Costa Mesa City Council
August 4, 2026

EXHIBIT “A”

LEGAL DESCRIPTION
That real property located in the State of California, County of Orange, City of Costa Mesa, and described as follows:

PARCEL 2, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 24 PAGE 23 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION CONVEYED TO MESA CONSOLIDATED WATER DISTRICT BY DEED RECORDED DECEMBER 31, 1986 AS INSTRUMENT NO. 86-656909, OFFICIAL RECORDS.

ALSO EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL R IGHTS, NATURAL

GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER

NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND

HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF

DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND REMOV ING

THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO

WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN

THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS

INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREI NABOVE

DESCRIBED, AND TO BOTTOM SUCH WHIPSTCKED OR DIRECTIONALLY DRILLED

WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR

LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,

DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHO UT, HOWEVER, THE

RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED,

AS RESERVED IN DEED FROM THE IRVINE COMPANY, A CORPORATION, RECORDED MARCH 5, 1968 IN BOOK 8535 PAGE 62 OF OFFICIAL RECORDS.

APN: 439-312-12
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LEGAL DESCRIPTION

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ORANGE )

On ___________________ before me, ____________________________________, Notary Public,

personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the per son(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

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ATTACHMENT NO. 14
SECTION 3 CHECKLIST

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CITY NOTE

AMENDED AND RESTATED PROMISSORY NOTE SECURED BY

GROUND LEASEHOLD DEED OF TRUST

CITY NOTE
$2,500,000.00 C osta Mesa, California ____ 2026
FOR VALUE RECEIVED, AMERICAN FAMILY HOUSING , a California non - profit, public benefit corporation ) (“Developer”), promises to pay to the CITY OF COSTA MESA, a California municipal corporation (“City”), at its offices at City Hall, 77 Fair Drive, Costa Mesa, California 92626, or at such other place as City may from time to time designate in writing, (a) the principal sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) (or so much of the proceeds as have been disbursed by City to Developer) from the LMIFAF funds pursuant to the Agreement (defined below) but in no event to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) (“Note Amount”); and (b) all costs and expenses payable hereunder.

RECITALS
A. This Amended and Restated Promissory Note Secured by Ground Leasehold Deed of Trust (“Note”) is made pursuant to that certain Affordable Housing Grant and Loan Agreement by and between Developer and City, dated February 28, 2025 (“Original Agreement”) as amended by that First Amendment to Affordable Housing Grant and Loan Agreement (“Amendment”) dated concurrently herewith (collectively, the "Agreement"), in relation to the property located at 2274 Newport Boulevard, Costa Mesa California, Assessor’s Parcel Number 439-312-12. This Note amends and restates in its entirety, that certain promissory note in the principal sum of Two Million Five Hundred Thousand D ollars ($2,500,000) dated as of February 28 , 2025, executed by Developer in favor of the City (“Original Note”). As of the execution of this Note the Developer acknowledges that the Original Note has been marked “cancelled” by the City and returned to the Developer. The Original Note is terminated and is of no further force or effect.

B. Developer has, concurrently with this Note, executed a Promissory Note Secured by Ground Leasehold Deed of Trust in favor of the City in connection with a HOME loan given by the City (“HOME Note”).

C. Capitalized terms used in this Note shall have the meaning set forth in the Agreement, unless expressly otherwise defined herein.

NOW, THEREFORE, for good valuable consideration, receipt of which is hereby acknowledged, Developer agrees as follows:

1. Agreement. The principal sums hereunder have been and are being loaned by City to Developer in accordance with and pursuant to the Agreement, which is a public record on file in the office of the City Clerk. The proceeds of the City Loan shall be disbursed only to pay for the items and in accordance with the disbursement procedures, and the terms and conditions set forth in the Agreement. The Agreement is incorporated herein and made a part hereof to the same extent and with the same force and effect as if fully set forth herein. In the event of any inconsistencies between the term s of this Note and the terms of the Agreement or any other document related to the Note Amount, the terms of this Note shall prevail.

ATTACHMENT 2
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CITY NOTE

(a) A default by Developer under any of the provisions of the Agreement, the City Deed of Trust dated February 28, 2025, or any of the other Project Documents shall, after the expiration of the applicable cure period(s) under the respective agreement, be a default hereunder, and a default hereunder after applicable cure periods shall be a default under the Project Documents.

2. Interest. Interest at the rate of three percent (3%) shall accrue on the Note Amount, except as set forth in Section 10 hereof as to the Default Rate, which Default Rate shall begin to accrue upon an Event of Default by Developer as set forth herein and in the Agreement.

3. Term; Payment Obligations . This Note shall be for a term that commences on the date of initial disbursement of funds at Closing and continues for a period of fifty -five (55) years after the recordation of the
Notice of Affordability Restrictions (as defined in the Agreement) (“Maturity Date”).
(a) This Note shall be repaid through an annual Residual Receipts calculation based on operation of the Project, except (i) in the Event of Default by Developer, or (ii) on the Maturity Date, in which case, (i) or (ii), the outstanding balance of this Note is due in full immediately without regard to Residual Receipts.
(b) Commencing on or before June 1 after the calendar year in which the date of recordation of the Notice of Affordability Restrictions occurs and on the 90 th day of each succeeding calendar year, Developer shall make cause to be prepared and submitted to the City its Annual Financial Statement, including the Residual Receipts Report evidencing Developer’s calculation of Residual Receipts.
(c) Commencing upon June 1 after the calendar year in which the date of recordation of the
Notice of Affordability Restrictions occurs, Developer shall make annual payments on this Note and the HOME Note sourced from the City’s Proportionate Share of fifty percent (50%) of Residual Receipts , which is anticipated to be collectively nine and eighty- eight thousandths percent (9.08 8%), and which amount shall be allocated and remitted to City . Each annual payment by Developer to City of the City’s Proportionate Share of Residual Receipts shall be credited by City to pay down the outstanding balance of this Note and the HOME Note. (i) The annual payments by Developer to the City of the City’s Proportionate Share of Residual Receipts shall continue until full repayment of this Note. (ii) In all events upon the earlier to occur of (A) the Maturity Date or (B) the Event of Default by Developer and acceleration of this Note, if it were to occur, the outstanding balance, if any, shall be due immediately and paid in full by Developer to City without regard to Residual Receipts.
(d) Notwithstanding the allocation of Residual Receipts, the full Note Amount may be accelerated as set forth in Section 10 below.

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CITY NOTE

4. Calculation of Residual Receipts in Connection with Note Repayment. (a) Residual Receipts Report; Allocation and Remittance of Residual Receipts. Developer agrees to calculate, allocate and remit Residual Receipts in accordance with the Agreement and provide to City the Annual Financial Statement and Residual Receipts Report evidencing the same.
(i) After the calendar year in which the date of recordation of the Notice of Affordability Restrictions occurs and annually on or before June 1 of each succeeding calendar Year until the Maturity Date, Developer shall make annual payments to City of the City’s Proportionate Share of fifty percent (50%) of Residual Receipts, which is anticipated to be nine and eighty-eight thousandths percent (9.088%) , (which includes this Note and the HOME Note), if any and when due, as set forth below and in the Agreement.
(ii) On the first to occur of (A) City Loan Maturity Date, or (B) acceleration of this Note due to Developer’s Event of Default, the outstanding principal amount (plus accrued interest, if any) shall be due in full by Developer to City, all without regard to Residual Receipts calculation.
(iii) In addition, subject to the terms of the Agreement, this Note shall be paid from Refinancing Net Proceeds or from the Transfer Net Proceeds in the appl icable percentages stated in the Agreement.
(iv) Notwithstanding the foregoing, the full Note Amount may be accelerated as set forth in Section 10 below.

5. Consent Required for Assignment and Assumption. Except for Transfers permitted pursuant to Article 8 of the Agreement, this Note shall not be assignable or assumable by any successor or assignee of Developer without the prior written consent of City, which consent may be withheld in the sole and absolute discretion of the City Manager (or if the City Manager elects in his or her discretion to present such request to the City Council.)

6. Form of Payments . All amounts due hereunder are payable in immediately available funds and lawful monies of the United States of America.

7. Application of Payments. All payments shall be applied (a) first, to costs and fees owing hereunder, (b) second, to the payment of accrued interest, (c) third, to the payment of principal, and (d) fourth, and if applicable, the accrual and payment of Default Rate of interest in the event of Default as defined and described in Section 10 below.

8. Prepayment. At any time, Developer may prepay in whole or in part the outstanding principal balance under this Note, together with all accrued interest, if any, and unpaid fees, costs and expenses, if any, payable hereunder, without penalty or premium. In the event of prepayment by Developer, the Regulatory Agreement, in particular the covenants with respect to affordable housing for Extremely Low-Income Households during the Affordability Period as set forth in the Agreement and the Regulatory Agreement, shall remain intact, and shall be unaffected by the prepayment of this Note by Developer.
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CITY NOTE

9. Security. This Note and all amounts payable hereunder are secured by the City Deed of Trust of even date herewith executed by Developer in favor of City , which City Deed of Trust shall only be subordinate to: (a) the Regulatory Agreement of record as the senior encumbrance, and (b) those certain deeds of trust executed by Developer, as borrower, in favor Primary Lenders, and (c) such other encumbrances approved by the City in writing in its sole discretion. The terms of the City Deed of Trust are incorporated herein and made a part hereof to the same extent and with the same force and effect as if fully set forth herein. A default under any of the provisions of the City Deed of Trust shall be a default hereunder, and a default hereunder shall be a default under the City Deed of Trust.
(a) Subordinate Note. The indebtedness evidenced by this Note is and shall be subordinate in right of payment to the prior payment in full of the indebtedness evidenced by a promissory note for the Primary Loans executed by Developer, as set forth in the Agreement.

10. Acceleration and Other Remedies. If elected by City pursuant to the following sentence, the entire balance due under this Note shall be paid to City upon the earlier of an Event of Default, including without limitation: (i) the uncured default of Developer under this Note, the Agreement, Regulatory Agreement, City Deed of Trust, or other of the Project Documents, in each case, after delivery of notice and expiration of the applicable cure period provided in the respective agreement or instrument; or (ii) the sale, lease or other transfer or conveyance (other than the permitted rentals and other transfers and/or conveyances expressly permitted under the Agreement) of all or any part of the Project, or any interest therein (individually or collectively a “Transfer”), without the prior written consent of City in accordance with the Agreement, in each case, after delivery of notice and expiration of the applicable cure period provided in the applicable Project Document.
(a) Upon the occurrence and during the continuance of an Event of Default, the Note Amount, and all outstanding amounts due under this Note (and the Agreement, the City Deed of Trust and other Project Documents) shall accrue interest at the default rate of ten percent (10%) per annum, based on a calendar year (360 days) and charged on the basis of the actual number of days elapsed (“Default Rate”).
(b) In addition, upon and during the continuance of an Event of Default, City may, at City’s option, declare the outstanding principal amount of this Note, together with the then accrued and unpaid interest, if any, all sums secured by the City Deed of Trust, and other charges, if any, due under applicable Project Documents; such sums shall be due and payable immediately upon such declaration, and Default Rate shall immediately become and be due and payable without demand or notice, all as further set forth in the City Deed of Trust. All costs of collection, including, but not limited to, reasonable attorneys’ fees, consulting fees, and all expenses incurred in connection with protection of, or realization on, the security for this Note, may be added to the principal hereunder, and shall accrue interest at the Default Rate as provided herein. (c) City shall at all times have the right to proceed against any portion of the security for this Note in such order and in such manner as City may consider appropriate, without waiving any rights with respect to any of the security. Any delay or omission on the part of City in exercising any right hereunder, under the Agreement, the Project Documents or under the City Deed of Trust shall not operate as a waiver of such right, or of any other right. No single or partial 332

CITY NOTE

exercise of any right or remedy he reunder or under the Agreement, the Project Documents, the City Deed of Trust or any other document or agreement shall preclude other or further exercises thereof, or the exercise of any other right or remedy. The acceptance of payment of any sum payable hereunder, or part thereof, after the due date of such payment shall not be a waiver of City’s right to either require prompt payment when due of all other sums payable hereunder or to declare an Event of Default for failure to make prompt or complete payment.

11. Waivers. Except to the extent notice is required under any of the Project Documents, Developer and all endorsers, guarantors and sureties hereof jointly and severally waive presentment, demand, notice of protest and nonpayment, notice of default or delinquency, notice of acceleration, notice of costs, expenses or leases or interest thereon, notice of dishonor, diligence in collection or in proceeding against any of the rights or interests in or to any and all property securing this Note, and the benefit of any exe mption under any homestead exemption laws, if applicable. Developer expressly agrees that this Note or any payment hereunder may be extended from time to time at City ’s sole discretion and that City may accept security in consideration for any such extension or release any security for this Note at its sole discretion all without in any way affecting the liability of Developer. No extension of time for payment of this Note made by agreement by City with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the original liability of Developer under this Note, either in whole or in part. The obligations of Developer under this Not e shall be absolute and Developer waives any and all rights to offset, deduct or withhold any payments or charges due under this Note for any reasons whatsoever. No previous waiver and no failure or delay by City in acting with respect to the terms of this Note or the City Deed of Trust shall constitute a waiver of any breach, default, or failure or condition under this Note, the Deed of Trust or the obligations secured thereby. A waiver of any term of this Note, the City Deed of Trust or any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver.

12. Consents. Developer and all endorsers, guarantors and sureties consent to: (a) any renewal, extension or modification (whether one or more, and subject to the terms and provisions of the Agreement relating to modification, extension, and/or amendment) of the terms of the Agreement as such terms relate to this Note or the terms or time of payment under this Note, (b) the release or surrender or exchange or substitution of all or any part of the security, whether real or personal, or direct or indirect, for the payment hereof to the extent requested or approved by Developer, (c) the granting of any other indulgences to Developer, and (d) the taking or releasing of other or additional parties primarily or contingently liable hereunder. Except as otherwise set forth above, any such renewal, extension, modification, release, surrender, exchange or substitution may be made without notice to Developer or to any endorser, guarantor or surety hereof, and without affecting the liability of said parties hereunder.

13. Successors and Assigns. Whenever “City ” is referred to in this Note, such reference shall be deemed to include City and its successors a nd assigns, including, without limitation, any subsequent assignee or holder of this Note. All covenants, provisions and agreements by or on behalf of Developer, and on behalf of any makers, endorsers, guarantors and sureties hereof which are contained herein shall inure to the benefit of City and its successors and assigns. City may, at its option, assign its right to receive payment under this Note without necessity of obtaining the consent of Developer. Whenever “Developer” is referred to in this Note, 333

CITY NOTE

such reference shall be deemed to include American Family Housing , a California nonprofit , public benefit corporation, and its approved successors and assigns, including, without limitation, any approved subsequent assignee or obligor of this Note, if such approval is given in accordance with the Agreement. In no event shall Developer assign or transfer any portion of this Note without the prior express written consent of City, except as permitted in the Agreement.

14. Usury. It is the intention of Developer and City to conform strictly to the Interest Law, as defined below, applicable to this loan transaction. Accordingly, it is agreed that notwithstanding any provision to the contrary in this Note, or in any of the documents securing payment hereof or otherwise relating hereto, the aggregate of all interest and any other charges or consideration constituting interest under the applicable Interest Law that is taken, reserved, contracted for, charged or received under this Note, or under any of the other aforesaid agreements or otherwise in connection with this loan transaction, shall under no circumstances exceed the maximum amount of interest allowed by the Interest Law applicable to this loan transaction. If any excess of interest in such respect is p rovided for in this Note, or in any of the documents securing payment hereof or otherwise relating hereto, then, in such event:
(a) the provisions of this paragraph shall govern and control; (b) neither Developer nor Developer’s heirs, legal representative s, successors or assigns shall be obligated to pay the amount of such interest to the extent that it is in excess of the maximum amount of interest allowed by the Interest Law applicable to this loan transaction; (c) any excess shall be deemed canceled automatically and, if theretofore paid, shall be credited on this Note by City or, if this Note shall have been paid in full, refunded to Developer; and
(d) the effective rate of interest shall be automatically subject to reduction to the Maximum Legal Rate of Interest (as defined below), allowed under such Interest Law, as now or hereafter construed by courts of appropriate jurisdiction. To the extent permitted by the Interest Law applicable to this loan transaction, all sums paid or agreed to be paid to City for the use, forbearance or detention of the indebtedness evidenced hereby shall be amortized, prorated, allocated and spread throughout the full term of this Note. For purposes of this Note, “Interest Law” shall mean any present or future law of the State of California, the United States of America, or any other jurisdiction which has application to the interest and other charges under this Note.

The “Maximum Legal Rate of Interest” shall mean the maximum rate of interest that City may from time to time charge Developer, and under which Developer would have no claim or defense of usury under the Interest Law.

15. Costs of Enforcement. Developer agrees to pay upon demand all reasonable costs and expenses, including attorneys’ fees, expert witness fees, and costs of suit (including appeals), incurred by City to enforce the terms hereof. In addition to the foregoing award of attorneys’ fees, City shall be entitled to its reasonable attorneys’ fees incurred in any post -judgment proceedings to enforce any judgment in connection with this Note. This provision is separate and several and shall survive the merger of this provision into any judgment. 334

CITY NOTE

16. Miscellaneous. Time is of the essence hereof. If this Note is now, or hereafter shall be, signed by more than one party or person, it shall be the joint and several obligations of such parties or persons (including, without limitation, all makers, end orsers, guarantors and sureties), and shall be binding upon such parties and upon their respective successors and assigns.

This Note shall be governed by and construed under the laws of the State of California. Developer irrevocably and unconditionally s ubmits to the jurisdiction of the Superior Court of the State of California for the County of Orange or the United States District Court of the Central District of California, as City hereof may deem appropriate, in connection with any legal action or proceeding arising out of or relating to this Note. Developer also waives any objection regarding personal or in rem jurisdiction or venue to the extent such action is filed in the above -referenced courts. In the event of a conflict between the provisions of this Note and the Agreement, this Note shall control.

17. Non-Recourse Obligation. In the Event of Default under the terms of this Note, the sole recourse of City therefor shall be Developer’s interest in the Property and the Project and Developer and Affiliates shall not be personally liable for the payment of any obligations under this Agreement; provided, however, that the foregoing shall not in any way affect any rights City may have hereunder, or any right of City to recover or collect funds, damages or costs (including without limitation reasonable attorneys’ fees and costs) incurred by City as a result of fraud, intentional misrepresentation or bad faith waste, and/or any costs and expenses incurred by City in connection therewith (including without limitation reasonable attorneys’ fees and costs).

IN WITNESS WHEREOF, Developer has caused this Promissory Note Secured by Ground Leasehold Deed of Trust executed on the date first set forth above.

DEVELOPER:

AMERICAN FAMILY HOUSING,
a California nonprofit, public benefit corporation

By: ______________________________
Myles Anthony Peinemann II
Chief Executive Officer

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County – Costa Mesa

HK PROJECT
Amend/Restate Subordination Agreement 1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

C
ounty of Orange
OC Community Resources/
OC Housing & Community Development
1501 E. St. Andrew Place, 1st Floor
Santa Ana, CA 92705
Attn: Director
_______________________________________________________________________________ AM

ENDED AND RESTATED

SUBORDINATION AGREEMENT
T
HIS AMENDED AND RESTATED SUBORDINATION AGREEMENT (this
"Agreement") is entered as of July XX, 2026 by and among (i) COUNTY OF ORANGE, a political subdivision of the State of California, (the “County”) (ii) CITY OF COSTA MESA, California a municipal corporation (the “Subordinate Lender”), and (iii) American Family Housing, a California nonprofit public benefit corporation (the "Borrower").

RECITALS
A. T
he County previously made loans from both its Mental Health Services Act fund (“MHSA Loan”) and County Fund 15G Reserves (“15G Reserves Loan” and with the MHSA Loan, the “Original Loans”) to the Borrower in the combined original principal amount of $6,781,520. The Original Loans were secured by a senior leasehold mortgage liens and recorded in the Official Records of the County of Orange, State of California (the “Official Records”) on February 28, 2025, as Instrument No. 2025000068065 (the “MHSA Deed of Trust”) and as Instrument No. 2025000068066, (the “15G Reserves Deed of Trust” and with the MHSA Deed of Trust, the “Original Deeds of Trust”) on the Borrower's leasehold interest in that certain multifamily housing project known as 1400 Bristol (the “Project”), located in the City of Costa Mesa, CA and as more fully described in Exhibit “A” attached hereto (the “Property”). The Borrower's obligation to repay the Senior Mortgage Loans is evidenced by certain promissory notes in favor of the County dated of as of February 1, 2025 (the “Original Notes”).

B. Subsequent to awarding the Original Loans and recording the Original Deeds of Trust, the County made an additional 15G Reserves Loan to Borrower in the maximum principal amount of $2,785,456 (the “Supplemental 15G Reserves Loan”) and an additional 15G Reserves amortized loan to Borrower in the maximum principal amount of $1,314,544 (the “Supplemental 15G Reserves Amortized Loan”, and with the Supplemental 15G Reserves Loan and the Original Loans, individually, the “Senior Mortgage Loan;” and collectively, the “Senior Mortgage Loans”). The Supplemental 15G Reserves Loan will evidenced by that certain amended and restated Promissory Note Secured by a Deed of Trust (15G Reserves) dated as of July 1, 2026 (the “Amended and Restated 15G Reserves Note”), executed by Borrower to the order of County in the face principal amount of $ 5,145,456 and will be secured by amending the 15G Reserves Deed of Trust (“Amended and Restated 15G Reserves Deed of Trust”). The Supplemental 15G ATTACHMENT 3
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County – Costa Mesa

HK PROJECT
Amend/Restate Subordination Agreement 2
Reserves Amortized Loan will be evidenced by that certain Promissory Note (15G Reserves Amortized) dated as of July XX, 2026, executed by Borrower to the order of the County in the face principal amount of $1,314,544. and will be secured by a leasehold deed of trust (the “Supplemental 15G Reserves Amortized Note”, secured by the “15G Reserves Amortized Deed of Trust.”) The 15G Reserves Amortized Deed of Trust, Amended and Restated 15G Reserves Deed of Trust, individually, the “Senior Mortgage;” collectively, the “Senior Mortgages.” C. As a result of additional County funding awards, changes in the residual receipt distribution will need to be amended, including amending the MHSA Note (the “Amended and Restated MHSA Note” together with the Amended and Restated 15G Reserves Note and Supplemental 15G Reserves Amortized Note the “Senior Mortgage Notes”).

D. The Borrower and the Subordinate Lender has entered into an agreement pursuant to which the Subordinate Lender has agreed to loan funds to Borrower in the total amount of $2,850,000 (the “Subordinate Loans”) which Subordinate Loans are secured by, among other things, mortgage liens against the Borrower's leasehold interest in the Property. The Subordinate Lender shall also provide Borrower financial assistance in the form of a grant not to exceed the sum of $1,500,000. Combined, the Subordinate Lender shall provide a total contribution of $4,350,000 to the Borrower for the Project. A deed of trust dated February 28, 2025, executed by Borrower for the benefit of Subordinate Lender was recorded in the Official Records on February 28, 2025, as Instrument No. 2025000068071 (“First Subordinate Deed of Trust”).

A second deed of trust in the
amount of $350,000 will be recorded concurrently with this Agreement. Borrower will be executing a second deed of trust in the amount of $350,000 (“Second Subordinate Deed of Trust”), which Second Deed of Trust will be recorded concurrently with this Agreement. Collectively the First Subordinate Deed of Trust and the Second Subordinate Deed of Trust are the Subordination Loans.

E. The County had previously agreed to permit the First Subordinate Deed of Trust to remain as a subordinate mortgage lien against the Property subject to all of the conditions contained in that certain Subordination Agreement dated as of February 1, 2025 and recorded in the Official
Records on February 28, 2025, as Instrument No. 2025000068073 (the “Original Subordination Agreement”).

F. The County has agreed to permit the Subordinate Loans to remain as a subordinate mortgage liens against the Property subject to all of the conditions contained in this Agreement, which amends and restates the Original Subordination Agreement.

G. The Subordinate Lender has agreed to subordinate its mortgage liens to the lien of the Senior Mortgages as further stated in this Agreement.

NOW, THEREFORE, in consideration of for foregoing Recitals, which are incorporated herein by this reference and made a part of this Agreement, the County, the Subordinate Lender and the Borrower agree that the Original Subordination Agreement is amended and restated, in its entirety, as follows:

DEFINITIONS

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County – Costa Mesa

HK PROJECT
Amend/Restate Subordination Agreement 3
In addition to the terms defined in the Recitals to this Agreement, for purposes of this Agreement the following terms have the respective meanings set forth below:

“Affiliate” means, when used with respect to a Person, any corporation, partnership, joint venture, limited liability company, limited liability partnership, trust or individual controlled by, under common control with, or which controls such Person (the term "control" for these purposes shall mean the ability, whether by the ownership of shares or other equity interests, by contract or otherwise, to elect a majority of the directors of a corporation, to make management decisions on behalf of, or independently to select the managing partner of, a partnership, or otherwise to have the power independently to remove and then select a majority of those individuals exercising managerial authority over an entity, and control shall be conclusively presumed in the case of the ownership of 50% or more of the equity interests).
“Borrower” means American Family Housing, a California nonprofit, public benefit corporation, and any other Person (other than the County) who acquires Borrower's interest in the Property or Project after the date of this Agreement.
“Business Day” means any day other than Saturday, Sunday or a day on which the County is not open for business.
“County” means the County of Orange, a political subdivision of the State of California. “Default Notice” means: (a) a copy of the written notice from the County to the Borrower stating that a Senior Mortgage Loan Default has occurred under the Senior Mortgage Loans; or (b) a copy of the written notice from the Subordinate Lender to the Borrower stating that a Subordinate Loan Default has occurred under the Subordinate Loan or that a Regulatory Agreement Default has occurred under the Subordinate Regulatory Agreement. Each Default Notice shall specify the default upon which such Default Notice is based.
“Person” means an individual, estate, trust, partnership, corporation, limited liability company, limited liability partnership, governmental department or agency or any other entity which has the legal capacity to own property.
“Regulatory Agreement Default” means a default by the Borrower in performing or observing any of the terms, covenants or conditions in the Subordinate Regulatory Agreement to be performed or observed by it, which continues beyond any applicable period provided in the Subordinate Regulatory Agreement for curing the default “Senior Mortgage Loan Default” means the occurrence of either a default by the Borrower in performing or observing any of the terms, covenants or conditions in the Senior Mortgage Loans Documents to be performed or observed by it, which continues beyond any applicable period provided in the Senior Mortgage Loan Documents for curing the default, or an “Event of Default” as that term is defined in the Senior Mortgage Loan Documents. “Senior Mortgage Loan Documents” means the Senior Mortgage Notes, the 15G Reserves Amortized Deed of Trust, Amended and Restated 15G Reserves Deed of Trust and, the MHSA Deed of Trust recorded deeds of trust in favor of the County, and all other documents evidencing, securing or otherwise executed and delivered in connection with the Senior Mortgage Loans. 338
County – Costa Mesa

HK PROJECT
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“Subordinate Lender” means the City of Costa Mesa, a municipal corporation and any other Person who becomes the legal holder of the Subordinate Notes after the date of this Agreement. “Subordinate Loan Default” means a default by the Borrower in performing or observing any of the terms, covenants or conditions in the Subordinate Loan Documents to be performed or observed by it, which continues beyond any applicable period provided in the Subordinate Loan Documents for curing the default.
“Subordinate Loan Documents” means the two Subordinate Notes, the two Subordinate Mortgages, and all other documents evidencing, securing or otherwise executed and delivered in connection with the Subordinate Loans.
“Subordinate Mortgages” means the mortgages or deeds of trust encumbering the Property as security for the Subordinate Loans, which have been or will be recorded in the applicable land records in connection with this Project.
“Subordinate Notes” means the promissory notes issued by the Borrower to the Subordinate Lender, or order, to evidence the Subordinate Loan.
“Subordinate Regulatory Agreement” means the Joint Regulatory Agreement And Declaration Of Covenants and Restrictions recorded on February 28, 2025, as Instrument No. 2025000068064, by the Subordinate Lender, and the City of Newport Beach, in connection with the financing of the Project.

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ECTION 1 --COUNTY CONSENT TO MORTGAGE LIENS

1. Permission to Place Mortgage Lien Against Property.

The County has agreed and hereby consents to, notwithstanding the prohibition against inferior liens on the Property contained in the Senior Mortgage Loan Documents and subject to the provisions of this Agreement, the Subordinate Mortgages and other recordable Subordinate Loans Documents against the Property (which are subordinate in all respects to the lien of the Senior Mortgages) which secure the Borrower's obligation to repay the Subordinate Notes and all other obligations, indebtedness and liabilities of the Borrower to the Subordinate Lender under and in connection with the Subordinate Loans. Such consent is subject to the condition that each of the representations and warranties made by the Borrower and the Subordinate Lender in Section 3 are true and correct as of the date of this Agreement. If any of the representations and warranties made by the Borrower and the Subordinate Lender in Section 2 are not true and correct as of the date of this Agreement, the provisions of the Senior Mortgage Loan Documents applicable to unpermitted liens on the Property shall apply.

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ECTION 2 - BORROWER AND LENDER REPRESENTATIONS AND WARRANTIES

2. Borrower's and Subordinate Lender's Representations and Warranties.

2.1. The Borrower and the Subordinate Lender each makes the following representations and warranties to the County:

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2.1.1. Relationship of Borrower to Subordinate Lender and Borrower. The Subordinate Lender is not an Affiliate of the Borrower and is not in possession of any facts that would lead it to believe that the Subordinate Lender is an Affiliate of the Borrower.

SECTION 3 - BORROWER'S REPRESENTATIONS AND WARRANTIES

3. Borrower's Representations and Warranties.

3.1. The Borrower makes the following representations and warranties to the County and City:

3.1.1. Subordinate Loan Documents. The executed Subordinate Loan Documents are substantially in the same forms as those submitted to, and approved by, County prior to the date of this Agreement. Borrower shall deliver to County an executed copy of each of the Subordinate Loan Documents, certified to be true, correct and complete.

3.1.2. Senior Loan Documents. The executed Senior Loan Documents are substantially in the same forms as, when applicable, those submitted to Subordinate Lender prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

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ECTION 4 - SUBORDINATION

4. Terms.

4.1. Subordinate Lender Agreement to Subordinate. The County and the Subordinate Lender agree that: (i) the indebtedness evidenced by the Subordinate Loan Documents is and shall be subordinated in right of payment, to the extent and in the manner provided in this Agreement to the prior payment in full of the indebtedness evidenced by the Senior Mortgage Loan Documents; (ii) the Subordinate Mortgages and the other Subordinate Loan Documents are and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Mortgages and the other Senior Mortgage Loan Documents and to all advances heretofore made or which may hereafter be made pursuant to the Senior Mortgages and the other Senior Mortgage Loan Documents (including but not limited to, all sums advanced for the purposes of (1) protecting or further securing the lien of the Senior Mortgages, curing defaults by the Borrower under the Senior Mortgage Loan Documents or for any other purpose expressly permitted by the Senior Mortgages, or (2) constructing, renovating, repairing, furnishing, fixturing or equipping the Property; and (iii) the Subordinate Mortgages and all Subordinate Lender liens or mortgages which may now or hereafter be placed on the Property shall be subordinate to all County liens or mortgages which may now or hereafter be placed on the Property.

4.2. Subordinate Lender Subordination of Subrogation Rights. The Subordinate Lender agrees that if, by reason of its payment of real estate taxes or other monetary obligations of the Borrower, or by reason of its exercise of any other right or remedy under the Subordinate Loan Documents, it acquires by right of subrogation or otherwise a lien on the Property which (but for this subsection) would be senior to the lien of the Senior Mortgages, then, in that event, such lien 340
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shall be subject and subordinate to the lien of the Senior Mortgages.

4.3. Payments Before Senior Mortgage Loan Default. Until the Subordinate Lender receives a Default Notice of a Senior Mortgage Loan Default from the County, the Subordinate Lender shall be entitled to retain for its own account all payments made under or pursuant to the Subordinate Loan Documents.

4.4. Payments After Senior Mortgage Loan Default. The Borrower agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior Mortgage Loan Default, it will not make any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) without the County's prior written consent. The Subordinate Lender agrees that, after it receives a Default Notice from the County with written instructions directing the Subordinate Lender not to accept payments from the Borrower on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorney's fees, or any other sums secured by the Subordinate Mortgage) without the County's prior written consent. If the Subordinate Lender receives written notice from the County that the Senior Mortgage Loan Default which gave rise to the Subordinate Lender's obligation not to accept payments has been cured, waived, or otherwise suspended by the County, the restrictions on payment to the Subordinate Lender in this Section 4 shall terminate, and the County shall have no right to any subsequent payments made to the Subordinate Lender by the Borrower prior to the Subordinate Lender's receipt of a new Default Notice from the County in accordance with the provisions of this Section 4.4.

4.5. Remitting Subordinate Loan Payments to County. If, after the Subordinate Lender receives a Default Notice from the County in accordance with subsection 4.4 above, the Subordinate Lender receives any payments under the Subordinate Loan Documents, the Subordinate Lender agrees that such payment or other distribution will be received and held in trust for the County and unless the County otherwise notifies the Subordinate Lender in writing, will be promptly remitted, in kind to the County, properly endorsed to the County, to be applied to the principal of, interest on and other amounts due under the Senior Mortgage Loan Documents in accordance with the provisions of the Senior Mortgage Loan Documents. By executing this Agreement, the Borrower specifically authorizes the Subordinate Lender to endorse and remit any such payments to the County, and specifically waives any and all rights to have such payments returned to the Borrower or credited against the Subordinate Loan. Borrower and County acknowledge and agree that payments received by the Subordinate Lender, and remitted to the County under this Section 4, shall not be applied or otherwise credited against the Subordinate Loan, nor shall the tender of such payment to the County waive any Subordinate Loan Default which may arise from the inability of the Subordinate Lender to retain such payment or apply such payment to the Subordinate Loan.

4.6. Subordinate Lender Agreement Not to Commence Bankruptcy Proceeding.

The Subordinate Lender agrees that during the term of this Agreement it will not commence, or join with any other creditor in commencing any bankruptcy reorganization, arrangement, insolvency or liquidation proceedings with respect to the Borrower, without the County's prior written consent.

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SECTION 5 – DEFAULT OF SUBORDINATE LOAN DOCUMENTS

5. Terms.

5.1. Notice of Default and Cure Rights. The Subordinate Lender shall deliver to the County a Default Notice within five (5) Business Days in each case where the Subordinate Lender has given a Default Notice to the Borrower. Failure of the Subordinate Lender to send a Default Notice to the County shall not prevent the exercise of the Subordinate Lender's rights and remedies under the Subordinate Loan Documents, subject to the provisions of this Agreement. The County shall have the right, but not the obligation, to cure any Subordinate Loan Default or Regulatory Agreement Default (as applicable) within sixty (60) days following the date of such notice; provided, however that the Subordinate Lender shall be entitled, during such sixty (60) day period, to continue to pursue its rights and remedies under the Subordinate Loan Documents. All amounts paid by the County in accordance with the Senior Mortgage Loan Documents to cure a Subordinate Loan Default or Regulatory Agreement Default (as applicable) shall be deemed to have been advanced by the County pursuant to, and shall be secured by the lien of, the Senior Mortgages.

5.2. Subordinate Lender's Exercise of Remedies After Notice to County. If a Subordinate Loan Default or Regulatory Agreement Default occurs and is continuing, the Subordinate Lender agrees that, without the County's prior written consent, it will not commence foreclosure proceedings with respect to the Property under the Subordinate Loan Documents or exercise any other rights or remedies it may have under the Subordinate Loan Documents, including, but not limited to accelerating the Subordinate Loan, collecting rents, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies thereunder unless and until it has given the County at least sixty (60) days' prior written notice; during such sixty (60) day period, however, the Subordinate Lender shall be entitled to exercise and enforce all other rights and remedies available to the Subordinate Lender under the Subordinate Loan Documents and/or under applicable laws.

5.3. Cross Default. The Borrower and the Subordinate Lender agree that any of a Subordinate Loan Default or Regulatory Agreement Default shall constitute a Senior Mortgage Loan Default under the Senior Mortgage Loan Documents and the County shall have the right to exercise all rights or remedies under the Senior Mortgage Loan Documents in the same manner as in the case of any other Senior Mortgage Loan Default. If the Subordinate Lender notifies the County in writing that any Subordinate Loan Default or Regulatory Agreement Default of which the County has received a Default Notice has been cured or waived, as determined by the Subordinate Lender in its sole discretion, then provided that County has not conducted a sale of the Property pursuant to its rights under the Senior Mortgage Loan Documents, any Senior Mortgage Loan Default under the Senior Mortgage Loan Documents arising solely from such Subordinate Loan Default or Regulatory Agreement Default shall be deemed cured, and the Senior Mortgage Loans shall be reinstated, provided, however, that the County shall not be required to return or otherwise credit for the benefit of the Borrower any default rate interest or other default related charges or payments received by the County during such Senior Mortgage Loan Default.

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ECTION 6 – DEFAULT UNDER SENIOR MORTGAGE LOAN DOCUMENTS

6. Terms.
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6.1. Notice of Default and Cure Rights. The County shall deliver to the Subordinate Lender a Default Notice within five (5) Business Days in each case where the County has given a Default Notice to the Borrower. Failure of the County to send a Default Notice to the Subordinate Lender shall not prevent the exercise of the County's rights and remedies under the Senior Loan Documents, subject to the provisions of this Agreement. The Subordinate Lender shall have the right, but not the obligation, to cure any such Senior Mortgage Loan Default within sixty (60) days following the date of such notice; provided, however, that the County shall be entitled during such sixty (60) day period to continue to pursue its remedies under the Senior Mortgage Loan Documents. Subordinate Lender may have up to ninety (90) days from the date of the Default Notice to cure a non-monetary default if during such ninety (90) day period Subordinate Lender keeps current all payments required by the Senior Mortgage Loan Documents. In the event that such a non-monetary default creates an unacceptable level of risk relative to the Property, or County's secured position relative to the Property, as determined by County in its sole discretion, then County may exercise during such ninety (90) day period all available rights and remedies to protect and preserve the Property and the rents, revenues and other proceeds from the Property. All amounts paid by the Subordinate Lender to the County to cure a Senior Mortgage Loan Default shall be deemed to have been advanced by the Subordinate Lender pursuant to, and shall be secured by the lien of, the Subordinate Mortgage.

