HomeMy WebLinkAbout97-51 - Establish a Traffic Impact FeeRESOLUTION NO. 9r - 5-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, TO ESTABLISH A
TRAFFIC IMPACT FEE PERTAINING TO NEW
DEVELOPMENT IN THE CITY OF COSTA MESA AND
RELATED CAPITAL IMPROVEMENT PLAN FOR
TRANSPORTATION IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
1. WHEREAS, California Government Code Section 66000 et seq. enables
cities to charge fees for transportation facilities; and
2. WHEREAS, the City Council adopted Ordinance Nos. 93-11 and 97-11
authorizing the adoption of a traffic impact fee; and
3. WHEREAS, the City Council adopted Resolution Nos. 93-43 and 93-53
to establish that the traffic impact fee shall be assessed upon all new development
projects which have not received a building permit on or before August 6, 1993; and
4. WHEREAS, the City Council adopted Resolution Nos. 94-59, 95-35, and
96-57 to reestablish the traffic impact fee and conduct an annual review of the fee
and capital improvement plan; and
5. WHEREAS, California Government Code Section 66001(d) requires the
City Council to make findings once each fiscal year with respect to any portion of the
traffic impact fee remaining unexpended or uncommitted in its account five or more
years after deposit of the fee to identify the purpose to which the fee is to be put and
to demonstrate a reasonable relationship between the fee and the purpose for which
it was charged; and
6. WHEREAS, California Government Code Section 66002(b) requires the
City Council to review and annually update the capital improvement plan for
improvements to be paid for by the traffic impact fee; and
7. WHEREAS, California Government Code Section 66006(b) requires the
City of Costa Mesa to make available to the public the beginning and ending balance
for the fiscal year for the traffic impact fee and the fee, interest, and other income and
the amount of expenditure and refunds of the traffic impact fee by the City of Costa
Mesa during the fiscal year; and
8. WHEREAS, the purpose of this resolution is to comply with the annual
review responsibilities under the California Government Code; and
9. WHEREAS, the secondary purpose of this resolution is to reestablish a
traffic impact fee program to enable the City of Costa Mesa to comply with the
eligibility requirements of the Orange County Measure M Program; and
10. WHEREAS, the traffic impact fee is necessary because new development
will bring an increased need for public transportation/circulation facilities in the City
of Costa Mesa during peak periods and throughout the remainder of the day; the City
transportation/circulation system will be burdened by the demands of carrying the
vehicles of a larger number of persons and cargo due to new commercial, industrial,
and residential uses; the 1990 General Plan and Environmental Impact Report
No. 1044 indicate that development of new commercial, industrial, and residential
uses is expected to exceed current commercial, industrial, and residential uses and
that the City transportation/circulation systems will need to be increased in capacity
to carry the increase in vehicles due to new commercial, industrial, and residential
uses; and
11. WHEREAS, the City conducted a Citywide Traffic Impact Fee Study in
1993 and revised studies in 1996 and 1997 establishing the costs of public
transportation facilities attributed to the development of new commercial, industrial,
and residential uses and the revised 1997 study is attached as Exhibit A and
incorporated herein; and
12. WHEREAS, the Public Services Department has conducted an audit of the
accounts for the traffic impact fee program and the audit is attached as Exhibit B and
incorporated herein; and
13. WHEREAS, the traffic study and audit were available for public inspection
and review fourteen (14) days prior to this public hearing; and
14. WHEREAS, pursuant to Government Code Sections 66001, 66002,
66006, 66016, and 66018, notice was mailed to all interested parties on record
fourteen (14) days prior to this public hearing; and
15. WHEREAS, the City Council conducted public hearings on June 2, 1997,
and June 16, 1997, received testimony and evidence from the developers in the City
of Costa Mesa and has evaluated justification for establishment of the fee given
economic and social factors, as well as average fees charged by surrounding cities;
and
16. WHEREAS, the City Council, based on the 1990 General Plan and
Environmental Impact Report No. 1044 and the Citywide Traffic Impact Fee Studies,
public testimony, opinions of its traffic engineers, and other evidence received at the
public hearings on May 17, 1993, May 21, 1993, June 7, 1993, June 6,
1994, May 1, 1995, May 20, 1996, June 17, 1996, June 2, 1997, and June 16,
1997, does hereby make the following additional findings:
A. The purpose of the fee is to fund circulation/transportation improvements
within the City of Costa Mesa which are related directly to the incremental
traffic/vehicle burden imposed upon the City transportation/circulation system by the
development of new commercial, industrial, and residential uses as permitted by the
1990 General Plan and identified in Environmental Impact Report No. 1044, and to
comply with eligibility requirements of the Orange County Measure M Program; and
B. There is a reasonable relationship between the traffic impact fee's use
and the development projects on which the fee is imposed because the
transportation/circulation facilities funded by the fee are needed to accommodate the
incremental new traffic/vehicle burdens generated by the development of new
commercial, industrial, and residential uses upon which the fee is imposed; and
C. There is a reasonable relationship between the need for the
transportation/circulation facilities and the development of new commercial, industrial,
and residential projects upon which the fee is imposed because the new development
projects paying the fee will receive a direct benefit from the transportation/circulation
facilities funded by the fee; the transportation/circulation facilities funded by the fee
will increase traffic/vehicle circulation capacity on streets and highways directly
burdened by the increase in traffic/vehicles generated by new development projects
upon which the fee is charged; the cost of transportation/circulation facilities
attributed to existing deficiencies, existing land uses and population, excess and
` reserve capacity, and regional transportation needs have been excluded from the fee
calculation, and such costs are not included in the fee to be paid by
development; and
D. There does not exist any portion of the traffic impact fee imposed under
Resolution Nos. 93-43, 94-59. 95-35, and 96-57 remaining unexpended or
uncommitted in the City of Costa Mesa accounts five or more years after the deposit
of the fee, and no refunds of the fee are required; and the capital improvement plan
adopted by Resolution Nos. 93-43, 94-59, 95-35, and 96-57 and set forth in Exhibit
A remains adequate to provide the facilities for which the traffic impact fee is charged
and does not need to be amended; and the audit by the Public Services Department
set forth in Exhibit B accurately reflects the balance of the traffic impact fee account
on the fees collected, interest, and other income and amount of expenditure and
refunds of the traffic impact fee by the City of Costa Mesa during the fiscal year;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, does hereby adopt a traffic impact fee and traffic impact fee
regulations as follows:
1. The traffic impact fee shall be a fee of $150.00 per each new average
daily vehicle trip end generated by all new commercial, industrial, and residential
developments on a Citywide basis.
2. The traffic impact fee established pursuant to this resolution shall be
collected and administered to comply with all requirements of Ordinance Nos. 93-11
and 97-11.
3. Once the fee is deposited with the Finance Department of the City of
Costa Mesa, the fee shall be deposited in an account separate from the General Fund
with interest thereon deposited back to such account. Records of the deposits,
interest, expenditures, and refunds of the fees in the account shall be maintained by
the Finance Department pursuant to Government Code Sections 66001 and 66006.
The fee shall be used only for those transportation/circulation improvements and
services identified in the Citywide Traffic Impact Fee Study attached as Exhibit A.
The fee shall be subject to review by the Director of Public Services every
twelve (12) months to determine that the fee does not exceed the cost of
transportation/circulation improvements to accommodate the traffic/vehicles generated
by new commercial, industrial, and residential development that pay the fee. Should
the fee require adjustment, the Director shall set the fee for public hearing and
adjustment by City Council as required by Government Code Section 66016. Once
each fiscal year, the City Council shall make findings with respect to any
portion of the fee remaining unexpended or uncommitted in its account five or
more years after deposit of the fee as required by Government Code Section
66001.
4. The traffic impact fee shall be assessed upon all development
projects which have not received a building permit on or before August 6,
1993.
BE IT FURTHER RESOLVED that the City Council of the City of Costa
Mesa, California, does hereby adopt the comprehensive transportation/circulation
system capital improvement plan as identified in the Citywide Traffic Impact
Fee Study attached as Exhibit A, pursuant to Government Code Section
66002.
PASSED AND ADOPTED this 1 6th day of June, 1997.
Mayor of the City oft Mesa
ATTEST:
T,
Deputy Cit Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
'^OVED AS TO FORM
LL CITY ATTORNEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 9'7- S1 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 16th day of June, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 17th day of June, 1997.
Deputy Cit Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT A
WE 5, 47- S�
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
DRAFT
CITY-WIDE TRAFFIC IMPACT FEE
STUDY
JUNE 29 1997
TRANSPORTATION SERVICES DIVISION
PUBLIC SERVICES DEPARTMENT
TABLE OF CONTENTS
Number
Page
TABLE OF CONTENTS,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,e
— LIST OF EXHIBITS .........................................
iii
1. Introduction
1
.........................................
2. Existing Fees ........................................
1
3. Fee Proposal .........................................
2
4. Fee Formula ..........................................
3
_ A. Total Cost of Public Transportation/
Circulation Improvements .........................
4
(1). Master Plan of Highways .....................
4
(2). Capital Improvement Program,,,,,,,,,,,,,,,,,,
5
-- B. Adjustments of Costs for Public Transportation/
Circulation Improvements for Existing Deficiencies,
Growth of Existing Population, Excess Capacity,
r and Regional Traffic,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
6
(1). Adjustment of Costs Related to
Existing Deficiencies
7
_ ........... ...........
(2). Adjustment of Costs for Growth of
Existing Population .,.,,,,,,,,,°„..........
9
(3). Adjustment of Costs Related to
ExcessCapacity ..............................
9
_ (4). Adjustm-nt of Costs for Regional Traffic.,
10
(5)• Summary of Adjustments ....................
10
C. Trip end Analysis ................................
11
(1). Adjustment for Trip Chaining ..............
11
i
TABLE OF CONTENTS
Number
Page
D. Maximum Traffic Impact Fee
E. Baseline Traffic Impact Fee
5. Methodology
A. Traffic Analysis
b. Summary
Appendix "A"
Appendix "B"
Appendix "C"
ii
12
13
13
14
15
LIST OF EXHIBITS
Page
Number
A.
San Joaquin Hills Transportation Corridor
Area of Benefit ......................................
16
B.
Master Plan of Highways ..............................
17
C.
Comprehensive Transportation System (Capital)
Improvement Program ..................................
18-21
D.
Costa Mesa Traffic Analysis Zones ....................
22
E.
General Plan Traffic Growth Analysis .................
23-27
F.
Local and Regional Trip Ends .........................
28
G.
Allocation of Trip Ends ..............................
29
N.
Traffic Impact Fee Work Sheet ........................
30-31
I.
Traffic Impact Fee Cost Summary ......................
32
iii
- CITY-WIDE TRAFFIC IMPACT FEE STUDY
1. INTRODUCTION
This study is a revision of the 1993 and 1996 City-wide Traffic
Impact Fee Study which established the basis for the imposition of
a city-wide traffic impact fee pursuant to Government Code Section
66000 et seq. and Ordinance No. 93-11 and No. 97-11. The purpose
of the fee is to fund transportation/circulation improvements
within the City of Costa Mesa which are related directly to the
incremental traffic/vehicle burden imposed on the City's
transportation/circulation system by the development of new
commercial, industrial and residential uses as permitted by the
1990 General Plan and identified in Final Environmental Impact
Report ("EIR") No. 1044, and to maintain compliance with the
- eligibility requirements of the Orange County Measure M Program
( "Measure M") .
2. EXISTING FEES
In June, 1993, a city-wide traffic impact fee program was adopted
to comply with the eligibility requirements of the Orange County
'- Measure M Program. An interim traffic impact fee of $228 per
average daily trip end for new developments was adopted based on
designated General Plan public improvements, downgrades approved
by Orange County and the exclusion of any contribution towards
freeway improvements. During discussions at the June 7, 1993 City
Council Meeting, the development community expressed their
willingness to work with staff on all aspects related to the
revision of the traffic impact fees, including freeway access
improvements.
On July 7, 1993, City Council approved the formation and structure
of an Ad Hoc Committee and directed staff to seek applications
from interested parties. Appointments to the Ad Hoc Committee
(chaired by a Council Member) were approved on November 1, 1993.
The appointed Committee members and their affiliations were as
follows:
Mayor Sandra Genis City Council Member
Mark Korando Planning Commissioner
Ed Fawcett Chamber of Commerce Representative
Malcolm Ross Major Developers/Landowners
Representative
Kerry Smith Small Developers/Landowners
Representative
Gene Hutchins At -large member representing
homeowners associations
Derald Hunt At -large member representing the
residents of Costa Mesa
Ralph Ringo Alternate member
In June, 1994, due to delays in the completion of the Orange
County Traffic Analysis Model and based on the recommendation of
the Ad Hoc Committee, the existing fee of $228 .per average daily
trip end was reestablished as the continued interim traffic impact
fee.
The fee study was revised based on the recommendations of the Ad
Hoc Committee and on May 1, 1995, City Council adopted a final
traffic impact fee of $200 per average daily trip end.
In addition to the city-wide traffic impact fees, the City is also
required to collect and directly forward to the Transportation
Corridor Agencies (TCA) the San Joaquin Hills Transportation
Corridor Fee for developments within the area shown in Exhibit
"A." This study does not justify the Corridor fees. Current San
Joaquin Hills Transportation Corridor Fees are as follows:
LAND USE
FEE
Single Family Residential
$2,426 per Dwelling Unit
Multi -Family Residential
$1,416 per Dwelling Unit
Non -Residential
$3.11 per square feet
3. FEE PROPOSAL
Three (3) alternative traffic impact fees are proposed and
justified by this study:
A. A baseline fee of 0.50 of the valuation of construction
wort uth<), i ed by a building pe,mit, 'o be paid by a1.1
new r;ommercial, industrial and residential uses, without
a requirement to a traffic impact fee study for projects
generating over 100 new peak hour trip ends. This
baseline fee is the minimum traffic impact fee required
by Measure M.
B. A baseline fee of 0.50 of the valuation of construction
work authorized by a building permit, to be paid by all
new commercial, industrial and residential uses, with a
requirement that a traffic study be conducted for
projects generating over 100 new peak hour trip ends.
2
— The traffic study would establish the traffic impact fee
for the project on a site specific basis. If the traffic
impact fee established by the traffic study is found to
_ be higher than the baseline fee, the project would pay
the higher fee. Furthermore, the traffic impact fee
established by the traffic study could exceed the
maximum traffic impact fee established by this city-wide
traffic impact fee study.
C. A maximum traffic impact fee of $281 per new average
_ daily vehicle trip end to be paid by all new commercial,
industrial, and residential uses within the city.
4. FEE FORMULA
The baseline fee and maximum traffic impact fee to be assessed on
new development in Costa Mesa is based on the following formula:
(A) The estimate of total costs of public
transportation/circulation facilities needed to
accommodate the traffic in Costa Mesa at build -out
(Post -2010) of the General Plan and as established by
the City's Capital Improvement Plan.
(B) The total public transportation/circulation facilities
cost is adjusted for the following: existing
deficiencies in the transportation/circulation system
attributed to existing uses and population, estimated`
growth of existing population, excess capacity, and
regional traffic at build -out (Post -2010).
_ (C) The estimated total amount of new average daily vehicle
trip ends generated by development of new commercial,
industrial and resi.dential uses within Costa Mesa at
build -out (Post -2010) pursuant to the 1990 General Plan.
(D) The maximum traffic impact fee is the division of the
total public transportation/circulation facilities costs
in subsection A, less the adjusted costs in subsection
B, by the total new average daily vehicle trip ends in
subsection C.
Max Per Daily Trip End Fee Total Adjusted Cost of Facilities
Total New Daily Trip Ends within City
(E) The baseline traffic impact fee is the minimum traffic
impact fee charged by a municipality within Growth
Management Area No. 8 which is the City of Irvine fee of
0.5% of the valuation of construction work authorized by
a building permit.
3
A. TOTAL COST OF PUBLIC TRANSPORTATION/CIRCULATION IMPROVEMENTS
The total cost of public transportation/circulation improvements
is calculated based on the street and highway improvements shown
in the Master Plan of Highways ("MPH") which is part of the 1990
General Plan. The revised estimated total cost for the fee formula
is $177.5 million.
(1) MASTER PLAN OF HIGHWAYS (MPH)
The 1990 General Plan, initiated in 1988 as a comprehensive update
of the 1981 General Plan, was adopted by City Council on March 16,
1992. Final Environmental Impact Report #1044 was prepared and
completed to identify impacts and mitigation measures of the 1990
General Plan. The 1990 General Plan, EIR #1044 and the 1993 and
1996 City-wide Traffic Impact Fee Studies are hereby incorporated
by reference and can be reviewed in their entirety at the Costa
Mesa City Hall, Planning Division, 77 Fair Drive, Costa Mesa,
California, 92628.
The MPH is a hierarchy of streets and highways estimated to
accommodate the future build out (Post -2010)
transportation/circulation needs of the land uses permitted in the
General Plan. Initially adopted in 1963, the MPH has been revised
a number of times over the years and the revision in 1992 reflects
the improvements needed to accommodate traffic vehicles estimated
to be generated by the land uses permitted due to the 1990 General
Plan. The transportation/circulation improvements necessitated by
the development projected to occur pursuant to the 1990 General
Plan are identified in Table 10 (Pages 147-150) of EIR #1044.
The 1994 MPH identified in Exhibit "B," was adopted by City
Council on July 5, 1994 and reflects changes to the arterial and
intersection improvements identified in EIR #1044 and forms the
basis for the development of a comprehensive transportation system
(capital) improvement program. The improvements, including freeway ~
improvements, shown in Exhibit "C," are necessary for the build-
out of the MPH. The MPH calls out the specific improvements needed
to maintain the standard level of service at all signalized
intersections specified in the 1990 General Plan and EIR #1044.
The 1990 General Plan identifies Level of Service (LOS) "D" or i
better as the established traffic level of service for all
intersections under the sole control of the City, except for the
intersection of Harbor Boulevard and Gisler Avenue which has an
established LOS "E" or better. LOS D represents a traffic level of
service at 90% capacity on the street. LOS E represents a traffic
level of service at 100% capacity on the street.
The total cost for all transportation circulation improvements
necessary for build --out of the MPH is estimated to total
approximately $177.5 million.
4
This total cost includes an estimated cost of $76.7 million for
freeway improvements, $75.4 million for arterial improvements, and
$25.4 million for intersection improvements. All cost estimates
which are based on 1993 dollars are substantially the same for
1997.
The total cost does not include the administration costs for the
construction of the improvements set forth in the MPH. The
exclusion of administration costs from the fee program is a staff
decision which could be overridden by City Council. If costs for
_ administration (15%) per Caltrans' standards were included, the
total costs would be estimated at $204.1 million. The total cost
also excludes the regional transportation costs of the SR -55
extension from 19th to 15th Street (estimated cost $126 million)
_ and the SR-55/SR-73 Connectors (estimated cost $6 million). Thus,
if all transportation improvements and costs were included, the
total cost would exceed $177.5 million.
However, for the purpose of the traffic impact fee formula, the
total costs of the public transportation/circulation improvements
at build out of the MPH is $177.5 million.
(2) CAPITAL IMPROVEMENT PROGRAM
The cost of transportation/circulation improvements to be funded
by the traffic impact fee are only a part of the total cost of the
City's Capital Improvements Program. The program documents
include the MPH, the 7 -year Measure M Capital Improvement Program,'
the 1990 General Plan, EIR No. 1044, Ordinance No. 93-11 and No.
97-11, the 1993 and 1996 Traffic Impact Fee Studies, and the
Development Phasing and Performance Monitoring Program. All of
` these documents and this study make up the City's Capital
Improvements Program.
The Development Phasing and Performance Monitoring Program
("DPPM") adopted by City Council on May 3, 1993 and included as
Appendix "A", provides the means, on an annual basis, to track
land use entitlements and construction activity, monitor arterial
highway volumes and intersection levels of service, identify
deficiencies and program future capital improvements. The DPPM
program will assure that improvements to the transportation
- ci,--,Aation system wil.i be in phase with the approved level of
development.
_ In addition to the DPPM Program, Ordinance No. 93-11 and No. 97-11
(Appendix "B") adopted the Transportation Systems Management Code
("Code") to the Costa Mesa Municipal Code ("CMMC"). The Code
establishes a process to monitor, update and grant waivers,
adjustments and refunds of the traffic impact fee where subsequent
traffic studies on a specific project justify such waiver,
adjustment or refund (CMMC Section 13-274). The Code establishes
a process whereby a traffic study is conducted to verify on a
project by project basis the traffic/vehicle impacts generated by
new commercial, industrial and residential uses (CMMC Section 13-
5
275). Such traffic studies will be used to coordinate the new
development with City and other government agencies to ensure that
the construction of transportation/circulation improvements occurs
in a timely manner (CMMC Section 13-275),
The Code also provides for a reduction in the traffic impact fee
and correlated transportation/circulation improvements based upon
the implementation of a Transportation demand Management Program
by the new commercial, industrial or residential use to reduce
traffic/vehicle impacts of such use (CMMC Section 13-275). ~
As discussed herein, new development is charged a traffic impact
fee to pay only its fair share of the cost of improvements
specified in the City's Capital Improvements Program. In addition
to the costs discussed below, the total cost for the MPH excludes
administration ($26,6 million), SR -55 extension ($126 million) and
SR-55/SR-73 connectors ($6 million). Thus, if all
transportation/circulation improvement costs at build out (Post -
2010) were included, the total cost would exceed $336.1 million.
These excluded costs and other costs deducted from the traffic
impact fee program will be funded by the City through Federal,
State, and County Measure M grants, assessment districts and other
financing sources which may include General Fund monies.
B. ADJUSTMENTS OF COSTS FOR PUBLIC
TRANSPORTATION CIRCULATION IMPROVEMENTS FOR EXISTING
DEFICIENCIES, GROWTH OF EXISTING POPULATION, EXCESS
CAPACITY, AND REGIONAL TRAFFIC
Consistent with the principles of Russ Bld . Partnership v. City
and County of San Francisco (1987) 199 Ca1.App.3d 1469 [246 Cal.
Rptr. 21] and Bixel Associates v. City of Los_ Angeles (1989) 216
Cal.App.3d 1208, the total cost of transportation/circulation
improvements ($177.5 million) for the MPH has been subject to a
series of adjustments to assure that new development projects pay
only their fair share of the cost of improvements required by such
development.
In summary, the adjustments include the following improvements and
assumptions:
(1) The Cost of improvements to correct the deficiencies in
the City transportation/ circulation system due to
existing land uses and population.
(2) The cost of improvements to the City
transportation/circulation system due to the natural
growth of population not attributed to new commercial,
industrial and residential uses between now and build
out (Post -2010) of the 1990 General Plan.
(3) The cost of improvements to maintain the capacity of the
City transportation/circulation system at Level of
Service D (0.90).
C
(4) The cost of improvements to the City
transportation/circulation system due to the regional
traffic generated by uses and population outside of the
City of Costa Mesa.
The adjustments and methodology for these items are discussed in
the following paragraphs (1) through (5), inclusive:
(1) ADJUSTMENT OF COSTS RELATED TO EXISTING DEFICIENCIES
Existing deficiencies include those transportation facilities that
are currently operating at a level of service worse than the
adopted level of service. The 1990 General Plan identifies Level
of Service (LOS) "D" or better as the established traffic level of
service for all intersections under the sole control of the City,
except for the intersection of Harbor Boulevard and Gisler Avenue
which has an established LOS "E" or better. Levels of service are
defined and computed using the Intersection Capacity Utilization
(ICU) methodology. The relationship between LOS and ICU is shown
in the table below:
LOS
ICU
A
0.00
- 0.60
B
0.61
- 0.70
C
0.71
- 0.80
D
0.81
- 0.90
E
0.91
- 1.00
F
>
1.01
The City of Costa Mesa does not have an adopted LOS standard for
arterials or freeways. Typically, intersections need to be widened
before mid -block sections. Arterial improvements, hence, are based
T on intersection improvements. As for freewatis, the Congesti.on
Manan^7,)F,nt Pr(,gr am (CMP) rF:qui.r.es that "i -L, no ' carte shall the i .)S
star -(,:rd be belovy the level of servicc_: "E" or the current level,
whichever is farthest from level of service "A", except where a
segment or intersection has been designated as deficient and a
deficiency plan has been adopted pursuant to Section 65089.3."
Caltrans collects the necessary data and performs calculations for
freeway level of service. Caltrans identified level of service "F"
as the current level of service for most of the freeways in 1991
when the Orange County Congestion Management Program was first
adopted. Theoretically, it could be argued that there are no
existing deficiencies on the freeways as the standard level of
service for freeways is the current level of service "F"
7
identified in the CMP. However, level of service "F" is
unacceptable to the City of Costa Mesa and as a result Costa Mesa
has undertaken several improvements to rectify and improve freeway
access operations.
The inclusion of freeway access improvements into the city-wide
traffic impact fee program was extensively debated by the Ad Hoc
Committee. While some viewed the freeway access improvements as a
State responsibility and an unnecessary burden on Costa Mesa
developments, others viewed this as a proactive approach by the
City to improve local access by lessening problems on the freeways
and thereby providing a better business environment. All agreed
that the State would not provide any improvements on their own +
within the foreseeable future.
The estimated cost for the 17 freeway access improvement projects
is approximately $76.7 million. These improvements were identified
in an I-405 Access Report adopted by the City Council in July of
1988. The Ad Hoc Committee recommended adjustments on four
specific freeway access improvements to account for "existing
deficiencies" on the freeways. These improvements are the three
grade -separation projects (Projects 17b, 25 & 29) and the
southbound Bristol Street off ramp project (Project 17a) as shown
in the table below:
IMPROVEMENT DESCRIPTION
ESTIMATED COST
Project 17a - Southbound Bristol
$1,551,351
Street Off Ramp at I-405
Project 17b - Braiding of
Southbound Bristol Street On Ramp
$15,845,009
Project 25 -- Northbound Bristol
$22,075,707
Street Off Ramp and Braid
Project 29 - Northbound Fairview
$11,085,660
Road On Ramp Braid
The cost of these freeway access improvements applicable to new
developments was reduced In proportion to the ratio of existing
anc future traffic vclumes. The intent of th7.. ; adjustment is to
ensure ,..iat riew developments do not pay to rectify "existing
deficiencies" on the freeways. The adjustment for "existing
deficiencies" is approximately $23.7 million.
The 1993 Traffic Impact Fee Study did not identify any
deficiencies on arterials. However, four intersections were
identified as operating worse than the standard LOS "D" and hence
classified as being deficient. These intersections are shown in
the table below:
0
IMPROVEMENT DESCRIPTION
ESTIMATED COST
15. Newport Boulevard
& 17th Street
$234,000
55. Harbor Boulevard &
I-405 NB Ramps
Not Applicable
69. Fairview Road &
Adams Avenue
$761,111
105. Harbor Boulevard
& Adams Avenue
$1,788,248
The improvement cost for these intersection improvements
applicable to new developments amounts to approximately $1.1
million.
Therefore, the cost of $24.8 million has been deducted from the
total overall cost of $177.5 million to account for existing
deficiencies.
(2) ADJUSTMENT OF COSTS FOR GROWTH OF EXISTING POPULATION
Under the Costa Mesa Traffic Model (CMTM), the growth of existing
population does not create a demand for traffic improvements. The
reasons for this conclusion are two -fold. The Model assumes that
the same population will reside in the same number of dwelling
._ units. The Model addresses growth in existing population through
the addition of dwelling units to house the increase in
population. Due to this assumption, all increased traffic
attributed to growth of existing population has been included in;
the increase in traffic/vehicles generated based on the increase
in dwelling units.
The Model does not determine growth of population in existing
dwelling units due to overcrowding. This omission does not impact
the fee analysis because other data is available to fill in this
gap. The Model analyses vehicle trips generated by residential
uses by using an average trip rate. Preliminary results from the
1991 Southern California Origin -Destination Survey (See Appendix
"C") indicate that in comparison to the 1976 data, households in
1991 were larger and owned more vehicles, but made fewer trips per
vehicle. Based on this information and historical data in the 1990
General Plan, City staff estimates that overcrowding of existing
dwelling unit,:: would not increase demands o l street. capacity.
Th�:Lefor�:, .c -deduc:;_ons have been made t:) the total overall cost
of $178 million, because the model addresses the growth of
existing population.
(3) ADJUSTMENT OF COSTS RELATED TO EXCESS CAPACITY
City staff has identified two components to determine excess and
reserve capacity. Reserve capacity is the current level of
service at intersections and arterials which are below LOS D. The
reserve capacity on the City's transportation/circulation system
is a valuable asset to the City for which new development has not
been charged a traffic impact fee. Any unidentified excess
0
capacity for a transportation improvement which may be claimed to
be paid for by new development through the traffic impact fee is
offset by the reserve capacity provided to new development.
Furthermore, the exclusion of administration costs attributed to
new developments also offset any unidentified excess capacity.
The City recognizes that the Russ decision provides that the City
cannot have new development pay to reserve capacity of its streets
at LOS D. (Id, supra, 199 Cal.App.3d at p. 1516.) Thus, the Level
of Service 6 -st'andar'd reflects a 10% capacity reserve. The cost
of freeway access, arterial and intersection improvements
applicable to new developments has been further reduced by 10% to
account for the reserve capacity. This reduction amounts to
approximately $4.9 million for freeway access improvements, $3.6
million for arterial improvements, and $1.4 million for
intersection improvements, for a total reduction of $9.9 million.
Therefore, the cost of improvements for reserve capacity of LOS D
have been deducted from the total cost of $177.5 million of MPH
improvements as part of the fee formula.
(4) ADJUSTMENT OF COSTS FOR REGIONAL TRAFFIC
Based on the CMTM, the regional, traffic impacts share of the cost
of freeway access, arterial and intersection improvements have
been identified. The regional share of freeway access improvements
is estimated to cost $28 million. The regional share of arterial
improvements is estimated to cost $39.6 million and the regional
share of intersection improvements is estimated to cost $11.2
million. Therefore, the cost of freeway access, arterial and
intersection improvements attributed to regional traffic of $78.8
million have been deducted from the total cost of $177.5 million
as part of the fee formula.
(5) SUMMARY OF ADJUSTMENTS
Based on the above -referenced analysis, the total cost of
improvements subject to the traffic impact fee is calculated as
follows:
(A) Total Cost of MPH Improvements $177.5 million
(B) Adjustments
(1)
Existing
Deficiencies
$24.8
million
(2)
Excess and
Reserve Capacity
$9.9
million
(3)
Existing
Population Growth
$0.0
million
(4)
Regional
Traffic
$78.8
million
Total Deductions
$113.5
million
(C) Adjusted Cost
Subject to Fee
$64.0
million
10
C. TRIP END ANALYSIS
After the costs of improvements to be paid for by the traffic
impact fee are established, the next level of a.nalysis under the
fee formula is to establish the traffic or trip ends generated by
new development. For the purpose of this analysis the CMTM uses
the Institute of Transportation Engineers ("ITE") Trip Generation
Manual (4th and 5th editions) to calculate the new average daily
vehicle trips generated by a specific type of land use authorized
by the 1990 General Plan.
The City of Costa Mesa has been divided into a number of Traffic
Analysis Zones (TAZ's) as shown in Exhibit "D". Within each TAZ
the specific amount of land uses under different land use
categories have been assigned trip generation rates from the ITE
"Trip Generation Manual". Exhibit "E" shows the traffic growth
attributed to development in the 1990 General Plan at the traffic
analysis zone level. As indicated in Exhibit "E," a number of
TAZ's have reduced traffic or negative traffic growth due to land
use changes envisioned in the 1990 General Plan. The total traffic
growth at build -out due to the 1990 General Plan results in an
increase of 234,833 new daily trip ends and a reduction of 124,691
old daily trip ends to result in a net increase of 110,142 new
daily trip ends. Of the 234,833 new daily trip ends, 7,481 daily
trip ends are from county islands within city sphere of influence,
and 14,836 daily trip ends are exempt trip ends generated by
public facilities such as civic buildings, libraries, police and
fire departments, etc.
The new daily trip ends include trips from development projects
which are exempt from the trip fee program and identified in
Section 13-276 of the Costa Mesa Municipal Code such as public
libraries, public administration facilities, public utilities,
schools, hospitals, police, fire and safety facilities.
(A) ADJUSTMENT FOR TRIP CHAINING (PASS -BY TRIPS)
Traffic generating characteristics vary depending on the land use.
For the same land use, the trip lengths vary depending on the
ori irz:: and destinations oc ,-he trip. -i. A traffic impact fee Lased
on riL ends. in e.Ssence, r�-prese.nts these varying. trip lengths
for the different land use in terms of an average trip length.
This methodology has an adverse impact on some land uses due to
the phenomenon of trip chaining.
T The trip chaining concept represents the behavior of people who
link many trip purposes together in one outing from home or work.
Thus, for example, a person on the way to work from the home may
stop at a fast food restaurant for breakfast. Such trips are not
accurately modeled in the traffic model to reflect the true travel
behavior of people.
11
The CMTM would model the linked trip described above as two trips;
one trip from the home to the fast food restaurant and another
trip from the fast food restaurant to work. While this methodology
does not affect how the need for improvements is determined, it
does improperly allocate the impacts when the traffic impact fees
for fast food restaurants are calculated. The one trip with a stop
is considered in the model as two trips of average trip length.
Not all of the trips to fast food restaurants are linked trips.
Some estimates of the percentages of linked trips for different
land uses have been provided in the San Diego Traffic Generators
manual published by the San Diego Association of Governments. The
Ad Hoc Committee recommended two land uses in Costa Mesa which are
adversely impacted by the trip fee calculation methodology. These
two land uses are fast food restaurants and quality restaurants.
Quality restaurants are eating establishments of high quality and
with turnover rates usually of at least one hour or longer.
Generally, quality restaurants do not serve breakfast; some do not
serve lunch; all serve dinner. Fast food restaurants include
establishments such as McDonald's, Dunkin Donuts, and Taco Bell.
This type of restaurant is characterized by a large carryout
clientele; long hours of service (some are open for breakfast, all _
are open for lunch and dinner, some are open late at night or 24
hours); and high turnover rates for eat -in customers.
An estimated 400 of the total trips at fast food restaurants and
10% of the total trips at quality restaurants were identified as
linked trips based on information provided in the San Diego
Traffic Generators manual.
The total daily trip ends generated within Cost Mesa needs to be
adjusted in order to account for these linked trips at fast food
and quality restaurants. Approximately 23 thousand square feet of
new fast food restaurants and 121 thousand square feet of quality
restaurants are anticipated based on the land use assumptions in
the General Plan. Of the total of 14,558 new daily trip ends
generated by fast food restaurants, 5,823 daily trip ends are
assumed to be resulting from linked trips. For quality
restaurants, 1,161 daily trip ends out of a total of 11,606 daily
trip ends are assumed to be resulting from linked trips. Thus, the
234,833 new daily trip ends within Costa Mesa is reduced by the
linked tr.ipa at fist :,'ood and quality restaurants. This iLesults in
227,849 new daily trip ends which are included in the fee program. —
D. MAXIMUM TRAFFIC IMPACT FEE
Having determined the adjusted cost of transportation facilities
subject to the fee and the adjusted new daily trip ends included
in the fee program, the maximum traffic impact fee is determined
by distributing the cost of $64 million uniformly over the 227,849
daily trip ends. This results in the maximum traffic impact fee of
$281 per average daily trip end.
12
E. BASELINE TRAFFIC IMPACT FEE
The baseline fee is based on the minimum traffic impact fee
charged by a municipality within the Growth Management Area
("GMA") No. 8. The GMA No. 8 is established by Measure M as an
area of the County of Orange for the purpose of coordinating
regional long-term transportation/circulation planning.
The minimum fee in GMA No. 8 is the City of Irvine fee of 0.5% of
the valuation of construction work authorized by a building
permit. This fee was not justified by a fee study as required by
Government Code Section 66000 et seq.
5. METHODOLOGY
As recommended by the Ad Hoc Committee, the traffic impact fee is
based on new average daily trip ends and hence applicable to all
new development projects. The impact fee could also be based on
either the A.M. or P.M. peak hour trip ends depending on which
peak is critical. The total cost of improvements to be financed
remains the same irrespective of the basis for the assessmentof
impact fees. The magnitude of the fees, however, would vary. The
traffic impact fee per A.M. or P.M. peak hour trip end would be
higher since the total A.M. or P.M. peak hour trip ends generated
are lower than the total daily trip ends generated.
Traffic generating characteristics vary depending on the land use.
While some land uses such as residences and offices, typically,
generate a majority of the traffic volumes during the peak hours,
other land uses such as shopping centers or night clubs generate
most of the traffic volumes during the off-peak hours.
