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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 26-369 Meeting Date: 9/1/2026
TITLE: ADOPTION OF AN ORDINANCE 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- ZONING CODE AMENDMENT (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 that the City Council adopt Ordinance No. 2026-07, approving revisions to Title 13 of the Costa Mesa Municipal Code ( Zoning 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.
BACKGROUND:
On June 22, 2026, and July 13, 2026, the Planning Commission reviewed the proposed revisions to the Zoning Code. The Planning Commission supported the ordinance and voted 6-0 (Commissioner Dickson was absent) to recommend that the City Council adopt the proposed ordinance. Agenda details for the meetings are found in the following link:
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=
At its regular meeting of August 4, 2026, the City Council conducted a legally noticed meeting and introduced on first reading an ordinance amending Costa Mesa Municipal Code Title 13 to establish clear 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. At the meeting, the City Council noted support for the effort and look forward to future similar amendments . The City Council voted unanimously to introduce for first 957
Item #: 26-369 Meeting Date: 9/1/2026
reading, by title only, Ordinance No. 2026-07. See the links below for the August 4, 2026, City Council Agenda Report and video:
August 4, 2026, Agenda Report
https://costamesa.legistar.com/LegislationDetail.aspx?ID=8155418&GUID=31B92EF6-3D89-46E9- 80CA-43D51F593F33&Options=&Search=
August 4, 2026, City Council Video
https://costamesa.granicus.com/player/clip/4417?view_id=14&redirect=true
ANALYSIS:
Ordinance No. 2026-07 is included as Attachment 1 to this report. The Ordinance is being presented for adoption. If adopted, the Ordinance would become effective 30 days after adoption.
ENVIRONMENTAL DETERMINATION
The adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the common- sense exemption. This exemption is typically applied to procedural -only code amendments in which no increase in density is created, no new land uses are authorized, and no reasonably foreseeable physical change to the environment could occur. The proposed Ordinance
fits squarely within this category. It establishes a ministerial review process and objective standards for two-unit residential developments on parcels already zoned for residential use, and it does not expand the range of permitted uses or increase allowable density beyond what is already established under the General Plan and existing zoning regulations. The Ordinance also does not authorize construction on any specific site or grant any development entitlement; rather, it simply streamlines the review process by removing discretionary hearings and clarifying procedural steps. Any future project would remain subject to ministerial review and would be independently responsible for demonstrating eligibility for any applicable CEQA exemption. Because the Or
dinance is limited to procedural changes and has no potential to result in a reasonably foreseeable physical impact on the environment, it is exempt under CEQA Guidelines Section 15061(b)(3).
ALTERNATIVES:
The City Council may adopt the Ordinance as proposed, modify the Ordinance, or not adopt the Ordinance. If the City Council chooses to make substantive modifications to the Ordinance after introduction, the modified Ordinance would need to be brought back at a future meeting adoption.
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:
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Item #: 26-369 Meeting Date: 9/1/2026
The proposed Ordinance and report have been prepared in conjunction with and review by the City Attorney’s Office.
PUBLIC NOTICE:
Pursuant to Government Code section 65854(a), a public notice was published once in the Daily Pilot newspaper on July 24, 2026, meeting the minimum 10 days prior to the August 4, 2026, public hearing.
Any public comments received for the September 1, 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:
Staff recommends that the City Council adopt Ordinance No. 202 6-07 approving Code Amendment PCTY-26-0001 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.
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ATTACHMENT 1
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ORDINANCE NO. 2026-07
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
STUDIOS, ACTIVE ENTERTAINMENT USES, EVENT CENTERS AND ASSEMBLY
USES, FITNESS USES, AND OTHER NON -RESIDENTIAL USES AND STANDARDS (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 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 960
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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 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 August 4, 2026 with all persons having the opportunity to speak for and against the amendments; and
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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:
• 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.
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Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 5. Ce rtification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
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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:
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.
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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 s
ame 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-
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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-
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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-
974
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-
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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 z
oned 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-
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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—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).
Resi
dential, 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
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
requir
ements 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 tra
ffic
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-
986
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
requir
ements 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 tra
ffic
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 -23-
987
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 • • •
-24-
988
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 a lso
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-
989
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
• • • • • • • • • • • • • • • • • • • • • •
-26-
990
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-
991
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-
992
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
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
• • • •
77. Event Center
(subject to the
• • • • • • C C C C C C • • • C C C • • • •
-29-
993
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-
994
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 chemical
products, paints,
pharmaceuticals,
and plastics
• • • • • • • • • • C2 C2 • • • • • C2 • • • •
92. Manufacturing of
stone, clay, glass and
concrete products
EXCEPT the
following which are
prohibited:
• Manufacture of
flat glass
• Manufacture of
cement and
structural clay
products
• Manufacture of
concrete, gypsum
and plaster
products
• Manufacture of
• • • • • • • • • • P2
P2
• • • • • P2
• • • •
-31-
995
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-
996
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 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
• • • • • • P P P P P P • • • • P P • • • •
-33-
997
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
chapter IX, article 3,
concurrent sale of
alcoholic beverages
and motor vehicle
fuel)
• • • • • • C2 C2 C2 • • • • • • • C2 • • • • •
106. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), not within
200 feet of residential
zone (subject to
subsection 13-54(b))
• • • • • • P P P • P P • • • • P P • • • •
107. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), within 200
feet of residential
zone (subject to
subsection 13-54(b))
• • • • • • C C C • C C • • • • C C • • • •
108. Nurseries (retail
with no bulk fertilizer)
• • • • • C C P P • C C • • • • • • • • • •
109. Offices: central
administrative
• • • • P P P P P P P P • • • • P P • • • •
110. Offices:
engineering;
architectural; and
surveying services;
management;
consulting and public
• • • • P P P P P P P P • MC MC MC P P • • • •
-34-
998
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 • • • • 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-
999
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
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
• • • • • 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-
1000
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-
1001
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
Chapter IX Article 24,
Group
Instruction/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-
1002
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
poultry—See also
Storage
• • • • • • • • • • P P • • • • • P • • • •
153. Wholesale trade
of motor vehicles,
boats and
motorcycles with
outdoor storage of
vehicles
• • • • • • C C C C C C • • • • C C • • • •
154. Wholesale trade
of motor vehicles,
boats and
motorcycles without
outdoor storage of
vehicles
• • • • • MC MC P P P P P • P P P P P • • • •
155. Wholesale trade
of durable,
nondurable goods,
except livestock,
poultry and
perishable goods
• • • • • MC MC P P P P P • P P P P P • • • •
Notes:
1 Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated in this matrix, if the proposed use is determined to be compatible with the adopted master plan. Residential uses shall not be permitted on any site or parcel of land on which residential uses are expressly prohibited by the general plan.
2 This use is subject to the requirements of the referenced Municipal Code article or section. -39-
1003
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. (Or
d. 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-
1004
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-
1005
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-
1006
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-
1007
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-
1008
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-
1009
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-
1010
(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-
1011
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-
1012
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
-49-
1013
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) Parking. Par king 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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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.
ATTACHMENT 3
REFERENCE ONLY
1025
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 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 -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-
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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.
For R-1 zoned property located on corner lots, the front property line may be the property line towards which the front of the dwelling unit is oriented.
Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line.
Irregularly shaped lots may also have more than one rear property line.
Property line, side. Any property line which is not a front or rear property line.
Property line, ultimate. The boundary of a lot after the dedication of land for use as public right(s) -of-way, whether dedicated in fee or by easement. A setback is measured from the ultimate property line.
Public area. Establishments where food or beverages are served. That portion of an establishment reserved for the exclusive use of the public for the receipt or consumption of food and/or beverages. For the purpose of this Zoning Code, public area shall not include restrooms, kitchens, hallways or other areas restricted to employees only.
Public hearing. A public proceeding conducted for the purpose of acquiring information or evidence which may be considered in evaluating a proposed action, and which affords to any affected person or persons the opportunity to present their views, opinions, and information on such proposed applications. "Mandatory hearings" are those required to be held by law, and "discretionary hearings" are those which may be held within the sole discretion of the hearing body.
Public right-of-way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.
Recyclable materials. Reusable materials, including, but not limited to, metals, glass, 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-
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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-
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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-
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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.
(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- -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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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-396 Meeting Date: 9/1/2026
TITLE:
ADOPTION OF THE AGREEMENTS FOR SUCCESSOR MEMORANDA OF UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA (CITY) AND THE COSTA MESA POLICE
ASSOCIATION (CMPA), THE COSTA MESA POLICE MANAGEMENT ASSOCIATION (CMPMA),
THE COSTA MESA CITY EMPLOYEES ASSOCIATION (CMCEA) AND THE CONFIDENTIAL UNIT
AND THE ADOPTION OF ACCOMPANYING SALARY RESOLUTIONS, AND CMCEA ANNUAL
COMPENSATIONS UPDATES
DEPARTMENT: CITY MANAGER’S OFFICE- HUMAN RESOURCES DIVISION PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER (714) 754- 5169
RECOMMENDATION:
Staff recommends the City Council:
1. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMPA (Attachment 1).
2. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMPMA (Attachment 2).
3. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMCEA (Attachment 3).
4. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for CMPA (Attachment 4).
5. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for CMPMA (Attachment 5).
6. Approve and Adopt Resolutions Number 2026-XX and 2026-XX revising the pay ranges for CMCEA (Attachments 6 and 7).
7. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for the Confidential Unit (Attachment 8).
8. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for Deputy Police Chief (Attachment 9)
9. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for Police Recruit
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File #: 26-396 Meeting Date: 9/1/2026
9. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for Police Recruit (Attachment 10).
10. Approve and Adopt Resolution Number 2026-XX revising the pay range for Reserve Senior Public Safety Dispatcher (Attachment 11).
11. Authorize the City Manager and members of the City’s Negotiation Team to execute the Memoranda of Agreement documents.
BACKGROUND:
The current Memoranda of Understanding (MOU) for Costa Mesa Police Association (CMPA), Costa Mesa Police Management Association (CMPMA), and Costa Mesa City Employees Association (CMCEA) expired on June 30, 2026. Representatives from CMPA, CMPMA, and CMCEA requested the City begin discussions on a successor MOU.
The City’snegotiation team held a series of collaborative and productive meetings with each unit’s negotiation team, which resulted in the attached tentative Agreements. (Attachments 1 - 3) As a result of the proposed MOUs, staff is also proposing salary adjustments for various positions in the Police Department.