6.2. Cross Default. The Subordinate Lender agrees that, notwithstanding any contrary provision contained in the Subordinate Loan Documents, a Senior Mortgage Loan Default shall not constitute a default under the Subordinate Loan Documents if no other default occurred under the Subordinate Loan Documents until either (i) the County has accelerated the maturity of the Senior Mortgage Loan, or (ii) the County has taken affirmative action to exercise its rights under the Senior Mortgages to collect rent, to appoint (or seek the appointment of) a receiver or to foreclose on (or to exercise a power of sale contained in) the Senior Mortgages. At any time after a Senior Mortgage Loan Default is determined to constitute a default under the Subordinate Loan Documents, the Subordinate Lender shall be permitted to pursue its remedies for default under the Subordinate Loan Documents, subject to the restrictions and limitations of this Agreement. If at any time the Borrower cures any Senior Mortgage Loan Default to the satisfaction of the County, as evidenced by written notice from the County to the Subordinate Lender, any default under the Subordinate Loan Documents arising from such Senior Mortgage Loan Default shall be deemed cured and the Subordinate Loan shall be retroactively reinstated as if such Senior Mortgage Loan Default had never occurred.

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ECTION 7 -- MISCELLANEOUS

7. Terms.

7.1. The Borrower, the County and the Subordinate Lender each agree that, in the event of any conflict or inconsistency between the terms of the Senior Mortgage Loan Documents, the Subordinate Loan Documents, and the terms of this Agreement, the terms of this Agreement shall govern and control solely as to the following: (a) the relative priority of the security interests of the County and the Subordinate Lender in the Property; (b) the timing of the exercise of remedies by the County and the Subordinate Lender under the Senior Mortgages and the Subordinate Mortgage, respectively; and (c) solely as between the County and the Subordinate Lender, the notice 343
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requirements, cure rights, and the other rights and obligations which the County and the Subordinate Lender have agreed to as expressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed to: extend Borrower's time to cure any Senior Mortgage Loan Default or Subordinate Loan Default, as the case may be; give the Borrower the right to notice of any Senior Mortgage Loan Default or Subordinate Loan Default, as the case may be other than that, if any, provided, respectively under the Senior Mortgage Loan Documents, the Subordinate Loan Documents; or create any other right or benefit for Borrower as against County or Subordinate Lender.

7.2. Rights and Obligations of the Subordinate Lender Under the Subordinate Loan Documents and of the County under the Senior Mortgage Loan Documents. Subject to each of the other terms of this Agreement, all of the following provisions shall supersede any provisions of the Subordinate Loan Documents covering the same subject matter:

7.2.1. Protection of Security Interest. The Subordinate Lender shall not, without the prior written consent of the County in each instance, take any action which has the effect of increasing the indebtedness outstanding under, or secured by, the Subordinate Loan Documents, except that the Subordinate Lender shall have the right to advance funds to cure Senior Mortgage Loan Defaults pursuant to Section 6.1 above and advance funds pursuant to the Subordinate Mortgage for the purpose of paying real estate taxes and insurance premiums, making necessary repairs to the Property and curing other defaults by the Borrower under the Subordinate Loan Documents.

7.2.2. Condemnation or Casualty. In the event of: a taking or threatened taking by condemnation or other exercise of eminent domain of all or a portion of the Property (collectively, a “Taking”); or the occurrence of a fire or other casualty resulting in damage to all or a portion of the Property (collectively, a “Casualty”), at any time or times when the Senior Mortgages remains a lien on the Property the following provisions shall apply:

7.2.2.1. The Subordinate Lender hereby agrees that its rights (under the Subordinate Loan Documents or otherwise) to participate in any proceeding or action relating to a Taking and/or a Casualty, or to participate or join in any settlement of, or to adjust, any claims resulting from a Taking or a Casualty shall be and remain subordinate in all respects to the County's rights under the Senior Mortgage Loan Documents with respect thereto, and the Subordinate Lender shall be bound by any settlement or adjustment of a claim resulting from a Taking or a Casualty made by the County; provided, however, this subsection and/or anything contained in this Agreement shall not limit the rights of the Subordinate Lender to file any pleadings, documents, claims or notices with the appropriate court with jurisdiction over the proposed Taking and/or Casualty; and

7.2.2.2. All proceeds received or to be received on account of a Taking or a Casualty, or both, shall be applied (either to payment of the costs and expenses of repair and restoration or to payment of the Senior Mortgage Loans) in the manner determined by the County in its sole discretion; provided, however, that if the County elects to apply such proceeds to payment of the principal of, interest on and other amounts payable under the Senior Mortgage Loans, any proceeds remaining after the satisfaction in full of the principal of, interest on and other amounts payable under the Senior Mortgage Loans shall be paid to, and may be applied by, the Subordinate 344
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Lender in accordance with the applicable provisions of the Subordinate Loan Documents, provided however, the County agrees to consult with the Subordinate Lender in determining the application of Casualty proceeds, provided further however that in the event of any disagreement between the County and the Subordinate Lender over the application of Casualty proceeds, the decision of the County, in its sole discretion, shall prevail.

7.2.3. No Modification of Subordinate Loan Documents. The Borrower and the Subordinate Lender each agrees that, until the principal of, interest on and all other amounts payable under the Senior Mortgage Loan Documents have been paid in full, it will not, without the prior written consent of the County in each instance, increase the amount of the Subordinate Loan, increase the required payments due under the Subordinate Loan, decrease the term of the Subordinate Loan, increase the interest rate on the Subordinate Loan, or otherwise amend the terms of the Subordinate Loan in a manner that creates an adverse effect upon the County under the Senior Mortgage Loan Documents. Any unauthorized amendment of the Subordinate Loan Documents or assignment of the Subordinate Lender's interest in the Subordinate Loan without the County's consent shall be void ab initio and of no effect whatsoever.

7.3. Modification or Refinancing of Senior Mortgage Loans.

Subject to the final sentence hereof, the Subordinate Lender consents to any agreement or arrangement in which the County waives, postpones, extends, reduces or modifies any provisions of the Senior Mortgage Loan Documents, including any provision requiring the payment of money.

Subordinate Lender further agrees that its agreement to subordinate hereunder shall extend to any new mortgage debt which is for the purpose of refinancing all or any part of the Senior Mortgage Loans (including reasonable and necessary costs associated with the closing and/or the refinancing); and that all the terms and covenants of this Agreement shall inure to the benefit of any holder of any such refinanced debt; and that all references to the Senior Mortgage Loans, the Senior Mortgage Notes, the Senior Mortgages, the Senior Mortgage Loan Documents and County shall mean, respectively, the refinance loan, the refinance note, the mortgage securing the refinance note, all documents evidencing securing or otherwise pertaining to the refinance note and the holder of the refinance note. Notwithstanding anything to the contrary in this Section 7, the County shall not, without the prior written consent of the Subordinate Lender in each instance, which will not be unreasonably withheld, take any action which has the effect of increasing the indebtedness outstanding under, or secured by, the Senior Mortgage Loan Documents, increasing the required payments due under the Senior Mortgage Loans, decreasing the term of the Senior Mortgage Loans, or increasing the interest rate on the Senior Mortgage Loans (other than on account of regular fluctuations in the variable interest rate on the Senior Mortgage Loans or in connection with charging default rate of interest following a Senior Mortgage Loan Default), except that the Senior Lender shall have the right to advance funds to cure Subordinate Loan Defaults pursuant to Section

5.1, above, and advance funds pursuant to the Senior Mortgage Loan Documents for the purpose of paying real estate taxes and insurance premiums, making necessary repairs to the Property, curing other defaults by Borrower under the Senior Mortgage Loan Documents, or protecting the Senior Lender’s security interest in the Property.

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7.4. Default by the Subordinate Lender or County.

If the Subordinate Lender or County defaults in performing or observing any of the terms, covenants or conditions to be performed or observed by it under this Agreement, the other, non- defaulting lender shall have the right to all available legal and equitable relief.

7.5. Notices.

Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as notices and referred to singly as a “notice”) which the County or the Subordinate Lender is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating next Business Day delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two (2) days after mailing in the United States), addressed to the respective parties as follows:

COUNTY:

County of Orange
OC Community Resources/
OC Housing & Community Development
1501 E. St. Andrew Place, 1st Floor,
Santa Ana, CA 92705
Attn: Director

SUBORDINATE LENDER:

City of Costa Mesa
77 Fair Drive
Costa Mesa, California 92626
Attention: City Manager

BORROWER:

American Family Housing
15161 Jackson Street
Midway City, CA 92655
Attn: Chief Executive Officer

Either party may, by notice given pursuant to this Section, change the person or persons and/or 346
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address or addresses, or designate an additional person or persons or an additional address or addresses for its notices, but notice of a change of address shall only be effective upon receipt.

7.6. General.

7.6.1. Assignment/Successors. This Agreement shall be binding upon the Borrower, the County and the Subordinate Lender and shall inure to the benefit of the respective legal successors and assigns of the County and the Subordinate Lender.

7.6.2. No Partnership or Joint Venture. The County's permission for the placement of the Subordinate Loan Documents does not constitute the County as a joint venturer or partner of the Subordinate Lender. Neither party hereto shall hold itself out as a partner, agent or Affiliate of the other party hereto.

7.6.3. County's and Subordinate Lender's Consent. Wherever the County's consent or approval is required by any provision of this Agreement, such consent or approval may be granted or denied by the County in its sole and absolute discretion, unless otherwise expressly provided in this Agreement. Wherever the Subordinate Lender's consent or approval is required by any provision of this Agreement, such consent or approval may be granted or denied by the Subordinate Lender in its sole and absolute discretion, unless otherwise expressly provided in this Agreement.

7.6.4. Further Assurances. The Subordinate Lender, the County and the Borrower each agree, at the Borrower's expense, to execute and deliver all additional instruments and/or documents reasonably required by any other party to this Agreement in order to (i) evidence that the Subordinate Mortgages are subordinate to the lien, covenants and conditions of the Senior Mortgages or (ii) further evidence the intent of this Agreement.

7.6.5. Amendment. This Agreement shall not be amended except by written instrument signed by all parties hereto.

7.6.6. Governing Law. This Agreement shall be governed by the laws of the State of California.

7.6.7. Severable Provisions. If any provision of this Agreement shall be invalid or unenforceable to any extent, then the other provisions of this Agreement, shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

7.6.8. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Mortgage Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Subordinate Loan Documents, other than by reason of payments which the Subordinate Lender is obligated to remit to the County pursuant to Section 4 hereof; (iii) the acquisition by the County of title to the Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the Senior Mortgages; or (iv) the acquisition by the Subordinate Lender of title to 347
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the Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, one of the Subordinate Mortgage, but only if such acquisition of title does not violate any of the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

-Signature Pages Follow-

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COUNTY OF ORANGE, a political subdivision of the state of California

By:____________________________________
Julia Bidwell, Director
OC Community Resources,
OC Housing and Community Development

APPROVED AS TO FORM

COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA

By
Deputy

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BORROWER:

AMERICAN FAMILY HOUSING,
a California nonprofit public benefit corporation

By: ___________________________
Myles Anthony Peinemann II
Chief Executive Officer

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CITY

CITY OF COSTA MESA,
a California municipal corporation

By: ____________________________

City Manager

ATTEST:

By:_____________________________

City Clerk

APPROVED AS TO FORM:

By:_____________________________

City Attorney

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County-Costa Mesa Exhibit A
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EXHIBIT A

LEGAL DESCRIPTION

Real Property in the City of Costa Mesa, County of Orange, State of California, described as follows:

PARCEL 2, IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 24 PAGE 23 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION CONVEYED TO MESA CONSOLIDATED WATER DISTRICT BY DEED RECORDED DECEMBER 31, 1986 AS INSTRUMENT NO. 86-656909, OFFICIAL RECORDS.

ALSO EXCEPTING ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS,

NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN

THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED,

TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND

OPERATING THEREFORE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER

LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE

FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS,

TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND

HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTCKED OR DIRECTIONALLY

DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE

EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,

DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500

FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED IN DEED FROM THE IRVINE COMPANY, A CORPORATION, RECORDED MARCH 5, 1968 IN BOOK 8535 PAGE 62 OF OFFICIAL RECORDS.

APN: 439-312-12

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1 MEMORANDUM OF AGREEMENT

BETWEEN THE COUNTY OF ORANGE AND

THE CITY OF COSTA MESA REGARDING RECEIVING

REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATIONS

PROGRESS CREDITS
T
his Memorandum of Agreement ("MOA") between the COUNTY OF ORANGE, a political subdivision of the State of California ("County") and the CITY OF COSTA MESA, a municipal corporation ("City"), is dated, for the convenience of the parties, as the first date upon which it is executed by both the County and the City, as shown by the signatures of their authorized representatives below, and the various obligations established hereby shall take effect as provided herein.

RE
CITALS
A. The Orange County Board of Supervisors ("Board") approved a loan under the 2026 Supportive Housing Notice of Funding Availability (the "2026 NOFA") in the amount of $4,100,000 on May 19, 2026, toward the completion of 78 units within a housing project (the "Project") on that certain real property located at 1400 Bristol Street, within the City of Costa Mesa, County of Orange, State of California.

B. The Board, acting as the Board of Commissioners to the Orange County Housing Authority, also approved the use of 48 Project-Based Housing Choice Vouchers, to further assist in the success of this Project.

C. The County desires to rely on housing proposed as part of the Project to meet certain affordable housing obligations imposed on the County by state law. Pursuant to Article 10.6 (the "Housing Element Law") (Government Code sections 65580 - 65589.8) of Chapter 3 of the Planning and Zoning Law, the Southern California Association of Governments ("SCAG") periodically adopts and assigns a Regional Housing Needs Assessment ("RHNA") allocation for each county and city in the County of Orange, including Orange County and the City of Costa Mesa. The current RHNA is designated as the sixth required revision by Government Code Section 65588, and is identified by SCAG as the 2021-2029 housing element planning period ("2021-2029 Planning Period"). The 2026 NOFA requires RHNA sharing for developments funded with County local revenue and regional revenue.

D. The City’s RHNA allocation for the 2021-2029 Housing Element planning period is 11,760 units. Cities typically must plan for a 15% buffer (1,764 units) above the RHNA , resulting in the City’s need to plan for approximately 13,524 units in various income categories.

E. The City’s adopted Housing Element is currently being reviewed by the California Department of Housing and Community Development ("HCD") for substantial compliance with State Housing Element law. Based on 15% above the RHNA units needed, the City estimates that it is currently under capacity by at least 1,200 units; however is actively working on securing additional projects and sites to achieve the RHNA allocation and buffer.

ATTACHMENT 4
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2 F. The City submitted the 2025 Housing Element Annual Progress Report to the HCD, reporting 78 units in the Very -Low Income Category for the Project at 1400 Bristol Street.

American Family Housing, developer of the Project, has indicated that the County is requesting 23 of the 78 units in the very low -income category to be credited to the County as a funding incentive. Reduction of the City’s RHNA reporting by 23 units further jeopardizes the City’s Housing Element’s finding of substantial compliance.

G. At such time that the City has adequate capacity to meet its RHNA allocation and associated buffer, the City will share credit between the City and the County for affordable units permitted by the City using 2026 NOFA funds. This MOA is intended by the County and the City to serve as agreement to establish the RHNA credits to be claimed by the City and the County for this Project.

H. Approval and successful implementation of the MOA will support the County's and City's progress toward meeting their respective 2021 -2029 RHNA allocations for the 2021-2029 Planning Period and complying with the various obligations set forth in their certified housing elements. The Parties agree that, notwithstanding any prior communications regarding this matter, this MOA is the final agreement concerning this matter and is binding on the Parties.

I. If the share of credit between the City and the County does not get effectuated in the 2021-2029 Planning Period, the Parties agree to discuss the transfer of the County’s RHNA allocation obligation to the City for the 2029-2037 Planning Period, as allowed under Government Code Section 65584.07 or any successor statut e ("Section 65584.07"). The transfer would apply to the 23 affordable units permitted by the City using the County’s 2026 NOFA funds.

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Parties hereto mutually agree as follows:

1. Housing Site. The "Housing Site" is incorporated by reference, and is identified as 1400 Bristol Street, in the City of Costa Mesa. The City will issue residential building permits for construction of affordable housing on the Housing Site during the 2021- 2029 Planning Period.

Issuance of building permits is subject to compliance with City and Building Code regulations.

Occupancy Permits will also be issued for affordable housing on the Housing Site during the 2021- 2029 Planning Period. The Housing Site remains in the City's jurisdiction, within the corporate boundaries of the City of Costa Mesa.

2. RHNA Allocation Credit.

a. Extremely Low-Income Unit Credit For the 2021-2029 RHNA Planning Period, the County shall receive RHNA allocation credits for 23 units from the City's 78 unit development, contingent upon County approval of 2026 NOFA funds for the Project. For purposes of this paragraph, "extremely low-income units" shall mean units where the household income for eligibility to live in the unit does not exceed 30% of the local area median income (AMI) as established by state and federal law.

The City shall receive RHNA allocation credits for 55 units. 354
3 b. Once the City achieves adequate RHNA capacity to meet its RHNA allocation and buffer, the City will coordinate with the County in the following manner: 1) the City will reduce the RHNA unit reporting for 1400 Bristol by 23 units in the extremely low-income category either by 2) amending the 2025 APR; or b) documenting reduction of 23 units for 1400 Bristol on the next APR; and inform the County that it may report the above -mentioned units towards the County’s RHNA.

c. The Parties agree that the land and financial commitments described in the Recitals to assist in the success of the Project is full and adequate consideration for the County to receive RHNA allocation credits for 23 extremely low -income units contemplated in this Section 2.

3. Cooperation. The City and County shall take all steps reasonably necessary to comply with and to implement this MOA.

4. Indemnification. City shall, to the extent permitted by law, indemnify, defend, and hold harmless the County and it officers, agents, and employees, from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon the negligence or wrongful act or omission of City or its City Council, boards and commissions, officers, agents, volunteers, or employees, in approving this MOA.

County shall, to the extent permitted by law, indemnify, defend, and hold harmless the City and its officers, agents, and employees, from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorney's fees), resulting from, arising out of, or based upon the negligence or wrongful act or omission of County or its Board of Supervisors, committees and commissions, officers, agents, volunteers, employees, in approving this MOA.

5. Time. Time is of the essence in this MOA.

6. Management. Except as otherwise provided in this MOA, the approval of both the City and County shall be required for decisions regarding management of the Project during the term of the Project's affordability.

7. Successors and Assigns. This MOA shall be binding upon and shall inure to the benefit of the County and City and their respective heirs, personal representatives, successors and assigns. Neither Party shall have the right to assign this MOA or any interest or right under this MOA without the prior written consent of the other Party.

8. No Attorneys' Fees. In any action between the Parties to interpret, enforce, award, modify or rescind any of the terms or provisions of this MOA, or any action otherwise commenced or taken in connection with this MOA, both Parties shall be responsible for their own respective litigation costs and attorneys' fees, except as provided in Section 5, above, regarding indemnity.

355
4 9. Jurisdiction and Venue. This MOA shall be construed under the laws of the State of California in effect at the time of the signing of this MOA. The Parties consent to the jurisdiction of the California courts with venue in County of Orange.

10. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this MOA or of any of its terms. References are to section numbers in this MOA, unless expressly stated otherwise.

11. Interpretation. As used in this MOA, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This MOA shall be interpreted as though prepared jointly by both Parties.

12. No Waiver. A waiver by either Party of a breach of any of the covenants, conditions or agreements under this MOA to be performed by the other Party shall not be construed as a waiver of any other such breach or succeeding breach or of the same or other covenants, agreements, restrictions or conditions of this MOA.

13. Modifications. Any alteration, change or modification of or to this MOA, to become effective, shall be made in writing and in each instance signed on behalf of each Party.

14. Severability. If any term, provision, condition or covenant of this MOA or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this MOA, and the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

15. Cooperation. Each Party agrees to cooperate with the other in the execution of this MOA and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this MOA including, but not limited to, releases or additional agreements.

16. Counterparts. This MOA may be signed in multiple counterparts which, when signed by all Parties, shall constitute a binding agreement.

17. Notices. Any notice requirement set forth herein shall be in writing and delivered to the appropriate party at the address listed in this subparagraph. Addresses for notice may be changed from time to time by written notice to the other party. All communications shall be effective when actually received; provided, however, that nonreceipt of any communication as the result of a change in address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication.

To County: County of Orange
Attn: OC Public Works, Development Services
60 l N. Ross Street
Santa Ana, CA 92701
356
5 To City: City of Costa Mesa
Attn: City Manager, Cecilia Gallardo-Daly
77 Fair Drive
Costa Mesa, CA 92626

IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed by authority of their respective governing bodies on the dates set forth opposite their signatures.

COUNTY:

COUNTY OF ORANGE,
a political subdivision of the State
of California

By: ____________________________
Dated: __________________________
Name: __________________________
Title: ___________________________
APPROVED AS TO FORM:

OFFICE OF COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA

By:
____________________________

CITY:

CITY OF COSTA MESA , a municipal corporation

By:_____________________________________
Cecilia Gallardo-Daly, City Manager

ATTEST:

By : ________________________________
Brenda Green, City Clerk

APPROVED AS TO FORM:
357
6 By:___________________________
Kimberly Hall Barlow, City Attorney
358

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-327 Meeting Date: 8/4/2026
TITLE:

INTRODUCE AND GIVE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA AMENDING TITLE 13 (PLANNING, ZONING, AND

DEVELOPMENT), OF THE COSTA MESA MUNICIPAL CODE UPDATING LAND USE

CLASSIFICATIONS FOR VARIOUS NON-RESIDENTIAL USES INCLUDING BUT NOT LIMITED

TO, PERSONAL SERVICES, ARTISAN STUDIO, ACTIVE ENTERTAINMENT USES, EVENT

CENTERS AND ASSEMBLY USES, FITNESS USES, AND OTHER NON-RESIDENTIAL USES AND STANDARDS- PCTY-26-0001
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT-

PLANNING DIVISION
PRESENTED BY: AMBER GREGG, CONTRACT PLANNER, AND MARTINA

CARON, PLANNING MANAGER
CONTACT INFORMATION: AMBER GREGG, [email protected] RECOMMENDATION:

Staff recommends the City Council:

1. Find that the proposed Zoning Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15305; and

2. Introduce for first reading, by title only, an Ordinance approving amendments to Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code to update land use classifications for various non-residential uses including but not limited to, personal services, artisan studio, active entertainment uses, event centers and assembly uses, fitness uses, and other non-residential uses and standards.

359

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 26-327 Meeting Date: 8/4/26
TITLE: INTRODUCE AND GIVE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA AMENDING TITLE 13 (PLANNING, ZONING, AND

DEVELOPMENT), OF THE COSTA MESA MUNICIPAL CODE UPDATING LAND USE

CLASSIFICATIONS FOR VARIOUS NON- RESIDENTIAL USES INCLUDING BUT NOT LIMITED

TO, PERSONAL SERVICES, ARTISAN STUDIO, ACTIVE ENTERTAINMENT USES, EVENT

CENTERS AND ASSEMBLY USES, FITNESS USES, AND OTHER NON-RESIDENTIAL USES AND STANDARDS– PCTY-26-0001

DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION

PRESENTED BY: AMBER GREGG, CONTRACT PROJECT MANAGER, AND

MARTINA CARON, PLANNING MANAGER

CONTACT INFORMATION: AMBER GREGG, [email protected]

RECOMMENDATION:

Staff recommends the City Council:

1. Find that the proposed Zoning Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15305; and

2. Introduce for first reading, by title only, an Ordinance approving amendments to Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code to update land use classifications for various non- residential uses includ ing but not limited to, personal services, artisan studio, active entertainment uses, event centers and assembly uses, fitness uses, and other non-residential uses and standards.

BACKGROUND:

The Costa Mesa Zoning Code serves as the City’s primary regulatory framework governing land use and development. While the Code has been periodically amended, many of the City’s commercial land use classifications have remained largely unchanged since adoption of the Citywide Land Use Matrix in 1997.

Over the past several decades, commercial business models, consumer preferences, and tenant demands have evolved significantly. Emerging uses such as wellness -oriented services, specialized fitness facilities, active entertainment venues, artisan production spaces, food halls, ghost kitchens, commercial kitchens, and e-sports-related businesses have become increasingly common but are not clearly addressed within the City’s existing regulatory framework.

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Item #: 26-327 Meeting Date: 8/4/2026

As a result, applicants frequently require use determinations or discretionary approvals for uses that are not specifically identified in the Zoning Code. This can increase processing time, create uncertainty for property owners and tenants, and limit opportunities for reinvestment in existing commercial properties.

To address these issues, staff initiated a comprehensive review of commercial land use classifications and related development standards.

On April 13, 2026, the Planning Commission conducted a public study session to review potential amendments to the Zoning Code related to personal services, fitness uses , active entertainment venues, artisan production spaces, food halls, ghost kitchens, commercial kitchens, and e- sports- related businesses, and regulations pertaining to commercial height limits and floor area ratio..

On June 22, 2026, the Planning Commission conducted a public hearing on the proposed Zoning Code amendments and expressed support for the overall direction of the amendments and recognized the proposal as a strong foundation for modernizing the City’s regulations. After receiving public comments and conducting discussion, the Commission requested additional analysis and refinement regarding the parking requirements and applicable size or operational thresholds for small fitness studios and requested additional review of the proposed exclusions from floor area ratio calculations, particularly the treatment of storage areas, equipment rooms, and other non- occupied spaces.

The
Commission therefore reopened and continued the public hearing to the July 13, 2026, Planning Commission meeting.

On July 13, 2026, the Planning Commission held a continued public hearing and reviewed the revision to the small fitness modifications and proposed modifications to the definition of Gross Floor Area. After receiving public comments and conducting discussion, the Planning Commission requested that the small fitness studio category be revised to up to 5,000 square feet. After discussion, the definition was revised and the Commission recommended (6-0) that the City Council adopt the ordinance, with a series of clarifying revisions and editorial changes.

Links to the April 13, 2026, June 22, 2026, and July 13, 2026, Planning Commission Agenda Reports are provided below.

April 13, 2026, Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7976488&GUID=694B0C33-AB5F-4F28- 8F1C-4E67CB6704A9&Options=&Search=

June 22, 2026, Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=8074127&GUID=C2A16155-8437-4BD9- BE88-51D5394B7C4C&Options=&Search=

July 13, 2026, Agenda Report
https://costamesa.legistar.com/LegislationDetail.aspx?ID=8131437&GUID=00F74BC6-2C2D-40D5- B7F2-398AEE96F1AA&Options=&Search=

ANALYSIS:

The proposed amendments represent a targeted effort to modernize the City’s commercial land use framework and address recurring implementation issues identified by staff, property owners, business operators, and applicants. The amendments establish clearer land use classifications, improve 361

Item #: 26-327 Meeting Date: 8/4/2026

consistency in code administration, provide flexibility for commercial reinvestment, and better accommodate evolving business models while maintaining compatibility with surrounding development.

See a summary of the proposed amendments in Table 1 with detailed descriptions following the table.

Table 1. Summary of Proposed Zoning Code Updates

PROPOSED UPDATES TO LAND USE MATRIX

TOPIC DESCRIPTION CURRENT

PROCESS

PROPOSED

PROCESS

1. Personal
Services
Establishes a broader Personal Services category for one- on-one customer-serving grooming, wellness, and similar uses that are currently regulated separately or not clearly identified. Adds regulations for group setting instruction.

New definition and special land use regulations proposed.

CUP* if not
expressly
called out
Permitted by
right

2. Artisan Studio Consolidates small-scale creative production, artist spaces, and related accessory retail uses into one
category. Provides a clearer framework for hybrid
businesses that produce and sell goods on-site. New
definition and special land use regulations proposed.

CUP if not
expressly
called out
Permitted by
right

3. Active
Entertainment
New category for indoor, participant-based entertainment uses of 15,000 square feet or less, where customers
actively engage in recreation or gaming activities. Uses would be allowed by right in Commercial zones and require MCUP in MG and MP Industrial zones. Examples include
escape rooms, virtual reality venues, and similar uses.

Parking requirements and definition added. Uses larger than 15,000 square feet would fall under Amusement
Centers and would require a CUP. New definition and
special land use regulations proposed.

CUP if not
expressly
called out
Permitted by
right; MCUP*
Industrial
Zones; and
CUP >15,000
sf

4. Event Center
and Assembly
Uses
Consolidates banquet halls, assembly halls, reception
venues, conference facilities, and spectator-oriented e- sports arenas into a single classification of event center.

This update distinguishes assembly uses from active
entertainment and applies consistent operating standards.

New definition and special land use regulations proposed.

CUP CUP Clarifies
Standard

5. Fitness Uses Establishes two categories for smaller and mid-sized fitness uses, 1) Small Fitness Studio for uses less than 5,000 square feet in size, and 2) Fitness Studio for uses from 5,000 square feet to 15,000 square feet. These
categories would distinguish smaller facilities from larger fitness clubs that operate at a greater scale and intensity and are regulated under existing “Physical Fitness Facility” uses. Parking requirements, new definition, and special land use regulations proposed.

CUP if not
expressly
called out
Permitted by
right

6.a. Food Halls Defines food halls as a specifically identified restaurant- related use to clarify how multi-vendor dining spaces are classified and reviewed. Food Halls are regulated under existing standards.

Limited
Definition
Clarifies
Standard
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Item #: 26-327 Meeting Date: 8/4/2026

6.b. Ghost
Kitchen
Defines and adds ghost kitchens to the Food And
Beverage Section of the Zoning Code as a specifically
identified restaurant-related use to clarify how multi-vendor dining spaces are classified and reviewed. Parking
requirements, new definition and special land use
regulations proposed.

CUP if not
expressly
called out
Ghost Kitchen
Permitted or
MCUP*

7. Electric
Vehicle
Charging
Establishes electric vehicle charging stations as a
permitted use, consistent with State law. New definition and development standards proposed.

Silent Permitted by
right

8. Sprots Clubs Clarifies that indoor sports clubs, such as basketball, pickleball, volleyball, and soccer training facilities, are regulated under the existing “Physical Fitness Facility” uses. These uses require a Conditional Use Permit
consistent with the existing framework for larger fitness and recreation facilities. New definition proposed.

CUP Clarifies
Standard

9. Commercial
Kitchens
Establishes land use classification for commercial kitchens, including catering kitchens, shared kitchens, and similar food preparation facilities without traditional on-site dining.

Provides a clearer framework for evaluating newer food
service business models. Parking requirements and a new definition proposed.

CUP if not
expressly
called out
Permitted by
right in
Industrial
Zones

10. Height
Deviation
Allows limited height deviations for commercial
development through Minor Conditional Use Permit review to accommodate architectural features and functional
rooftop elements. The amendment is intended to provide
flexibility for building modernization while maintaining compatibility with surrounding development. Revised
development standards proposed.

Variance Up to 12 ft or
40% increase
with MCUP

11. Floor Area
Ratio
Clarifies how “Gross Floor Area” is measured for non-
residential FAR implementation by identifying which
building areas are included and excluded from the
calculation. The amendment is intended to improve
consistency and better align FAR with occupiable area and site intensity. Revised definitions proposed.

Limited
Definition
Clarifies
Standard
*CUP means Conditional Use Permit; MCUP means Minor Conditional Use Permit

1. Personal Services

The Zoning Code currently regulates many personal service businesses individually, including barber shops and massage establishments, while other common uses such as beauty salons and nail salons are not expressly identified. This often requires staff interpretation and creates uncertainty for applicants.

The proposed amendment establishes a comprehensive Personal Services category encompassing customer-oriented grooming, wellness, and personal care services. Examples include barber shops, beauty salons, nail salons, day spas, wellness centers, and massage establishments. Uses providing group instruction or group- oriented services would be subject to additional operational standards contained in the Zoning Code’s “Special Land Use Regulations” . This amendment simplifies administration, improves consistency, and allows common service-oriented businesses to be permitted by right in appropriate commercial zones.
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Item #: 26-327 Meeting Date: 8/4/2026

2. Artisan Studio

The existing Zoning Code does not adequately address modern artisan and maker-based businesses that combine creative production, fabrication, and accessory retail sales within the same space. The proposed amendment establishes an Artisan Studio classification that consolidates artist studios, photography studios, recording studios, custom woodworking shops, and similar small -scale production uses into a single category. The amendment recognizes the growing trend of businesses that both create and sell products on-site.

The new classification supports adaptive reuse of commercial space, encourages creative industries, and provides a clearer regulatory framework for hybrid business models.

3. Active Entertainment

Entertainment uses are currently regulated through a series of individual use categories that do not adequately reflect newer interactive recreation businesses. The proposed amendment establishes a new Active Entertainment classification for indoor participant-based recreational uses that are 15,000 square feet or less. Examples include escape rooms, virtual reality gaming facilities, sports simulators, interactive arcades, and e-sports gaming lounges.

Smaller facilities would be permitted by right in commercial zones. Facilities exceeding 15,000 square feet would be classified as Amusement Centers and require a Conditional Use Permit due to their potential for increased traffic, parking demand, and operational impacts. This amendment provides a clear framework for emerging recreation uses while maintaining appropriate review of larger regional- serving facilities.

4. Event Centers and Assembly Uses

Several assembly-related uses are currently regulated separately despite having similar operational characteristics. The proposed amendment consolidates banquet facilities, reception venues, assembly halls, conference facilities, and spectator -oriented e- sports venues into a single Event Center classification. The amendment maintains the Conditional Use Permit requirement while establishing consistent operational standards and review criteria. The revised framework improves regulatory clarity and ensures similar assembly uses are evaluated consistently.

5. Fitness Uses

The fitness industry has evolved significantly, with many businesses now operating as specialized instructional studios rather than traditional health and fitness clubs. The proposed amendment establishes a new Small Fitness Studio category would apply to facilities of up to 5,000 square feet that are generally designed for one- on-one instruction, personal training, or small classes. An intermediary Fitness Studio category would apply to facilities that are 5,000 square feet or larger but do not exceed 15,000 square feet. These new categories are intended to accommodate small- to mid- sized class-based fitness businesses, such as yoga, Pilates, barre, cycling, martial arts, dance-based fitness, circuit training, and simi lar uses, without classifying them as large fitness centers or health 364

Item #: 26-327 Meeting Date: 8/4/2026

clubs. The amendment distinguishes these uses from larger Physical Fitness Facilities and allows them to be permitted by right in commercial zones while maintaining appropriate operation al standards.

6. Food Halls and Ghost Kitchens

The City’s Zoning Code currently does not specifically identify Food Halls or Ghost Kitchens despite their increasing popularity throughout Southern California.

Food Halls - The amendment establishes a defi nition for Food Halls as multi -vendor dining destinations where several independent food operators share common seating and customer areas.

Food Halls would continue to operate under existing restaurant regulations and parking standards.

The amendment primarily provides clarity regarding classification and review procedures.

Ghost Kitchens - The amendment establishes a definition and operational standards for Ghost Kitchens, which are food preparation facilities designed primarily for delivery, mobile ordering, and customer pickup rather than on-site dining. Because these facilities may generate significant delivery and pickup traffic, Ghost Kitchens would require a Minor Conditional Use Permit in the C1 District while remaining permitted by right in C2 and Industrial districts.

The amendment ensures these uses are reviewed in a manner consistent with their operational characteristics and potential impacts.

7. Electric Vehicle Charging Stations

State law requires local agencies to provide streamlined permitting for electric vehicle charging infrastructure. However, EV charging stations are not clearly identified within the City’s Zoning Code.

The proposed amendment expressly identifies EV charging stations as permitted uses and clarifies that they may be established as primary or accessory uses subject to ministerial review. The amendment ensures consistency with State law and supports continued expansion of electric vehicle infrastructure throughout the City.

8. Sports Clubs

Indoor sports facilities have become increasingly common but are not clearly distinguished from other fitness-related uses within the Zoning Code. The proposed amendment clarifies that Sports Clubs, including indoor basketball facilities, pickleball centers, soccer training facilities, volleyball facilities, and similar uses, are regulated under the existing Physical Fitness Facility classification. These uses would continue to require a Conditional Use Permit due to their larger size, operational intensity, and parking demand. The amendment improves clarity without substantially changing existing entitlement requirements.

9. Commercial Kitchens

Commercial kitchens are becoming increasingly important for catering businesses, food entrepreneurs, and shared food production operations but are not clearly classified within the existing 365

Item #: 26-327 Meeting Date: 8/4/2026

Zoning Code. The proposed amendment establishes a Commercial Kitchen land use classification that includes catering kitchens, commissary kitchens, and shared- use kitchen facilities that do not provide traditional on- site dining. Commercial Kitchens would be permitted by right in Industrial districts and regulated separately from traditional restaurants and ghost kitchens. This amendment supports food-related entrepreneurship while ensuring these uses are located in appropriate areas.

10. Height Deviations

Many commercial properties face challenges when attempting to modernize buildings due to rigid height limitations that may restrict architectural improvements, screening features, rooftop equipment, and other functional building elements. The proposed amendment establishes a Minor Conditional Use Permit process that would allow height deviations of up to 12 feet or 40 percent above the permitted height limit, whichever is less.

Applications would be required to demonstrate compatibility with surrounding development, enhancement of architectural design, and avoidance of adverse impacts to neighboring properties.

The amendment provides flexibility for building modernization while maintaining C ity oversight and compatibility protections.

11. Floor Area Ratio (FAR) Clarification

The General Plan regulates nonresidential development intensity through Floor Area Ratio (FAR).

However, the current definition of Gross Floor Area provides limited guidance regarding which building areas are included in FAR calculations. The Planning Commission recommended the following revised definition:

Gross Floor Area. The total horizontal area of all floors within the exterior walls of a structure. The following areas do not contribute to the building’s occupancy or intensity of use and shall be excluded from the gross floor area calculation: garages or carports used for parking, elevator and stair shafts, mechanical shafts, pipe chases, equipment and mechanical rooms, electrical rooms, and other accessory storage, utility or service spaces, that are devoted exclusively to development operations and maintenance.

The proposed amendment establishes a clearer definition of Gross Floor Area by excluding garages or carports used for parking, elevator and stair shafts, mechanical shafts, pipe chases, equipment and mechanical rooms, electrical rooms, and other accessory storage, utility or service spaces, that are devoted exclusively to development operations and maintenance as these areas do not contribute to intensity or trip generation.

Parking Standards

As part of the amendments, newly established land use classifications are aligned with existing parking standards. The amendments do not create new parking ratios but instead apply existing City parking standards to the newly defined uses based on their operational characteristics. Additionally, staff proposes removing minimum parking space requirements embedded within certain parking calculations to create greater consistency across all business sizes. 366

Item #: 26-327 Meeting Date: 8/4/2026

Economic Development Benefits

Collectively, the proposed amendments support the City’s economic development objectives by:

• Reducing entitlement uncertainty;
• Improving predictability during tenant leasing and project review; • Facilitating adaptive reuse of existing commercial buildings; • Supporting emerging industries and business models;
• Encouraging reinvestment in aging commercial centers; • Activating vacant commercial spaces;
• Improving permit processing efficiency; and
• Aligning the Zoning Code with contemporary market conditions and consumer trends.

The amendments modernize the City’s re gulatory framework while maintaining the City’s longstanding goals related to compatibility, public safety, and orderly development.

ALTERNATIVES:

City Council alternatives include the following:

1. Introduce for first reading, by title only, an Ordinance approving amendments as recommended by the Planning Commission.