Transportation facilities are designed to accommodate both off -
hour traffic and the peak traffic volumes which typically occur
during either the A.M. or P.M. peak hour. Land uses which generate
most of the traffic volumes during the off-peak hours would not
pay traffic impact fees, if the traffic impact fees were based on
either the A.M. or P.M. peak hour trip ends since the existing
capacity would accommodate the demand, while still benefiting from
the use of the public facilities.
A traffic impact fee based on daily trip ends, however, inc3 sides
ana".ys:4 s of traffic volumes during the A.M. and F .M. peak hour s as
well as during the off-peak huurs. The average daily trip end
based fee is considered by staff to be most equitable for all the
different land uses. First, all new development would pay their
pro rata share of the traffic improvements under the average daily
trip end based fee. No developer would obtain a free ride based on
capacity paid for by other developers. Traffic impact fees based
on daily trip ends also eliminate "capacity grab" situations where
a particular development which just tips the level of service to
the unacceptable range is required to mitigate the impact; while
— other developments which occur when the level of service is within
the acceptable range are not deemed to create a traffic impact.
13
A. TRAFFIC ANALYSIS
The traffic share analysis methodology in the CMTM basically
identifies the new daily trip ends from pre -defined areas that use
a specified transportation facility using the "select link
analysis" process. The select link analysis process identifies at
each of the transportation/circulation improvements in the traffic
impact fee program, the trips that are generated, distributed and
assigned to the highway network from a pre -defined area, thus
establishing the required nexus. Trip ends with either an origin
or destination or both within Costa Mesa are considered to be
local trips, while regional trips are those that neither originate
nor end in the city and essentially pass through Costa Mesa.
Exhibit "F" shows an illustration of the local and regional trip
ends. Exhibit "G" shows a simple illustration for the allocation
of the trip ends to ensure that the trip ends are not counted
twice.
The cost of an improvement is allocated to the different areas
(regional as well as local) on the basis of the new trip ends. The
total local allocation over all the improvements is deducted for
excess capacity, etc., and then divided by the adjusted new daily
trip ends in Costa Mesa to obtain the maximum traffic impact fee.
Transportation/circulation improvements required to mitigate
traffic impacts attributable to land uses in the General Plan are
based on trip generation rates for the land uses. As discussed
above, the ITE manual is used to calculate the trip generation
rates. The fee imposed on new development is also based on the
same trip generation rates for the different land uses. Hence, a
reasonable relationship is thus created between the need for the
public facilities and the developments on which the fee is
imposed.
Exhibit "H" shows the work sheet for the maximum traffic impact
fee. As seen in Exhibit "H", each transportation improvement is
listed with its estimated cost, the local and regional trip ends,
the local and regional cost allocations and the adjustments for
excess capacity and existing deficiencies. Exhibit "I" summarizes
the different costs in the traffic impact fee program. The amount
to be funded i traffic impar'-_ fe :�s of $64 million 1-epreserrt: 36%
of the total �stimatea cost. In terms of specifics improvements,
only 26% of the cost of freeway access improvements, 43% of the
cost of arterial improvements and 46% of the cost of intersection
improvements will be funded by the traffic impact fee program. The
unfunded amount of approximately $113.5 million represents about
64% of the total cost of the overall improvements. This unfunded
amount would be funded from outside sources such as city funds, or
county, state and federal grants. If funding from outside sources
are inadequate, then alternate means of financing by the city will
be necessary to ensure the build -out of the MPH.
14
This city-wide traffic impact fee study also justifies the
baseline fee because under all circumstances the absolute value of
the baseline fee paid by new development will be less than the
_ maximum traffic impact fee justified by this study. Any and all
deductions for existing deficiencies, population growth, regional
traffic and excess and reserve capacity would be analyzed in the
maximum fee and are thus deducted from the baseline fee.
6. SUMMARY
_ This study establishes the basis for the imposition of a city-wide
traffic impact fee pursuant to California Government Code Section
66000 et seq. and the Costa Mesa Municipal Code. The fees are
intended to fund transportation circulation improvements within
-' Costa Mesa which are required due to traffic circulation impacts
associated with build -out of development in the General Plan. A
reasonable relationship between the need for the public
facilities, the traffic by development, and the imposition of a
fee on developments is demonstrated through the trip generation
rates for the land uses.
The overall cost of transportation improvements has been subjected
to a series of adjustments to account for excess capacity,
existing deficiencies and regional traffic to determine the amount
-- of $64 million that is subject to the fee. The new daily trip ends
within Costa Mesa has been adjusted to account for (pass -by trips)
linked trips at fast food and quality restaurants resulting in
227,849 new daily trip ends which are included in the fee program.
The amount of $64 million is then distributed uniformly over the
227,849 new daily trip ends to determine the maximum traffic
impact fee. This results in a maximum traffic impact fee of $281
per new average daily trip end.
(FEE97)
15
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COMPREHENSIVE TRANSPORTATION SYSTEM
(CAPITAL) IMPROVEMENT PROGRAM
LOCATION _ _ IMPROVEMENT ESTIMATED COST
FREEWAY IMPROVEMENTS
PROJECT 1. NB 1-405 ON AMP FROM S.C.DRIVE NEAR HYLAND
PROJECT 2. HARBOR BLVD/SOUTH COAST DRIVE/1-405 RAMPS
PROJECT 7. NB 1-405 FAIRVIEW OFF RAMP MODIFICATION & OFF RAMP TO S.C.DRIVE
PROJECT 9. WIDEN SB 1 -400 -,Jr AIRVIEW OFF DAMPS TO FOUR LANES
PROJECT 17a. SB BRISTOL STREET OFF RAMP
PROJECT 17b. BRAIDING OF SB BRISTOL ON RAMP
PROJECT 18. NB AVENUE OF THE ARTS OFF RAMP
PROJECT 20. NB ANTON AVENUE ON RAMP
PROJECT 25. NB BRISTOL ST9EET OFF RAMP & BRAID
PROJECT 29. NB FAIRVIEW ROAD ON RAMP BRAID
PROJECT 30. SB SR -73 CONNECTOR WIDENING
PROJECT 40b. WIDENING OF SB 1-405 FROM HARBOR OFF RAMP TO HARBOR ON RAMP
PROJECT 40c. WIDENING O - SB 1-405 FROM HARBOR ON RAMP TO FAIRVIEW ON RAMP
PROJECT 40d. WIDENING OF SB 1-405 FROM FAIRVIEW ON RAMP TO BRISTOL OFF RAMP
PROJECT 40e. WIDENING 0,= NB 1-405 FROM BRISTOL ON RAMP TO FAIRVIEW OFF RAMP
PROJECT 40f. WIDENING OF N13 1-405 FROM FAIRVIEW OFF RAMP TO SR -73 CONNECTOR ON RAMP
PROJECT 40h. WIDENING OF NB 1-405 FROM SR -73 CONNECTOR ON RAMP TO HARBOR OFF RAMP
SIGNIFICANT ARTERIAL IMPROVEMENTS
17th (Orange to Irvine)
17th (Whittier to Superior)
18th (Park to Newport)
19th (Whittier to Monrovia)
22nd (SR -55 to Santa Ana)
Anton (Bristol to Sunflower)
Improve to 6 lanes
Improve to 4 lanes
Improve to 4 lanes
Improve to 4 lanes
Improve to 4 lanes
Improve to 6 lanes
$3,060,623
$564,462
$2,744,666
$491,964
$1,551,351
$15,845,009
$583,850
$6,708,200
$22,075,707
$11,085,660
$23,600
$3,746,854
$2,171,683
$590,763
$4,220,600
$584,000
$704,223
SUB TOTAL $76,753,215
$12,134,041
$9,172,700
$214,800
$2,659,242
$13,779,425
$10,000
co
COMPREHENSIVE TRANSPORTATION SYSTEM
(CAPITAL) IMPROVEMENT PROGRAM
LOCATION IMPROVEMENT ESTIMATED COST
Arlington (Newport to Fairview)
Baker (Bear to Red Hill)
Bear (@ SR -73)
Bear Street Overcrossing
Bristol (Bear to Red Hill)
Bristol Street Overcrossing
Bristol (1-405 to Baker)
Del Mar (Elden to Santa Ana)
Fairview (Wilson to SR -55)
Red Hill (1-405 to Bristol)
Santa Ana (Mesa to Del Mar;
Sunflower (Between Harbor & Fairview)
Susan (Sunflower to South Coast)
Wilson (Placentia to Harbor)
Wilson (College to Fairview)
INTERSECTION MODIFICATIONS
8. Newport & 19th
12. Newport & 18th
15. Newport & 17th
16. Orange & 17th
17. Santa Ana & 17th
18. Tustin & 17th
21. Superior & 16th
23. Bear & Sunflower
25. Bristol & Sunflower
28. Sakioka/Flower & Sunflower
Improve to 4 lanes
N/A
Improve to 6 lanes
$3,051,169
Improve to 6 lanes
$10,000
Improve to 6 lanes
$5,141,680
Improve to 6 lanes
$1,473,629
Improve to 7 lanes (4 NB)
$1,892,000
Improve to 7 lanes (4 NB)
$1,933,750
Improve to 4 lanes
$3,969,828
Improve to 6 lanes
$315,000
Improve to 6 lanes
$3,655,945
Improve to 4 lanes
$1,657,727
Improve to 4 lanes
N/A *
Construct as secondary
N/A *
Improve to 4 lanes
$7,901,000
Improve to 4 lanes
$6,412,305
SUB TOTAL $75,384,241
Add 3rd WBT, 2nd SBL, EBR to 3rd EBT & free WBR
Add 2nd NBL, 2nd EBL & SBR
Add 2nd WBL
Add NBR, 3rd EBT & WBT
Add NBR, SBR, EBR, WBR, 3rd EBT & WBT
Add NBR, EBR, WBR, 3rd EBT & WBT
Add WBL
Improvement Complete
Add WBR (remaining improvement)
Add EBR
$618,487
$20,000
$234,000
$261,676
$411,790
$207,819
$7,000
$266,279
$1,455,147
$229,000
N
O
COMPREHENSIVE TRANSPORTATION SYSTEM
(CAPITAL) IMPROVEMENT PROGRAM
LOCATION IMPROVEMENT ESTIMATED COST
29. Anton & Sunflower
31. Bristol & Town Center
33. Bristol & Anton
31. Bear & Paularino
41. Bristol & Paularino
42. SR -55 SB Ramps & Paularino
43. Bear & SR -73 SB Ramps
44. Bear & Baker
45. Bristol & Baker
46. SR -55 SB Ramps & Baker
48. Harbor & Sunflower
49. Fairview & Sunflower
53. Harbor & South Coast Drive
59. Harbor & Gisler
61. Harbor & Nutmeg
62. Harbor & Baker
64. Fairview & Baker
69. Fairview & Adams
70. SR -55 NB Ramps & Paularino
71. Red Hill & Paularino
73. SR -55 NB Ramps & Baker
74. Red Hill & Baker
76. Bristol & Bear
79. Bristol (N/S) & Newport NB
80. Bristol (N/S) & Red Hill (EMI)
90. Newport NB & Del Mar
91. Fairview & Wilson
98. Newport NB & Victoria/22nd
105. Harbor & Adams
109. Harbor & Fair
Add 2nd WBL
$205,000
Add 2nd WBL & free EBR
$515,000
Improvement Complete
$1,580,915
Improvement Complete
$118,324
Add 2nd WBR & 4th NBT
$310,000
Add SBL
$201,400
Add 3rd NBT & EBR
$92,000
Add EBR, 2nd NBT & 3rd WBT
$175,000
Add 3rd EBT, WBT & 4th NBT
$502,025
Add 3rd EBT, WBT, 2 SBL, SBR, free EBR & 2nd SBT to SBI
$626,900
Add EBR, NBR & WBR
$700,000
Add SBR & EBR
$597,000
Add NBR, SBR, WBR, 2nd WBL & 4th SBT
$1,650,076
Add WBR, SBR & 5th NBT
$640,000
Add 4th SBT & NBR to 4th NBT
$813,000
Add 4th NBT, SBT, & 2nd EBL
$1,615,050
Add 3rd WBT, 4th SBT & EBR to 3rd EBT
$1,373,000
Add free SBR
$761,111
Add WBR & 2nd WBR
$599,500
Add 3rd NBT, SBT & SBR
$1,496,748
Add 3rd EBT, WBT, 2nd NBT, NBR & NBUNBT to NBL & 2nc
$419,150
Add 3rd NBT, SBT/SBR & SBR
$1,142,995
Add 3rd SBT
$5,000
Add EBR & 3rd NBT, SBT
$20,000
Add EBR & 3rd SBT
$395,941
Add NBR & free WBR
$696,594
Add 3rd NBT, SBT & 2nd EBT, WBT
$1,286,130
Add 2nd EBT
$612,800
Add 2nd WBL, NBR, EBR & WBR
$1,788,248
Add WBR
N/A
COMPREHENSIVE TRANSPORTATION SYSTEM
(CAPITAL) IMPROVEMENT PROGRAM
LOCATION
113. Harbor & Wilson
123. Monrovia & 19th
124. Irvine & 19th
125. Orange & 19th
126. Santa Ana & 19th
127. Tustin & 19th
N/A * TO BE CONSTRUCTED BY DEVELOPER
N
IMPROVEMENT
Add EBR & WBR
Add NBR
Add SBR
Add SBR
Add NBR & SBR
Add NBR & SBR
_ESTIMATED COST
$295,000
$252,000
$68,000
$41,000
$27,000
$56,000
SUB TOTAL $25,389,105
TOTAL $177,526,561
294)
(283)
�—� 240 285)
239
(282
238 243
+
-� 241 d 247
!2e1
ti
COSTA MESA ZONES
1-84 86-165
167 — 168 170-175
1
213 12
COSTA MESA TRAFFIC ANALYSIS ZONES
215
22 EXHIBIT D
(260 233 241 15
(2 88
299
(25B) 220 237 It
1 ,0 14
258) 219 17 13
257 _' 1� ��
'
172 175
218 '�� ti . 18 12
1
217 225 , 254
256
216 224 (8 24 9 2
28
111 174
7
4'
721 223 29 Y
5 3
173
38
a
e.. ' 2v 33 30 4
170
�
39 3' 32 d5 64
I. 63
..,•, a
270
36 31
27 1
37
sL 82 81
167 '
168 272
AS
. 43
52 60
`•+ .59
�'•
152 158
163
50 53
o i �.,
151 137
169
161
51 t25
a754
78 eZ
150 156
163
3 ':
49 80 124
e.... y.
148 155
176
182
81 �
77 79 +'
46 121
148 1,54
,r.,
161 177
78 120
89 118
147 153
160 188
179
_
�A
75 Ilr
�•
y
131 137
159 +
1178
f252
1� 73 � / m
1, �4'
�
'1.
i i
66 71
130 36
142 146
b� 70 \01 A ? --Its
���
129 13g
141 14F 181 182
68 • 1 1 1
65 �• 105
128 134
180
140 144
� 90 eg 87 100 tOdr
251 64 r
88
X127
133
184
139 143 183
98 90 0
102
13t) 188
X85 93 1)5
132
-� 83 87 g2 94 98
250 ±
128
188 187
� g 1
193 '
195 ^185
,�" 190
189
249 191 192 1p4
198
211
20
197 •�'
199
2
206 207
► 212
1
213 12
COSTA MESA TRAFFIC ANALYSIS ZONES
215
22 EXHIBIT D
GENERAL PLAN TRAFFIC GROWTH ANALYSIS
-
POSITIVE
NEGATIVE
CMTM ZONE
EXISTING
POST -2010
CHANGE
TRAFFIC
TRAFFIC
NUMBER
ADT
ADT
IN ADT
GROWTH
GROWTH
1
5856
6118
262
262
- 2
6499
8785
2286
2286
3
10822
14364
3542
3542
4
13308
9183
-4125
-4125
- 5
8469
6448
-2021
-2021
6
1310
1310
0
0
7
2457
6374
3917
3917
8
7002
8143
1141
1141
9
10673
11211
538
538
10
8305
10493
2188
2188
11
4
8607
8603
8603
12
7925
4617
-3308
-3308
_ 13
7229
9465
2236
2236
14
0
6032
6032
6032
15
3
10891
10888
10888
- 16
9196
8188
-1008
-1008
17
11681
15792
4111
4111
18
14954
17126
2172
2172
T 19
6173
6835
662
662
20
6173
6835
662
662
- 21
12347
13670
1323
1323
22
12347
13670
1323
1323
23
6173
6835
662
662
_ 24
12347
13670
1323
1323
25
6173
6835
662
662
26
19357
19357
19357
- 27
18874
18874
0
0
28
6832
6943
i11
111
_ 29
7672
6571
-1101
-1101
30
1488
1488
0
0
31
2644
2644
2644
- 32
321
3516
3195
3195
33
3353
8745
5392
5392
34
1811
1811
1811
- 35
5587
4681
-906
-906
36
5792
11757
5965
5965
37
12198
15603
3405
3405
38
5098
4390
-708
-708
39
3586
5920
2334
2334
_ 40
1721
9255
7534
7534
41
1383
1425
42
42
23 EXHIBIT E
GENERAL PLAN TRAFFIC GROWTH ANALYSIS
24
POSITIVE
NEGATIVE
CMTM ZONE
EXISTING
POST -2010
CHANGE
TRAFFIC
TRAFFIC -
NUMBER
ADT
ADT
IN ADT
GROWTH
GROWTH
42
18795
13093
-5702
-5702-
5702-43
43
30718
20856
-9862
-9862
44
6198
7485
1287
1287
45
10523
11287
764
764
_
46
2977
3144
167
167
47
3244
3462
218
218
_
48
12281
13350
1069
1069
49
8401
8001
-400
-400
50
4830
5366
536
536
-
51
7532
10310
2778
2778
52
16998
11618
-5380
-5380
53
18358
13542
-4816
-4816
54
9214
8627
-587
-587
55
15220
19736
4516
4516
56
37510
41850
4340
4340
_
57
4092
4441
349
349
58
6431
8538
2107
2107
-
59
1800
1800
0
0
60
2228
3024
796
796
61
194
1675
1481
1481
62
9067
9072
5
5
63
3266
3434
168
168
64
3786
6924
3138
3138
_
65
3951
5238
1287
1287
66
2601
3083
482
482
_
67
2155
2240
85
85
68
2666
3960
1294
1294
69
3382
3382
0
0
-
70
2225
2421
196
196
71
2558
3140
582
582
72
1198
1610
412
412
_
73
2294
2904
610
610
74
6482
6904
422
422
_
75
6248
6362
114
114
76
11580
11366
-214
-214
77
17784
18662
878
878
-
78
24826
17965
-6861
-6861
79
30695
21220
-9475
-9475
80
5824
6600
776
776
_
81
6959
11609
4650
4650
82
2082
2082
0
0
24
GENERAL PLAN TRAFFIC GROWTH ANALYSIS
POSITIVE NEGATIVE
CMTM ZONE EXISTING POST -2010 CHANGE TRAFFIC TRAFFIC
NUMBER ADT ADT IN ADT GROWTH GROWTH
83
296
343
47
47
84
4899
3927
-972
-972
85
86
1374
1968
594
594
87
1451
2817
1366
1366
88
4175
3496
-679
-679
89
2812
2812
0
0
90
2094
2588
494
494
91
2889
3853
964
964
92
2563
3344
781
781
93
3598
4292
694
694
94
2750
3051
301
301
95
2724
3821
1097
1097
96
9705
6482
-3223
-3223
97
7799
4744
-3055
-3055
98
4219
4541
322
322
99
3702
4074
372
372
100
7460
7342
-118
-118
101
1575
1875
300
300
102
3563
9246
5683
5683
103
6835
3313
-3522
-3522
104
2673
4241
1568
1568
105
5719
5887
168
168
106
5595
4680
-915
-916
107
3285
2890
-395
-395
108
3943
5044
1101
1101
109
3410
5918
2508
2508
110
3774
3259
-515
-515
111
14038
9564
-4474
-4474
12
5649
5586
-63
-63
113
4999
4/89
-210
-210
114
15412
14482
-930
-930
115
1467
7223
5756
5756
116
9739
15082
5343
5343
117
4045
8493
4448
4448
118
13608
9694
-3914
-3914
119
6835
8839
2004
2004
120
5870
11758
5888
5888
121
5689
7859
2170
2170
122
7268
4722
-2546
-2546
123
4239
4407
168
168
25
GENERAL PLAN TRAFFIC GROWTH ANALYSIS
POSITIVE NEGATIVE
CMTM ZONE EXISTING POST -2010 CHANGE TRAFFIC TRAFFIC
NUMBER ADT ADT IN ADT GROWTH GROWTH
124
7668
8745
1077
1077
-
125
10723
12307
1584
1584
126
3173
4118
945
945
127
11359
8893
-2466
-2466 -
128
11325
11503
178
178
129
11200
8685
-2515
-2515 -
130
5129
4451
-678
-678
131
5995
8427
2432
2432
132
1970
2505
535
535
-
133
14715
9568
-5147
-5147
134
13304
10381
-2923
-2923
135
1966
1966
0
0
-
136
1996
1993
-3
-3
137
2071
1833
-238
-238 _
138
1323
1883
560
560
139
9175
7546
-1629
-1629
140
8592
6154
-2438
-2438 -
141
1739
1380
-359
-359
142
1749
1450
-299
-299
143
10550
6175
-4375
-4375
144
13647
6403
-7244
-7244
145
1700
1700
0
0
146
2538
2300
-238
_
-238
147
5803
6650
847
847
148
4946
5781
835
835
-
149
8638
6243
-2395
-2395
150
4816
8218
3402
3402
151
4814
9462
4648
4648
152
4651
10310
5659
5659
153
1905
2074
169
169
154
1849
1520
-329
_
-329
155
1361
2140
779
779
156
1939
2065
126
126
_
157
1970
2411
441
441
158
1907
2214
307
307
159
1978
2582
604
604
-
160
1436
1948
512
512
161
1210
1210
0
0
162
1651
1940
289
289
_
163
2466
3301
835
835
164
2460
3665
1205
1205
_
26
GENERAL PLAN TRAFFIC GROWTH ANALYSIS
27
POSITIVE
NEGATIVE
CNITM ZONE
EXISTING
POST -2010
CHANGE
TRAFFIC
TRAFFIC
NUMBER
ADT
ADT
IN ADT
GROWTH
GROWTH
165
1630
3011
1381
1381
166
_
167
5117
8999
3882
3882
168
12305
16530
4225
4225
_ 169
170
26161
16751
-9410
-9410
171
1372
2161
789
789
- 172
3979
6134
2155
2155
173
9712
14444
4732
4732
174
3282
3445
163
163
_ 175
5843
9413
3570
3570
_ TOTAL
1113052
1223194
110142
234833
-124691
27
1 TRIP END 1 TRIP 1 TRIP END
ORIGIN DESTINATION
T1 TRIP END
T
T
T
I
1 TRIP END
1 TRIP END
1 TRIP END
TRIP END
1 TRIP END
1 TRIP END
T O
FROM
COSTA MESA
OUTSIDE
TOTAL
,,OSTA MESA
(q1
OUTSIDE
+ Op
TOTAL
A� + �C
@ + OD
QA + @B + aC + @D
LOCAL TRIP ENDS = OA + 1/2 OB + 1/2 C�
REGIONAL TRIP ENDS = @D + 1/2 OB + 1/2 a
LOCAL AND REGIONAL TRIP ENDS
7R
FXHIBIT F
F
ORIGIN DESTINATION
TRIP
TRIP TRIP
END END
DEVELOPMENT A
DEVELOPMENT B
TRIP ENDS ALLOCATED EQUALLY
TO BOTH DEVELOPMENT A AND B
NEI'y'
LAND
NEW
LAND
TRP ENDS ALLOCATED TRIP ENDS ALLOCATED
/` TO DEVELOPl.fENT A TO DEVELOPMENT S
USE
/
USE
I I G
I I
N
N
�E
�_��
U
TRIP ENDS EXCLUDED FROM
TRIP FEE ANALYSIS
ALLOCATION OF TRIP ENDS
29 EXHIBIT G
z
O
H
a p
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N
J K
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CITY-WIDE TRAFFIC IMPACT FEE PROGRAM
COST SUMMARY
CALCULATIONS FOR PROPOSED FEE OF $281 PER AVERAGE DAILY TRIP END
Total Amount Funded By
Improvement Description Estimated Cost Traffic Impact Fees Unfunded Amount
Freeway Access $76.7 million
$20.2 million
$56.5 million
(100%)
(26%)
(74%)
Arterials $75.4 million
$32.2 million
$43.2 million
N (100%)
(43%)
(57%)
Intersections $25.4 million
$11.6 million
$13.8 million
(100%)
(46%)
(54%)
TOTAL $177.5 million
$64.0 million
$113.5 million
(100%)
(36%)
(64%)
APPENDIX "A"
RESOLUTION NO. qJ - -3�
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADOPTING A
DEVELOPMENT PHASING AND PERFORMANCE MONI-
TORING PROGRAM.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Revised Traffic Improvement and Growth Management Ordinance was
approved by the County of Orange voters in November 1990;
WHEREAS, the City of Costa Mesa 1990 General Plan requires such a program to be
adopted;
WHEREAS, adoption of the program is necessary in order to be eligible for additional
sales tax monies; and
WHEREAS, this program has been determined to be exempt froin the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa hereby adopts the Development Phasing and Performance Monitoring Program as shown
in Exhibit "A".
-- PASSED AND ADOPTED this 3rd day of May, 1993.
ATTEST:
Deputy C, Clerk of the City of Mayor of the City of Costa Mesa
Costa AIe
P�R@OVED :', TO FORM
CITY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss _
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93.34
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 3rd day of May, 1993. _
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 4th day of May, 1993.
T
Deputy CiClerk and ex -officio Clerk of
the City Cjincil of the City of Costa Mesa
EXHIBIT A
DEVELOPMENT PHASING
AND
PERFORMANCE MONITORING PROGRAM
I. INTRODUCTION
Phasing of land use development and circulation improvements
to support development -generated traffic has long been a
concern in California. The importance of the relationship
between land use entitlements and circulation system capacity
is recognized at the state, regional anti local levels. At the
state level, Section 65302(b) of the Government Code requires
correlation between the Land Use and the Circulation Elements
of local government general plans. At the regional level, the
Revised Traffic improvement and Growth Management Ordinance
(Measure M) approvers by county voters in November 1990
-- requires cities to adopt development and circulation phasing
plans to be eligible for the additional. 1/2 cent sales tax
increase authorized by the ordinance. Finally, at the local
level, both the Largs Use and the Growth Management Elements of
the 1990 General Plan require similar phasing programs.
II. PURPOSE
This Development Phasing and Performance Monitoring Program
(DPPMP) has been developed to fulfill the mandates of the
County Measure M funding eligibility requir.ement•s and the
Growth Management Element of the city of Costa Mesa 1990
General Plan. The purpose of the program is to conduct an
annual review off' the cumulative impacts of development and
circulation s)a,tvin capacity. The program will track current
land use entitlements and construction activity and will
monitor arterial highway traffic volumes and intersection
levels of service.. The goal of the program is to ensure that
infrastructure is added as development-. proceeds so that the
established level of service standard (LAOS "D") is
maintained throughout the community. The program would also
serve to identify potential dericienciPs and corrective
measures, if needed.
Whig a the focus of the DPPMP is, on cumulative or city-wide
performance, project -specific analysis is also critical to
ensure that the established level of service standard is
maintained. This level of analysis is mandated by the city's
Transportation Systems Management Ordinance (Article 22 1/2 of
the Costa Mesa Municipal Code). Project -specific monitoring
_ to ensure adequate mitigation of project impacts was mandated
by AB 3180, codified as Section 21081.6 of the California
Public Resources Code.
III. DEVELOPMENT ACTIVITY
This section of the DPPMP will inventory two levels of land
use development activity. The first inventory will consist of
construction activity completed during the past year. The
inventory will be provided by major land use type
(residential, commercial, industrial and institutional) and
location (street address and Traffic Analysis Zone). _
The second inventory will consist of land use entitlements
which will result in future construction activity or major
changes of use. The inventory will be divided into major land
use types (residential, commercial, industrial and
institutional) and will be identified by location. As
construction generally follows the initial land use
entitlement by several months, this inventory will allow land
use and transportation planners the opportunity to identify
trends or to develop projections which may result in changes
to traffic demand or generation patterns and provide an early
warning of potential future circulation system impacts. In
this sense, the program will serve both monitoring and
predictive purposes. _
IV. CIRCULATION SYSTEM PERFORMANCE
This section of the DPPMP will inventory two aspects of the
city's circulation system performance. The fist will
inventory the intersection capacity utilization (ICU) values
of all signalized intersections within the community.
Intersection ICUs will be calculated on an annual basis and
will be conducted during the spring season of each year. _
The second section will consist of identifying the average
daily traffic volumes on major arterials throughout the
community. As annual changes in traffic volumes are generally
not very significant, these counts will be conducted on a
biennial basis and will be taken during the spring season of
each odd -numbered year.
In addition to inventorying existing conditions, this section
will also compare the results of the current year with past
years and will provide an analysis of changes which have
occurred since the last inventory. As with the land use
inventories, this analysis may pinpoint any major trends or
potential problem areas which should be watched to avoid
future deficiencies.
V. PERF'ORHANCE EVALUATION
While the last two sections have been primarily descriptive in
nature, this section of the Development Phasing and
Performance Monitoring Program will be more analytic. This
section will take the information provided by the land use and
circulation system inventories and compare the results to the
established level of service standard. The analysis shall not
only evaluate existing performance, but will also identify
potential deficiencies based upon an comparative analysis of
past performance evaluations.
-- VI. ACTION PLAN
The primary purpose of this section of the Development Phasing
and Monitoring Program will be to summarize the results of the
previous sections and to develop recommendations to address
any identified deficiencies. The recommendations should
identify needed circulation system improvements which can be
incorporated into the city's capital improvement program. As
with the previous sections, some analysis of trends and
projections should be developed to identify any future
potential problem areas or to address emerging trends which
may lead to future problems.
VII. IMPLEMENTATION
The Development Phasing and Performance Monitoring Program
shall be jointly prepared by the Planning and Transportation
services Division on an annual basis. The program shall be
prepared on a fiscal (or calendar year) basis and shall be
presented to the Planning Commission, the Transportation
T Commission and the City Council for review and comment. The
first Development Phasing and Performance Monitoring Program
shall be prepared in the summer of 1993. Costs associated
with the annual monitoring program may be an eligible expense
of Measure M funds.
(MONTCOR.PRO)
APPENDIX "B"
ORDINANCE NO. 93-1I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13
OF THE COSTA MESA MUNICIPAL CODE IN REGARDS TO
THE TRANSPORTATION SYSTEM MANAGEMENT
PROCEDURES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.: The City Council of the City of Costa Mesa finds and
declares as follows:
WHEREAS, the City of Costa Mesa General Plan was adopted by
City Council Resolution #92-27 on March 16, 1992; and
WHEREAS, adoption of the 1990 General Plan included amendments
to the City's policies regarding transportation system management;
and
WHEREAS, inconsistencies did result between the 1990 General
Plan and Article 223-, of Title 13 of the Costa Mesa Municipal Code
in regards to the transportation system management procedures; and
WHEREAS, pursuant to California Government Code Section 65860
(c), inconsistent zoning ordinances and maps shall be amended
within a reasonable time to be consistent with the General Plan as
amended; and
WHEREAS, based on the evidence in the record a Negative
Declaration and DeMinimis Finding have been prepared and are
adopted in conjunction with the amendment to the Municipal Code;
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Codes as follows:
Section 2.: Article 22? of Chapter II of the Costa Mesa Municipal
Code is hereby amended i{s follows:
ARTICLE 22--1/2. TRANSPORTATION SYSTEM MANAGEMENT
Sec. 13-324, Definitions.
(a) Existing Lot:
(1) A parcel of real property shown as a delineated parcel of
land with a number or designation on a subdivision map
recorded in the office of the county recorder and/or
created in conformance with the subdivision laws of the
State of California and applicable local ordinances.
1
(2) A parcel of real property 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. —
(b) Development Project: This article applies to the following
development project approvals: general plan amendments,
specific plans, master plans, rezones, development reviews, —
variances, use permits, administrative adjustments,
development agreements, and preliminary and final development
plans, unless otherwise exempted by Section 13-328. —
(c) Intersection: The general area where two or more roadways
join or cross.
(d) Master Plan of Highways: The graphic representation of the
City's ultimate circulation system contained in the City of
Costa Mesa General Plan. It illustrates the width and general —
alignment of the City's major, primary, secondary and
collector highways.
(e) Measurable Traffic: A volume of traffic which will result in
a 0.01 or greater increase in the peak period volume to
capacity ratio at any given signalized intersection.
(f) Potentially Deficient Intersection: An intersection
identified in the City of Costa Mesa General Plan for which
the standard level of service may not be feasible upon General
Plan buildout. The intersection volume to capacity ratios
identified in the General Plan shall not be exceeded for these
intersections.
(g) Pro Rata: A proportionate share based on a development
project's impacts.
(h) Standard Level of Service: The Standard Level of Service
shall be Level of Service "D" or better (0.90 or less volume
to capacity ratio) for all signalized arterial intersections —
within the City of Costa Mesa during peak hours Monday through
Friday wVr.h the exception of those intersections iduntifie I as
potentially deficient in the General Plan. Levels of service
shall be defined and computed using the Intersection Capacity —
Utilization (ICU) methodology.
(i) Transportation Demand Management Program: A series of
required and/or voluntary actions which reduce the vehicle
trip generation rate of a specific use or uses of land.
Sec. 13-325. Comprehensive Transportation System Improvement —
Program
(a) Purpose: The Comprehensive Transportation System Improvement
K
Program shall be adopted by resolution of the City Council
which addresses the cumulative impacts of development in a
defined impact area. This program shall mandate circulation
improvements, including freeway improvements, to ensure that
the Master Plan of Highways is constructed and that the
Standard Level of Service is achieved and will be maintained
at all intersections in the defined impact area in accordance
with the City of Costa Mesa General Plan. For those
intersections identified as potentially deficient, the program
shall identify the maximum improvements feasible in accordance
with the General Plan. The program shall address the funding,
construction and maintenance of transportation facilities to
implement the Master Plan of Highways. The program shall be
updated on an annual basis.
(b) Relationship to Development Fee Program: The Comprehensive
Transportation System Improvement Program shall be utilized to
determine the pro rata share of the cost of necessary
improvements attributable to development projects as described
in Section 13-326.
(c) Development Phasing and Performance Monitoring Report: Each
year the City shall prepare a Development Phasing and
Performance Monitoring Report which shall be used to update
the Comprehensive Transportation System Improvement Program.
(d) Interim Approval Procedure: Until such time as this program
is adopted, development projects not exempted pursuant to
Section 13-328 may be approved if the City adopts findings
that the development projects are consistent with the
provisions of this article.
Sec. 13-326. Development Impact Fee Program
(a) Establishment of Development Impact Fee Program: A
development impact fee program shall be established by
resolution adopted by the City Council based on the
Comprehensive Transportation System Improvement Program. The
program shall set forth the basis for the fee as required by
California Government Code Section 66001. The program shall
estahiish quidel.ines for payment., accountinq, and i-efund of
the fees collected ;-s required by California Government Code
Sections 66001, 66006, and 66007.
(b) Updates of Fee: On an annual basis, the City Council shall
review this fee program, as required by California Government
Code Section 66002, to determine whether the fee amounts are
reasonably related to the impacts of development projects and
whether the described public facilities are stili needed.
3
(c) Limited Use of Fees: The revenues raised by payment through
this fee program shall be placed in a separate and special
account and such revenues, along with any interest earnings on
that account, shall be used solely to:
(1) Pay for the City's future construction of facilities or
to reimburse the City for those facilities, described or
listed in the program, constructed by the City with funds
advanced by the City from other sources, or
(2) Reimburse developers who have been required or permitted
to install such listed facilities to the extent the
actual cost of the facilities installed by the developer
exceeds the impact fee obligation of the development
project.
(d) Developer Construction of Public Facilities: Whenever the
conditions of approval of a development project require direct
construction of a public transportation facility (see Section
13-327(c)) described or listed in the Comprehensive
Transportation System Improvement Program, a credit or
reimbursement, as applicable, shall be given against the
development impact fee, which would have been charged to the
development project under the program, for actual construction
costs incurred by the developer. The reimbursement and/or
credit amount shall not include any improvements the City can
require from the development project under the Subdivision Map
Act, or the portion of the improvement deemed to be an on-site
improvement that is not included in the Comprehensive
Transportation System Improvement Program.
(e) Fee Adjustments: A developer of any development project
subject to the fee program provided in this article may apply
to the City Council for:
(1) A waiver of the fee, or portion of the fee, based upon
adequate documentation of the absence of any reasonable
relationship or nexus between the circulation impacts of
that development project and either the amount of the fee
charged or the type of facilities to be financed; or
(2) A reduction o` the fee based upon the implementation of
a Transportation Demand Management Program, as described
in Subsection (d) of Section 13-327.
