 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 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
506
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 17 th day of March 2026,
and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 17th 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 hand and affixed the seal of the City of Costa Mesa this 17
th day of March, 2026.

507
Ordinance No. 2026-xx Page 4 of 10

__________________________
Brenda Green, City Clerk
508
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

§ 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. 509
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 the 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 processing 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 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.

(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;

510
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 of 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 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.

(8) 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)(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 federal law regarding 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 compliance 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 occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records 511
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 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 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 to remove the 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 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.

vi. 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.

(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 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:

512
Ordinance No. 2026-xx Page 9 of 10

(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 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 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.

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 property 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 issued pursuant to this article 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.

513
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 group home that is subject to the provisions 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.

514
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, 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 proposing new fees for new processes 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
515
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 for discussion ; and
WHEREAS, the City Council has held a public hearing on April 7 , 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 7th day of April, 2026.

516
Resolution No. 2026-xx Page 3 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 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
517
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

518
ATTACHMENT 5
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 519
ATTACHMENT 5
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, or other projects having residential units located within the boundaries of the Fairview Developmental Center Specific Plan or any of the following properties identified in Table B-6 of the Housing Element by address or APN:
 610 W. 18 th St. (HE Site 96)
 3390 Harbor Blvd. (HE Site 134)
 3390 Harbor Blvd. (HE Site 136)
 3315 Fairview Rd. (HE Site 137)
 1201 S. Coast Dr. (HE Site 138)
 3400 Bristol St. (HE Site 139)
 685 Sunflower Ave. (HE Site 140)
 3410 Bristol St. (HE Site 141)
 3333 Bristol St. (HE Site 145)
 APN: 412-491-11 (HE Site 146)
 3333 Bristol St. (HE Site 147)
 2180 Harbor Blvd. (HE Site 194)
 2180 Harbor Blvd. (HE Site 195)
 APN: 140-041-83 (HE Site 198)
 3333 Susan St. (HE Site 196)
 1590 Adams Ave. (HE Site 203)
 1590 Adams Ave. (HE Site 204)
 3420 Bristol St. (HE Site 205)
(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.
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ATTACHMENT 5
3 (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. (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:
 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. 521
ATTACHMENT 5
4  Ministerial Review and Approval. Projects on Lower-Income Housing Element Sites shall be a Use by Right pursuant to Subsection (f)(1).  Minimum Residential Floor Area. Projects on Lower-Income Housing Element Sites shall satisfy the minimum residential floor area requirements established in Subsection (g)(3).
 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 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).
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ATTACHMENT 5
5 (h) Development Standards
(1) Density Standards
 Maximum Densities. Maximum residential densities shall be permitted as specified in the Housing Element Sites Inventory.
 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).
 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).
(2) Off-Street Parking Standards
 Residential Uses. Minimum off-street parking requirements for multi- family dwellings on Housing Element sites are provided in Table 13-

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6 Table 13-83.58-B. Development Standards.

TABLE 13-83.58-B. DEVEL OPMENT STANDARDS

RESIDENTIAL DENSITY AND BUILDING HEIGHT

STANDARDS

ADDITIONAL

PROVISIONS
Min. Residential
Density1
Max. Residential
Density2
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

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.

LOT STANDARDS ADDITIONAL

PROVISIONS
Min. lot size None
Max. lot coverage 90%

OPEN SPACE STANDARDS ADDITIONAL

TABLE 13-83.58-B. DEVEL OPMENT STANDARDS

RESIDENTIAL DENSITY AND BUILDING HEIGHT

STANDARDS

ADDITIONAL

PROVISIONS
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 H ousing 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 po rtions 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 Up to 50 percent of the required usable common re sidential open space may be substituted by publicly accessible open space.
5 Up to 50 percent of the required usable private open space may be substituted by usable common residential and/or publicly accessible open space.
(4) Objective Design Standards forthcoming.
 The City intends to prepare and adopt design standards to further guide the physical form and character of development on the rezoned sites.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-227 Meeting Date: 4/7/2026
TITLE:

CONSIDER APPROVAL OF A CODE OF ETHICS AND CONDUCT
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION, CITY ATTORNEY PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK (714) 754-5221 RECOMMENDATION:

Consider approval of a Code of Ethics and Conduct.

BACKGROUND:

The goal of the Code of Ethics and Conduct is to ensure public confidence in the integrity of local government elected and appointed officials. The priority is to establish an ethics code to promote an honest, effective, and accountable city government, encourage high standards of behavior by public officials, and assist with decision-making. The code’sframework is designed to guide public officials in their daily duties to help ensure that they exercise their public responsibilities without conflicts or improprieties, whether actual or perceived.

On July 8, 2025, the Council discussed potential adoption of a Code of Ethics and Conduct, giving direction to staff regarding potential provisions of such a code to be considered at a future City Council meeting for approval. Staff drafted a Code of Conduct for Elected and Appointed Officials modeled on the City of Gardena Code of Ethics and Conduct, but including several provisions from the City of Irvine policy as requested. See Attachment 1 (prior draft).

On February 3, 2026, the City Council considered a draft Code of Ethics and Conduct, and ultimately directed staff to return to City Council on April 7, 2026 with a revised draft.

ANALYSIS:

The intent of the Code of Ethics and Conduct is to achieve fair, ethical, and accountable local government for the City of Costa Mesa. The people of Costa Mesa expect public officials, both elected and appointed, to comply with both the letter and the spirit of the law.

The following are the issue areas addressed and components of the proposed Code of Ethics and Conduct:

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Costa Mesa City CouncilApril 7, 2026

Costa Mesa City Council
April 7, 2026