Additionally, the CMCEA MOU contains a provision for CMCEA to request up to five (5) compensation inequity and five (5) classification studies each year. This allows for five (5) classifications in this bargaining unit to be analyzed by Human Resources. Staff have completed the CMCEA requested compensation-inequity studies for 2026, resulting in recommended market adjustments for five classifications.
ANALYSIS:
The following are the key provisions of the negotiated Agreements for each unit:
CMPA
· Term of Agreement
o July 1, 2026 - June 30, 2028
· Salaries and Wages
o Effective the payroll that includes July 1, 2026, a 2% increase o Effective the payroll that includes January 1, 2027, a 2% increase o Effective the payroll that includes July 1, 2027, a 2% increase o Effective the payroll that includes January 1, 2028, a 2% increase · Restructure of the Police Sergeant Salary Range
o Effective the payroll period that includes July 1, 2026 - restructure of the Police Sergeant salary range from its current seven (7) step structure to a new five (5) step structure.
o This new structure eliminates the 1st four steps of the current structure, which are no
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longer in use and adds two additional steps (5% each) to the top of the range. · Health Contribution
o Effective the pay period that includes May 1, 2027, a $200 monthly increase to the City’s contribution towards the flexible benefit for a total of $2,619 per month. · Court Compensation (Standby/On-Call/Court Appearance) o Memorializes current process and procedures for off-duty employees who are subpoenaed for court and placed on standby for morning and afternoon court sessions and for court appearance.
o Effective the pay period that includes July 1, 2026, increase from one- and one-half hours (1.5) to two hours (2.0) when an employee is required to be on standby during off duty hours on a regularly scheduled work day.
· Bilingual Pay
o Effective the pay period that includes July 1, 2026 - conversion of bilingual pay from a flat rate based on top step Sr. Police Officer (currently an inactivate classification) to
2.5% or 5% of base salary (depending on proficiency)
· Shift Differential Pay
o Effective July 1, 2026, employees who are assigned to work an AM patrol shift shall receive shift differential of 3.0% of base salary for all hours worked on their assigned shift.
o Shift Differential also applies to the AM workday for employees assigned to work the Waterfall shift (shift where an employee works a Day, AM and PM shift on each workweek)
· Uniform Allowance
o Effective July 1, 2026, a $500 annual increase for employees who are assigned to plain clothes assignments for a total of $1,000 annually.
CMPMA
· Term of Agreement
o July 1, 2026 - June 30, 2028
· Salaries and Wages
o Effective the payroll that includes July 1, 2026, a 2% increase o Effective the payroll that includes January 1, 2027, a 2% increase o Effective the payroll that includes July 1, 2027, a 2% increase o Effective the payroll that includes January 1, 2028, a 2% increase o
· Restructure of the Police Lieutenant Salary Range
o Effective the payroll period that includes July 1, 2026 - restructure of the Police Lieutenant salary range from its current seven (7) step structure to a new four (4) step
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structure and includes a 10.25% differential from Step 4 of Police Sergeant salary range.
o Effective the payroll period that includes July 1, 2027 - restructure of the Police Lieutenant salary range from its current four (4) step structure to a new three (3) step structure by eliminating Step 1 and includes a 10.25% differential from Step 5 of Police Sergeant salary range.
· Health Contribution
o Effective the pay period that includes July 1, 2027, a $200 monthly increase to the City’s contribution towards the flexible benefit for a total of $2,619 per month. · Retiree Health Savings
o Effective the pay period that includes January 1, 2027, an increase of one percent (1%) City contribution for a total of two percent (2%).
· Deferred Compensation
o Effective the pay period that includes January 1, 2027, contributions towards the City’s 401(a) deferred compensation plan will be converted to the City’s 457 deferred compensation plan.
o Effective the pay period that includes January 1, 2027, an addition of one percent (1%) City contribution for Police Lieutenant and increase of half a percent (0.5%) City contribution for Police Captain for a total of two percent (2%) towards the 457 deferred compensation plan for all employees.
· Overtime
o Effective the pay period that includes July 1, 2026, increase from straight time to time and a half when overtime is necessary due to Department needs. · Bilingual Pay
o Effective the pay period that includes July 1, 2026, conversion of bilingual pay from a flat rate based on top step Sr. Police Officer (currently an inactive classification) to 2.5% or 5% of base salary (depending on proficiency)
· Sick Leave Accrual
o Effective the pay period that includes July 1, 2026, employees who promote into the unit will retain their current balances and accrual rates. · Uniform Allowance
o Effective July 1, 2026, a $500 annual increase for employees who are assigned to plain clothes assignments for a total of $1,000 annually.
CMCEA*
*The provisions below will also apply to non-represented Confidential employees · Term of Agreement
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o July 1, 2026 - June 30, 2028
· Salaries and Wages
o Effective the payroll that includes July 1, 2026, a 3% increase o Effective the payroll that includes July 1, 2027, a 3% increase o The CMCEA salary resolution (Attachments 6 and 7) will also include the adjustments resulting from the annual CMCEA compensation study requests and addition of the new Planning Technician and Senior Permit Technician classifications that were included in the adopted FY 2026/2027 budget.
· Health Contribution
o Effective the pay period that includes January 1, 2027, a $200 increase to the City’s contribution towards the flexible benefit for a new total of $2,000 per month. o Effective the pay period that includes January 1, 2028, a $200 increase to the City’s contribution towards the flexible benefit for a new total of $2,200 per month.
The CMPA, CMPMA, and CMCEA negotiating teams have tentatively agreed to the above provisions, and the ratification process for all groups has been completed.
The new MOUs incorporate the newly negotiated provisions along with mutually agreed upon “clean up” of provisions that are either outdated or in need of modification, including language updates to comply with the California Public Employees Retirement System requirements.
ADDITIONAL COMPENSATION UPDATES
The Human Resources Division is also recommending the following adjustments:
o Deputy Police Chief: Recommend a one and sixty-five one hundredths percent (1.65%) adjustment effective the pay period that includes July 1, 2026 and two percent (2%) adjustment effective the pay period that includes January 1, 2027 to adjust for internal compaction with the Police Captain classification.
o Police Recruit: Recommend adjustments of two percent (2%) in July and January of each year to align with salary adjustments for CMPA. Per council resolution, Police Recruit is set at
16.3% below Step 1 Police Officer.
o Reserve Public Safety Dispatcher: Recommend adjustments of three percent (3%) in July of each year to align with CMCEA in order to adjust for internal compaction within the Public Safety Dispatcher classification series.
CMCEA ANNUAL COMPENSATION & CLASSIFICATION UPDATES
The CMCEA MOU contains a provision for CMCEA to request up to five (5) compensation inequity and five (5) classification studies each year. This allows for five (5) classifications in this bargaining unit to be analyzed by Human Resources to identify whether there are discrepancies in compensation relative to the prevailing market. A classification update may also be needed based on the duties and functions being performed by the incumbent(s). Classification studies may also result in a recommendation to adjust compensation. For 2026, CMCEA requested compensation-inequity
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studies resulting in recommended market adjustments for the following five classifications:
1. Accounting Specialist I - 10.68%*
2. Assistant Engineer - 8.92%
3. Buyer - 16.39%
4. Permit Processing Specialist - 12.97%
5. Senior Engineer - 8.38%
*Includes adjustment to Accounting Specialist II and Business License Inspector due to internal alignment and compaction
There are also classification studies for the Arts Specialist, Crime Scene Investigator, Maintenance Series, Park Ranger and Recreation Specialist classifications that are pending final recommendation.
Should these studies result in compensation or classification adjustment recommendations, these recommendations will be brought forward for City Council review and approval at a future Council meeting.
ALTERNATIVES:
The parties to these agreements considered a variety of issues in the context of good faith negotiations in accordance with Government Code section 3500, et seq. (Meyer-Milias-Brown Act).
The CMPA, CMPMA and CMCEA members have ratified the tentative agreements. These Agreements represent the successful conclusion of labor negotiations, and alternatives need not be considered as a result of collaborative efforts expended.
FISCAL REVIEW:
Fiscal Impact Analyses were prepared pursuant to the City Council Policy 300-8 Transparency in Labor Negotiations, and certified by LSL, the City’sexternal auditor. The FY 2026/27 estimated fiscal impact for each labor group is: CMPA is $1,014,385, CMPMA at $163,093, CMCEA at $1,551,894, and CMCEA-Confidential at $194,740. The FY 2026/27 estimated fiscal impact for the adjustment for Deputy Police Chief is $11,078 and Reserve Senior Public Safety Dispatcher is $7,957. There is no fiscal impact for Police Recruit as their salaries and benefits are included as part of the Police Officer classification salary and benefits. The FY 2026/27 estimated fiscal impact for the 2026 annual CMCEA compensation studies is $275,316. The fiscal impact of the tentative agreements and additional adjustments, including the annual CMCEA compensation studies were included in the FY 2026/27 Adopted Budget. The Fiscal Year 2027/28 impact is approximately $3.7 million.
LEGAL REVIEW:
The City’s special counsel, Liebert Cassidy Whitmore (LCW), and City Attorney’s Office have reviewed the agreements, resolutions and this report and approved them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
The proposed Agreements and salary range adjustments support the City’sStrategic Plan Goals to Recruit and Retain High Quality Staff and Strengthen the Public’sSafety and Improve the Quality of Life.
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CONCLUSION:
Staff recommends the City Council:
1. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMPA (Attachment 1).
2. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMPMA (Attachment 2).
3. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMCEA (Attachment 3).
4. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for CMPA (Attachment 4).
5. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for CMPMA (Attachment 5).
6. Approve and Adopt Resolutions Number 2026-XX and 2026-XX revising the pay ranges for CMCEA (Attachments 6 and 7).
7. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for the Confidential Unit (Attachment 8).
8. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for Deputy Police Chief (Attachment 9)
9. Approve and Adopt Resolution Number 2026-XX revising the pay ranges for Police Recruit (Attachment 10).
10. Approve and Adopt Resolution Number 2026-XX revising the pay range for Reserve Senior Public Safety Dispatcher (Attachment 11).
11. Authorize the City Manager and members of the City’s Negotiation Team to execute the Memoranda of Agreement documents.