2. Introduce for first reading, by title only, an Ordinance approving amendments with modifications identified by the City Council.

3. Deny the proposed amendments and direct staff to return with alternative amendments for consideration.

FISCAL REVIEW:

The proposed amendments are administrative in nature and are not anticipated to have a direct fiscal impact on the City. By improving regulatory clarity and facilitating commercial reinvestment, the amendments may support future economic activity and private investment within the City.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the proposed Ordinance and approved it as to form.

PUBLIC NOTICE:

Pursuant to Title 13, Section 13- 29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:

1. On-site posting. A public notice was posted at City Hall and on the City’s website on July 24, 2026.

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Item #: 26-327 Meeting Date: 8/4/2026

2. Newspaper publication. A public notice was published in the Daily Pilot newspaper on July 24, 2026.

As of the date of this report, no written public comment has been received. See Attachment 9 for the Planning Commission public comments.

Any public comments received for the August 4, 2026, City Council meeting, may be viewed at this link: CITY OF COSTA MESA - Calendar (legistar.com)

CITY COUNCIL GOALS AND PRIORITIES:

The proposed amendments support the City Council’s goals of maintaining a strong local economy, promoting business investment, improving government efficiency, encouraging reinvestment in commercial corridors, and ensuring that the City’s regulatory framework remains responsive to evolving community and market needs.

CONCLUSION:

The proposed Zoning Code amendments represent a focused effort to modernize Costa Mesa’s commercial land use regulations and address recurring implementation issues identified through project review and stakeholder feedback. The amendments establish clear classifications for emerging commercial uses, improve consistency in code administration, provide targeted flexibility for building modernization, and clarify implementation of key development standards. The amendments support economic development, adaptive reuse, and reinvestment in commercial properties while maintaining the City’s long-standing planning objectives and development standards.

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ATTACHMENT 1

Ordinance No. 2026-xx Page 1 of 5

ORDINANCE NO. 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE (PLANNING, ZONING, AND DEVELOPMENT) TO UPDATE SPECIFIC NON

RESIDENTIAL LAND USE CLASSIFICATIONS FOR VARIOUS NON- RESIDENTIAL

USES INCLUDING BUT NOT LIMITED TO, PERSONAL SERVICES, ARTISAN STUDIO,

ACTIVE ENTERTAINMENT USES, EVENT CENTERS AND ASSEMBLY USES, FITNESS USES, AND OTHER NON-RESIDENTIAL USES AND STANDARDS– PCTY- 26-0001

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

WHEREAS, the City of Costa Mesa Municipal Code, Title 13 Planning Zoning and Development Code was last significantly updated in 1997, and since that time has been periodically amended;
WHEREAS, Title 13 Planning, Zoning, and Development Code serves as the primary regulatory framework governing land use and development throughout the City, and a clear and modern Zoning Code supports economic development by providing certainty for property owners, tenants, and investors while ensuring that new development remains consistent with the City's General Plan and community objectives; WHEREAS, new business types, including wellness-oriented services, specialized fitness facilities, active entertainment venues, artisan production spaces, food halls, ghost kitchens, commercial kitchens, and e-sports-related uses are increasingly common but are not clearly addressed within the City's existing regulatory framework; WHEREAS, this Ordinance would amend the foll owing Chapters in Title 13 of the Costa Mesa Municipal Code to implement amendments to the Zoning Code to facilitate clarity and regulation requirements:
a. Chapter I, Article 2, Definitions;
b. Chapter IV, Citywide Land Use Matrix;
c. Chapter V Development Standards, Article 3, Commercial Development Standards;
d. Chapter V Development Standards, Article 4, Establishments Where Food 369

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or Beverages are Served;
e. Chapter VI, Off-Street Parking Standards, Article 2, Non-Residential Districts;
f. Chapter VI, Off-Street Parking Standards, Article 3, Development Standards; and
g. Chapter IX, Article 24, Group Instruction/Setting & Small Fitness Studio.

WHEREAS, a Study Session was held by the Planning Commission on April 13, 2026, with all persons having the opportunity to speak for and against the amendments; WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 22, 2026 with all persons having the opportunity to speak for and against the amendments;
WHEREAS, after holding the public hearing, the Planning Commission conducted a discussion, re-opened the public hearing, and continued the item to the regularly scheduled Planning Commission meeting of July 13, 2026; WHEREAS, a public hearing was held by the Planning Commission on July 13, 2026, with all persons having the opportunity to speak for and against the amendments , and the Planning Commission recommended the City Council approve the proposed amendments;
WHEREAS, the proposed amendments have been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption, because it can be seen with cer tainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment. The amendments primarily involve updates to land use classifications, definitions, and administrative development standards. Additionally, portions of the amendment may be categorically exempt pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations); WHEREAS, a duly noticed public hearing was held by the City Council on ___________ , 2026 with all persons having the opportunity to speak for and against the amendments; and

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. The City Council, in its independent judgement, hereby adopts the Zoning Code amendments incorporated herein as Exhibits A through G:
• Exhibit A: Chapter 1, Article 2, Definitions;
• Exhibit B: Chapter IV, Citywide Land Use Matrix;
• Exhibit C: Chapter V, Development Standards, Article 3, Commercial Development Standards;
• Exhibit D: Chapter V Development Standards, Article 4, Establishments Where Food or Beverages are Served;
• Exhibit E: Chapter VI, Off-Street Parking Standards, Article 2, Non-Residential Districts
• Exhibit F: Chapter VI, Off-Street Parking Standards, Article 3, Development Standards; and
• Exhibit G: Chapter IX, Special Land Use Regulations;
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. S everability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 4. E
ffective Date. This Ordinance shall take effect thirty (30) days after its final passage.
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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 ___day of _____, 2026.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2026-xx was duly introduced for first reading at a regular meeting of the City Council held on the ____day of _________ 2026, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the ___ day of _________, 2026, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
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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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EXHIBIT A
Chapter I, 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 XII, 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).

Active Entertainment. A commercial use that provides interactive, participant-based amusement, recreation, or game- oriented activities for individual or group participation and is limited to a maximum of 15,000 square feet . Active Entertainment does not include spectator-oriented uses, live performance theaters, adult entertainment businesses, physical fitness facilities, or event centers.

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. -1-
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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.

Amusement Center. A commercial use that provides interactive, participant -based amusement, recreation, or game- oriented activities for individual or group participation and is larger than 15,000 gross square feet. Amusement Center does not include spectator-oriented uses, live performance theaters, adult entertainment businesses, physical fitness facilities, or event centers.

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

Artisan Studio. A workspace for the creation, display, and retail sale of artwork and hand crafted goods, including custom woodworking and furniture making, where products are primarily created by the artist or artisan on-site; excluding automotive repair and food related production. Examples include, but are not limited to, artist studios and workshops, photography studios and commercial photography, recording studios, music studios, galleries, and showrooms.

Assembly use. A use conducted in a structure or outdoor venue for the purpose of gathering of persons for a civic, education, political, religious, or social function , or -2-
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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 ow n 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 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 -3-
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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.

Commercial Kitchen. A food preparation facility used by one or more food operators for the preparation, cooking, processing, packaging, and storage of food or beverages for off -site consumption, distribution, catering, wholesale, or other commercial purposes, with no on- site d ining, retail sales, customer pick -up, or delivery service to the general public. A commercial kitchen may include catering kitchens, commissary kitchens, shared-use kitchens, and food production facilities, but does not include a restaurant, ghost kitchen, food hall, or other food service establishment where food orders are accepted from customers and fulfilled directly from the premises.

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.

Community Development Department. Refers to the Community Development Department of the City of Costa Mesa on or after July 1, 2026, and the Economic and Development Services Department and/or Development Services Department of the City of Costa Mesa prior to July 1, 2026.

Community Development Director. The director of the Community Development Department of the City of Costa Mesa, or his or her designee.

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. -4-
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Development. The division of land into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

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

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

Development services director. See Community Development 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 si ngle-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 u nit. 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 -5-
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or connected therewith, operates, or which may be operated for use as a game, contest, or amusement through the exercise of skill or chance.

Electric vehicle charging station. As defined by Government Code Section 65850.7.

Electric vehicle supply equipment . The hardware, including connectors, fixtures, devices, and other components required to charge an electric vehicle.

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.

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.

E-Sports or Electronic Sports . Means a participant-based organized competitive playing of video games using digital gaming platforms.

E-Sports Arena. A facility designed and operated primarily for organized E-sports competitions, tournaments, exhibitions, broadcasts, live- streaming events, or similar events where spectator viewing and attendance are the principal activities.

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 Event Center. A facility designed for assembly use and to accommodate organized events, competitions, ceremonies, meetings, entertainment, spectator viewing, or similar group activities. Event Centers are also referred to as Banquet Facilities, Assembly Halls, and Arenas.

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.

Fitness studios. Means an indoor commercial use of more than 5,000 square feet but less than 15,000 square feet that provides instructor-led instruction, training, or structured physical activity, either in a group setting or one- on-one, including, but -6-
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not limited to: dance, martial arts, yoga, Pilates, high- intensity interval training (HIIT), circuit training, and similar small- group fitness activities. These uses are characterized by scheduled classes or training sessions and are limited in scale and intensity. This use does not include large health clubs, commercial gyms, indoor sports training facilities, or uses greater than 15,000 square feet of gross floor area.

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

Food Hall . A single, integrated food and beverage establishment, or restaurant, containing three or more independently operated food or beverage vendors or counters within a shared building or tenant space, with common customer seating, shared circulation, and shared amenities. A food hall may include accessory alcohol service, entertainment, retail, or event programming when allowed by applicable permits, but does not include ghost kitchen or commercial kitchen.

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.

Ghost Kitchen. A food preparation facility used by one or more food operators for the preparation of meals or beverages for off -site consumption through delivery, mobile ordering, or customer pick -up, with no dine -in restaurant service. A ghost kitchen may include multipl e virtual restaurant brands, shared order fulfillment areas, delivery driver staging, and limited pick-up lobby areas, but does not include a catering kitchen, commercial kitchen, or food hall.

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 floor area. The total horizontal area of all floors within the exterior walls of a structure. The following areas do not contribute to the building’s occupancy or intensity of use and shall be excluded from the gross floor area calculation: garages or carports used for parking, elevator and stair shafts, mechanical shafts, pipe chases, equipment and mechanical rooms, electrical rooms, and other accessory -7-
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storage, utility or service spaces, that are devoted exclusively to development operations and maintenance.

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

Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units.

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

Health Club. See Physical Fitness Facility.

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 -8-
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service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

Integral uses. Any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.

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

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

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

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

Lot.
(a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the Subdivision Map Act and 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. -9-
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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.

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 -10-
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standards contained in this Zoning Code, based on specified findings.

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

Mobile home. See Manufactured housing.

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

Motel. Any building or combination of buildings of one to three stories in height having six or more guest rooms with parking located convenient to the guest rooms and providing temporary lodging for automobile tourists and transient visitors.

Typically, guest rooms have direct access to available parking without passing through a common lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels.

Municipal Code. City of Costa Mesa Municipal Code.

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

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

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

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. -11-
384
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.

Personal Services . A commercial use that provides personal care, grooming, wellness, aesthetic, or convenience services directly to individuals. This category does not include group fitness uses, medical offices, or other uses involving medical diagnosis or clinical treatment.

Personal Services, Group. A commercial use that provides personal care, grooming, wellness, aesthetic, or convenience services directly to individuals that include group instruction or group setting. This category does not include group fitness uses, medical offices, or other uses involving medical diagnosis or clinical treatment.

Physical Fitness Facility. Means a facility, building, or portion thereof designed and operated for physical fitness, athletic training, sports instruction, exercise, recreation, or wellness activities conducted individually or in groups, with a gross floor area of 15,000 square feet or gr eater. Such facilities may include exercise equipment, fitness classes, courts, fields, training areas, locker rooms, spectator seating accessory to the primary use, and related support amenities. Also see Health Club.

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 Community Development Ddepartment of the City of Costa Mesa.

Project. See Development.
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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.

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

Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line.

Irregularly shaped lots may also have more than one rear property line.

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

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

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

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

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

Recyclable materials. Reusable materials, including, but not limited to, metals, glass, 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, -13-
386
grinding, crushing, mechanical sorting, shredding, cleaning or remanufacturing.

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

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

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

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

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

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

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

Setback. The required distance that a building, structure, parking or other designated 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 interact ion 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 -14-
387
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 Fitness Studio. An indoor commercial use of up to 5 ,000 square feet that provides instructor-led instruction, training, or structured physical activity, either in a group setting or one- on-one, including, but not limited to: dance, martial arts, yoga, Pilates, high- intensity interval training (HIIT), circuit training, and similar small-group fitness activities. These uses are characterized by scheduled classes or training sessions and are limited in scale and intensity.

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

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

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

Sober living home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit; (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. -15-
388
State. State of California.

Story. For purposes related to zoning regulations, a story is that portion of a building included between the surface of any floor and the surface of the floor next above it.

If there is no floor above it, then the space between such floor and the ceiling next above it shall constitute a story. An attic shall not be considered a story. A basement or cellar shall not be considered a story, if the finished floor level directly above the basement or cellar is less than four feet above finish grade at all locations. Any uncovered deck or activity area above the first story shall be considered a story.

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

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

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

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, as defined in Section 50675.14 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 vehicle trips for a given unit of development intensity (i.e., trip per unit, trip per 1,000 square feet, etc.).

Uncontrolled environment. A location where there is the exposure (to radiofrequency radiation) of individuals who have no knowledge or control of their exposure. The exposures may occur in living quarters or work places where there are no expectations that the exposure levels may exceed the exposure and induced current levels permitted for the general public.
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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.
(Or
d. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord. No. 00-5, § 1(a), 3-20-00; Ord. No. 01-16, § 1a., 6-18-01; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5-06; Ord. No. 09-3, §§ 1a., b., 5-19-09; Ord. No. 09-4, § 1a., 5-5-09; Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2A., 3-19-13; Ord. No. 13-05, § 1, 12-3-13; Ord. No. 14- -17-
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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; Ord. No. 26-03 § 04-07-26)
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EXHIBIT B
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, pursuant to Chapter III, Planning Applications.
(b) Uses proposed in the planned development zones are subject to verification of consistency with the master plan adopted for planned development zones. A proposed use not expressly allowed by the adopted master plan may require additional discretionary review pursuant to Table 13-30, Land Use Matrix.
(c) All listed uses in the matrix are subject to verification of compliance with density and floor area ratio limits, parking requirements and performance standards which may, in certain cases, prevent the establishment of the use.
(d) Any proposed use not listed in the Land Use Matrix shall be reviewed by the development services director to determine its similarity to another listed use. If no substantial similarity exists, the proposed use shall require approval of a conditional use permit prior to establishment of the use.
(e) For the purpose of Table 13- 30, Land Use Matrix, the various zoning districts are labeled as follows:

Res
idential 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 -19-
392
(f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable.
(g) For the mixed-use overlay district located in an urban plan area, please refer to the appropriate urban plan text for additional regulations related to development standards and allowable land uses as applicable. -20-
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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 S6 S6 S6 • • • • • • • • S6 S6 S6 S6 S6 S6 P • P •

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

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

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

9.1 Sober living
homes, seven or
more
• C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •
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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 C2 C2 • • • C2 • • • • • C2 C2 • • • • • • •

11. Single room
occupancy residential
hotel (subject to City
Council Policy 500-5)
• • • • • • C2 C2 • • • • • • • • • • • • • •
Employee housing, six
or fewer
P P P P • • • • • • • • P P P P P P • • P •
Supportive housing P12 P11, 12
P11, 12
P11, 12
• • • • • P11, 12 • • P11, 12
P11, 12
P11, 12
P11, 12
P11, 12
P11, 12
• • P11, 12
•
Transitional housing P12
P12 P12 P12 • • • • • P12 • • P12 P12 P12 P12 P12 P12 • • P12 • Low barrier navigation
center
• • • • • • • • • P13 • • • • • • P13 P13 • • P13 •

ACCESSORY USES

12. Electric Vehicle
Charging Station,
Accessory Use
(subject to the
requirements of
Chapter IV, 13-30)
P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

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

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

15. Reserved

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

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

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

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

20. Reserved

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

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

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

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

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

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

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

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

22.4 Temporary real
estate and
construction offices
(subject to the
requirements of ch. IX,
art. 10, temporary
trailers)
P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 -24-
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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

INSTITUTIONAL AND RECREATIONAL USES

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

24. Churches and
other places of
religious assembly
(Subject to the
requirements of article

4.5, development
standards for churches
and other places of
religious assembly)
C2 C2 C2 C2 C2 C2 P2 P2 C2 C2 P2 P2 C2 C2 C2 C2 C2 C2 P2 C2 C2 •

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

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

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

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

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

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

31. Libraries, privately-
operated
C C C C • • C C C C C C C C C C C C P C • •
31a. Marijuana and/or
medical marijuana
cultivation
• • • • • • • • • • • • • • • • • • • • • •
31b. Cannabis and/or
marijuana distributer
• • • • • • • • • • • C9 • • • • • C9 • • •
31c. Cannabis and/or
marijuana
manufacturer or
• • • • • • • • • • • C9 • • • • • C9 • • •
-25-
398
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
processor
31d. Cannabis and/or
marijuana retail sales
storefront
• • • • • C9 C9 C9 C9 C9 • • • • • • • • • • •
31e. Cannabis and/or
marijuana retail sales
nonstorefront
(deliveries)
• • • • • C9 C9 C9 C9 C9 • C9 • • • • • C9 • • • •
31f. Cannabis and/or
marijuana research
and development
and/or testing
laboratories
• • • • • • • • • • • C9 • • • • • C9 • • •

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

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

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

35. Public offices and
facilities, such as city
halls, 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 • • •
-26-
399
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

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

SPECIAL SEASONAL EVENTS

40. Reserved

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

COMMERCIAL AND

INDUSTRIAL USES

42. Acupressure;
massage (subject to
the requirements of
title 9, chapter ii,
article 22, Massage
establishments and
practitioners)
• • • • P2 P2 P2 P2 P2 P2 • • • • • • P2 • • • • •
42a. Active
Entertainment (subject
to the requirements of
chapter IX, article 5,
electronic game
machines and Article
26, Active
Entertainment)
• • • • P P P P P P MC MC • P P P P P • • • •

43. Adult businesses
(See Sexually-oriented

businesses)

44. Aggregate batch
plants; Rock or asphalt
crushing; Sand
• • • • • • • • • • • • • • • • • • • • • •
-27-
400
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
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, and Article
26, Active
Entertainment/Amuse
ment Center)
• • • • • • C2 C2 C2 C2 • • • C2 C2 C2 C2 • • • • •

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

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

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

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

51. Automobile (See
Motor vehicle)

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

53. Bars; nightclubs
(See Establishments
where food or
beverages are
served)
-28-
401
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

54.Reserved 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 • • • • • • MC MC MC MC MC MC • MC MC MC MC MC • • • •

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

57. Bowling centers • • • • • • MC MC MC MC • • • • • MC MC • • • • •

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

59. Reserved

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

61. Business
services—See Offices

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

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

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

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

66. Coffee roasting (in
conjunction with
establishments where
food or beverages are
served)
• • • • • • MC MC MC MC MC MC • MC MC MC MC MC • • • •
-29-
402
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

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

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

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

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

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

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

73. Electronic game
machines (four or
more), incidental to the

primary use, (subject
to the requirements of
chapter IX, article 5,
electronic game
machines)— Excluding
amusement centers
listed separately
• • • • • 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
• • • •
-30-
403
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

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

77. Event Center
(subject to the
requirements of
chapter IX, article 25,
Event Center)
• • • • • • C C C C C C • • • C C C • • • •

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 • • • •

79. Electric Vehicle
Charging Station,
Primary Use (subject
to the requirements of
Chapter IV, 13-30)
• • • • P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

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

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

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

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

84. Landscape
services (installation
• • • • • MC MC P P • P P • • • • • P • • • •
-31-
404
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
and maintenance)

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

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

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

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

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

90. Manufacturing:

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

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

92. Manufacturing of
stone, clay, glass and
• • • • • • • • • • P2
P2
• • • • • P2
• • • •
-32-
405
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
concrete products
EXCEPT the
following which are
prohibited:
• Manufacture of
flat glass
• Manufacture of
cement and
structural clay
products
• Manufacture of
concrete, gypsum
and plaster
products
• Manufacture of
abrasive and
asbestos products
• Manufacture of
nonclay refractories
and crucibles
• Processing and
preparation of clay,
ceramic and
refractory minerals

93. Manufacturing or
processing of foods
and beverages
EXCEPT the
following which are
prohibited:
• Meat and
poultry packing
plants
• Grain mills
• Sugar refining
• Fats and oils
processing
mills
• Seafood canneries
and packaging
(See also Breweries;
Distilleries; Coffee
roasting)
• • • • • • • • • • P2
P2
• • • • • P2
• • • •
-33-
406
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

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

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

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

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

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

99. Motion picture
theaters and other
theaters not within
200 feet of residential
zones
• • • • • • P P P P • • • • • • P • • • • •
100. Motion picture
theaters and other
theaters within 200
feet of residential
zones
• • • • • • C C C C • • • • • • C • • • • •
101. Motor oil,
used—Collection
facility (subject to the
requirements of
chapter IX, article 9,
off-site hazardous
waste facilities)
• • • • • • P2 P2 P2 • P2 P2 • • • • P2 P2 P2 P2 • •
-34-
407
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
102. Motor vehicle,
boat, and motorcycle
retail sales, leasing,
rentals and service
with two or more
outdoor display
parking spaces
• • • • • • C C C C C C • • • • C C • • • •
103. Motor vehicle,
boat, and motorcycle
retail sales, leasing,
and rentals with one
or less outdoor
display parking space
and no service
(subject to verification
of parking availability)
• • • • • • P P P P P P • • • • P P • • • •
104. Motor vehicle
service stations
• • • • • • C C C • • • • • • • C • • • • •
105. Motor vehicle
service stations with
concurrent sale of
alcoholic beverages
(subject to
requirements of
chapter IX, article 3,
concurrent sale of
alcoholic beverages
and motor vehicle
fuel)
• • • • • • C2 C2 C2 • • • • • • • C2 • • • • •
106. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), not within
200 feet of residential
zone (subject to
subsection 13-54(b))
• • • • • • P P P • P P • • • • P P • • • •
107. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), within 200
feet of residential
• • • • • • C C C • C C • • • • C C • • • •
-35-
408
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
zone (subject to
subsection 13-54(b))
108. Nurseries (retail
with no bulk fertilizer)
• • • • • C C P P • C C • • • • • • • • • •
109. Offices: central
administrative
• • • • P P P P P P P P • • • • P P • • • •
110. Offices:
engineering;
architectural; and
surveying services;
management;
consulting and public
relations
• • • • P P P P P P P P • MC MC MC P P • • • •
111. Offices: general;
individual counseling
• • • • P P P P P P MC MC • MC MC MC P P • • • •
112. Reserved
113. Offices: medical
and dental
• • • • P P P P P P • • • MC MC MC P MC MC • • •
114. Offices: services
to businesses such
as bookkeeping and
data processing
• • • • P P P P P P P P • • • • P P • • • •
115. Off-street parking
lots and structures
including related
maintenance
buildings
• • • • C C C C C P C C • • • C C C C C • P
116. Off-street parking
lots and structures,
incidental uses within
• • • • MC MC MC MC MC MC MC MC • • • MC MC MC MC MC • MC 117. Oil fields; oil
wells (see chapter
XIV, oil drilling)
• • • • • • • • • • • • • • • • • • • • • •
118. Pawn shops • • • • • C C C C • • • • • • • • • • • • • 119. Photocopying;
blueprinting and
related services
• • • • • P P P P P P P • • • • P P • • • •
-36-
409
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
120. Photofinishing
laboratories
• • • • • • • • • • P P • • • • • P • • • •
121. Photofinishing
stores
• • • • • P P P P P • • • • • • P P • • • •
122. Personal Service
Photography:

Commercial
• • • • P P P P P P P
MC
P
MC
• P
•
P
•
P
•
P •
MC
• • • •
123. Personal Service
with Group
Instruction/Setting (see
Chapter IX Article 24
Group
Instruction/Setting
including Studio and
Fitness Uses)
Photography: portrait
studio
• • • • P2 P2 P2 P2 P2 P2 P2
•
P2
•
• P2
•
P2
•
P2
•
P2 •
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. Reserved
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
including Food
Halls—See
Establishments where
food or beverages are
served
-37-
410
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
130. Retail: general—
Excluding antique
malls, pawn shops,
supermarkets,
grocery stores,
convenience stores;
and liquor stores
listed separately
• • • • • P P P P P • • • P P P P P • • • •
131. Retail, incidental
sales to the main use
(subject to the
requirements of
section 13-54(a),
incidental retail
sales)
• • • • P P P P P P P2 P2 • P P P P P2 • • • •
132. Retail: nonstore • • • • P P P P P P P P • P P P P P • • • • 133. Rifle, pistol, and
firing ranges
• • • • • • • • • • C C • • • • • • C • • •
134. Sexually-
oriented businesses
(subject to the
requirements of title
9, chapter IV and title
13, chapter IX,
sexually-oriented
businesses)
• • • • • P2 P2 P2 P2 • • • • • • • P2 • • • • •
135. Reserved
Skating rinks
• • • • • • C C C C C C • • • C C C C C • •
135a. Smoking
lounge (subject to
chapter IX, article 19,
smoking and vaping
uses)
• • • • • • • • C2 • • P2 • • • • C2 • • • • •
135b. Smoking/
vaping retailer
(subject to chapter
IX, article 19,
smoking and vaping
uses)
• • • • • P2 P2 P2 P2 P2 • • • P2 P2 P2 P2 P2 • • • •
-38-
411
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
136. Storage of
chemicals and allied
products (except as
incidental use)
• • • • • • • • • • • • • • • • • • • • • •
137. Storage of
explosives
• • • • • • • • • • • • • • • • • • • • • •
138. Storage of
fertilizer
• • • • • • • • • • C C • • • • • • • • • •
139. Storage of motor
vehicles— Outdoor
(not including
impound yard)
• • • • • • C C C • MC MC • • • • C MC • • • •
139a. Storage of
motor vehicles—
Indoor only (not
including impound
yard)
• • • • • • P P P • P P • • • • P P • • • •
140. Storage of
petroleum and coal
products
• • • • • • • • • • • • • • • • • • • • • •
141. Storage of rock,
sand, crushed
aggregate and gravel
• • • • • • • • • • C C • • • • • • • • • •
142. Studios Fitness:
dance; martial arts;
music, Small and
Fitness Studios
etc.(See Chapter IX
Article 24, Group
Instruction/Setting
including Studio and
Fitness Uses)
• • • • •
P2
•
P2
P2 P2 P2 P2
MC
P2
MC
P2
MC
• P2
MC
P2
MC
P2
MC
P2 P2
MC
•
P2
• •
P2
•
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 • • • • • -39-
412
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
145. Tire sales and
installation not within
200 feet of residential
zone
• • • • • • P P P • P P • • • • P P • • • •
146. Tire sales and
installation within 200
feet of residential
zone
• • • • • • MC MC MC • MC MC • • • • MC MC • • • •
147. Tow companies
with or without
impound yard
• • • • • • C C C • MC MC • • • • • MC • • • •
148. Transfer station
for refuse, sewage
treatment
• • • • • • • • • • C C • • • • • C C • • •
149. Trucking: local
and long distance
• • • • • • • C • • P P • • • • • C • • • •
150. Warehouses,
mini (subject to the
requirements of
chapter IX, article 7,
mini- warehouses)
• • • • • • C2 C2 C2 • MC
2 MC
2 • • • • • MC
2 • • • •
151. Warehouses,
public
• • • • • • C C C • P P • • • • • P • • • •
152. Warehousing of
durable and
nondurable goods
except livestock and
poultry—See also
Storage
• • • • • • • • • • P P • • • • • P • • • •
153. Wholesale trade
of motor vehicles,
boats and
motorcycles with
outdoor storage of
vehicles
• • • • • • C C C C C C • • • • C C • • • •
154. Wholesale trade
of motor vehicles,
boats and
motorcycles without
• • • • • MC MC P P P P P • P P P P P • • • •
-40-
413
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
outdoor storage of
vehicles
155. Wholesale trade
of durable,
nondurable goods,
except livestock,
poultry and
perishable goods
• • • • • MC MC P P P P P • P P P P P • • • •
Notes:
1 Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. Residential uses shall not be permitted on any site or parcel of land on which residential uses are expressly prohibited by the general plan.
2 This use is subject to the requirements of the referenced Municipal Code article or section. 3 If residential uses exist, accessory uses shall be permitted. 4 For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning: C—Conditional Use Permit; MC—Minor Conditional Use Permit; P—Permitted; •— Prohibited; and S—Special Use Permit.
5 Six hundred fifty foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311(a)(10)(i). 6 Subject to the separation requirement set forth in sections 13-322(a)(3) and 13-323(b). 7 Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be located at least 1,000 feet away from any other boardinghouse. 8 Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone. 9 Prohibited at the SoCo property, 3303 through 3323 Hyland Ave. 10 Emergency shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a 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. (O
rd. 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. -41-
414
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; Ord. No. 26-03, 4-07-26; -42-
415

EXHIBIT C
Chapter V, Development Standards
Article 3, Commercial Districts
§ 13-4
4 Development Standards.

Table 13-44 identifies development standards for the various commercial zones. See also Article 9, General Site Improvement Standards of this chapter for additional requirements.

TABLE 13-44

COMMERCIAL PROPERTY DEVELOPMENT STANDARDS

DEVELOPMENT
STANDARDS P AP CL C1 C2 C1-S TC
Minimum Lot Area
for newly created
lots
6,000 square feet 12,000 square feet 5 acres See
Mast
er
Plan
Minimum Lot Width
for newly subdivided
lots
120 feet
Note: All newly subdivided
lots shall have frontage on a
dedicated street equal to, or
in excess of, the required
minimum lot width.
120 feet
Note: All newly subdivided
lots shall have frontage on a
dedicated street equal to, or
in excess of, the required
minimum lot width.

None
Minimum Lot Width Interior Lot: 50 feet Corner Lot:
60 feet
60 feet None
Maximum Floor Area
Ratio
Refer to
CHAPTER V, ARTICLE 8, FLOOR AREA RATIOS.

Maximum
Building/
Structure Height
2 stories/30 feet1,2
(except a 5% increase is allowed if necessary to screen existing roof- mounted equipment)
None

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum
distances given, unless otherwise noted. All setbacks from streets are measured from the ultimate property line shown on the master plan of highways.) Front 20 feet
Side (Interior) 15 feet on one side and 0 feet on the other side.

Exception: If the side property line is adjacent to a residential zone, all buildings shall maintain a side setback from the residential property line of 2 times the building height at all locations.

None
Rear (Interior) 0 feet
Exception: If the rear property line is adjacent to a residential zone, all buildings shall maintain a rear setback from the residential property line of 2 times the building height at all locations.

None
-43-
416
Side or Rear
abutting a public
street
20 feet for secondary, primary or major streets per the master plan of highways. 15 feet for all other streets.
20 feet—
see also
subsectio
ns 13-
45(f)
and (g).

PROJECTIONS (Maximum depth of projections given)
Roof or Eaves
overhang; Awning
2 feet 6 inches into required side setback. 5 feet into required front or rear setback.

None
Open,
unenclosed
Stairways.
2 feet 6 inches into required setback area. None
PARKING (See CHAPTER VI)
LANDSCAPING (See CHAPTER VII)

1. A 5% increase is allowed if necessary to screen existing roof- mounted equipment

2. A height deviation of up to 12 feet, or 40 percent of the maximum allowable height, whichever is less, may be approved through the minor conditional use permit process. In addition to the findings required by Sections 13-29(e) and 13-29(g)(2), the review authority shall find that the proposed height is (a) compatible with the existing and anticipated development in the vicinity; (b) enhances the architecture and design of the development; and (c) would not be materially detrimental to surrounding properties or uses and would not adversely affect the public health, safety, or welfare.

Add t
he following to Section 13-45 Additional property development standards for commercial districts.
(h) Noise Regulations. All operations shall conform to Chapter XIII Noise Control of this Title. The operator must limit noise generated from the use to the greatest extent feasible. Any noise complaints generated from this use must be addressed by the owner/operator.
-44-
417
EX

HIBIT D
Chapter V, Article 4
Establishments Where Food or Beverages are Served
§ 13-46
. Purpose.

The purpose of this article is to regulate and provide development standards for establishments where food or beverages are served. The proximity of residential uses to these types of establishments is a concern of this article. Where the distance criterion of 200 feet from residentially -zoned property is given in this article, it shall be measured from the property line of the site to the property line of the nearest residentially-zoned property. This article also establishes requirements for outdoor dining areas to support long-term economic viability of local establishments, promote vitality in the city's commercial areas, promote progress towards creating walkable communities by facilitating pedestrian- friendly and safe public spaces, and facilitate and incentivize enhanced city dining experiences.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 2024-01, 1/16/2024) § 13-47. Permitted and conditionally permitted uses.

Establishments where food or beverages are served are subject to the review and approval procedures shown in Table 13-47 (a) and (b). In instances where more than one review procedure is applicable to an establishment, the more stringent procedure shall apply.

TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL
CHARACTERISTICS C1-S C1 C2 CL TC PD MG MP
Establishments with 300
square feet or less of indoor
public area.3
P1,2 or
P
P P MC P1 or P P1 or P P P
Establishments with more
than 300 square feet of
indoor public area.3
P1 or P P P MC P1 or P P1 or P MC MC

EXCEPTIONS
Located within 200 feet of a
residential zone. (Subject to
the requirements of section
13-49, Development
Standards for section 13-49,
Development Standards for
Establishments Within 200
Feet of Residentially Zoned
Property)3
P1 or P P P MC P1 or P P1 or P P P
-45-
418
TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL
CHARACTERISTICS C1-S C1 C2 CL TC PD MG MP
Sale of alcoholic
beverages for on-site
consumption after
11:00
p.m. and/or provision of
live entertainment or
dancing located within
200 feet of a residential
zone.3
P1 or
C
C C C P1 or C P1 or C C C
Sale of alcoholic
beverages for on-site
consumption after
11:00
p.m. and/or provision of
live entertainment or
dancing located not
within 200 feet of a
residential zone.3
P1 or
MC
MC MC MC P1 or
MC
P1 or
MC
MC MC
Drive-through
operations. (Subject to
the requirements of
section 13-50,
Development Standards
for Drive-Through
Operations)3
P1 or
MC
MC MC MC P1 or
MC
P1 or
MC
MC MC
Establishments with
less than 300 square
feet of indoor public
area located in a multi-
tenant center where
30% or more of the
tenants are similar
businesses, i.e.,
establishments with
less than 300 square
feet of indoor public
area.3
P1 or
MC
MC MC MC P1 or
MC
P1 or
MC
MC MC
Establishments with a
micro brewery3 P1 or
C
C C C P1 or C P1 or C C C
Commercial Kitchens P P P
-46-
419
TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL
CHARACTERISTICS C1-S C1 C2 CL TC PD MG MP
Ghost Kitchen (Subject
to the requirements of
section 13-52,
Development Standards
for Ghost Kitchens)

MC P P P P
Notes:

Pursuant to an approved master plan which specifies these operational characteristics and/or location of the business.

For the purposes of this table, the symbols shall have the following meaning:

P=Permitted; MC=Minor Conditional Use Permit; C=Conditional Use Permit.

Outdoor dining and seating areas may be considered as part of a proposed land use if allowed in the zoning district, and pursuant to the provisions, regulations and standards of this Article.
1 2
3 -47-
420
TABLE 13-47 (b)
OUTDOOR DINING AREA PERMITTING PROCESS1

LOCATION OF OUTDOOR AREAS AND OPERATIONAL

CHARACTERISTICS
Approval
Process
Courtyard Area P2
Setback Area - Expansion of up to 50% of indoor public area outdoors.1 P2 Setback Area - Expansion of more than 50% of indoor public area outdoors.1 MC2
Parking Area - Expansion of up to 50% of indoor public area outdoors and does not remove more than five parking spaces or 25% of existing, required parking, whichever is less.1
P2
Parking Area - Expansion of more than 50% of indoor public area outdoors.1 MC2
Parking Area - removal of more than five parking spaces, or removal of more than 25% of existing, required parking, whichever is less.1 MC2 (Or
d. No. 97-11, § 2, 5-5-97; Ord. No. 2024-01, 1/16/2024) Add
the following new Section to Article 4, Establishments where Food or Beverages are Served:
§ 13-52. Operational standards for ghost kitchen operations.

Establishments with ghost kitchen operations shall comply with the following operational standards in addition to the development standards included in this Chapter, unless the standards are modified through the issuance of a minor conditional use permit.

Notes:

Temporary Use Permits for outdoor dining areas, including parklets within the public right- of-way, approved through Urgency Ordinance 2020- 15 may continue to operate with staff approval; however, shall comply with applicable Building and Fire Code requirements, may not interfere with minimum required site access or circulation, and shall comply with the aesthetic development standards outlined in section 13-48 within six months from the time of ordinance adoption, with an allowed six-month extension of time. Outdoor dining areas approved under a temporary use permit shall also be subject to applicable fees. Any modifications to these outdoor dining areas shall be approved pursuant to this article.

For the purposes of this table, the symbols shall have the following meaning: P=Permitted; MC=Minor Conditional Use Permit.
1 2
-48-
421
(a) The customer area shall be limited to pick -up lobby only, no dine- in seating is allowed.
(b) A
pplicant shall provide a delivery/couriers management plan and shall submit it to the Planning Department for review and approval by the Community Development Director or their designee. The Plan shall include but not be limited to:
(1) Q
ueuing. Queuing into drive aisles or public ROW is strictly prohibited.

Should queuing be an issue the applicant/operators shall develop a solution that elevates the issue and shall be reviewed and approved by the Community Development Director or their designee.
(2) Loa
ding Zone. Designated Pick-up/loading spaces shall be provided. (3) H
ours of operation.
(4) O
perators. The plan shall identify the total number of operators and/or businesses in the facility.
(c) S
hould parking issues arise the owner and/or operator shall work with the City to resolve the issues which may include but shall not be limited too runners to deliver meals to waiting drivers/customers, parking attendants, and valet services. (d) E
stablishments within 200 feet of residentially-zoned property shall also be subject to the development standards contained in section 13-49, Development standards for establishments within 200 feet of residentially-zoned property. (Or
d. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00; Ord. No. 2024-01, 1/16/ 2024)
-49-
422

EXHIBIT E
Chapter VI Off-Street Parking Standards, Article 2
Non-Residential Districts
§ 13-88. Purpose.

The purpose of this article is to establish parking requirements for all nonresidential zones, nonresidential components of the planned development residential zones and to mixed-use developments in all zones.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-89. Parking required.