The application for a fee waiver shall be made in writing and
filed with the City Clerk not later than: 1) ten (10) days
prior to the public hearing on the development permit
application for the project, or 2) if no development permit is
required, at the time of the filing of the request for a
building permit. The application shall state in detail the
factual basis for the claim of waiver. The City Council shall
consider the application at the public hearing on the permit
4
application held within 60 days after the filing of the
application. The decision of the City Council shall be final.
If a waiver is granted, any change in use or increase in
building intensity within the development project shall
invalidate the waiver of the fee, and the developer shall be
obligated to pay the full amount of the fee attributed to the
development project, including the change in use or increase
in intensity, as provided by this article.
(f) Fee Refunds: A refund shall be made when a building permit
expires and no extensions have been granted for a development
project for which the funds have been collected and the
development project has not been constructed.
(g) Fees for Phased Development Projects: Where there is a
requirement imposed upon a phased development project pursuant
to this article for the payment of traffic impact fees into a
Comprehensive Transportation System Improvement Program, such
fees may be payable on a pro -rata basis as each phase of the
project is completed, in conjunction with the improvements
accomplished.
Sec. 13-327. Development Project Review Procedures.
(a) Traffic Study Required: A traffic impact study shall be
required for all development projects estimated by the
Director of Public Services to generate 100 or more vehicle
trip ends during a peak hour. Traffic studies may also be
required for smaller projects at the discretion of the
Director of Public Services. The cost of the study shall be
paid for by the developer. The study area and number of
intersections to be analyzed shall be determined by the
Director of Public Services and the study area shall be
reasonably related to the estimated impacts attributed to the
development project. The traffic study shall also identify
mitigation measures that are reasonably related to the
development project's traffic impacts.
(b) Mitigation Measures: Mitigation measures for development
projects shall consist of either payment of a development
impact free and/or construction nl circilation improvements
The necessary circulation imprc.;ra r_ar td may be det .igrcd and
constructed by the developer as determined by the City. These
mitigation measures shall be incorporated as conditions of the
development project's approval. Table 13-327(b)-1 indicates
the criteria for either requiring payment of a development
impact fee and/or construction of circulation improvements.
(c) Approval Criteria: A development project may be approved if
as a condition of approval it is required to construct a
circulation improvement and/or pay a development impact fee,
as shown in Table 13-327(b)-1, and if a finding is made that
the development project's impacts will be mitigated at all
5
affected intersections within three years of issuance of the
first building permit for said development project, as
described in Section 13-327 (b) , unless additional right--of-way
or coordination with other government agencies is required to
complete the improvement. If right-of-way acquisition or
coordination with other governmental agencies delays the
improvement construction, appropriate measures shall be taken
to ensure that the improvement construction occurs in a timely
manner. Circulation improvements may be required sooner if,
because of extraordinary traffic generation characteristics of
the development project or extraordinary impacts to the
surrounding circulation system, the circulation improvements
are necessary to prevent significant adverse impacts. For
phased development projects, the construction of circulation
improvements may be phased as well based upon the findings of
the traffic study.
When a development project affects a potentially deficient
intersection, the development project's impacts shall be
mitigated such that the intersection volume to capacity ratios
identified in the General Plan shall. not be exceeded.
(d) Transportation Demand Management Program: Where a
Transportation Demand Management Program is used to reduce
vehicle trips related to a development project, said program
shall comply with the following:
(1) A conditional use permit for the development project and
program must be approved by the Planning Commission
consistent with the requirements of Subsection (c). An
annual report shall be prepared for the City at the
expense of the property owner, to show whether the
vehicle trip reduction identified in the program has been
achieved and maintained.
(2) If the annual report demonstrates that the vehicle trip
reductions identified in the program have not occurred,
the conditional use permit shall be reevaluated and
additional conditions imposed by the Planning Commission
in order to meet the requirements of this article.
(1 ) The traffic impact - eveinpiriert f,, --'es r oF�quiT ed under +anis
ar%'Acle shall be based on the trip generation forecast
without consideration of estimated reductions associated
with a Transportation Demand Management Program. An
application for a fee reimbursement may be approved by
the City Council pursuant to subsection (e) of Section
13-326 based upon documentation of average annual trip
reduction over a three year period as reported in the
annual. monitoring report referenced in Section 13-325(C) .
(e) Change of Use: Each development project approved under
this article shall be reevaluated by the Director of
11
Public Services when any change in use occurs which may
increase the project's traffic generation. The purpose
of this reevaluation is to assure that traffic capacity
_ is available in the transportation system. Any increase
in traffic generation by the change of use shall be
subject to review by the appropriate reviewing authority
who may impose additional conditions on the development
project for the mitigation of the increased traffic
generation.
Sec. 13-328. Exemptions.
(a) Exempt Development Projects: Projects which fall within any
of the categories listed below shall be exempt from the
provisions of this article:
(1) Any residential construction that does not increase the
number of permanent housing units on the parcel where the
construction takes place, such as remodeling or
rebuilding an existing house or units. Granny units and
assessory apartments are also exempt.
(2) Any industrial or commercial construction that neither
increases the footprint nor square footage or changes the
use on the parcel where the construction takes place,
such as remodeling or rebuilding an existing structure,
and does not increase peak hour trip generation.
(3) Public benefit facilities limited to public libraries,
public administration facilities, public parks, public
utilities, schools, and related facilities.
4) Facilities serving the health and safety of the public,
limited to hospitals, police, fire and safety facilities.
7
Table 13-327(b)-1
PROJECT
INTERSECTION
MITIGATION
INTENT OF
DEVELOPMENT SIZE
CONDITION
IMPACT'
MEASURE(S)
MITIGATION MEASURE(S)
Projects generating less
Adequate
No
Payment of impact fee
Contribute to implementation of
than 100 peak hour
(Standard Level of Service
the Comprehensive Transportation
tripends
or better)
System Improvement Program
OR
Yes
Deficient
(exoseds Standard Level
of Service)
Projects generating 100
Adequate
No
Payment of impact fee
Contribute to Implementation of
or more peak hour
(Standard Level of Service
the Comprehensive Transportation
tripends
or better)
System Improvement Program
OR
Yes
Payment of impact fee
Contribute to implementation of
Deficientda
(exceeds Standard Level
and improvement
the Comprehensive Transportation
of Service)
construction by developer
System Improvement Program and
under conditions listed in
mitigate development project's
footnote #2
impacts
1. A 1 % or greater increase in the Intersection Capacity Utilization
2. When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements
identified in the General Plan at the subject location are required as mitigation. If all of the improvements identified in the
General Plan are not required as mitigation, then only the improvements determined necessary by the Director of Public
Services shall be constructed by the developer.
Section 3.:
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
once in the ORANGE COAST DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary
of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this Zday of !9
ATTEST:
Deputy Ci y Clerk of the City of
Costa Me
APPROVED AS TO FORM:
3
City Attorney
9
ar of the City�OC&stt
Mesa
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF COSTA MESA }
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. q.3 -I was introduced and
considered section by sectippn at a regular meeting of said City
Council held on the 3," day of 19 q-'!, and
thereafter passed and adopt! --_q as a whole at a regular meeting of
said Council held on the � day of 19by the
following roll call vote:
AYES: COUNCIL MEMBERS: C�Ert11 5 um PdR E Y) Ea; k5oA.)
NOES: COUNCIL MEMBERS: fJo 1J E
ABSENT: COUNCIL MEMBERS: aoRA) l3a 2IZI-, 13u 4c,=4
l
IN WITNESS WHEREOF, I have hereby sst my handnd affixed the
Seal of the City of Costa Mesa this !$ day of
1993.
Deputy C' y Clerk and ex -officio
Clerk of(/the City Council of the
City of Costa Mesa
10
ORDINANCE NO. 97-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING THE CITY
OF COSTA MESA MUNICIPAL CODE AS FOLLOWS:
COMPREHENSIVELY AMENDING TITLE 13, PLANNING,
- ZONING AND DEVELOPMENT; ADDING CHAPTER VI,
UNDERGROUND UTILITY DISTRICTS TO TITLE 15;
AMENDING SECTION 17-6 REGARDING TEMPORARY
TRAILERS; AMENDING SECTION 11-165 REGARDING
REGULATION OF LEAF BLOWERS; AND AMENDING
SECTION 15-7 REGARDING SIGNS ON PUBLIC
PROPERTY.
T THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa finds and declares as follows:
(1) The State of Califomia Government Code Section 65800 et. seq. enables cities to enact
`- zoning regulations to implement their genera] plans;
(21) Title 13 of the City of Costa Mesa Municipal Code contains the zoning regulations for
the City of Costa Mesa, and this Title has not been comprehensively amended since
1960.
(3) A concise, easy -to -understand zoning code is vital to the administration of the City's
land use regulations and implementation of the City of Costa Mesa 1990 General Plan;
therefore it is necessary to completely reorganize the regulations contained in Title 13.
(4) An additional procedure to review minor deviations from certain development standards
is appropriate to reduce processing costs in regards to time and fees.
(5) The regulations regarding underground utility districts, formerly found in Title 13, are
more appropriately Iocated in Title I5, PUBLIC WORKS.
(6) Additional amendments to references in other titles and sections of the Costa Mesa
Municipal Code are necessary for correct cross-references to Title 13.
4 (7) The proposed changes to the zoning regulations have been reviewed according to the
California Environmental Quality Act (CEQA) and have been found to be exempt under
Section I5061 (b)(3) of the CEQA Guidelines.
1
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa
Mesa Municipal Code as follows:
Section 2. Title 13 is hereby replaced in its entirety with the following:
"TITLE 13
PLANNING, ZONING AND DEVELOPMENT
CHAPTER I. GENERAL —
ARTICLE 1.
TITLE AND AUTHORITY
ARTICLE 2.
DEFINTIONS
ARTICLE 3.
REVIEW AUTHORITIES
ARTICLE 4.
ENFORCEMENT
CHAPTER II. ZONING DISTRICTS ESTABLISHED
CHAPTER III. PLANNING APPLICATIONS
CHAPTER IV. CITYWIDE LAND USE MATRIX
CHAPTER V. DEVELOPMENT STANDARDS --
ARTICLE 1.
RESIDENTIAL DISTRICTS
ARTICLE 2.
COMMON INTEREST DEVELOPMENTS
ARTICLE 3.
COMMERCIAL DISTRICTS ~
ARTICLE 4.
ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED
ARTICLE 5.
INDUSTRIAL DISTRICTS
ARTICLE 6.
PLANNED DEVELOPMENT —
ARTICLE 7.
INSTITUTIONAL AND RECREATIONAL AND INSTITUTIONAL AND
RECREATIONAL SCHOOL DISTRICTS
ARTICLE 8.
FLOOR AREA RATIOS —
ARTICLE 9.
GENERAL SITE IMPROVEMENT STANDARDS
ARTICLE 10.
FLOODWAY AND FLOODPLAIN DISTRICTS
CHAPTER VI. OFF-STREET PARKING STANDARDS
ARTICLE 1.
RESIDENTIAL_. DISTRICTS
ARTICLE 2.
NONRESIDENTIAL DISTRICTS —
ARTICLE 3.
DEVELOPMENT STANDARDS
CHAPTER VII. LANDSCAPING STANDARDS
CHAPTER Vill. SIGNS
ARTICLE 1.
PURPOSE AND SCOPE
ARTICLE 2.
GENERAL PROVISIONS
ARTICLE 3.
SIGN REGULATIONS
ARTICLE 4.
SPECIAL PROCEDURES —
ARTICLE 5.
NONCONFORMING SIGNS
ARTICLE 6.
POLICTICAL CAMPAIGN SIGNS
ARTICLE 7.
ADMINISTRATION AND ENFORCEMENT —
2
CHAPTER IX. SPECIAL LAND USE REGULATIONS
- ARTICLE 1.
ADULT BUSINESSES
ARTICLE 2.
ANTENNAS
ARTICLE 3.
CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE
FUEL
ARTICLE 4.
DENSITY BONUS AND OTHER INCENTIVES
ARTICLE 5.
ELECTRONIC GAME MACHINES
ARTICLE 6.
HOME OCCUPATIONS
4 ARTICLE 7.
MINI -WAREHOUSES
ARTICLE 8.
MOTELS
ARTICLE 9.
OFF-SITE HAZARDOUS WASTE FACILITIES
ARTICLE 10.
TEMPORARY TRAILERS
ARTICLE 1 1.
TRANSITIONAL AREAS
ARTICLE 12.
TRANSPORTATION DEMAND MANAGEMENT
CHAPTER X. NONCONFORMING
USES, DEVELOPMENTS AND LOTS
CHAPTER XI. SUBDIVISIONS
ARTICLE 1.
TENTATIVE MAPS
ARTICLE 2,
VESTING TENTATIVE MAPS
ARTICLE 3.
FINAL MAPS
ARTICLE 4.
PARCEL MAPS
ARTICLE 5.
PARK AND RECREATION DEDICATIONS
ARTICLE 6.
LOT LINE ADJUSTMENTS
CHAPTER XII. SPECIAL FEE ASSESSMENTS
ARTICLE 1.
MAJOR THOROUGHFARE AND BRIDGE FEE
ARTICLE 2.
FIRE PROTECTION SYSTEM
ARTICLE 3,
TRANSPORTATION SYSTEM MANAGEMENT
CHAPTER X111. NOISE
CONTROL
CHAPTER XIV. OIL DRILLING
3
CHAPTER 1. GENERAL
ARTICLE 1. TITLE AND AUTHORITY
Sec. 13-1. TITLE
This title shall be known as the "City of Costa Mesa Planning, Zoning and Development Code%
hereafter referred to as the "Zoning Code".
Sec. 13-2. PURPOSE
The purpose of this Zoning Code is to promote the public health, safety, general welfare and preserve
and enhance the aesthetic quality of the City by providing regulations to ensure that an appropriate
mix of land uses occur in an orderly manner. In furtherance of this purpose the City desires to achieve
a pattern and distribution of land uses which generally:
(a) Establish and maintain a balance of land uses throughout the community to preserve the
residential character of the City at a level no greater than can be supported by the
infrastructure.
(b) Ensure the long term productivity and viability of the community's economic base.
(c) Promote land use patterns and development which contribute to community and neighborhood
identity.
(d) Ensure correlation between buildout of the General Pian Land Use Map and Master Plan of
Highways. _
Sec. 13-3. AUTHORITY AND GENERAL PLAN CONSISTENCY
(a) This Zoning Code is a tool for implementing the goals, objectives and policies of the Costa
Mesa General Plan, pursuant to the mandated provisions of the State Planning and Zoning
Law (State Government Code Section 65000 et seq.). All development within the
incorporated area of the City shall be consistent with the General Plan.
(b) The subdivision provisions of this Zoning Code are intended to supplement and implement the
Subdivision Map Act, and serve as the Subdivision Ordinance of the City. If the provisions of
this zoning Code conflict with any provision of the Subdivision Map Act, the provisions of the
Subdivision Map Act shall prevail.
Sec_ 13-4. REFERENCES TO OTHER LAWS
In some portions of this Zoning Code it is necessary to reference other applicable laws, for example
the Skate Government Code, and in some instances specific code sections are given. These
references are accurate as of the adoption of this Zoning Code, and these references may be amended
from time to time.
4
ARTICLE 2. DEFINITIONS
Sec. 13-5. PURPOSE
The intent of this article 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.
Sec. 13.6. DEFINITIONS
Abutting. Sharing a common boundary, of at least one point.
Accessory apartment, A second dwelling unit within a main or accessory building located on the
same lot with the main building.
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 use. A use incidental and subordinate to, and devoted exclusively to the main use of the
land or building thereon.
Adjacent. Same as Abuttinq, but also includes properties which are separated by a public right-of-
way, not exceeding 120 feet in width.
Administrative adiustment. A discretionary entitlement, usually granted by the Zoning Administrator,
which permits limited deviation from the strict application of the development standards contained in
This Zoning Code, based on specified findings.
Adult business. See CHAPTER IX SPECIAL LAND USE REGULATIONS, ARTICLE 1 ADULT
BUSINESSES for specific definitions and terms.
Alcoholism recovery facility. A type of state regulated care facility which provides 24-hour residential
nonmedical services to adults as defined in Section 11834.02 of the State Health and Safety Code.
Alteration (structure), Any construction, addition or physical change in the internal arrangement of
rooms or the supporting members of a structure, or change in the appearance of any structure, except
paint.
Ambient noise level The all-encompassing noise level associated with a given environment, being a
composite of sounds from all sources, excluding the alleged offensive noise, at the location and
approximate time at which a comparison with the alleged offensive noise is to be made.
Antenna. Any structure, including but riot limited to a monopole, lower, 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 an*.;;nna, device or orbiting satell=te, as
w_.V as sup,orting Qrluipment necessary to instal! or momit r.he 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 hei ht. The distance from the property's grade to the highest point of the antenna and its
associated support structure when fully extended.
5
Antenna, satellite dish. An antenna intended for the purpose of receiving or transmitting
communication to or from an orbiting satellite.
Antenna whi2., 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.
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
Basement. A space wholly or partially underground and having more than one-half of its height,
measuring from floor to ceiling, below the average grade. If the finished floor level directly above the
basement is more than 4 feet above grade at any point, the basement shall be considered a story, `
Bedroom. Any room normally used for sleeping purposes, whether designed as a bedroom or as a
den, study, library or other similar term excluding dining room, living room, kitchen and baths.
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 grade to the highest point on the roof, including chimneys and
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.
City. City of Costa Mesa.
Common area. Those portions of a project area which are designed, intended or used in common and
not under the exclusive control or possession of owners or occupants of individual units in planned
development projects or common interest developments.
Common interest_development. A development as defined in State Civil Code Section 1350,
containing 2 or more commor interF_st units, as defined in Civil Code Section 7$:3, a community
apartment project, as defined in State Business and Professional Code Section 11004, containing 2 or
more rights of exclusive occupancy; and a stock cooperative, as defined in Business and Professional
Code Section 11003.2, containing 2 or more rights of exclusive occupancy. _
Conditional use permit. A discretionary approval usually granted by the Planning Commission which
allows a use or activity not allowed as a matter of right, based on specified findings.
Congregate living health facility - ,A type of state regulated care facility which provides intermediate
health care services with a typical capacity of no more than 6 beds as defined in Section 1250 of the
State Health and Safety Code.
C -J
Convenience stores, mini -markets. A retail store, generally less than 10,000 square feet in area,
Ihat 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 2 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 Director. The Director of Development Services of the City of Costa Mesa, or
Ks/her designee.
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.
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.
Entertainment (live). Any act, play, revue, pantomime scene, dance act, musical performance, or any
combination thereof, performed by one or more persons whether or not they are compensated for the
performance.
Establishment where food or beverages are served. Any commercial use that sells prepared food
andlor 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.
Facility for mentally disordered handicar3ped persons, or dependent and neglected children. A type of
state regulated care facility which provides intermediate care of a 24-hour basis as described in
Section 5116 of the State Welfare and Institutions Code.
Family. One or more persons occupying one dwelling unit and living together as a single
housekeeping unit. Family also includes state regulated care facilities which 6 or fewer persons per
dwelling unit and qualify as a family pursuant to Sections 1566.3 and 1569.85 of the State Health
and Safety Code. Family does not include fraternity, sorority, boarding house, lodging house, club,
hotel or other nonresidential uses.
Family care home - large. A home which provides family day care to 8 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 7 or fewer children as
defined in Section 1596.78 of the State Health and Safety Code.
7
Floor area ratio The gross floor area of a building or project divided by the project lot area upon which
it is located.
Garage. An accessory or attached enclosed building with doors, designed and/or used for vehicle
parking.
Garage sale. An event for the purpose of selling or trading personal property. Garage sale includes
yard sale.
General Plan. The City of Costa Mesa General Plan as adopted or amended from time to time by the
City Council.
Grade. The lowest point of the finished surface elevation of either the ground, paving or sidewalk
within the area between the building and the property line, or when the property line is more than 5
feet from the building, between the building and a line 5 feet from the building.
Gross acreage. The total area within the lot lines of a lot of land before public streets, easements or
other areas to be dedicated or reserved for public use are deducted from such lot, and not including
adjacent lands already dedicated for such purposes.
Gross floor area. The area of all floors within the walls of a structure except elevator and other
vertical shafts (including stairwells) and elevator equipment areas.
Gross leasable area. The total floor area designed for tenant occupancy and exclusive use, including
both owned and leased areas.
Hazardous materials. Any material of quantity, concentration, physical or chemical characteristics,
that poses a significant present or potential hazard to human health and safety or to the environment
if released into the work place or environment; or any material requiring a Material Safety Data Sheet
according to Title 8 Section 339 of the State Code of Regulation.
Height. See Building height and Antenna height.
Home occupation. Any business or commercial use conducted within a dwelling unit.
Hotel. Any building or combination of buildings generally 3 or more stories in height containing 6 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.
Intermediate care facilit /developmentally disabled habilitative. A type of state regulated care facility
which provides intermediate health care services as defined in Section 1250 of the State Health and
Safety Code.
Intermediate care facilit 1 develo mentals disabled - nursing.P. type of state regulated care facility
which 'rrovides intermediate health care services as defined in Section 1250 of the State health and
Safety Code.
intersection. The general area where 2 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 one third of the
area of the room in which it is located.
a
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, interior. A lot abutting only one street, or a lot abutting two streets which intersect at an angle
greater than 135 degrees.
Lot, width. The horizontal distance between the side lot lines measured at right angles to the lot
depth at the front building setback line.
Manufactured housing. Detached housing that is built to the National Manufactured Housing
Construction and Safety Standards Act of 1974, including structures known as manufactured homes
and mobile homes. For the purpose of this Zoning Code, a factory -built single-family structure that is
manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home
Construction and Safety Standards Act, transportable in one or more sections, built on a permanent
chassis and used as a place of human habitation, shall be considered a single-family home and shall be
reviewed under the same standards as a site -built structure.
Master 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.
Minor.. conditional use aermit A discretionary approval granted by the Zoning Administrator which
allows a use or activity not allowed as a matter of right, based on speci`ied 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 12ark. Any area or tract of land where 2 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
9
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 3 -stories in height having 6 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 5 feet in depth by projections which are at least 8
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 8 feet above grade.
Open sace 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.
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
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 subjei;t to the provisk-os applicable to that district.
Planned development. A land area which is developed as an integrated unit under single ownership or
control and having Planned Development zoning designation.
Planning application A broad term for any development project or land use which requires the
discretionary review and approval of either the Planning Division, Zoning Administrator, Planning
Commission, Redevelopment Agency or City Council. Planning applications include administrative
adjustments, conditional use permits, development reviews, variances, redevelopment actions, etc.
Protect. 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.
10
Property line, front. The narrowest property line of a lot abutting a public or private street. If 2 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 2
front property lines). However, for nonresidentiafly 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 nonresidentially 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 fine side. Any property line which is not a front or rear property line.
Property fine ultimate. The boundary of a lot after the dedication of land for use as public right(s)-of-
way.
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.
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.
Recyclable materials. Reusable materials including but not limited to metals, glass, plastic and paper
which are int,,ided for reuse, remanufacture or reconstruction. RecyclablF materials do not include
refuse, ha-ardous materials or hazardous waste.
Redevelopment action_ A discretionary review conducted by the Redevelopment Agency for
applications for development in the Redevelopment Project Area, based on the adopted
Redevelopment Plan and specified findings.
Residential, single-family, Detached single-family home where there is no more than one primary
dwelling unit on a lot.
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.
11
Residential care facility, A type of state regulated care facility for persons with chronic, life
threatening illnesses as defined in Section 1568.01 of the State Health and Safety Code. ^'
Residential care facility for the elderly. A type of state regulated care facility which provides a
voluntary housing arrangement for persons 60 years of age or older as defined in Section 1569.2 of
the State Health and Safety Code.
Residential facility. A type of state regulated care facility which provides 24-hour nonmedical services
as defined in Section 1502 of the State Health and Safety Code. —
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.
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.
Specific Dlan. 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.
State regulated care facility. A medical or nonmedical care facility which is authorized, certified or —
licensed by the State. This definition does not include any type of hospital, convalescent hospital,
family day care home, or work furlough facility.
Story. 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. If the finished floor level directly above the basement or cellar is
more than an average of 4 feet above finish grade, such basement or cellar shall be considered a
story. Any uncovered deck or activity area above the first story shall be considered a story.
Street. A public or private thoroughfare that provides primary access to adjacent land and local traffic —
inovements. 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.
Tri 4e,,icle . A nne- 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 sq. ft., 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. —
12
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.
Work furlough facility, A public or privately operated local detention facility for the housing of
inmates eligible under the State Penal Code Section 1208 for work/education furlough and/or other
Programs involving inmate access into the community.
Vacancy rate common lot develo mens 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.
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 r� The yard extending from the extreme rear line of the main building to the rear lot fine on
which the building is situated.
Yard,- suede. 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 facatioi! 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.
13
ARTICLE 3. REVIEW AUTHORITIES
Sec. 13-7. PURPOSE
The purpose of this article is to establish the project review authority of the City Council, the .�
Redevelopment Agency, the Planning Commission, the Zoning Administrator and the Planning
Division.
Sec. 13-8. CITY COUNCIL
The City Council shall have final decision authority for appeals, final maps, specific plans, master plans
in the Town Center and Planned Development districts, rezones, general plan amendments, density --
bonuses with financial incentives, Zoning Code amendments, improvement and development
agreements, annexations and any action specified in this Zoning Code. The City Council shall also be
responsible for the acceptance of lands and/or improvements as may be proposed for dedication to
the City, except deeds of dedication and parcel maps of 4 or fewer lots with no development
agreements. The City Council may impose conditions of approval.
Sec. 13-9. REDEVELOPMENT AGENCY
(a) Declaration of need of agency. It is hereby found and declared, pursuant to State Health and
Safety Code Section 33101, that there is a need for a Redevelopment Agency in the City, as
such agency was created by Section 33100, to function in the City, and the agency is hereby —
authorized to transact business and exercise all of the powers granted to it under the
Community Redevelopment Law.
Ib) Council declared agency. The 5 members of the City Council are hereby declared to be the
members of the Redevelopment Agency and are empowered to exercise all the rights, powers,
duties, privileges and immunities vested by the Community Redevelopment Law in an agency. —
(c) Term of agency members. Membership shall be for the period each Councilmember serves in
office, and shall automatically terminate at the time any Councilmember no longer holds the
office of Councilmember. Any vacancy existing on the Redevelopment Agency shall be filled
only by a duly elected sworn and acting City Councilmember.
Sec. 13-10. PLANNING COMMISSION —
(a) Commission created. Pursuant to the provisions of Section 65101 of the Planning, Zoning
and Development Law of the State Government Code, there is hereby created a Planning
Commission which shall consist of 5 members. —
ib) Appointment of Commission; tenure of office generally. The members of the Planning
Commission shall be appointed by the Mayor with the approval of the City Council pursuant to —
the provisions of subsection (c). The Planning Commission shall hold office at the pleasure of
the City Council.
(c) Commissioners' terms of office; residency.
(1) Members of the Planning Commission shall be appointed for four-year terms subject to _
the provisions of subsection (b), and subsection (c)(2) below.
(2) The terms of 2 positions shall commence on March 1, 1983, and continue to run for
four-year periods thereafter. The terms of 3 positions shall commence on March 1, —
1983, and continue until February 28, 1985; and thereafter shall continue to run for
four-year periods commencing on March 1, 1985. At the end of the terms, the
appointments shall terminate automatically and the positions deemed vacant without
further action of the City Council; provided, however, that members may be —
reappointed for additional terms at the City Council's discretion. If a position becomes
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vacant for any reason, a person shall be appointed to fill the remaining term pursuant
to subsection (b).
(3) No person shall be appointed, nor serve as a member of the Planning Commission,
who is not a resident of the City. If, while serving, a member ceases to be a resident,
his position shall be deemed vacant as of the change in residency, and a new member
shall be appointed to complete that term of office.
(d) Ex -officio member of Commission. The City Engineer and City Attorney or his/her designee
shall attend the meetings of the Planning Commission and assist the Commission in an
advisory capacity as needed.
(e) Absence from Commission meetings without cause. If a Planning Commission member is
absent from 3 consecutive regular meetings of the Commission, without cause, the office of
the member shall be deemed to be vacant and the term of such member terminated. The
Secretary of the Planning Commission shall immediately inform the City Council of such
termination.
(f) Absence from Commission meetings for cause. An absence due to illness or an unavoidable
absence from the City and written notice thereof given to the Secretary of the Planning
Commission on or before the day of any regular meeting of the Commission shall be deemed
absence for cause.
(g) Councilmember ineligibility. No legislative body member of the City shall be eligible for
membership on the Planning Commission,
(h) Authority of the Planning Commission.
(1) The Planning Commission shall have the power, except as otherwise provided by law,
to act on plans for the regulation of the future growth, development and beautification
of the City, in respect to:
a. Public and private buildings and works, streets, parks, grounds and vacant
lots.
b. The future growth and development of the City in order to secure sanitation,
proper service of all public utilities, shipping and transportation facilities.
C. The location of any proposed buildings, structures, or works.
(2) The Planning Commission is authorized to act upon the following discretionary actions:
a. Recommend to the City Council approval, conditional approval or denial of General
Plan amendments, specific plans, rezones, Zoning Code amendments,
develo[-ment agreements, tentative mei,,s of proposed. subdivisions of land, density
bonuse! wi;h pubW. Lina; cial inc;e,aives, prelii-tinary anal final master pla--is and
any other action specified in this Zoning Code.
b. Recommend to the Redevelopment Agency approval, conditional approval or
denial of redevelopment actions or adoption and/or amendments to a
redevelopment plan.
c. Approve, conditionally approve or deny applications for conditional use permits,
variances, planned signing programs, tentative tract and parcel maps, density
bonuses without public financial incentives and any other action specified in this
Zoning Code.
d. Perform other duties necessary to carry out the provisions reserved to the Planning
Commission in Title 10 of the Municipal Code, the provisions of this Zoning Code
and the provisions of the Planning, Zoning and Development Law of the State
Government Code.
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ii) Commission bylaws authorized. The Planning Commission shall have the power, except as
otherwise provided by law, to adopt such bylaws as it may deem necessary to provide for:
(1) The time and place of meeting.
(2) The time and method of electing officers.
(3) Such other matters relative to the organization of the Planning Commission and
methods of administration of its duties which are not otherwise provided for by
statute or ordinance.
(j) Regular meeting of Commission defined. A regular meeting as provided by law or by rule of
the Planning Commission or any regularly advertised public hearing shall be deemed a regular
meeting.
jk) Compensation of Commission. Each member of the Planning Commission, excluding ex -officio
members, shall be entitled to receive compensation for their services as planning
commissioners in an amount and under terms and conditions as shall be determined from time
to time by the City Council by resolution.
Sec. 13-11. ZONING ADMINISTRATOR
(a) The Development Services Director or his/her designee is authorized to actas the Zoning
Administrator according to procedures set forth in the State Government Code.
(b) The Zoning Administrator is authorized to
following discretionary planning applications
action to the Planning Commission for review.
approve, conditionally approve, or deny the
The Zoning Administrator may forward any
(1) Administrative Adjustment;
(2) Minor Conditional Use Permit;
(3) Lot Line Adjustment; and
(4) Any action specified in this Zoning Code.
Sec. 13-12. PLANNING DIVISION
The Development Services Director or his/her designees constitute the Planning Division, The
Planning Division is authorized to act on and grant approvals of development reviews and minor
modifications as described in CHAPTER III PLANNING APPLICATIONS, and other duties as designated
by the Development Services Director, Planning Commission, City Council and this Zoning Code.
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ARTICLE 4. ENFORCEMENT
Sec. 13-13. PURPOSE
The purpose of this article is to establish the parameters for the enforcement of this Zoning Code,
Sec. 13-14. ENFORCEMENT OFFICER DESIGNATED
The Development Services Director or his duly authorized representative is hereby empowered and it
shall be his/her duty to enforce all provisions of this Zoning Code.
See. 13-15. DUTIES
All departments, officials and public employees of the City invested with the duty or authority to issue
permits or licenses shall conform to the provisions of this Zoning Code and shall issue no permit or
license for uses, buildings or purposes in conflict with the provisions of this code; and any such permit
or licenses issued in conflict with the provisions of this Zoning Code shall be null and void. It shall be
the duty of the building official to enforce the provisions of this Zoning Code pertaining to the
creation, construction, reconstruction, moving, conversion, alteration or addition to any building or
structure.
Sec. 13-16. ENFORCEMENT
(a) Criminal prosecution. Any person, whether as principal, agent, or employee, violating the
terms of this Zoning Code may be prosecuted as provided in Section 1-33 of this Municipal
Code.
(b) Criminal citation. For the purposes of this Zoning Code, a violation of the terms of this Zoning
Code may be cited as either an infraction or misdemeanor pursuant to State Government Code
Sections 36900 and 36901 and as provided in Section 1-33 of this Municipal Code.
(c) Civil action. As an alternative to prosecution or citation, or as an additional action, the City
Attorney may, at the request of the Development Services Director, institute an action in any
court of competent jurisdiction to restrain, enjoin, or abate the condition(s) or activity0es)
found to be in violation of the provisions of this Zoning Code.
Sec. 13-17. PUBLIC NUISANCE DEFINED; PROCEDURE
Any building or structure set up, constructed, erected, enlarged, converted, moved or maintained
contrary to the provisions of this Zoning Code, and any use of land, building or premises established,
conducted or maintained contrary to the provisions of this Municipal Code or other applicable laws,
may, by the City Council, after public hearing, be declared to be unlawful and a public nuisance as
established in this section. No conditions described in this section may be declared a public nuisance
until the following steps have been taken:
(a) There shall be an inspection and investigation of the premises by whatever department heads
or their authorized designees within the City as are affected by the condition of the premises,
including but not limited to, the Building Official, Planning Division, Police Department, and
County Health Officer.
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(b) The responsible owner, lienholder or occupier of the premises shall be given notice setting
forth the violations, corrections which must be made, and a specific reasonable time within
which to make such corrections. The notice shall be given either in person or by registered or
certified mail to the responsible property owner, lienholder or occupier and by a posting on the
property. _
(c) In the event the responsible owner, lienholder or occupier does not comply with the demand
for correction as set forth in subparagraph (b) within the specific time stated therein, the City _
Council shall set the matter for formal hearing and shall post the property at least 10 days
prior to the time of the hearing and shall serve the responsible owner, lienholder or occupier of
the property a copy of the notice of the formal hearing, either in person or by registered or
certified mail.
1d1 At the hearing as set forth in subparagraph (c) the City Council shall take oral or written
testimony as evidence to' substantiate their findings with respect to the violation. Evidence
may be presented by investigative officers on behalf of the City, while the owner, lienholder or
occupier may present evidence in his own behalf. At the close of the hearing, the City
Council shall find and determine, based upon the evidence presented, that a public nuisance
does or does not exist.
le) Upon finding that a public nuisance exists as provided for in paragraph (d), the City Council
shall give the responsible property owner, lienholder or occupier notice in writing that the —
condition must be corrected, prevented, restrained or abated within a 30 day period.
(f) If at the end of the 30 day period granted for compliance the responsible owner, lienholder or
occupier has not complied with the mandate of the City Council, the City Attorney shall
commence appropriate legal proceedings either civil, criminal or both, as the circumstances
warrant.
(g) In the event the City Council determines by a 415 vote that any conditions described above
cause an emergency situation threatening serious bodily harm or imminent, substantial
property damage, the foregoing procedures and time limits may be waived and upon
reasonable notice under the circumstances to the responsible property owner, lienholder or
occupier, the City Council may at a public hearing find and determine such conditions a
nuisance and order immediate abatement.
(h) The City's cost of abatement proceedings shall constitute a special assessment upon the lot
involved and payable and collectible as set forth in State Government Code Sections 38773.1
and 38773.5 and other applicable laws.
Sec. 13-18. REMEDIES CUMULATIVE
The remedies provided in this article shall be cumulative and not exclusive.
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CHAPTER 11, ZONING DISTRICTS ESTABLISHED
Sec. 13-19. PURPOSE
The intent of this chapter is to establish and state the purpose of the various zoning districts, as well
as to describe their boundaries on the official zoning map.
Sec. 13-20. ZONING DISTRICTS
In order to classify, regulate, restrict and separate the uses of land and buildings, regulate the height
and bulk of buildings and the area of yards and other open spaces about buildings, and regulate
population density, the following classes of zones are established:
#a) R1 Single -Family Residential District. This district is intended to promote the development of
single-family detached units located on lots with a minimum lot size of 6,000 square feet, and
a maximum density of 7.26 dwelling units per gross acre.