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MEMORANDUM
OF UNDERSTANDING
B
etween The Representatives of
The Costa Mesa Police Association
And The City of Costa Mesa
2026
2028
ATTACHMENT 1
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TABLE OF CONTENTS PAGE
ARTICLE 1 RECOGNITION/PREAMBLE 3
ARTICLE 2 TERM OF AGREEMENT 4
ARTICLE 3 BASIC SALARIES AND WAGES 4
ARTICLE 4 DEFERRED COMPENSATION 5
ARTICLE 5 HEALTH INSURANCE 5
ARTICLE 6 RETIREMENT 7
ARTICLE 7 RETIREE MEDICAL 9
ARTICLE 8 BENEFIT REVIEW COMMITTEE 9
ARTICLE 9 DRUG AND ALCOHOL TESTING POLICY 9
ARTICLE 10 P.O.S.T. INCENTIVE PROGRAM 9
ARTICLE 11 TUITION REIMBURSEMENT 10
ARTICLE 12 OVERTIME PAY 10
ARTICLE 13 COURT COMPENSATION 12
ARTICLE 14 SPECIALTY ASSIGNMENT PAY 13
ARTICLE 15 RECRUITMENT AND RETENTION INCENTIVE PAY 16 ARTICLE 16 VACATION LEAVE 17
ARTICLE 17 SICK LEAVE 19
ARTICLE 18 BEREAVEMENT LEAVE 19
ARTICLE 19 LONG TERM DISABILITY 20
ARTICLE 20 LAYOFF PROCEDURES 20
ARTICLE 21 DISCIPLINE 20
ARTICLE 22 GRIEVANCE PROCEDURES 26
ARTICLE 23 SENIOR POLICE OFFICER CLASSIFICATION 29
ARTICLE 24 HOLIDAY PAY 29
ARTICLE 25 UNIFORM MAINTENANCE ALLOWANCE 21
ARTICLE 26 SENIORITY 31
ARTICLE 27 WORK SCHEDULES 31
ARTICLE 28 SCHEDULING 31
ARTICLE 29 PROHIBITION OF TOBACCO 32
ARTICLE 30 RETURN TO WORK 33
APPENDIX A ADMINISTRATIVE REGULATION 2.5 - TEMPORARY LIMITED/ 34
MODIFIED DUTY
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ARTICLE 1 - RECOGNITION/PREAMBLE
1.1 By resolution of the City Council of the City of Costa Mesa, and pursuant to the provisions of the Meyers-Milias-Brown Act, California Government Code Section 3500, et seq., the City of Costa Mesa (hereinafter referred to as “City”) recognizes the Costa Mesa Police Association (hereinafter referred to as “Association” or “CMPA”) as the exclusive representative and the agent for collective bargaining purposes of the sworn police officers employed in the C osta Mesa Police Department in the job classifications of Police Officer and Police Sergeant, excluding all non-sworn employees of said Police Department.
1.2 This Memorandum of Understanding (“ MOU”) has been prepared by representatives of the City and representatives of the Association who have met and conferred in good faith, examining a number of proposals and counter proposals concerning wages, hours of employment, working conditions, fringe benefits and other terms and conditions of employment for t he sworn officers of the Costa Mesa Police Department as defined herein. The Parties to this MOU are the City and the Association, which are jointly recognized and referred to herein below as the “Parties.”
1.3 It is the mutual understanding of the City and the Association that this MOU shall be submitted to the Costa Mesa City Council upon the joint recommendations of the Parties that this MOU be adopted, the City Council will consider the MOU in accordance with Ordinance 12- 7, the COIN Ordinance and thereafter will take such action as may be needed to implement this agreement and its provisions.
1.4 The City and the Association hereby acknowledge that the terms of this MOU may not cover all terms of employment relating to wages, hours and condition s of employment at the City of Costa Mesa.
These parties further acknowledge that any term or condition of employment which is not expressly covered herein, but is expressly covered by existing ordinances, resolutions, policies and regulations of the City, including the Personnel Rules and Regulations presently in effect, shall be controlled by the existing provisions of said ordinances, resolutions, policies, and regulations to the extent that said policies and regulations do not change, abrogate, modify or amend any express term of this MOU All other terms and conditions of employment in effect at the time of execution of this MOU shall remain status quo during the term hereof, unless such a term or condition is excepted from collective bargaining and the scope of representation as set forth in California Government Code 3504 or constitutes an emergency matter as set forth in California Government Code 3504.5.
1.5 If any portion of this MOU is found to be unlawful, in conflict or inconsistent with existing laws, regulations, or ordinances; or determined to be invalid or unenforceable by an administrative or judicial tribunal with competent jurisdiction, such portion or part of the MOU shall be superseded and not enforced.
The remainder of this MOU shall continue in full force and effect, and shall be enforced through the term of the agreement pursuant to Government Code Section 3500, et seq.
1.6 For the term of this MOU neither the City nor the Association shall be compelled t o meet and confer with the other concerning any issue which is expressly agreed to herein. Each Party to the MOU. hereby expressly waives its right to demand that the other Party meet and confer concerning any issue expressly agreed to herein. However, nothing in this MOU shall prohibit these Parties from meeting and conferring over any expressly agreed issue herein, if, and only if, both Parties hereto mutually agree to do so.
1.7 Continuous, uninterrupted and efficient service to the community by the City and its employees, and orde rly employer -employee relations are essential considerations of this MOU. Accordingly, the Association agrees, on behalf of itself and its members, individually and collectively, that there shall not be any strikes, “sick -outs,” non-informational picketing, boycotting, work stoppages, slow -down strikes, or 1052
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any other concerted job action or refusal to render services, including overtime or any other curtailment or restriction of work and service at any time during the term of this MOU.
1.8 The Association recognizes its duty and obligation to comply with the provisions of Section 1.8 of this MOU, and shall make every reasonable effort to assure that all employees covered by this MOU similarly do so. In the event of any concerted activity by employees in contravention to the provisions or intent of Section 1. 6, the Association her eby agrees to direct its members to cease any such actions or activities forthwith. No employee covered by this MOU shall be entitled to any benefits or wages whatsoever while engaged in any activities or actions prohibited by Section 1.8 of the MOU.
1.9 During the term of this MOU, the parties agree either side can propose MOU language to clean up provisions which are either outdated or in need of modification. Any language changes must be mutually agreeable.
ARTICLE 2 - TERM OF AGREEMENT
2.1 The term of this MOU will commence on July 1, 2026 , and expire in the pay period that includes June 30, 2028.
ARTICLE 3 - BASIC SALARIES AND WAGES
3.1. BASE SALARY
Employees covered by this MOU shall be compensated at the monthly base salary rates established for their classification under the Basic Pay Schedule per City Council resolution. An employee occupying a position in the classified service shall be compensated within the range established for their position. The minimum rate for the class generally shall apply to an employee upon their original appointment. Employees who are re-employed shall receive a rate within the range established for the class and agreed upon by the appointing authority and the employee prior to appointment.
• Effective the pay period that includes July 1, 2026, two percent ( 2.0%) increase for all classifications subject to this MOU.
• Effective the pay period that includes January 1, 2027, two percent (2.0%) increase for all classifications subject to this MOU.
• Effective the pay period that includes July 1, 2027, two percent (2.0%) increase for all classifications subject to this MOU.
Effective the pay period that includes January 1, 2028, tw o percent (2.0%) increase for all classifications subject to this MOU.
3.2 POLICE SERGEANT PAY RANGE RESTRUCTURE
Effective the pay period that includes July 1, 2026, the Police Sergeant pay range shall be increased per Article 3.1 and restructured from its current seven (7) step structure to a five (5) step structure:
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A. The current Step 5 shall serve as Step 1 in the revised step structure.
B. The current Step 6 shall serve as Step 2 in the revised step structure.
C. The current Step 7 shall serve as Step 3 in the revised step structure.
D. A new Step 4 will be added at five percent (5%) above Step 3.
E. A new Step 5 will be added at five percent (5%) above Step 4.
Effective the pay period that includes July 1, 2026, employees in the Police Sergeant classification shall be placed into the revised step structure as follows:
A. Employees currently at Step 5 shall be placed at Step 1 of the revised structure. Employees shall be eligible to progress to Step 2 and subsequent steps upon their anniversary date.
B. Employees currently at Step 6 shall be placed at Step 2 of the revised structure. Employees shall be eligible to progress to Step 3 and subsequent steps upon their anniversary date.
C. Employees currently at Step 7, who have been at Step 7 for fewer than 12 months, shall be placed at Step 3 of the revised structure. Employees shall be eligible to progress to Step 4 and subsequent steps upon their anniversary date.
D. Employees currently at Step 7, who have been at Step 7 for more than 12 months, shall be placed at Step 4 of the revised structure. Employees shall be eligible to progress to Step 5 effective the pay period that includes July 1, 2027.
Employees appointed to the Police Sergeant classification after July 1, 2026, shall be placed at Step 1 upon appointment.
ARTICLE 4 - DEFERRED COMPENSATION
4.1 DEFERRED COMPENSATION
The City will make a contribution to the City’s 457(b) provider that will equal one half of one percent (0.5%) of each employee’s base salary. Employees are responsible for tracking contributions to ensure that total contributions made by the City and employee do not exceed the maximum allowable contributions as per the IRS. City contributions are per year only. As such, they expire on the last payroll of the calendar year.
ARTICLE 5 - HEALTH INSURANCE
5.1 IRS SECTION 125 BENEFIT PLAN
The City shall provide the amount listed below toward the payment of premiums under an IRS Section 125 Benefit Plan. The City may also offer other pre-tax benefits.
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5.2 PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT
The City contracts with the Cali fornia Public Employees’ Retirement System (“CalPERS”) for medical insurance pursuant to the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). The City will contribute the annual CalPERS statutory minimum on behalf of each participant in the program, which is included in the amount of the City’s contribution to the flexible benefit account (i.e., the Section 125 Benefit Plan) described below. Eligible employees may select any of the medical insurance plans offered by CalPERS.
5.3 MANDATORY BENEFITS
Employees must use a portion of the City contribution to pay for life insurance and long term disability.
Employees also must enroll in medical insurance unless the employee meets the eligible opt out requirements to receive cash in lieu.
5.4 QUALIFICATION FOR FLEX CONTRIBUTION
Employees must receive compensation for the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the employee records absence without pay hours within the pay period except for the following reasons:
• If an employee exhausts his/her accrued leaves prior to the end of the pay period, he/she shall receive the flex contribution for that pay period.
• Disciplinary actions will not apply to this article/qualification i.e., suspensions without pay.
5.5. CONTRIBUTION AMOUNT
Effective the pay period that includes May 1, 2027, for those employees who enroll in City offered coverage, the City’s contribution towards each employee’s flexible benefit account is $2,619 per month. This amount is inclusive of the CalPERS statutory minimum amount for each month. An employee who selects benefits which cost less than the dol lars contributed by the City (which also requires the employee to select life insurance and long term disability per Article 5 .3) shall receive the remainder of the flexible benefit contribution in cash up to a maximum of $1,060.00 per month.