The minimum amount of off -street parking as established in Table 13- 89 shall be provided at the time:
(a) Any building and/or structure is constructed;
(b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats;
(c) A specific use is proposed for a building site; or
(d) An existing use is changed to one which requires additional parking.

At all times, with the exception of the provisions of section 13-98, Declaration of land use restriction, parking shall be provided according to the requirements of Table 13-89.

TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS
USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Retail; offices; central administrative offices;
individual counseling; group counseling; artisan
studio and retail commercial; small fitness studios;
establishments where food or beverages are served
with a maximum of 300 square feet of public area1
4 spaces per 1,000 square feet with a minimum
of 6 spaces2
Office buildings exceeding 2 stories in height and
100,000 square feet in area
3 spaces per 1,000 square feet
Banks; savings and loans; credit unions 5 spaces per 1,000 square feet with a minimum of 6 spaces
Medical and dental offices; acupressure; massage;
personal services (non-group instruction/setting)
6 spaces per 1,000 square feet with a minimum
of 6 spaces
Furniture and appliance stores with floor area
greater than 5,000 square feet
2 spaces per 1,000 square feet with a minimum
of 20 spaces
Churches; theaters; mortuaries; auditoriums;
services and fraternal clubs and lodges;
amphitheaters event center, event venue, banquet
facilities, assembly halls, and E-Sports arena, and
other similar places of assembly
Within the main auditorium or assembly area: 1
space for each 3 fixed seats or 1 space for every
35 square feet of seating area if there are no
fixed seats. 18 lineal inches of bench shall be
considered equal to 1 fixed seat.

Racquetball and tennis facilities 3 spaces per court plus parking required for incidental uses such as restaurants which shall
be calculated as noted below
-50-
423
TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS
USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Establishments where food or beverages are
served with more than 300 square feet of
public area1,4
10 spaces per 1,000 square feet for the first 3,000
square feet;2
12 spaces per 1,000 square feet for each additional
1,000 square feet above the first 3,000 square feet.2
Health clubs; fitness studios and physical
fitness facilities; spas; figure salons; skating
rinks; game arcades active entertainment
Parking requirement is 10 spaces per 1,000 square feet
(unless otherwise listed in this table).

Ac
cessory food or beverage service parking requirements
shall be 4 spaces per 1,000 square feet :

To
tal parking requirement shall be the sum of all uses
combined, but the provisions of section 13-89.5 may be
applied.

Bowling alleys 3 spaces per lane plus parking required for incidental uses such as restaurants which shall be calculated as
noted under "Establishments where food or beverages
are served"
Trade schools; business colleges; dancing
and music academies
10 spaces per 1,000 square feet
Motels 1 space for each rentable unit without cooking
facilities. Each rentable unit with cooking facilities shall be governed by residential parking standards
Hotels 1 space for each 2 rentable units plus 10 spaces per 1,000 square feet for the first 3,000 square feet, and 20 spaces per 1,000 square feet for each additional 1,000
square feet above the first 3,000 square feet for
restaurant, banquet, meeting room and kitchen spaces
Establishments with live entertainment; i.e.,
go-go dancers, topless dancers, bikini
dancers
1 parking space for each person for the first 100
persons as authorized by capacity signs posted by the
fire department; 1 parking space for each 2 persons for every 101 to 300 persons as authorized by capacity
signs posted; 1 parking space for each 3 persons for
every 301 plus persons as authorized by capacity
signs posted by the fire department.

Personal Service Group Instruction/Setting;
Studios
Parking requirement is 4 spaces per 1,000 square feet
Commercial Kitchens 3 spaces per 1,000 square feet of gross leasable area Ghost Kitchens 6 spaces per 1,000 square feet of gross leasable area Shopping centers with a minimum of 600,000
square feet of contiguous gross leasable area:

Main structure or group of abutting structures
Retail 5 spaces per 1,000 square feet of gross leasable area Establishments where food or beverages or
are served occupying 5% or less of the total
contiguous gross leasable area
1 space per 1,000 square feet of gross leasable area
-51-
424
TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS
USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Establishments where food or beverages or
are served in excess of 5% of the total
contiguous gross leasable area
5 spaces per 1,000 square feet of gross leasable area
Office Space occupying 10% or less of the
total contiguous gross leasable area
None
Office Space in excess of 10% of the total
contiguous gross leasable area
4 spaces per 1,000 square feet of gross leasable area
with a minimum of 6 spaces
Theaters (cumulative)
750 seats and less 5 spaces per 1,000 square feet of gross leasable area More than 750 seats 5 spaces per 1,000 square feet of gross leasable area plus 3 spaces for each additional 100 seats
Uses within freestanding structures
Establishments where food or beverages are
served
10 spaces per 1,000 square feet of gross leasable area
-52-
425
TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS
USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
All others Pursuant to this table
Mixed use developments When there are mixed uses within a single development which share the same parking facilities, the total
requirement for parking should be determined as
outlined in "City of Costa Mesa Procedure for
Determining Shared Parking Requirements" which are
included herein by this reference and which may be
amended from time to time by resolution of the city
council. A greater reduction in parking than would be
allowed under this procedure may be approved by
minor conditional use permit where it can be
demonstrated that less parking is needed due to the
hours of operation or other unusual features of the
users involved.

For mixed-use developments located in the mixed-use
overlay zone, refer to the applicable urban plan for
parking rates.

Industrial 3 parking spaces shall be provided per 1,000 square feet of gross floor area for the first 25,000 square feet of building; 2 parking spaces shall be provided per
1,000 square feet of gross floor area between 25,000
and 50,000 square feet of building; and one and one-
half parking spaces shall be provided per 1,000 square
feet of gross floor area over 50,001 square feet of
building.

Garden centers; plant nurseries 4 spaces per 1,000 square feet of gross floor area; and 2 spaces per 1,000 square feet of outdoor display area.

Smoking lounges 17 spaces per 1,000 square feet
Notes:
1 Establishments limited to seating for 12 or fewer persons prior to June 4, 1997, shall remain at that seating limit unless additional parking is provided pursuant to this Zoning Code. 2 The outdoor patio seating area(s) shall not be included in the floor area calculations for purposes of determining the required parking.
3 The final review authority may apply a maximum credit of one parking space due to the provision of bicycle racks. This credit shall only apply to the overall parking supply and not to multiple uses.

When the ap proval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed 30 spaces per 1,000 square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses. 4 When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed 30 spaces per 1,000 square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses. -53-
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5 The square footage of electrical and mechanical equipment and the surrounding three feet for clearance shall be excluded from the calculation of gross floor area for the purpose of determining parking requirements.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 16, 3-2-98; Ord. No. 02-4, § 1j, 3- 18-02; Ord. No. 06-9, § 1g., 4-18-06; Ord. No. 12-4, § 1, 5-15-12; Ord. No. 15-10, § 2C, 9-15-15; Ord. No. 21-20, § 1, 12-7-21; Ord. No. 2024-01, 1/16/2024; Ord. 2025-07, 10/21/2025)
§ 13-89.5. Reduction in parking requirements.

Where it can be shown that the required parking for a nonresidential land use will substantially exceed the demand of the actual use, the zoning administrator may, by minor conditional use permit, allow a reduction in the amount of required parking. The zoning administrator may place the following conditions on the approval of the minor conditional use permit:
(a) Allow such excess parking to be provided as landscaping, plazas, courtyards, or
similar open space feature.
(b) Require recordation of a land use restriction that restricts the future use of the property to ensure adequate parking availability. (Ord. No. 99-15, § 2, 11-16-99)
§ 13-90. Parking for uses not specified.

The parking requirements for the uses not specified in Table 13- 89 shall be determined by the planning division. The determination shall be based upon the requirements for the most comparable use specified in this chapter or other appropriate sources including but not limited to a parking study. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-91. General development standards.

General development standards for parking areas applicable to the nonresidential zones are contained in Article 3, Development Standards, of this chapter.
(Ord. No. 97-11, § 2, 5-5-97)
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EXHIBIT F

CHAPTER VI, OFF-STREET PARKING STANDARDS
Article 3 Development Standards
Add t
he following Section to Article 3:
13-100.10 Electric Vehicle Charging Stations
(a) Purpose.

The purpose of this chapter is to comply with Government Code Section 65850.7 and to promote and encourage the use of electric charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
(b)Regulations.
(1) Accessory Use. An electric vehicle charging station (EVCS) for public or private use shall be permitted as an accessory use within any existing legal single- family or multiple -family residential garage or carport, or within any existing legal commercial parking space in a parking lot or in a parking garage, subject to the development standards listed in subsection (c) below.
(2) P
rimary Use. An electric vehicle charging station (EVCS) as a primary use shall be permitted in non-residential and mixed use zones, pursuant to the Mesa Land Use Matric Chapter IV, Table 13-30 and shall comply with all standards applicable to the underlying zone and the development standards listed in subsection (c) below. (b) D
evelopment Standards:

All EVCS shall:
(1) Be protected as necessary to prevent damage by automobiles; (2) B
e designed to minimize potential damage by vandalism and to be safe for use in inclement weather;
(3) I
nclude complete instructions and appropriate warnings concerning the use of the EVCS, which shall be posted on a sign in a prominent location on or near each station for use by the operator;
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(4) Be maintained in good working order. Damaged or broken EV chargers or related infrastructure shall be repaired within 48 hours;
(5) B
e located in a manner which will be easily seen by the public for informational and security purposes, when available for public use;
(6) B
e located so as not to obstruct required parking areas, drive aisles, pedestrian walkways, accessible paths of travel, emergency access, or required visibility areas; and
(7) Co
mply with all applicable building, electrical, fire, accessibility, parking, circulation, and zoning requirements.
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EXHIBIT G
Chapter IX Special Land Use Regulations
Th
e following new Articles are added to Chapter IX, Special land Use Regulations:

Ar
ticle 24 – Group Instruction/Setting including Studio and Fitness Uses. 13-200.210 Purpose: The purpose of Article is to establish operational and development standards for uses with group instruction, group setting for Studios and Fitness uses to ensure compatibility with surrounding commercial uses.
13-200.211 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.212 Operational and Development Standards.
(a) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non- Residential Parking Standards.
(b) Indoor Operations. All activities shall occur entirely within an enclosed building.

Outdoor activities shall require approval of a Minor Conditional Use Permit per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13- 44 of this title.
(c) Small Fitness Studios may be up to 5,000 square feet in gross floor area. (d) Fitness Studios shall be less than 15,000 square feet in gross floor area.

Facilities larger than 15,000 square feet of gross floor area are classified as Physical Fitness Facilities.
(e) Noise. Whenever amplified music, instruction, or sound is utilized, all exterior doors and windows shall remain closed.
(f) A minimum of 15 minutes shall be provided between each group instruction or class.

Article 25 – Event Centers.
13-200.215 Purpose and Intent. The purpose of this Article is to establish operational and development standards for Event Centers and similar assembly uses, including banquet facilities, assembly halls, conference facilities, and arenas, in order to ensure compatibility with surrounding uses.
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13-200.216 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.217 Operational and Development Standards.
(a) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non- Residential Parking Standards.
(b) Occupancy. Occupancy shall not exceed the maximum occupant load approved by the Building Official and Fire Authority, or any occupancy limitation imposed through a planning entitlement.
(c) Noise. Amplified music, outdoor speakers, and public address systems shall comply with the City's Noise Ordinance. Outdoor amplified sound shall cease by 11:00 p.m., unless otherwise authorized through a Conditional Use Permit. A Noise study may be required to evaluate impacts on adjacent properties. (d) Operation Plan. Operator shall provide a detailed Operations Plan as part of the application package which shall include, at a minimum, the following:

1. Description of Operations. A description of the proposed use, including the types of events to be conducted, maximum occupancy, seating capacity, frequency of events, and anticipated hours of operation.

2. Site Management. Identification of on- site management personnel responsible for facility operations during events, including contact information for an on-site manager or responsible party.

3. Parking and Circulation. A description of parking management practices, valet operations (if applicable), rideshare pick -up and drop- off locations, employee parking locations, loading and unloading activities, and measures to prevent vehicle congestion on adjacent streets.

4. Noise Management. Identification of any amplified sound, entertainment, public address systems, or outdoor activities and measures to ensure compliance with the City's Noise Ordinance.

5. Security and Crowd Management. Procedures for crowd control including procedures for event dismissal and dispersal of attendees, event monitoring, security staffing, and coordination with public safety agencies, as appropriate.

6. Alcohol Service. A description of alcohol management practices , type of Alcohol Beverage Control license, including proof of compliance with all applicable Alcoholic Beverage Control regulations.
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7. Loading and Deliveries. A description of delivery schedules, vendor access, equipment loading and unloading activities, and designated service areas.

8. Trash and Maintenance. Procedures for refuse collection, litter control, site maintenance, and post-event cleanup.

9. Modification of Operations. The Director may require modifications to an approved Operations Plan when necessary to address documented operational impacts, ensure compliance with conditions of approval, or maintain compatibility with surrounding properties.
(e) Excluded Uses. Event Centers do not include:

1. Restaurants, bars, or nightclubs where food and beverage service is the primary use, and
i. Private events do not occur regularly and are accessory and subordinate to th e permitted restaurants, bars, or nightclub use; and
ii. The tenant space does not have space dedicated for private events.

2. Indoor commercial fitness or sports training facilities;

3. Churches or other places of religious assembly regulated under Article

4.5 (Development Standards for Churches and Other Places of Religious Assembly);

4. Civic and Community clubs or other private social clubs regulated elsewhere in this Title;

5. E-sports gaming lounges and participant -oriented electronic gaming facilities regulated as Active Entertainment uses; or

6. Schools or educational institutions.

Ar
ticle 26 – Active Entertainment and Amusement Center

13.200.220 Purpose and Intent. The purpose of the Article is to establish operational and development standards for Active Entertainment and Amusement Center uses and to ensure compatibility with surrounding properties. 13-200.221 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.222 Operational and Development Standards.
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(a) Indoor Operations. Active Entertainment and Amusement Center uses shall be conducted entirely within an enclosed building. Active Entertainment shall be limited to a maximum gross square footage of 15,000 sf. Uses larger than 15,000 gross square feet are classified as Amusement Centers. For uses that propose outdoor uses (uses not underroof) a Minor Conditional Use Permit is required per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13-44 of this title.
(b) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off - Street Parking Standards, Article 2, Non- Residential Districts, Table 13 -89, Non-Residential Parking Standards.
(c) Noise. All activities, including amplified sound, public address systems, gaming equipment, and entertainment devices, shall comply with the City's Noise Ordinance. Sound generated by the use shall not create a nuisance on adjacent properties. Should an issue arise from noise the operator shall work with the City and implement best practice to eliminate the issue. (d) Occupancy. The use shall not exceed the maximum occupant load established by the Building Official and Fire Authority.
(e) Food and Beverage. Accessory food and beverage service may be permitted, subject to Chapter V, Article 4 (Establishments Where Food or Beverages Are Served).
(f) Queuing and Circulation. The use shall be designed and operated so that customer queues, waiting areas, and patron gatherings do not obstruct pedestrian walkways, building entrances, drive aisles, parking spaces, or required accessible routes.
(g) Excluded Uses. Active Entertainment and Amusement Center uses shall not include spectator-oriented assembly uses, event centers, concert venues, e- sports arenas, or other assembly uses where viewing or attendance is the primary activity. Such uses shall be regulated as Event Centers and Assembly Uses.

Ar
ticle 27 – Artisan Studio

13.200.225 Purpose and Intent. The purpose of this Article is to establish development and operational standards for Artisan Studio retail uses that also support onsite opportunities for small -scale creative production, fabrication, repair, while ensuring compatibility with surrounding commercial uses and distinguishing Artisan Studio uses from manufacturing and industrial operations.
13-200.226 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.227 Operational and Development Standards.
(a) Indoor Operations. All production, fabrication, assembly, repair, and retail -60-
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activities shall occur entirely within an enclosed building. For studios that propose outdoor uses (uses not underroof) a Minor Conditional Use Permit is required per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13-44 of this title.
(b) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off - Street Parking Standards, Article 2, Non- Residential Districts, Table 13 -89, Non-Residential Parking Standards
(c) Customer-Oriented Component. The use shall maintain a customer -facing component, which may include retail sales, display areas, demonstrations, workshops, classes, or other public interaction associated with the artisan production activities.
(d) Classes, Workshops, or Group Instruction. For uses that propose classes, workshops, or group instruction the following shall apply:

1. Parking requirements shall be provided per Table 13-89, Non-Residential Parking Standards.

2. Whenever amplified music or sound is played, all exterior doors and windows shall remain closed.

3. A minimum of 15 minutes shall be provided between each class, workshop or group instruction.
(e) Production Scale. The use shall be limited to small -scale production activities involving handcrafted, custom, artistic, specialty, or limited- production goods that are sold onsite. Uses involving assembly -line production, mass manufacturing, bulk processing, or large- scale industrial operations are prohibited.
(f) Permitted Equipment. Equipment and machinery customarily associated with artisan production, fabrication, repair, design, and creative activities may be utilized provided such equipment complies with all applicable building, fire, and noise regulations.
(g) Compatibility with Commercial Areas. Operations shall not create noise, vibration, dust, smoke, glare, fumes, odors, electrical interference, hazardous conditions, or other impacts beyond the property boundaries. (h) Screening. All exterior mechanical equipment, and/or roof mounted equipment, shall be screened from view from public right-of-way and adjacent properties. (i) Materials and Storage. All materials, supplies, products, and equipment shall be stored within an enclosed building. Outdoor storage of raw materials, products, equipment, or waste materials is prohibited. The use shall not involve the storage or use of hazardous materials in quantities exceeding those -61-
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permitted by the California Fire Code or other applicable regulations. (j) Food Production. Food preparation, food manufacturing, ghost kitchens, commercial kitchens, catering kitchens, or other food- related production uses shall not be considered Artisan Studio and shall be regulated separately. -62-
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EXHIBIT A
Chapter I, 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 XII, Special Fee Assessments.
(Or
d. 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).

Active Entertainment. A commercial use that provides interactive, participant-based amusement, recreation, or game- oriented activities for individual or group participation and is limited to a maximum of 15,000 square feet . Active Entertainment does not include spectator-oriented uses, live performance theaters, adult entertainment businesses, physical fitness facilities, or event centers.

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. -1-
ATTACHMENT 3
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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.

Amusement Center. A commercial use that provides interactive, participant -based amusement, recreation, or game- oriented activities for individual or group participation and is larger than 15,000 gross square feet. Amusement Center does not include spectator-oriented uses, live performance theaters, adult entertainment businesses, physical fitness facilities, or event centers.

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

Artisan Studio. A workspace for the creation, display, and retail sale of artwork and hand crafted goods, including custom woodworking and furniture making, where products are primarily created by the artist or artisan on-site; excluding automotive repair and food related production. Examples include, but are not limited to, artist studios and workshops, photography studios and commercial photography, recording studios, music studios, galleries, and showrooms.

Assembly use. A use conducted in a structure or outdoor venue for the purpose of gathering of persons for a civic, education, political, religious, or social function , or -2-
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for the consumption or receipt of food and/or beverages. 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 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 -3-
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primary function of churches and other places of religious assembly.

Cigar bar. See Smoking lounge.

City. City of Costa Mesa.

Commercial Kitchen. A food preparation facility used by one or more food operators for the preparation, cooking, processing, packaging, and storage of food or beverages for off -site consumption, distribution, catering, wholesale, or other commercial purposes, with no on- site dining, retail sales, customer pick -up, or delivery service to the general public. A commercial kitchen may include catering kitchens, commissary kitchens, shared-use kitchens, and food production facilities, but does not include a restaurant, ghost kitchen, food hall, or other food service establishment where food orders are accepted from customers and fulfilled directly from the premises.

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.

Community Development Department. Refers to the Community Development Department of the City of Costa Mesa on or after July 1, 2026, and the Economic and Development Services Department and/or Development Services Department of the City of Costa Mesa prior to July 1, 2026.

Community Development Director. The director of the Community Development Department of the City of Costa Mesa, or his or her designee.

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

Development services department. See Community Development Department.

Development services director. See Community Development Director.

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 si ngle-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 u nit. 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.

Electric vehicle charging station. As defined by Government Code Section 65850.7.

Electric vehicle supply equipment . The hardware, including connectors, fixtures, devices, and other components required to charge an electric vehicle. -5-
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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.

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.

E-Sports or Electronic Sports . Means a participant-based organized competitive playing of video games using digital gaming platforms.

E-Sports Arena. A facility designed and operated primarily for organized E- Sports competitions, tournaments, exhibitions, broadcasts, live- streaming events, or similar events where spectator viewing and attendance are the principal activities.

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 Event Center. A facility designed for assembly use and to accommodate organized events, competitions, ceremonies, meetings, entertainment, spectator viewing, or similar group activities. Event Centers are also referred to as Banquet Facilities, Assembly Halls, and Arenas.

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.

Fitness studios. Means an indoor commercial use of more than 5, 000 square feet but less than 15,000 square feet that provides instructor-led instruction, training, or structured physical activity, either in a group setting or one- on-one, including, but not limited to: dance, martial arts, yoga, Pilates, high- intensity interval training (HIIT), circuit training, and similar small- group fitness activities. These uses are characterized by scheduled classes or training sessions and are limited in scale and intensity. This use does not include large health clubs, commercial gy ms, indoor sports training facilities, or uses greater than 15,000 square feet of gross floor area.
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Floor area ratio. The gross floor area of a building or project divided by the project lot area upon which it is located.

Food Hall . A single, integrated food and beverage establishment, or restaurant, containing three or more independently operated food or beverage vendors or counters within a shared building or tenant space, with common customer seating, shared circulation, and shared amenities. A food hall may include accessory alcohol service, entertainment, retail, or event programming when allowed by applicable permits, but does not include ghost kitchen or commercial kitchen.

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.

Ghost Kitchen. A food preparation facility used by one or more food operators for the preparation of meals or beverages for off -site consumption through delivery, mobile ordering, or customer pick -up, with no dine -in restaurant service. A ghost kitchen may include multipl e virtual restaurant brands, shared order fulfillment areas, delivery driver staging, and limited pick-up lobby areas, but does not include a catering kitchen, commercial kitchen, or food hall.

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 total horizontal area of all floors within the exterior walls of a structure. The following areas do not contribute to the building’s occupancy or intensity of use and shall be excluded from the gross floor area calculation: garages or carports used for parking, elevator and stair shafts, mechanical shafts, pipe chases, equipment and mechanical rooms, electrical rooms, and other accessory storage, utility or service spaces, that are devoted exclusively to development operations and maintenance.

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. -7-
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Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single 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.

Health club. See Physical Fitness Facility.

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 -8-
443
applying federal, state and local laws to its operation.

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

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

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

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

Lot.
(a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the Subdivision Map Act and 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 -9-
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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.

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 -10-
445
are rented or leased, held out for lease or rent, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes. A mobile home park also means a mobile home development constructed according to the requirements of Part 2.1 (commencing with section 18200) of Division 13 of the State Health and Safety Code, and intended for use and sale as a mobile home condominium or cooperative park, or as a mobile home planned unit development.

Motel. Any building or combination of buildings of one to three stories in height having six or more guest rooms with parking located convenient to the guest rooms and providing temporary lodging for automobile tourists and transient visitors.

Typically, guest rooms have direct access to available parking without passing through a common lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels.

Municipal Code. City of Costa Mesa Municipal Code.

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

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

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

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.
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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.

Personal Services . A commercial use that provides personal care, grooming, wellness, aesthetic, or convenience services directly to individuals. This category does not include group fitness uses, medical offices, or other uses involving medical diagnosis or clinical treatment.

Personal Services, Group. A commercial use that provides personal care, grooming, wellness, aesthetic, or convenience services directly to individuals that include group instruction or group setting. This category does not include group fitness uses, medical offices, or other uses involving medical diagnosis or clinical treatment.

Physical Fitness Facility means a facility, building, or portion thereof designed and operated for physical fitness, athletic training, sports instruction, exercise, recreation, or wellness activities conducted individually or in groups, with a gross floor area of 15,000 square feet or greater. Such facilities may include exercise equipment, fitness classes, courts, fields, training areas, locker rooms, spectator seating accessory to the primary use, and related support amenities. Also see Health Club.

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 Community Development 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 -12-
447
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.

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

Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line.

Irregularly shaped lots may also have more than one rear property line.

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

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

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

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

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

Recyclable materials. Reusable materials, including, but not limited to, metals, glass, 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 & -13-
448
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).

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

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

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

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

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

Setback. The required distance that a building, structure, parking or other designated 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 interact ion 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.
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Slope. The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees.

Small Fitness Studio. An indoor commercial use of up to 5,000 square feet that provides instructor-led instruction, training, or structured physical activity, either in a group setting or one- on-one, including, but not limited to: dance, martial arts, yoga, Pilates, high- intensity interval training (HIIT), circuit training, and similar small-group fitness activities. These uses are characterized by scheduled classes or training sessions and are limited in scale and intensity.

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

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

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

Sober living home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit; (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 above it shall constitute a story. An attic shall not be considered a story. A basement or cellar shall not be considered a story, if the finished floor level directly -15-
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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.

Studio Fitness. See Small Fitness Studio.

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 vehicle trips for a given unit of development intensity (i.e., trip per unit, trip per 1,000 square feet, etc.).

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

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

Unit. A particular building or structure, or portion thereof, that is designed, intended or used for exclusive occupancy, possession or control of individual owners or -16-
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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, 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; Ord. No. 26-03 § 04-07-26)
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EXHIBIT B

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

Residential zones: R1, R2-MD, R2-HD, and R3
Commercial zones: AP, CL, C1, C2, C1-S, and TC
Industrial zones: MG and MP
Planned Development Residential zones: PDR-LD, PDR-MD, PDR- HD, and PDR-NCM
Planned Development Commercial zone: PDC Planned Development Industrial zone: PDI
The Parking zone: P
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Institutional and Recreational zones: I & R, I & R-S, and I & R-MLT (f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable.
(g) For the mixed-use overlay district located in an urban plan area, please refer to the appropriate urban plan text for additional regulations related to development standards and allowable land uses as applicable. -19-
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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
f
acility, six or fewer
persons (State
licensed)
P P P P • • • • • • • • P P P P P P P • P •

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

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

8. Residential care
f
acility, seven or more
• C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •

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

9.1 Sober living
homes, seven or
more
• C6 C6 C6 • • • • • • • • • C6 C6 C6 C6 C6 P • • •
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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 C2 C2 • • • C2 • • • • • C2 C2 • • • • • • •

11. Single room
occupancy residential
hotel (subject to City
Council Policy 500-5)
• • • • • • C2 C2 • • • • • • • • • • • • • •
Employee housing, six
or fewer
P P P P • • • • • • • • P P P P P P • • P •
Supportive housing P12 P11, 12
P11, 12
P11, 12
• • • • • P11, 12 • • P11, 12
P11, 12
P11, 12
P11, 12
P11, 12
P11, 12
• • P11, 12
•
Transitional housing P12
P12 P12 P12 • • • • • P12 • • P12 P12 P12 P12 P12 P12 • • P12 • Low barrier navigation
center
• • • • • • • • • P13 • • • • • • P13 P13 • • P13 •

ACCESSORY USES

12. Electric Vehicle
Charging Station,
Accessory Use
(subject to the
requirements of
Chapter IV, 13-30)
P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

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

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

15. Reserved

16. Day care facilities
(15 children or more)
(see also Nursery
C C C C C C C C C C C C C C C C C C C P P •
-21-
456
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
schools)

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

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

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

20. Reserved

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

22. Home occupations
that gener ate traffic
and do not involve
more than 1
c
ustomer/ 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 MC2,3 MC2,3 MC2,3 • MC2,3 •

22.1 Non-residential
accessory uses in a
residential
development not
otherwise specified in
this table
• • • • • • • • • • • • • • • • • • • • • •
-22-
457
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

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

22. Home occupations
that gener ate traffic
and do not involve
more than 1
c
ustomer/ 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 MC2,3 MC2,3 MC2,3 • MC2,3 •

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

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

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

22.4 Temporary real
estate and
construction offices
(subject to the
requirements of ch. IX,
art. 10, temporary
trailers)
P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 -23-
458
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

INSTITUTIONAL AND RECREATIONAL USES

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

24. Churches and
ot
her places of
religious assembly
(Subject to the
requirements of article

4.5, dev elopment
standards for churches
and other places of
religious assembly)
C2 C2 C2 C2 C2 C2 P2 P2 C2 C2 P2 P2 C2 C2 C2 C2 C2 C2 P2 C2 C2 •

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

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

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

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

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

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

31. Libraries, privately-
operated
C C C C • • C C C C C C C C C C C C P C • •
31a. Marijuana and/or
medical marijuana
cultivation
• • • • • • • • • • • • • • • • • • • • • •
31b. Cannabis and/or
marijuana distributer
• • • • • • • • • • • C9 • • • • • C9 • • •
31c. Cannabis and/or
marijuana
manufacturer or
• • • • • • • • • • • C9 • • • • • C9 • • •
-24-
459
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
processor
31d. Cannabis and/or
marijuana retail sales
storefront
• • • • • C9 C9 C9 C9 C9 • • • • • • • • • • •
31e. Cannabis and/or
marijuana retail sales
nonstorefront
(deliveries)
• • • • • C9 C9 C9 C9 C9 • C9 • • • • • C9 • • • •
31f. Cannabis and/or
marijuana research
and development
and/or testing
laboratories
• • • • • • • • • • • C9 • • • • • C9 • • •

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

33. Nursery
schools—S ee 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 • • •
-25-
460
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

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

SPECIAL SEASONAL EVENTS

40. Reserved

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

COMMERCIAL AND

INDUSTRIAL USES

42. Acupressure;
massage (subject to
the requirements of
title 9, chapter ii,
article 22, Massage
establishments and
practitioners)
• • • • P2 P2 P2 P2 P2 P2 • • • • • • P2 • • • • •
42a. Active
Entertainment (subject
to the requirements of
chapter IX, article 5,
electronic game
machines and Article
26, Active
Entertainment)
• • • • P P P P P P MC MC • P P P P P • • • •

43. Adult businesses
(See Sexually-oriented

businesses)

44. Aggregate batch
plants; Rock or asphalt
crushing; Sand
• • • • • • • • • • • • • • • • • • • • • •
-26-
461
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
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, and Article
26,
Active
Entertainment/Amuse
ment Center)
• • • • • • C2 C2 C2 C2 • • • C2 C2 C2 C2 • • • • •

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

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

49. Artisan Studio • • • • P P P P P P P P • • • P P P • • • •

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

51. Automobile (See
Motor vehicle)

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

53. Bars; nightclubs
(See Establishments
where food or
beverages are
served)
-27-
462
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

54.Reserved

55. Billiards parlors • • • • • • MC MC MC MC MC MC • MC MC MC MC MC • • • •

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

57. Bowling centers • • • • • • MC MC MC MC • • • • • MC MC • • • • •

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

59. Reserved

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

61. Business
services—See Offices

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

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

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

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

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

67. Commercial art;
Graphic design
• • • • P P P P P P P P • • • • P P • • • •
-28-
463
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

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

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

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

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

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

73. Electronic game
machines (four or
more), incidental to the

primary use, (subject
to the requirements of
chapter IX, article 5,
electronic game
machines)— Excluding
amusement centers
listed separately
• • • • • 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. Event Center
(subject to the
• • • • • • C C C C C C • • • C C C • • • •
-29-
464
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
requirements of
chapter IX, article 25,
Event Center)

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

79. Electric Vehicle
Charging Station,
Primary Use (subject
to the requirements of
Chapter IV, 13-30)
• • • • P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P2

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

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

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

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

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

85. Reserved •

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
• • • • • •
C2 C2 C2 C2 • • • • • • C2 • • • • •
-30-
465
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
requirements of
chapter IX, article 16,
liquor stores,
convenience stores,
and mini- markets)

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

90. Manufacturing:

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

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

92. Manufacturing of
stone, clay, glass and
concrete products
EXCEPT the
following which are
prohibited:
• Manufacture of
flat glass
• Manufacture of
cement and
structural clay
products
• Manufacture of
concrete, gypsum
and plaster
products
• Manufacture of
• • • • • • • • • • P2
P2
• • • • • P2
• • • •
-31-
466
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
abrasive and
asbestos products
• Manufacture of
nonclay refractories
and crucibles
• Processing and
preparation of clay,
ceramic and
refractory minerals

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

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

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

96. Metal fabrication,
welding, foundry, die
casting (subject to
subsection 13-54(a),
performance
• • • • • • • • • • P2 P2 • • • • • • • • • •
-32-
467
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
standards)

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

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

99. Motion picture
theaters and other
theaters not within
200
feet of residential
zones
• • • • • • P P P P • • • • • • P • • • • •
100. Motion picture
theaters and other
theaters within 200
feet of residential
zones
• • • • • • C C C C • • • • • • C • • • • •
101. Motor oil,
used—Collection
facility (subject to the
requirements of
chapter IX, article 9,
off-site hazardous
waste facilities)
• • • • • • P2 P2 P2 • P2 P2 • • • • P2 P2 P2 P2 • •
102. Motor vehicle,
boat, and motorcycle
retail sales, leasing,
rentals and service
with two or mor
e
out
door display
parking spaces
• • • • • • C C C C C C • • • • C C • • • •
103. Motor vehicle,
boat, and motorcycle
retail sales, leasing,
and rentals with one
or
less outdoor
display parking space
and no service
(subject to verification
• • • • • • P P P P P P • • • • P P • • • •
-33-
468
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
of parking availability)
104. Motor vehicle
service stations
• • • • • • C C C • • • • • • • C • • • • •
105. Motor vehicle
service stations with
concurrent sale of
alcoholic beverages
(subject to
requirements of
c
hapter IX, article 3,
concurrent sale of
alcoholic beverages
and motor vehicle
fuel)
• • • • • • C2 C2 C2 • • • • • • • C2 • • • • •
106. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), not within
200 feet of residential
zone (subject to
subsection 13-54(b))
• • • • • • P P P • P P • • • • P P • • • •
107. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), within 200
feet of residential
zone (subject t
o
subsection 13-54(b))
• • • • • • C C C • C C • • • • C C • • • •
108. Nurseries (retail
with no bulk fertilizer)
• • • • • C C P P • C C • • • • • • • • • •
109. Offices: central
administrative
• • • • P P P P P P P P • • • • P P • • • •
110. Offices:
engineering;
architectural; and
surveying services;
management;
consulting and public
• • • • P P P P P P P P • MC MC MC P P • • • •
-34-
469
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
relations
111. Offices: general;
individual counseling
• • • • P P P P P P MC MC • MC MC MC P P • • • •
112. Reserved
113. Offices: medical
and dental
• • • • P P P P P P • • • MC MC MC P MC MC • • •
114. Offices: services
to businesses such
as bookkeeping and
data processing
• • • • P P P P P P P P • • • • P P • • • •
115. Off-street parking
lots and structures
including related
maintenance
buildings
• • • • C C C C C P C C • • • C C C C C • P
116. Off-street parking
lots and structures,
incidental uses within
• • • • MC MC MC MC MC MC MC MC • • • MC MC MC MC MC • MC 117. Oil fields; oil
wells (see chapter
XIV, oil drilling)
• • • • • • • • • • • • • • • • • • • • • •
118. Pawn shops • • • • • C C C C • • • • • • • • • • • • • 119. Photocopying;
blueprinting and
related services
• • • • • P P P P P P P • • • • P P • • • •
120. Photofinishing
laboratories
• • • • • • • • • • P P • • • • • P • • • •
121. Photofinishing
stores
• • • • • P P P P P • • • • • • P P • • • •
122. Personal Service • • • • P P P P P P P P • P P P P • • • • • 123. Personal Service
with Group
Instruction/Setting (see
Chapter IX Article 24
• • • • P2 P2 P2 P2 P2 P2 P2 P2 • P2 P2 P2 P2 • •
• • •
-35-
470
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
Group
Instruction/Setting
including Studio and
Fitness Uses)
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. Reserved
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
including Food
H
alls—See
Establishments where
food or beverages are
served
130. Retail: general—
Excluding antique
malls, pawn shops,
supermarkets,
grocery stores,
convenience stores;
and liquor stores
listed separately
• • • • • P P P P P • • • P P P P P • • • •
131. Retail, incidental
sales to the main use
(subject to the
requirements of
section 13-54(a),
incidental retail
sales)
• • • • P P P P P P P2 P2 • P P P P P2 • • • •
-36-
471
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
132. Retail: nonstore • • • • P P P P P P P P • P P P P P • • • • 133. Rifle, pistol, and
firing ranges
• • • • • • • • • • C C • • • • • • C • • •
134. Sexually-
oriented businesses
(subject to the
requirements of title
9, chapter IV and title
13, chapter IX,
sexually-oriented
businesses)
• • • • • P2 P2 P2 P2 • • • • • • • P2 • • • • •
135. Reserved
135a. Smoking
lounge (subject to
chapter IX, article 19,
smoking and vaping
uses)
• • • • • • • • C2 • • P2 • • • • C2 • • • • •
135b. Smoking/
vaping retailer
(subject to chapter
IX, article 19,
smoking and vaping
uses)
• • • • • P2 P2 P2 P2 P2 • • • P2 P2 P2 P2 P2 • • • •
136. Storage of
chemicals and allied
products (except as
incidental use)
• • • • • • • • • • • • • • • • • • • • • •
137. Storage of
explosives
• • • • • • • • • • • • • • • • • • • • • •
138. Storage of
fertilizer
• • • • • • • • • • C C • • • • • • • • • •
139. Storage of motor
vehicles— Outdoor
(not including
impound yard)
• • • • • • C C C • MC MC • • • • C MC • • • •
139a. Storage of
motor vehicles—
Indoor only (not
• • • • • • P P P • P P • • • • P P • • • •
-37-
472
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
including impound
yard)
140. Storage of
petroleum and coal
products
• • • • • • • • • • • • • • • • • • • • • •
141. Storage of rock,
sand, crushed
aggregate and gravel
• • • • • • • • • • C C • • • • • • • • • •
142. Studio Fitness;
Small and Fitness
Studios etc.(See
C
hapter IX Article 24,
Group
I
nstruction/Setting
including Studio and
Fitness Uses)
• • • • P2 P2 P2 P2 P2 P2 P2 P2 • P2 P2 P2 P2 P2 P2 • P2 • 143. Supermarkets—
See also Grocery
stores
• • • • • • P P P P • • • MC MC MC MC • • • • •
143a. Specialty stores • • • • • • P P P P • • • • MC MC MC • • • • • 144. Tattoo parlors • • • • • • C C C • • • • • • • C • • • • • 145. Tire sales and
installation not within
200 feet of residential
zone
• • • • • • P P P • P P • • • • P P • • • •
146. Tire sales and
installation within 200
feet of residential
zone
• • • • • • MC MC MC • MC MC • • • • MC MC • • • •
147. Tow companies
with or without
impound yard
• • • • • • C C C • MC MC • • • • • MC • • • •
148. Transfer station
for refuse, sewage
treatment
• • • • • • • • • • C C • • • • • C C • • •
149. Trucking: local
and long distance
• • • • • • • C • • P P • • • • • C • • • •
-38-
473
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
150. Warehouses,
mini (subject to the
requirements of
chapter IX, article 7,
mini- warehouses)
• • • • • • C2 C2 C2 • MC
2 MC
2 • • • • • MC
2 • • • •
151. Warehouses,
public
• • • • • • C C C • P P • • • • • P • • • •
152. Warehousing of
durable and
nondurable goods
except livestock and
poul
try—See also
Storage
• • • • • • • • • • P P • • • • • P • • • •
153. Wholesale trade
of motor vehicles,
boats and
m
otorcycles with
outdoor storage of
vehicles
• • • • • • C C C C C C • • • • C C • • • •
154. Wholesale trade
of motor vehicles,
boats and
motorcycles without
outdoor storage of
vehicles
• • • • • MC MC P P P P P • P P P P P • • • •
155. Wholesale trade
of durable,
nondurable goods,
except livestock,
poultry and
perishable goods
• • • • • MC MC P P P P P • P P P P P • • • •
Notes:
1 Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. Residential uses shall not be permitted on any site or parcel of land on which residential uses are expressly prohibited by the general plan.
2 This use is subject to the requirements of the referenced Municipal Code article or section. -39-
474
3 If residential uses exist, accessory uses shall be permitted. 4 For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning: C—Conditional Use Permit; MC—Minor Conditional Use Permit; P—Permitted; •— Prohibited; and S—Special Use Permit.
5 Six hundred fifty foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311(a)(10)(i). 6 Subject to the separation requirement set forth in sections 13-322(a)(3) and 13-323(b). 7 Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be located at least 1,000 feet away from any other boardinghouse. 8 Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone. 9 Prohibited at the SoCo property, 3303 through 3323 Hyland Ave. 10 Emergency shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a 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; Ord. No 26-03, 4-7-26; -40-
475

EXHIBIT C
Chapter V, Development Standards
Article 3, Commercial Districts

§ 13-44 Development Standards.