Ib) R2 -MD Multiple -Family Residential District, Medium Density. This district is intended to
promote the development of multi -family rental as well as ownership properties on lots with a
minimum size of 7,260 square feet. The maximum density allowed is 3,630 square feet per
dwelling unit which equals 12 dwelling units per gross acre. Legal lots existing as of March
16, 1992 with a minimum lot area of 6,000 sq. ft. up to 7,260 sq. ft. are allowed 2 dwelling
units.
[c) R2 -HD Multiple -Family Residential District, High Density. This district is intended to promote
the development of multi -family rental as well as ownership dwelling units on lots with a
minimum size of 6,000 square feet. The maximum density allowed is 3,000 square feet per
dwelling unit which equals 14.52 dwelling units per gross acre.
id) R3 Multiple -Family Residential District. Like the R2 -MD and R2 -HD districts, this district is
intended to promote the development of multi -family rental ' as well as ownership dwelling
units. The required minimum lot size is 6,000 square feet. The maximum density allowed is
2,178 square feet per dwelling unit which equals 20 dwelling units per gross acre.
(e) AP Administrative and Professional District. This district is intended to establish areas within
which public administrative, professional and business offices may be located. It is the further
purpose of this district to limit the intensity of use within the district to be compatible with the
types of activities generally associated with office developments.
(f) CL Commercial Limited District, This district is intended for unique areas of land which, due
to the proximity of residential development or the potential for traffic circulation hazards,
require special precautions to be taken to assure appropriate development. The district is also
intended for industrial areas where commercial uses must be considered according to their
compatibility with existing or permitted industrial uses.
(9) C1 Local Business District. This district is intended to meet the local business needs of the
community by providing a wide range of goods and services in a variety of locations
throughout the City. The permitted and conditional uses as well as development standards
are aimed toward reducing impacts on surrounding properties especially in those areas where
residential uses are in the vicinity.
(h) C2 General Business District. This district is intended to provide for those uses which offer a
wide range of goods and services which are generally less compatible with more sensitive land
uses of a residential or institutional nature.
#i) C1 -S Shopping Center District. This district is intended for large commercial lots constructed
as a unified and integrated development. It is the further purpose to provide a wide range of
goods and services on a community and regional scale.
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(j] TC Town Center District. This district is intended to allow intensely developed mixed
commercial uses within a very limited geographical area bounded by Sunflower Avenue to the
north, 1-405 to the south, Bristol Street to the west, and Avenue of the Arts to the east.
Developments within this designation can range from one- and two-story office and retail
buildings to mid- and high-rise buildings. _
(k] P Off -Street Parking District. This district is intended to allow parking lots, and buildings
incidental to the operation of the parking lot.
[1) I&R Institutional and Recreational District. This district is intended to allow land uses which
provide recreation, open space, health and public service uses. Development in this
designation may occur on either public or private property.
(m) I&R-S Institutional and Recreational - School District. This district is intended to allow public
and private educational facilities on either public or private property.
In) MG General Industrial. This district is intended for a variety of industrial areas which contain
a wide range of light and general industrial activities. Development standards and the
approval of conditional uses shall be aimed toward eliminating possible hazards to adjoining
properties, especially in those areas where residential uses are in the vicinity.
iio] MP Industrial Park. This district is intended for large, concentrated industrial areas where the
aim of development is to create a spacious environment in a park -like setting.
(p) PDR -LD Planned Development Residential - Low Density (up to 8 dwelling units per acre);
PDR -MD Planned Development Residential - Medium Density (up to 12 dwelling units per
acre);
PDR -HD Planned Development Residential - High Density (up to 20 dwelling units per acre);
PDR -NCM Planned Development Residential - North Costa Mesa (25-35 dwelling units per --
acre).
These districts are intended to provide for excellence in the design of residential projects. _
Within the low density zone typical designs include small -lot, single-family detached residential
developments including clustered development, zero lot line development and conventional
development.
Within the medium density, high density, and north Costa Mesa zones, site design could
include single -and multiple -family residential developments containing any type or mixture of
housing units, either attached or detached, including but not limited to clustered development,
townhouses, patio houses, detached houses, duplexes, garden apartments, high rise
apartments or common interest developments.
(q} ADC Planned Development Commercial. This district is intended for retail shops, offices and
service establishments, including but not limited to, hotels, restaurants, theaters, museums,
financial ins°itutions, and health clubs. Thesa uses ars: intended to serve adjacent residential
areas, as weir as the entire community and r,;glon. _
(r) PDI Planned Development Industrial. This district is intended for large, concentrated industrial
areas where the aim of development is to create a spacious environment in a park -like setting.
Sec. 13-21. OVERLAY DISTRICTS
Overlay zoning districts may also be created in conjunction with special regulations.
Sec. 13-22. ZONING DISTRICT BOUNDARIES
The zoning districts listed in Section 13-20 ZONING DISTRICTS, and the boundaries of each, are _
shown on the official zoning map, filed in the Planning Division.
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Sec. 13-23. DIVISION OF OFFICIAL ZONING MAP
The official zoning map may be subdivided into district maps, and such district maps may be
separately used for amending the zoning map or for any official reference to the zoning map.
Sec. 13-24. CHANGES IN BOUNDARIES
All changes shall be made by ordinance adopting an amended zoning map, or part of the zoning map
or district map.
Sec. 13-25. UNCERTAINTY OF BOUNDARIES
Where uncertainty exists as to the boundaries of any zone shown on the zoning map, or any district
map, the following rules shall apply:
(a) When boundaries of zones are approximately following street, alley or lot lines, such lines shall
be construed as the boundaries.
(b) In the case of undivided properties, or property not yet subdivided, and a zone boundary
divides the lot, the location of the zone boundary, unless indicated by dimensions, shall be
determined by the use of the scale appearing on the zoning map.
Sec. 13-26. LIMITATION OF LAND USE
No new building shall be erected, nor shall any building or land be used for any purpose except as
provided and allowed for in this Zoning Code.
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CHAPTER III. PLANNING APPLICATIONS
Sec. 13-27. PURPOSE
The purpose of this chapter is to establish the parameters for the numerous types of discretionary —
planning applications and to identify processing procedures.
Sec. 13-28. TYPES
(a) Administrative adjustment. Any deviation from an adopted development standard in this
Zoning Code that meets the criteria listed in Table 13-28(a).
TABLE 13-28(a)
ADNM'-1 RATIVE ADJUST14tENTS
Standard
Deviation Range
Decrease in required front yard depth; provided that in residential zones,
More than 20% but no more than 40%
the garage is set back a minimum of 19 feet from the front property line.
Decrease in required rear yard depth.
More than 20% but no more than 40%
Decrease in required side yard width.
More than 20% but no more than 40%
Increase in maximum fence/wall height.
More than 33 113% but no more than
50%
Increase in depth of permitted projections into required yards.
More than 20% but no more than 40%
Increase in maximum building height (when 30 feet is the maximum).
More than 20% but no more than 40%
Deviation in sign area, height, setbacks, separation and other sign
More than 10% but no more than 20%
specifications
Decrease in required distance between main structures
More than 20% but no more thFan 40%
Decrease in required distance between accessory and main structures
More than 20% but no more than 40%
(b) Conditional use permit. Any use specified in this Zoning Code as requiring a conditional use
permit.
(c) Density bonus or incentive. Any request for incentives to produce lower income and senior
housing per State Government Code Section 65915.
(d) Development review. The following shall be subject to development review:
(1) Construction of new dwelling units and/or new buildings such as garages or carports in —
the R2 -MD, R2 -HD, or R3 zones. Room additions and other minor construction that
comply with all applicable development standards shall not be subject to development
revio w,
(2i Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, C1 -
S, MG, or MP zones. However, building additions that do not exceed 2,000 square feet
or 50% of the existing building area, whichever is less, and comply with all applicable
development standards shall not be subject to development review.
(3) Granny units and accessory apartments in an R1 zone;
(4) Proposals to convert apartments under construction to residential common interest
developments; and _
(5) Any other use specified in this Zoning Code as requiring development review.
(e) Lot line adjustment. Any adjustment to an existing lot line between two lots, where the land
taken from one lot is added to an abutting lot and/or where a greater number of lots than
originally existed is not created. A lot line adjustment may be used to combine two or more
abutting lots.
22
[f) Master plan. Prior to development in the Planned Development (PD), Town Center (TC),
Shopping Center (C1 -S), and both Institutional and Recreational (I&R and I&R-S) zoning
districts, a master plan is required. Preliminary master plans are required in the TC zone, are
optional in PD zones, and are not required in C1 -S, I&R-S and I&R zones.
0l Amendments to the master plan. Minor changes in the location, siting or character of
buildings and structures may be authorized by the Planning Division if required by the
final engineering or other circumstances not foreseen at the time the master plan was
approved. No change authorized under this section may cause any of the following:
a. A change in the use or character of the development;
b. An increase in the overall density or floor area ratio of the development;
C. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and
utility networks; or
g. A reduction in required street pavement widths.
(2) Substantial amendments to the master plan encompassing one or more of the above
listed changes shall be processed and reviewed pursuant to the provisions for new
master plans.
(g) Minor conditional use permit. Any use or deviation from development standards specified in
Ws Zoning Code as requiring a minor conditional use permit.
[h) Minor modification. Any deviation from an adopted development standard in this Zoning Code
that meets the criteria listed in Table 13-28(h)(1).
(1)
TABLE 13-28(h)(1)
NIUi011 NIODMCATIOiV
Standard Deviation Range
Decrease in required front yard depth; provided that in residential zones,
the garage is set back a minimum of 19 feet from the front property line.
20% or less
Decrease in required rear yard depth.
20% or less
Decrease n required side yard width
.crease i., maximum fencelwali h;ig�t.
Increase in depth of permitted projections into required yards.
20% or 1, -!ss
33 1/3% or ic,s
20% or less
Increase in maximum building height (when 30 feet is the maximum).
207o or less
Decrease in minimum driveway width for two or more dwelling units.
to not less than 10 feet
Deviation in sign area, height, setbacks, separation and other sign
specifications
10% or less
Decrease in required distance between main structures
20% or less
Decrease in required distance between accessory and main strutture520%
or less
(2) Minor building additions which encroach into required setbacks no further than the
existing main structure, excluding architectural features. However, no nonconforming
23
setback width or depth may be decreased further, and the building addition shall
comply with all other applicable sections of this Zoning Code and other codes.
(3) Fabric awnings which project no more than 5 feet from the building face.
(4) Any deviation from development standards specified in this Zoning Code as requiring a
minor modification.
(i) Mobile home park conversion. Any conversion of an existing mobile home park to any other
use permitted or conditionally permitted in the applicable zoning district.
(jl Planned signing program. A voluntary, optional alternative to the general sign regulations,
except in the C1 -S zone where it is required.
(k) Redevelopment action. Any development or use proposed within the Redevelopment Project
Area as specified by the Redevelopment Plan or by policy of the Redevelopment Agency as
requiring Redevelopment Agency approval.
(1) Residential common interest development conversion. A proposal to convert an occupied or --
previously occupied apartment complex to a residential common interest development project.
(m) Rezone. Any proposed change to the official zoning map.
(o) Specific plan conformity review. Any proposed action or land use which is required by the
applicable specific plan to be reviewed for conformity with the purpose and intent of the plan.
(p) Tentative tract or parcel map (including vesting). Any proposed subdivision of land which is
required by a provision of the Subdivision Map Act or this Zoning Code to file a tentative tract
or parcel map.
(q) Variance. Any deviation from a development standard in this Zoning Code that is not
specified as a minor modification or administrative adjustment, or a deviation that is not
allowed by approval of conditional use permit, minor conditional use permit, or specific plan
conformity procedure.
Sec. 13-29 PLANNING APPLICATION REVIEW PROCESS
(a) Application.
(1) Application for any planning application shall be made to the Planning Division on the _
forms provided. Plans and information reasonably needed to analyze the application
may be required. A list of required plans and information shall be available from the
Planning Division.
(2) All applications shall be signed by the record owner of the real property to be
affected. This requirement may be waived upon presentation of evidence
substantiating the right of another person to file the application.
(b) Fees. The application shall be accompanied by all applicable processing fees as established by
resolution of the City Council.
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(c) Public hearing. Upon receipt of a complete application for a planning application, the Planning
Division shall fix a time and place of the public hearing if one is required pursuant to Table 13-
29(c). For planning applications which require review by both the Planning Commission and
City Council or Redevelopment Agency, pursuant to Table 13-29(c), the final review authority
shall hold a public hearing no more than 45 days from the receipt of the Planning
Commission's recommendation.
TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
PUBLIC
PUBLIC
FINAL
NOTICE OF
NOTICE
HEARING
RECOMMENDING
REVIEW
DECISION
PLANTNTNG APPLICATIONS
REQUIRED
REQUIRED
AUTHORITY
AUTHORI'T'Y
REQUIRED
Development Review
No
No
None
Planning
No
Minor Modification
Division
Lot Line Adjustment
No
No
None
Zoning
Yes
Administrator
Administrative Adjustment
Yes
No
None
Zoning
Yes
Minor Conditional Use Permit
Administrator
Planned 5i ning Program
Mobile Home Part: Conversion
Yes
Yes
Planning Division
Planning
Yes
Residential Common Interest
Commission
Development Conversion
Specific Plan Conformity
Review
Tentative Parcel Map
Tentative Tract Map
Variance
Conditional Use Permit
Yes
Yes
Planning Division
Planning
Yes
Density Bonus
Commission
Master Plan
(excepted
where noted
otherwise in
this Zoning
Code)
Redevelopment Action
Yes
Yes
Planning Commission
Redevelopment
Yes
Agency
Rezone
Yes
Yes
Planning Commission:
City Council
No
and, if located in a
Redevelopment Project
Area, the
Redevelopment
A ----
(d) Public notice. When required pursuant to Table 13-29(c), public notice shall be given in the
following manner:
(1) Notices of the hearing shall be mailed to all property owners within a 300 -foot radius
of the pruject site, :.xcept for applications for the construction of a building(s) 45 feet
or more in height; these applications shall require a greater notice radius:
Building Hei ht in Feet Notice Requirement
45-75 500 foot radius
More than 75 and less than or equal to 150 700 foot radius
More than 150 and less than or equal to 225 900 foot radius
More than 225 and less than or equal to 300 1,100 foot radius
More than 300 1,300 foot radius
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(2) The required notice radius shall be measured from the external boundaries of the —
property described in the application. The notice shall be mailed no less than 10 days
prior to the hearing or determination on the application. The Planning I]ivision shall
require for this purpose the use of the last known name and address of such owner(s)
as shown on the last equalized County assessment roll or by a more current listing.
The notice shall contain a general explanation of the proposed planning application
and any other information reasonably need to give adequate notice of the matter to be
considered. _
(3) When a public hearing is required, notice shall also be published in the City, no less
than 10 days prior to the date set for the public hearing. The notice shall contain a --
general explanation of the proposed planning application and any other information
reasonably needed to give adequate notice of the matter to be considered.
(e) Review criteria. Review criteria for all planning applications shall consist of the following:
(1) Compatible and harmonious relationship between the proposed building and site
development, and the building and site developments that exist or have been approved
for the general neighborhood.
(2) Safety and compatibility of the design of buildings, parking area, landscaping,
luminaries and other site features which may include functional aspects of the site
development such as automobile and pedestrian circulation.
(3) Compliance with any performance standards as prescribed elsewhere in this Zoning
Code.
(4) Consistency with the General Plan and any applicable specific plan.
(5) The planning application is for a project -specific case and is not to be construed to be
setting a precedent for future development.
(6) When more than one planning application is proposed for a single development, the
cumulative effect of all the planning applications shall be considered.
(f] Conditions. The final review authority pursuant to Table 13-29(c), may impose reasonable _
conditions to assure compliance with the applicable provisions of this Zoning Code, and to
assure compatibility with surrounding properties and uses and to protect the public health,
safety and general welfare. The final review authority may also require such written —
guarantees, cash deposits, recorded land use restrictions, etc., as may be necessary to assure
compliance with the conditions.
Ig) Findings. When granting an application for any of the planning applications specified below,
thn final review dutbiirity shall find that the evidence presented in the administrative record
substantizIly meats any required conditions listed below. Other findings may also be required
pursuant to other provisions of this Zoning Code.
(1) Administrative adjustment and variance findings:
a. Because of special circumstances applicable to the property, the strict _
application of development standards deprives such property of privileges
enjoyed by others in the vicinity under identical zoning classifications. —
b. The deviation granted shall be subject to such conditions as will assure that
the deviation authorized shall not constitute a grant of special privileges
inconsistent with the limitation upon other properties in the vicinity and zone
in which the property is situated.
26
C. The granting of the deviation will not allow a use, density, or intensity which
is not in accordance with the general plan designation and any applicable
specific plan for the property.
(2) Conditional use permit and minor conditional use permit findings:
a. The proposed development or use is substantially compatible with
developments in the same general area and would not be materially
detrimental to other properties within the area.
b. Granting the conditional use permit or minor conditional use permit will not be
materially detrimental to the health, safety and general welfare of the public or
otherwise injurious to property or improvements within the immediate
neighborhood.
C. Granting the conditional use permit or minor conditional use permit will not
allow a use, density or intensity which is not in accordance with the General
Plan designation and any applicable specific plan for the property.
(3) Density bonus findings:
a. The request is consistent with the General Plan, any applicable specific plan,
City Council policy number 500-3 and CHAPTER IX SPECIAL REGULATIONS,
ARTICLE 4 DENSITY BONUSES AND OTHER INCENTIVES.
b. The requested density bonus and incentive or concessions or in -lieu incentives
constitute the minimum amount necessary to provide housing at the target
rents or sale prices.
(4) Lot line adjustment findings:
a. The lot line adjustment and improvements are consistent with the General
Plan, any applicable specific plan and this Zoning Code.
(5) Master plan findings:
a. The master plan meets the broader goals of the General Plan, any applicable
specific plan, and the zoning Code by exhibiting excellence in design, site
planning, integration of uses and structures and protection of the integrity of
neighboring development.
(6) Minor modification findings:
a. The improvement will not be materially detrimental to the health, safety and
general welfare of persons resid+ng or working within the immediate vicinity of
the project or to property and improvements within the neighborhood.
b. The improvement is compatible and enhances the architecture and design of
the existing and anticipated development in the vicinity. This includes the site
planning, land coverage, landscaping, appearance, scale of structures, open
space and any other applicable features relative to a compatible and attractive
development,
(7) Mobile home park conversion findings:
a. The impacts of the conversion on the residents of the mobile home park have
been duly considered as required by the State Government Code.
27
b. The proposed conversion project is consistent with the General Plan, any
applicable specific plan and this Zoning Code. —
(8) Planned signing program findings:
a. The proposed signing is consistent with the intent of CHAPTER VIII SIGNS.
b. Signs included in the planned signing program meet the minimum design
standards adopted as a part of the program.
C. Approval does not constitute a grant of special privilege or allow substantially
greater visibility than what the standard sign provisions would allow.
(9) Redevelopment action findings:
a. The proposed use and/or development is consistent with the guidelines of the
Redevelopment Plan.
(10) Residential common interest development conversion findings:
a. The critical vacancy rate for apartments is more than the rate established in
Section 13-42(c), RESIDENTIAL COMMON INTEREST DEVELOPMENT
CONVERSIONS and, therefore, approval of the residential common interest —
development conversion will not diminish the supply of rental housing; or
b. The critical vacancy rate for apartments is equal to or less than the rate —
established in Section 13-42(c) RESIDENTIAL COMMON INTEREST
DEVELOPMENT CONVERSIONS, however, the applicant has submitted an
adequate and legally binding plan which mitigates the displacement of long-
term residents, particularly senior citizens and low- and moderate -income
families and families with school-age children; and
C. The proposed conversion project conforms to adopted General Plan policies to
increase the supply of lower cost housing in the City and/or that the proposed
conversion project fulfills other stated public goals.
(11) Rezone findings:
a. The proposed rezone is consistent with the Zoning Code and the General Plan and
any applicable specific plan. —
(12) Specific plan conformity review findings: Refer to the applicable specific plan text.
(13) Tentative parcel or tract map findings:
a• The creation of the subdivision and related improvements is consistent with
the General Plan, any applicable specific plan, and this Zoning Code.
b. The proposed use of the subdivision is compatible with the General Plan.
C. The subject property is physically suitable to accommodate the subdivision in
terms of type, design and density of development, and will not result in
substantial environmental damage nor public health problems, based on
compliance with the Zoning Code and General Plan, and consideration of —
appropriate environmental information.
d. The design of the subdivision provides, to the extent feasible, for future
passive or natural heating and cooling opportunities in the subdivision, as
required by State Government Code Section 66473.1.
28
e. The division and development will not unreasonably interfere with the free and
complete exercise of the public entity and/or public utility rights-of-way and/or
easements within the tract.
The discharge of sewage from this land division into the public sewer system
will not violate the requirements of the State Regional Water Quality Control
Board pursuant to Division 7 (commencing with State Water Code Section
13000).
1h) Decision.
f 11 After the public hearing, if required, the final review authority may approve,
conditionally approve or deny any application for the planning application based upon
the standards and intent set forth in the applicable provisions of this Zoning Code. In
the case of a denial, the applicant shall be notified of the circumstances of the denial.
(2) For planning applications which require the Planning Commission to make a
recommendation to the final review authority, the authority shall not approve any
major change or additions in any proposed planning application until the proposed
change or addition has been referred to the Planning Commission for a report, unless
the change or addition was previously considered by the Planning Commission. It shall
not be necessary for the Planning Commission to hold a public hearing to review the
referral. Failure of the Planning Commission to report to the final review authority
within 40 days after the referral shall be deemed approval of the proposed change or
addition.
(i) Notice of decision.
(1) Notice of the Zoning Administrator's decision shall be given within 5 days of the
decision to the City Council, Planning Commission and to any affected party
requesting the notice. Any member of the Planning Commission or City Council may
request review of a Zoning Administrator's decision within 7 days of the notice of the
decision. No fee shall be charged for such review.
(2) Notice of the Planning Commission's and/or Redevelopment Agency's decision shall be
given within 5 days to the City Council and to any affected party requesting the
notice. Any member of the City Council may request review of the decision within 7
days of the notice of the decision. No fee shall be charged for such review,
{j1 Appeals. Appeals of the final review authority shall be filed within 7 days of the public
hearing or the date of the notice of decision according to the procedures set forth in TITLE 2,
CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE.
(k} Time limits.
(1) Planning applications shall run with the land until revoked, except as provided in this
section or in a condition imposed at the time of granting the planning application.
(2)
a. Unless otherwise specified by condition of approval, if the construction
authorized by a planning application is not commenced within one year after
final approval by the City, the authority to proceed shall terminate; except that
when a vesting tentative map is approved for the project then the time limits
to commence construction shall be commensurate with the time limits
associated with the vesting map.
b. The final review authority may extend a planning application for successive
periods of one year upon showing good cause by the applicant.
(3) The time limits specified in subsection (2) shall not apply to preliminary master plans,
except that the first phase of the final master plan must be approved within 12
months of the approved preliminary master plan. Time limits regarding the
29
construction of improvements authorized by the approved final master plan for each
phase of the project shall comply with the time limits established in subsection (2). —
(4) When a planning application expires pursuant to a condition of approval, the applicant
may apply for an extension of time. A public hearing shall only be held if it was
required on the original application. If notice was required for the original application,
notice of the public hearing shall be given according to the procedures set forth in this
chapter.
(5) Fees for extensions of time for planning applications may be established by resolution
of the City Council.
(1) Building permits/authority to proceed. No building permit or authority to proceed shall be
granted until all required review and approval has been obtained and all applicable appeal
periods have expired.
(m) Compliance. Final occupancy shall not be granted unless the site development conforms to
the approved set of building plans, applicable conditions of approval and code requirements.
in) Reapplication. Upon final denial of any planning application, a new application for
substantially the same planning application may not be filed within 6 months of the date of
the denial. The Development Services Director shall determine whether the new application is _
for a planning application which is substantially the same as a previously denied application.
No decision of the Development Services Director shall be effective until a period of 7 days
has elapsed following the written notice of a decision; an appeal of the decision shall be filed
according to the procedures set forth in TITLE 2, CHAPTER IX APPEAL, REHEARING AND —
REVIEW PROCEDURE.
(o) Enforcement authority.
(1) The Planning Commission may require the modification or revocation of any planning —
application and/or pursue other legal remedies as may be deemed appropriate by the
City Attorney, if the Planning Commission finds that the use as operated or
maintained.
a. Constitutes ,a public nuisance as defined in State Civil Code Sections 3479
and 3480; or
b. Does not comply with the conditions of approval.
(2) The modification or revocation of any permit by the Planning Commission under this
subsection shall comply with the notice and public hearing requirements set forth in —
subsections (c) and (d). The Development Services Director may require notice for a
development review or minor modification, if deemed appropriate.
Ip) Amendment to a planning application. Any approved planning application may be amended by
following the same procedure and fee schedule as required for the initial approval.
(q) Concurrent processing. Unless otherwise stated in this Zoning Code, applications for
proposed projects which require two or more planning application approvals may be processed
concurrently. Final project approval shall not be granted until all necessary approvals have
been obtained.
30
CHAPTER IV. CITYWIDE LAND USE MATRIX
Sec. 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: PDl
+ The Parking zone: P
• Institutional and Recreational zones: I & R and I & R -S
w (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.
31
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
32
1. Uses proposed in this zone are subject to verification of consistency with the adopted master pian. 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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory ;.ices 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
I I I I I I I ! I ! I I I I I I 1 I !
Z-0 N
E
S
LAND USES
R
R
R
R
A
C
C
C
C
T
M
M
P
P
P
P
P
P
I
I
P
1
2
2
3
P
L
1
2
1
C'
G
P
D
D
D
D
D
D
&
&
DH
S'
R
R
R
R
C'
1'
R'
R
L
M
H
N
S
D'
D'
D'
C
'
M
RESIDENTIAL USES
L.Single-family units
P°
P
P
P0
0 0
1P
P
P
P
P
P
•
Multi -family units
a
P
P
P
P
P
P
P
P
P
•
Mobile home parks
6
C
C
C
•
C
C
C
C
C
C
•
Single room occupancy residential hotel
•
•
• C
C
•
(subject to City Council Policy 500-5)
,
•
ACCESSORY USES
Accessory apartments (subject to the
P2
•
• .
requirements of Section 13-35
.
.
.
,
.
.
•
•
ACCESSORY APARTMENTS)
Animals, keeping of
SEE TITLE 3, ANIMALS AND FOWL
Antennas: Amateur radio, Satellite dish,
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
Communication
Accessory commercial uses in transitional
P2
•
•
•
•0
0
•
0
•
area (854-1014 W. 19"' Street, EVEN
i
numbers only, and 1903 Federal Avenue
and subject to CHAPTER IX, ART ICLE 11,
TRANSITIONAL AREAS)
Family day care - large (8-14 ch.jn�en)
P2
P2
P2
P2
P2
PZ
P2
PZ
P2•
P2•
P6
•
(subject to the requirements of Section 13-
3
3
37 LARGE FAMILY DAY CARE HOMES)
Family day care - small (up to 7 children)
P
P
P
P
•
•
P
P
P
P
P'
P3
P0
•
Day care facilities (15 children nr more)
C
C
C
C
C
CC
C
C
C
C
C
C
C
C
C
C
C
C
P
•
(see also nursery schools)
32
1. Uses proposed in this zone are subject to verification of consistency with the adopted master pian. 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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory ;.ices 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
I I I I I I I ! I ! I I I I I I 1 I !
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O N E S
LAND USES R R R
R A C
C
C
C
T
M
IM
P
P
P
P
P
P
I
I
P
1 2 2
3 P L
1
2
1
C'
G
P
D
D
D
D
D
D
&
&
M H
S'
R
R
R
R
C'
I'
R'
R
D D
L
M
H
N
S
D'
t D'
D'
C
'
M
!
Garage/yard sales - no more than 2 events P P P
P • •
•
•
•
•
P
P
P
P
p3
P3
•
•
•
permitted a year, not to exceed 3
consecutive days
Granny units (subject to the requirements P2
I
•
•
of Section 13-36 GRANNY UNITS)
Home occupations (subject to the P2 P2 P2
P2 •0
P2
p2
P=
P7
p2.
P2•
•
•
requirements of CHAPTER IX, ARTICLE 6,
3
3
HOME OCCUPATIONS)
Home occupations that generate traffic and M M M
M • •
•
•
•
•
M
M
M
M
M
M
•
•
•
do not involve more than one C2 C2 CZ
C2
C2
C2
C2
C2
V.
C2•
customer/client at a time or more than 8
3
3
customers/clients per day (subject to the
requirements of CHAPTER IX, ARTICLE 6,
HOME OCCUPATIONS)
Renting of room and board for 3 or fewer P P P
P a•
•
•
•
P
p
p
P
P3
P3
•
•
•
arson per unit
Renting of room and board for a or more C C C
C a
C
C
C
C
C3
C3
•
•
•
persons per unit
Temporary real estate offices (subject to P2 P2 P2
P2 •
•
P2
P2
p2
P2
P2,
p2
•
•
•
the requirements of CHAPTER IX, ARTICLE
10, TEMPORARY TRAILERS)
33
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in ilia 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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted,
4. For the purposes of this table, the symbols in the non -shaded areas shall have ilia following meaning: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; • - Prohibited
CL
•
.
.
.
.
.
.
ca Cc
0
O
v
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O
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•
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•
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•
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Q
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•
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a
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•
•
•
U
U•
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�
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•
•
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Z
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TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
•
Z O N E S
LAND USES
R
R
R
R
A
C
C
C
C
T
M
M
P P
P
P
P
P
I
I
P
C C
1
2
2
3
P
L
1
2
1
C'
G
P
D D
D
D
D
D
&
&
C
C
C
M
H
C
C
C
C
C
S'
C
C
C
C
C
P
C
R R
R
R
C'
I'
R'
R
C
C
C
C
C
P
C
D
D
C
C
•
•
C
C
C
C
C
P
C
P
C
L M
H
N
C
•
•
C
S
C
C
C
C
•
•
•
•
D' D'
D'
C
C
4
C
•
M
Crematories - See also Mortuaries services
Fairgrounds; Outdoor festival (permanent) _
Hospitals, general
Libraries
Mortugryservices wlthout crematories
Nursery schools - see also day care facility
for 15 or more children
Parks and playgrounds
Public offices and facilities, such as city
halls, courthouses, police/fire stations, etc.
Schools: 2rimary, secondary and colleges
Schools: trade and vocational
Senior congregate care facility
Swap meets
Work furlough facility
SPECIAL SEASONAL EVENTS
Christmas tree lots; Pumpkin patches;
Fireworks stands; Produce stands (subject to
the requirements of TITLE 9, CHAPTER II,
REGULATION OF CERTAIN BUSINESSES)
COMMERCIAL AND INDUSTRIAL USES
Acupressure; Massage (subject to the
requirements of TITLE 9, CHAPTER IV,
ADULT ENTERTAINMENT BUSINESSES)
P, I P, I P? I P' I P7IP7 IP7 1P2 I. I', 1. 1• IP: IP, I P 2 IP2I•
+ P, I P2 I P7 I P2 P2 1 P2 . . P2 • •
35
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 hu compatible with the adopted master plan.
2, This use Is subject to the requirements of the referenced Municipal Code article or section,
3. It residential uses exist, accessory uses shall be permitted,
rt. For the purposes of this table, the symbols in ilia non -shaded area, shall have 1110 foilnwinil meaninct: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; • - Prohibiter)
•
.
.
C
a
C
C
.
.
.
.
.
.
.
.
.
.
C C
C
C
C
C
C
P
C
•
C
C
C
C
C
C
C
C
•
•
•
•
C
C
C
C
e
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
C
C
C
P
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
C
C
P
C
C
C
C
C
•
•
C
C
C
C
C
P
C
P
C
P
C
P
C
C
C
•
•
C
C
C
C
C
C
•
•
•
•
P, I P, I P? I P' I P7IP7 IP7 1P2 I. I', 1. 1• IP: IP, I P 2 IP2I•
+ P, I P2 I P7 I P2 P2 1 P2 . . P2 • •
35
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 hu compatible with the adopted master plan.
2, This use Is subject to the requirements of the referenced Municipal Code article or section,
3. It residential uses exist, accessory uses shall be permitted,
rt. For the purposes of this table, the symbols in ilia non -shaded area, shall have 1110 foilnwinil meaninct: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; • - Prohibiter)
a
C
•
P
C C
C
C
C
C
P
C
•
C C
C
C
C
C
C
P
•
C
C
C
C
C
C
P
P
•
C
C
C
C
C
C
P
•
C
I
C
C
C
C
C
1P
•
P
C
P
1P
•
•
C
C
C
C
C
•
•
C
C
C
•
P, I P, I P? I P' I P7IP7 IP7 1P2 I. I', 1. 1• IP: IP, I P 2 IP2I•
+ P, I P2 I P7 I P2 P2 1 P2 . . P2 • •
35
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 hu compatible with the adopted master plan.
2, This use Is subject to the requirements of the referenced Municipal Code article or section,
3. It residential uses exist, accessory uses shall be permitted,
rt. For the purposes of this table, the symbols in ilia non -shaded area, shall have 1110 foilnwinil meaninct: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; • - Prohibiter)
1 . Uses proposed in this zone are subject to verification of consistency with the 36
a lopipd plaster plan. Uses Igor sperified in the master plan, rould be allowed, subject
to the review process indicated ;r; . .a matrix, if the proposed fiee in detplfllifleft ill he colnpalihle with the adnpterl master plan.
2. This use Is subject to the requirements of the referenced Municipal C(,de a1hrlP, or sertiml.
3. If residential uses exist, accessory uses shall he permitted.
4. For the purposes of this table, the symbols in the non Minded areae shall have the fnllowinq meanlllq: t: Conditional Use l Brow: MC - Minor Conditional Use
Permit; P - Permitted; • . Prohibiters
TABLE 13-30
F
CITY OF COSTA MESA LAND USE MATRIX •:� _:.
y..
' LAND USES
R
R
R
R
A
C
C C
C
Z
T
O N
E 5
f
,
M
M
P
P
p;
p -
p
`p
1
2
M
2
H
3
P
L
1 2
1C'
G
P
D
D
D"!'.
D
D�
'
fD
�8(ts
y
y
1
R
R
L,
M
.H,
D+
M
>;
+
Adult businesses (subject to the
•
P2
P IP%
Pz
P2
•
requirements of CHAPTER IX, ARTICLE 1,
ADULT BUSINESSES)
Aggregate batch plants; Rork or aspllalr
IcL.C
l
•
crushing; Sand blasting
0
a
0
•_
L
(;
i
C i C
C
.—
C
.—
C
Ambulance services
C
•
Amusement centers (subject to the
C ; r'
C'
C
C2
C2
Cz
Cz
requirements of CHAPTER IX, ARTICLE 5,
I
I
ELECTRONIC GAME MACHINES)
�
Animal hospitals; Veterinary sF,virps
C
C 1 p
p
C
r
P
(Kenneling only when incidental to principal
•
hospital use)
i
I
I
Animal shelters, pounds, kenneis, training
49
6
_
C
I
C
C
schools
i
P P
P
I•
,
C
•
i
---
Artists, sculptors studios
_
_
-_-
1
P
P I
—_
P; P
P•
• I
P
P
•
•
Auction houses
•—
C C i
C
C
C
C
C
C
I•
Automobile - See Motor vehicle
Banks; Savings and Loans; and cher
P
P
P 1 P
P I
P
Financial institutions
i
I
I
C
C
C
P
C
•
•
Bars; Nightclubs - See Establishments where
—
food or beverages are served
Barber and beauty shops
P
P P
P
P
C
C
C
P
C
•
Billiards parlors
C C
C
C
C
C
C
C
C
C
C
•
Botanicalgardens; ZoosC
C
C
C
.
C
Bowling centers
C C
C
C
C
C
-
1 . Uses proposed in this zone are subject to verification of consistency with the 36
a lopipd plaster plan. Uses Igor sperified in the master plan, rould be allowed, subject
to the review process indicated ;r; . .a matrix, if the proposed fiee in detplfllifleft ill he colnpalihle with the adnpterl master plan.
2. This use Is subject to the requirements of the referenced Municipal C(,de a1hrlP, or sertiml.
3. If residential uses exist, accessory uses shall he permitted.
4. For the purposes of this table, the symbols in the non Minded areae shall have the fnllowinq meanlllq: t: Conditional Use l Brow: MC - Minor Conditional Use
Permit; P - Permitted; • . Prohibiters
}� Y
�'�,��"}'�����t�'t
. CITY OF COSTA MESA LAND USE'-MATRIX:'r ��r �r��� t `r '�., *►'
'LAND USES
`.T °
'M'
4
.p�t
3
P
L
1
2
1
Cl
Qr
M._
H.