5.6 WAIVER OF INSURANCE
An employee may opt out of medical coverage offered by the City and receive cash in lieu only if the employee provides before the start of each plan year, an attestation that the employee and his or her tax family have minimum essentia l coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year. The City will not pay cash in lieu if the City knows or has reason to know that the employee or an indi vidual in the employee’s tax family does not have the required alternative coverage.
Any employee in the unit who meets the requirements to opt out of medical coverage can receive $1,060.00 per month as cash subject to tax withholdings. Those employees who meet the requirements and opt out of medical coverage will still receive an employer contribution to cover the mandatory life and disability insurance benefits.
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ARTICLE 6 - RETIREMENT
6.1 CALPERS
The City contracts with CalPERS for retirement benefits.
A. Employees Who Are Not “New Members” as Defined by Government Code Section 7522.04(f) – i.e., “Classic Members”
1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula as set forth in California Government Code Section 21362.2 for all employees covered by this MOU hired before December 31, 2012, or lateral employees hired after that date who qua lify as “classic members” under the Public Employees’ Pension Reform Act of 2013 (“PEPRA”).
2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for these employees per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the twelve (12) consecutive months selected by the employee or not selected, the employee’s last twelve (12) months of employment.
3. Payment of Employee/Member Contribution:
a. Employees Subject to the 3%@50 formula: These employees will pay the full CalPERS member contribution equal to nine percent (9%) of compensation earnable towards their CalPERS member contribution. As a result, the City pays and reports zero percent (0 %) of compensation earnable as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.
4. Cost Sharing: Classic member employees subject to the 3%@50 formula currently pay an additional five percent (5%) of compensation earnable as cost sharing into their employee account with CalPERS in accordance with Government Code section 20516(a).
Effective the pay period that includes July 1, 2023, for Classic member employees subject to the 3%@50 formula, cost sharing per Government Code se ction 20516(a) will be reduced by one and one quarter percent (1.25%) for a net contribution of three and three quarters’ percent (3.75%) per Government Code section 20516(a). When this three and three quarters’ percent (3.75%) is added to the employees’ p ayment of nine percent (9%) towards their member contribution, employees shall pay 12.75% compensation earnable towards their pension.
B. For “New Member” Employees
1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ 57 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.25(d).
2. Retirement Benefit Calculation Period: These employees’ final compensation will be based on the highest annual average com pensation earnable during the three 1056
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consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).
3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one- half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount will be determined by CalPERS in the future.
Effective the pay period that includes July 1, 2023, for new member employees subject to the 2.7%@57 formula, if one -half of the CalPERS’ annual normal cost rate goes below 12.75% (and it is rounded by CalPERS to the nearest one-quarter of a percent), new member employees subject to the 2.7%@57 formula shall pay the difference between the one -half of the total normal cost rate and 12.75% of compensation earnable as cost sharing pursuant to Government Code section 20516(f).
Effective the pay period that includes July 1, 2023, for new member employees subject to the 2.7%@57 formula, if one-half of the CalPERS’ annual normal cost rate exceeds
12.75% (and it is rounded by CalPERS to the nearest one -quarter of a percent), the City will contribute the amo unt above 12.75% to the deferred compensation account (per IRS Code section 457(b)) of each new member.
C. Adoption of the IRS Code section 414(h)(2) Resolution: The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
6.2 CALPERS CONTRACT
The City will continue to provide pension benefits to represented employees in accordance with the CalPERS contract in effect on the effective date of this MOU. The City's contract with CalPERS for employees covered by this MOU includes the following options:
• Section 20042 (One Year Final Compensation, only applies to classic member employees) • Section 20516 (Employee Cost Share, only applies to classic member employees) • Section 20965 (Credit for Unused Sick Leave)
• Sections 21624/ (Post-Retirement Survivor Allowance, only applies classic member 21626 employees)
• Section 21620 (Retired Death Benefit of $500)
• Section 21329 (COLA of 2%)
• Section 21362.2 (3% @ 50 Benefit Formula, only applies to classic member employees) • Section 20903 (Two Years Additional Service – Golden Handshake) • Section 21635 (Post-Retirement Survivor Allowance Continues After Remarriage) • Section 21573 (Third Level of 1959 Survivor Benefits) • Section 21551 (Death Benefit Continues After Remarriage) • Section 20055 (Credit for Service Before CalPERS Contract) • Section 20938 (Limited Prior Service Credit to Employees on Contract Date) • Section 21536 (Local System Service Credit for Basic Death Benefit) • Section 20481 (Transfer of Local System Assets to CalPERS) • Section 21024 (Military Stats 76)
• Section 21023.5 (Peace Corps/AmeriCorps Service)
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• Section 21027 (Military Retiree)
• IRC 414(h)(2) (Pre-tax payroll deduction plan for member contributions and service credit purchase)
ARTICLE 7 - RETIREE MEDICAL
7.1 The Defined Contribution Retirement Health Savings Plan (“Plan”) went into effect January 1, 2004, and payments made by the City were suspended in 2010. The purpose of the Plan was to establish a tax protected savings program for every full-time employee that will:
• Provide a retiree medical benefit for employees who were hired after January 1, 2004, who will not be eligible for the health insurance contribution under the Council Policy 300-1. • Provided a supplemental benefit to the City contribution under Council Policy 300- 1 f or employees hired before January 1, 2004.
The program requires mandatory participation by all full-time employees. Employees contribute1% of the employee’s base salary towards the plan. The City will contribute 1% of the employee’s base salary towards the plan. The account assets that accumulate, plus investment earnings, will be used in retirement to pay health insurance premiums and other eligible out -of-pocket medical expenses such as deductibles, co - payments, vision care or dental care. Employee contributions plus vested employer contributions are portable if an employee should leave employment with Costa Mesa prior to retirement.
For all employees in the unit, the City will pay the CalPERS statutory minimum for each member of the bargaining unit for retiree medical benefits.
ARTICLE 8 - BENEFIT REVIEW COMMITTEE
8.1 The Association shall maintain two (2) representatives on the City’s Benefit Review Committee.
The Committee continually evaluates the City’s benefit programs and makes recommendations on plan changes, benefit levels, payroll deductions and the addition or deletion of plans.
ARTICLE 9 - DRUG AND ALCOHOL TESTING POLICY
9.1 The Costa Mesa Police Department Drug and Alcohol Testing Policy applies to employees represented by the Association. The Policy permits reasonable suspicion drug and alcohol testing for permanent staff and random testing for probationary employees. The Policy is incorporated into this MOU by reference.
ARTICLE 10 - P.O.S.T. INCENTIVE PROGRAM
10.1 PAY FOR CERTIFICATIONS ISSUED BY THE STATE OF CALIFORNIA COMMISSION ON POLICE OFFICER STANDARDS AND TRAINING (“POST”)
Employees in the Association shall be eligible for additional pay as follows:
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A. Intermediate Certificate
Employees shall receive five percent (5%) of base pay for earning a POST Intermediate Certificate.
B. Advanced Certificate
Employees shall receive 10% of base pay for earning a POST Advanced Certificate.
The POST Certificate pays do not stack. An employee who receives Advanced Certificate Pay of 10% no longer receives the five percent (5%) for the Intermediate Certificate. The parties agree , to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Peace Officer Standard Training ( POST) pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
ARTICLE 11 - TUITION REIMBURSEMENT
11.1 Tuition and/or textbook costs required to complete job-related educational courses which are taken by an employee, and which pertain directly to his or her City employment, may be reimbursed to the employee if reimbursement is recommended by the employee's department director and approved by the Assistant City Manager. An employee requesting tuition reimbursement must obtain prior approval before enrollment per Administrative Regulation 2.1. The employee participating must achieve a passing grade of a “C” or better, Credit/No Credit or a Certificate of Completion and should see that the Human Resources Manager receives a copy, where appropriate, of the employee’s grade(s) before any reimbursement is provided.
11.2 The City will reimburse up to a maximum of $1,250 per fiscal year for qualifying tuition and/or textbook costs . It is the intent of the parties that any units/degrees submitted are accredited by Western Association of Schools and Colleges (WASC, www.wascweb.org), Council for Higher Education Accreditation (CHEA, www.chea.org/directories), or pre-approved by the Chief of Police and Assistant City Manager.
ARTICLE 12 - OVERTIME
12.1 Employees in the unit may earn overtime as provided by the Fair Labor Standards Act (FLSA) or per this MOU.
The City has adopted the 14 day FLSA work period (per Section 7(k) of the FLSA) for employees scheduled to work the 4/10 work schedule and the 28 day FLSA work period for employees scheduled to work the 3/12.5 work schedule. FLSA overtime is defined as overtime earned for actually working in excess of 86 hours in the 14 day FLSA work period (for employees scheduled to work the 4/10 work schedule ) or for working in excess of 171 hours in the 28 day FLSA work period ( for employees scheduled to work the 3/12.5 work schedule). Both of these work periods were established per Section 207(k) of the FLSA.
MOU overtime is overtime earned per this MOU in excess of the requirements of the FLSA. Employees earn MOU overtime when working outside of their regular hours except that employees will not be eligible for MOU overtime during the same 24-hour day in which they have taken or utilized paid leave time (i.e., vacation, sick, holiday, compensatory time) unless the employee receives prior approval from the Chief of Police or designee. If an employee has utilized less than a full shift of paid leave time, the employee will 1059
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only be compensated for overtime pay (1.5) when they exceed their regularly scheduled hours during that work day or shift. MOU overtime is paid at the employee’s base rate of pay.
12.2 Employees will be compensated only for overtime authorized in advance by an appropriate supervisor. Generally, overtime shall be discouraged unless absolutely necessary. An employee may, with the Chief of Police's (or designee’s) approval, accumulate compensatory time to be taken during subsequent pay periods, with departmental approval, up to a maximum accumulation of 80 hours for each employee.
Compensatory time off will be granted upon a reasonable request of the employee, and pursuant to the provisions of Police Manual Section 175 et. al. If reasonable notice is provided it will be granted unless to do so is unduly disruptive as defined by the law. No more than 40 hours of compensatory time may be taken at any one time.
An employee may cash out up to 40 hours of compensatory time on any given pay period except during the month of December . On the first pay day of December each year, employees will be cashed out of all accrued compensatory time which they have on the books.
12.4 The Chief of Police has discretion over the establishment of an overtime policy and procedure that will be implemented if compensatory time off requests reduce staffing below minimum staffing levels. The Chief agrees to meet and consult with CMPA before implementing this overtime policy and procedure.