Table 13-44 identifies development standards for the various commercial zones. See also Article 9, General Site Improvement Standards of this chapter for additional requirements.

TABLE 13-44

COMMERCIAL PROPERTY DEVELOPMENT STANDARDS

DEVELOPMENT

STANDARDS

P

AP

CL

C1

C2

C1-S

TC
Minimum Lot Area
for newly created
lots
6,000 square feet 12,000 square feet 5 acres See
Mast
er
Plan
Minimum Lot Width
for newly subdivided
lots
120 feet
Note: All newly subdivided
lots shall have frontage on a
dedicated street equal to, or
in excess of, the required
minimum lot width.
120 feet
Note: All newly subdivided
lots shall have frontage on a
dedicated street equal to, or
in excess of, the required
minimum lot width.

None
Minimum Lot Width Interior Lot: 50 feet Corner Lot:
60 feet
60 feet None
Maximum Floor Area
Ratio
Refer to
CHAPTER V, ARTICLE 8, FLOOR AREA RATIOS.

Maximum
Building/
Structure Height
2 stories/30 feet1,2

None

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum
distances given, unless otherwise noted. All setbacks from streets are measured from the ultimate property line shown on the master plan of highways.) Front 20 feet
Side (Interior) 15 feet on one side and 0 feet on the other side.

Exception: If the side property line is adjacent to a residential zone, all buildings shall maintain a side setback from the residential property line of 2 times the building height at all locations.

None
Rear (Interior) 0 feet
Exception: If the rear property line is adjacent to a residential zone, all buildings shall maintain a rear setback from the residential property line of 2 times the building height at all locations.

None
-41-
476
Side or Rear
abutting a public
street
20 feet for secondary, primary or major streets per the master plan of highways. 15 feet for all other streets.
20 feet—
see also
subsectio
ns 13-
45(f)
and (g).

PROJECTIONS (Maximum depth of projections given)
Roof or Eaves
overhang; Awning
2 feet 6 inches into required side setback. 5 feet into required front or rear setback.

None
Open,
unenclosed
Stairways.
2 feet 6 inches into required setback area. None
PARKING (See CHAPTER VI)
LANDSCAPING (See CHAPTER VII)

1. A 5% increase is allowed if necessary to screen existing roof- mounted equipment

2. A height deviation of up to 12 feet, or 40 percent of the maximum allowable height, whichever is less, may be approved through the minor conditional use permit process. In addition to the findings required by Sections 13-29(e) and 13-29(g)(2), the review authority shall find that the proposed height is (a) compatible with the existing and anticipated development in the vicinity; (b) enhances the architecture and design of the development; and (c) would not be materially detrimental to surrounding properties or uses and would not adversely affect the public health, safety, or welfare.

Add the following to Section 13-45 Additional property development standards for commercial districts.
(h) Noise Regulations. All operations shall conform to Chapter XIII Noise Control of this Title. The operator must limit noise generated from the use to the greatest extent feasible. Any noise complaints generated from this use must be addressed by the owner/operator.

-42- 477

EXHIBIT D
Chapter V, Article 4
Establishments Where Food or Beverages are Served

§ 13-46. Purpose.

The purpose of this article is to regulate and provide development standards for establishments where food or beverages are served. The proximity of residential uses to these types of establishments is a concern of this article. Where the distance criterion of 200 feet from residentially -zoned property is given in this article, it shall be measured from the property line of the site to the property line of the nearest residentially-zoned property. This article also establishes requirements for outdoor dining areas to support long-term economic viability of local establishments, promote vitality in the city's commercial areas, promote progress towards creating walkable communities by facilitating pedestrian- friendly and safe public spaces, and facilitate and incentivize enhanced city dining experiences.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 2024-01, 1/16/2024) § 13-47. Permitted and conditionally permitted uses.

Establishments where food or beverages are served are subject to the review and approval procedures shown in Table 13-47 (a) and (b). In instances where more than one review procedure is applicable to an establishment, the more stringent procedure shall apply.

TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL

CHARACTERISTICS

C1-S

C1

C2

CL

TC

PD

MG

MP
Establishments with 300
square feet or less of indoor
public area.3
P1,2 or
P
P P MC P1 or P P1 or P P P
Establishments with more
than 300 square feet of
indoor public area.3
P1 or P P P MC P1 or P P1 or P MC MC

EXCEPTIONS
Located within 200 feet of a
residential zone. (Subject to
the requirements of section
13-49, Development
Standards for section 13-49,
Development Standards for
Establishments Within 200
Feet of Residentially Zoned
Property)3
P1 or P P P MC P1 or P P1 or P P P
-43-
478

TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL

CHARACTERISTICS

C1-S

C1

C2

CL

TC

PD

MG

MP
Sale of alcoholic
beverages for on-site
consumption after
11:00
p.m. and/or provision of
live entertainment or
dancing located within
200 feet of a residential
zone.3
P1 or
C
C C C P1 or C P1 or C C C
Sale of alcoholic
beverages for on-site
consumption after
11:00
p.m. and/or provision of
live entertainment or
dancing located not
within 200 feet of a
residential zone.3
P1 or
MC
MC MC MC P1 or
MC
P1 or
MC
MC MC
Drive-through
operations. (Subject to
the requirements of
section 13-50,
Development Standards
for Drive-Through
Operations)3
P1 or
MC
MC MC MC P1 or
MC
P1 or
MC
MC MC
Establishments with
less than 300 square
feet of indoor public
area located in a multi-
tenant center where
30% or more of the
tenants are similar
businesses, i.e.,
establishments with
less than 300 square
feet of indoor public
area.3
P1 or
MC
MC MC MC P1 or
MC
P1 or
MC
MC MC
Establishments with a
micro brewery3 P1 or
C
C C C P1 or C P1 or C C C
Commercial Kitchens P P P
-44-
479

TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL

CHARACTERISTICS

C1-S

C1

C2

CL

TC

PD

MG

MP
Ghost Kitchen (Subject
to the requirements of
section 13-52,
Development Standards
for Ghost Kitchens)

MC P P P P

Notes:

Pursuant to an approved master plan which specifies these operational characteristics and/or location of the business.

For the purposes of this table, the symbols shall have the following meaning:

P=Permitted; MC=Minor Conditional Use Permit; C=Conditional Use Permit.

Outdoor dining and seating areas may be considered as part of a proposed land use if allowed in the zoning district, and pursuant to the provisions, regulations and standards of this Article.

1 2

3 -45-
480

TABLE 13-47 (b)
OUTDOOR DINING AREA PERMITTING PROCESS1

LOCATION OF OUTDOOR AREAS AND OPERATIONAL

CHARACTERISTICS
Approval
Process
Courtyard Area P2
Setback Area - Expansion of up to 50% of indoor public area outdoors.1 P2 Setback Area - Expansion of more than 50% of indoor public area outdoors.1 MC2
Parking Area - Expansion of up to 50% of indoor public area outdoors and does not remove more than five parking spaces or 25% of existing, required parking, whichever is less.1
P2
Parking Area - Expansion of more than 50% of indoor public area outdoors.1 MC2
Parking Area - removal of more than five parking spaces, or removal of more than 25% of existing, required parking, whichever is less.1 MC2

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 2024-01, 1/16/2024)

Add the following new Section to Article 4, Establishments where Food or Beverages are Served:
§ 13-52. Operational standards for ghost kitchen operations.

Establishments with ghost kitchen operations shall comply with the following operational standards in addition to the development standards included in this Chapter, unless the standards are modified through the issuance of a minor conditional use permit.

Notes:

Temporary Use Permits for outdoor dining areas, including parklets within the public right- of-way, approved through Urgency Ordinance 2020- 15 may continue to operate with staff approval; however, shall comply with applicable Building and Fire Code requirements, may not interfere with minimum required site access or circulation, and shall comply with the aesthetic development standards outlined in section 13-48 within six months from the time of ordinance adoption, with an allowed six-month extension of time. Outdoor dining areas approved under a temporary use permit shall also be subject to applicable fees. Any modifications to these outdoor dining areas shall be approved pursuant to this article.

For the purposes of this table, the symbols shall have the following meaning: P=Permitted; MC=Minor Conditional Use Permit.
1 2
-46-
481

(a) The customer area shall be limited to pick -up lobby only, no dine- in seating is allowed.

(b) Applicant shall provide a delivery/couriers management plan and shall submit it to the Planning Department for review and approval by the Community Development Director or their designee. The Plan shall include but not be limited to:

(1) Queuing. Queuing into drive aisles or public ROW is strictly prohibited.

Should queuing be an issue the applicant/operators shall develop a solution that elevates the issue and shall be reviewed and approved by the Community Development Director or their designee.

(2) Loading Zone. Designated Pick-up/loading spaces shall be provided.

(3) Hours of operation.

(4) Operators. The plan shall identify the total number of operators and/or businesses in the facility.

(c) Should parking issues arise the owner and/or operator shall work with the City to resolve the issues which may include but shall not be limited too runners to deliver meals to waiting drivers/customers, parking attendants, and valet services.

(d) Establishments within 200 feet of residentially-zoned property shall also be subject to the development standards contained in section 13-49, Development standards for establishments within 200 feet of residentially-zoned property.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00; Ord. No. 2024-01, 1/16/ 2024)
-47-
482

EXHIBIT E
Chapter VI Off-Street Parking Standards, Article 2
Non-Residential Districts
§ 13-88. Purpose.

The purpose of this article is to establish parking requirements for all nonresidential zones, nonresidential components of the planned development residential zones and to mixed-use developments in all zones.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-89. Parking required.

The minimum amount of off -street parking as established in Table 13- 89 shall be provided at the time:
(a) Any building and/or structure is constructed;
(b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats;
(c) A specific use is proposed for a building site; or
(d) An existing use is changed to one which requires additional parking.

At all times, with the exception of the provisions of section 13-98, Declaration of land use restriction, parking shall be provided according to the requirements of Table 13-89.

TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS

USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Retail; offices; central administrative offices;
individual counseling; group counseling; artisan
studio and retail commercial; small fitness studios;
establishments where food or beverages are served
with a maximum of 300 square feet of public area1
4 spaces per 1,000 square feet
Office buildings exceeding 2 stories in height and
100,000 square feet in area
3 spaces per 1,000 square feet
Banks; savings and loans; credit unions 5 spaces per 1,000 square feet with a minimum of 6 spaces
Medical and dental offices; acupressure; massage;
personal services (non-group instruction/setting)
6 spaces per 1,000 square feet
Furniture and appliance stores with floor area
greater than 5,000 square feet
2 spaces per 1,000 square feet with a minimum
of 20 spaces
Churches; theaters; mortuaries; auditoriums;
services and fraternal clubs and lodges;
amphitheaters event center, event venue, banquet
facilities, assembly halls, and E-Sports arena, and
other similar places of assembly
Within the main auditorium or assembly area: 1
space for each 3 fixed seats or 1 space for every
35 square feet of seating area if there are no
fixed seats. 18 lineal inches of bench shall be
considered equal to 1 fixed seat.

Racquetball and tennis facilities 3 spaces per court plus parking required for incidental uses such as restaurants which shall
be calculated as noted below
-48-
483

TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS

USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Establishments where food or beverages are
served with more than 300 square feet of
public area1,4
10 spaces per 1,000 square feet for the first 3,000
square feet;2
12 spaces per 1,000 square feet for each additional
1,000 square feet above the first 3,000 square feet.2
Health clubs; Fitness studios and physical
fitness facilities; skating rinks; active
entertainment
Parking requirement is 10 spaces per 1,000 square feet
(unless otherwise listed in this table).

Accessory food or beverage service parking requirements shall be 4 spaces per 1,000 square feet.

Total parking requirement shall be the sum of all uses
combined, but the provisions of section 13-89.5 may be
applied.

Bowling alleys 3 spaces per lane plus parking required for incidental uses such as restaurants which shall be calculated as
noted under "Establishments where food or beverages
are served"
Trade schools; business colleges; dancing
and music academies
10 spaces per 1,000 square feet
Motels 1 space for each rentable unit without cooking
facilities. Each rentable unit with cooking facilities shall be governed by residential parking standards
Hotels 1 space for each 2 rentable units plus 10 spaces per 1,000 square feet for the first 3,000 square feet, and 20 spaces per 1,000 square feet for each additional 1,000
square feet above the first 3,000 square feet for
restaurant, banquet, meeting room and kitchen spaces
Establishments with live entertainment; i.e.,
go-go dancers, topless dancers, bikini
dancers
1 parking space for each person for the first 100
persons as authorized by capacity signs posted by the
fire department; 1 parking space for each 2 persons for every 101 to 300 persons as authorized by capacity
signs posted; 1 parking space for each 3 persons for
every 301 plus persons as authorized by capacity
signs posted by the fire department.

Personal Service Group Instruction/Setting;
Studios
Parking requirement is 10 spaces per 1,000 square feet

Commercial Kitchens 3 spaces per 1,000 square feet of gross leasable area Ghost Kitchens 6 spaces per 1,000 square feet of gross leasable area Shopping centers with a minimum of 600,000
square feet of contiguous gross leasable area:

Main structure or group of abutting structures
Retail 5 spaces per 1,000 square feet of gross leasable area Establishments where food or beverages are
served occupying 5% or less of the total
contiguous gross leasable area
1 space per 1,000 square feet of gross leasable area
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TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS

USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
Establishments where food or beverages are
served in excess of 5% of the total contiguous
gross leasable area
5 spaces per 1,000 square feet of gross leasable area
Office Space occupying 10% or less of the
total contiguous gross leasable area
None
Office Space in excess of 10% of the total
contiguous gross leasable area
4 spaces per 1,000 square feet of gross leasable area
Theaters (cumulative)
750 seats and less 5 spaces per 1,000 square feet of gross leasable area More than 750 seats 5 spaces per 1,000 square feet of gross leasable area plus 3 spaces for each additional 100 seats
Uses within freestanding structures
Establishments where food or beverages are
served

10 spaces per 1,000 square feet of gross leasable area
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TABLE 13-89

NON-RESIDENTIAL PARKING STANDARDS

USE

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
All others Pursuant to this table
Mixed use developments When there are mixed uses within a single development which share the same parking facilities, the total
requirement for parking should be determined as
outlined in "City of Costa Mesa Procedure for
Determining Shared Parking Requirements" which are
included herein by this reference and which may be
amended from time to time by resolution of the city
council. A greater reduction in parking than would be
allowed under this procedure may be approved by
minor conditional use permit where it can be
demonstrated that less parking is needed due to the
hours of operation or other unusual features of the
users involved.

For mixed-use developments located in the mixed-use
overlay zone, refer to the applicable urban plan for
parking rates.

Industrial 3 parking spaces shall be provided per 1,000 square feet of gross floor area for the first 25,000 square feet of building; 2 parking spaces shall be provided per
1,000 square feet of gross floor area between 25,000
and 50,000 square feet of building; and one and one-
half parking spaces shall be provided per 1,000 square
feet of gross floor area over 50,001 square feet of
building.

Garden centers; plant nurseries 4 spaces per 1,000 square feet of gross floor area; and 2 spaces per 1,000 square feet of outdoor display area.

Smoking lounges 17 spaces per 1,000 square feet

Notes:
1 Establishments limited to seating for 12 or fewer persons prior to June 4, 1997, shall remain at that seating limit unless additional parking is provided pursuant to this Zoning Code. 2 The outdoor patio seating area(s) shall not be included in the floor area calculations for purposes of determining the required parking.
3 The final review authority may apply a maximum credit of one parking space due to the provision of bicycle racks. This credit shall only apply to the overall parking supply and not to multiple uses. 4 When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed 30 spaces per 1,000 square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses. 5 The square footage of electrical and mechanical equipment and the surrounding three feet for clearance shall be excluded from the calculation of gross floor area for the purpose of determining parking requirements.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 16, 3-2-98; Ord. No. 02-4, § 1j, 3- 18-02; Ord. No. 06-9, § 1g., 4-18-06; Ord. No. 12-4, § 1, 5-15-12; Ord. No. 15-10, -51-
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§ 2C, 9-15-15; Ord. No. 21-20, § 1, 12-7-21; Ord. No. 2024-01, 1/16/2024; Ord. 2025-07, 10/21/2025)
§ 13-89.5. Reduction in parking requirements.

Where it can be shown that the required parking for a nonresidential land use will substantially exceed the demand of the actual use, the zoning administrator may, by minor conditional use permit, allow a reduction in the amount of required parking. The zoning administrator may place the following conditions on the approval of the minor conditional use permit:
(a) Allow such excess parking to be provided as landscaping, plazas, courtyards, or
similar open space feature.
(b) Require recordation of a land use restriction that restricts the future use of the property to ensure adequate parking availability. (Ord. No. 99-15, § 2, 11-16-99)
§ 13-90. Parking for uses not specified.

The parking requirements for the uses not specified in Table 13- 89 shall be determined by the planning division. The determination shall be based upon the requirements for the most comparable use specified in this chapter or other appropriate sources including but not limited to a parking study. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-91. General development standards.

General development standards for parking areas applicable to the nonresidential zones are contained in Article 3, Development Standards, of this chapter.
(Ord. No. 97-11, § 2, 5-5-97)
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EXHIBIT F

CHAPTER VI, OFF-STREET PARKING STANDARDS
Article 3 Development Standards

Add the following Section to Article 3:
13-100.10 Electric Vehicle Charging Stations
(a) Purpose.

The purpose of this chapter is to comply with Government Code Section 65850.7 and to promote and encourage the use of electric charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
(b) Regulations.

(1) Accessory Use. An electric vehicle charging station (EVCS) for public or private use shall be permitted as an accessory use within any existing legal single- family or multiple -family residential garage or carport, or within any existing legal commercial parking space in a parking lot or in a parking garage, subject to the development standards listed in subsection (c) below.

(2) Primary Use. An electric vehicle charging station (EVCS) as a primary use shall be permitted in non-residential and mixed use zones, pursuant to the Mesa Land Use Matric Chapter IV, Table 13-30 and shall comply with all standards applicable to the underlying zone and the development standards listed in subsection (c) below.

(c) Development Standards:

All EVCS shall:
(1) Be protected as necessary to prevent damage by automobiles;

(2) Be designed to minimize potential damage by vandalism and to be safe for use in inclement weather;

(3) Include complete instructions and appropriate warnings concerning the use of the EVCS, which shall be posted on a sign in a prominent location on or near each station for use by the operator;

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(4) Be maintained in good working order. Damaged or broken EV chargers or related infrastructure shall be repaired within 48 hours;

(5) Be located in a manner which will be easily seen by the public for informational and security purposes, when available for public use;

(6) Be located so as not to obstruct required parking areas, drive aisles, pedestrian walkways, accessible paths of travel, emergency access, or required visibility areas; and

(7) Comply with all applicable building, electrical, fire, accessibility, parking, circulation, and zoning requirements.

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EXHIBIT G
Chapter IX Special Land Use Regulations

The following new Articles are added to Chapter IX, Special land Use Regulations:

Article 24 – Group Instruction/Setting including Studio and Fitness Uses. 13-200.210 Purpose: The purpose of Article is to establish operational and development standards for uses with group instruction, group setting for Studios and Fitness uses to ensure compatibility with surrounding commercial uses.
13-200.211 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.212 Operational and Development Standards.
(a) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non- Residential Parking Standards.
(b) Indoor Operations. All activities shall occur entirely within an enclosed building.

Outdoor activities shall require approval of a Minor Conditional Use Permit per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13- 44 of this title.
(c) Small Fitness Studios may be up to 5,000 square feet in gross floor area. (d) Fitness Studios shall be less than 15,000 square feet in gross floor area.

Facilities larger than 15,000 square feet of gross floor area are classified as Physical Fitness Facilities.
(e) Noise. Whenever amplified music, instruction, or sound is utilized, all exterior doors and windows shall remain closed.
(f) A minimum of 15 minutes shall be provided between each group instruction or class.

Article 25 – Event Centers.
13-200.215 Purpose and Intent. The purpose of this Article is to establish operational and development standards for Event Centers and similar assembly uses, including banquet facilities, assembly halls, conference facilities, and arenas, in order to ensure compatibility with surrounding uses.

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13-200.216 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.217 Operational and Development Standards.
(a) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non- Residential Parking Standards.
(b) Occupancy. Occupancy shall not exceed the maximum occupant load approved by the Building Official and Fire Authority, or any occupancy limitation imposed through a planning entitlement.
(c) Noise. Amplified music, outdoor speakers, and public address systems shall comply with the City's Noise Ordinance. Outdoor amplified sound shall cease by 11:00 p.m., unless otherwise authorized through a Conditional Use Permit. A Noise study may be required to evaluate impacts on adjacent properties. (d) Operation Plan. Operator shall provide a detailed Operations Plan as part of the application package which shall include, at a minimum, the following:

1. Description of Operations. A description of the proposed use, including the types of events to be conducted, maximum occupancy, seating capacity, frequency of events, and anticipated hours of operation.

2. Site Management. Identification of on- site management personnel responsible for facility operations during events, including contact information for an on-site manager or responsible party.

3. Parking and Circulation. A description of parking management practices, valet operations (if applicable), rideshare pick -up and drop- off locations, employee parking locations, loading and unloading activities, and measures to prevent vehicle congestion on adjacent streets.

4. Noise Management. Identification of any amplified sound, entertainment, public address systems, or outdoor activities and measures to ensure compliance with the City's Noise Ordinance.

5. Security and Crowd Management. Procedures for crowd control including procedures for event dismissal and dispersal of attendees, event monitoring, security staffing, and coordination with public safety agencies, as appropriate.

6. Alcohol Service. A description of alcohol management practices , type of Alcohol Beverage Control license, including proof of compliance with all applicable Alcoholic Beverage Control regulations.
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7. Loading and Deliveries. A description of delivery schedules, vendor access, equipment loading and unloading activities, and designated service areas.

8. Trash and Maintenance. Procedures for refuse collection, litter control, site maintenance, and post-event cleanup.

9. Modification of Operations. The Director may require modifications to an approved Operations Plan when necessary to address documented operational impacts, ensure compliance with conditions of approval, or maintain compatibility with surrounding properties.
(e) Excluded Uses. Event Centers do not include:

1. Restaurants, bars, or nightclubs where food and beverage service is the primary use, and
i. P rivate events do not occur regularly and are accessory and subordinate to th e permitted restaurants, bars, or nightclub use; and
ii. The tenant space does not have space dedicated for private events.

2. Indoor commercial fitness or sports training facilities;

3. Churches or other places of religious assembly regulated under Article

4.5 (Development Standards for Churches and Other Places of Religious Assembly);

4. Civic and Community clubs or other private social clubs regulated elsewhere in this Title;

5. E- sports gaming lounges and participant -oriented electronic gaming facilities regulated as Active Entertainment uses; or

6. Schools or educational institutions.

Article 26 – Active Entertainment and Amusement Center

13.200.220 Purpose and Intent. The purpose of the Article is to establish operational and development standards for Active Entertainment and Amusement Center uses and to ensure compatibility with surrounding properties. 13-200.221 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.222 Operational and Development Standards.
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(a) Indoor Operations. Active Entertainment and Amusement Center uses shall be conducted entirely within an enclosed building. Active Entertainment uses shall be limited to a maximum gross square footage of 15,000 sf. Uses larger than 15,000 gross square feet are classified as Amusement Centers. For uses that proposes outdoor uses (uses not underroof) a Minor Conditional Use Permit is required per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13-44 of this title.
(b) P arking. Parking requirements shall be provided pursuant to Chapter VI, Off - Street Parking Standards, Article 2, Non- Residential Districts, Table 13 -89, Non-Residential Parking Standards.
(c) Noise. All activities, including amplified sound, public address systems, gaming equipment, and entertainment devices, shall comply with the City's Noise Ordinance. Sound generated by the use shall not create a nuisance on adjacent properties. Should an issue arise from noise the operator shall work with the City and implement best practice to eliminate the issue. (d) Occupancy. The use shall not exceed the maximum occupant load established by the Building Official and Fire Authority.
(e) Food and Beverage. Accessory food and beverage service may be permitted, subject to Chapter V, Article 4 (Establishments Where Food or Beverages Are Served).
(f) Queuing and Circulation. The use shall be designed and operated so that customer queues, waiting areas, and patron gatherings do not obstruct pedestrian walkways, building entrances, drive aisles, parking spaces, or required accessible routes.

(g) Excluded Uses. Active Entertainment and Amusement Center uses shall not include spectator-oriented assembly uses, event centers, concert venues, e- sports arenas, or other assembly uses where viewing or attendance is the primary activity. Such uses shall be regulated as Event Centers and Assembly Uses.

Article 27 – Artisan Studio

13.200.225 Purpose and Intent. The purpose of this Article is to establish development and operational standards for Artisan Studio retail uses that also support onsite opportunities for small -scale creative production, fabrication, repair, while ensuring compatibility with surrounding commercial uses and distinguishing Artisan Studio uses from manufacturing and industrial operations.
13-200.226 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.227 Operational and Development Standards.
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(a) Indoor Operations. All production, fabrication, assembly, repair, and retail activities shall occur entirely within an enclosed building. For studios that propose outdoor uses (uses not underroof) a Minor Conditional Use Permit is required per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13-44 of this title.
(b) Parking. Parking requirements shall be provided pursuant to Chapter VI, Off - Street Parking Standards, Article 2, Non- Residential Districts, Table 13 -89, Non-Residential Parking Standards
(c) Customer-Oriented Component. The use shall maintain a customer -facing component, which may include retail sales, display areas, demonstrations, workshops, classes, or other public interaction associated with the artisan production activities.
(d) Classes, Workshops, or Group Instruction. For uses that propose classes, workshops, or group instruction the following shall apply:

1. Parking requirements shall be provided per Table 13-89, Non-Residential Parking Standards.

2. Whenever amplified music or sound is played, all exterior doors and windows shall remain closed.

3. A minimum of 15 minutes shall be provided between each class, workshop or group instruction.
(e) Production Scale. The use shall be limited to small -scale production activities involving handcrafted, custom, artistic, specialty, or limited- production goods that are sold onsite. Uses involving assembly -line production, mass manufacturing, bulk processing, or large- scale industrial operations are prohibited.
(f) Permitted Equipment. Equipment and machinery customarily associated with artisan production, fabrication, repair, design, and creative activities may be utilized provided such equipment complies with all applicable building, fire, and noise regulations.
(g) Compatibility with Commercial Areas. Operations shall not create noise, vibration, dust, smoke, glare, fumes, odors, electrical interference, hazardous conditions, or other impacts beyond the property boundaries. (h) Screening. All exterior mechanical equipment, and/or roof mounted equipment, shall be screened from view from public right-of-way and adjacent properties. (i) Materials and Storage. All materials, supplies, products, and equipment shall be stored within an enclosed building. Outdoor storage of raw materials, products, equipment, or waste materials is prohibited. The use shall not involve -59-
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the storage or use of hazardous materials in quantities exceeding those permitted by the California Fire Code or other applicable regulations. (j) Food Production. Food preparation, food manufacturing, ghost kitchens, commercial kitchens, catering kitchens, or other food- related production uses shall not be considered Artisan Studio and shall be regulated separately. -60-
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RESOLUTION NO. PC-2026-19

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA,

CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPT AN ORDINANCE TO AMEND TITLE 13 0F THE CITY'S MUNICIPAL

CODE (PLANNING, ZONING, AND DEVELOPMENT) TO UPDATE SPECIFIC NON RESIDENTIAL LAND USE CLASSIFICATIONS, USES AND ST ANDARDS (PCTY-2026- 0001)

THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA FINDS AND DECLARES AS FOLLOWS:

WHEREAS, the City of Costa Mesa Municipal Code, Title 13 Planning Zoning and Development Code was last significantly updated in 1997, and since that time has been periodically amended;
WHEREAS, Title 13 Planning, Zoning, and Development Code serves as the primary regulatory framework governing land use and development throughout the City, and a clear and modern Zoning Code supports economic development by providing certainty for property owners, tenants, and investors while ensuring that new development remains consistent with the City's General Plan and community objectives; WHEREAS, new business types, including wellness-oriented services, specialized fitness facilities, active entertainment venues, artisan production spaces, food halls, ghost kitchens, commercial kitchens, and e-sports-related uses are increasingly common but are not clearly addressed within the City's existing regulatory framework; WHEREAS, this Ordinance would amend the following Chapters in Title 13 of the Costa Mesa Municipal Code to implement amendments to the Zoning Code to facilitate clarity and regulation requirements:
a. Chapter 1, Article 2, Definitions
b. Chapter IV, Citywide Land Use Matrix
c. Chapter V Development Standards, Article 3, Commercial Development Standards
d. Chapter V Development Standards, Article 4, Establishments Where Food or Beverages are Served
e. Chapter Vl, Off-Street Parking Standards, Article 2, Non-Residential Districts
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496
f. Chapter Vl, Off-Street Parking Standards, Article 3, Development Standards
g. Chapter IX, Special Land Use Regulations;
WHEREAS, a Study Session was held by the Planning Commission on April 13, 2026 with all persons having the opportunity to speak for and against the amendments; WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 22, 2026 with all persons having the opportunity to speak for and against the amendments; and
WHEREAS, after holding a public hearing, the Planning Commission conducted a discussion, re-opened the public hearing, and continued the item to the July 13, 2026 hearing; and
WHEREAS, a public hearing was held by the Planning Commission on July, 2026 with all persons having the opportunity to speak for and against the amendments, and the Planning Commission recommended the City Council approve the proposed amendments; WHEREAS, the proposed amendments have been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption, because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment. The amendments primarily involve updates to land use classifications, definitions, and administrative development standards. Additionally, portions of the amendment may be categorically exempt pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).

NOW, THEREFORE, based on the evidence in the record the Planning Commission, in its independent judgement, hereby RECOMMENDS APPROVAL of the Zoning Code amendments incorporated herein as Attachment 1, Exhibits A through F:

Attachment 1- Draff City Council Ordinance 26-XX, * Exhibit A: Chapter 1, Article 2, Definitions;
* Exhibit B: Chapter IV, Citywide Land Use Matrix; * Exhibit C: Chapter V, Development Standards, Article 3, Commercial Development Standards;
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* Exhibit D: Chapter V Development Standards, Article 4, Establishments Where Food or Beverages are Served;
* Exhibit E: Chapter Vl, Off-Street Parking Standards, Article 2, Non-Residential Districts;
* Exhibit F: Chapter Vl, Off-Street Parking Standards, Article 3, Development Standards; and
@ Exhibit G: Chapter IX, Special Land Use Regulations; BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report, and in compliance with all applicable federal, state, and local laws.

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

PASSED AND ADOPTED this 13th day of July, 2026.

Costa Mesa Planning Commission
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss

CITY OF COSTA MESA )
1, Carrie Tai, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC-2026-19 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on July 13, 2026, by the following votes:

AYES: Harlan, Zich, Andrade, Klepack, Martinez, Rojas NOES: None
ABSENT: Dickson
ABSTAIN: None
Costa Mesa Planning Commission
Resolution No. PC-2026-19
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ATTACHMENT 1- Draft City Council Ordinance
ORDINANCE N0. 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 0F THE COSTA MESA MUNICIPAL CODE (PLANNING, ZONING, AND DEVELOPMENT) TO UPDATE SPECIFIC NON RESIDENTIAL LAND USE CLASSIFICATIONS, USES AND ST ANDARDS (PCTY-2026- 0001)

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

WHEREAS, the City of Costa Mesa Municipal Code, Title 13 Planning Zoning and Development Code was last significantly updated in 1997, and since that time has been periodically amended;
WHEREAS, Title 13 Planning, Zoning, and Development Code serves as the primary regulatory framework governing land use and development throughout the City, and a clear and modern Zoning Code supports economic development by providing certainty for property owners, tenants, and investors while ensuring that new development remains consistent with the City's General Plan and community objectives; WHEREAS, new business types, including wellness-oriented services, specialized fitness facilities, active entertainment venues, artisan production spaces, food halls, ghost kitchens, commercial kitchens, and e-sports-related uses are increasingly common but are not clearly addressed within the City's existing regulatory framework; WHEREAS, this Ordinance would amend the following Chapters in Title 13 of the Costa Mesa Municipal Code to implement amendments to the Zoning Code to facilitate clarity and regulation requirements:
a. Chapter 1, Article 2, Definitions;
b. Chapter IV, Citywide Land Use Matrix;
c. Chapter V Development Standards, Article 3, Commercial Development Standards;
d. Chapter V Development Standards, Article 4, Establishments Where Food or Beverages are Served;
e. Chapter Vl, Off-Street Parking Standards, Article 2, Non-Residential -5-
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Districts;
f. Chapter Vl, Off-Street Parking Standards, Article 3, Development Standards; and
g. Chapter IX, Article 24, Group Instruction/Setting & Small Fitness Studio.

WHEREAS, a Study Session was held by the Planning Commission on April 13, 2026 with all persons having the opportunity to speak for and against the amendments; WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 22, 2026 with all persons having the opportunity to speak for and against the amendments, and the Planning Commission recommended the City Council approve the proposed amendments;
WHEREAS, after holding a public hearing, the Planning Commission conducted a discussion, re-opened the public hearing, and continued the item to the July 13, 2026 hearing; and
WHEREAS, a public hearing was held by the Planning Commission on July, 2026 with all persons having the opportunity to speak for and against the amendments, and the Planning Commission recommended the City Council approve the proposed amendments; WHEREAS, the proposed amendments have been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common Sense Exemption, because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment. The amendments primarily involve updates to land use classifications, definitions, and administrative development standards. Additionally, portions of the amendment may be categorically exempt pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations); WHEREAS, a duly noticed public hearing was held by the City Council on 2026 with all persons having the opportunity to speak for and against the amendments; and

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

Section 1. The City Council, in its independent judgement, hereby adopts the Zoning Code amendments incorporated herein as Exhibits A through G:
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* Exhibit A: Chapter 1, Article 2, Definitions;
* Exhibit B: Chapter IV, Citywide Land Use Matrix; * Exhibit C: Chapter V, Development Standards, Article 3, Commercial Development Standards;
* Exhibit D: Chapter V Development Standards, Article 4, Establishments Where Food or Beverages are Served;
* Exhibit E: Chapter Vl, Off-Street Parking Standards, Article 2, Non-Residential Districts
* Exhibit F: Chapter Vl, Off-Street Parking Standards, Article 3, Development Standards; and
* Exhibit G: Chapter IX, Special Land Use Regulations; 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, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
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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 day of 5 2026.

John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:

Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )

COUNTY' OF ORANGE )

CITY OF COSTA MESA )
SS
1, 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 or the City Council held on the day of 2026, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the day of , 2026, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

City of Costa Mesa this
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the day of , 2026.

Brenda Green, City Clerk
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EXHIBIT A
Chapter 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 Xll, 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).

Active Entertainment. A commercial use that provides interactive, participant-based amusement, recreation, or game-oriented activities for individual or group participation and is limited to a maximum or 15,000 square Feet. Active Entertainment does not include spectator-oriented uses, live performance theaters, adult entertainment businesses, physical fitness facilities, or event centers.

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. l
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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.

Amusement Center. A commercial use that provides interactive, participant-based amusement, recreation, or game-oriented activities for individual or group participation and is larger than 15,000 gross square feet. Amusement Center does not include spectator-oriented uses, live performance theaters, adult entertainment businesses, physical fitness facilities, or event centers.

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

Artisan Studio. A workspace for the creation, display, and retail sale of artwork and hand craffed goods, including custom woodworking and furniture making, where products are primarily created by the artist or artisan on-site; excluding automotive repair and food related production. Examples include, but are not limited to, artist studios and workshops, photography studios and commercial photography, recording studios, music studios, galleries, and showrooms.

Assembly use. A use conducted in a structure or outdoor venue for the purpose of gathering of persons for a civic, education, political, religious, or social function, or 2 -10-
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for the consumption or receipt of food and/or beverages. 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 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 3 -11-
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primary function of churches and other places of religious assembly.

Cigarbar. See Smoking lounge.

City. City of Costa Mesa.

Commercial Kitchen. A food preparation facility used by one or more food operators for the preparation, cooking, processing, packaging, and storage of food or beverages For off-site consumption, distribution, catering, wholesale, or other commercial purposes, with no on-site dining, retail sales, customer pick-up, or delivery service to the general public. A commercial kitchen may include catering kitchens, commissary kitchens, shared-use kitchens, and food production facilities, but does not include a restaurant, ghost kitchen, food hall, or other food service establishment where food orders are accepted from customers and fulfilled directly from the premises.

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 devetopment. 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.

Community Development Department. Refers to the Community Development Department of the City of Costa Mesa on or affer July 1, 2026, and the Economic and Development Services Department and/or Development Services Department of the City of Costa Mesa prior to July 1, 2026.

Community DevelopmentCommunity Development Director. The director of the Department of the City of Costa Mesa, or his or her designee.

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

Development services department. See Community Development Department.

Development services director. See Community Development Director.

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, singlelamily" 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.

Electric vehicle charging station. As defined by Government Code Section ..