S'
s
00
w
"
..
_
T.
Breweries; Distilleries
•
o
•
C
C
•
•
•
•
•
Breweries, micro (in conjunction with
C
C
C
C
C
C
o
C
C
C
C
C
•
establishments where food or beverages are
served)
!
Building supplies; Hardware stores (retail)
e
o
o
e
P
P
P
C
C
C
C
•
•
•
Business services, including bookkeeping, .
P
P
P
P
P
P
P
P
•
•
P
P
•
•
accounting, data processing
I
Car washes
•_a
e
C
C
C
C
C
C
C
C
C
C
C
•
Carts - Outdoor retail sales in conjunction
M
M
M
M
M
M
M
•
-V
M
M
M
M
M
o
•
with an established business
_
o
C
M
C
P
C
C
C_1
C
C
C
C
C
C
C
C
Catering
_
P
P
•
j P
P
•
•
6
P
P
•
•
•
C
Coffee roasting
C
C
•
•
•
o
•
•
•
•
Coffee roasting (in conjunction with
M
M
M
M
M
M
6M
M
M
M
M
•
•
•
establishments where food or beverages are
C
C
C
C
C
C
C
C
C
C
C
served)
Commercial art; Graphic design
o
o
o
&
M
P
P
P
P
P
P
P
6
o
o
P
P
•
•
•
C
Commercial testing laboratories
o
e
6
o
6
o
e
e
e
P
P
o
P
• 1
•
•
Computer and data processing
o
P
P
P
P
P
P
P
P
•
•
•o
P
P
•
•
•
Contracting: General contractors; Operative
o
o
o
e
C
C
P
C
P
P
o
6
•
o
o
P
•
•
builders
Convenience stores; Mini -markets
o
6
o
6
e
C
C
C
C
C
•
•
6
•
• _ -
• •
C
•
C
•
C
C
•
•
•
•
•
Department stores (retail)
P
P
P
_
P
37
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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted,
4. For the purposes of this table, the symbols in the non -Shaded areas shall have the following rneaning: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; • - Prohibited
'
lk
TABLE 13-30
` ,br
CfTY CfF COSTA -MESA -LAND: US r `
EnMi4TRIX � 1;`e�"`•,fr•:,,
y
i 6Jti,,
,��'1'f�,'r�'•`i- �:r
��yb♦ 4z '7+r tS % 1. cwt
3 '• J E.
C
i F3,
' 4, �.,LANb'USES4t ', f�;t;4
,Y F > *�,�..
.N .S�
::. = � p ps� �„„
R RR R. ,A- C C 'C; C j b c ' - ,
''
2., c � S;t a �+ r':=rF�a # s ? w ' :is'�'' `'c l•.
. .p> y F, , ...:.
1. 2 X 2 • 3 ' P '. L: `1 z' '1- . 'v "'. ; G "~-;•a, 1 �(� }ju « • Yr;;1`F
rpVN.
P ` D ,D ?p D#
�t r.t`a,ii lr?rili?. s Ta�fyr z1.�•'R
is Y(f k •,♦ k ', �k:'�'•.}); .`. d4 `�-i 14.�i.�
t.: "IVI: -FI
�V S :4 Rt- 4 •'. •', �,�. 1 "Ri 14.- i• ':b (tl{� 3 ?>1 ..
46
r . -
� 't it L Ct •!. r: isri" t �ir.Z.
Electronic game machines (4 or more),
• •
M
M
M
M
M
M
M
M
M
M
incidental to the primary use (si!bject to the
c2
c2
C2
c2
C2
c2
C2
V
V
C2
M
c2
M'
c2
•-
•
requirements of CHAPTER IX, ARTICLE 5,
ELECTRONIC GAME MACHINES)
Engineering; Architectural; and Surveying
•
•
P
P
P
P
P
•
P
P
P
P
P
P
P
P
services _
Entertainment, live or public
•
• •
•
•
SEE TITLE 9, ARTICLE 11,
•
SEE TITLE 9, ARTICLE 11,
•
REGUt Al ORY PFRMITS FOR PURI IC
REGULATORY PERMITS FOR PUBLIC
FNIFRIAINMFNI
ENTERIAINMENT
Establishments where food or beverages are
•
• •
•
•
SEE CHAPTFR V, ARTICLE 4,
•
SEE CHAPTER V, ARTICLE
•
served
ESTABLISI IMENTS WTIERE FOOD OR
4, ESTABLISHMENTS
BEVERAGES ARE SERVED
WHERE FOOD OR
BEVERAGES ARE SERVED
Exhibition of products produced on premises
P
P
P
P
P
P
P
•
P
F
•
•
or available for wholesale disk-ibution
Flower stands - See also Cart#
MM
M
M
M
M
M
M
M
M
M
M
M
•
C
c
c
C
C
C
C
C
C
C
c
C
C
Furniture repair and refinishing wl;;:
•
•
C
P
P
P
P
•
•
incidental sales
•
P
+
+
Grocery stores - See Supermarkets;
•
P
P
•
•
C
C
C
C
•
Convenience stores; or Liquor stores
Hazardous waste facilities, Off -Site (subject
c2
C2
c2
c2
•
•
•
•
C2
C2
•
•
to CHAPTER IX ARTICLE 9, O e -SITE
tc2C
C2
HAZARDOUS WASTE FACILITIES).
Heliports; Helisto s
•
+
C
C
C
C
•
C
C
C
C
•
1. Uses proposed in this zone are subject to verification of consistency with the 38
adopted master plan. Uses not specified in the master plan, could be allowed, subject
to the review process indicated in mis matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the svmbols in the non -shaded areas shall have the following meaninq: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; • - Prohibiteu
TABLE 13-
3
CITY-OF
CITY OF COSTA MESA LAND; USE MATRIX:
r LAND _USES f -A C
s
r c "� r•`1^ar<f�r .k t y`. � r. 14,
S� ''SIC Cif X11 W ; a't' �t jYt !
r 3 P' L
Z�.'y rr�a r:C r 4i►3i
}k,x, t. i.
a �:�1r�v If.rsa l sMy %lir 's 7i p4gSrt {f YN,
'
Hotels- see also Motels
•
0
0
0
0
0
C
C
C
P
t
•
•
C
C
C
P
• •
•
Landscape services (installation and maintenance)
•
•
•
•
•
C
C
P
P
P
P
•
•
•
•
•
P •
•
•
Laundry, cleaning and garment services,
0
0
0
0
0
C
P
P
P
P
P
P
•
C
C
C
P
P •
•
•
including plants
0
I
Leather tanning and finishing
•
0
0
0
0
0
0
0•
C
C
•
r •
•
•
•
C •
•
•
Limousine services
0
0
0
0
C
C
C
C
C
C
C
•
•
C
C
•
Liquor stores
0
0
0
C
C
C
C
C
C
C
C
C
0•
•
Lumber and building materials dealers,
P
P
•
0
0
0
P •
(wholesale)
Manufacturing: Light, (subject to Section 13-54(a)
P
P
p
•
f
Performance standards)
EXCEPT the following which are prohibited:
• Manufacture of fertilizer
• Manufacture of products involving the use of
I
explosives
• Manufacture of rubber (including tires), steel
Manufacturing of chemical products, paints,
0
0
0
0
0
0
0
•
C
C
•
P
•
•
•
C •
•
•
pharmaceuticals, and plastics
(subject to Section 13-54(a) Performance standards)
39
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,
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3, If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C • Conditional Use Permit; MC • Minor Conditional Use
Permit; P - Permitted; 9 - Prohibited
` TABLE 13-30 r +"
�t'� �`•' Y ? ) t" ;� ;CITY OF4OST.ANESA+LAND .USEWATRIXy. ? Y�
,' oK•e; 'i'! t N ��,' i`'r A'
t t
{" ,.r 1,
y �Yi� MF�X L1 { �4i1
=f7 4i�.AlYLJ�USCSrkSPio 41}`t+q%C
., {: , ..
'y`:"`}+.•, r.. .;.i '71st ,t a ,{
t:'1 ' f
K
Ill
f�RY
�,,
C.. 31
Farf;
..i
y A
!
C
C'
y .,t
C K,.
trX
eY%
1�
fi
FMi
x
..P"�
�'y
.0 k
',
'Y
.syr
p<
N.:
s.
ups
�5 '�
,� ,,+� r t i~t ,,
,~+j1. !', s :�r trt;
•'I.,�.
2r,
`'2 ,
t3 r
= P,
%»
'.n
:K•
�3��'4~ .; .'1 r ,.,.j:..,� 9t?r.. x .., �,,,�. , ►�.
v.^,-=s•,�,� � s ;,. t$-;t`�:.'r r'4�'r!�yy;<i
I*..�,.a
i.
. M
•s;
S.H �'
1
st
''-
i.•
t
s
•-(
:t
S':.
e
: st,:
fil���.+�.�
i
}(��`r
Q
ft'.
�"�r'
,
:r-`
,i4 d
,,•„?.;:. ,.;5. �,�;.
Yrs ,
n
S
r�-:,i`,�.���' � ^i £ J`'rid = ,. � f Y * •tip
t 3• Y`i,.Y`-` 1
4.�
.s
r.
..
;,..
-
~•"{DlI1f6r
? pj,`
�Tj''
p1 /
�(1: 3«,:�f
x...;..
✓/:!
�.
'7r
tS� �"f . ` �,
�-. s •'� _'�'�.�
t'•
.t !- C
-�
S..J �—
� 2.y
7� 4
�M)'.
x4f
,,a r
A r.
�
�"' a-:
r
S �
rf. f
,�?
1
Ej S�yy
5.•
k
1 .
}
, . :,
shy ••
~
�+ii.;.
'•
Manufacturing of stone, clay, glass and
P
P
•
•
P
concrete products (subject to Secliort 13-54(a)
Performance standards)
EXCEPT the following which are prohibited:
• Manufacture of flat glass
i
I
• Manufacture of cement and struc*v-si clay products
• Manufacture of concrete, gypsu,n and plaster
products
• Manufacture of abrasive and asbes?.-s products
• Manufacture of nonclay refractories and crucibles
• Processing and preparation of clay ^eramic and
refractory minerals
Manufacturing or processing of `oods and
•
•
P
P
•
•
P
•
•
beverages (subject to Section 13-54ia Performance
standards)
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)
Massage - see also Acupressure ;s..oject to
•
P2
P2
P2
PZ
PZ
PZ
•
•
PZ
•
•
the requirements of TITLE 9, CHAPTER IV,
ADULT ENTERTAINMENT BUSINESSES)
Medical laboratories
•
•
•
C
C
P
P
P
P
C
C
0
•
•
•
C
C
0-T]•
Metal fabrication, welding, foundry, die
•
•
P
P
••
•
•
•
•
•
casting(subject to Section 13-54(a)y
1
1
40
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 .lis matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or. section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor Conditional Use
Permit: P - Permitted; • - Prohibited
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z
LAND USES R R R R A C C C C T
1 2 2 3 P L 1 2 1 C'
M H S'
D D
O N
M
G
E S
M
P
P
D
R
L
P
D
R
M
P
D
R
H
p
D
R
N
p
D
C'
p
D
1'
I
&
R'
I
&
R
S
p
D'
D'
i
D'
C
'
M
Motels- (subject to requirements of C2 C2
CHAPTER IX, ARTICLE 8, MOTELS)
.
.
•
•
(See also Hotels)
Motion picture and television studios • a a C
Motion picture theaters and other theaters P p P p
NOT WITHIN 200' of residential zones
P
P
•
•
p
P
p
,
• -
•
Motion picture theaters and other theaters • • a• • C C C C
WITHIN 200' of residential zones
•
•
•
•
.
C
Motor oil, used - collection facility (subject • • • • • • P2 F2 P` •
to the requirements of CHAPTER 1X,
P2
P2
•
•
.
•
p2
P2
p2
p2
,
ARTICLE 9, OFF-SITE HAZARDOUS WASTE
FACILITIES)
I
Motor vehicle sales, leasing, rental and C C C C
service; Motor vehicle, boat; and motorcycle
C
C
C
C
•
•
•
dealers
Motor vehicle service stations • • C C C
Motor vehicle service stations with • C2 C2 C2
concurrent sale of alcoholic beverages
•
•
•
•
.
C
C2
,
•
•
•
(subject to requirements of CHAPTER IX,
ARTICLE 3. CONCURRENT SALE OF
ALCOHOLIC BEVERAGES AND MOTOR
VEHICLE FUEL)
Motor vehicle; Boat; and Motorcycle repair • . P P p
services (including body and paint work),
p
P
P
P
•
NOT WITHIN 200' of residential zone
41
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.
2. This use Is subject to the requirements of the referenced Municipal Cade article or section.
3. If residential uses exist, accessory uses shall be permitted.
a. 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
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
LAND USES R R R
1 2 2
M H
D D
i
Motor vehicle; Boat; and Motorcycle repair • • •
services (including body and poFnt work),
R
3
Z-0
A C C C C T
P L 1 2 1 C'
St
C C C
N
M
G
C
E S
M
p
C
P
D
R
L
D'
P
D
R
M
D'
P
D
R
H
D'
P
D
R
N
C
M
P
D
C'
C
p
D
I'
C
I
&
R'
I
&
R
S
'
P
•
WiTHIN 200' of residential zont;
Nurseries (retail with no bulk fertilizer)
• C C P P •
C
C
•
•
•
•
Offices- see also Business services and
Engineering; Architectural; and Surveying
services
J J
Offices: Central administrative
P P P P P i P
P
P
•
P
p
Offices: General •
P P P P P P
C
C
C
C
C
P
P
•
Offices: Management; Consulti-o and public
P P P P P P
P
P
C
C
C
P
P
•
•
•
relations
Offices: Medical and dental
P P P P P P
C
C
C
P
C
C
•
•
Off-street parking lots and structures
•
C C C C C P
C
C
•
•
•
C
C
C
C
C
P
includin related maintenance ouildin 5
Off-street parking lots and structures, 110w
•
M M M M M M
M
M
M
M
M
M
M
M
incidental uses within
C C C C C 1 C
C
C
C
C
C
C
C
C
Oil fields; Oil wells (see CHAPTER XIV, OiL 0•
DRILLING) .
Photocopying; Blueprinting and related 0f•0
P P P P P
P
P
P
p
services I
Photofinishing laboratories • •0
P
P
•6
0
p
Photofinishing stores •
P P P p P
•
P
P
•
Photography: Commercial •
•
M M M P P M
M
M
•
•
P
M
I
C C. C C
C
C
J.
C
H_
Photography: Portrait studio 7 •
P P P P P P
•
.
p
M
C
42
1. Uses proposed in this zone are vibject 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 ruts matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section,
3. If residential uses exist, accessory uses shall be permitted,
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: C - Conditional Use Permit; MC - Minor Conditional Use
Permit; P - Permitted; 9 - Prohibited
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
Z O N E S
LAND USES
R
R
IR
R A C
IC
C C T
MM
P IP
P
P
P
P
I
I
P
1
2
2
3 P L
1
2 1 C'
IG
P
D In
D
D
D
D
&
&
M
H
S'
i
R A
R
R
C'
I'
R'
R
D
D
'
L M
H
N
S
D' D'
D'
C
'
M
Physical fitness facilities
•
•
•
C
C C C
' C
IC
•
•
•
C
C
•
•
1 •
Printing and publishing
C
P C C
P
I P
•
•�
•
•
P
P
•
•
•
Recording studios
C
C C •
M
M
C
M
a
•
•
C
C
C
Recycling and collection facilities for
+
M
M
M M
M
M•
•
M
M
M
M
•
nonhazardous materials
C
C
C C
C
C
C
C
C
C
Research and development laboratories
•
C C
C
P C C
P
P
•
•
•
P
•
•
•
Restaurants - See Establishments where
food or beverages are served
Retail: General - See also Supermarkets,
•
• P
P
P P P
•
•
•
C
C
C
P
C
•
•
•
Grocery stores, Convenience stores; or
Liquor Stores
Retail, incidental safes to the main use
• P P
P
P P P
M
M
•
P
P
P
P
M
•
•
•
C
C
I
C
Retail: Nonstore
• P P
P
P P P
P
P
•
P I
P
P
P
P
•
•
•
Rifle, pistol, and firing ranges
•
•
•
• •
C
C
.
•
.
.
.
.
C
•
Skating rinks
•
C
C C C
C
C
•
C
C
C
C
C
•
Storage of chemicals and allied products
•
•
•
.
.
,
-(except as incidental use)
-Storage of explosives
•
•
.
+
. .
.
.
•
.
•
.
.
.
,
-Storage of fertilizer
•
•
.
.
.
C
C
.
•
.
,
,
,
.
•
Storagte of motor vehicles (not including
•
C
C C •
M
M
•
• •
*
C
M
•
•
•
-impoundyard)
C
C
C
.Storage of petroleum and coal eroducts
•
•
•
43
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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have tho following meaning; C - Conditional Use Permit; MC • Minor Conditional Use
Permit; P - Permitted; • - Prohibited
TABLE 13-30
CITY OF COSTA MESA LAND USE MATRIX
LAND USES R R R R A C C C
1 2 2 3 P L 1 2
DH
Z O N
C T M
1 C' G
S'
E S
M
p
P
D
R
L
P
D
R
M
P
D
R
H
P
D
R
N
P
D
C'
P
D
1'
1 1
& &
R' R
S
p
D'
D'
D'
C
'
M
Storage of rock, sand, crushed aggregate • • • _ •
and gravel
• • C
C
•
•
+
_
_
Studios: Dance; Martial arts; Music, etc. • •40 40 P P
Supermarkets - See also Grocery stores 0 0P P
Tattoo parlors • • _ • C C
Tire sales and installation NOT WITHIN 200 • • • P P
feet of residential zone
P M C
C
P P
C +
P P
C
P
•
*
•
C
C
•
•
C
C
•
C
C
I P
C
•
C
•
•
•
C
+
•
•
P
P
•
Tire sales and installation WITHIN 200 feet • • M M
of residential zone C C
Tow companies with or without imoound • C C
and
Transfer station for refuse, sewage • • _
treatment
M M
C C
CM
C
C
M
C
M
C
C
+
•
•
•
M
C
.
M
C
M
C
•
•
C
C
•
Trucking: Local and long distance 0 C
Warehouses, Mini (subiect to the 9 C2 C2
requirements of CHAPTER IX, ARTICLE 7,
MINI -WAREHOUSES)
P
C2 aM
C2
P
M
C2
=
.
C
M
C2
•
+
Warehouses, Public 0 C C
Warehousing of durable and nondurable • • • • • •
goods EXCEPT livestock and poultry - See
C PP
• P
P
•
•'
.
.
p
p
+
also Stara e
Wholesale trade of durable, nondurable • • M M P
goods, EXCEPT livestock, poultry and C C
erishable goods
P P P
P
•
P
p
p
p
P
•
1. Uses proposed in this zone are subject to verification of consistency with the 44
adopted master plan. Uses not specified in the master plan, could be allowed, subject
to the review process indicated in ?his rnatrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use Is subject to the requiremmer„s of the referenced Municipal Code article or'section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning. C - Conditional Use Permit; MC - Minor Conditional Use
Permit. P - Permitted; • - Prohibited
CHAPTER V. DEVELOPMENT STANDARDS
ARTICLE 1. RESIDENTIAL DISTRICTS
Sec. 13-31. PURPOSE
The purpose of this article is to achieve the following:
(a) Ensure adequate light, air, privacy and open space for each dwelling unit.
(b) Minimize traffic congestion and avoid overloading of public services and utilities.
(c) Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor,
smoke and other objectionable influences.
(d) Locate development which retains the scale and character of existing residential
neighborhoods and facilitates the upgrade of declining and mixed -density residential
neighborhoods.
Sec. 13-32. DEVELOPMENT STANDARDS
Table 13-32 identifies development standards in the residential zones. See also ARTICLE 9 GENERAL
SITE IMPROVEMENT STANDARDS of this chapter for additional requirements for all the residential
zones.
Sec. 13-33. ACCESSORY BUILDINGS AND STRUCTURES
(a) Accessory buildings or structures constructed closer than 75 feet from the front property line
or on the front one-half of the lot, whichever is less, shall be reviewed by the Planning
Division for adequate screening and compatibility with the main structure.
(b) Underground structures including fallout shelters shall be allowed to be constructed on any
part of the lot provided they are built below grade level.
Sec. 13-34. BLUFF -TOP DEVELOPMENT
No building or structure shall be constructed closer than 10 feet from a bluff crest, unless permitted
by a minor conditional use permit. Approval of the minor conditional use permit requires satisfaction
that the building or structure will not:
(a) Endanger stability of the slope;
(b) Substantially interfere with access for fire protection; and
(c) Detract from the identity and integrity of the bluffs.
:_p
Minimum Open Space 1 40% of total lot area 40% of total lot area. (May be reduced to 36% if 10% of driveway & parking
area consists of decorative paving and current parking standards are met).
Distance Between 10 -foot minimum between main buildings
Buildings
6 -foot minimum between main buildings and accessory structures
Driveway width 10 -foot minimum Same as RI, except 16 -foot minimum driveway is required if the driveway serves
tenants and/or guest parking for more than one dwelling unit.
SETBACKS FOR AGAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless othensise
noted. All setbacks from streets are measured from the ultimate property line shown on the Afaster Plan of Highways).
Front 20 feet
Side Interior Lot: 5 feet on both sides. Note: Accessory structures that do not exceed 61A feet in height in the RI zone or
15 feet in height in the other residential zones may have a zero side setback.
TABLE 13-32
On corner lots, no detached accessory structure shall be constructed closer than the main structure to
RESIDENTIAL DEVELOPMENT STANDARDS
-�W the side property line abutting the street on the same lot.
STA,\'DARDS
R1 R2-1%ID R2 -HD
R3
Minimum Lot Area
6,000 square feet 7,260 square feet 6,000 square feet
6,000 square feet
Minimum Lot Width
Interior lot: 50 feet
rear yard setback, except on corner lots in the R2
zones.
Comer lot: 60 feet
Note: Accessory structures
Maximum Number of
2 stories/30 feet. Lofts without exterior access having only clerestory windows will not be
regarded as a story.
Stories & Building
rear a. Where the rear property line of a corner lot adjoins the side property line of another lot, on come los (eeexcept R2 -MD
no detached accessory structure shall be
Height
allowed on the corner lot, except within and R2 -HD column for
the rear quarter of the corner lot farthest from the side
Maximum Densiry
I dwelling unit per 6,000 square feet
1 dwelling unit per
I dwelling unit per
main structures,
1 dwelling unit per 2,178
(Based on gross
acreage-)
(Note: Only I dwelling unit is
3,630 square feet
3,000 square feet
square feet
permitted per lot.)
1 unit per 3,000 square
feet for legal lots
existing as of March 16,
1992, that are less than
7,260 square feet in
area but not less than
6.000 square feet in
area.
Minimum Open Space 1 40% of total lot area 40% of total lot area. (May be reduced to 36% if 10% of driveway & parking
area consists of decorative paving and current parking standards are met).
Distance Between 10 -foot minimum between main buildings
Buildings
6 -foot minimum between main buildings and accessory structures
Driveway width 10 -foot minimum Same as RI, except 16 -foot minimum driveway is required if the driveway serves
tenants and/or guest parking for more than one dwelling unit.
SETBACKS FOR AGAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless othensise
noted. All setbacks from streets are measured from the ultimate property line shown on the Afaster Plan of Highways).
Front 20 feet
Side Interior Lot: 5 feet on both sides. Note: Accessory structures that do not exceed 61A feet in height in the RI zone or
15 feet in height in the other residential zones may have a zero side setback.
Corner Lot: 10 feet on street side; 5 feet on other side.
On corner lots, no detached accessory structure shall be constructed closer than the main structure to
-�W the side property line abutting the street on the same lot.
Rnar (not abutting a
20 feet for 2 stot structures,
publicly dedicated
alley)
10 feet for i story structures (15 foot maximum height) provided that maximum rear yard structuress 2 story
is
coverage not exceeded, 10 feet for 1 story
structures (15 -foot
Note: Accessory structures that do not exceed 61h feet in height in the RI zone or 15 feet in maximum height).
height in the R2 zones may have a zero
rear yard setback, except on corner lots in the R2
zones.
Note: Accessory structures
do not exceed 15 feet
Corner lots in the lt2 -MD R2 HD & R3
zones., in
in height may have a zero
rear a. Where the rear property line of a corner lot adjoins the side property line of another lot, on come los (eeexcept R2 -MD
no detached accessory structure shall be
allowed on the corner lot, except within and R2 -HD column for
the rear quarter of the corner lot farthest from the side
street, setbacks for corner lots).
b. Where the rear property line of a corner lot abuts a public or private street, accessory
structures shall maintain setbacks for
main structures,
TABLE 13-32
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS RI R2 -MD R2 -HD R3
Rear Yard Coverage Main Buildings: 25%a of rear yard area.* Not applicable
(Maximum) Accessory Buildings: 50% of rear yard area.*
Rear yard area equals lot width, measured from side property line to side property line.
multiplied by 20 feet.
Rear Abutting a 5 feet; however, garages may be required to setback further to ensure adequate back up distance. Rear Yard Coverage does
Publicly Dedicated not apply.
Alley Note: Accessory structures that do not exceed 6t/2 feet in height in the R1 zone or 15 feet in height in the other residential
zones may have a zero rear yard setback, except on comer lots in the R2 and R3 zones where accessory structures shall
maintain setbacks for main structures.
Bluff Top Setback No building or structure closer than 10 feet from bluff crest (see Section 13-34 BLUFF -TOP DEVELOPMENT).
PROJECTIONS (Maximum depth of projections givers)
Roof or Eaves 2 feet 6 inches into required side setback or building separation area.
Overhang; Awning 5 feet into required front or rear setback.
Open, unenclosed 2 feet 6 inches into required setback or building separation area.
stairways.
Fireplaces 2 feet into required setback or building separation area.
PARKEN G (See Chapter VI).
LANDSCAPV G (Chapter V71).
SIGNS (Chapter ViIn.
IENCES A\ -D 1VALLS
Fences within 10 feet of front property line:
Solid and opaque wall or fence: 30 inches maximum height.
Wrought iron or other non-opaque metal fencing: 6 foot maximum height. See ARTICLE 9 GENERAL SITE IMPROVEMENT
STANDARDS of this chapter for further information.
Fences not within 10 feet of front property line: 6 feet maximum height See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of
this chapter for further information.
47
Sec. 13-35. ACCESSORY APARTMENTS
Requests for the construction of, or conversion to, accessory apartments shall be submitted to the
Planning Division for development review approval. Accessory apartments shall meet the criteria
specified in State Government Code Section 65852.2 and the following criteria -
1a) One dwelling unit on the property shall be owner occupied. A "Notice and Declaration of Land
Use Restriction" to this effect shall be signed and recorded prior to issuance of building
permits for the accessory apartment.
(b) Accessory apartments shall be limited to those lots large enough to support 2 units without
exceeding the General Plan density of units per acre for the lots on which they are to be
located.
(c) Two open parking spaces shall be provided for the accessory apartment
(d) Accessory apartments shall comply with this Zoning Code's required setbacks for main
buildings shown in Table 13-32 and shall be located a minimum of 10 feet from any main
building and a minimum of 6 feet from any accessory building.
Sec. 13-36. GRANNY UNITS
Requests for the construction of, or conversion to, granny units shall be submitted to the Planning
Division for development review approval. Granny units shall meet the criteria specified in State
Government Code Section 65852.1 and the following criteria;
(a) A "Notice and Declaration of Land Use Restriction" outlining the occupancy limits for the
granny unit per State Government Code Section 65852.1 shall be signed and recorded prior to
issuance of building permits for the granny unit. _
(b) Two open parking spaces shall be provided for the granny unit.
(c) Granny units shall comply with this Zoning Code's required setbacks for main buildings shown
in Table 13-32 and shall be located a minimum of 10 feet from any main building and a
minimum of 6 feet from any accessory building.
Sec. 13-37. LARGE FAMILY DAY CARE HOMES
Applications for large family day care homes shall be submitted to the Planning Division for
development review per CHAPTER III PLANNING APPLICATIONS, prior to the commencement of the
use. Pursuant to Section 1597.46 of the State Health and Safety Code, a large family day care home
shall not be subject to provisions of the California Environmental Quality Act.
Sec. 13-38. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR THE MULTIPLE -FAMILY
RESIDENTIAL DISTRICTS
(a) Straight -in driveways to garages shall have a minimum length of 19 feet from the ultimate
property line.
IN Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If _
this storage is provided within the garage or carport it shall be located so as not to obstruct
the required clear dimensions of the covered parking space (per the City of Costa Mesa
Parking Design Standards) up to a height of 4 feet above the finished surface level of the
parking stall. _
10 If the proposed residential project is to be located in proximity to a freeway, major arterial,
airport or any other source of significant noise, an acoustical evaluation of the working
drawings may be required to be submitted by an acoustical engineer for approval by the City.
The noise levels shall certify that the construction will reduce interior noise levels to 45 CNEL
and exterior noise levels to 65 CNEL.
48
(d) All newly created lots shall have frontage on a dedicated street equal to, or in excess of, the
required minimum lot width, with the exception of common interest developments.
{e} Additional conditions or special requirements may be reasonably applied by other City
departments (e.g., Fire Department) to ensure that the proposed residential development is
compatible and harmonious with existing developments in the vicinity, and to protect the
public health, safety and general welfare. If such conditions are applied, the conditions must
be fulfilled or a security posted to ensure completion of the conditions to the satisfaction of
the appropriate department prior to final occupancy.
49
ARTICLE 2. COMMON INTEREST DEVELOPMENTS
Sec. 13-39. PURPOSE
The purpose of this article is to regulate the placement of residential common interest development
projects consistent with the form of ownership and occupancy of such projects pursuant to applicable
laws for the general health, safety and welfare of the public.
Sec. 13-40. PLANNING APPLICATION REQUIRED
(a) Common interest development projects are permitted in appropriate residential or planned
development zones, subject to the approval of the following planning application, as
applicable. This requirement is in addition to other permits or certificates required by law.
(1) All new residential common interest development projects shall be processed
according to the development review procedures contained in CHAPTER III PLANNING
APPLICATIONS.
(2) Conversion of occupied or previously occupied apartment complexes to residential
common interest development projects shall be subject to Section 13-42
RESIDENTIAL COMMON INTEREST DEVELOPMENT CONVERSIONS and shall be
processed according to the residential common interest development conversion
procedures contained in CHAPTER III PLANNING APPLICATIONS.
(3) Conversion of newly constructed apartment complexes, that have never been
occupied, to residential common interest development projects shall be subject to
Section 13-41 NEW RESIDENTIAL COMMON INTEREST DEVELOPMENTS and shall be
processed according to the development review procedures contained in CHAPTER III
PLANNING APPLICATIONS.
(4) All residential common interest development projects require the approval of tentative
or final tract or parcel maps as required by law. A tentative tract map or parcel map
shall not be required until either a development review or residential common interest
development conversion has been approved; however, the map may be processed
concurrently.
(b) No person shall construct, sell, lease, convey, maintain or use a common interest development
project within the City without first complying with the provisions of this article.
Sec. 13-41. NEW RESIDENTIAL COMMON INTEREST DEVELOPMENTS
(a) Applicability. The provisions of this section shall apply to all proposed new residential
common interest development projects.
(b) Development standards. Projects shall comply with ail applicable standard plans and
specifications and adopted City and State codes, as well as the following provisions.
(1) The project shall be comprised of a minimum of 3 dwelling units.
(2) The maximum density of a project approved pursuant to this article shall not exceed
the maximum established for the residential district where the project is proposed.
(3) Building separation shall be designed to provide adequate light, air and privacy, but
shall in no case be less than 10 feet.
(4) The location and orientation of all buildings shall be designed and arranged to preserve
natural features by minimizing the disturbance to the natural environment. Natural
features such as trees, groves, waterways, scenic points, historic spots or landmarks,
50
bluffs or slopes shall be delineated on the site plan and considered when planning the
location and orientation of buildings, open spaces, underground services, walks, paved
areas, playgrounds, parking areas and finished grade elevations.
(5) All structures proposed to be constructed within a project shall conform to the
following requirements:
a. Structures having dwelling units attached side by side shall avoid the long -row
effect by being composed of no more than 6 dwelling units. Alternative
designs which accomplish the same purpose may be approved by the Planning
Division.
b. Structures having dwelling units attached side by side shall avoid the long -row
effect with a break in the facade by having an offset in the front building line
of at least 4 feet for every 2 dwelling units within such structure. Alternate
designs which accomplish the same purpose may be approved by the Planning
Division.
C. Consideration shall be given to the effect of proposed development on the
light, air and privacy of adjacent properties.
(6) Minimum open space for common interest development projects shall be 40 per cent
of the lot area.
a. Common open space areas shall be designed and located within the
development to allow maximum use by all residents of the project. Enclosed
buildings used for recreation or leisure facilities should not be used to satisfy
more than 15 per cent of required open space.
b. Private open space. An adjoining private patio, with no dimension less than
10 feet, shall be provided for each unit.
C. Required open space may be reduced to 36 per cent of the total lot area if at
least 10 per cent of the driveway and required open parking is paved in a
decorative nature and the parking meets current standards,
(7) The required parking for common interest development projects shall be provided per
CHAPTER VI OFF-STREET PARKING STANDARDS, ARTICLE 1 RESIDENTIAL.
DISTRICTS and automatic garage door openers shall be required for each garage.
(8) A detailed landscape plan prepared pursuant to CHAPTER VII LANDSCAPING
STANDARDS shall be approved by the Planning Division prior to issuance of any
building permits.
(9) Outsid:- uncovered and unenclosed storage of boats, trailers, recreational ,vehicles and
oth''3; similar vehicles sh,41 be prohibited winless specifically desig;iated areas for the
exclusive storage of such vehicles are set aside on the final master plan and provided
for in the association's covenants, conditions and restrictions. Where such areas are
provided, they shall be enclosed and screened from view on a horizontal plane from
adjacent areas by a combination of 6 foot high opaque fences and permanently
maintained landscaping.
(10) No exterior television antenna shall be permitted, but a common underground cable
service to all dwelling units may be provided.
(11) The developer shall install an on-site lighting system in all parking areas, vehicular
access ways and along major walkways. The lighting shall be directed onto driveways
and walkways within the project and away from dwelling units and adjacent
properties, and shall be of a type approved by the Development Services Department.
51
(12) All projects approved subject to this article shall be exempt from the minimum lot area
standards established in ARTICLE 1 RESIDENTIAL DISTRICTS of this chapter.
(13) All projects shall be designed with a minimum of one lot to be held in common
ownership and maintained by a homeowners association. This lot shall be used for
common driveways, parking areas and at least 10 feet of street setback landscaped
areas.
(c) Documents required.
(1) A project may be approved subject to submission of all organizational documents
setting forth a plan or manner of permanent care and maintenance of open spaces,
recreational areas and common facilities pursuant to State law (Civil Code 1350-
1359). No such documents shall be acceptable until approved by the City Attorney as
to legal form and effect, and by the Planning Division as to suitability for the proposed
use of the open areas.
(2) The developer shall file a declaration of covenants to be submitted with the application
for approval, that will govern the association. The provisions shall include, but not be
limited to, the following:
a. The homeowners' association shall be established prior to the sale of any
u nit(s).
b, Membership shall be mandatory for each buyerand any successive buyer,
C. Provisions to restrict parking upon other than approved and developed parking
spaces and to require that garages be kept open and available for tenant
parking shall be written into the covenants, conditions and restrictions for
each project.
d. If the development is constructed in increments or phases which require one
or more final maps, reciprocal covenants, conditions, and restrictions and
reciprocal management and maintenance agreements shall be established
which will cause a merging of increments as they are completed, and embody
one homeowners' association with common areas for the total development,
e. The declaration of covenants shall contain language or provisions substantially
as follows.
L "The covenants, conditions and restrictions of this declaration shall run
to the City of Costa Mesa insofar as they shall apply to the _
maintenance of the "common areas" as herein defined.
ii. "In ?he event the assocWion or ether legally rescions'ble person(s) fail
to rnaintaio tiff common are; in suer, ananner as to cause sar:ia to
constitute a public nuisance, the City may, upon proper notice and
hearing, institute summary abatement procedures and impose a lien for
the costs of such abatement upon the common area, individual units
or the whole thereof as provided by law."
Sec. 13-42. RESIDENTIAL COMMON INTEREST DEVELOPMENT CONVERSIONS
(a) Applicability. The provisions of this section shall apply to all conversions of occupied or
previously occupied apartments or other similar existing developments to residential common
interest developments proposed on a real property within the appropriately zoned districts.