12.5 A written request for Compensatory Time Off (CTO) shall be made and approved no later than 24 hours prior to the requested time off. The Watch Commander/Team Sergeant of the individual requesting C.T.O. shall approve or deny the request. This policy is subject to suspension in emergency situations or at the discretion of the Chief of Police or his/her designee. Employees assigned to rotating shifts may not submit a CTO request more than 30 calendar days in advance of the shift rotation in which the CTO day off would fall.
12.6 The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the t rade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work. “Paybacks” of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within the shift deploymen t of the initial shift trade.
Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees.
The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. Shift trades are not subject to the grievance procedure. If one individual fails to appear for the other (reg ardless of the reason), the person who was “traded in” will be listed as absent without leave and may be subject to disciplinary action. A record of all initial shift trades and “paybacks” shall be maintained by the involved employees on forms provided by the department (“Shift Trade Log”).
12.7 Fills for overtime shifts shall first be available to full- time members of the Division having the overtime and within the same classification, Police Officer for Police Officer (includes: Police Officer, and Senior Police Officer) and Sergeant for Sergeant. Superior ranking officers may fill a lower ranking position if it has not been filled a minimum of 48 hours prior to the start of the scheduled shift, or if it is the only available means of filli ng the vacancy. Superior ranking employees may only voluntarily fill an overtime shift vacancy in their immediate subordinate rank (e.g., Sergeant may fill for an Officer vacancy).
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12.8 Members of the Department may sign up for overtime outside their Division; however, they may be bumped out of the overtime assignment up to 48 hours before the shift begins by a full-time member of the Division with the need for the overtime.
12.9 A bumping employee shall attempt to notify the bumped employee by telephone, and he or she shall also provide a written memo to the bumped employee’s Department mailbox or office. The bumping employee shall also notify and provide a copy of the written memo to the acting Watch Commander or Bureau Commander. The acting Watch Commander or Bureau Commander shall make a notation of the bump in the respective schedule books and retain a copy of the written memo.
12.10 Employees who sign up for overtime outside the ir Division shall contact the acting Watch Commander or Bureau Commander within 24 hours prior to the commencement of the overtime shift which they have signed up for to determine if they have been bumped.
12.11 All overtime which exceeds 40 hours shall be posted on the overtime board appropriate for the Division/Bureau. The overtime will be available to be filled based on the above defined process.
12.12 Once an employee has signed up to work an overtime shift, it is that employee’s responsibility to ensure the shift is filled. Employees may only remove their name from a shift they have volunteered to work if they have found a replacement, or they receive prior approval from a ranking supervisor.
ARTICLE 13 – COURT COMPENSATION
13.1 COURT STANDBY/ON-CALL
Off-duty employees who are subpoenaed for court and placed on standby for a morning or afternoon court session shall be compensated for two (2) hours of straight time at employee’s base salary for each session, except as noted below.
If an employee is required to remain on standby for both the morning and afternoon court sessions on the same day, the employee shall receive an additional two (2) hours of straight time, for a total of four (4) hours.
This compensation shall apply regardless of whether the standby occurs during off-duty hours on a regularly scheduled work day or a regularly scheduled day off.
Employees shall be compensated for being on standby unless they are notified of a cancellation at least five (5) court business days prior to the sc heduled appearance. Weekends and court holidays shall not be considered when calculating court business days.
13.2 COURT APPEARANCE
Off-duty employees who are required to appear in court shall be compensated at time and one- half the employee’s base rate of pay for all time worked, with a minimum of four (4) hours.
If court time overlaps any portion of the employee’s regular work hours, the employee shall receive regular pay for hours worked during their scheduled shift and overtime compensation at time and one-half for all hours worked outside of their regular work hours.
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Employees appearing in court after being on standby the same day shall be compensated from the time specified on the subpoena until released by the court in addition to the standby compensation per 12.1 above.
The parties agree, to the extent permitted by law, the compensation in this article is not special compensation and will not be reported as such.
ARTICLE 14 - SPECIALTY ASSIGNMENT PAY
14.1 The City and Association recognize that special assignments out of the scope of the covered classifications of Police Officer and Police Sergeant will at times be required for the efficient operation of the department, and therefore these special assignments and their associated specialty assignment compensation are listed below . All specialty assignment pays under Article 14 that are calculated as a percentage of base pay will be paid each pay period that the employee is eligible for the specialty pay. The parties agree, to the extent permitted by law, the compensation in this article is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1 unless otherwise noted.
14.2 FIELD TRAINING OFFICER PAY
Employees who meet the Department established standards and are routinely and consistently assigned as a Field Training Officer (FTO) shall receive 12.5% of base salary while so assigned. Employees who take leave time off are not eligible for Field Training Officer Pay while off on leave. The parties agree, to the extent permitted by law, the compensation when routinely and consistently assigned is special compensation and shall be reported as Training Premium pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
Employees who are not routinely and consistently assigned as a Field Training Officer (FTO) but are asked to fill in on a sporadic basis shall receive 12.5% of base salary for the shifts in which they are working as an FTO. The parties agree, to the extent permitted by law, the compensation for the temporary assignment is not special compensation and will not be reported as such.
14.3 PATROL ASSIGNMENT PAY
Employees routinely and consistently assigned to patrol shall receive two and one-half percent (2.5%) of base salary while so assigned. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Patrol Premium pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
14.4 MOTORCYCLE ASSIGNMENT PAY
Employees routinely and consistently assigned to motorcycle duty shall receive five percent (5%) of base salary while on duty. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Motorcycle Patrol Premium pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
Additionally, one motorcycle trainer shall receive five percent (5%) of base salary while in temporary assignment to perform routine safety checks. The parties agree, to the extent permitted by law, the compensation for the temporary assignment is not special compensation and will not be reported as such. 1062
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Each employee assigned to motorcycle duty shall maintain his or her motorcycle in an acceptable state as determined by Police Management and will be compensated three hours at time and a half at the top step base salary for the Senior Police Officer classification each pay period for the motorcycle maintenance.
This pay is for the off-duty motorcycle maintenance. The parties agree, to the extent permitted by law, the compensation for the off-duty maintenance is not special compensation and will not be reported as such.
14.5 CANINE ASSIGNMENT
Employees routinely and consistently assigned as a Canine Officers shall receive 11.31% of base salary while on duty. The parties agree, to the extent permitted by law, this compensation is special compensation and shall be reported as Canine Officer Premium pursuant to Title 2 California Code of Regulations, Section 571 and 571.1
The Canine Officers shall also receive pay at the rate of the current hourly minimum wage paid at time and one half (1.5) for seven hours per pay period for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine. The parties agree, to the extent permitted by law, the compensation for the off-duty maintenance is not special compensation and will not be reported as such.
The City and officers understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwi se maintainin g their canine, in compliance with the FLSA and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9 th
Cir. 2004). It is the intent of the parties through the provisions of this section t o fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA.
14.6 DETECTIVE / GANG UNIT / TRAFFIC INVESTIGATOR PAY
Employees routinely and consistently assigned as either an Investigative Services Bureau or Special Investigations Unit Detective, Gang Unit Investigator or Traffic Investigator shall receive seven and one - half percent (7.5%) of base salary while so assigned. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Detective Division, Gang Detail Assignment or Police Investigator P remium as appropriate pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
14.7 POLICE LIAISON / ADMINISTRATION OFFICER PAY
Effective the pay period that includes the pay date of January 6, 2023, Employees routinely and consistently assigned in any of the following liaison between special groups or police administration special assignments shall receive seven and one- half percent (7.5%) of base salary while so assigned: 1) School Resources Unit; 2) Police Administration Training/Recruitment Unit; 3) South Coast Plaza Unit; 4) Community Policing Unit; and, 5) Police Administration Professional Standards Unit. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Police Liaison or Police Administrative Officer Premium as appropriate pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
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14.8 BILINGUAL PAY
Effective the pay period that includes July 1, 2026, e mployees who meet the Department/City established standards and are routinely and consistently assigned to communicate in Spanish, Vietnamese, American Sign Language (ASL) and any other language approved by the City Manager shall receive two and one - half percent (2.5%) or five percent (5%) of base salary depending on level of proficiency. Employees in the Police Officer classification, hired before July 1, 2026, shall receive $133.19 per pay period (equivalent to 2.5% of top step inactive Senior Police Officer) or $266.38 per pay period (equivalent to 5% of top step inactive Senior Police Officer) based on level of proficiency until 2.5% or 5% of employee’s base salary exceeds this rate. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Bilingual Premium pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
Bilingual proficiency testing will be administered at least once per calendar year.
A. The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed for the 2 ½% Certification:
1. The applicant has the ability to create with language, recombining and adapting learned material to express personal meaning and can handle simple situations and transactions in the course of his/her work such as explanation of procedures, obtaining personal information, instructions to victims and onlookers, among others.
2. The applicant is able to maintain simple face -to-face conversations, asking and answering questions regarding everyday survival on topics most related to self and immediate work environment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life-or-death nature.
3. The applicant can be understood with some repetition by a sympathetic native speaker.
4. The applicant demonstrates mastery of work-related vocabulary including: time, days of the week, months, family members, parts of the body, motions and states, greetings, home and c ommunity, food and beverages, alphabet and numbers, vehicles, simple commands, interrogatory words, etc.
5. Accuracy is required in the present tense and gender distinctions.
6. Core vocabulary of 300-600 words.
B. The 5% Certification requires:
1. Accuracy in present and past tenses.
2. Core vocabulary of 600-1200 words.
3. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.
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4. Ability to interview the victim of a crime or accident or other situation involving a native speaker of Spanish and conduct simple interrogations and investigations which could be of a life-or-death nature.
5. Ability to understand description, narration, main ideas and details on a variety of topics beyond the immediate situation.
14.9 HAZARD PAY
$100 per month hazard pay shall be employees who are routinely and consistently exposed to hazardous substances and undertake hazardous materials duty. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Hazard Premium pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
14.10 SHIFT DIFFERENTIAL PAY
Effective the payroll that includes July 1, 2026, employees regularly assigned to an AM (Graveyard) patrol shift shall receive shift differential pay of three percent (3.0%) of their base salary for all hours worked on their regularly assigned shift.
Employees regularly assigned to a Waterfall patrol shift shall receive shift differential pay of three percent (3.0%) of their base salary for all hours worked on their one-per-week assigned AM patrol shift.
Employees working overtime on any of the above shifts are not eligible for shift differential pay.
The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Shift Differential pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
14.11 The City will continue payment of the assignment of special pay as set forth in Articles 14.2 through
14.10 above in the event of an industrial injury in accordance with the City's Personnel Rules and Regulations.