Electric vehicle supply equipment. The hardware, including connectors, fixtures, devices, and other components required to charge an electric vehicle. 5 -13-
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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. musical
persons
Entertainment (live). Any act, play, revue, pantomime scene, dance act, performance, or any combination thereof, performed by one or more whether or not they are compensated for the performance.

E-Sports or Electronic Sports. Means a participant-based organized competitive praying of video games using digital gaming platforms.

E-Sports Arena. A facility designed and operated primarily for organized E-Sports competitions, tournaments, exhibitions, broadcasts, live-streaming events, or similar events where spectator viewing and attendance are the principal activities.

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 Event Center- A facility designed for assembly use and to accommodate organized events, competitions, ceremonies, meetings, entertainment, spectator viewing, or similar group activities. Event Centers are also referred to as Banquet Facilities, Assembly Halls, and Arenas.

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.

Fitness studios.- means an indoor commercial use of more than 5,000 square feet but less than 15,000 square feet that provides instructor-led instruction, training, or structured physical activity, either in a group setting or one-on-one, including, but not limited to: dance, martial arts, yoga, Pilates, high-intensity interval training (HIIT), circuit training, and similar small-group fitness activities. These uses are characterized by scheduled classes or training sessions and are limited in scale and intensity. This use does not include large health clubs, commercial gyms, indoor sports training facilities, or uses greater than 15,000 square feet of gross floor area.
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Floor area ratio. The gross floor area of a building or project divided by the project lot area upon which it is located.

Food Half. A single, integrated food and beverage establishment, or restaurant, containing three or more independently operated food or beverage vendors or counters within a shared building or tenant space, with common customer seating, shared circulation, and shared amenities. A food hall may include accessory alcohol service, entertainment, retail, or event programming when allowed by applicable permits, but does not include ghost kitchen or commercial kitchen.

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.

Ghost Kitchen. A food preparation facility used by one or more food operators for the preparation of meals or beverages for off-site consumption through delivery, mobile ordering, or customer pick-up, with no dine-in restaurant service. A ghost kitchen may include multiple virtual restaurant brands, shared order fulfillment areas, delivery driver staging, and limited pick-up lobby areas, but does not include a catering kitchen, commercial kitchen, or food hall.

Grade. The lowest point ofthe 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 affer 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 total horizontal area of all floors within the exterior walls of a structure. The following areas do not contribute to the building's occupancy or intensity of use and shall be excluded from the gross floor area calculation: garages or carports used for parking, elevator and stair shafts, mechanical shafts, pipe chases, equipment and mechanical rooms, electrical rooms, and other accessory storage, utility or service spaces, that are devoted exclusively to development operations and maintenance.

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. 7 -15-
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Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single 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.

Health club. See Physical Fitness Facility.

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 8 -16-
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applying federal, state and local laws to its operation.

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

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

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

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

Lot.
(a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the Subdivision Map Act and 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 9 -17-
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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.

Masterplan ofhighways. The graphic representation oTthe city's ultimate circulation system contained in the general plan. It illustrates the alignment of the major, primary, secondary and collector highways.

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 10 -18-
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are rented or leased, held out for lease or rent, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes. A mobile home park also means a mobile home development constructed according to the requirements of Part 2.1 (commencing with section 18200) of Division 13 of the State Health and Safety Code, and intended for use and sale as a mobile home condominium or cooperative park, or as a mobile home planned unit development.

Motel. Any building or combination of buildings of one to three stories in height having six or more guest rooms with parking located convenient to the guest rooms and providing temporary lodging for automobile tourists and transient visitors.

Typically, guest rooms have direct access to available parking without passing through a common lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels.

Municipal Code. City of Costa Mesa Municipal Code.

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

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

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

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.

Operatormeans 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.
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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.

Personal Services. A commercial use that provides personal care, grooming, wellness, aesthetic, or convenience services directly to individuals. This category does not include group fitness uses, medical offices, or other uses involving medical diagnosis or clinical treatment.

Personal Services, Group. A commercial use that provides personal care, grooming, wellness, aesthetic, or convenience services directly to individuals that include group instruction or group setting. This category does not include group fitness uses, medical offices, or other uses involving medical diagnosis or clinical treatment.

Physical Fitness Facility means a facility, building, or portion thereof designed and operated for physical fitness, athletic training, sports instruction, exercise, recreation, or wellness activities conducted individually or in groups, with a gross floor area of 15,000 square feet or greater. Such facilities may include exercise equipment, fitness classes, courts, fields, training areas, locker rooms, spectator seating accessory to the primary use, and related support amenities. Also see Health Club.

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 Community Development 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 12 -20-
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of highways shall be deemed a front property line. A non-residentially zoned property shall have more than one front property line when it abuts more than one street designated as secondary, primary, or major on the master plan of highways.

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

Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line. megularly 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 or 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 & 13 -21-
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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 §§ 11834.02-11 834.30); 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. &lnst. Code §§ 5115-5120).

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

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

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

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

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

Setback. The required distance that a building, structure, parking or other designated 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 or 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. 14 -22-
517
Slope. The degree of deviation of a surface from the horizontal plane, usually expressed in percent or degrees.

Small Fitness Studio. An indoor commercial use of up to 5,000 square feet that provides instructor-led instruction, training, or structured physical activity, either in a group setting or one-on-one, including, but not limited to: dance, martial arts, yoga, Pilates, high-intensity interval training (HIIT), circuit training, and similar small-group fitness activities. These uses are characterized by scheduled classes or training sessions and are limited in scale and intensity.

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 streeUalley 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 shalt not include Food or beverage service, outdoor seating, or an indoor seating area greaterthan 100 square feet in area.

Sober living home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit; (3) any sober living home without an operator.

Specialty store. A retail store less than 3,000 square Feet in area with hours of operation between 6:00 a.m. and 11 :OO p.m. A specialty store offers a combination of foods and beverages for off-site use or consumption and provides for alcoholic beverage sales that are incidental to the primary use. No more than 1 0% of the total merchandise area of the retail floor may be devoted to display or sale of alcoholic beverages and only non- refrigerated alcoholic beverages may be offered. A specialty store must comply with the operational standards of section 13-200.72.

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

State. State of California.

Story. For purposes related to zoning regulations, a story is that portion of a building included between the surface of any floor and the surface of the floor next above it.

If there is no floor above it, then the space between such floor and the ceiling next above it shall constitute a story. An attic shall not be considered a story. A basement or cellar shall not be considered a story, if the finished floor level directly 15 -23-
518
above the basement or cellar is less than Tour 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.

Studio Fitness. See Small Fitness Studio.

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 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) or individuals who have no knowledge or control of their exposure. The exposures may occur in living quarters or work places where there are no expectations that the exposure levels may exceed the exposure and induced current levels permitted For the general public.

Underroof. All of the area within the walls or 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 16 -24-
519
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 or 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, § 1 a., 6-18-01 ; Ord. No. 05-11, § 2a., 7-1 9-05; Ord. No. 06-18, § 4, 9-5-06; Ord. No. 09-3, §§ 1 a., b., 5-1 9-09; Ord. No. 09-4, § 1 a., 5-5-09; Ord. No. 10-13, § '1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 9-20'14 ; Ord. No. 13-1, § 2A., 3-19-1 3; Ord. No. 13-05, § 'I, 12-3-1 3; Ord. No. 14- 04, § 2A., 4-1-14; Ord. No. 14-13, § 1, 10-21-14; Ord. No. 15-10, § 2A, 9-15-15; Ord. No. 15-11, § 1, 11-17-1 5; Ord. No. 16-01, § 1, 1-19-1 6; Ord. No. 18-03, § 2, 1- 16-1 8; Ord. No. 21-03, § 3, 3-2-21 ; Ord. No. 21-20, § 1, 12-7-21 ; Ord. No. 26-03 § 04-07-26)
17 -25-
520

EXHIBIT B

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

Residential zones: R1, R2-MD, R2-HD, and R3
Commercial zones: AP, CL, C1, C2, C1-S, and TC
Industrial zones: MG and MP
Planned Development Residential zones: PDR-LD, PDR-MD, PDR- HD, and PDR-NCM
Planned Development Commercial zone: PDC Planned Development Industrial zone: PDI
The Parking zone: P
-26-
521
Institutional and Recreational zones: I & R, I & R-S, and I & R-MLT (f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable.
(g) For the mixed-use overlay district located in an urban plan area, please refer to the appropriate urban plan text for additional regulations related to development standards and allowable land uses as applicable. -27-
522

LAND USES
TABLE13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-M[) R2-HD R3 AP CL Cl C2 Cl-81 TC' MG
PDR P[)R PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT

LD' MD' HD'
1 Single-family
dwellings (single
housekeeping
units)
2 Multi-family
dwellings
2 4 Common interest
developments,
residenfial
2 2 Small lot
subdivisions,
residential
3 Mobile home parks
4 Boarding-
house, smalP
5 Boarding-
house, large'
6 Residential care
Facility, six or fewet
persons (State
licensed)
7 Group homes, six or
fewer
71 Sober living
homes, six or fewer
8 Residential care
facility, seven OT more
9 Group homes,
seven or more
9 j Sober living
honus, seven OT
m ore
S'
CCC
PPP
S"
S'
C' C' (,t
C' C' C"

C' C' C'
CCCCCC
PPPPPP
S'
S"
C' (:t C" C'
C' C" C' C'
C' C" C' C'
3 -28-
523

I&R- I&RM
LAND USES Rl R2-M € R2-HD R3 AP CL Cl C2 MG MP - PDC' PDI' I&R' Sl LT' P LD'
10 Refenalfacility - C' C' C' - - - C' - a - a a C' C' a a a a a a a (Subject to the
requirements of
section 13-32 2,
refenal facility)
11 Single room (,i gi
occupancy residential
hotel (subject to City
Council Policy 500-5)
Employee housing, six P P P P P P P P P P P
or fewei
Supportive housing pl2 pelf) plt.1) pjt.1) p11 12 p1t 12 plli2 pii.i2 pit l) pii i2 piii2 pli.i) Ttansifionalhousing P" P" P"' P" P" P' P'a P" P" P" P" P" Low banier navigation
center

ACCESSORY USES
pj3 pi3 pi3 pl3
12 ElecfticVehicle P'
Charging Station,
Accessory Use
(subject to the
requirements oT
Chapter IV, 13-30)
13 Animals, keeping
Of
14 Aniennas Amateur
radio, Satellite dish,
Communication

P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' P' SEE TITLE 3, ANIMALS AND FOWL
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
16 Daycarefacilities C C C C C C C C C C C C
(15 dhildren or more)
(see also Nursery

CCCCCCCPF'
4 -29-
524
LAND uSES
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
R1 R2-MD R2-HD R3 AP CL Cl C2 Cl-81 TC' MG
PDR PDR PDR P[)R- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
schools)
17 Family day P'
care-Large (7 to 14
children) (su5jectto
the requirements of
section 1 3-37, large
family day care
homes)
18 Family day care- P
Small (up to B
children)
19 Garage/yard P
sales-No more than
2 events permitted a
year, not to exceed 3
consecutive days
P} PI'
pi-
21 Home occupations P'
(su5ject to ihe
requirements of
chapter IX, article 6,
home oocupations)
22 Home occupations MC'
that generate traffic
and do not involve
more than 'l
customer/ client ak a
time or more than 8
customers/clients pet
day (sublect to the
requirements oT ch IX,
article 6, home
occupations)
22 1 Non-residential
accessory uses in a
residential
development not
otherwise specffied in
this table
P' P' P' P" P" P" P" P2' P2' P" P" P' P' P' P' P" P" P' MC' MC' MC' MC" MC" MC" MCa' MC" MCa' MC" MC" MC' MC' MC' MC' MC' MC" MC" MC" 5 -30-
525

LAND USES
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-M € R2-HD R3 AP CL Cl C2 Cl-81 TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT

LD' MD' HD'
p2- P' P" P" P' Pa' P" p}- P'
(su51ect to the
requirements of
chapter IX, article 6,
home occupations)
22 Home occupations MC'
that generate traffic
and do not involve
more than j
customer/ client at a
time oy more than 8
customers/clients per
day (subjed to the
requirements of ch IX.
article 6, home
occupations)
22 S Non-residential
accessoiy uses in a
residential
development not
otherwise spec[ied in
this table
22 2 Accessory P'
dwelling unit (subject
to the requirements of
ch V, section 13-35,
accessory dwelling
units)
22 3 Junior accessory P'
dwelling unit (subject
to the requirements of
ch V, section 13-35,
accessoiy dwelling
units)
22 4 Temporary real P'
estaie and
constniction offices
(subject to the
requirements of ch IX,
att TO, temporary
trailers)
MC' MC' MC' MC" MC" MC" MC2' MC" MC" MC" MC" MC' MC' MC' MC' MC" MC" MC"

P' P' P'
P" P' P"

P' P' P' P' P'
MC"
P'
P'
P'
6 -31-
526

LAND USES
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-MD R2-HD R3 AP CL C1 C2 Cl-81 TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'

INSTITUTIONAL AND RECREATIONAL USES
23 Cemeterms
24 Chutches and C'
other places of
religious assembly
(Subject to the
requirements of article
4 5, development
standards for chutches
and other places of
religious assembly)
25 Civic and C
community clubs
C' C' C' C" C'
pl
C' C" P' P' C" C' C' C' C' C' C' C'
26 Convalescent
hospitals, nursing
homes
27 Country clubs, golf C
28 Crematones (See
also Mortuary
services)
29 Fairgrounds,
outdoor festival
(permanent)
30 Hospitals, general
31 Libtanes, privately- C
operated
3'la Marijuanaand/or
medical marijuana
cultivation
31 b Cannabis and/or
marijuana disttibute+
C' C'
31 c. Cannabis andtoi (J C'
manluana
manufadurei or
7 -32-
527

LAND USES
TABLE13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-M € R2-HD R3 AP CL Cl C2 Cl-Sl TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
processor
31d Cannabisandlor
marijuana retail sales
storefront
31 e. Cannabis and/or
marijuana retail sales
nonstorefront
(deliveries)
31f Cannabis andlot
marijuana research
and developmenf
and/or testing
laboratories
32 Mortuary sernces
without crematories
32a. Needle exchange
program
33 Nursery
schools-See also
Day care facilities for
15 or more children
34 Paints and
playgrounds

35. Public offices and
facilities, such as city
halls, courthouses,
police/ fire stations,
etc
36 Schools primary,
secondag and
colleges
37 Schools trade and
vocational, group
counseling
38 Senior congregate
care facility

C' C' C' C' C'
C' C" C' C" C' C"

MC P P P P MC MC
C'
C'
MC
-33-
528

LAND USES
TABLE13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-MD R2-HD R3 AP CL Cl C2 Cl-81 TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT

LD' MD' HD'
39 Swap meets
39a Emergency
shelters

SPECIAL SEASONAL EVENTS
c" P"
41 Christmas tree lots,
pumpkin patches,
fireworks siands,
produce stands
(sublect to the
requirements of title 9,
chapter II, regulation
of certain businesses)

COMMERCIAL AND

INDUSTRIAL USES
42 Acupressute,
massage (sublect to
the iequi+enunts of
title 9, chapter ii,
article 22, Massage
establishments and
practitioners)
42a Active
Entertainment (su5ject
to the requirements of
chapter IX, article 5,
electronc game
machines and Article
26, Aciive
Entertainment)
43 Adult businesses
(See Sexually-oriented
businesses)
44 Aggregate batch
plants, Rock or asphalt
crushing, Sand
P" P' P' P'
P'

P P P P P P MC MC P P P P P
9 -34-
529
LAND USES Ri R2-M € R2-HD R3 AP
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
PDR P[)R PDR PDR- I&R- I&RM
CL Cl C2 C1-S1 TC' MG MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
45 Ambulance
services
46 Amusement
centers (subject to the
requiiemenis of
chapter IX, article 5.
electronic game
machines, and Ariicle

26. Active
Enteriainment/Amuse
ment Center)
47 Animal hospitals.
veterinary seivices
(kenneling only when
incidental to principal
hospital use)
48 Animal shelters,
pounds, kennels,
kaining schools
48a Antique malls
49 Artisan Studio
50 Auction houses
51 Automobile (See
Motor vehicle)
52 Banks, savings and
loans, and other
financial institutions
53 Bars, nightclubs
(See Establishments
where food or
beverages are
served)

MC MC MC MC MC MC MC MC
C' C" C" C"
MC MC
C' C" C'
MC MC
C'
MC
10 -35-
530

R)R PDR PDR PDR- I&R- I&RM
LANDUSES Rl R2-MDR2-HD R3 AP CL Cl Ci-81 MG MP - - - NCM' PDC' PDI' I&R' 81 LT' P

LD' MD' HD'
54 Reserved
55 Billiards parlors MC MC MC MC MC MC MC MC MC MC MC
56 Botanicalgardens, C C C C C
Zoos
57 Bowling centers MC MC MC MC MC MC
58 Bteweries, C C
Distilleries
59 Reserved
60 Building supplies,
Hardware stores
(retail)
61 Business
services-See Offices
62 Cat washes
63 Carts - Outdoor
retail sales in
conlunction with an
established business
64 Catering
65 Coffee roasting
66 Coffee roasting (in
conjunction with
establishments where
food or beverages are
seived)
67 Commercial art,
Graphic design

PPP PPPP
CCCCCC

MC MC MC MC MC MC MC
CCCCC

MC MC MC MC MC MC

MC P P P P P
MC MC

MC MC MC MC MC MC
PP

MC MC MC MC MC

PPPPPPPP PP
11 -36-
531

LAND USES
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-M € R2-HD R3 AP CL CI C2 Ci-Sl TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
68 Commercial testing
69 Computer and data
processing
70 Contracting
general contractors.
operative builders
71 Convenience
stores, mini-markets
(sublect to the
requirements of
chapter IX, article 16,
liquor stores,
convenience stores.
and mini-markets)
72 Department stores
(retail)
73 Electronic game
machines (four or
more), incidental to the
ptimay use, (subject
to the requirements of
chapter IX, article 5.
elecltoruc game
machines) - Excluding
amusement centers
listed separately
74 Engineering,
architectural: and
surveying services-
See Offices
75 Entertainment, live
or public
76 Establishments
where food or
beverages are served
77 Event Center
(subject to the

C' C' C' C'
MC' MC' MC' MC' MC' MC' MC"
SEE TITLE 9. ARTICLE 11 , REGULATORY PERMITS

FOR PUBLIC ENTERTAINMENT
SEE CHAPTER V, ARTICLE 4, EST ABLISHMENTS

WHERE FOOD OR BEVERAGES ARE SERVED
C' C' C"

MC' MC' MC' MC' MC'
SEE TITLE 9, ARTICLE 11 , REGULATORY PERMITS

FOR PUBLIC ENTERTAINMENT
SEE CHAPTER V ARTICLE 4,

ESTABLISHMENTS WHERE

FOOD OR BEVERAGES ARE
SERVED
CCC
12 -37-
532
LAND uSES
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-M € R2-HD R3 AP CL Cl C2 Ci-Sl TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
requirements o[
Event Center)
78 Flower stands -
See also Carts

MC MC MC MC MC MC MC MC MC MC MC MC MC
79 Electric Vehicle
Charging Station,
Primary use (subject
to the requirements of
Chapter IV, 13-30)
80 Grocery stores-
See also
Supermarkets,
excluding convenience
stores, and liquor
stores listed
separately
8'l Hazardous waste
facilities, off-site
(subject to chapter IX
artide 9, off-site
hazardous waste
facilities)
82 Heliports, Helistops
83 Hotels - Excluding
motels listed
separately
84Landscape
services (installation
and maintenance)
85 Reseved
86 Leathertanning
and finishing
87 Limousine services
88 Liquor stores
(subject to the
P' P" P'
C' C' C"

MC MC P P
C' C" C'
C"
C"
P'
C" C'
P'

MC MC MC MC
C'
C'
PI
C' C"
P' P"
13 -38-
533

PDR PDR PDR PDR- I&R- I&RM
LAND USES Rl R2-MD R2-HD R3 AP CL Cl C2 Cl-81 MP - - - NCM' PDC' PDI' I&R' 81 LT' P

LD' MD' HD'
requirements of
chapter IX, article 16,
liquor stores,
convenience stores.
and mini- markets)
89 Lumber and
building materials
dealers, (wholesale)
90 Manufacturing
Light EXCEPT
P2pi'
the following
which are
prohibited
- Manufacture
of fettilizet
- ManuTactute of
products involving
the use oT
explosives
Manufacture of rubber
(including tires), steel
9'l Manufacturing
of chemical
products, paints,
phatmaceuticals.
and plastics
92 ManuTaduring ol
stone, clay, glass and
contrete products
EXCEPT ihe
following which are
prohibited.
- Manufacture of
flat glass
- Manufacttxe of
cemeni and
structural clay
products
- Manufacture of
concrete, gypsum
and plaster
products
- Manufacture of
C'
PI P2
C'
P-
14 -39-
534
LAND USES Ri R2-M[) R2-HD R3 AP
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES

PDR PDR PDR PDR- I&R- I&RM
CL Cl C2 Cl-Sl TC' MG MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
abrasive and
asbestos products
- Manufacture of
nonclay refractories
and crucibles
- Processing and
preparation of day
ceramic and
refractory minerals
93 Manufacturing oy
processing of foods
and beverages
EXCEPT the
following which ate
prohibited
- Meat and
poultry packing
plants
- Grain mills
- Sugar refining
- Fats and oils
processing
mills
- Seafood canneries
and packaging
(See also Breweries,
Distilleries, Coffee
roasfing)
94 Massage- See
also Acupressuie
(su51ect to the
requirements of title
9, chapter If, article
22, massage
establishments and
practitioners)
95 Medical
laboratones
96 Metal fabrication,
welding, foundry, die
casting (subject to
subsection 13-54(a).
performance
P- P"
P' P' P"

MC MC P P P P MC MC
P" P'
P-
MC MC
15 -40-
535
LAND USES Ri R2-MD R2-HD R3 AP
TABLE13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES

PDR PDR PDR PDR- I&R- I&RM
CL Cl C2 Cl-81 TC' MG MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
standards)
97 Motels - (SuJect
to requirements of
chapter IX, article 8,
motels) Excluding
Hotels listed
separately
98 Motion picture and
television studios
C' C'
99 Motion picture
theaters and other
theaters not within
;oo feet of residential
zones
100 Motion picttxe
theaters and other
theaters within 200
feet of residential
zones
joh Motor oil,
used-COlleCtiOn
facility (sub%ct to the
requirements of
chapter IX, article 9,
off-site hazardous
waste facilities)
102 Motor vehicle,
boat, and motorcycle
retail sales, leasing,
rentals and service
with two or more
outdoor display
parking spaces
103 Motor vehicle,
boat, and motorcycle
retail sales, leasing,
and rentals with one
or less outdoor
display parking space
and no service
(suJect to verification
P' P' pi
16 -41-
536

LAND USES
TABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-MD R2-HD R3 AP CL Cl C2 Ci-81 TC' MG

PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 L'T'
L[)' MD' HD'
of parking availability)
j04 Motorvehicle
setvice stations
105 Motor vehicle
service stations with
concunent sale of
alcoholic beverages
(subject to
requirements of
chapter IX, article 3,
concunent sale oT
alcoholic beverages
Blld nlotor vehicle
fuel)
'106 Motor vehicle,
boat, and mototcyt.le
repair services
(including body and
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 (sublect to
subsection 13-54(b))
108 Nurseries (retail
with no bulk feriilizer)
109 0ffices central
administrative
'I 10 0ffices
engineenng,
architectural, and
surveying setvices
management,
consulting and public

C' C' C' C'

MC MC MC P P
17 -42-
537
LAND LISES Rl R2-M[] R2-HD R3 AP
TABLE13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES

PDR PDR PDR PDR- I&R- I&RM
CL Ci C2 Cl-81 TC' MG MP - - - NCM' PDC' PDI' I&R' 81 L'T'

LD' MD' HD'
111 0ffices general P P P P P P MC MC MC MC MC P P 112 Reserved
113 0ffices medical
and dental
114 0ffices services
to businesses such
as bookkeeping and
data processing
115 0ff-street parking
lots and structures
including related
maintenance
buildings
116 0ff-street parking
lots and structures,
incidental uses within
14 7 0il fields, oil
wells (see chapter
XIV, oil drilling)
1 4 8 Pawn shops
119 Photocopying,
blueprinting and
related services
120 Photofinishing
labotatones
121 Photofinishing
stores
122.Persaia1Sa
wTh Gioup
Insthrq (see
Chader IXArhch 24

MC MC MC MC MC MC MC MC
P' P" P"

MC MC MC P MC MC

MC MC MC MC MC
P'
MC
18 -43-
538
LAND uSES Rl R2-M[) R2-HD R3 AP
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES

PDR PDR PDR PDR- I&R- I&RM
CL CI C2 Cl-Sl TC' MG MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
including Studio and
Fitness uses)
124 Physicalfitness
facilities
125 Printing and
publishing
126 Reserved
127 Recycling and
collection facilities for
nonhazardous
materials
128 Research and
development
laboratories - Other
than cannabis andtor
marijuana testing
laboratories
'129 Restaurants
including Food
Halls-See
Establishments where
food or beverages are
served
130 Retail general-
Excluding antique
malls, pawn shops,
supermarkets,
grocery stores,
convenience stores,
and liquor stores
listed separately
131 Retail, incidental
sales to the main use
(su5lect to the
requirements oT
section 1 3-54(a),
incidental retail
sales)

MC P MC MC P P

MC MC MC MC MC MC
P'

MC MC MC MC
19 -44-
539
LAND uSES R'l R2-M[) R2-HD R3 AP
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES

PDR PDR PDR PDR- I&R- I&RM
CL CI C2 Cl-81 TC' MG MP - - - NCM' PDC' PDI' I&R' 81 LT

LD' MD' HD'
1 3a Rifle, pistol, and
firing ranges
134 Sexually-
oriented businesses
(subject to the
requirements of title
9, chapter IV and iitle
13, chapter IX,
sexuelly-orisnted
businesses)
135 Reserved
135a Smoking
lounge (subject to
chapter IX, article 19,
smoking and vaping
uses)
135b Smokingl
vaping retailer
(subject to chapter
IX, article 19,
smoking and vaping
uses)
136 Storage of
chemicals and allied
products (except as
incidental use)
137 Storage oT
explosives
138 Siotage of
fertilizer
S39 Storage of motor
vehicles - Outdoor
(not including
impound yard)
j 39a Storage ol
motor vehicles-
Indoor only (not
P" P"
C"
pi
MC MC
C'
P'
MC
20 -45-
540
LAND uSES Rl R2-MD R2-HD R3 AP
T ABLE 13-30

CITY OF COSTA MESA LAND USE MATRIX
ZONES
P[)R PDR PDR PDR- I&R- I&RM
CL Cl C2 Cl-81 TC' MG MP - - - NCM' PDC' PDI' I&R' 81 LT'

LD' MD' HD'
including impound
yard)
140 Storage of
petroleum and coal
products
141 Storage of rock,
sand, crushed
aggtegafe and gravel
142. Studio Fitness,
Small and Fitness
Studios etc (See
Chapter IX Article 24,
Group
Instruction/Setting
including Studio and
Fitness Uses)
143 Supemiatke)s-
See also Grocery
stores
143a Specialty stores
j44 Tattoo pailots
*45 Tire sales and
installation not within
200 feet of residential
zone
146 Tire sales and
installation within 200
feet ol residential
ZOne
147 Towcompanies
with or without
impound yard
148 Transfer station
for refuse, sewage
treatment
14C1 Ttucking local
and long distance
P'

MC MC MC MC MC
MC MC
P' P"

MC MC MC MC

MC MC MC
MC MC
MC
21 -46-
541
I&R-
LANDuSES Rl R2-Mn R2-HD R3 AP CL Cl C2 MG PDC' PDI' Sl P

LD' MD' HD'
150 Warehouses, . . . . . . C! C) C! , MC) MC} , , , , , MC} , , , , mini (subject to the
requirements of
chapter IX, article 7
mini- warehouses)
15'lWarehousesi PCCC PP
public
152Warehousingof P P P
durable and
nondutable goods
except livestock and
poultry-See also
Stotage
153 Wholesale trade
@I Inotor vehicles,
boats and
motorcycles with
outdoor storage of
vehicles
154 Wholesale trade
of motor vehicles,
boais and
motorcycles without
outdoor storage of
vehicles
155 Wholesale trade
of durable,
nondutable goods,
except livestock.
poultry and
perishable goods

MC MC P P P P P

MC MC P P P P P
Notes:
' Uses proposed in this zone are subject to vetffication of consisiency 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 io be compatible with the adopted master plan Residential uses shall not be permitied on any site OT parcel of land on which residential uses ate expressly prohibited by the general plan
2 This use is sublect to the requirements ol the refetenced Municipal Code article or section 22 -47-
542
If residential uses exist, accessory uses shall be permitted FOT the purposes of this table, the symbols in the non-shaded areas shall have the following meaning C-Conditional Use Permit, MC-Minor Conditional Use Permit, P-Permitted, -- Prohibited, and S-Special Use Permit
10 Six hundred li% fool separation required between sober living homes, or from stale licensed alcohol or drug abuse recovery or treatment facilities CMMC 13-31 j (a%1 0%i) Subject to the separation requirement set forih in sections 13-322(a)(3) and 13-323(b) Small boardinghouses shall locate at least 650 feet from any other small boardinghouse Large boardinghouses shall be located at least 1000 feet away from any other boardinghouse Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone Prohibited at the SoCo property, 3303 through 3323 Hyland Ave Emergency shelters located on sites owned, controlled, andlot 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), (TO) and (13) do not apply to such uses 11 Supportive housing, as defined in Govemment Code Section 65650, shall be permitted by-nght in all zones where multifamily and mixed uses are permitted by-tight, provided it is consistent with Govemment Code Sections 65650 - 65656
12 Pursuant to Govemmenl Code Section 65583(c%3), transitional and supportive Housing shall be considered a residential use of property and shall be subjecf only to those restnctions that apply to other residential dwellings of the same type in the same zoning district 13 Low bamet navigation centers shall be permitted by-tight provided they are consistent with the requirements in Govemment Code Sections 65660-65668 23 -48-
543

EXHIBIT C
Chapter V, Development Standards
Article 3, Commercial Districts
§ 13-44 Development Standards.

Table 13-44 identifies development standards for the various commercial zones. See also Article 9, General Site Improvement Standards of this chapter for additional requirements.

P AP CL C1-S TC
MinimumLotArea 6,000squarefeet 12,000squarefeet 5acres See fornewlycreated Mast
lots er
Plan
MinimumLotWidth 120feet 120feet None
for newly subdivided Note: All newly subdivided Note: All newly subdivided lots lots shall have frontage on a lots shall have frontage on a dedicated street equal to, or dedicated street equal to, or in excess of, the required in excess of, the required minimum lot width. minimum lot width.

Minimum Lot Width Interior Lot: 50 feet Corner Lot: 60 feet None 60 feet
MaximumFloorArea Referto
Ratio CHAPTER V, ARTICLE 8, FLOOR AREA RATIOS.

Maximum 2stories/30feetl2 None
Building/
Structure Height

SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum
distances given, unless otherwise noted. All setbacks from streets are measured from the ultimate property line shown on the master plan of highways.) Front 20 feet
Side (Interior)
Rear (Interior)
15 feet on one side and O feet on the other side. None Exception: If the side property line is adjacent to a residential zone, all buildings shall maintain a side setback from the residential property line of 2 times the building height at all locations.
0 feet None
Exception: If the rear property line is adjacent to a residential zone, all buildings shall maintain a rear setback from the residential property line of 2 times the building height at all locations.
-49-
544
Side or Rear
abutting a public
street
20 feet for secondary, primary or major streets per the master 20 plan of highways. 15 feet for all other streets. feet- see also
subsectio
ns 13-
45(f)
and (g).

PROJECTIONS (Maximum depth of projections given)
Roof or Eaves 2 feet 6 inches into required side setback. 5 feet into required None overhang; Awning front or rear setback.

Open, 2 feet 6 inches into required setback area. None unenclosed
Stairways.

PARKING (See CHAPTER Vl)
LANDSCAPING (See CHAPTER Vll)

1. A 5% increase is allowed if necessary to screen existing roof- mounted equipment

2. A height deviation of up to 12 feet, or 40 percent of the maximum allowable height, whichever is less, may be approved through the minor conditional use permit process. In addition to the findings required by Sections 13-29(e) and 13-29(g%2), the review authority shall find that the proposed height is (a) compatible with the existing and anticipated development in the vicinity; (b) enhances the architecture and design of the development; and (c) would not be materially detrimental to surrounding properties or uses and would not adversely affect the public health, safety, or welfare.

Add the following to Section 13-45 Additional property development standards for commercial districts.
(h) Noise Regulations. All operations shall conform to Chapter Xlll Noise Control of this Title. The operator must limit noise generated from the use to the greatest extent feasible. Any noise complaints generated from this use must be addressed by the owner/operator.
-50-
545

EXHIBIT D
Chapter V, Article 4
Establishments Where Food or Beverages are Served § 13-46. Purpose.

The purpose of this article is to regulate and provide development standards for establishments where food or beverages are served. The proximity of residential uses to these types of establishments is a concern of this article. Where the distance criterion of 200 feet from residentially-zoned property is given in this article, it shall be measured from the property line of the site to the property line of the nearest residentially-zoned property. This article also establishes requirements for outdoor dining areas to support long-term economic viability of local establishments, promote vitality in the city's commercial areas, promote progress towards creating walkable communities by facilitating pedestrian- friendly and safe public spaces, and facilitate and incentivize enhanced city dining experiences.
(Ord. No. 97-1 I § 2, 5-5-97; Ord. No. 2024-01, 1/16/2024) § 13-47. Permitted and conditionally permitted uses.

Establishments where food or beverages are served are subject to the review and approval procedures shown in Table 13-47 (a) and (b). In instances where more than one review procedure is applicable to an establishment, the more stringent procedure shall apply.

TABLE 43-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL
CHARACTERISTICS Cl-S CI C2 CL TC PD MG MP
Establishments with 300
square feet or less of indoor
public area.3
Establishments with more
than 300 square feet of
indoor public area.3

EXCEPTIONS
P1,2 or P
P
PI or P P
P MC PI or P P1 or P P P
P MC p1 or P Pi or P MC MC
Located within 200 feet of a
residential zone. (Subject to
the requirements of section
13-49, Development
Standards for section 13-49,
Development Standards for
Establishments Within 200
Feet of Residentially Zoned
Property)3
P1 or P P P MC PI or P P1 or P P P
-51-
546
TABLE 13-47(a)
PERMITTED AND CONDITIONALLY PERMITTED uSES

LOCATION AND

OPERATIONAL
CHARACTERISTICS CI -S C1 C2 CL PD MG MP
Sale of alcoholic
beverages for on-site
consumption after
11 :OO
p.m. and/or provision of
live entertainment or
dancing located within
200 feet of a residential
zone.a
P' or
c
C C C PI or C P' or C C C
Sale of alcoholic
beverages for on-site
consumption after
11 :OO
p.m. and/or provision of
live entertainment or
dancing located not
within 200 feet of a
residential zone.3
Drive-through
operations. (Subject to
the requirements of
section 13-50,
Development Standards
for Drive-Through
Operations)3
Establishments with
less than 300 square
feet of indoor public
area located in a multi-
tenant center where
30% or more of the
tenants are similar
businesses, i.e.,
establishments with
less than 300 square
feet of indoor public
area.a
Establishments with a
micro brewery3
Commercial Kitchens
pi or MC MC MC p1 or ,=+r or MC MC

MC MC MC
p1 or MC MC MC pi or
MC MC
PI or
MC
MC MC
p1 or MC MC MC p1 or
MC MC
PI or
MC
MC MC
P' or
c
C C C P' or C PI or C C C
PPP
-52-
547
TABLE 13-47(a)

PERMITTED AND CONDITIONALLY PERMITTED USES

LOCATION AND

OPERATIONAL
CHARACTERISTICS C1 -S C1 C2 CL PD MG MP
Ghost Kitchen (Subject
to the requirements of
section 13-52,
Development Standards
for Ghost Kitchens)

MC P PPP
Notes:

Pursuant to an approved master plan which specifies these operational characteristics and/or location of the business.

For the purposes of this table, the symbols shall have the following meaning:

P=Permitted; MC=Minor Conditional Use Permit; C=Conditional Use Permit.

Outdoor dining and seating areas may be considered as part of a proposed land use if allowed in the zoning district, and pursuant to the provisions, regulations and standards of this Article.
-53-
548
TABLE 13-47 (b)
OUTDOOR DINING AREA PERMITTING PROCESS"

LOCATION OF OUTDOOR AREAS AND OPERATIONAL

CHARACTERISTICS
Approval
Process
Courtyard Area
Setback Area - Expansion of up to 50% of indoor public area outdoors.' Setback Area - Expansion of more than 50% of indoor public area outdoors.l
MC"
Parking Area - Expansion of up to 50% of indoor public area outdoors and does not remove more than five parking spaces or 25% of existing, required parking, whichever is less.l
p2
Parking Area - Expansion of more than 50% of indoor public area outdoors."
MC"
Parking Area - removal of more than five parking spaces, or removal of more than 25% of existing, required parking, whichever is less.l MC'
Notes
Temporary Use Permits for outdoor dining areas, including parklets within the public right- of-way, approved through Urgency Ordinance 2020-15 may continue to operate with staff approval; however, shall comply with applicable Building and Fire Code requirements, may not interfere with minimum required site access or circulation, and shall comply with the aesthetic development standards outlined in section 13-48 within six months from the time of ordinance adoption, with an allowed six-month extension of time. Outdoor dining areas approved under a temporary use permit shall also be subject to applicable fees. Any modifications to these outdoor dining areas shall be approved pursuant to this article.

For the purposes of this table, the symbols shall have the following meaning: P=Permitted; MC=Minor Conditional Use Permit.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 2024-01, 1/16/2024) Add the following new Section to Article 4, Establishments where Food or Beverages are Served:
§ 13-52. Operational standards for ghost kitchen operations.

Establishments with ghost kitchen operations shall comply with the following operational standards in addition to the development standards included in this Chapter, unless the standards are modified through the issuance of a minor conditional use permit. -54-
549
(a) The customer area shall be limited to pick-up lobby only, no dine-in seating is allowed.
(b) Applicant shall provide a delivery/couriers management plan and shall submit it to the Planning Department For review and approval by the Community Development Director or their designee. The Plan shall include but not be limited to:
(1) Queuing. Queuing into drive aisles or public ROW is strictly prohibited.