These provisions are in addition to those set forth in Section 13-41 NEW RESIDENTIAL
COMMON INTEREST DEVELOPMENTS.
Ib) Findings and critical vacancy rate applicable.
52
(1) The City Council finds and declares that, when the vacancy rate for apartments being
offered for rent or lease in the City is equal to or less than the critical vacancy rate as
established in subsection (c), that a housing shortage exists. A housing shortage is
inconsistent with the declared goals and objectives of the Housing Subelement of the
General Plan.
(2) The City Council further finds that the conversion of existing apartment buildings into
common interest development projects may diminish the supply of rental housing and
displace residents unreasonably.
(3) To avoid the foregoing problems and to reduce the displacement of long-term
residents, particularly senior citizens and low- and moderate -income families and
families with school-age children, the City Council finds and declares it necessary and
proper to regulate such conversions by the provisions herein for the health, safety,
and welfare of the general public. The Planning Division shall present to the Planning
Commission vacancy statistics from the most recent data compiled by either the U.S.
Department of Housing and Urban Development or other governmental agency. The
Planning Commission shall determine the apartment vacancy rate for the City based
on the most current data available.
(c) Critical vacancy rate. The City Council hereby establishes that the critical vacancy rate is 3
per cent.
(d) Inspection fee. There shall be an inspection fee, established by the Building Division, to
determine compliance of the existing units with all appropriate building codes.
(e) Documents required. The following documents are required in addition to those set forth in
- Section 13-41(c) NEW RESIDENTIAL. COMMON INTEREST DEVELOPMENTS. To the extent
applicable, the following report requirements may be satisfied by submission of copies of
similar reports filed with State agencies.
(1) Applicant shall provide written proof of compliance with the requirements of applicable
State statutes regarding the rights of existing tenants of the project.
(2) Applicant shall submit a detailed "property report" describing the date(s) of original
construction, present useful life of the roof, foundations, mechanical, electrical,
plumbing and existing buildings or structures in the project. The report shall be
prepared and certified to by a registered civil or structural engineer or licensed
architect.
(3) The applicant shall submit a structural pest report prepared and certified by a licensed
structural pest control operator (see State Business and Professions Code Section
8516).
(f) Review procedures. The following are processing requirements in addition to those set forth
in CHAPYER Ilt PLANNING APPLICATIONS.
(1) Upon receipt of the application and all required documents, the Planning Division shall
submit copies of applicable reports or documents to the Fire Department, Building
Safety Division and other appropriate departments.
(2) The Development Services Director shall require an inspection of all buildings and
structures in the existing development. An inspection report shall be prepared at or
under his/her direction identifying all items found to be in violation of current code
requirements for such buildings or structures, or found to be hazardous.
(3) The Fire Marshal shall inspect the project to determine the sufficiency of fire
protection systems serving the project and report on any deficiencies.
53
(4) The Planning Division may submit copies of such documents required in subsections
(2) and (3) to other departments for their review and requirements.
(5) The Planning Division shall review the property report submitted by the applicant and
may require its revision and resubmission if found inadequate in providing the required --
information.
(6) The Planning Division shall keep and maintain the copies of all required reports, as
public records, for no less than 5 years, and shall send copies to the California Real
Estate Commissioner as may be required by law.
(7) A final inspection report shall be made by the Building official, upon request of the
applicant, indicating the compliance with all the imposed requirements.
(g) Approval criteria.
(1) The Planning Commission shall utilize the development standards and requirements of
this article as criteria in the approval of the conversion as herein provided.
(2) No residential common interest development conversion shall be approved until all
required documents have been submitted, reviewed and found to comply with the
provisions of applicable State law and this Zoning Code.
(3) All dwelling units may be required to comply with current requirements for energy
insulation, sound transmission control and fire detection systems,
54
ARTICLE 3. COMMERCIAL DISTRICTS
Sec. 13-43. PURPOSE
The purpose of this article is to achieve the following:
fa) Provide adequate space to meet the needs of commercial development.
(b) Minimize traffic congestion and avoid overloading of utilities.
(c) Protect "sensitive" areas from excessive noise, illumination, unsightliness, odor, smoke and
other objectionable influences associated with commercial areas.
fd) Promote high standards of site planning and landscape design for commercial development.
Sec. 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.
Sec. 13-45. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR THE COMMERCIAL
DISTRICTS
(a) All newly created lots shall have frontage on a dedicated street equal to, or in excess of, the
required minimum lot width.
fb) The maximum building area shall not exceed the floor area ratios fFAR) established in the
General Plan for the applicable General Plan land use designation as described further in
ARTICLE 8 FLOOR AREA RATIOS of this chapter.
(c) If a master plan is required for a project, all development must conform to the master plan as
approved by the final review authority.
fd) Additional conditions or special requirements may be reasonably applied by other City
departments to ensure that the proposed development is compatible and harmonious with
existing development in the vicinity and to protect the public health, safety and general
welfare, If such conditions are applied, the conditions must be fulfilled or a security ,posted to
ensure completion of the conditions to the satisfaction of the appropriate department prior to
final occupancy.
55
TABLE 13-44
CO' fBIERCIAL PROPERTY DEVELOPME\T STAB\'DARDS
DEVELOPMENT STA.\DARDS P AP I CL I CI I C2 I CI -S — TC
Minimum Lot Area 6,000 square feet 12,000 square 5 acres 20 acres
feet
Minimum Lot Width Interior Lot: 50 feet 60 feet None
Corner Lot: 60 feet
Maximum Floor Area Ratio Refer to Chapter V Article 8 FLOOR AREA RATIOS.
Maximum Building/Structure 2 stories/30 feet None
Height
SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES 0, inimum distances given, unless
othermise 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. None
Exception: If the side property line is adjacent to a residential zone, all buildings shall
maintain a side setback of 2 times the building height at all locations.
Rear (Interior) 0 feet
Exception: If the rear property line is adjacent to a residential zone, all buildings shall None
maintain a rear setback of 2 times the building height at all locations.
Side or Rear abutting a public 20 feet for secondary, primary or major streets per the Master Plan of Highways. 20 feet
street 15 feet for all other streets.
PROTECTIONS (llaxunum depth of projections given)
Roof or Eaves 2 feet 6 inches into required side setback.
Ol'erl11RZ; Awning 5 feet into required front or rear setback. None
Open, unenclosed Stairways. 2 feet 6 inches into required setback area.
None
PARKLNG (See Chapter VI).
LA' DSCAP`WG (See Chapter VII).
SIGNS (See Chapter VIII).
ADDITIONAL DEVELOPMENT STANDARDS
Planned Signing Program Not required
Blaster Plan Not required
Required (see CHAPTER VIII SIGNS).
Required- The final review authority is the
Planning Commission in the CI -S zone and the
City Council in the TC zone {see CHAPTER
III PLANNING APPLICATIONS).
1' ,s Undenoof All u: shah be conduct .t under'or,f e;;cept a:, allrrp,cd b a minor-onditi: �.A use permit. Exception:
Sifk: i;alk and parking V Jles may be allowed for a maximum « P a sales per fiscal year with a
maximum length of 3 days per sale and subject to obtaining a business permit.
Outdoor Storage Permitted when: Storage does not interfere with required parking or vehicular access; storage is not in
(incidental to the main use) required setback area abutting a public right-of-way; storage does not decrease required landscaping;
storage is completely screened from view from street or adjacent properties; storage complies with all
applicable codes and regulations including, but not limited to, the Uniform Fire Code. Storage not
meeting these criteria requires approval of a minor conditional use permit.
56
ARTICLE 4. ESTABLISHMENTS WHERE FOOD OR BEVERAGES ARE SERVED
Sec. 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.
Sec. 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. In instances where more than one review procedure is applicable to an
establishment, the more stringent procedure shall apply.
Sec. 13-48. GENERAL DEVELOPMENT STANDARDS
Establishments where food or beverages are served are subject to the following development
standards.
(a) Outdoor seating areas shall not encroach into required street setback, parking and circulation,
or interior landscaped areas; except as approved through the issuance of a minor conditional
use permit.
(b) All establishments shall comply with the applicable standards and review procedures indicated
in Table 13-47, as well as with all other development standards of the appropriate zoning
district.
57
TABLE 1347
PERMITTED AND CONDITIONALLY PERNETTED USES
LOCATION AN'D OPERATIONAL CI -S CI C2 CL TC PD MG
CIiARACTERISTICS
Establishments with 300 square feet or less of public P'•2 or P P P MC P' or P P' or P P
area.
Establishments with more than 300 square feet of public P' or P P P MC P' or P Pi or P MC
area.
EXCEPTIONS
Located within 200 feet of a residential zone.
P' or P
P
P
(Subject to the requirements of Section 13-49
P
P'orC
P'orC
DEVELOPMENT STANDARDS FOR
C
P' or
MC
P' or
MC
ESTABLISHMENTS WITHIN 200 FEET OF
MC
MC
RESIDENTIALLY ZONED PROPERTY)
P' or
MC
MC
MC
Sale of alcoholic beverages for on-site consumption
P' or C
C
C
after 11:00 p.m. and/or provision of live entertainment
MC
C
or dancing located within 200 feet of a residential zone.
P'orC
C
C
Sale of alcoholic beverages for on-site consumption
P' or
MC
N1
after 11:00 p.m. and/or provision of live entertainment
MC
or dancing located not within 200 feet of a residential
zone.
Drive-through operations.
P' or
NIC
NI
(Subject to the requirements of Section 13-50
NIC
DEVELOPMENT STANDARDS FOR DRIVE-
THROUGH OPERATIONS )
Establishments with less than 300 feet of public area
P' or
MC
M
located in a multi -tenant center where 30% or more of
MC
the tenants are similar businesses, i.e., establishments
with Iess than 300 feet of public area.
Establishments with a micro brewery
P' or C
C
C
L Pursuant to an approved master plan which specifies tt e
MP
P
MC
C
C
C
MC
C
MC
Pi or P
P' or P
P
P
P'orC
P'orC
C
C
P' or
MC
P' or
MC
MC
MC
MC
P' or
MC
P' or
MC
MC
MC
MC
P' or
MC
P' or
MC
MC
MC
C
P'orC
P'orC
C
C
e operational characteristics and/or location of the business.
2. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: P= Permitted: MC= Minor
Conditional Use Permit; C= Conditional Use Permit.
58
Sec. 13-49. DEVELOPMENT STANDARDS FOR ESTABLISHMENTS WITHIN 200 FEET OF
RESIDENTIALLY -ZONED PROPERTY
Establishments where food or beverages are served that are within 200 feet of residentially -zoned
property shall comply with the following development standards, unless the standards are modified
through the issuance of a minor conditional use permit or conditional use permit.
(a) All exterior lighting shall be shielded and/or directed away from residential areas.
(b) Outdoor public communication systems shall not be audible in adjacent residential areas.
(c) Trash facilities shall be screened from view and designed and located appropriately to
minimize potential noise and odor impacts to adjacent residential areas.
Id) Outdoor seating areas shall be oriented away or sufficiently buffered from adjacent residential
areas.
(e) For new construction, a landscaped planter area, a minimum of 5 feet in width, shall be
provided as an additional buffer to adjacent residential areas. The planter area shall contain
appropriate plant materials to provide an immediate and effective screen. Plant materials shall
meet with the approval of the Planning Division. For remodels, the Planning Division may also
require the construction of a landscaped planter area to buffer adjacent residential areas, if
feasible.
(f) For new construction, all interior property lines abutting residentially -zoned property shall have
a minimum 6 foot high masonry wall, as measured from the highest grade. An 6 foot high
masonry wall may be required, based on the establishment's operational characteristics, in
order to provide additional protection to adjacent residential uses. A planning application may
be required for walls exceeding 6 feet in height. For remodels, the Planning Division may also
require the construction of a masonry wall to buffer adjacent residential areas, if feasible.
(g) Hours of operation for customer service shall not occur any time between 11:00 p.m. and
6:00 a.m..
(h) Truck deliveries shall not occur anytime between 8:00 p.m, and 7:00 a.m..
Sec. 13-50. DEVELOPMENT STANDARDS FOR DRIVE-THROUGH OPERATIONS
Establishments with drive-through operations shall comply with the following development standards,
unless the standards are modified through the issuance of a minor conditional use permit.
(a) Drive-through lanes shall not obstruct the circulation routes necessary for ingress or egress
from the property, parking areas (including back -out of parking spaces), and pedestrian
walkways.
(b) Each dive -through lane shall be striped, marked or otherwise distinctly delineated, and shall
be a minimum of 11 feet wide.
(c) On-site entrances to drive-through lanes shall be setback a minimum of 25 feet from drive
approaches from public or private streets or alleys.
(d) Each drive-through lane shall be a minimum of 160 feet in length, unless modified by the
Zoning Administrator. The length of the drive-through lane shall be measured from its
entrance point to the pick-up window.
59
(e) Vehicle stacking areas of drive-through lanes shall be a minimum distance of 10 feet from
outdoor seating and play areas.
(f) Application for a minor conditional use permit shall include an operation statement indicating
the physical improvements and operational measures proposed to minimize idling vehicle
emissions.
(g) 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.
Sec. 13-51. APPLICABILITY
(a) The provisions of this article shall apply to all new establishments where food or beverages are
served which are proposed. The provisions of this article shall not apply to existing uses,
even when they undergo a change of ownership, unless one or more of the conditions
described in subsection (b) are met.
(b) The provisions of this article shall apply, as appropriate, to any existing use where food or
beverages are served under the following circumstances:
(1) A change of operational characteristics that includes one or more of the following
items:
a. An extension of the hours of operation for customer service between 11 p.m.
and 6 a.m., if the establishment is within 200 feet of residentially -zoned
property.
b. The introduction of the sale of alcoholic beverages for on-site consumption
between 11 p.m. and 2 a.m..
C. The introduction of live entertainment or dancing, or the cumulative expansion
of 100 square feet or more of the area devoted to dancing during the lifetime
of the establishment.
d. The introduction of drive-through operations or the expansion of the existing
drive-through operations.
e. Alterations resulting in a cumulative increase of 100 square feet or more in the
floor area devoted to customer service, e.g., food and/or beverage service or
entertainment, during the lifetime of the establishment.
f. A change from any type of Alcoholic Beverage Control license to any of the
following Alcoholic, Beverage Comm[ licr'!}se types: 10 (on -sale beer); 42 (on -
sale goer rind wine for pWAr, premises); o; 61 (or -sale bet. For public
premises), provided that the establishment is open for customer service
anytime between the hours of 11 p.m. and 2 a.m..
(2) A cumulative expansion of 100 square feet or more of the gross floor area during the
lifetime of the establishment.
(3) Discretionary review by the final review authority shall be limited to the change in
operational characteristics or the expansion in the area devoted to customer service.
60
ARTICLE 5. INDUSTRIAL DISTRICTS
Sec. 13-52. PURPOSE
The purpose of this article is to achieve the following:
(a) Preserve and enhance the environmental aesthetics and quality for those who live and
work in the community.
(b) Ensure the long term productivity and viability of the community's diversified
economic base by maintaining developments of light industry, manufacturing, research
and development and office uses.
(c) Provide levels of public improvements and services necessary to support the existing
level of business activity, and allow for the expansion of business opportunities in the
future at a level no greater than can be supported by the infrastructure.
Sec. 13-53. DEVELOPMENT STANDARDS
Table 13-53 identifies development standards in the industrial zones. See also ARTICLE 9 GENERAL
SITE IMPROVEMENT STANDARDS of this chapter for additional requirements.
Sec. 13-54. ADDITIONAL PROPERTY DEVELOPMENT STANDARDS FOR THE INDUSTRIAL
DISTRICTS
(a) Performance standards. When required by CHAPTER IV CITYWIDE LAND USE MATRIX, the
environmental disclosure statement described below shall be submitted by the applicant in
Y order to minimize possible hazards to the surrounding area as a result of specific chemicals
that may be used.
( 1) Environmental disclosure statement The purpose of this statement is to provide the
City with a comprehensive disclosure of potentially hazardous conditions associated
with the proposed use, and the identification of all safeguards to eliminate or mitigate
the potential hazards and environmental risks. The disclosure shall provide and include
a complete list of all toxic chemicals, hazardous materials, waste and or acutely
hazardous materials of any amount (by gallons of liquid, pounds of solid or/and cubic
feet of compressed gas), that may be used, handled or stored in conjunction with the
use. The disclosure of the following items shall also be required at any amount:
a. Class "A" explosive;
b. Class "A" poison;
C. Any commercial grade pesticide;
d. Any unsealed radioactive isotope; and/or
e. Any carcinogen.
This disclosure statement shall be submitted by the applicant to the Planning Division
and to any other applicable agency prior to the use of the property.
61
(b} Service and repair of motor vehicles and boats. The service and repair operations shall be
subject to the following:
(1) All operations shall be conducted within an enclosed building.
(2) All areas or structures in which such operations are conducted shall be so located or
treated as to prevent annoyance or a detriment to any other existing on-site uses and
surrounding properties.
(3) All activities shall be confined to 7:00 a.m. to 7:00 p.m. when located within 200 feet
of residentially zoned property measured from lot line to lot line.
(4) No damaged or inoperable boats or vehicles shall be stored for purposes other than
repair.
(c) Other requirements.
(1) The maximum building area shall not exceed the floor area ratios established in the
General Plan for the applicable General Plan land use designation as described further
in ARTICLE 8 FLOOR AREA RATIOS of this chapter.
(2) Additional conditions or special requirements may be reasonably applied by other City
departments to ensure that the proposed development is compatible and harmonious
with existing development in the vicinity and to protect the public health, safety and
general welfare. If such conditions are applied, the conditions must be fulfilled or a
security posted to ensure completion of the conditions to the satisfaction of the
appropriate department prior to final occupancy
62
63
TABLE 13-53
INDUSTRIAL DEVELOPINIEI\T STANDARDS
DEVELOPMENT STANDARD
MG
MP
Minimum Lot Area
10,000 square feet
30,000 square feet
Maximum Floor Area Ratio
Refer to Chapter V. Article 8 FLOOR AREA RATIOS.
Maximum Building/Structure
2 stories/30 feet
3 stories/45 feet
Height
SETBACKS FOR bIAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise
noted. All setbacks are measured from the ultimate property line shown on the blaster Plan of Highways.)
Front
Interior lot: 10 feet
All lots: 20 feet
Corner lot: 15 feet
Exception: If the property is adjacent to a residential
zone on either side, the front setback is 20 feet.
Side
Interior lot: 0 feet
Interior lot: 10 feet
Corner lot: 15 feet on the street side
Comer lot: 20 feet on the street side
Exception: If the side property line is adjacent to a
Exception: If the side property line is adjacent to a
residential zone, all buildings shall maintain a side
residential zone, all buildings shall maintain a side
setback of 2 times the building height at all locations.
setback of 2 times the building height at all
locations.
Rear (Interior)
All lots: 0 feet
Exception: If the rear property line is adjacent to a residential zone, all buildings shall maintain a rear
setback of 2 times the building height at all locations.
Rear abutting a public street
10 feet
20 feet
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.
Open, unenclosed Stairways.
2 feet 6 inches into required setback area.
PARI:I.\G (See Chapter VI).
LANDSCAPING (See Chapter VII).
SIGNS (See Chapter VIII).
ADDITIONAL DEVELOPMENT S'T'ANDARDS
Planned Signing Program
Not required.
Uses Underroof
All uses shall be conducted underroof except as may be permitted by a minor conditional use permit.
Exception: Sidewalk and parking lot sales may be allowed on the basis of a maximum of 4 sales per fiscal
year with a maximum length of 3 days per sale and subject to obtaining a business permit.
Outdoor Storage
(incidental to main use)
Permitted when: Storage does not interfere with required parking or vehicular akc:ess; storage is not in
required setback area abuu!ng a public nth?-of-way; strnrn;,- dues not decrease rejuired landscaping; storage
is compictely screened from view from street or adja ;tl properties; and storage cornplies with all applicable
codes and regulations including, but not limited to, Uniform Fire Code.
the Storage not meeting these criteria
requires approval of a minor conditional use permit.
63
ARTICLE 6. PLANNED DEVELOPMENT
Sec. 13-55. PURPOSE
It is the purpose and intent of this article to.,
(a) Provide a method by which appropriately located areas of the City can be developed utilizing
more imaginative and innovative planning concepts than would be possible through strict
application of existing zoning and subdivision regulations. It is intended that these
developments will meet the broader goals of the General Plan and Zoning Code by exhibiting
excellence in design, site planning, integration of uses and structures, and protection of the
integrity of neighboring development.
IN Furthermore, it is the intention of the City to provide a more efficient use of land, additional
alternative environments and the allocation and maintenance of more privately controlled and
usable open space.
Sec. 13-56. MASTER PLAN REQUIRED
All development proposed in the Planned Development districts require approval of a master plan
pursuant to CHAPTER III PLANNING APPLICATIONS. The final review authority for the master plan
shall be the City Council.
l:a) Preliminary master plan. At the applicant's option, a preliminary master plan may be
processed in advance of the master plan pursuant to CHAPTER 111 PLANNING APPLICATIONS.
The purpose of the preliminary master plan shall be to determine the general location, type,
and intensities of uses proposed in large scale planned developments prior to the preparation
and submittal of more detailed development plans. Preliminary master plans may also be used
as the conceptual pian for long-term or phased planned developments.
Upon approval of the preliminary master plan, development plans for individual components or
phases of the planned development shall be required and shall be processed according to the
provisions for master plans in CHAPTER III PLANNING APPLICATIONS. The subsequent plans
shall be consistent with the parameters and general allocation and intensity of uses of the
approved preliminary master plan. At the time of approval of the preliminary master plan. the
City Council may determine that subsequent development plans may bi approved by the
Planning Commission. In such gases, development plans will be forwarded by the Planning
Commission, upon an appeal filed pursuant to TITLE 2, CHAPTER IX APPEAL, REHEARING
AND REVIEW PROCEDURE, or upon motion by the City Council.
(b) Amendments to the master plan,
(1) Minor changes in the location, siting or character of buildings and structures may be
authorized by the Planning Division if required by engineering specifications or other
circumst.-nces not foreseen It the tine tht: master plan was approved No change
authorir, .i under this section may cause any m the f�jllowjng:
a. A change in the use of character of the development;
b. An increase in the overall density of the development;
c. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation and
utility networks;
g. A reduction in required street pavement widths.
(2) Substantial amendments to the development plan encompassing one or more of the
above listed changes shall be processed and reviewed pursuant to the provisions for
new master plans contained in CHAPTER 111 PLANNING APPLICATIONS.
64
(c) Minor additions in an existing planned development.
(1) Unenclosed patio covers. Unenclosed patio covers in planned development residential
zones which meet the following setback criteria may be approved by the Planning
Division:
a. Side setback- 5 feet or equivalent to main structure, whichever is less.
b. Rear setback- 10 feet or 5 feet for small lot developments.
(2) Enclosed Patios and room additions. Enclosed patios and room additions may be
permitted pursuant to the parameters for such additions established in the master
plan. In cases where the master plan does not include criteria for future enclosed
Patios and/or room additions, the addition may be permitted if the required open space
percentage is met on the affected lot and the addition meets the setbacks established
for patio covers with the exception of small lot developments for which the setback
standards established in Table 13-58 shall be applied.
(3) Minor additions not meeting the above criteria may be approved by minor modification
if the Planning Division finds that the proposed construction does not materially affect
the required open space or site coverage of the planned development.
Sec. 13-57. SITE DESIGN CONCEPT
A variety of building products are encouraged in the design of projects in the Planned Development
zones, thereby maximizing project excellence. Complementary uses, as appropriate, are also
encouraged.
(a) Planned Development Residential.
(1) Within the low density zone: Small -lot, single-family detached residential
developments including clustered development, zero lot line development and
conventional development are appropriate.
(2) Within the medium density, high density, and north Costa Mesa zones: Single -and
multiple -family residential developments containing any type or mixture of housing
units; either attached or detached, including but not limited to, clustered development,
townhouses, patio homes, detached houses, duplexes, garden apartments, and high
rise apartments or common interest developments are appropriate.
(3) As a complementary use, nonresidential use of a religious, educational, or recreational
nature may be allowed if the City Council finds the use to be compatible with the
Planned Development residential project.
(4) As -.i complementary use in the PDR -MD, PDFi-ND and PDR --NCM zones, nomasidential
uses of a commercial nature may be allowed if the City Council finds the uses to be
compatible with the Planned Development Residential ,project and if the FAR does not
exceed that established for the Neighborhood Commercial General Plan land use
designation.
(b) Planned Development Commercial.
(1) Retail shops, offices and service establishments, including but not limited to, hotels,
restaurants, theaters, museums, financial institutions and health clubs are appropriate.
These uses are intended to serve adjacent residential areas, as well as the entire
community and region.
(2) As complementary uses, residential (density maximum of 20 dwelling units per acre)
and industrial uses as well as other commercial and noncommercial uses of a similar or
65
supportive nature to the uses noted in this subsection may be allowed if the City
Council approves the uses as compatible with the Planned Development Commercial
project based on compatible uses listed in the General Plan for the applicable land use
designation subject to FAR limits.
(c) Planned Development Industrial.
(1) Large industrial developments with ample open space and landscaping typifies projects
in this district.
(2) As complementary uses, nonindustrial uses of a commercial nature or residential
nature (density maximum of 20 dwelling units per acre) may be allowed if the City
Council finds the uses to be compatible with the Planned Development Industrial
project based on compatible uses listed in the General Plan for the applicable land use
designation subject to FAR limits.
Sec. 13-58. DEVELOPMENT STANDARDS
Table 13-58 identifies development standards in the planned development zones. See also ARTICLE 9
GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements.
Sec. 13-59. MAXIMUM DENSITY CRITERIA
(a) The base density indicated in Table 13-58 shall constitute the density entitlement of projects
which meet, but do not materially exceed, the minimum development standards for the
Planned Development zone. The provision of affordable housing shall be necessary to reach
the maximum density for the North Costa Mesa residential district.
{b) Density increments up to the maximum shown in Table 13-58 may be approved in order to
provide an incentive for design excellence. Criteria for density increments include, but shall
not be limited to, the following (except that criteria (6) through (10) shall not apply to small -
lot, single-family development):
(1) Preservation of natural features that enhance the development and will benefit the
community (including trees, scenic points, view corridors, historic buildings or
locations, unique geological formations and other community assets).
(2) Provision of distinctive design, including site planning, structural design, architectural
treatments, landscaping and integration into the community.
(3) Provision of usable open space in excess of the required amount.
(4) Enlargement of the required perimeter open space.
(5) Utilization of non-depletable energy sources for water heating and/or space heating.
(6) Provision of low and moderate income housing as a portion of the total development.
(7) Provision of all or part of the required parking within the principal structure(s) (i.e,,
subter-•anean, tuck imdef etc.).
{8) . rovisi,:)^i of facilities fol the storage of recreational vehicles.
(9) Provision in the project's circulation system for the separation of pedestrian, vehicular
and bicycle traffic through the inclusion of bicycle and pedestrian trails that link with
citywide networks.
(10) Project location is adjacent to or within A mile of a public transit facility or route.
66
` Site area is defined as the area equal to the original lot size, less the area occupied by adjacent dedicated streets.
2 Site coverage is defined as that portion of the site area within planned development commercial and industrial projects occupied
by buildings. Site coverage shall not include parking structures, surface parking lots, driveways, plazas, courtyards or sidewalks.
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TABLE 13-58
PLANTED DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PDR -LD
PDR-NID
PDR -HD
PDR-NCbI
PDC PDI
Base Density
5.4
8
13.4
25
13.4
(dwellin, units per acre)
Maximum Density per Section 13-
8
12
20
35
20
59 MAXLNIUM DENSITY
CRITERIA.
(dwelling units per acre)
Density in Mixed Use Projects
The density of the residential component of a mixed use Planned Development shall be calculated
by dividing the total number of dwelling units proposed by that portion of the total site area'
devoted to residential uses, including required parking, landscaping, open space, and driveways to
serve the residential component. The density permitted within the residential component shall be
determined by the criteria established in Section 13-59 MAXIMUM DENSITY CRITERIA.
Maximum Site Coverage2
Not applicable
30% outside the
NOTE: Site coverage of multi-
Downtown
50%
story projects with integrated
Redevelopment
parking structures shall be based
Project Area
upon the usable floor area at the
street or grade level, exclusive of
35% within the
parking areas, driveways, plazas,
Downtown
courtyards or pedestrian
Redevelopment
ways.
Project Area
eter Open Space per Section
20 feet abutting all public right-of-ways (may be reduced in the PDC and PDR -NCM zones
PERLNIETER OPEN
pursuant to Section 13-61 PERIMETER OPEN` SPACE CRITERIA).
r1361
E CRITERIA.
Space
45% of total site area', 42% of total site area', See Perimeter Open Space and
inclusive of Perimeter Open inclusive of Perimeter Open CHAPTER VI PARKING.
Space. See Section 13-60 Space. See Section 13-60
REQUIRED OPEN REQUIRED OPEN SPACE
SPACE CRITERIA FOR CRITERIA FOR PLANNED
PLANNED DEVELOPMENT
DEVELOPMENT RESIDENTIAL.
RESIDENTIAL.
Note: May be reduced by 10%, if 10% of driveway &
parking area consists of decorative paving and current parking
standards are met.
Bluff -top Setback.
No building or structure closer than 10 feet from bluff crest (see Section 13-62(h) ADDITIONAL
DEVELOPMENT STANDARDS).
Maximum Floor A, ea Ratio
Refer to CHAPTER `,% ARTICLE c FLOOR AREA RATIOS.
PARKING (See Chapter VI).
LANDSCAPING (See Chapter V11).
SIGNS (See Chapter VIII),
` Site area is defined as the area equal to the original lot size, less the area occupied by adjacent dedicated streets.
2 Site coverage is defined as that portion of the site area within planned development commercial and industrial projects occupied
by buildings. Site coverage shall not include parking structures, surface parking lots, driveways, plazas, courtyards or sidewalks.
67
68
TABLE 13-58 (CONTINUED)
PLANNED DEVELOPMENT STANDARDS
DEVELOP.INIE\T STANDARD
PDR-LD
I PDR-NUD
I PDR-HD
I PDR-NC-M
PDC
PDI
PROJECTIONS (Maximum de th of projectionsgiven)
Roof or Eaves Overhang; Awning
2 feet 6 inches into required side setback or building separation area,
5 feet into required front or rear setback.
Open, unenclosed stairways.
2 feet 6 inches into required setback area.
Fireplaces
2 feet into required setback or building separation area
ADDITIONAL DEVELOP�7NIENT STANDARDS --
Uses Underroof
All nonresidential uses shall be conducted underroof except as allowed by a minor conditional use
permit, Exceptions include sidewalk sales and parking lot sales which are allowed on the basis of a
maximum of 4 sales per fiscal year with a maximum length of 3 days per sale and subject to
obtaining a business permit.
Outdoor Storage (incidental to
Permitted when: Storage does not interfere with required parking or vehicular access; storage is
main use)
not
in required setback area abutting a public right-of-way; storage does not decrease required
landscaping; storage is completely screened from view from street or adjacent properties; and
storage complies with all applicable codes and regulations including, but not limited to, the Uniform
Fire Code. Storage not meeting these criteria requires approval of a minor conditional use permit.
SMALL LOT RESIDENTIAL PROJECTS
Minimum Lot Size
4,000
Esuaore
Not applicable,square
feetfeet
Minimum Lot Width
40 feet
Minimum Front Setback
5 feet
Erception: If a sidewalk is
provided along the front of
the lot, the garage shall be
setback less than 9 feet or
more than 23 feet from the
face of the street curb.
If a sidewalk is not
provided along the front of
the lot. the garage shall be
either setback 5 feet or
more than 19 feet from the
face of the street curb.
Minimum Side Setback _
0 feet on one side; 10 feet
combination of both sides.
Minimum Rear Setback
5 feet
Required • if garage i,�
Automatic Garage Door Opener
setback 1.,ss than 9 feet
from the face of the street
curb.
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Sec. 13-60. REQUIRED OPEN SPACE CRITERIA FOR PLANNED DEVELOPMENT RESIDENTIAL
(a) The required open space shall be land areas that are not occupied by buildings, structures,
parking areas, driveways, streets or alleys. Landscaped roof areas or decks may not be
calculated as part of the required open space. The open space shall be devoted to
landscaping, preservation of natural features, patios and recreational areas and facilities.
(b) At least 50 percent of the required open space shall be designed for the common use of the
residents of the Planned Development, except for small -lot, single-family development. In
projects consisting of small -lot single-family subdivisions resulting in fewer than 12 units, the
required perimeter landscape buffer required in Table 13-58 shall be the only open space
required to be designed for common use. Additional common open space may be provided in
the interior of such projects if such open space enhances the overall project design. The
remaining required open space shall be equally provided to each dwelling unit. Each dwelling
unit shall be provided with a private open space with no dimension less than 10 feet.
(c) In projects consisting of small -lot, single-family subdivisions resulting in 12 or more units, the
required open space shall consist of the perimeter landscape buffer required in Table 13 58
and a common recreational open space area in the interior of the project to provide
recreational facilities for children.
(d) Common open space may be distributed throughout the Planned Development and need not
be in a single large area.
(e) All or part of the area required may be provided in the common open space for multiple -story
apartments or common interest developments where dwelling units have no ground floor
access, or where for other reasons the City Council finds that the provision of all or part of the
required private open space in the aforementioned manner is impractical or undesirable. In
such cases, each dwelling unit above the first floor shall be provided with patio or deck area
of not less than one 100 square feet. The required area may be provided in one or more
patios or decks. In such cases, each dwelling unit shall be provided with a private patio or
deck with no dimension less than 5 feet.
Sec. 13-61. PERIMETER OPEN SPACE CRITERIA
This area shall be kept free of buildings and structures and permanently maintained in landscaping. If
the design of this buffer area enhances the overall development plan and is readily accessible to the
residents of the planned development, it may be included as partial fulfillment of the common open
space requirements listed in Section 13-60 REQUIRED OPEN SPACE CRITERIA FOR PLANNED
DEVELOPMENT RESIDENTIAL.
Exceptions:
(a) In Planned Development Commercial and Planned Development Residential -North Costa Mesa
districts, the required perimeter open space may include, in addition to landscaping,
archite turat features (Such as arcade-, awnings, and canopies) and hardscape fee,,ires (such
as paving, patios, planters, and street furniture) if the City Council determines that:
( 1) These other features provide usable, visually interesting pedestrian amenities and
facilitate pedestrian circulation;
(2) These additional features enhance the overall urban design concept of the Planned
Development and promote the goals of the General Plan, applicable specific plan,
and/or Redevelopment Plan.
(3) Adequate landscaping is retained to shade the outdoor use areas and to complement
the architecture and the design of buildings and pedestrian areas; and
(4) The design of the perimeter setback area will be compatible with contiguous
development.
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(b) In Planned Development Commercial and Planned Development Residential -North Costa Mesa
districts, buildings may encroach into the required perimeter open space if the City Council
determines that:
(1) An adequate, well defined pedestrian circulation system is provided within the planned
development;
(2) Pedestrian oriented landscaped and/or public use areas (plazas, patios, etc.) are
provided within the planned development;
(3) The reduced open space area will not be detrimental to developments on contiguous —
properties;
(4) The reduced building setback will not deprive the street nor other properties of
necessary light and air; and
(b) These additional features enhance the overall urban design concept of the Planned
Development and promote the goals of the City's General Plan, applicable specific plan
and/or Redevelopment Plan.
Sec. 13-62. ADDITIONAL DEVELOPMENT STANDARDS
(a) Maintenance of common facilities.
(1) A planned development shall be approved subject to the submission of legal
instruments setting forth a plan or manner of permanent care and maintenance of all
common open space, recreational vehicle storage areas, and other facilities provided in
the final development plan. No such instrument shall be acceptable until approved by
the City Attorney as to legal form and effect, and the Planning Division as to suitability
for the proposed use of the common space and subject facilities.
The declaration of covenants shall contain language or provisions substantially as
follows:
a. "The covenants, conditions and restrictions of this declaration shall run to the
City of Costa Mesa insofar as they shall apply to the maintenance of the
"'common areas" as herein defined."
b. "In the event the association or other legally responsible person(s) fail to
maintain the common area in such manner as to cause same to constitute a
public nuisance, the City may, upon proper notice and hearing, institute
summary abatement procedures and impose a lien for the costs of such
abatement upon the common area, individual units or the whole thereof as
provided t,y law,"
(2) The common open space, recreational vehicle storage areas and other facilities
provided may be conveyed to a public agency or private association. If the common
open space, recreational vehicle storage areas or recreational facilities are conveyed to
a private association, the developer shall file as part of the aforementioned
instruments a declaration of covenants and restrictions that will govern the
association. The provisions shall include, but not be Iimited to the following:
a. The private association must be established prior to sale of any unit(s). —
b. Membership must be mandatory for the original buyer and any successive —
buyer.