ARTICLE 15 – RECRUITMENT AND RETENTION INCENTIVE (LONGEVITY) PAY
15.1 RECRUITMENT AND RETENTION INCENTIVE (LONGEVITY) PAY
Employees in this bargaining unit who have been employed in a full-time equivalent sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent as verified by the Chief of Police) for 25 years or more shall receive recruitment and retention pay of 12.5% of employee’s base salary.
Employees in this bargaining unit who have been employed in a full-time equivalent sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent as verified by the Chief of Police) for 20 years or more shall receive recruitment and retention pay of 10% of employee’s base salary.
Employees in this bargaining unit who have been employed in a full-time equivalent sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent as verified by the Chief of Police) for 15 years or more shall receive recruitment and retention pay of seven and one-half percent (7.5%) of employee’s base salary. 1065
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Employees in this bargaining unit who have been employed in a full-time equivalent sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out-of-state equivalent as verified by the Chief of Police) for 10 years or more shall receive recruitment and retention pay of five percent (5%) of employee’s base salary.
Other civilian service will not count towards full -time equivalent sworn law enforcement service for this purpose.
The above longevity pays are not cumulative. Once an employee becomes eligible for the next level of recruitment and retention incentive pay, they shall qualify for that level and no longer receive the prior level of pay (i.e., the maximum total longevity pay an employee can receive is a total of 12.5% for 25 or more years of sworn law enforcement service). Longevity payments will be made continuously on each pay period following employee qualification.
The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Longevity pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
ARTICLE 16 - VACATION LEAVE
16.1 VACATIONS
Vacation Leave is to enable employees to spend a reasonable amount of time away from their job and to return to work refreshed. Employees accrue vacation when in paid status. If an employee is absent without pay for an entire pay period, he/she will not accrue vacation for that pay period.
16.2 ACCRUAL OF VACATION LEAVE
A. Employees shall accrue vacation leave as follows:
1. Through less than three (3) years of continuous full -time service an employee shall accrue 92 hours per year that are accrued each pay period.
2. Upon completion of three (3) years of continuous full -time service, but less than five (5) years of continuous full-time service, an employee shall accrue 116 hours per year that are accrued each pay period.
3. Upon completion of five (5) years of continuous full -time service, but less than 10 years of continuous full-time service, an employee shall accrue 140 hours per year that are accrued each pay period.
4. Upon completion of 10 years of continuous full-time service, but less than 15 years of continuous full-time service, an employee shall accrue 164 hours per year that are accrued each pay period.
5. Upon completion of 15 years of continuous full-time service but less than 20 years of continuous full-time service, an employee shall accrue 188 hours per year that are accrued each pay period.
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6. Upon completion of 20 years or more of continuous full -time service, an employee shall accrue 212 working hours per year that are accrued each pay period.
B. Vacation Accrual Implementation and Ceiling - The accrual of vacation hours is be capped at the following maximum levels based upon an employee’s years of service as follows:
Tier 1
Years of Service Annual Accrual Maximum Accrual
1-2 92.0 184.0
3-4 116.0 232.0
5-9 140.0 280.0
10-14 164.0 320.0
15-19 188.0 320.0
20+ 212.0 320.0
C. Scheduling of Vacation Leave - Employees must submit vacation requests in a timely manner to ensure that requests are granted. Vacation requests will be evaluated based on the Department’s Operational needs taking into consideration the employee’s specific requested time off.
D. Departmental Needs & Exception - When an employee submits a timely vacation leave request and the Supervisor and/or the Chief of Police must deny it due to the operational needs of the City and/or Department, an exception may be granted by the Chief of Police with a written explanation from the employee’s supervisor and advance approval from the Chief Executive Officer. If such an exception is granted, the employee will be paid cash for any vacation time which would accrue in excess of the maximum amount allowed to be accrued. The payment will be processed for the pay period in question. There will be no approvals for vacation leave accrual beyond the maximum accrual level.
Should a scheduled Vacation Leave have to be cancelled by the Chief of Police due to the operational needs of the City/Department, and the cancellation would cause the employee to accrue above the maximum vacation accrual, an exception for a “Cash -Out” may be granted by the Chief of Police with a written explanation from the employee’s supervisor and advance approval from the Chief Executive Officer. If such an exception is granted, the employee will be paid cash for any vacation time which would accrue in excess of the maximum amount allowed to be accrued.
16.3 VACATION LEAVE CASH OUT
A. Vacation Leave Cash Out On or before the pay period which includes December 15 of each calendar year, an employee may make an irrevocable election to cash out up to 120 hours of vacation leave which will be earned in the following calendar year at the employee’s base rate of pay as follows:
An employee can cash out vacation during any quarter of the following year as long as on the date(s) chosen for cash out the employee has earned at least the amount of vacation he/she chooses to cash out. In other words, employees who made an irrevocable election to cash out vacation (up to a maximum of 120 hours for the year) shall choose to be paid out during one or more of the following payroll periods:
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• Payroll period which includes April 1st
• Payroll period which includes July 1st
• Payroll period which includes October 1st
• Final Payroll period of the calendar year.
Employees will notify the Human Resources Division of which quarter(s) they wish their cash outs to be paid by the payroll deadlines as set by the Finance Department and Human Resources Division. Any remaining elected vacation hours that have not been previously paid out during the year will be paid out on the final payroll period of the calendar year.
16.4 VACATION DONATION TO BANK
Employees may voluntarily donate vacation hours to a vacation bank for association business (which the City will maintain) but which is administered by the CMPA Board of Directors.
ARTICLE 17 - SICK LEAVE
17.1 ACCRUAL OF SICK LEAVE
Employees in the Association accrue 3.69 hours of sick leave per pay period up to a maximum of 192 hours in their primary sick leave bank. Upon reaching the maximum level, the biweekly benefit of 3.69 sick leave hours may be cashed out at 100% of the employee’s base rate of pay.
17.2 PRIMARY AND SECONDARY SICK LEAVE BANKS
Prior to the current MOU, employees were able to accrue sick leave into a secondary sick leave banks. The sick leave in these banks can still be used as sick leave when employees are sick but no sick leave is accrued in these banks and the sick leave contained in the banks have no cash value.
At the time of retirement from the City (defined as having applied for retirement benefits from CalPERS) an employee with can convert unused sick leave from the primary and secondary sick leave banks to service credit at the rate of 1 day = 0.004 years of service credit.
17.3 LATERAL EMPLOYEES
Lateral employees hired, on or after October 3, 2006, will be immediately credited with up to 80 hours in their Sick Leave Bank. Upon being hired by the City, and provided the lateral employees had sick leave accruals (that were not cashed out) at the time of leaving their former agency, the lateral employees will be credited with the corresponding sick leave accruals, up to a maximum of 80 hours. For example, if a lateral employee had 20 sick leave hours on the books at his/her former agency, he/she would be immediately credited with 20 hours at Costa Mesa.
ARTICLE 18 - BEREAVEMENT LEAVE
18.1 Whenever an employee is compelled to be absent from duty by reason of a death or critical illness where death appears imminent of grandparent, father, mother, brother, sister, (this includes step brothers and sisters) wife, husband, or child of employee, spouse, or domestic partner such employee shall, upon approval of their department director, be entitled to charge such absence as “bereavement leave” to a 1068
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maximum of three (3) days of paid leave per occurrence. This leave may also be used in the case of a miscarriage by a female employee and/or employee whose spouse or registered domestic partner suffers a miscarriage. This would also apply in the case of a miscarriage by a surrogate. Any additional time that may be required must be approved by the Police Chief (and will be approved if required by law) and will be charged first to sick leave, then the employee can choose between vacation, compensatory time off or floating holiday leave. If all such leaves are exhausted it will be charged to unpaid leave if t he employee does not have accrued sick leave, vacation compensatory time off or floating holiday leave. The City Manager or designee, upon written request, may grant bereavement leave to an employee for persons in other relationships to the employee than are listed above.
ARTICLE 19 - LONG TERM DISABILITY
19.1 An employee is eligible for Long Term Disability (“LTD”) benefits after 30 calendar days.
Pursuant to the terms and conditions of the LTD Plan once eligible for LTD, an employee may exercise the option of using accumulated vacation, CTO, holiday hours and sick leave to supplement LTD payments up to an amount not to exceed 100% of monthly salary.
ARTICLE 20 - LAYOFF PROCEDURES
20.1 Because of material change in duties or organizatio n of the Costa Mesa Police Department , or shortage of work or funds, positions represented by the Association and covered by this MOU may be subject to lay off. 30 calendar days before the effective date of a layoff, the Chief of Police shall notify the Assistant City Manager and employee subject to layoff of the layoff decision. The City’s Personnel Rules and Regulations provide the policies and procedures related to the layoff of City employees.
ARTICLE 21 - DISCIPLINE
21.1 DISCIPLINE GENERALLY
Represented employees are sworn employees who are covered by Public Safety Officers’ Procedural Bill of Rights Act. The provisions provided in this article are intended to comply with that law. Employees may be subject to discipline if they engage in misconduct or if they have any of the performance deficiencies which are set forth below in Article 21.5 which have not been addressed through performance management.
Generally, performance based discipline will not occur unless and until the employee has been given opportunities for improvement which have not been successful. Misconduct based discipline will generally use a progressive discipline approach (i.e., using discipline to modify behavior which gets progressively more severe if there is a continuation of the misconduct). However, depending on the severity of the particular misconduct, an employee could be subject to any of the various types of discipline from a warning to dismissal.
21.2 TYPES OF DISCIPLINE
Represented employees are subject to the types of discipline set forth below. The Chief of Police or his/her designee shall inform an employee of any proposed discipline in writing and allow the employee a reasonable opportunity to respond to the proposed discipline before being imposed.
All proposed discipline will set forth the alleged facts upon which the discipline is based, the specific expectations of change or improvement to be demonstrated by the employee, and notice that additional 1069
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discipline could be impos ed against the employee in the event a change in the employee's conduc t or performance does not occur.
Any written documentation regarding discipline which is imposed on the employee will be entered into the employee’s personnel file. An employee may be placed on administrative leave with pay pending pre - disciplinary procedures.
The following are the applicable types of discipline:
A. Written Warning
B. Written Reprimand
C. Suspension: Unless extended by approval of the City Manager or Assistant City Manager on written recommendation of the Chief of Police, the maximum period of suspension is thirty (30) calendar days.
D. Demotion: A demotion is defined a reduction in the employee’s rank.
E. Reduction in Pay
F. Dismissal
21.3 NOTICE OF PROPOSED DISCIPLINE
Employees subject to proposed discipline will be provided with pre -deprivation procedural due process.