Should queuing be an issue the applicanUoperators shall develop a solution that elevates the issue and shall be reviewed and approved by the Community Development Director or their designee.
(2) Loading Zone. Designated Pick-up/loading spaces shall be provided. (3) Hours of operation.
(4) Operators. The plan shall identify the total number of operators and/or businesses in the facility.
(c) Should parking issues arise the owner and/or operator shall work with the City to resolve the issues which may include but shall not be limited too runners to deliver meals to waiting drivers/customers, parking attendants, and valet services. (d) Establishments within 200 feet of residentially-zoned property shall also be subject to the development standards contained in section 13-49, Development standards For establishments within 200 Feet or residentially-zoned property. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00; Ord. No. 2024-01, 1/16/ 2024)
-55-
550

EXHIBIT E
Chapter VI Off-Street Parking Standards, Article 2 Non-Residential Districts
§ 13-88. Purpose.

The purpose of this article is to establish parking requirements for all nonresidential zones, nonresidential components of the planned development residential zones and to mixed-use developments in all zones.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-89. Parking required.

The minimum amount of off-street parking as established in Table 13-89 shall be provided at the time:
(a) Any building and/or structure is constructed;
(b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats;
(c) A specific use is proposed for a building site; or (d) An existing use is changed to one which requires additional parking.

At all times, with the exception of the provisions of section 13-98, Declaration of land use restriction, parking shall be provided according to the requirements of Table 13-89.

USE
Retail; offices; central administrative offices; 4 spaces per 1,000 square feet individual counseling; group counseling; artisan
studio and retail commercial; small fitness studios; establishments where food or beverages are served
with a maximum of 300 square feet of public area' Office buildings exceeding 2 stories in height and 3 spaces per 1,000 square feet 100,000 square feet in area
Banks; savings and loans; credit unions 5 spaces per 1,000 square feet with a minimum of 6 spaces
6 spaces per 1,000 square feetMedical and dental offices; acupressure; massage; personal services (non-group instruction/setting)
Furniture and appliance stores with floor area
greater than 5,000 square feet
Churches; theaters; mortuaries; auditoriums;
services and fraternal clubs and lodges;
amphitheaters event center, event venue, banquet
facilities, assembly halls, and E-Sports arena, and other similar places of assembly
Racquetball and tennis facilities
2 spaces per 1,000 square feet with a minimum
of 20 spaces
Within the main auditorium or assembly area: 1
space for each 3 fixed seats or 1 space for every 35 square feet of seating area if there are no
fixed seats. 18 lineal inches of bench shall be
considered equal to 1 fixed seat.
3 spaces per court plus parking required for
incidental uses such as restaurants which shall
be calculated as noted below
-56-
551
TABLE13-89
NON-RESIDENTIAL PARKING 8TANDARDS
USE
Establishments where food or beverages are
served with more than 300 square feet of
public area' 4
Health clubs; Fitness studios and physical
fitness facilities; skating rinks; active
entertainment

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
10 spaces per 1,000 square feet for the first 3,000 square feet;2
12 spaces per 1,000 square feet for each additiona 1,000 square feet above the first 3,000 square feet.2 Parking requirement is 10 spaces per 1,000 square feet (unless otherwise listed in this table).

Accessory food or beverage service parking requirements shall be 4 spaces per 1,000 square feet.

Total parking requirement shall be the sum of all uses combined, but the provisions of section 13-89.5 may be applied.

Bowling alleys
Trade schools; business colleges; dancing
and music academies
3 spaces per lane plus parking required for incidental uses such as restaurants which shall be calculated as noted under "Establishments where food or beverages 10 spaces per I,000 square feet
Motels
Main structure or group of abutting structures
1 space for each rentable unit without cooking
facilities. Each rentable unit with cooking facilities shall be governed residential a standards
1 space for each 2 rentable units plus 10 spaces per 1,000 square feet for the first 3,000 square feet, and 20 spaces per 1,000 square feet for each additional 1,000 square feet above the first 3,000 square feet for restaurant, ba uet, a room and kitchen
fire department; 1 parking space for each 2 persons for every 101 to 300 persons as authorized by capacity
signs posted; I parking space for each 3 persons for every 301 plus persons as authorized by capacity
Retail
Establishments where food or beverages are
served occupying 5% or less of the total
contiguous gross leasable area
5 spaces per I,000 square feet of gross leasable area 1 space per 1,000 square feet of gross leasable area -57-
552
Establishments where food or beverages are
served in excess of 5% of the total contiguous
gross leasable area
Office Space occupying 1 0% or less of the
total contiguous gross leasable area
Office Space in excess of 1 0% of the total
contiguous gross leasable area
Theaters (cumulative)
5 spaces per 1,000 square feet of gross leasable area None
4 spaces per I,000 square feet of gross leasable area 750 seats and less
More than 750 seats
Uses within freestanding structures
5 spaces per I,000 square feet of gross leasable area 5 spaces per 1000 square feet of gross leasable area plus 3 spaces for each additional 100 seats
Establishmentswherefoodorbeveragesare lOspacesper1,000squarefeetofgrossleasablearea served
-58-
553
TABLE13-89
USE

NON-RESIDENTIAL PARKING STANDARDS

PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
All others Pursuant to this table
Mixed use developments
Industrial
Garden centers; plant nurseries
Smoking lounges
Notes:

When there are mixed uses within a single development which share the same parking facilities, the total requirement for parking should be determined as
outlined in "City of Costa Mesa Procedure for
Determining Shared Parking Requirements" which are included herein by this reference and which may be amended from time to time by resolution of the city council. A greater reduction in parking than would be allowed under this procedure may be approved by
minor conditional use permit where it can be
demonstrated that less parking is needed due to the hours of operation or other unusual features of the users involved.

For mixed-use developments located in the mixed-use overlay zone, refer to the applicable urban plan for parking rates.
3 parking spaces shall be provided per 1,000 square feet of gross floor area for the first 25,000 square feet of building; 2 parking spaces shall be provided per 1,000 square feet of gross floor area between 25,000 and 50,000 square feet of building; and one and one- half parking spaces shall be provided per 1000 square feet of gross floor area over 50,001 square feet of building.
4 spaces per 1,000 square feet of gross floor area; and 2 spaces per 1,000 square feet of outdoor display area. 17 spaces per 1000 square feet
1 Establishments limited to seating for 12 or fewer persons prior to June 4, 1997, shall remain at that seating limit unless additional parking is provided pursuant to this Zoning Code. 2 The outdoor patio seating area(s) shall not be included in the floor area calculations for purposes of determining the required parking.
3 The final review authority may apply a maximum credit of one parking space due to the provision of bicycle racks. This credit shall only apply to the overall parking supply and not to multiple uses. 4 When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed 30 spaces per I,000 square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses. 5 The square footage of electrical and mechanical equipment and the surrounding three feet for clearance shall be excluded from the calculation of gross floor area for the purpose of determining parking requirements.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 16, 3-2-98; Ord. No. 02-4, § 1j, 3- 18-02; Ord. No. 06-9, § Ig., 4-18-06; Ord. No. 12-4, § 1, 5-15-12; Ord. No. 15-10, -59-
554
§ 2C, 9-15-15; Ord. No. 21-20, § 1, 12-7-21; Ord. No. 2024-01 1/16/2024; Ord. 2025-07, 10/21/2025)
§ 13-89.5. Reduction in parking requirements.

Where it can be shown that the required parking for a nonresidential land use wilt substantially exceed the demand of the actual use, the zoning administrator may, by minor conditional use permit, allow a reduction in the amount of required parking. The zoning administrator may place the following conditions on the approval or the minor conditional use permit:
(a) Allow such excess parking to be provided as landscaping, plazas, courtyards, or similar open space feature.
(b) Require recordation or a land use restriction that restricts the future use of the property to ensure adequate parking availability. (Ord. No. 99-15, § 2, 11-16-99)
§ 13-90. Parking for uses not specified.

The parking requirements for the uses not specified in Table 13-89 shall be determined by the planning division. The determination shall be based upon the requirements for the most comparable use specified in this chapter or other appropriate sources including but not limited to a parking study. (Ord. No. 97-11, § 2, 5-5-97)
§ 13-91. General development standards.

General development standards for parking areas applicable to the nonresidential zones are contained in Article 3, Development Standards, of this chapter.
(Ord. No. 97-11, § 2, 5-5-97)
-60-
555

EXHIBIT F
CHAPTER Vl, OFF-STREET PARKING STANDARDS
Article 3 Development Standards
Add the following Section to Article 3:
13-100. 10 Electric Vehicle Charging Stations
(a) Purpose.

The purpose of this chapter is to comply with Government Code Section 65850.7 and to promote and encourage the use of electric charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.
(b) Regulations.
(1) Accessory Use. An electric vehicle charging station (EVCS) for public or private use shall be permitted as an accessory use within any existing legal single-family or multiple-family residential garage or carport, or within any existing legal commercial parking space in a parking lot or in a parking garage, subject to the development standards listed in subsection (c) below. (2) Primary Use. An electric vehicle charging station (EVCS) as a primary use shall be permitted in non-residential and mixed use zones, pursuant to the Mesa Land Use Matric Chapter IV, Table 13-30 and shall comply with all standards applicable to the underlying zone and the development standards listed in subsection (c) below. (c) Development Standards:

All EVCS shall:
(1 ) Be protected as necessary to prevent damage by automobiles; (2) Be designed to minimize potential damage by vandalism and to be safe for use in inclement weather;
(3) Include complete instructions and appropriate warnings concerning the use of the EVCS, which shall be posted on a sign in a prominent location on or near each station for use by the operator;
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(4) Be maintained in good working order. Damaged or broken EV chargers or related infrastructure shall be repaired within 48 hours;
(5) Be located in a manner which will be easily seen by the public for informational and security purposes, when available for public use; (6) Be located so as not to obstruct required parking areas, drive aisles, pedestrian walkways, accessible paths of travel, emergency access, or required visibility areas; and
(7)Comply with all applicable building, electrical, fire, accessibility, parking, circulation, and zoning requirements.
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EXHIBIT G
Chapter IX Special Land Use Regulations
The following newArticles are added to Chapter IX, Special land Use Regulations:

Article 24 - Group Instruction/Setting including Studio and Fitness Uses. 13-200.210 Purpose: The purpose ofArticle is to establish operational and development standards for uses with group instruction, group setting for Studios and Fitness uses to ensure compatibility with surrounding commercial uses. 13-200.2'l1 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.212 0perational and Development Standards.
(a) Parking. Parking requirements shall be provided pursuant to Chapter Vl, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non- Residential Parking Standards.
(b) Indoor Operations. All activities shall occur entirely within an enclosed building.

Outdoor activities shall require approval of a Minor Conditional Use Permit per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13- 44 of this title.
(c) Small Fitness Studios may be up to 5,000 square feet in gross floor area. (d) Fitness Studios shall be less than 15,000 square feet in gross floor area.

Facilities larger than 15,000 square feet of gross floor area are classified as Physical Fitness Facilities.
(e) Noise. Whenever amplified music, instruction, or sound is utilized, all exterior doors and windows shall remain closed.
(f) A minimum of 15 minutes shall be provided between each group instruction or class.

Article 25 - Event Centers.
13-200.215 Purpose and Intent. The purpose of this Article is to establish operational and development standards for Event Centers and similar assembly uses, including banquet facilities, assembly halls, conference facilities, and arenas, in order to ensure compatibility with surrounding uses.
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13-200.216 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land use Matrix.
13-200.217 0perational and Development Standards.
(a) Parking. Parking requirements shall be provided pursuant to Chapter Vl, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non- Residential Parking Standards.
(b) Occupancy. Occupancy shall not exceed the maximum occupant load approved by the Building Official and Fire Authority, or any occupancy limitation imposed through a planning entitlement.
(c) Noise. Amplified music, outdoor speakers, and public address systems shall comply with the City's Noise Ordinance. Outdoor amplified sound shall cease by 11 :OO p.m., unless otherwise authorized through a Conditional Use Permit. A Noise study may be required to evaluate impacts on adjacent properties. (d) Operation Plan. Operator shall provide a detailed Operations Plan as part of the application package which shall include, at a minimum, the following:

1. Description of Operations. A description of the proposed use, including the types of events to be conducted, maximum occupancy, seating capacity, frequency of events, and anticipated hours of operation.

2. Site Management. Identification of on-site management personnel responsible for facility operations during events, including contact information for an on-site manager or responsible party.

3. Parking and Circulation. A description of parking management practices, valet operations (if applicable), rideshare pick-up and drop-off locations, employee parking locations, loading and unloading activities, and measures to prevent vehicle congestion on adjacent streets.

4. Noise Management. Identification of any amplified sound, entertainment, public address systems, or outdoor activities and measures to ensure compliance with the City's Noise Ordinance.

5. Security and Crowd Management. Procedures For crowd control including procedures for event dismissal and dispersal of attendees, event monitoring, security staffing, and coordination with public safety agencies, as appropriate.

6. Alcohol Service. A description of alcohol management practices, type of Alcohol Beverage Control license, including proof of compliance with all applicable Alcoholic Beverage Control regulations.
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7. Loading and Deliveries. A description of delivery schedules, vendor access, equipment loading and unloading activities, and designated service areas.

8. Trash and Maintenance. Procedures for refuse collection, litter control, site maintenance, and post-event cleanup.

9. Modification of Operations. The Director may require modifications to an approved Operations Plan when necessary to address documented operational impacts, ensure compliance with conditions of approval, or maintain compatibility with surrounding properties. (e) Excluded Uses. Event Centers do not include:

1. Restaurants, bars, or nightclubs where food and beverage service is the primary use, and
i. Private events do not occur regularly and are accessory and subordinate to the permitted restaurants, bars, or nightclub use; and
ii. The tenant space does not have space dedicated for private events.

2. Indoor commercial fitness or sports training facilities;

3. Churches or other places of religious assembly regulated under Article

4. 5 (Development Standards for Churches and Other Places of Religious Assembly);

4. Civic and Community clubs or other private social clubs regulated elsewhere in this Title;

5. E-sports gaming lounges and participant-oriented electronic gaming facilities regulated as Active Entertainment uses; or

6. Schools or educational institutions.

Article 26 - Active Entertainment and Amusement Center

13.200.220 Purpose and Intent. The purpose of the Article is to establish operational and development standards for Active Entertainment and Amusement Center uses and to ensure compatibility with surrounding properties. 13-200.221 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.222 0perational and Development Standards.
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(a) Indoor Operations. Active Entertainment and Amusement Center uses shall be conducted entirely within an enclosed building. Active Entertainment uses shall be limited to a maximum gross square footage of 15,000 sf. Uses larger than 15,000 gross square feet are classified as Amusement Centers. For uses that proposes outdoor uses (uses not underroof) a Minor Conditional Use Permit is required per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13-44 of this title.
(b) Parking. Parking requirements shall be provided pursuant to Chapter Vl, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non-Residential Parking Standards.
(c) Noise. All activities, including amplified sound, public address systems, gaming equipment, and entertainment devices, shall comply with the City's Noise Ordinance. Sound generated by the use shall not create a nuisance on adjacent properties. Should an issue arise from noise the operator shall work with the City and implement best practice to eliminate the issue. (d) Occupancy. The use shall not exceed the maximum occupant load established by the Building Official and Fire Authority.
(e) Food and Beverage. Accessory food and beverage service may be permitted, subject to Chapter V, Article 4 (Establishments Where Food or Beverages Are Served).
(f) Queuing and Circulation. The use shall be designed and operated so that customer queues, waiting areas, and patron gatherings do not obstruct pedestrian walkways, building entrances, drive aisles, parking spaces, or required accessible routes.
(g) Excluded Uses. Active Entertainment and Amusement Center uses shall not include spectator-oriented assembly uses, event centers, concert venues, e- sports arenas, or other assembly uses where viewing or attendance is the primary activity. Such uses shall be regulated as Event Centers and Assembly Uses.

Article 27 - Artisan Studio

13.200.225 Purpose and Intent. The purpose of this Article is to establish development and operational standards for Artisan Studio retail uses that also support onsite opportunities for small-scale creative production, fabrication, repair, while ensuring compatibility with surrounding commercial uses and distinguishing Artisan Studio uses from manufacturing and industrial operations.
13-200.226 Permits required. The required permit is identified in Chapter IV, Table 13- 30, City of Costa Mesa Land Use Matrix.
13-200.227 0perational and Development Standards.
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(a) Indoor Operations. All production, fabrication, assembly, repair, and retail activities shall occur entirely within an enclosed building. For studios that propose outdoor uses (uses not underroof) a Minor Conditional Use Permit is required per Chapter V, Development Standards, Article 3, Commercial Districts, Section 13-44 of this title.
(b) Parking. Parking requirements shall be provided pursuant to Chapter Vl, Off- Street Parking Standards, Article 2, Non-Residential Districts, Table 13-89, Non-Residential Parking Standards
(c) Customer-Oriented Component. The use shall maintain a customer-facing component, which may include retail sales, display areas, demonstrations, workshops, classes, or other public interaction associated with the artisan production activities.
(d) Classes, Workshops, or Group Instruction. For uses that propose classes, workshops, or group instruction the Following shall apply:

1. ParkingrequirementsshallbeprovidedperTable13-89,Non-Residential Parking Standards.

2. Whenever amplified music or sound is played, all exterior doors and windows shall remain closed.

3. A minimum of 15 minutes shall be provided between each class, workshop or group instruction.
(e) Production Scale. The use shall be limited to small-scale production activities involving handcrafted, custom, artistic, specialty, or limited-production goods that are sold onsite. Uses involving assembly-line production, mass manufacturing, bulk processing, or large-scale industrial operations are prohibited.
(f) Permitted Equipment. Equipment and machinery customarily associated with artisan production, fabrication, repair, design, and creative activities may be utilized provided such equipment complies with all applicable building, fire, and noise regulations.
(g) Compatibility with Commercial Areas. Operations shall not create noise, vibration, dust, smoke, glare, fumes, odors, electrical interference, hazardous conditions, or other impacts beyond the property boundaries. (h) Screening. All exterior mechanical equipment, and/or roof mounted equipment, shall be screened from view from public right-of-way and adjacent properties. (i) Materials and Storage. All materials, supplies, products, and equipment shall be stored within an enclosed building. Outdoor storage of raw materials, products, equipment, or waste materials is prohibited. The use shall not involve -67-
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the storage or use of hazardous materials in quantities exceeding those permitted by the California Fire Code or other applicable regulations. (j) Food Production. Food preparation, food manufacturing, ghost kitchens, commercial kitchens, catering kitchens, or other food-related production uses shall not be considered Artisan Studio and shall be regulated separately. -68-
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PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: June 22, 2026 ITEM NUMBER: PH-3 SUBJECT: PROPOSED AMENDMENTS TO TITLE 13 (PLANNING, ZONING

AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE

TO UPDATE LAND USE CLASSIFICATIONS FOR VARIOUS NON -

RESIDENTIAL USES INCLUDE BUT NOT LIMITED TO, PERSONAL

SERVICES, ARTISAN STUDIO AND RETAIL USES, ACTIVE

ENTERTAINMENT USES, EVENT CENTERS AND ASSEMBLY USES,

SPECIALIZED FITNESS STUDIOS, AND OTHER NON-RESIDENTIAL
USES AND STANDARDS– PCTY-26-0001
FROM: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: AMBER GREGG, CONTRACT PLANNER, AND

MARTINA C ARON, PLANNING MANAGER

FOR FURTHER

INFORMATION
CONTACT:

MARTINA CARON
[email protected]
R

ECOMMENDATION
S
taff recommends the Planning Commission:

1. Fi
nd that the proposed Zoning Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15305; and

2. A
dopt a Resolution Recommending that the City Council approve amendments to Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code related to commercial land use classifications, emerging commercial uses, development standards, and implementation of Floor Area Ratio regulations.

A

PPLICANT OR AUTHORIZED AGENT
Cit
y-Initiated request.
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ATTACHMENT 5
564

BACKGROUND

The Zoning Code (Title 13 of the Costa Mesa Municipal Code ) serves as the primary regulatory framework governing land use and development throughout the City. A clear and modern Zoning Code supports economic development by providing certainty for property owners, tenants, and investors while ensuring that new development remains consistent with the City's General Plan and community objectives.

While the Zoning Code has been periodically updated, the overall structure of the Citywide Land Use Matrix has remained largely unchanged since its adoption in 1997.

Since that time, commercial business models, consumer preferences, and tenant demands have evolved significantly. New business types, including wellness -oriented services, specialized fitness facilities, active entertainment venues, artisan production spaces, food halls, ghost kitchens, commercial kitchens, and e -sports-related uses are increasingly common but are not clearly addressed within the City's existing regulatory framework.

As a result, applicants frequently seek clarification regarding land use classifications, parking requirements, and entitlement procedures. In many instances, businesses must be evaluated through use determinations or discretionary approvals because they are not specifically identified within the Zoning Code. This creates uncertainty for applicants, increases processing time, and can discourage reinvestment in commercial properties.

On April 13, 2026, the Planning Commission conducted a study session to review potential amendments intended to modernize the City's land use framework and address several recurring implementation issues. The Planning Commission was generally supportive of the proposed Zoning Code Amendments and expressed appreciation for the effort to modernize regulations. Commissioners discussed several implementation considerations, including potential traffic and circulation impacts associated with ghost kitchens, operational considerations for small fitness studios, and the importance of maintaining parking requirements that reflect current Institute of Transportation Engineers (ITE) data. Additional comments included support for adding new land use categories such as escape rooms, climbing gyms, and trampoline parks.

The Commission also discussed Microenterprise Home Kitchen Operations (MEHKOs), noting that while the County currently administers the program, cities have the option to regulate MEHKOs directly if they establish and conduct the necessary health inspection and enforcement framework.

Other topics raised included the potential future need to address autonomous vehicle dispatch and repair operations, ensuring EV charging infrastructure is properly maintained, conducting outreach with commercial property owners, and monitoring emerging retail and commercial trends for future code updates. No public comments were received.
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A link to the April 13, 2026, Planning Commission Agenda Report is provided below; the minutes are provided under Attachment 3.

April 13, 2026, Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7976488&GUID=694B0C33- AB5F-4F28-8F1C-4E67CB6704A9&Options=&Search=

PROJECT DESCRIPTION

Staff is proposing eleven targeted Zoning Code updates intended to modernize land use classifications and development standards and improve regulatory clarity. These updates are also intended to support the City’s economic development goals by facilitating reinvestment in commercial properties, reducing uncertainty in the entitlement process, and better accommodating evolving business models. The proposed amendments are intentionally narrow in scope and focus on a limited set of high-priority and commonly occurring issues . Although there are additional Code topics that may merit future evaluation, the current effort is designed to advance a manageable package of amendments that can be effectively studied and implemented within existing staffing capacity and current departm ental work program constraints. See a summary of the proposed amendments below:

Table 1. Summary of Proposed Zoning Code Updates

PROPOSED UPDATES TO LAND USE MATRIX
TOPIC DESCRIPTION Current
Process
Proposed
Process

1. Personal
Services
Establishes a broader Personal Services category for one -on-one customer-serving grooming, wellness, and similar uses that are currently regulated separately or not clearly identified. Adds regulations for group instruction for setting. New definition and special land use regulations proposed.

CUP* if not
expressly
called out
Permitted
by right

2. Artisan Studio Consolidates small -scale creative production, artist spaces, and related accessory retail uses into one category. Provides a clearer framework for hybrid businesses that produce and sell goods on - site. New definition and special land use regulations proposed.

CUP if not
expressly
called out
Permitted
by right

3. Active
Entertainment
New category for indoor, participant-based entertainment uses of 15,000 square feet or less, where customers actively engage in recreation or gaming activities. Uses would be allowed by right in Commercial zones and require MCUP in MG and MP Industrial zones. Examples include escape rooms, virtual reality venues, and similar uses. Parking requirements and definition added. Uses larger than 15,000 square feet would fall under Amusement Centers and would require a CUP. New definition and special land use regulations proposed.

CUP if not
expressly
called out
Permitted
by right;
MCUP*
Industrial
Zones;
and CUP
>15,000
sf
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PROPOSED UPDATES TO LAND USE MATRIX
TOPIC DESCRIPTION Current
Process
Proposed
Process

4. Event Centers
and Assembly
Uses
Consolidates banquet halls, assembly halls, reception venues, conference facilities, and spectator-oriented e-sports arenas into a single classification of event center. This update distinguishes assembly uses from active entertainment and applies consiste nt operating standards. New definition and special land use regulations proposed.

CUP CUP
Clarifies
Standard

5. Small Fitness
Studios
Establishes a category for smaller instructional fitness uses, generally 15,000 square feet or less, such as yoga, Pilates, martial arts, dance, and similar studios. This would distinguish these uses from larger fitness clubs and health clubs that operate at a greater scale and intensity
and are regulated under existing “Physical
Fitness Facility” uses . Parking requirements , n ew definition , and special land use regulations proposed.

CUP if not
expressly
called out
Permitted
by right

6. (a) Food Halls Defines food halls as a specifically identified restaurant -related use to clarify how multi -vendor dining spaces are classified and reviewed. Food Halls are regulated under existing standards.

Limited
Definition
Clarifies
Standard

6. (b) Ghost
Kitchens
Defines and add s ghost kitchens to the Food And Beverage Section of the Zoning Code as a specifically identified restaurant - related use to clarify how multi -vendor dining spaces are classified and reviewed. Parking requirements, new definition and special land use regulations proposed.

CUP if not
expressly
called out
Ghost
Kitchen
Permitted
or MCUP*

7. Electric
Vehicle
Charging
Establishes electric vehicle charging stations as a permitted use, consistent with State law. New definition and development standards proposed.

Silent Permitted
by right

8. Sports Clubs Clarifies that indoor sports clubs, such as basketball, pickleball, volleyball, and soccer training facilities, are regulated under the existing “ Physical Fitness Facility” uses. These uses require a Conditional Use Permit consistent with the existing framework for larger fitness and recreation facilities. New definition proposed.

CUP Clarifies
Standard

9. Commercial
Kitchens
Establishes land use classification for commercial kitchens, including catering kitchens, shared kitchens, and similar food preparation facilities without traditional on -site dining. Provide s a clearer framework for evaluating newer food service business models. Parking requirements and a new definition proposed.

CUP if not
expressly
called out
Permitted
by right in
Industrial
Zones

10. Height
Deviation
Allows limited height deviations for commercial development through Minor Conditional Use Permit review to accommodate architectural features and functional rooftop elements. The amendment is intended to provide flexibility for building modernization while maintaining compatibility with surrounding development. Revised development standards proposed.

Variance Up to 12
ft or 40%
increase
with
MCUP

11. Floor Area
Ratio
Definition
Clarifies how “Gross Floor Area” is measured for non -residential FAR implementation by identifying which building areas are included and excluded from the calculation. The amendment is intended to improve consistency and better align FAR with occupiable area and site intensity. Revised definitions proposed.

Limited
Definition
Clarifies
Standard
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Land Use Matrix Updates

Nine amendments are proposed to consolidate specific uses into general categories, add specified uses, and clarify existing uses. The proposed amendments would modernize several land use categories to reflect emerging commercial trends. The following provides additional detail on the consolidation of specific uses into general categories.

1. Personal Services and Personal Services, Group

The Zoning Code currently contains several individual uses such as barber shops, massage establishments, and laundry services that function similarly but are regulated separately. These individual uses make it difficult to consistently classify similar businesses, make it challenging to determine other uses as “similar” when not explicitly permitted, and often require staff to interpret how new or hybrid service models fit within outdated or narrowly defined categories. For example, the Code specifically permits barber shops but is silent on beauty salons and nail salons.

The proposed amendment establishes a comprehensive Personal Services category encompassing personal care, grooming, and wellness -related services provided directly to customers. These individual uses would be combined into one similar “Personal Services” category for regulation purposes. Examples include:

• Barber and beauty salons
• Nail salons
• Day spas
• Wellness centers offering services such as cryotherapy or infrared therapy • Massage establishments (subject to existing regulations) • Tattoo and body art establishments (subject to CUP requirements)

Personal Service s are permitted by right, and services offering group services or instruction have additional operational regulations th at must comply with under Special Land Use Regulations (See Exhibit G of the Resolution). This change improves clarity and aligns the Zoning Code with the regulatory framework while maintaining City standards.

2. Artisan Studio

Several creative and production -related uses are currently listed separately in the Zoning Code. Regulating these uses as separate categories can create complexity and make it difficult to consistently classify businesses that combine elements of production, design, and retail. In recent years , more artisan businesses are emerging to fill once vacant brick and mortar spaces. These businesses often operate as hybrid -5-
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spaces, for example, an artisan may produce goods on-site while also selling them directly to customers (i.e. a ceramicist, artist, or other small -scale production). Under the current structure, these types of uses may not fit squarely into a single category, requiring staff interpretation or additional entitlement review.

The proposed amendment consolidates these uses into a new “ Artisan Studio ” category that allows small -scale creative production with accessory retail sales to be permitted by right. Examples include:

• Artist and maker studios
• Custom woodworking
• Photography studios
• Recording studios
• Small-scale craft production

Consolidating these uses into a single category improves clarity and provides greater flexibility for evolving business models by regulating them based on shared operational characteristics rather than narrowly defined activities. For example, a furniture maker who designs, builds, and sells products on -site would be clearly permitted within this category, rather than being split between manufacturing and retail classifications or requiring a use determination.

This new category supports creative industries and aligns with trends in adaptive reuse of commercial spaces. For commercial zones, it does not permit more intense industrial uses such as automotive uses or food manufacturing.

Staff did examine if this category of uses could fit under Personal Services. However, while “Personal Services” involve services performed directly on or for a customer (such as grooming, wellness treatments, or body care), Artisan Studio uses are centered on the creation, fabrication, or production of goods, with accessory retail sales. These uses may involve equipment, materials, and operational characteristics more similar to light production or workshop environments than customer -focused service activities.

Maintaining a separate classification ensures that these uses can be appropriately regulated based on their operational impacts, including potential noise, equipment, or workspace needs, while also enabling them to establish in commercial areas.

3. Active Entertainment

“Active Entertainment” refers to indoor uses that provide interactive, participant-based recreation where customers are actively engaged in an activity , rather than observing or receiving a service. For example, a n escape room or virtual reality gaming venue where customers rotate through timed sessions would be an Active Entertainment uses.

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The existing Zoning Code identifies entertainment uses individually, including bowling centers, billiard parlors, and skating rinks , while imposing the same development standards for the uses, for example parking requirements are 10 spaces per 1,000 sf.

St
aff proposes establishing a broader “ Active Entertainment ” category that would consolidate these listed uses and capture other interactive and participant -based indoor recreation uses. The proposed amendments establish special land use regulations for the uses and permit them by right i f they are less than 15,000 square feet in size (see Exhibit G for details). Examples include:
• E
scape rooms
• Virtual reality gaming venues
• Sports simulators
• Interactive arcades
• E-sports gaming lounges
F
or similar uses that are 15,000 square feet or larger, staff proposes classifying them separately as an “Amusement Center” and requiring a Conditional Use Permit (CUP).

The reason for this is as the scale of the facility increases, the potential for negative land use impacts to surrounding uses also increases. Larger facilities often attract a regional customer base, accommodate greater numbers of patrons, generate higher parking demand, create increased vehicle trips, and may result in greater noise, crowd management, and circulation concerns. The 15,000 square-foot threshold serves as an objective standard that distinguishes smaller neighborhood and community serving entertainment uses from larger facilities tha t may function as regional destinations.

Requiring a CUP for larger facilities provides the City with the opportunity to evaluate site-specific operational characteristics, including parking demand, circulation patterns, hours of operation, security measures, noise mitigation, and compatibility with surrounding land uses. Examples of these uses may include:
• Tra
mpoline parks
• Indoor Mini-Golf
• Large Entertainment Centers
• Roller Rinks

4. Event Centers and Assembly Uses
T
he proposed amendment would also consolidate several assembly-related uses into a single classification. The proposed Event Center category would include but not be limited to Banquet Facilities, Assembly Halls, and E-Sports Arenas, and would include indoor or outdoor venues designed to host organized gatherings such as:
• B
anquet halls
• Reception facilities
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• Conference venues
• E-sports arenas designed for spectator events

The review process would continue to require a CUP but provided added Special Land Use Regulations (see Exhibit G for details). Th e new classification would continue to distinguish these uses from “A ctive E ntertainment” uses and ensures consistent parking and operational standards.

5. Small Fitness Studios

Fitness-related uses have evolved significantly in recent years, with many smaller studios focusing on specialized instruction rather than traditional gym facilities. Staff proposes establishing a “Small Fitness Studio” category to address smaller -scale instructional fitness uses and are generally designed for one or two concurrent class oriented uses. Examples include:

• Yoga studios
• Pilates studios
• Martial arts studios
• Dance instruction studios
• High-intensity interval training
(HIIT) studios

The proposed amendments include a new definition and special land use regulations (see Exhibit G for details). The uses in this category would be permitted by right in most commercial zones. The new definition includes operational characteristics typical of these uses, such as scheduled classes and smaller square footage . Establishing an operational threshold helps provide a clear objective standard to distinguish Small Fitness Studios from larger fitness facilities and health clubs currently permitted with a CUP under “Physical Fitness Facilities”, which operate at a greater scale and intensity.

Small Fitness Studios typically have limited occupancy at any given time, shorter customer durations, and activity patterns that are more predictable. In contrast, larger fitness facilities such as 24 Hour Fitness, often include multiple activity areas, extended hours of operation, and higher membership volumes, which can result in increased parking demand and traffic generation.

6. Food Halls and Ghost Kitchens

The Zoning Code currently regulates food and beverage uses under Article IV; however, the Zoning Code does not specifically identify F ood Halls or Ghost Kitchens as permitted uses. As these business models have become more common, the absence of clear classifications has created uncertainty during project review and made it difficult to consistently permit these uses under existing restaurant categories.

Staff proposes new definitions to help in the review of these land uses.

Food Halls – A Food Hall is a shared dining destination that brings together multiple independent food and beverage vendors under one roof. Customers can purchase -8-
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food and drinks from a variety of vendors and enjoy them in common seating areas, creating a market -style dining experience with diverse culinary options in a single location. The proposed amendments include a definition for Food Halls. The operation for Food Halls would fall under existing food and beverage service requirements so no additional regulations are needed.

Ghost Kitchen – A Ghost Kitchen is a commercial food preparation facility that prepares meals and beverages exclusively for delivery, mobile ordering, or customer pick -up.

Unlike a traditional restaurant, a ghost kitchen does not provide dine -in service and may support multiple food brands operating from a shared kitchen space.

Amendments for Ghost Kitchens include a definition and new operational regulations (see Exhibit D for details) . Ghost Kitchens are a more intensive food service model, often involving multiple kitchen operators within a single facility and generating substantial pick-up and delivery traffic, even where on-site dining is limited or absent.

Due to this, a MCUP would be required in C1 zones to review for potential negative impacts; the use would be permitted by right in the C2 and Industrial zones.

Clearly identifying and defining these uses in the Zoning Code will improve regulatory clarity, reduce reliance on staff interpretation, and ensure that they are evaluated and regulated consistent with their operational characteristics and potential impacts.

7. Electric Vehicle Charging Stations

Electric vehicle (EV) charging infrastructure is an increasingly important component of development. The California Building Code also requires inclusion of EV charging infrastructure in new or remodeled developments. Furthermore, State law (Assembly Bill 1236, Government Code Section 65850.7) requires that EV charging stations be permitted and subject to streamlined, ministerial review. However, EV charging stations and associated equipment are not clearly identified within the Zoning Code, which can create uncertainty for applicants.

The proposed amendment would explicitly identify EV charging stations as an allowed use and clarify that they are permitted by right as both primary and accessory uses, consistent with State requirements. This update improves clarity, ensures consistency with State law, and supports the continued expansion of EV infrastructure throughout the City by allowing property owners and businesses to readily understand that these facilities are permitted without requiring additional interpretation.

8. Sports Clubs

The Zoning Code currently includes “Physical Fitness Facilities” uses, which requires a CUP, but does not clearly distinguish larger indoor sports facilities or member clubs that are increasingly common in commercial areas. These uses often include specialized -9-
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courts, training facilities or fields and operating as sports clubs, which are different from traditional gyms, large and smaller fitness studios.

Sports clubs are indoor recreational facilities focused on organized or league-based or member activities, often involving larger floor areas and specialized equipment.

Examples include indoor soccer facilities, basketball training centers, pickleball courts, volleyball facilities, and similar uses.

The proposed amendment would incorporate sports clubs into the existing “P hysical Fitness Facilities” within the Zoning Code clarifying the City permits these uses with a Conditional Use Permit.

9. Commercial Kitchens

The Zoning Code currently does not clearly define or classify commercial kitchens that operate independently of traditional restaurants, f or example, a catering company preparing food for off -site events or a shared kitchen used by multiple small food entrepreneurs. Unlike traditional restaurants, commercial kitchens do not include on-site dining and have different operational characteristics, such as delivery activity, scheduled food preparation, and limited customer presence. As a result, commercial kitchens may be inconsistently categorized as restaurant or unlisted uses. These uses differ from ghost kitchens in that individual direct customer take-out services are not part of the use.

The proposed amendment would allow Commercial Kitchens by right in Industrial zones and establish a classification for commercial kitchens, including catering kitchens and shared kitchen facilities, to align this with the current food manufacturing land use and clearly define how these uses are regulated within the Zoning Code. Establishing a clear classification improves consistency in code administration, ensures that appropriate development and operational standards are applied, and supports the growing demand for flexible, small-scale food production spaces. It also helps distinguish these uses from traditional restaurants and more intensive food manufacturing operations.

10. Non-residential Height Limits

In most commercial zones, building height is currently limited to two stories or 30 feet, with only a narrow exception allowing up to a five percent increase when necessary to screen existing roof -mounted equipment. Height limits are an important tool for maintaining neighborhood compatibility and consistent building scale; however, when applied too rigidly, they can also limit the ability to incorporate architectural elements, functional rooftop features, and may make it more difficult for commercial properties to modernize, reposition, and compete for new investment and tenants.

In many cities, commercial height standards allow limited flexibility for features such as parapets, cornices, elevator overruns, stair enclosures, screening elements, roof access -10-
573
structures, and rooftop amenities, provided the additional height does not create a full additional story or materially alter the perceived mass and scale of the building. Flexible standards allow for creativity and functional upgrades to existing buildings.

Staff proposes a process to allow a height deviation up to 12 feet or 40%, whichever is less, of the allowable height through the MCUP process. The Zoning Code already provides a similar discretionary review framework for antenna-related height exceptions.

In addition to the required MCUP findings, staff proposes (Exhibit C) that the review authority find that the proposed height is:

(a) Compatible with the existing and anticipated development in the vicinity; (b) Enhances the architecture and design of the development; and (c) Would not be materially detrimental to surrounding properties or uses and would not adversely affect the public health, safety, or welfare.

Any request for additional height would also be subject to the applicable planning application procedures, an staff would evaluate the project for consistency with the City’s review criteria contained in Zoning Code Section 13-29(e). This process will allow the City to continue to evaluate the modification to ensure it maintains a compatible and harmonious relationship between the proposed building and site development and adjacent properties.