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C. The private association must be responsible for liability insurance, local taxes
(if any) and the maintenance of common open space, recreational vehicle
storage areas and other facilities.
d. Each member of the association shall be assessed a pro rata share of the costs
incurred by the association.
e. The private association must be able to adjust any assessments to meet
changed needs.
(3) The City Council may also require dedication of development rights or scenic
easements to assure that common open space shall be maintained.
(b) Traffic circulation.
(1) Primary vehicular access points to the planned development shall be designed to
provide smooth traffic flow with controlled turning movements and minimum hazards
to vehicular, pedestrian and bicycle traffic. Minor streets within the planned
development shall not be connected to streets outside the development in such a
manner as to encourage their use by through traffic.
(2) Where appropriate, the internal circulation system shall provide pedestrian and bicycle
paths that are physically separated from vehicular traffic to serve residential,
nonresidential and recreational facilities provided in or adjacent to the planned
development. Where designated bicycle paths or trails exist adjacent to the planned
development, safe, convenient access shall be provided. The City Council may
require, when necessary, pedestrian and/or bicycle overpasses, underpasses or traffic
signalization in the vicinity of schools, playgrounds, parks, shopping areas or other
uses that may generate considerable pedestrian and/or bicycle traffic.
(c) Streets.
(1) The design of public and private streets within a planned development shall reflect the
nature and function of the street. Existing City standards of design and construction
may be modified only as is deemed appropriate by the City Council after
recommendation by the City Engineer, Planning Division, Fire Chief and Police Chief.
Right-of-way, pavement and street widths may only be reduced by the City Council
where it is found that the final master plan for the planned developme% t provides for
the s+.paration of vehicular and pedestrian traffic; that access for public, safety and
service vehicles is not impaired; and that adequate off-street parking has been
provided.
f2) All private streets within a planned development shall be dedicated to the City as
utility easements where the easements are necessary.
(3) All private streets shall be conveyed to a private as.:,ociation where one exists as
established by subsection (a).
(4) If the private association or person(s) owning the private streets in a planned
development should in the future request that any private streets be changed to public
streets, the private association or owner(s) shall agree that before consideration for
acceptance by the City the private association or owner(s) will bear the full costs of
reconstruction of any other action necessary to make the streets conform to the
applicable standards for public streets. The private association or owner(s) shall also
agree that these streets shall be made to conform and be dedicated to public use
without compensation to the private association or owner(s).
(d) Parking.
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(1) Parking shall be provided per CHAPTER VI OFF-STREET PARKING STANDARDS. In
addition, the Planning Commission may determine that storage areas for boats,
trailers, campers and other recreational vehicles shall be required, where the necessity
for such facilities has been demonstrated and where such facilities will preserve the
required off-street parking for the use of automobiles,
(2) parking areas, covered or open, in any planned development shall be screened from
view from any public right-of-way. (Exception: single-family, small lot subdivisions.) —
(e) Development standards for mixed use planned developments.
(1) Nonresidential development in Planned Development Residential districts shall comply —
with the following criteria:
a. Commercial components of Planned Development Residential projects shall
comply with the permitted uses, site coverage and parking requirements of the
Planned Development Commercial district.
b. Commercial development within a planned development shall be located so as w
to be accessible in a manner that does not create traffic congestion or hazards
to any street. Location, off-street parking and loading requirements shall be _
determined as appropriate to the particular planned development.
Consideration shall be given to anticipated pedestrian, bicycle, and vehicular
traffic, adjacent development that may provide multiple use of off-street
parking facilities and the types of commercial use provided. —
Parking areas, service areas, buffers, entrances, exits, yards, courts,
landscaping, graphics and fighting shall be designed as integrated portions of
the total planned development and shall protect the residential character. —
(2) Complementary residential and industrial uses within the Planned Development
Commercial district shall comply with the permitted uses, density or site coverage,
and parking requirements of the Planned Development Residential and Planned
Development Industrial districts.
(3) Complementary commercial and residential uses within the Planned Development
Industrial district shall comply with the permitted uses, site coverage or density, and
parking requirements of the Planned Development Commercial and the Planned
Development Residential districts.
if) Building spacing, setback, yard and building height requirements.
(1) Each planned development shall provide reasonable visual and acoustical privacy for
dwelling units. Fences, insulation, walls, barriers, landscaping and sound reduc.ng
construction tc: hniques �,hall be use=l as appropriate for tVa aesthetic enhancement of
property ani+ t;:e privacy of its occupants, the screening of objectionable vw,.ws or —
uses, and the reduction of noise.
(2) No specific yard, setbacks or building height requirements shall be imposed in the —
planned development district, except as provided in the master plan; provided, that
the spirit and intent of this section and the Planned Development ordinance are met.
The City Council may determine that certain setbacks be required within all or a
portion of a planned development. Specific yard requirements, however, are required
for small -lot developments pursuant to Table 13-58.
(g) Noise attenuation. When, in the opinion of the Planning Division, a proposed Planned
Development may be situated in a noise environment which will adversely affect future
residents, an acoustical analysis shall be required. An acoustical evaluation of the working
drawings of the proposed residential project shall be submitted to the Planning Division by a —
72
licensed acoustical engineer prior to the issuance of building permits. The engineer shall
certify that the construction will reduce residential interior noise levels to 45 CNEL or less and
residential exterior noise levels in common and private open space areas to 65 CNEL or less.
Building occupancy will be granted upon submittal of a field test report from a licensed
acoustical engineer certifying that the above standards have been met. The method of field
testing shall be approved by the Planning Division.
(h) Bluff -top setback. No building or structure shall be constructed closer than 10 feet from a
bluff crest, unless it is determined that the building or structure will not:
f 11 Endanger stability of the slope;
121 Substantially interfere with access for fire protection; and
131 Detract from the identity and integrity of the bluffs.
Sec. 13-63. PHASED PLANNED DEVELOPMENTS
If the sequence of construction of various portions of the master plan is to occur in stages, then the
open space and/or recreational facilities shall be developed in proportion to the number of dwelling
units intended to be developed during any given stage of construction.
73
ARTICLE 7. INSTITUTIONAL AND RECREATIONAL AND INSTITUTIONAL AND RECREATIONAL
SCHOOL DISTRICTS.
Sec. 13-64. PURPOSE
This article is intended to provide development standards for both publicly and privately owned land
which provide recreation, open space, health, public service and educational opportunities.
Sec. 13-65. SPECIAL DISTRICT REQUIREMENTS
(a) Uses incidental to the main function of the development may be permitted upon approval by
the Planning Commission through the adoption or amendment of the master plan.
(b) In the I&R-S zones, site plans shall meet the requirements of all State agencies having
jurisdiction over the design, construction and operation of public and private school facilities.
Sec. 13-66. DEVELOPMENT STANDARDS
Table 13-66 identifies development standards in the institutional and recreational zones. See also
ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional requirements.
TABLE 13-66
DEVELOPMENT STANDARDS FOR I & R AND I & R -S ZONES
DEVELOPME,\T STANDARDS
I & R and I & R -S
Minimum Lot Area
6,000 square feet
Minimum Lot Width
60 feet
Maximum Floor Area Ratio
Refer to Chapter V, Article 8 FLOOR AREA RATIOS.
—
Maximum Building Height
4 stories south of the 1405 Freeway except that special purpose housing (e.g., affordable,
elderly and student housing) may be granted additional building height.
—
SETBACKS FOR MAIN BUILDINGS
AND ACCESSORY BUILDINGS AND STRUCTURES (Aiitumum distances given, unless
other%%ise noted. All setbacks from streets are measured from the ultimate property line sho%n on the Master Plan of Highways.)
Front
20 feet
—
Side or Rear, abutting a. secondary,
20 feet
primary or major street
Side or Rear, abutting all other streets
10 feet
Interior Lot Line :::E-O,,Additional
setbacks may be required by the Planning Commission if deemed necessary
ct adjacentland uses.
PA.R'.if14G (see Chapter 'VI).
LAc. _, APING (,' a Chapter VII).—
SIGNS (See Chapter VIII).
ADDITIONAL DEVELOPIIIENT STANDARDS
Planned Signing Program
Not required
Master Plan
Required
—
Uses conducted underroof
All uses permitted shall be conducted underroof. Exception: Uses which are incidental to and
an integral part of the use conducted underroof may be conducted onsite in the open, pursuant
to the approval of a minor conditional use permit.
—
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ARTICLE 8, FLOOR AREA RATIOS
Sec. 13-67. PURPOSE
The purpose of this article is to define the maximum building intensity for nonresidential
developments.
Sec. 13.68. DEFINITIONS
The following definition shall be used to interpret this portion of the Zoning Code:
Project. A development proposal submitted under a single ownership or control at the time of the
initial plan submittal and approval. A project may be subdivided or developed in phases by
subsequent multiple owners. However, the initial building intensity established by the initial project
approval shall be maintained throughout the development of the entire project.
Sec. 13-69. FLOOR AREA RATIO ESTABLISHED
The project shall not exceed the Floor Area patio (FAR) established in the General Plan for the
applicable land use designation as shown in Table 13-69.
1. For commercial designations, high traffic uses are th:,se whj& generate n!o-,e than 75 dilly trip ends iter I:000 square feet of gross flour
rr:a. F,% ,ALstrial &signsatioijs, hrh'rafftc uses ar. those whicl ieneraie more than 15 dais- :rip ends per 1,000 square feet of grass
floor area.
Z For commercial designations, moderate traffic uses are those which generate between 20 and 75 daily trip ends per 1,000 square feet of
gross floor area. For industrial designations, moderate traffic uses are those which generate between 8 and 15 daily trip ends per 1,000
square feet of gross floor area.
3. For commercial designations, low traffic uses are those which generate between 3 and 20 daily trip ends per 1,000 square feet of gross floor
area. For industrial designations, low traffic uses are those which generate between 3 and 8 daily trip ends per 1,000 square feet of gross
floor area.
4. For commercial and industrial designations, very low traffic uses are those which generate less than 3 daily trip ends per 1,000 square feet
of gross floor area.
5- Maximum FAR standards in the Regional Commercial and Urban Center Commercial designations shall be further Iimited by the maximum
AM peak hour and PM peak hour trip budget as established in the General Plan.
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ARTICLE 9. GENERAL SITE IMPROVEMENT STANDARDS
Sec. 13-70, PURPOSE
The purpose of this article is to identify additional development standards for the various zoning
districts. The following standards shall apply to the construction of new developments and major
alterations, additions or improvements to existing developments which exceed 50 percent of the gross
floor area of the existing improvements on the same site.
Sec. 13-71. UTILITY REQUIREMENTS
(a) For all new construction or as a condition of approval of a new tract, a revised or reactivated
tract or any parcel map, all utilities shall be installed underground on the building site in
accordance with the serving utilities' rules, regulations and tariffs on file with the State Public
Utilities Commission. The Development Services Director may waive the required —
undergrounding whenever it is found and determined that such installation is not practically
feasible due to economic or technological factors found to exist at the site. Provided,
however, that all required termination facilities on the structure and conduit, at least to the
outer wall, at a point designated by the serving utility, shall be furnished and installed to —
facilitate future connection to an underground system.
(b) All utilities such as gas meters, electrical meters, telephone pedestal mounted terminal boxes,
surface mounted electrical transformers, fire hydrants or any other potential obstruction shall
not be located within the approved parking and/or turn radius area unless installed
underground in a vault having an approved traffic lid. All such facilities located aboveground
shall meet with the approval of the Planning Division and serving utility.
(c) Installation of all utility meters shall be performed in a manner so as to obscure the installation
from view from any place on or off the property. The installation shall be in a manner —
acceptable to the public utility and Planning Division.
(d) Sewer and water system improvements shall meet with the approval of the serving utility.
Sec. 13-72. SITE IMPROVEMENT REQUIREMENTS
(a) All abutting public rights-of-way shall be fully improved to the ultimate right-of-way as —
required by the Master Plan of Highways, adopted specific plans, or applicable standards and
codes under the direction of the Public Services Department.
(b) Portland cement concrete driveway approaches shall be installed per City of Costa Mesa
Standard Plans. The size, type and location shall be approved by the Transportation Services
Engineer.
In cases where existing curb cuts will not be used, they shall be replaced with standard curb
and gutter under the direction of the Public Services Department.
(c) Portland cement concrete sidewalks shall be installed per City of Costa Mesa Standard Plans
under the direction of the Public Services Department.
(d) Prior to the issuance of a building permit. the developer shall obtain necessary street work
permits authorizing construction as indicated in subsections (a), (b), and (c).
Sec. 13-73. TRASH ENCLOSURES
(a) Trash enclosures shall be provided under the direction of the Planning Division. In residential
zones, trash enclosures shall be required for residential projects of five or more dwelling units. _
(b) The design of trash enclosure(s) shall conform to City standards on file in the Planning
Division.
76
Sec. 13-74. ELEVATION AND SCREENING REQUIREMENTS
(a) The finished elevations of all buildings, structures, walls and fences shall be approved by the
Planning Division prior to issuance of building permits.
(b) All trash containers and mechanical equipment, such as air conditioning compressors, duct
work, and vents shall be screened from public rights-of-way and adjacent properties.
Sec. 13-75. FENCES AND WALLS
(a) In residential zones, including planned development, except R-1: All interior property lines
shall have solid opaque walls or fences, at least 6 feet in height,
(b) In commercial zones, including planned development: All interior property lines abutting
residentially -zoned property shall have solid masonry walls, at least 6 feet in height.
(c) In industrial zones, including planned development: A solid masonry wall, at least 6 feet in
height shall be constructed along all property lines which abut a residential or commercial
zone.
(d) If a fence or wall is constructed adjacent to a public street, the fence or wall shall be approved
by the Planning Division in terms of its compatibility and harmony with the proposed building
and site development and buildings and site developments existing or approved for the general
neighborhood. No fence or wall located in any street setback shall obscure the required street
setback landscaping in the commercial and industrial zones.
(e) Fences and walls placed between the property line and the required setback line for main
buildings shall conform to the City's Walls, Fences and Landscaping Standards.
(f) Fences and walls located in proximity to street intersections or where a driveway intersects a
sidewalk shall conform to the City's Walls, Fences and Landscaping Standards.
(g) The standards referred to in subsections (e) and (f) shall be adopted by resolution of the City
Council.
(h) It shall be unlawful to construct, install, maintain or allow to exist any barbed wire, razor wire,
concertina ribbon or similar item in any required setback abutting a public right-of-way, In all
other locations, barbed wire, razor wire, concertina ribbon and similar items shall maintain a
minimum vertical clearance of 6 feet B inches from grade.
(i) It shall be unlawful to install, maintain or allow to exist any electrified fence or any glass, nails
or similar items embedded in walls or fences at any location.
(j) In all zones except R-1, chain link fencing is prohib4ed in any required setback abutting a
pubiic right-of-way.
(k) Security gates, in all zones, are subject to review and approval by the Planning Division in
conjunction with the Fire Department and Transportation Division.
Sec. 13-76. RIGHT-OF-WAY DEDICATIONS
1a) Wherever acquisition of private property is deemed necessary for right-of-way improvement
purposes pursuant to the Master Plan of Highways or adopted standards and codes
maintained by the Public Services Department, the owner of the property shall be required to
dedicate or make an irrevocable offer to dedicate the needed right-of-way in accordance with
subsection (b) as a condition of issuance of a building permit or other permit authorizing
expansion of the property's usage, or of approval for recordation of a subdivision map. For
the purposes of this section, "expansion of property usage" means physical increase in
77
structural area, or increase in land use intensity, likely to result in increased traffic generation.
The amount of land to be dedicated shall be that existing between the centerline of the street
or other right-of-way and the ultimate right-of-way established in the Master Plan of
Highways, the Master Plan of Bikeways, an adopted specific or precise plan or an adopted —
street alignment plan.
(b) Dedication shall be required for any project that will significantly increase the projected
number of vehicle trip -ends per day. Allocation of trip -ends shall be based on a schedule of
trip generation factors developed and maintained by the Public Services Department. A
significant increase in the projected number of vehicle trip -ends per day shall be deemed to
occur and dedication shall be required when any of the following circumstances exist: —
(1) Where dedication may be required pursuant to provisions of the State Subdivision Map
Act.
(2) Where the site is presently unimproved, vacant or not occupied and the project is
likely to result in at least 200 trip -ends per day.
(3) Where the existing use(s) on the site generates fewer than 5,000 vehicle trip -ends per
day (24-hour period) and the project is likely to result in an increase of 30 per cent or
more, provided the increase is at least 200 trip -ends per day.
(4) Where the existing uses(s) on the site generates between 5,000 and 15,000 vehicle
trip -ends per day (24-hour period) and the project is likely to result in an increase of 20
per cent or more in the number of vehicle trip -ends per day. —
(5) Where the current use(s) on the site generates more than 15,000 vehicle trip -ends per
day (24-hour period) and the project is likely to result in an increase of 10 per cent or —
more in the number of vehicle trip -ends per day.
(B) Where the above criteria are not met but the Public Services Director and the Planning
Commission or the City Council determines that the project will have a detrimental —
impact on pedestrian or vehicular traffic circulation, because of the nature of the
proposed use, its location, or other circumstances applicable to the project site.
TO Relief. Whole or partial relief from the dedication requirements of this section may be granted
by the Planning Commission or City Council in conjunction with the review of any application
which is subject to dedication. Relief may be granted only in the following circumstances:
(1) When the amount of land needed for right-of-way improvement exceeds 15 per cent
of the existing gross lot area, relief may be granted for that portion in excess of 15 per
cent.
(2) When the decision-making body dr. -termines that the dedication requirement is not
reasonably related to the project, dedication •:iay be waived entirely or in part. —
(3) When the dedication requirement is based on the projected number of trip -ends per
day for a use not listed on the schedule of trip generation factors developed and _
maintained by the Public Services Department, dedication may be waived if an
independent traffic study, paid for by the applicant and prepared pursuant to
procedures established by the Public Services Department, states that the use will
generate less traffic than the threshold needed to require dedication pursuant to —
subsection (b).
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ARTICLE 10. FLOODWAY AND FLOODPLAIN DISTRICTS
Sec. 13-77. PURPOSE
The floodway and floodplain districts and regulations are intended to be applied to those areas of the
City which, under present conditions, are subject to periodic flooding and accompanying hazards. The
objectives of the floodway and floodplain districts include:
(a) Prevention of loss of life and property and minimization of economic loss caused by flood
flows.
(b) Establishment of criteria for land management and land use in floodprone areas that are
consistent with the criteria promulgated by the Federal Insurance Administration for the
purpose of providing flood insurance eligibility for property owners.
_. (c) Prohibition of encroachments, new construction or other improvements or development that
would obstruct or divert the flow of floodwaters within a regulatory floodway.
(d) Regulation and control of use of land below the elevation of the design flood flow within the
remainder of the floodplain.
Sec. 13-78. DEFINITIONS
The following words and phrases shall have the definition and construction set forth in this section as
used in this article, unless otherwise provided:
Area of shallow flooding. A designated AH or AO zone on the flood insurance rate map (FIRM) in
which:
(a) The base flood depths range from one to 3 feet;
(b) A clearly defined channel does not exist; and
(c) The path of flooding is unpredictable and indeterminate.
Area of special flood hazard. The land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year,
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Design flood. That flood against which protection is to be provided by means of land use regulation,
flood protective or flood control works. For the purposes of this article, the design flood shall be at
the 100 -year recurrence interval, corresponding to the base flood as defined above.
Uev___, el_ on ent. Any mar,-coada change to improved or unimproved real estate, including but not limited
to buildings or other structures, grading or paving located within the flood hazard area.
Flood. A general and temporary condition of partial or complete inundation of land areas from the
overflow of inland and tidal waters, and the rapid accumulation of runoff of surface waters from any
source and mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations
of water on or under the ground.
Flood hazard area. An area having flood, mud -slide (i.e., mudflow) and flood -related erosion hazards,
or as shown on a sectional district map, flood insurance rate map (FIRM) or flood boundary and
floodway map.
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Flood insurance rate map (FIRM) and flood boundary and floodway man. The official maps published
by the Federal Insurance Administration on which are delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
Flood insurance study. The "Flood Insurance Study for the City of Costa Mesa, California, Orange
County" (preliminary study dated July 11, 1980) prepared by the Federal Insurance Administration
providing flood profiles, as well as the boundaries and the water surface elevations of the base flood,
including the flood boundary and flood -way map.
Floodplain; The land area adjacent to a watercourse, and other land areas susceptible to being
inundated by water from any source (see definition of "flood").
Flood proofing. Any combination of structural and nonstructural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, and structures and their contents.
Flood protection system. Those physical structural works for which funds have been authorized,
appropriated and expended and which have been constructed specifically to modify flooding in order
to reduce the extent of the area within a community subject to a flood hazard and the extent of the
depth of associated flooding. Such a system typically included channels, storm drains or levees or
dikes. These specialized flood modifying works are those constructed in conformance with sound
engineering standards. —
Flood related erosion. The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining, caused by waves or currents of water exceeding —
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood
or by an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding.
Floodway. The channel of a river or other watercourse and adjacent land areas that must be reserved _
in an open manner, and that can be designated to provide for the discharge of the design flood
without cumulatively increasing the water surface elevation more than one foot. The floodway may
also be that land area necessary for the design flood discharge for an authorized Federal flood control
project.
Floodway fringe. That area between the design flood boundary and the floodway shown on the flood
boundary and floodway map.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area
other than a basement area, is not considered a building's lowest floor, provided that the enclosure is
not built so as to render the structure in violation of the applicable non -elevation design requirements
of this article.
Land use district symbol The applicable designation for the zoning of property, contained in this title.
Regulatory floodwa . The floodway areas designated by the City as FP -1 overlay districts and/or the
flooding areas delineated on the official Federal Insurance Administration flood boundary and floodway T
maps for the City of Costa Mesa.
Structure. Anything constructed or erected requiring a fixed location on the ground or attached to —
something having a fixed location on the ground except business signs and other improvements of a
minor character. For floodplain management purposes, "structure" means a walled and roofed
building, including a gas or liquid storage tank that is principally above ground, and includes a
manufactured home. —
$0
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which
equals to or exceeds 50 percent of the market value of the structure either (a) before the
improvement or repair is started, or (b) if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external dimensions of the structure.
Manufactured home. Any structure that is transportable in one or more sections, built on a permanent
chassis, and designated to be used with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term "manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
Manufactured home park or subdivision. Any lot (or abutting lots) of land divided into 2 or more
manufactured home lots for rent or sale.
Start of construction. The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include the following:
Tat Land preparation, such as clearing, grading and filling;
(b) Installation of streets and/or walkways;
(c) Excavation for a basement, footings, piers, or foundations or the erection of temporary forms;
nor
(d) Installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
Sec. 13-79. APPLICATION
(a) In any base district where the district symbol is followed by, as a part of such symbol, the
parenthetically enclosed symbols (FP -1) or (FP,2), or when the property is included within a
designated flood hazard area shown on the adopted Orange County (countywide) Flood
Insurance Rate Map (FIRM) dated September 15, 1989, or a subsequent FIRM, of flood
boundary and floodway maps as published by the Federal Insurance Administration, the
additional requirements, limitations and standards contained in this article shall apply. The
land use district symbol shall constitute the "base district" and the symbol (FP -1), (FP -2), or
those flood hazard zone designatlons on the flood insurance rate snap as USVt d bei )w, shall
constit;,te thi' "c0riibininr1 district". In the event o' cooffict�ng provisions of 'he combined
district regulations, the requirements of the FP floodplain district shall take precedence over
the requirements of the base district. These regulations are applicable as follows:
(1) Areas shown as (FP -1) on the official land use map and areas shown as a
"floodway" on an adopted flood boundary and flood -way map are subject to the FP
and FP -1 provisions of this article.
(2) Areas shown as (FP -2) on the official land use and district maps and areas shown as
A, A7, A8, All, AO, and AH on any adopted flood insurance rate map are subject to
the FP, FP -2, and floodway fringe area provisions of this article, except that where
there is a conflict with the provisions of (a)(1) above, those provisions are applicable.
(b) Flood hazard areas shall be identified and mapped, based upon:
81
(1) The base flood and criteria set forth by the "Flood Insurance Study for the City of —
Costa Mesa, California, Orange County" (preliminary study dated July 11, 1980). If
the Federal Emergency Management Agency has not provided base flood elevations in
the study, such base flood data shall be obtained from other available sources or
studies meeting with City approval; or,
(2) The design flood as determined from engineering studies reviewed and found
satisfactory by the City as approved by the City Council.
(c) Adoption of flood insurance rate maps and flood boundary and floodway maps as zoning
district maps. The Orange County (countywide) FIRM and flood boundary and floodway maps
prepared in conjunction with the flood insurance rate map as published by the Federal
Insurance Administration are hereby adopted as zoning district maps of the City of Costa
Mesa for purposes of application of the FP floodplain district regulations only.
Sec. 13-80. USES PERMITTED IN THE (FP -1) OVERLAY DISTRICT AND IN FLOODWAY ARI=AS.
(a) The following uses shall be allowed in the (FP -1) overlay district and in floodway areas: —
(1) Flood control channels, levees, spreading basins and grounds, roads, bridges, storm
drains and other flood control facilities and devices where the design has been
approved by the Director of the Environmental Management Agency and the Board of
Supervisors of Orange County or the Public Services Director and the City Council.
(2) General agricultural uses including farming or pastures provided there are no
permanent structures, landfill, storage of materials or equipment or stream alterations
that would result in any diversion or increase in flood levels within the designated
floodway.
(3) Public utility transmission lines and conduits.
(4) Recreation areas, parks, fishing lakes, riding and hiking trails, golf courses, athletic —
fields and similar open space uses not including any permanent structures or
improvements.
(b) The following uses are prohibited in the (FP -1) overlay district and in floodway areas:
(1) Any permanent structures or buildings excepting those necessary for conveyance of
flood and drainage waters and for transit of public utilities and roads. —
(2) Dwelling units.
(3) Landfills, excavations, improvements, developments or encroachments that would
obstruct or create debris -catching obstacles to passage of a design flood, or cause a
cumulative increase in the elevation o't the desi�:,) flood -water pre"ile ai any point, or _
would tend to broaden the floodplain or divert flood flows out of the regulatory
floodway or in any way impair the design flood conveyance capacity of the regulatory
floodway or cause a potential hazard to public safety or property resulting from flood
flows.
(4) Storage or disposal of floatable substances or materials, dangerous chemicals,
explosives, flammable liquids or other toxic materials.
(c) Additional uses.
(1) Additional uses not specifically listed above as either a permitted or prohibited use
may be considered for approval as a conditional use, according to the procedures set
forth in CHAPTER III PLANNING APPLICATIONS. However, no use permit shall be
approved unless the following finding can be made: —
82
The proposed project, alone or in combination with any existing developments,
will not endanger public safety, will not restrict the carrying capacity of the
regulatory floodway, will not increase flood heights and will not increase the
velocity of floodwaters.
(2) Applicants for conditional use permits shall be required to submit studies, plans or
other evidence prepared by a registered professional engineer or architect to support
the required findings necessary for approval of the use permit.
Sec. 13-81. USES PERMITTED IN THE (FP -2) OVERLAY DISTRICT AND IN DESIGNATED FLOODWAY
FRINGE AND SPECIAL FLOOD HAZARD AREAS INDICATED ON THE FLOOD INSURANCE RATE MAP.
(a) Permitted uses.
(1) All permitted uses in the (FP -1) overlay district.
(2) New structures and improvements, including the placement of buildings within the
(FP -2) district and floodway fringe or special flood hazard areas developed in
conformance with the provisions of Section 13-82(d) PROCEDURES AND
DEVELOPMENT STANDARDS through 13-82(f), inclusive.
(b) Prohibited uses.
(1) Landfills, excavations, improvements, developments or encroachments that will
obstruct or create debris -catching obstacles to passage of the design flood, or that
cause a cumulative increase in the elevation of the design flood -water profile more
than one foot at any point, or that will tend to broaden or direct flood flows out of the
natural floodplain, or otherwise cause a potential hazard to public safety or property
resulting from flood flows in the floodway fringe or special flood hazard areas.
(2) Storage of floatable substances or materials.
(3) Storage or disposal of chemicals, explosives, flammable liquids or other toxic materials
in areas or structures that have not been made floodproof.
(c) Conditional uses.
(1) Additional uses not specifically listed above as either a pefmitted or prohibited use
may be considered for approvaf as a conditional use, according to the procedures set
forth in CHAPTER III PLANNING APPLICATIONS. However, no conditional use permit
shall be approved unless the following finding can be made:
a. The proposed project, along or in combination with any existing developments,
will not endanger public safety, will not increase flood heights, and will not
inc,L.ase the vslo(.ity of floodwater
f2) Ar:plicants for conditional {!se pe,,-Tiits shall be required to submit =studies. plans or
other evidence prepared by a registered professional engineer or architect to support
the required findings necessary for approval of the conditional use permit.
Sec. 13-82. PROCEDURES AND DEVELOPMENT STANDARDS FOR FP -1 AND FP -2 OVERLAY
DISTRICTS
1a) Review procedures. The Planning Division shall review projects proposed in areas subject to
the FP district regulations to determine compliance with the provisions of this article. Specific
responsibilities shall include, but not be limited to:
(1) Review of all development permits to determine that the permit requirements of this
article have been satisfied.
1*1
(z) Review the proposed development to assure that all other required State and Federal
permits have been obtained.
(3) Review of all permits to determine that the site is reasonably safe from flooding.
(4) Review of all development permits to determine if the proposed development
adversely affects the flood -carrying capacity of the area of special flood hazard, For
purposes of this article, "adversely affects" means that the cumulative effect of the
proposed development when combined with all other existing and anticipated develop-
ment will increase the water surface elevation of the base flood more than one foot at
any point.
(b) Submittal requirements. All development, subdivision, structure and substantial improvement
proposals shall include submittal of detailed drainage studies and plans drawn to scale
showing the nature, location, dimensions and elevation of the area in question, and all existing
or proposed structures, fill, storage of materials, drainage facilities and their locations.
Specifically, the following information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; in Zone AO, elevation of existing and proposed elevation
of lowest floor of all structures.
(2) Proposed elevation in relation to mean sea level to which any structure will be
floodproofed,
(3) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria contained in
this article.
(4) Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development. The plans, floor height information, and certifications
shall be maintained on file by the Development Services Department for flood
insurance reference purposes.
(c) Alteration or relocation of watercourse. The Planning Division shall notify adjacent
communities and the State Department of Water Resources prior to approval of any project
which would alter or relocate a watercourse having an effect on the flood hazard areas shown
on the flood insurance rote maps and submit evidence of such notification to the appropriate
Federal agency. Any approval action for such project shall require that maintenance is
provided within the altered or relocated portion of a watercourse so that the flood -carrying
capacity of the watercourse is not diminished.
(d) Standards of construction. In all areas of special flood hazards, the following standards are
required:
(1) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage using methods and practices that
minimize flood damage.
(3) New construction and substantial improvement of any structure shall have the lowest
floor, including basement, elevated to or above the base flood elevation.
Nonresidential structures may meet the standards in subsection (d)(5). Upon
completion of the structure, the elevation of the lowest floor including basement shall
be certified by a registered professional engineer or surveyor and provided to the
Development Services Department.
84
(4) New construction and substantial improvement of any structure in Zone AO shall have
the lowest floor, including basement, elevated to or above the depth number
specified on the FIRM. if there is no depth number on the FIRM, the lowest floor,
including basement, shall be elevated at least 2 feet above the highest adjacent grade.
Nonresidential structures may meet the standards in subsection (d)(g). Upon
completion of the structure, a registered professional engineer shall certify that the
elevation of the structure meets this standard and such certification shall be provided
to the Development Services Department.
(5) Nonresidential construction shall either be elevated in conformance with subsections
(d)(3) or (d)(4) or, together with attendant utility and sanitary facilities:
a. Be floodproofed so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of flood water.
b. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects on buoyancy; and
C. Be certified by a registered professional engineer or architect that the
standards of this subsection are satisfied. The certifications shall be provided
to the Development Services Department.
(61 For all new construction and substantial improvements, fully enclosed areas below the
lowest floor that are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following
minimum criteria:
a. A minimum of 2 openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be
provided.
b. The bottom of all openings shall be no higher than one foot above grade.
C. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
d. Within Zones AH and AO; adequate drainage paths around struc;ture.s on
slopes to guide floodwaters around and away from proposed structures are
required.
(e) Standards for utilities.
(1) All new and replacement water supply and sanitary sewage systems shall be
designed to m;nimize or eliminate infiltration of floodwaters into the system and
cfischyrge frem s;stem- into floc,rlwaters.
(2) Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities shall be designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
85
(fj Standards for subdivisions. —
(1) All preliminary subdivision proposals shall identify the flood hazard area and the
elevation of the base flood.
(2) All final subdivision plans will provide the elevation of proposed structure(s) and pads.
If the site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and such certification shall be provided to
the Development Services Department.
(3) All subdivision proposals shall be consistent with the need to minimize flood damage.
(4) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
(5) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
(g) Construction standards for manufactured homes and manufactured home parks and
subdivisions.
{1) All manufactured homes and additions to manufactured homes shall be anchored to
resist flotation, collapse, or lateral movement.
{2} For newly placed manufactured homes, new manufactured home parks or
subdivisions, expansions to existing manufactured home parks or subdivisions, and
repair, reconstruction, or improvements to existing manufactured home parks or
subdivisions that equal 50 percent or greater of the value of the streets, utilities, and _
pads, (before the repair, reconstruction, or improvements commenced), the following
standards shall apply:
a. Adequate surface drainage and access for a hauler shall be provided
b. All manufactured homes shall be placed on pads or lots elevated on
compacted fill or on pilings so that the lowest floor of the manufactured home
is at or above the base flood level. If elevated on pilings, the following
standards shall also apply:
i. The lots or pads shall be large enough to accommodate steps;
ii. The pilings shall be placed in stable soil no more than 10 feet apart;
and
Reinforcement shall be provided for pilings more than 6 feet above
ground level,
(3) Written certification of compliance with the standards contained in this section shall
be provided by the installer of the manufactured home, the developer of the
manufactured home park of subdivision, or the State agency responsible for regulating
placement. The certification shall be maintained on file by the Development Services
Department for flood insurance purposes.
(4) No manufactured home shall be placed in a floodway or the FP -I District.
(h) Findings.
(1) Application for a permit may be denied where the Planning Division is unable to find
that:
86
a. The development will not produce a significant risk to human life in the event
of the design flood;
b. The development is designed and sited so as to offer minimal obstruction to
the flow of floodwater; and
C. The development will not create a potential hazard or otherwise adversely
affect property because of diversions, increased heights or velocities of
floodwaters or because of increased debris or otherwise adversely affect the
safety, use or stability of any public way, drainage channel or adjacent
property during a flood condition.
(2) Applicants for permits as provided for in this article shall be required to submit studies,
plans or other evidence prepared by a registered professional engineer or architect to
support the required findings necessary for approval of the permit.
Sec. 13-83. EXCEPTIONS TO DESIGNATED FLOOD HAZARD AREA
The Planning Division may determine that certain properties within a floodplain district are not required
to comply with the provisions of this article, "floodplain" district, when it can be shown that any of
the following circumstances or conditions are present:
(a) The zoning map includes property within an FP district that is found not to be within a
floodplain area due to incorrect preparation of the zoning map or to physical alteration or
surrounding property which effectively removed the subject property from the floodplain area.
The Director's determination shall be based on a study of topographic and design flood
elevation contours on the subject property, and on such additional information as is found
necessary or appropriate.
(b) Flood protective or flood control work, adequate to protect against the design flood and in
compliance with County flood control and flood protective standards and policies, has been
completed. The Director's finding shall confirm that any stream, channel, storm drain or landfill
improvements fully offset flood surface elevations established by the applicable floodplain
map; and that if the property is included on a flood insurance rate map or a flood boundary
and floodway map, all such flood protective or flood con,rol work has been approved by the
appropriate Federal agency and the property removed from the floodp+ain designation on such
maps
87
CHAPTER VI. OFF-STREET PARKING STANDARDS
ARTICLE 1. RESIDENTIAL DISTRICTS
Sec. 13-84. PURPOSE
The purpose of this article is to establish parking requirements for the residential zones. The
provisions of this article shall apply to the R1, R2 -MD, R2 -HD and R3 zones, and to the residential
portions of the Planned Development and Institutional and Recreational zones.
Sec. 13-85. PARKING REQUIRED
At the time of the construction of any building and/or structure or at the time any such building or
structure is enlarged or increased by adding bedrooms, the following minimum off-street parking
spaces shall be provided. The parking spaces shall provide safe and adequate ingress and egress and
shall be maintained in connection with the building or structure and use of land.