The Notice of Proposed Discipline will set forth the alleged facts upon which the proposed discipline is based, and the employee will be provided with a ll documents upon which the City relied in issuing the Notice. The employee will also be notified that he or she has the right to respond to the discipline either orally or in writing and the employee has the right to be represented during any meetings (by a representative of his/her choice per Government Code section 3303(i)) at which the proposed discipline will be discussed with the employee. However, the right to respond is up the employee. The employee has the right not to respond if he/she chooses. However, if that occurs, if the Chief of Police or his/her designee imposes the proposed discipline it will be without the employee’s input or response.
An employee's opportunity to respond to the proposed discipline is not intended to be a n evidentiary hearing. It is a meeting to give the employee an opportunity to respond to the proposed discipline. If, as a result of the meeting, the Chief of Police or his/her designee determines that the information provided by the employee raises doubts as to the accuracy of the information leading to the proposed discipline further investigation may be initiated to determine if the proposed discipline is warranted.
The Chief of Police will evaluate the proposed discipline in light of the employee’s response, if any. Within five (5) working days of the employee's response, or other deadline for response established by the parties, the decision of the Chief of Police or designee will be transmitted in writing to the employee.
21.4 APPEAL PROCEDURES
Employees have the right to appeal discipline which qualifies as “punitive action” under the Public Safety Officers’ Procedural Bill of Rights Act (“Act”). The Parties agree to the following appeal procedures:
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A. Appeal Process for Reductions i n Pay, Demotion, Suspension in Excess of 20 Hours or Dismissal
An employee desiring to appeal the Chief of Police’s decision shall have 10 calendar days after receipt of the response to file an appeal. The employee's requ est for appeal must be communicated to the Assistant City Manager within the 10-day period.
If, within the 10-day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Chief of Police shall be considered conclusive and shall take effect as prescribed. If, within the 10 -day appeal period, the employee files such notice of appeal an advisory arbitration appeal hearing shall be established as follows:
1. A list of registered arbitrators will be certified by the parties. CMPMA and the City shall each submit the names of five (5) arbitrators to complete a listing of 10 arbitrators.
The arbitrators shall be registered with the American Arbitr ation Association, California State Mediation and Conciliation Service or some other agreed upon recognized reputable source. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party may strike three or less names from the established list. If the employee or the Association fails to strike within 30 calendar days, the employee is considered to have abandoned the appeal. If a mutual agreement cannot be reached between the parties as to the selection of an arb itrator from the remaining names, the matter will be heard by the listed arbitrator who is first available to hear the matter within the time frames of the process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by a coin toss.
2. The selected arbitrator shall serve as the hearing officer.
3. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 90 calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties may however stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.
4. All hearings shall be private; however, the employee may request to open the hearing to the public.
5. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
6. The hearing need not be conducted in accordance with technical rules relating to evidence, civil procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of s uch evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding 1071
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unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
7. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross - examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her.
If the employee does not testify in his/her own behalf, he/she may be called and examined by an opposing party, as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that it is not necessary.
8. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
a. The party imposing discipline shall be permitted to make an opening statement;
b. The appealing employee shall then be permitted to make an opening statement;
c. The City shall produce the evidence on its part; the City bears the burden of proof and burden of producing evidence;
d. The employee appealing the disciplinary action may then open his/her defense and offer his/her evidence in support thereof. The employee bears the burden of producing evidence for any affirmative defenses asserted;
e. The parties may then, in order, respectively offer rebutting evidence, unless the hearing officer for good reason permits them to offer evidence upon their original case;
f. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
9. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on a preponderance of evidence presented.
During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her opinion as soon after the conclusion of the hearing as possible and in no event later than 30 days after conclusion of the hearing, absent a stipulation from the parties that a longer period of time is warranted.
His/her decision shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. 1072
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10. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the Chief of Police.
11. The hearing officer's opinion and recommendation shall be filed with the City Manager or designee, with a copy sent to the appealing employee, and the Assistant City Manager and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
12. The City Manager or designee shall then review the hearing officer’s opinion and recommendation and render a decision on the appeal within 30 days of the filing of the opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive. Copies of the City Manager's or designee’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager or designee. A copy of said decision shall also be served upon the parties and the employee.
13. Each party shall bear the cost of its own witness and attorney fees. The costs of the hearing and the court reporter shall be shared by the parties. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process may not apply to mutual settlements by the parties which result in an arbitration fee.
14. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager or designee, the time of such discipline shall relate back to the date the employee was disciplined or after delivery of the City Manager’s or designee’s decision if discipline was stayed pending the arbitration hearing. If the City Manager’s or designee’s decision results in a reduction or elimination of a loss of pay which was previously recommended by the Chief of Police, the pay loss shall be restored to the employee.
15. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section, including the appeal of the City Manager’s or designee’s final determination into the California court system, which must be made in accordance with the time standards and procedures established by Section1094.6 of California's Code of Civil Procedure.
B. Appeal Process for Lower Level Discipline
The following appeal process is established pursuant to Government Code § 3304.5.
A permanent employee shall have the right to appeal suspensions of 20 hours or less, written warnings, or written reprimands in the following manner:
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1. The Police Chief shall cause to be served on the employee a statement signed by the Police Chief of the specific action against the employee. This statement shall inform the employee that he/she has the right, within five (5) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the Assistant City Manager.
2. If within the five (5) day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.
3. If within the five (5) day appeal period the employee involved files a written notice of appeal with the Assistan t City Manager a time for an appeal hearing before the City Manager or designee shall be established. The date for a hearing shall not be less than 10 days, nor more than 30 days , from the date of the filing of the appeal, unless the parties stipulate to a different date. The employee shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.
4. The City Manager or designee shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party's expense.
a. If the action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.
5. Within 10 days after the conclusion of the hearing, the City Manager or designee shall deliver to the employee a final written decision, and, which shall either: (a) affirm the decision; (b) modify it by: (1) holding that certain charges were not established by a preponderance of the evidence, and/or (2) reducing the penalty, or (3) overturn the decision in its entirety. The decision shall be final and binding on the parties and the employee, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
21.5 BASIS FOR DISCIPLINARY ACTION
The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance record. Disciplinary action shall be based upon any of the grounds per Rule 26 of the City’s Personnel Rules and Regulations:
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ARTICLE 22 - GRIEVANCE PROCEDURES
22.1 DEFINITION
A "grievance" is a formal, written allegation by an employee or the Association (referred to as “grievant”) that there has been a violation, misinterpretation or misapplication of this Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The grievance procedure is the sole and exclusive method to resolve any grievance as defined herein.
22.2 PROCEDURE
A. Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without any discrimination against employees who may seek to resolve a grievance by invoking this procedure. Every effort should be made to find an acceptable solution at the lowest level of supervision.
Within 15 calendar days after a grievant (either an employee or the Association) knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal meeting with the grievant’s immediate supervisor. The supervisor shall respond with a decision within 10 calendar days after meeting with grievant.
B. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answ er from his/her supervisor, may request and be granted an interview with the division manager, if one exists, in order to further discuss the grievance. The division manager shall respond with a decision within 10 calendar days after meeting with grievant.
C. If the grievant and the division head cannot reach a solution to the grievance, the grievant may, within seven (7) calendar days from the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the Chief of Police within seven (7) calendar days of the grievant’s request to discuss the grievance to try and reach a resolution which is satisfactory to the grievant. The Chief of Police shall meet with the employee within seven (7) calendar days unless the date is mutually extended between the Chief and the grievant. If the grievant and Chief of Police cannot satisfactorily resolve the grievance, the Chief of Police will issue a written decision regarding the grievance within 15 calendar days after meeting with the grievant.
D. The grievant may, within 10 calendar days from the date of the decision by the Chief of Police, submit a written request with the Human Resources Department requesting advisory arbitration.
E. A list of registered arbitrators will be certified by the Parties. CMPA and the City shall each submit the names of five (5) arbitrators to complete a listing of 10 arbitrators. The arbitrators shall be registered with the American Arbitration Association, California State Mediation and Conciliation Service or some other agreed upon recognized reputable source. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party may strike up to three names from the established list. If the employee or CMPA fails to strike within thirty 30 calendar days, the employee is considered to have abandoned the appeal. If a mutual agreement cannot be reached between the parties as to the selection of an arbitrator from the remaining names, the matter will be heard by the 1075
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listed arbitrator who is first available to hear the matter within the time frames of the process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by a coin toss.
F. The selected arbitrator shall serve as the hearing officer.
G. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 90 calendar days, from the date of the filing of the appeal with the Assistant City Manager. The parties may however stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.
H. All hearings shall be private; however, the employee may request that the hearing be open to the public.
I. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
J. The hearing need not be conducted in accordance with technical rules relating to evidence, civil procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the condu ct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
K. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross- examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
L. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The grievant shall be permitted to make an opening statement;
2. The City’s representative shall then be permitted to make an opening statement;
3. The grievant shall produce the evidence on his/her part; the employee bears the burden of proof and burden of producing evidence;
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4. The City’s representative may then open his/her defense and offer his/her evidence in support thereof;
5. The parties may then, in order, respectively offer rebutting evidence, unless the hearing officer for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
M. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on a preponderance of evidence presented.
During the examination of a witness, all other witnesses, except the parties, sh all be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her opinion as soon after the conclusion of the hearing as possible and in no event later than 30 days after the conclusion of the hearing, absent a stipulation from the parties that a longer period of time is warranted. His/her advisory decision shall set forth why the grievance should or should not be sustained based on the evidence presented.
N. The City Manager or designee shall then review the hearing officer’s advisory opinion and recommendation and render a decision on the appeal within thirty days of the filing of said opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. Copies of the City Manager’s or designee’s decision, including the hearing officer’s recommendation(s) and a copy of said decision sha ll also be served upon the parties and the employee by first class mail.
O. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer if the officer is not an employee of the City. These fees also include the fee of the court reporter and the costs of preparing the transcripts of the hearing. Each party shall bear the cost of its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by th e hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee.
P. If the time limits for processing the employee’s grievance at any step defined above should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the City Manager or designee fails to respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy.
Q. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Chief of Police in presenting the grievance .
However, no employee shall absent himself/herself without first being excused by his/her supervisor.
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R. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and CMPA.
S. The settlement terms of a grievance which is processed by the Association shall not conflict with the express provisions of this MOU.
T. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.
ARTICLE 23 - SENIOR POLICE OFFICER CLASSIFICATION
23.1 Effective July 1, 2026, the classification of Senior Police Officer will be inactivated and removed from the Association.