11. Floor Area Ratio (FAR)

Floor Area Ratio (FAR) is the City’s primary tool for regulating the intensity of nonresidential development. FARs are established in the General Plan and further implemented through the Zoning Code. FAR establishes the amount of building floor area permitted on a site in relation to the size of the lot and is used to ensure that development intensity remains consistent with the General Plan and the City’s broader land use objectives.

In the General Plan, FAR is also directly tied to traffic generation and the City’s ability to evaluate development intensity based on anticipated trips. Because nonresidential traffic impacts are generally calculated based on the amount and type of active floor area associated with a use, FAR is regulated through building floor area as a practical way to manage the relationship between development intensity, land use, and trip generation.

Therefore, it is important that the floor area counted toward FAR reflects the portions of a building that contribute to occupancy, activity, and traffic demand.

The Zoning Code currently provides the following limited definitions for use in application review:

-11-
574
Floor area ratio.

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

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.

Given these limited definitions, the “Gross Floor Area” definition is the primary basis for implementing Floor Area Ratio (FAR); however, the current definition can result in unintended limitations for development, particularly for building areas devoted to operations or support functions rather than occupancy or site activity, which also do not impact a use’s trip generation calculations. The lack of clarity creates confusion for applicants and staff, complicates plan check and entitlement review, and may discourage tenant improvements or reinvestment in existing commercial properties.

To address this issue, staff is proposing to further expand the definitions of “Gross Floor Area” to clarify its application to nonresidential uses and to better identify which building areas should be included in FAR. See below for the proposed definition:

Nonresidential Gross Floor Area
The total horizontal area of all floors within the exterior walls of a structure that contribute to the building’s occupancy or intensity of use. Nonresidential gross floor area excludes garages or carports used for required parking, elevator and stair shafts, mechanical shafts, pipe chases, mechanical equipment rooms, electrical rooms, and other uti lity or service spaces devoted exclusively to building operations and maintenance. Basement, cellar, storage or attic areas used solely for accessory building functions and not intended for human occupancy are also excluded.

The intent of the proposed update is to ensure that FAR more accurately reflects occupiable building area and the functional intensity of a site, while excluding certain building service and utility areas that do not generate occupancy or increase operational demand or increase use trip calculations . This proposed clarification will improve consistency in code administration, reduce ambiguity during project review, and better align FAR implementation with the practical way commercial and industrial buildings are designed and operated. By providing greater certainty regarding how floor area is measured, the amendment would help support tenant improvements, building modernization, and reinvestment in existing commercial properties, while maintaining the City’s intent to regulate overall development intensity.

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ADDITIONAL AMENDMENTS

Parking Standards

As part of the proposed Zoning Code amendments , staff align ed certain land use classifications with the City’s existing off-street parking standards contained in Table 13- 89 of the Costa Mesa Municipal Code.

The proposed amendments do not introduce new parking ratios. Instead, the updated land use categories are being associated with the most appropriate existing parking standards based on the operational characteristics of each use. This approach maintains consistency with the City’s established parking framework while ensuring that newly defined or consolidated land use classifications are clearly linked to the applicable parking requirements.

For example, uses categorized as Active Entertainment or Small Fitness Studios would follow the existing parking requirements currently applied to similar recreation and fitness-related uses. Similarly, Artisan Studio uses would be aligned with the parking standards that apply to retail and office uses.

Aligning the updated use classifications with existing parking standards helps ensure that parking requirements remain consistent with current City regulations while providing clarity for staff, property owners, and businesses regarding the applicable parking ratios.

In addition, parking ratios that had a minimum number of parking spaces as a requirement were stricken resulting in a standard parking ratio for all businesses regardless of size. For example, Retail required “4 spaces per 1,000 square feet with a minimum of 6 spaces,” and staff is proposing to strike “with a minimum of 6 spaces”.

The table below summarizes the applicable parking standards associated with the proposed land use classifications.

Table 2: Parking Standards

USE PARKING STANDARD
Personal Services 6 spaces per 1,000 square feet
Personal Services (Group
Instruction/Setting) 10 spaces per 1,000 square feet
Small Fitness Studios 10 spaces per 1,000 square feet
Active Entertainment 10 spaces per 1,000 square feet
Artisan Studio 4 spaces per 1,000 square feet
Event Centers / Assembly Uses 1 space per 3 seats or 1 space per 35 square feet of seating area
-13-
576

USE PARKING STANDARD
Ghost Kitchen 6 paces per 1,000 square feet
Commercial Kitchen 3 spaces per 1,000 square feet

DISCUSSION

The proposed amendments represent a targeted effort to modernize the City's commercial land use framework. Rather than regulating emerging business models through subjective "similar use" determinations, the amendments establish clear classifications, definitions, and operational standards for uses that are increasingly common throughout Southern California.

The amendments reduce ambiguity within the Land Use Matrix by consolidating narrowly defined categories into broader use classifications based upon operational characteristics. This approach provides greater predictability for property owners, business ope rators, and City staff while maintaining the City's ability to evaluate compatibility and potential impacts.

Economic Development Benefits

The proposed amendments are intended to support economic development . By modernizing the City’s Land Use Matrix and categorizing uses rather than calling them out specifically the following economic developments are achieved:

• Reducing uncertainty during tenant leasing and entitlement review. • Facilitating adaptive reuse of existing commercial buildings. • Providing flexibility for evolving business models.
• Supporting reinvestment in aging commercial centers.
• Improving consistency in permit processing.
• Encouraging activation of vacant commercial spaces.
• Aligning the Zoning Code with contemporary market conditions. • Promoting redevelopment and upgrading of non-residential sites

GENERAL PLAN CONSISTENCY

The proposed Zoning Code Amendment is consistent with the Costa Mesa General Plan.

The amendments support the General Plan's economic development objectives by encouraging reinvestment in commercial properties, improving regulatory clarity, facilitating ad aptive reuse, and maintaining development standards that protect community character while accommodating evolving business models. Additionally, the proposed definition of “Nonresidential Gross Floor Area ”, further implements and clarifies trip generating area calculations, as required by the General Plan.

-14-
577

ENVIRONMENTAL DETERMINATION

The proposed Zoning Code Amendment has been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common S ense Exemption, because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment. The amendments primarily involve updates to land use classifications, definitions, and administrative development standards. Additionally, portions of the amendment are categorically exempt pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).

PUBLIC NOTICE

Pursuant to California Government Code Section 65854 (amended by Assembly Bill 2904 in 2025) public notification for amending the Zoning Code has been completed no less than 20 days prior to the date of the public hearing:

1. On-site posting. A public notice was posted at City Hall and on the City’s website on May 29, 2026.

2. Newspaper publication. A public notice was published in the Daily Pilot newspaper on May 30, 2026.

CONCLUSION

The proposed amendments represent a focused effort to modernize the Costa Mesa Zoning Code and address recurring implementation issues identified by staff, property owners, and business operators. The amendments establish clear classifications for emerging commercial uses, improve consistency in code administration, provide targeted flexibility for building modernization, and clarify implementation of key development standards. Collectively, the amendments will help support economic development, adaptive reuse, and reinvestment in commercial properties while maintaining the City's long-standing planning and compatibility objectives.

Therefore, staff recommends that the Planning Commission adopt the attached Resolution recommending the City Council adopt the proposed Zoning Code Amendment.

ATTACHMENTS

1. Draft Planning Commission Resolution, Title 13 Amendment Draft City Council Ordinance, Title 13 Amendment
Exhibit A: Chapter 1, Article 2, Definitions
Exhibit B: Chapter IV, Citywide Land Use Matrix
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578
Exhibit C: Chapter V, Development Standards, Article 3 Commercial Districts Exhibit D: Chapter V, Development Standards, Article 4, Establishments where food and beverages are served
Exhibit E: Chapter VI, Off -Street Parking Standards, Article 2, Nonresidential Districts
Exhibit F: Chapter VI, Off -Street Parking Standards, Article 3, Development Standards
Exhibit G: Chapter IX, Special Land Use Regulations

2. Strikethrough format of the proposed Zoning Code amendments Exhibit A: Chapter 1, Article 2, Definitions
Exhibit B: Chapter IV, Citywide Land Use Matrix
Exhibit C: Chapter V, Development Standards, Article 3 Commercial Districts Exhibit D: Chapter V, Development Standards, Article 4, Establishments where food and beverages are served
Exhibit E: Chapter VI, Off -Street Parking Standards, Article 2, Nonresidential Districts
Exhibit F: Chapter VI, Off -Street Parking Standards, Article 3, Development Standards
Exhibit G: Chapter IX, Special Land Use Regulations

3. Planning Commission April 13, 2026, Study Session Minutes -16-
579

REGULAR PLANNING COMMISSION
MONDAY, JUNE 22, 2026 - MINUTES
CALL TO ORDER - The Regular Planning Commission Meeting was called to order by Chair Harlan at 6:03 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG Commissioner Klepack led the Pledge of Allegiance.

ROLL CALL

Present: Chair Jeffrey Harlan, Vice Chair Jon Zich, Commissioner Angely Andrade, Commissioner Robert Dickson, Commissioner Karen Klepack, and Commissioner Johnny Rojas

Absent: Commissioner David Martinez
ANNOUNCEMENTS AND PRESENTATIONS: None
PUBLIC COMMENTS - MATTERS NOT LISTED ON THE AGENDA:

Speaker one addressed the Commission regarding development and permitting processes in Costa Mesa. He expressed concerns regarding permit processing timelines, demolition permit requirements, and the perceived complexity of development approvals. He encouraged Commissioners to seek greatertransparency regarding permit processing and application timelines and suggested staff reports include information regarding application submittal dates and review durations. He also expressed concerns regarding transportation policies and the City's recent animal services contract decisions.

Cynthia McDonald commented on the Environmental Impact Report associated with the Measure K/Housing Element update. She noted the report identified numerous significant and unavoidable impacts and questioned the absence of traffic-related analysis. She also shared observations regarding the impacts of taller residential buildings, including shading and shadow effects, and encouraged the Commission to carefully reviewthe environmental documentation.

Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page I ATTACHMENT 6
580
PLANNING COMMISSIONER COMMENTS AND SUGGESTIONS:

Commissioner Dickson commented on the cancellation of several recent Planning Commission meetings and suggested exploring additional opportunities for public engagement when regular meetings are not scheduled. He highlighted the success of the community event Songs in the Canyon and discussed the importance of supporting local businesses and considering the economic impacts of planning and transportation decisions. He also expressed interest in consistent approaches to state mandates and planning issues affecting the Fairview Developmental Center and other major projects.

Commissioner Andrade thanked staff for facilitating the June 3 public workshop regarding the Neighborhoods Where We All Belong (NWWAB) initiative and encouraged community participation in reviewing the Environmental Impact Report available for public review through August 3, 2026. She also recognized staff participation in the International Council of Shopping Centers (ICSC) conference, recent park improvement projects, and the Small Business Diversity Network's entrepreneurship and food industry training program. She encouraged residents to participate in upcoming community events including Movies in the Park and Concerts in the Park.

Commissioner Klepack expressed appreciation for returning to the regular meeting schedule and offered no additional comments.

Vice Chair Zich responded to issues raised during public comments and discussed the limited role of the Planning Commission in broader policy matters. He noted the Commission's responsibility is generally limited to reviewing development applications and ensuring compliance with adopted standards. He acknowledged concerns regarding permit processing, business development, and environmental review issues, while emphasizing the importance of receiving specific information from residents and businesses regarding such concerns.

CONSENT CALENDAR:

1. APRIL 13, 2026 UNOFFICIAL MEETING MINUTES

2. APRIL27,2026UNOFFICIALMEETINGMINUTES
MOVED/SECOND: DICKSON/ZICH
MOTION: Move the minutes.

Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 2 581
The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Rojas
Nays: None

Absent: Commissioner Martinez
Recused: None
Motion carried: 6-0
ACTION:

Planning Commission approved Consent Calendar items.

PUBLIC HEARINGS:

1. CONDITIONAL USE PERMIT (PCUP-26-0005) TO ALLOW THE SALE OF ALCOHOL FOR ON-SITE CONSUMPTION UNTIL 12:00 A.M.WITHIN 200 FEET OF A RESIDENTIAL ZONE FOR A RESTAURANT (THREE EYED TIGER) AT 2930 BRISTOL STREET, UNIT B60
Presentation by Assistant Planner, Gabriel Villalobos.

Zachary Scherer, business owner, stated he has read the staff report and agreed to the conditions of approval. He also clarified that he did submit a revised applicant letter.

Public comments:

Speaker one commented generally on the application process and praised the speed at which the application was processed.

Motion Discussion:

Commissioners discussed the proposal, compatibility with surrounding uses, and the similarities of Conditions of Approval No. I and No. 9. Chair Harlan and Commissioner Andrade revised the motion to include striking Condition of Approval No. 9.

MOVED/SECOND: HARLAN/ANDRADE
MOTION: Move staff's recommendation and strike Condition of Approval No. 9.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Rojas
Nays: None

Absent: Commissioner Martinez
Recused: None
Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 3 582
Motion carried: 6-0
ACTION:

The Planning Commission adopted a resolution to:

1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEOA) per CEQA Guidelines Section 15301 (Existing Facilities); and

2. Approve Conditional Use Permit (PCUP-26-0005) based on the findings of fact and subject to conditions of approval, with the removal of Condition of Approval No. 9: Any change in the operational characteristics ofthe use shall be subject to Planning Division review and may require an amendment to the conditional use permit, subjed to either Zoning Administrator or Planning Commission approval, depending on the nature ofthe proposed change.

2. CONDITIONAL USE PERMIT (PCUP-26-0003) TO ALLOW THE SALE OF ALCOHOL FOR ON-SITE CONSUMPTION UNTIL 1:30 A.M. WITHIN 200 FEET

OF A RESIDENTIAL ZONE FOR AN EXISTING RESTAURANT (NAISHO OM/(KA!,[ AND HIGHBALL BAR) AT 3033 BRISTOL STREET, UNIT 117 Presentation by Assistant Planner, Gabriel Villalobos.

Michael Cho, applicant's representative, stated his client has read the staff report and agreed to the conditions of approval.

Public comments:

Speaker one spoke in support of the business and on the application processing timeline.

Motion Discussion:

Commissioners expressed support for the project, noting that based on personal observations of the shopping center and surrounding area, late-night operations have generally been quiet with minimal disturbances. Commissioners also commented that the restaurant would add a unique dining option to Costa Mesa and abelieved the conditions of approval would adequately address potential neighborhood concerns.

MOVED/SECOND: DICKSON/KLEPACK
MOTION: Move's staff recommendation and strike Condition of Approval No. 9.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Rojas
Nays: None
Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 4 583

Absent: Commissioner Martinez
Recused: None
Motion carried: 6-0
ACTION:

The Planning Commission adopted a resolution to:

1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEOA) per CEOA Guidelines Section 15301 (Existing Facilities); and

2. Approve Conditional Use Permit (PCUP-26-0003) based on findings of fact and subject to conditions of approval, with the removal of Condition of Approval No. 9: Any change in the operational characteristics of the use shall be subject to Planning Division review and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change.

3. PROPOSED AMENDMENTS TO TITLE 13 (PLANNING, ZONING AND

DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE TO UPDATE LAND

USE CLASSIFICATIONS FOR VARIOUS NON-RESIDENTIAL USES INCLUDE BUT

NOT LIMITED TO, PERSONAL SERVICES, ARTISAN STUDIO AND RETAIL USES,

ACTIVE ENTERTAINMENT USES, EVENT CENTERS AND ASSEMBLY USES,

SPECIALIZED FITNESS STUDIOS, AND OTHER NON-RESIDENTIAL USES AND ST ANDARDS- PCTY-26-0001
Presentation by Planning Manager, Martina Caron.

Commissioners requested clarification regarding:
* Proposed exclusions from floor area ratio calculations, including storage areas and equipment rooms.

The definition of pet services and how they differ from veterinary services and kenneling.
* Howuniquebusinesses,suchascatcafes,wouldbeclassifiedundertherevised code.
* Classification of golf simulator businesses.
* Parking standards for small fitness studios compared to larger fitness facilities.

Staff explained the intent of the proposed classifications, clarified differences between various business types, and indicated that processing requirements had changes, but the parking standards for small fitness studios remained unchanged from current regulations despite differences in operational intensity.

Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 5 584
Public comments:

Daniel Pietenpol, a downtown Costa Mesa commercial property owner, expressed strong support for the proposed code amendments, stating they would simplify approvals for modern businesses and encourage economic development. He commended staff's efforts but urged the Commission to further reduce parking requirements for small fitness studios, noting Costa Mesa's standards are significantly higher than neighboring cities and may discourage prospective tenants.

Speaker two expressed concerns that the Commission had not reviewed zoning code updates frequently enough and stated that outdated regulations have negatively affected business development. He commented on the City's handling of electric vehicle charging regulations, parking requirements, and zoning interpretations, encouraging the Commission to conduct more regular reviews of the zoning ordinance and provide stronger policy direction.

Motion Discussion:

Commissioners expressed appreciation for staff's efforts to modernize the zoning code and generally supported the proposed direction.

Discussion focused primarily on two issues:

Small Fitness Studios: Commissioners agreed that additional refinement of the parking requirements and size thresholds should be explored to better distinguish small studios from larger fitness facilities and ensure parking standards reflect actual operational characteristics.

Floor Area Ratio (FAR): Commissioners expressed concerns regarding the proposed exclusion of certain storage areas from FAR calculations and requested staff review industry definitions and further clarify what spaces should be excluded.

Several Commissioners stated that the proposal represented a strong foundation but believed these issues should be addressed before forwarding a recommendation to the City Council.

Director Tai noted that the amendments were the result of approximately 18 months of work with the business community and suggested the Commission consider forwarding portions of the package that had broad support while staff continued refining the remaining items. Commissioners ultimately preferred to review the complete package after the identified revisions were made.

Commission and staff discussed including in the motion to reopen the public Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 6 585
hearing and continued to July 13 meeting. Vice Chair Zich and Commissioner Dickson agreed to include that in their motion.

MOVED/SECOND: ZICH/DICKSON
MOTION: Reopen the public hearing and continue the item to July 13, 2026 to allow staff to revise the proposed parking standards for small fitness studios and the floor area ratio (FAR) definition before returning the item to the Planning Commission.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Rojas
Nays: Commissioner Andrade

Absent: Commissioner Martinez
Recused: None
Motion carried: 5-1
ACTION: Planning Commission reopened the public hearing and continued the item to the July 13, 2026 meeting to allow staff to come back with revisions to the proposed parking standards for small fitness studios and the floor area ratio (FAR) definition.

OLD BUSINESS: None.

NEW BUSINESS: None.

DEPARTMENT AL REPORTS:

1. PUBLIC WORKS REPORT - City Engineer Yang reminded the public that the 2026 Orange County Fair will be held July 17 through August 16, operating Wednesday through Sunday. Residents were encouraged to observe traffic controls, watch for pedestrians and bicyclists, and exercise caution while traveling near the fairgrounds. Mr. Yang noted that Monday Planning Commission meetings would not be impacted because the fair is closed on Mondays.

2. DEVELOPMENT SERVICES REPORT - Director Tai reported:
* Recent meeting cancellations were due to normal fluctuations in application workloads and staff resources devoted to major long-range planning efforts. * The Ohio House project public hearing before City Council was continued to September 1.
* Upcoming Planning Commission agendas will include the Climate Action and Adaptation Plan, Neighborhoods Where We All Belong, and Fairview Developmental Center planning documents.

Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 7 586
* Environmental review periods remain open for the Neighborhoods Where We All Belong Environmental Impact Report and the Fairview Developmental Center Environmental Impact Report.
* Demolition of the former Trinity Broadcasting Network property has been completed for the future Meritage Homes development. * The One Metro West project has submitted modifications reducing residential units while increasing unit sizes and reconfiguring site amenities. * The City's Neighborhoods Where We All Belong outreach program has been named a finalist for the Orange County Golden Hub Awards. @ City staff attended the Internal Council of Shopping Centers conference in Las Vegas to promote Costa Mesa and attract new businesses. * Twenty-four entrepreneurs graduated from the City's EATS small business program.
* Effective July 1, the Economic and Development Services Department will be renamed the Community Development Department to better reflect the department's broader responsibilities.

CITY ATTORNEY REPORT:

1. CITY ATTORNEY REPORT - None.

ADJOURNMENT AT 8:14 p.m.

Submitted by:

COSTA MESA PLANNING COMMISSION
Minutes - Costa Mesa Planning Commission Meeting - June 22, 2026- Page 8 587

PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: July 13, 2026 ITEM NUMBER: PH-2 SUBJECT: PROPOSED AMENDMENTS TO TITLE 13 (PLANNING, ZONING

AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE

TO UPDATE LAND USE CLASSIFICATIONS FOR VARIOUS NON -

RESIDENTIAL USES INCLUDE BUT NOT LIMITED TO, PERSONAL

SERVICES, ARTISAN STUDIO AND RETAIL USES, ACTIVE

ENTERTAINMENT USES, EVENT CENTERS AND ASSEMBLY USES,

SPECIALIZED FITNESS STUDIOS, AND OTHER NON-RESIDENTIAL
USES AND STANDARDS– PCTY-26-0001 (CONTINUED FROM
JUNE 22, 2026)
FROM: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: AMBER GREGG, CONTRACT PLANNER, AND

MARTINA C ARON, PLANNING MANAGER

FOR FURTHER

INFORMATION
CONTACT:

MARTINA CARON
[email protected]
R

ECOMMENDATION
S
taff recommends the Planning Commission:

1. Fi
nd that the proposed Zoning Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15305; and

2. A
dopt a Resolution recommending that the City Council approve amendments to Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal Code to update land use classifications for various non-residential uses include but not limited to, personal services, artisan studio and retail uses, active entertainment uses, event centers and assembly uses, specialized fitness studios, and other non-residential uses and standards.

A

PPLICANT OR AUTHORIZED AGENT
Cit
y-Initiated request.
-1-
ATTACHMENT 7
588
BAC

KGROUND
On Ap
ril 13, 2026, the Planning Commission conducted a study session to review potential amendments intended to modernize the City's land use framework and address several recurring implementation issues. The Planning Commission was generally supportive of the proposed Zoning Code Amendments and expressed appreciation for the effort to modernize regulations. Commissioners discussed several implementation considerations, including potential traffic and circulation impacts associated with ghost kitchens, operational considerations for small fitness studios, and the importance of maintaining parking requirements that reflect current Institute of Transportation Engineers (ITE) data. Additional comments included support for adding new land use categories such as escape rooms, climbing gyms, and trampoline parks.

April
13, 2026, Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7976488&GUID=694B0C33- AB5F-4F28-8F1C-4E67CB6704A9&Options=&Search=
On Ju
ne 22, 2026, staff presented a package of eleven targeted Zoning Code amendments intended to modernize land use classifications and development standards, improve regulatory clarity, and address issues identified through the City’s review of development applications and business inquiries. The amendments are also intended to support the City’s economic development goals by facilitating reinvestment in commercial properties, reducing uncertainty in the entitlement process, and better accommodating evolv ing business models. An excerpt of the draft June 22, 2026
nd minutes can be found under Attachment 3. The summary of the proposed changes and June 22, 2026, Agenda Report can be found here:
https://costamesa.legistar.com/View.ashx?M=F&ID=15589938&GUID=28AC4200- 2BB0-4336-8E4F-5C3DB5633A4D
The
proposed amendments are intentionally focused on a limited number of high - priority and commonly occurring issues. Although additional Zoning Code topics may merit future evaluation, the current effort is intended to advance a manageable package of amen dments that can be effectively reviewed and implemented within existing staffing capacity and departmental work program constraints.

Pub
lic comments were generally supportive of modernizing the Zoning Code and simplifying the approval process for contemporary business uses. Commenters also encouraged the City to reevaluate parking requirements for small fitness studios, conduct more frequent reviews of the Zoning Code.

The Pl
anning Commission expressed general support for the overall direction of the amendments and recognized the proposal as a strong foundation for modernizing the City’s regulations. However, the Commission requested additional analysis and refinement regarding two primary issues. First, the Commission requested that staff -2-
589
further evaluate the parking requirements and applicable size or operational thresholds for small fitness studios to better distinguish these uses from larger fitness facilities. Second, the Commission requested additional review of the proposed exclusions from floor area ratio calculations, particularly the treatment of storage areas, equipment rooms, and other non-occupied spaces.

S
taff proposed the option of forwarding the portions of the amendment package that had broad support to the City Council for consideration, while continuing to refine the remaining items, however, the Planning Commission preferred to consider the amendments as a complete package. The Commission therefore reopened the public hearing and continued the item to the July 13, 2026, Planning Commission meeting and requested staff consider the Planning Commission’s recommendations and revisions and provide additional clarification.

A
summary of the proposed amendments, including the revisions made in response to the Planning Commission’s comments, is provided below.

F
itness Uses
I
n response to the Planning Commission’s comments, staff propose s three fitness use categories to better distinguish between different facility sizes and operational models.

See the proposed categories below in Table 1:

T
able 1 – Fitness Uses
Use Summary Review
Process
Parking
Req.

Small Fitness
Studio
Facilities less than 2,500 square feet ; generally
designed for one- on-one instruction, personal
training, or small classes.

Permitted
with Special
Land Use
Regulations
4 spaces
per 1,000 sf
Fitness
Studio
Facilities of 2,500 square feet to 15,000 square
feet; generally intended to accommodate small
to mid-sized class-based fitness businesses, such
as yoga, Pilates, martial arts, and similar uses.

Permitted
with Special
Land Use
Regulations
10 spaces
per 1,000 sf
Physical Fitness
Facility
Facilities larger than 15,000 square feet; intended
for larger fitness facilities.

CUP
(no change)
10 spaces
per 1,000 sf
A
new Small Fitness Studio category would apply to facilities of less than 2,500 square feet that are generally designed for one-on-one instruction, personal training, or small classes. An intermediary Fitness Studio category would apply to facilities that are 2,500 square feet or larger but do not exceed 15,000 square feet. These new categories are intended to accommodate small- to mid-sized class-based fitness businesses, such as yoga, Pilates, barre, cycling, martial arts, dance -based fitness, circuit training, and similar uses, without classifying them as large fitness centers or health clubs.

Th
e proposed size thresholds provide objective standards for distinguishing these smaller instructional facilities from larger Physical Fitness Facilities, which would remain -3-
590
subject to a Conditional Use Permit. Small Fitness Studios and Fitness Studios typically operate with scheduled classes, limited occupancy, shorter customer visits, and predictable arrival and departure patterns that generally result in lower traffic and parking demand. By comparison, larger fitness facilities, such as 24 Hour Fitness, commonly include multiple activity areas, extended operating hours, unscheduled customer arrivals, and substantially higher membership volumes, resulting in greater parking d emand and traffic generation. Consistent with these operational characteristics, Small Fitness Studios and Fitness Studios would be permitted by right in most commercial zoning districts (subject to special land use regulations) , while larger Physical Fitness Facilities would continue to require a Conditional Use Permit.

F
itness Parking
To
further differentiate Small Fitness Studios from Fitness Studios and Physical Fitness Facilities, a parking ratio of four spaces per 1,000 square feet is proposed for this category as noted in Table 1. This would result in a maximum parking requirement of 10 spaces for a 2,500-square-foot studio. Fitness Studios would continue to require 10 spaces per 1,000 square feet because these facilities accommodate larger classes, more frequent customer turnover, and higher peak parking demand than a Small Fitness Studio. Physical Fitness Facilities would also require 10 spaces per 1,000 square feet, consistent with their larger scale and broader operational characteristics.

Although Fitness Studios and Physical Fitness Facilities would have the same parking ratio, they would remain separate use categories because Fitness Studios would be smaller in scale and permitted by right with Special Land Use Regulations in most commercial zones, while Physical Fitness Facilities would continue to require a Conditional Use Permit.

F
loor Area Ratio (FAR)
F
loor Area Ratio (FAR) is the City’s primary tool for regulating the intensity of nonresidential development. FARs are established in the General Plan and further implemented through the Zoning Code. FAR establishes the amount of building floor area permitted on a site in relation to the size of the lot and is used to ensure that development intensity remains consistent with the General Plan and the City’s broader land use objectives.

In
the General Plan, FAR is also directly tied to traffic generation and the City’s ability to evaluate development intensity based on anticipated trips. Because nonresidential traffic impacts are generally calculated based on the amount and type of active floor area associated with a use, FAR is regulated through building floor area as a practical way to manage the relationship between development intensity, land use, and trip generation.

Therefore, it is important that the floor area counted toward FAR reflects the portions of a building that contribute to occupancy, activity, and traffic demand. -4-
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The Zoning Code currently provides the following limited definitions for use in application review:

Floor area ratio.

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

G
ross 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.

I
n addition, Zoning Administrator Determination 17-01 was approved in 2017 to clarify which building areas should be included when calculating parking demand. The determination recognizes that spaces used for electrical and mechanical equipment are not occupied by employees or patrons during the operation of nonresidential uses and, therefore, should not be included in gross floor area calculations for parking purposes.

Wh
ile the existing definitions provide a basic framework, they do not fully address how floor area should be measured for nonresidential buildings, particularly where portions of a building are devoted to operational, utility, or support functions rather t han areas that generate occupancy, customer activity, employee activity, parking demand, or vehicle trips. Because gross floor area is also used as the basis for calculating FAR, the current definition can result in unintended limitations on development by counting areas that do not contribute to the functional intensity of a site.

Th
is lack of clarity can create confusion for applicants and staff, complicate plan check and entitlement review, and result in inconsistent application of the Zoning Code. It may also discourage tenant improvements, building modernization, and reinvestment in existing commercial and industrial properties where utility, service, or support areas are necessary for development functions but do not increase operational intensity.

T
o address this issue, staff is proposing a new definition for “Nonresidential Gross Floor Area.” The proposed definition is intended to clarify how floor area is calculated for nonresidential development, ensure greater consistency between FAR, parking, and trip generation review, and provide a more accurate measure of the areas that contribute to occupancy and site activity.

D
uring the June 22, 2026, Planning Commission hearing, the Commission discussed whether the FAR calculation should continue to include building areas that do not contribute to occupancy, development intensity, or traffic generation. The Commission expressed general support for clarifying the definition to distinguish active, occupiable floor area from spaces devoted exclusively to building operations and maintenance. that the Commission questioned whether general storage could be used for the primary development functions should not be excluded from the FAR. -5-
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Based on this discussion, the proposed definition has been updated to exclude areas that do not directly contribute to the intensity of the development. The updated definition also recognizes that certain accessory storage areas do not necessarily increase trip generation or operational intensity. For example, on-site storage may allow businesses to rotate seasonal merchandise, store materials for upcoming events, prepare for holiday demand, or manage inventory associated with temporary increases in patrons. Excluding these limited accessory storage areas from nonresidential gross floor area provides businesses with greater flexibility to operate efficiently and respond to changing customer demand, without creating additional occupancy, customer activity, or traffic impacts. See the proposed definition below:

N
onresidential Gross Floor Area
The total horizontal area of all floors within the exterior walls of a structure that contribute to the building’s occupancy or intensity of use. Nonresidential gross floor area excludes garages or carports used for parking, elevator and stair shafts, mechanical shafts, pipe chases, equipment and mechanical rooms, electrical rooms, and other accessory storage, utility or service spaces , that are devoted exclusively to development operations and maintenance.

Th
e intent of the proposed update is to ensure that FAR more accurately reflects occupiable building area and the functional intensity of a site, while excluding certain building service, utility, and incidental support areas that do not generate occupancy , increase operational demand, or contribute to trip generation.

G

ENERAL PLAN CONSISTENCY
Th
e proposed Zoning Code Amendment is consistent with the Costa Mesa General Plan.

The amendments support the General Plan's economic development objectives by encouraging reinvestment in commercial properties, improving regulatory clarity, facilitating ad aptive reuse, and maintaining development standards that protect community character while accommodating evolving business models. Additionally, the proposed definition of “Nonresidential Gross Floor Area ”, further implements and clarifies trip generating area calculations, as required by the General Plan.

E

NVIRONMENTAL DETERMINATION
T
he proposed Zoning Code Amendment has been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed amendments are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the Common S ense Exemption, because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment. The amendments primarily involve updates to land use classifications, definitions, and administrative development standards. Additionally, portions of the amendment are categorically exempt pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations). -6-
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PUBLIC NOTICE
Pu
rsuant to California Government Code Section 65854 (amended by Assembly Bill 2904 in 2025) public notification for amending the Zoning Code has been completed no less than 20 days prior to the date of the public hearing:

1. On -si
te posting. A public notice was posted at City Hall and on the City’s website on May 29, 2026.

2. N
ewspaper publication. A public notice was published in the Daily Pilot newspaper on May 30, 2026.

C

ONCLUSION
T
he proposed amendments represent a focused effort to modernize the Costa Mesa Zoning Code and address recurring implementation issues identified by staff, property owners, and business operators. The amendments establish clear classifications for emerging commercial uses, improve consistency in code administration, provide targeted flexibility for building modernization, and clarify implementation of key development standards. Collectively, the amendments will help support economic development, adaptive reuse, and reinvestment in commercial properties while maintaining the City's long-standing planning and compatibility objectives.

Th
erefore, staff recommends that the Planning Commission adopt the attached Resolution recommending the City Council adopt the proposed Zoning Code Amendment.

A

TTACHMENTS

1. D
raft Planning Commission Resolution, Title 13 Amendment Draft City Council Ordinance, Title 13 Amendment
Exhibit A: Chapter 1, Article 2, Definitions
Exhibit B: Chapter IV, Citywide Land Use Matrix
Exhibit C: Chapter V, Development Standards, Article 3 Commercial Districts Exhibit D: Chapter V, Development Standards, Article 4, Establishments where food and beverages are served
Exhibit E: Chapter VI, Off -Street Parking Standards, Article 2, Nonresidential Districts
Exhibit F: Chapter VI, Off -Street Parking Standards, Article 3, Development Standards
Exhibit G: Chapter IX, Special Land Use Regulations
-7-
594

2. Strikethrough format of the proposed Zoning Code amendments Exhibit A: Chapter 1, Article 2, Definitions
Exhibit B: Chapter IV, Citywide Land Use Matrix
Exhibit C: Chapter V, Development Standards, Article 3 Commercial Districts Exhibit D: Chapter V, Development Standards, Article 4, Establishments where food and beverages are served
Exhibit E: Chapter VI, Off -Street Parking Standards, Article 2, Nonresidential Districts
Exhibit F: Chapter VI, Off -Street Parking Standards, Article 3, Development Standards
Exhibit G: Chapter IX, Special Land Use Regulations

3. P
lanning Commission April 13, 2026, Study Session Minutes

4. Ex
cerpt of Draft June 22, 2026 Minutes
-8-
595
Mi
nutes – Costa Mesa Planning Commission Meeting – July 13, 2026- Page 1 RE

GULAR PLANNING COMMISSION
MONDAY, JULY 13, 2026 - MINUTES
CALL TO ORDER - The Regular Planning Commission Meeting was called to order by Chair Harlan at 6:03 p.m.

PL
EDGE OF ALLEGIANCE TO THE FLAG – Commissioner Martinez led the Pledge of Allegiance.

RO

LL CALL

Present: Chair Jeffrey Harlan , Vice Chair Jon Zich, Commissioner Angely Andrade, Commissioner Karen Klepack, Commissioner David Martinez , and Commissioner Johnny Rojas
Abs
ent: Commissioner Robert Dickson,
ANNO
UNCEMENTS AND PRESENTATIONS: None.

PU
BLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA: None.

PLA
NNING COMMISSIONER COMMENTS AND SUGGESTIONS:

Com
missioner Martinez a nnounced the upcoming Concerts in the Park series at Fairview Park and the upcoming community meetings regarding Moon Park and Shalimar Park. He encouraged public participation in the Fairview Developmental Center (FDC) community meeting scheduled for July 23, 2026, at the Norma Hertzog Community Center. He also recognized several successful City events held during May and June, including Bike Month, Pride Month, Neighborhoods Where We All Belong, and the Fish Fry.

Com
missioner Andrade encouraged residents to attend the July 23 FDC community meeting and emphasized the importance of public participation in the planning process.

Com
missioner Rojas commended the City and event organizers for the Fourth of July celebration at the O range County Fairgrounds and welcomed the return of the Orange County Fair.

ATTACHMENT 8
596

Minutes – Costa Mesa Planning Commission Meeting – July 13, 2026- Page 2

CONSENT CALENDAR:

Vice Chair Zich requested that Consent Calendar Item No. 2 be pulled for separate discussion.

1. JUNE 22, 2026 UNOFFICIAL MEETING MINUTES

3. GENERAL PLAN CONFORMITY DETERMINATION FOR PROPOSED EXCESS RIGHT-OF-WAY VACATION EABN -26-0001 ADJACENT TO 405 EAST 19TH STREET

MOVED/SECOND: MARTINEZ/ZICH
MOTION: Move the balance of Consent Calendar items.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas
Nays: None

Absent: Commissioner Dickson
Recused: None
Motion carried: 6-0

ACTION:

Planning Commission approved Consent Calendar Items No. 1 and No. 3.

2. GENERAL PLAN CONFORMITY DETERMINATION FOR PROPOSED EXCESS RIGHT-OF-WAY VACATION EABN -26-0002 ADJACENT TO 296 EAST 19TH STREET

Vice Chair Zich asked questions regarding the original roadway width of East 19th Street; whether future roadway widening is anticipated; bicycle facilities planned for the corridor; and notification of neighboring property owners regarding potential right-of-way vacations.

City Engineer Mr. Yang responded that there are no plans to widen East 19th Street; Class III shared bicycle facilities (sharrows) are anticipated rather than dedicated bike lanes; and similar right -of-way vacations are generally initiated upon property owner request rather than by City outreach.

No public comments were received.

MOVED/SECOND: MARTINEZ/ZICH
MOTION: Move the item.

The motion carried by the following roll call vote:
597

Minutes – Costa Mesa Planning Commission Meeting – July 13, 2026- Page 3

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas
Nays: None

Absent: Commissioner Dickson
Recused: None
Motion carried: 6-0

ACTION:

Planning Commission approved Consent Calendar Item No. 2.

PUBLIC HEARINGS:

1. CONDITIONAL USE PERMIT (PCUP -26-0005) TO ALLOW THE SALE OF ALCOHOL FOR ON-SITE CONSUMPTION UNTIL 12:00 A.M. WITHIN 200 FEET OF A RESIDENTIAL ZONE FOR A RESTAURANT (THREE EYED TIGER) AT 2930 BRISTOL STREET, UNIT B60

Presentation by Assistant Planner, Justin Arios.

David See, applicant’s representative, stated he has read the staff report and agreed to the conditions o f approval. He introduced Greg Hendrix , General Manager from Jumpstart, for the proposed location, who was there for questions.

No public comments.

Commission comments:

Commissioners spoke in support of the project, noting its family -oriented nature, the adaptive reuse of a vacant commercial space, increased economic activity, and additional recreational opportunities for Costa Mesa families.

MOVED/SECOND: MARTINEZ/ANDRADE
MOTION: Move staff’s recommendation.