ARTICLE 24 - HOLIDAY PAY
24.1 The following Holiday Pay provisions are effective May 1, 2023.
24.2 DESIGNATED HOLIDAYS
The following are the City designated holidays for employees covered by this agreement:
New Year’s Day
January 1
st
Juneteenth
June 19th
Thanksgiving Day
4th Thursday in November
Martin Luther King, Jr.
3rd Monday in January
Independence Day
July 4th
Day after Thanksgiving
4th Friday in November
President’s Day
3rd Monday in February
Labor Day
1st Monday in September
Christmas Day
December 25th
Memorial Day
Last Monday in May
Veteran’s Day
November 11th
24.3 In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed. All employees covered by this agreement work in positions that require scheduled staffing without regard to holidays.
24.4 Prior to the beginning of each calendar year, employees must irrevocably elect for the next year to either receive holiday leave (in which case they will receive 11.818 hours for each holiday for a total of 130 hours of holiday leave which they can use either on the actual holiday or work on the holiday and use at 1078
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another time) or cash out for the holidays in which case they will receive 9.454 hours for each holiday for a total 104 hours of holiday pay).
24.5 Employees who irrevocably elect (prior to the end of the calendar year for the following calendar year) the cash out option will receive a holiday pay bank of 104 hours beginning the first pay period for the new payroll year. This holiday pay bank may be cashed out at any time during the year. At the end of the payroll year any remaining holiday pay will be cashed out. Throughout the payroll year, if an employee, who has selected holiday pay, decides to take a holiday off, he/she must use either vacation or comp time, to cover the leave since he/she received holiday pay . Holiday pay cannot be converted into leave or compensatory time off. For employees defined as “ Classic Members”, t he parties agree, to the ext ent permitted by law, the compensation in this section is special compensation and shall be reported as Holiday Pay pursuant to Title 2 California Code of Regulations, Section 571. For employees defined as “New Members”, the parties agree, to the extent permitted by law, the compensation in this section is not special compensation and will not be reported as such.
Notwithstanding the above, if due to the way the pay periods occur, an employee receives 10 or 12 holidays in the calendar year, employees who choose the cash option will receive 113.44 hours (if there are 12 holidays) or 94.54 hours (if there are 10 holidays) beginning the first pay period of the new payroll year.
Holiday pay will be paid at the employee’s base rate of pay.
24.6 Employees who irrevocably elect (prior to the end of the calendar year for the following calendar year) to earn holiday leave rather than holiday pay will receive a bank of 130 hours. The hours will be available the first pay period of the new payroll year. Employees will have holiday leave available to use during the year, including (assuming if the employee requests and is approved for taking a holiday off, an actual holiday). However, employees must make a request to use holiday leave at least four (4 ) working days prior to the requested time off. Approval of the time off request will be based upon available staffing needs and the needs of the employee. At the end of the payroll calendar year, any remaining holiday hours will be cashed out on the last payroll of the payroll calendar year.
Notwithstanding the above, if due to the way the pay periods occur, an employee receives 10 or 12 holidays in the calendar year, employees who choose the leave option will receive 141.82 hours (if there are 1 2 holidays) or 118.18 hours (if there are 10 holidays) beginning the first pay period of the new payroll year.
24.7 If an employee separates from the service of the City and has used or been paid for holiday pay in advance of the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for holiday benefits already paid, but unearned at the time of separation from employee’s the final paycheck.
24.8 Employees are only eligible for holiday pay for the designated holidays that occur during the term of their employment (e.g., an employee hired on January 10, will not be eligible for holiday pay for New Years Day for the calendar year of their hire, but would be eligible for Martin Luther King Day and any further designated holidays which fall during their employment).
24.9 ADDITIONAL HOLIDAY
If the City provides an additional holiday to any other employee group during the term of this contract, the City will also provide that additional holiday to employees covered by this agreement.
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ARTICLE 25 - UNIFORM MAINTENANCE ALLOWANCE
25.1 The City provides uniforms for employees represented by the Association. The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average value of the uniforms/uniform allowances is reported to CalPERS as $17 per pay period. For employees defined as “Classic Members”, the parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as Uniform Allowance pursuant to Title 2 California Code of Regulations, sections 571. For employees defined as “New Members”, the parties agree, to the extent permitted by law, the compensation in this section is not special compensation and will not be reported as such.
25.2 Officers not currently assigned to the Operation Division will have a complete uniform for duty wear. The officers may replace worn equipment or uniforms in the same manner as officers assigned to the Operation Division. Employees working plain clothes assignment shall receive $1,000.00 per fiscal year to purchase clothing and equipment for their duties. The parties agree, to the extent permitted by law, this compensation is special compensation for “Classic Employees” and shall be reported as Uniform Allowance pursuant to Title 2 California Code of Regulations, Section 571. For employees defined as “New Members”, the parties agree, to the extent permitted by law, the compensation in this section is not special compensation and will not be reported as such.
ARTICLE 26 - SENIORITY
26.1 Seniority is determined by length of continuous and uninterrupted service in each employee’s respective classification. For seniority calculations for layoffs, time in recruit status is also considered as part of the employee’s total service. Seniority is used for shift selection and selection of vacation. Seniority for purposes of layoff is addressed in the Personnel Rules and Regulations.
ARTICLE 27 - WORK SCHEDULES
27.1 The Chief of Police with the approval of the City Manager shall have the ability to implement alternate regular work schedules, provided that the Chief of Police and the CMPA mutually agree upon such schedule. If no agreement can be made between CMPA and the Chief, then the existing four-day work week, ten-hour day (4-10) remains in effect. Seniority will determine the order in which employees select their yearly work schedules.
ARTICLE 28 - SCHEDULING
28.1 The annual selection of schedules and shifts/watch (watch is synonymous with shift) for Patrol and Traffic personnel shall begin upon the completion of the rotation selection and shall conclude as soon as practical, preceding the January starting date of the new shifts. All classifications represented by this MOU will make a selection as soon as practical, but in no case to exceed 24 hours after a request by the supervisor(s) overseeing the process. If a published schedule requires modification during the initial selection process, then the entire selection process will be repeated. Both parties acknowledge the provisions identified in this article are not all inclusive and Management retains the right to establish any other rules for the selection of work schedules not identified within this MOU.
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28.2 Seniority rights in each job classification determine the order of annual shift, schedule and vacation selection. Employees who elect to make an approved shift or schedule trade with another employee assume the seniority of the employee with whom they traded, for shift purposes only, for the length of the trade.
28.3 Priority for vacation selection is based upon the employee’s seniority on the watch ( i.e., AM/Days/PM/Relief) in which the vacation will occur. Management retains the right to determine the number of personnel that may be allowed on vacation on any particular shift or assignment.
28.4 Any new work schedule(s) or shift introduced into an existi ng schedule during the year, will be available for selection by those working in that same assignment in order of seniority. A “new” work schedule or shift as defined in this section shall not include “short shift” positions that exist within an existing schedule that may have not been filled initially, but became available during the calendar year due to increased staffing. Assignments are defined as the Bureau, Detail, or Patrol Area in which the new work schedule was introduced. Any subsequent vacanci es that occur due to this selection process will also be made available in order of seniority within the same assignment in which the vacancy occurs. Management retains the right to assign the least senior employee to any shift left vacant by the selection process.
28.5 If a mid -shift vacancy occurs within an existing work schedule, management retains the right to assign personnel as needed. A “short shift” position that existed within an existing schedule that was not filled initially, but became available during the calendar year due to increased staffing is considered a mid- shift vacancy. At the next scheduled rotation any such vacancy, which remains available for selection will be made available to personnel in the same Patrol Area (if the vacancy is in Patrol) and o n the same shift (i.e., AM/Day/PM/Relief) for all uniform personnel.
28.6 In the case of a mid-shift vacancy due to a promotion, the following rules will apply:
• Patrol Sergeant: The vacated work schedule (and any subsequent vacancies created by this process) will be available for selection by any other sergeant on that shift ( i.e., AM/Day/PM) in order of seniority.
28.7 Management retains the right to assign the least senior Sergeant to any work schedule left vacant by the above selection process. Refer to Police Department Policy Manual Section 1988 for mid -year vacancies involving a one for one planned rotation exchange.
28.8 Management retains the right to determine what work schedules will be made available for selection based upon available staf fing levels. Management also retains the right to assign personnel, in recognition of their respective seniority, to vacant work schedules as necessary to fill staffing needs.
28.9 No employee will be forced to work the A.M. shift for a full calendar year. If the selection process creates this situation, then management retains the right to adjust schedule selections as necessary based upon seniority.
28.10 All personnel in the represented classifications are subject to overtime draft as needed.
28.11 Employees who work the PM and AM shifts which overlap during a scheduled shift change, will be compensated for each full shift as scheduled, (at straight time). If an employee is approved to take time- off on either or both of these shifts, they shall use the same numbers of leave hours as they would have been compensated for. An employee may use Z -Time to account for the time taken off during the overlapping hours.
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28.12 Employees whose work shift is affected by the change of Day Light Savings Time or Standard Time changes or shift changes, will be compensated for the full shift as scheduled. If hours worked are in excess of the scheduled shift, they will be compensated for actual hours worked.
ARTICLE 29 - PROHIBITION OF TOBACCO
29.1 The on- duty use of tobacco in any form (cigarettes, cigars, e -cigarettes [“vaping”] and related tobacco products and technologies) is prohibited for all represented employees in the bargaining unit. This provision applies to employees hired after the approval of the MOU dated September 1, 2004.
ARTICLE 30 - RETURN TO WORK POLICY
30.1 PHYSICIAN RELEASE
The City has implemented through an Administrative Regulation a “Return to Work Policy” for employees who are released by their physician(s) to return to work for full duty in the manner set forth in Appendix A.
REPRESENTATIVES OF THE REPRESENTATIVES OF THE
COSTA MESA POLICE ASSOCIATION CITY OF COSTA MESA
VIJAY CHAWLA CECILIA GALLARDO DALY
CMPA President City Manager
SCOTT BAKER ALMA L. REYES
CMPA Negotiations Team Member Assistant City Manager
JESSE CHARTIER KASAMA LEE
CMPA Negotiations Team Member Human Resources Manager
GUYON FOXWELL FANNI ACOSTA
CMPA Negotiations Team Member Human Resources Administrator
JONATHAN TRIPP MARK KHOU
CMPA Negotiations Team Member Budget and Purchasing Manager
ALLISON TONG
Senior Budget Analyst
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APPENDIX A
ADMINISTRATIVE REGULATION A. R. 2.5
CITY OF COSTA MESA
July 1, 2000 (Revised)