(a) R1 zone. Each residence shall provide off-street parking in the form of a garage or garages
which shall be a minimum of 20 feet in length and 20 feet in width, unobstructed inside
measurements. As an alternative, the garage can be comprised of 2 areas that have interior
dimensions that are 10 feet wide by 20 feet long, unobstructed inside measurements. Each
residence shall have no more than 700 square feet of garage area unless authorized by a
minor conditional use permit. _
(b) R2 -MD, R2 -HD, R3, PDR -LD, PDR -MD, PDR -HD, PDR -NCM and residential components of
developments in the PDC and PDI zones. Required parking shall be per Table 13-85 , except
that detached dwelling units on individual lots in the PDR -LD, PDR -MD, PDR -HD, and PDR -
NCM zones served by a public or private street with a roadway width (distance measured
between opposite curb faces) of 36 feet or more, shall provide parking according to
subsection (a).
(c) Reduction of required parking. No owner or manager shall lease, rent, sell, or otherwise make —
unavailable to residents and guests the parking required by this subsection. Furthermore, the
rental of a dwelling unit shall be deemed to include the exclusive use of one covered parking
space and equal access to the required open spaces reserved for residents.
(d) Parking for accessory apartments and granny units. Accessory apartments and granny units
as provided for elsewhere in this Zoning Code shall be provided with at least 2 on-site parking
spaces in addition to parking required for the existing single-family residence. The parking
need not be covered. City of Costa Mesa Parking Standards shall apply. --
Sec. 13-86. USE OF YARD AREAS FOR PARKING OR STORAGE OF MOTOR VEHICLES, CAMP
TRAILERS, CAMPERS, TRAILERS AND BOATS
(a) No person who owns or is in possession of any lot in a residential zone shall permit the
parking or storage of any motor vehicle (as defined in State Vehicle Code Section 415),
whether operable or not, or of any camp trailer, camper, or trailer (as defined in State Vehicle
Code Sections 242, 243, and 630, respectively), or of any camper shell or boat, in any yard y
area visible froin a public street.
1b) Exceptions
0i Such vehicle parking and storage may be allowed on a paved driveway connecting a
garage or carport with a public street.
(2) Such vehicle parking and storage may be allowed as long as the parked or stored items
are screened from each public street abutting the lot by opaque fencing, 6 feet in height,
in accordance with applicable development standards.
Sec. 13-87. GENERAL DEVELOPMENT STANDARDS
General development standards for parking areas applicable to the residential zones are contained in
ARTICLE 3 DEVELOPMENT STANDARDS of this chapter.
s8
Table 13-85
RESIDEN71AL PARKING STANDARDS
TENANT COVERED TENANT OPEN
Ul\TT SIZE PARKING' PARKING "M GUEST PARKING S•'
BACHELOR I 0 .5
1 BEDROOM 1 5 5
2 BEDROOMS 1 1 .5
3 OR MORE BEDROOMS I 1.5 .5
(1) If covered parking for apartments is provided in a parking structure and there is more
than one parking space in any parking structure, then there shall be no solid walls
constructed to separate individual parking spaces.
(2) Open parking spaces required by this section shall be distributed throughout the project at
convenient locations and shall be screened from view from any public right-of-way.
(3) For projects on individual lots, individual driveways of at least 19 feet in length leading to
two -car garages shall each account for no more than one (1) of the required tenant open
parking spaces. The garages shall be furnished with automatic garage door openers and
roll up doors as appropriate under the direction of the Planning Division.
(4) Open parking can be reduced by .25 space per unit for one bedroom and larger units if
the covered parking is provided within either a carport or a parking structure. For
purposes of this section, a parking structure shall be defined as: a structure designed and
constructed to provide covered automobile parking where parking spaces are located in a
common area with no walls or other physical separations between spaces. Open parking
requirements may be met by excess covered parking.
(5) Guest parking shalt be clearly marked and permanently maintained for individuals visiting
within the development, Guest parking spaces shall'not be allowed on individual
driveways.
(5)
Guest parking may be reduced to .25 space per unit for each unit above 50 in a large
residential development.
Fractions equal to or above one-half (0.5) shall be rounded up. For rounding purposes,
the tenant parking requirements shall be added together; guest parking shall be rounded
up .separately.
89
ARTICLE 2. NONRESIDENTIAL DISTRICTS
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
90
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as noted _otheiM*)
-
Retail; Offices; Central Administrative Offices:
4 spaces per 1,000 square feet with a minimum of 6 spaces
Establishments Where Food or Beverages are Served with no
i more than 300 sq. ft. of Public Area'
j Office Buildings exceeding two stories in height and 100.000
3 spaces per 1,000 square feet
square feet in area
I
Banks: Savings and Loans; Credit unions 15
spaces per 1,000 square feet with a minimum of 6 spaces
�
Medical and Dental offices: Acupressure: Massage
I
6 spaces per 1.000 square feet with a minimum of 6 spaces
I Furniture and Appliance Stores with floor area greater than
'_ spaces per 1,000 square feet with a minimum of 20 spaces
=.000 square feet
Churches: Theaters: Mortuaries: Auditoriums: Services and
Within the main auditorium or assembly area: l space for each 3 fixed seats or
Fraternal Clubs and Lodges: Amphitheaters and other similar I
1 space for ever! 35 square feet of seating area if there are no fixed seats. 18
places of assembly I
lineal inches of bench shall be considered equal to one fixed seat.
Racquetball and Tennis Facilities 13
spaces per court plus parking required for incidental uses such as restaurants
•Nhich shall be calculated as :toted below.
Establishments Where Food or Beverages are Served with ! 10 spaces per 1.000 sq. ft. -or :he tirst 3.000 sq. ft. M spaces per ..)00 sq. ft.
:pore :han 300 square feet of Public area for each additional 1.000 sq. ft. above he first 3.000 sq. ft. =
Health Clubs: Spas: Figure Salons: Skating Rinks: Massage ! 10 spaces per i.000 square `e :
?ariers: Game Arcades
3awiing Allevs 3 spaces per lane pius park:ng required for incidental uses such as restaurants
which shail be calculated as noted under 'Establishments `'here =god or
Beverases are Served'.
Trade Schools: Business Colleges: Dancing and Music 10 spaces per 1.000 square 'ee:
academies
Motels I space for each rentable unt xtthout cooking facilities. Each :eatable '.unit
j with cooking facilities shail be governed by residential parking itanrlards.
Hotels I space for each cvo rentable units plus :0 spaces per 1,000 sq, :i. for the first
3.000 sq ft., and _0 spaces per L000 sq. ft. for each additional ;.,i00 sq. ft.
above the first 3.OW sq. ft. for restaurant. banquet, meeting room and kitchen
spaces. i
Establishments with Live Entertainment, i.e. go-go dancers.
i
I parking space for each person for the first 100 persons as authorized by I
topless dancers, bikini dancers
capacity signs posted by the fire department: I parking space for each 2
persons for every 101 to 300 persons as authorized by capacity signs posted: 1
parkin ;nace fou -ach 3 persofis for tvef°. 301 plus perso:"s as authorized by
capat: 1 ry signs posted by the fire depeimnent.
' 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.
- Where the boundaries of an outdoor seating area can be readily established, the outdoor seating area shall be added to the gross floor area of the
building for purposes of determining the required parking. Where the boundaries for an outdoor seating area cannot be readily established. parking for
the outdoor seating area shall be provided at a ratio of one space per table.
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 tate shall be
applicable to uses that have substantially maximized the building's occupancy due to design and provision of concentrated uses.
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TABLE 13-89
NONRESIDENTIAL PARKING STANDARDS
USE
PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
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
I space per 1,000 square feet of gross leasable area
occupying 5% or less of the total contiguous gross
leasable area
------------------------------
--------------------------------------
Establislrmenis where food or beverages or served
5 spaces per 1,000 square feet of gross leasable area
in excess of 5% of the total contiguous gross
leasable area
------------------------------
Office Space occupying 10% or less of the total
--------------------------------------
None
contiguous gross leasable area
-------------------------
--------------------------------------
Office Space in excess of 10% of the total
4 spaces per 1,000 square feet of gross leasable area with a minimum of 6
---- contiguous gross leasable area
---------------------------------------------------
spaces
Theaters (cumulative)
750 seats and less
5 spaces per 1,000 square feet of gross leasable area
more than 750 seats
5 spaces per 1,000 square feet of gross leasable area plus 3 spaces for each
-------------------
additional 100 seats
--------------------------------------
Uses within free-standing structures
---- — Establishments %%-here food or beverages are served
10 spaces per 1.000 square feet of gross leasable area
------------------------------------
All others
Pursuant to this table
mixed Use Developments
When there are mixed uses within a single development which share the same
parking facilities, the total requirement for parking shall 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.
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 aid 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.
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ARTICLE 3. DEVELOPMENT STANDARDS
Sec. 13-92. PURPOSE
The purpose of this article is to ensure that adequate area is allocated for the consistent
development of parking and loading areas.
Sec. 13-93. GENERAL STANDARDS
All parking areas shall be constructed in accordance with the following standards:
(a) Driveway width.
(1) In residential projects, driveways providing access to one dwelling unit shall be at
least 10 feet wide. Driveways providing access to 2 or more dwelling units shall be
at least 16 feet wide. Driveways providing straight -in access from a public street to
a garage shall be at least 19 feet long (as measured from the property line) except
in the planned development zones (see CHAPTER V, ARTICLE 6 PLANNED
DEVELOPMENT).
(2) In commercial, industrial and institutional projects, all two-way driveways shall be at
least 20 feet wide, and all one-way driveways shall be at least 14 feet wide.
(3) For all projects, shared driveway access between adjoining properties is subject to
approval of a minor conditional use permit.
(b) Garage door widths. In residential developments with garages, the width of the garage
doors shall be 8 feet for single doors and 16 feet for double doors.
(c) Landscaping. For all projects landscaping shall be developed pursuant to CHAPTER VIE
LANDSCAPING STANDARDS.
(d) Lighting. All required parking areas and driveways shall be illuminated under the direction
of the Planning Division. Lights used to illuminate parking areas shall be directed away from
any adjoining premises located in any residential zone under the direction of the Planning
Division.
(e) Prohibited parking. In residential zones, no parking shall be permitted in any required
setback areas abutting a public street except in a driveway serving the garage of only one
dwelling unit.
(f) Screening. In residential zones, except for single-family detached homes, parking visible
from a public street shall be screened in a manner acceptable to the Planning Division.
(g) Marking. Excep for single-family detached home- , every parking space shall he clearly
market and sig .h mark;ng shaP be maintained in a visible and legible manner.
(h) Wheel stops. The Planning Division may require that parking be designed to overhang
landscaped areas by up to 2 feet or that concrete wheel stops be installed. Any broken or
damaged wheel stop shall be replaced.
(i) Paving. Off-street parking areas and driveways shall be paved with asphaltic or concrete
surfacing, unless approved otherwise by the Development Services Department. The
parking and driveways shall be graded and drained to dispose of all surface water to a
public right-of-way or storm drain under the direction of the City Engineer. In residential
zones, the paving under required covered parking spaces shall be Portland cement concrete.
G) Parking spaces and back-up aisles. Parking spaces and back-up aisles shall conform to
"City of Costa Mesa Parking Design Standards" which are included herein by this reference
93
and which may be amended from time to time by resolution of the City Council, unless an ~'
alternative plan is approved by the Planning Division.
(k) Ramp slopes. Ramp slopes shall conform to "City of Costa Mesa Ramp Slope Standards"
which are included herein by this reference and which may be amended from time to time —
by resolution of the City Council.
!1} Diagonal or perpendicular parking stalls. When diagonal or perpendicular parking stalls are
provided only on one side of a driveway, the opposite side shall be clearly posted "NO
PARKING, TOW AWAY ZONE. -
1m) Location of parking spaces. Except in common interest developments, all required off-street
parking spaces shall be located on the same lot as the use for which it is required except
that such required spaces may be permitted at other locations when and as authorized by a
conditional use permit. ,..
Int Vehicular circulation. Parking areas shall provide internal circulation or sufficient designated
turnaround space pursuant to the "City of Costa Mesa Parking Design Standards".
Sec. 13-94. SMALL CAR PARKING
(a) For residential projects with more than 15 unassigned parking spaces, 40 percent of all
unassigned spaces may be small car spaces. Unassigned parking spaces shall include all
guest spaces in condominium developments and all parking spaces in excess of one covered
space per dwelling unit in apartment developments. Additional parking may be designated
as "unassigned" pursuant to the approval of a minor conditional use permit. r
(b} For commercial projects with more than 15 spaces, 25 percent of required parking may be
smal= car spaces. Where parking is clearly designed to serve long-term, repeat parkers (e.g.
employees), small car parking may be allowed up to a maximum of 40 percent pursuant to
the approval of a minor conditional use permit.
10 For industrial projects with more than 15 spaces, 40 percent of required parking may be —
small car spaces.
Id) In all zones, the small car spaces shall comply with City of Costa Mesa standards and shall
be clearly marked "SMALL CAR ONLY" or "COMPACT" under the direction of the Planning
Division. All parking in excess of City requirements may be small car spaces. The
distribution, location, and marking of small car spaces shall be subject to the approval of
the Planning Division.
Sec. 13-95. ACCESSIBLE PARKING FOR HANDICAPPED PERSONS
Accessible parking for handicapped persons shall be provided as required by Title 24 of the State
Administrative Code, In administering the Code requirements, fractions equal to or above 0.5 shall
be rounded up to the next Whole number. —
Sec. 13-96. PARKING SPACES PERMANENTLY AVAILABLE FOR AUTOMOBILE PARKING
In commercial or industrial projects, all parking spaces as provided for by this chapter shall be made
permanently available for automobile parking for employees working at the premises, customers
and guests having lawful reason to be at the premises for which such parking is required. It shall _
be unlawful for any owner, lessee, tenant or any person having control of the operation of any
premises for which parking is required by this chapter to prevent, prohibit or restrict authorized
persons from using parking provided for such persons under the provisions of this chapter, except
that parking fees may be charged and valet parking may be offered when and as authorized by a
conditional use permit. —
Sec. 13-97. EXCESSIVE PARKING SPACES
94
Where it can be shown that the required parking will substantially exceed the demand of the actual
use, the Zoning Administrator may, by minor conditional use permit, allow or require such excess
parking to be provided as landscaping, subject to suitable conditions.
Sec. 13-98. DECLARATION OF LAND USE RESTRICTION
The Planning Division may require that a declaration of Land Use Restriction be recorded to ensure
that future property owners are informed of use restrictions resulting from the number of parking
spaces provided.
Sec. 13-99. VEHICLE STANDING, LOADING AND UNLOADING
In commercial or industrial projects:
(a) Vehicle standing, loading and unloading shall be conducted so as not to interfere with
normal use of streets, sidewalks, driveways and on-site parking.
(b) Vehicle loading areas may be provided under the direction of the Planning Division. No
loading area shall encroach into a required building setback along a public right-of-way. All
loading areas or loading docks shall be screened from public view under the direction of the
Planning Division.
Sec. 13-100. TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS
Commercial, industrial and/or mixed use projects, which are estimated to employ 100 or more
persons, may also be subject to CHAPTER IX SPECIAL LAND USE REGULATIONS, ARTICLE 12
TRANSPORTATION DEMAND MANAGEMENT.
95
CHAPTER VII. LANDSCAPING STANDARDS
Sec. 13-101. PURPOSE
(a) The intent of this chapter is to achieve the following: —
(1) Offer as much latitude as possible when designing required landscaping.
(2) Address water conservation measures through the landscape and irrigation design. —
(3) Encourage sustainable landscapes through actions that conserve, recycle and reuse
the resources which are invested in landscapes. —
(4) Encourage landscape design which deters graffiti on walls.
(5) Encourage applicants to take full advantage of the wide range of drought tolerant
landscape materials and low water flow irrigation systems available within the
framework established by this chapter.
(b) The provisions of this chapter do not apply to the R-1 zoning district.
Sec. 13-102. DEFINITIONS
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning.
Compost. Biologically decomposed organic material which includes grass clippings, leaves and other
garden debris and which may also contain vegetable and fruit refuse.
Drought tolerant plant material. Those plants that tolerate heavy clay to sandy soils with use of
limited supplemental water. The plants are able to thrive with deep, infrequent watering once their
root systems are established (3-12 month average time period). Plants include those that naturally
grow in areas of limited natural water supply (native and non-native plant species) and are adaptable
to weather and soil conditions prevalent in Costa Mesa.
Low water flow irrigation. A system of watering plant material using drip/trickle, reduced water —
emitting devices, low precipitation heads, soaker lines, or other similar mechanisms, which restricts
the amount of water in gallons per minute to allow for deep percolation into the soil. The low water
flow irrigation system, combined with watering practices outlined in this chapter, will reduce water
loss through evaporation, wind drift and overwatering. —
Mulch. Shredded or chipped wood from tree branches and trunks and from uncontaminated wood
products or lumber; this material is often mixed with leaves and grass clippings for optimal effect. —
Sec. 13-103. GENERAL PROVISIONS
(a) Landscape and irrigation plans shall be required for all projects requiring discretionary approval
and for all City -initiated projects. In the planned development and Town Center zones, the
plans shall be prepared under the direction of a licensed landscape architect. The plans shall
be submitted for approval to the Planning Division prior to the issuance of any building permits
and shall be prepared in accordance with requirements and standards maintained in the
Planning Division. All unpaved areas shall be planted with an effective combination of trees,
groundcover, lawn, shrubbery and/or approved dry landscape materials. —
The plan shall include, but shall not be limited to type, size, quanity and location of all plants
and trees, type of groundcover, sprinklers, all walls, fences, or barriers, trash enclosures,
driveways, parking lot and security lighting, and type, location and assignment of street
addresses on property.
96
(b) When the provisions of this chapter conflict with other sections of the Municipal Code, the
more stringent shall apply.
;c) Any modification to an approved landscape or irrigation plan must be approved by the
Planning Division prior to installation of the landscaping or irrigation system,
(d) All plan approvals are subject to and dependent upon the applicant complying with all
applicable ordinances, codes, regulations, adopted policies and the payment of all applicable
fees and assessments.
(e) No final inspection or occupancy clearance will be granted until all of the landscaping and
irrigation is installed in accordance with the approved plans.
If) Landscaping and irrigation systems shall be located, designed and maintained as specified on
the approved plans.
(g) Landscaping which is a part of a registered historical site, park, or golf course facility, as well
as landscaping and irrigation systems for cemeteries may be exempted from the provisions of
this chapter, when deemed necessary and appropriate by the Planning Division.
Sec. 13-104. LANDSCAPE PLAN OBJECTIVES
fa) Each landscape plan shall be compatible with the shape and topography of the site and the
architectural characteristics of the structure(s) on the site. Each landscape plan shall be
compatible with the character of adjacent landscaping, provided the quality of the adjacent
landscaping meets the standard of these guidelines. However, it is not the intent of this
_ section to require the use of identical plant materials or landscape designs. Where existing
mature landscaping is in good, healthful condition, an effort shall be made to retain and to
incorporate that landscaping into the overall landscape theme.
(b) Each landscape plan shall illustrate a concern for design elements such as balance, scale,
texture, form and unity.
Ic) Each landscape plan shall address the functional aspects of landscaping such as grading,
drainage, minimal runoff, erosion prevention, wind barriers, provisions for shade and reduction
of glare. Each landscape plan shall demonstrate a concern for solar access, including
exposure and shading of window areas.
(d) Landscaping shall be used to relieve solid, unbroken elevations, soften continuous wall
expanses and deter graffiti.
(e) Landscaping may be required to screen storage areas, trash enclosures, parking areas, public
utilities, freeways, highways and other similar land uses or elements which do not contribute
to the enhancement of the surrounding area. Wh( e plants <ire reytuired for screening, such
-�enina shall ^onsist of tho used of uveicj-yen shrubs rminimum 5 g,-.gons), vines andlor trees
closely ,paced,
Sec. 13-105. LANDSCAPING REQUIREMENTS
(a) All required setbacks abutting a public right-of-way shall be landscaped (except for walks and
driveways which provide access from a public right-of-way).
(b) Except in residential and institutional and recreational zones, parking areas shall be landscaped
pursuant to the following standards:
97
(1) Commercial Zones, including planned development commercial: 25 square feet of
landscaping shall be provided for each parking space provided other than spaces
within a parking structure.
a. Exception: In the TC district, all parking areas not within parking structures
shall be provided irrigated landscaping at the rate of 15 square feet per parking
space. Included in the required landscaping shall be one tree for every 10
spaces.
(2) Industrial Zones including planned development industrial: 15 square feet of
landscaping shall be provided for each parking space provided other than spaces
within a parking structure.
(3) All Zones: The landscaping shall be distributed throughout the parking area and shall _
be in addition to the required street setback landscaping. In lieu of the required square
footage of landscaping per space, parking structures shall be developed with perimeter
landscaping under the direction of the Planning Division.
(c) Perimeter landscaping adjacent to the property lines is encouraged in parking areas. Planter
area curbs may be used in place of wheel stops.
1d) All landscaping shall be separated from parking and vehicular circulation areas by a raised,
continuous 6 -inch Portland cement concrete curb. Other materials which accomplish the
same purpose may be approved by the Planning Division.
(e) The Planning Division may require landscaping in excess of the minimum area specified for a
proposed development, provided the additional landscaping is necessary to:
[1 } Screen adjacent uses from parking area, activities, storage or structures that could
cause a negative impact on adjacent uses based on aesthetics, noise, odors, etc.; or
(2) Provide landscaping that is compatible with neighboring uses. `
(3) Provide landscaping (shrub or vine) to deter placement of graffiti on walls.
(f) Landscaping located in proximity to street intersections or where a driveway intersects a
sidewalk shall conform to the City standards of the which are established by resolution of the
City Council.
(g) It shall be unlawful to plant, maintain, or allow to exist any thorn -bearing plant material +
contiguous to any public right-of-way. ,
Sec. 13-106. REQUIRED LANDSCAPING MATERIALS
(a) All required lands;;aped areas, including landscaped areas within parking lots, shalt consist of _
drought tolerant plant material and shall meet the following minimum requirements:
(1) One (minimum 15 gallon) tree shall be provided for every 200 square feet of
landscaped area. 20 per cent of the required trees shall be 24 -inch box minimum. r`
The number of required trees may be reduced by the Planning Division when it is
determined that an alternative design will meet the intent of Section 13-104
LANDSCAPE PLAN OBJECTIVES. All trees shall be staked in accordance with
standards maintained by the Community Services Department.
(2) One shrub shall be provided for every 25 square feet of open space. 50 per cent of
the required shrubs shall be a minimum of 5 gallons. The number of required shrubs
may be reduced by the Planning Division when it is determined that an alternative
design will meet the intent of Section 13-104 LANDSCAPE PLAN OBJECTIVES.
98
(3) At least 50 percent of all landscaped areas containing trees and shrubs shall be
underplanted with ground -cover, with the remaining areas to incorporate a minimum 2
inch layer of compost or mulch. Groundcover shall be approved by the Planning
Division.
(4) Turf incorporated into the landscape design shall not constitute more than 50 percent
of the total landscaping area. The turf shall be of a drought tolerant variety.
(b) Street trees located within the parkway and/or front setback shall meet with the approval of
the Community Services Department.
(c) The plant material selected shall be suitable for the given soil and climate conditions. Plant
— selection shall take into consideration water conservation through appropriate use and
groupings of plants that are well adapted to particular sites and to particular watering needs,
climatic, geological or topographical conditions.
'+ (d) Materials such as crushed rock, redwood chips, pebbles and stone are not satisfactory
substitutes for live plant materials although their limited use may be approved by the Planning
Division. Mulch or compost may be used to fulfill part of the groundcover requirement as
noted in Section 13-106(a)(3) REQUIRED LANDSCAPING MATERIALS. Artificial plants are
not acceptable.
(e) Compost and/or mulch used as a groundcover shall maintain a consistent 2 inch minimum
Y layer and provide complete coverage under shrubs.
Sec. 13.107. IRRIGATION REQUIREMENTS
~ (a) All landscaped areas shall be provided with an approved irrigation system. Landscaped areas
shall be provided with an automatically time -controlled sprinkler system when the site is zoned
commercial or industrial, or when the site is zoned residential and permits more than 3
dwelling units.
(b) Irrigation system shall consist of underground piped water lines with low water flow sprinklers
and/or a drip or trickle irrigation system. The system chosen shall be designed to provide
adequate coverage to all plant material, existing and proposed. Water meter and line sizes
shall be calculated from total water demand, which should be, at least, the sum of the
maximum irrigation demand and all building demand. Due to varying irrigation requirements,
` separa?.e control valves and/or sprinkler/emitter heads shall be used when shrubs and turf all
appear on the same landscape plan. The irrigation system shall be designed so that overspray
and runoff onto streets, sidewalks, windows, walls and fences is minimized. Landscaped
areas should be watered between 6:00 a.m, and 10:00 a.m, to provide maximum benefit to
the plant material and to reduce unnecessary water loss through drift and evaporation.
(c) Irrigation systems for projects one acre or more in area shall use reclaimed water whenever
such water is available to the site. The systems shall be subject to appropriate health
standards. Recirculating water shell be used for any decorative water features.
Set;. 13-108, LANDSCAPE MAINTENANCE
— Landscaping shall be maintained in an orderly and healthy condition. This shall include proper pruning,
mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and
application of appropriate quantities or water to all landscaped areas. In addition, landscape
maintenance practices which foster long-term landscape water conservation shall be employed. The
practices may include, but not be limited to, performing routine irrigation system repair and
adjustments, scheduling irrigation based on the California Irrigation Management Information System,
use of moisture -sensing or rain shut-off devices, conducting water audits and prescribing the amount
of water applied per landscaped acre.
99
CHAPTER VIII. SIGNS
ARTICLE 1. PURPOSE AND SCOPE
Sec. 13-109. PURPOSE AND INTENT
The purpose of this chapter is to regulate the type, size and placement of signs on properties in the
city in such a way as to balance the identification and communication needs of businesses with traffic
safety and the needs of the citizens for a pleasant, uncluttered environment in which to live, work and
play. It is the intent of this chapter to implement the goals of the General Plan to create and maintain
an aesthetically pleasing and functional environment and to create an environment where business
can succeed while being in harmony with other City goals.
Sec. 13-110. SCOPE
The scope of this chapter is limited to the physical regulation of on-site and off-site signs. This
chapter does not limit the informational contents of a sign, nor does it limit the use of signs not visible
from off site. This chapter does not regulate product displays, flags of any nation or of the State of
California, governmental signs, or any display or construction not defined herein as a sign.
100
ARTICLE 2. GENERAL PROVISIONS
Sec. 13-111. DEFINITIONS
As used in this chapter, the following terms shall have the meanings set forth below;
Advertising statuary. An imitation, representation or similitude of a person or thing which is
sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used for
commercial purposes.
Area (of sign). The area included within the outer dimensions of a sign. The area of multiple face
signs and advertising statuary shall mean one-half the total surface area. In the case of "skeleton
letters" or other signs placed on a wall without any border, the area shall be the sum of the areas of
each letter or figure. The area of each letter or figure shall be computed by enclosing the letter or
figure within sets of parallel lines.
Balloon. Any inflatable object having a maximum dimension of 24 inches or less, including but not
limited to plastic, cloth, or canvas, with or without copy or in the shape of any object.
Banner, flag, or pennant. Any cloth, bunting, plastic, paper, or similar material used for advertising
purposes. Flags of a nation or of the State of California, displayed as such in an appropriate manner,
are excepted from these regulations.
Billboard. A sign that advertises a business, product, service or activity which is not available at or is
not conducted on the premises on which the sign is located.
Construction sign. A sign stating the name of the future site occupant and which may include the
names, addresses, and telephone numbers of businesses directly related to the construction project,
including but not limited to the architect, engineer, contractor and financing entity.
Convenience sign. A sign, not larger than 9 square feet, providing directional information and
designed to be viewed on site or adjacent to the site by pedestrians and/or motorists.
Directional sign. A real estate sign located off-site or off -premises and providing directional information
relating to property being offered for sale, lease or rent.
For sale sign. A real estate sign indicating that the premises on which the sign is located, or any
portion thereof, is for sale, lease or rent.
Freestanding sign. A sign supported permanently upon the ground by poles, braces or other supports,
and not attached to any building.
Hei ht of si n . The vertical distance from grade to the highest point of the sign or sign structure.
1llegf!1 s!3n. An-,, sign instailarf or modified without proper City a; proval andlor permits as required by
the Costa Mesa E•�luniciPri Cote at the time the sign was instalied or modified.
Illumination - exterior. Illumination cast on a sign from an exterior source, such as a floodlight.
Illumination - interior. Illumination generated from the interior of a sign.
Illumination - interior with opaque back round. Interior illumination of a sign where the background of
the sign face is opaque and only the copy is illuminated.
Inflatable. Any inflatable object having a maximum dimension in excess of 24 inches, including but
not limited to plastic, cloth, or canvas, with or without copy or in the shape of any object.
Neighborhood identification sign A sign identifying the entrance to a residential area consisting of 5
or more acres.
101
Nonconforming sign. A sign which was legally installed under laws or ordinances in effect at the time
of its installation, but which is in conflict with the current provisions of this chapter.
Open house sign. A real estate sign with the words "Open House" as the primary copy.
Political campaign sign. A sign indicating the name and/or picture of an individual seeking election to
a public office, or concerning any issue, ballot measure or ballot proposition in a municipal,
community, state or federal election, or pertaining to the advocating by persons, groups, or parties of
political views or policies regarding a matter to be voted on in a forthcoming election.
Portable sign. Any sign which can be moved from place to place which is not permanently affixed to
the ground or to a building. The term portable sign includes any sign affixed to an automobile, truck,
trailer, or other vehicle where such sign solicits patronage to a specific business by means of parking _
such a vehicle primarily for the purpose of advertising such business. The term portable sign shall also
include a sign posted in or on a vehicle parked on public or private property without written consent
of the property owner, advertising that vehicle for sale.
Private security company identification sign. A sign which advises that a neighborhood or area is
patrolled by a private security company and which may include the name and/or logo of a private
security company.
Real estate sign. A temporary sign placed for the purposes of advertising property for sale, lease or
rent, and includes "directional sign," "for sale sign" and "open house sign".
Si n. Any medium for visual communication, including its copy, structure and component parts,
which is used or intended to be used to attract attention to, or identify, or advertise a business,
product, service, activity or location or to provide information. "Sign" includes statuary and graphic
wall designs used for advertising purposes. "Sign" includes billboards.
Site. One or more parcels of land identified by the assessor's records and for which an integrated
building development exists or has been proposed. --
Street. A public or private alley, street or highway improved to allow vehicular access.
Temporary window sign. A non -illuminated sign placed on or behind a window for a period of time
not in excess of 60 days for the purpose of advertising special sales, prices, products or services.
Sec. 13-112. PROHIBITED SIGNS
The following types of signs are prohibited in all zones:
(a) Signs which incorporate any flashing, moving or intermittent lighting, except changeable copy
on electronic signs;
(b) Signs which by color, wording, design, location, or illumination resemble, obstruct or conflict
v,Jth ar.4 traf;`::-control device or with safe and effic-r nt flow of traffic;;
Ic) Signs that create a safety hazard by obstructing clear view of pedestrian and vehicular traffic, -
(d) Flags, banners and pennants except as authorized in Table 13-115;
(e) Signs projecting into or located in the public right-of-way,' except as authorized by City
Council pursuant to Section 13-127 or Chapter 11 of Title 19;
(f) Balloons and inflatable objects larger than 24 inches in any dimension;
(g) Portable signs;
(h) Mechanical movement, other than changeable copy; and
(i) Signs which project above a parapet or the highest point of the roof.
102
ARTICLE 3. SIGN REGULATIONS
Sec. 13-113. GENERAL REQUIREMENTS
Unless otherwise provided in this chapter, erection, relocation or modification of all signs shall be in
accordance with the requirements of this article, including the specific regulations listed in Table 13-
115.
Sec. 13-114. PERMITS REQUIRED
Where indicated in Table 13-115, the erection, relocation or modification of signs shall require permits
and payment of fees as described in ARTICLE 7 ADMINISTRATION AND ENFORCEMENT of this
chapter. No permit shall be required under this chapter for maintenance of a sign or for change of
copy on a changeable copy sign. The requirements of this chapter are in addition to the requirements
of the Uniform Building Code, National Electrical Code and other applicable codes.
Sec. 13-115, SIGNS REGULATIONS AND DESIGN STANDARDS
Table 13-115 indicates the maximum allowed area, height, number, and other design restrictions for
both permanent and temporary signs.
103
TABLE 13-115. SIGN REGULATIONS
PERMANENT SIGNS
RESIDENTIAL ZONES
COMMERCIAL ZONES
INDUSTRIAL ZONES
INSTITUTIONAL ZONES
TOTAL SIGN AREA PER STREET
Residential uses:
1.0 sq. ft. per ft. of lot width
30 sq. ft. for sites less than I
FRONTAGE
1.0 sq. ft per unit, not to exceed 90 sq. ft.
+ 0.5 sq. ft. per ft. of lot depth
acre.
(25 sq. ft. minimum for sites with 4 or more units).
45 sq. ft. for sites of I acre or
Permitted non-residential uses:
more.
30 sq. ft. for sites less than 1 acre.
45 sq. ft. for sites of 1 acre or more.
FREESTANDING SIGNS
PERMIT REQUIRED
Yes
DEVELOPMENT
1. Must be located in landscaped planter equal to twice the sign area.
STANDARDS
2. May not obstruct visibility for motorists or pedestrians at driveways or intersections.
3. May not obstruct visibility of legal signs on adjacent site(s).
4. Must incorporate street address: 6 inches high in residential zones
12 inches high in non-residential zones
The address area, up to 6 sq. ft., is not counted against allowable sign area.
5. See Section 13-116 if located within 200 ft. of residentially-zoned property.
MAXIMUM AREA
30 sq. ';.
Total area of all freestanding signs may not exceed 50% of total
15 sq. ft. for sites less than 1
(Includes both on-site and neighborhood identification
allowed sign area per street frontage.
acre.
signs.)
30 sq. ft. for sites of 1 acre or
more.
MAXIMUM HEIGHT
7 ft.
25 ft.
7 ft.
NUMBER & SEPARATION
150 ft. separation between freestanding signs on same site.
ILLUMINATION
Exterior, or interior with opaque background. No
No (lashing or blinking allowed.
Exterior, or interior with
flashing or blinking allowed.
opaque background. No
flashing or blinking allowed.
VERTICAL CLEARANCE
8 ft. minimum clearance over pedestrian circulation areas.
16 ft. minimum clearance over parking and vehicular circulation areas.
104
105
TABLE 13-115 SIGN REGULATIONS (CONTINUED)
PERMANENT SIGNS (continued)
RESIDENTIAL ZONES
COMMERCIAL ZONES
INDUSTRIAL ZONES
INSTITUTIONAL ZONES
FREEWAY -ORIENTED
FREESTANDING SIGNS
PERMIT REQUIRED
Prohibited
Yes
Prohibited
MAXIMUM AREA AND
N/A
For commercial properties of one
N/A
HEIGHT
acre or more, within 300 feet of a
freeway exit:
One freeway -oriented sign may
be allowed, not to exceed 230 sq.
ft. and 32 ft. high.
N/A
ILLUMINATION
N/A
No flashing or blinking
VERTICAL CLEARANCE
N/A
8 ft. minimum clearance over
N/A
pedestrian circulation areas.
16 ft. minimum clearance over
parking and vehicular
circulation areas.
BUILDING SIGNS
PERMIT REQUIRED
Yes
MAXIMUM AREA
Total a: �a of all permanent signs (freestanding signs and building signs) may not exceed TOTAL SIGN AREA PER STREET FRONTAGE.
See Sect;cn 13-116 for commercial or industrial signs located within 200 ft. of residentially -zoned property.
ILLUMINATION
Extent,,, ur interior with opaque background. No
No flashing or blinking allowed.
Exterior, or interior with
flashing or blinking allowed.
opaque background. No
flashing or blinking allowed.
VERTICAL CLEARANCE
Awning, -nopy and projecting signs
8 ft. minimum clearance over pedestrian circulation areas.
16 ft, minimum clearance over parking and vehicular circulation areas.
CONVENIENCE SIGNS
PERMIT REQUIRED
Yes
DEVELOPMENT
1. 3 sq. ft. maximum per sign.
STANDARDS
2. Nat counted against allowable sign area.
3. Placement and height subject to approval of Planning Division.
105
106
TABLE 13-115 SIGN REGULATIONS (CONTINUED)
TEMPORARY SIGNS
RESIDENTIAL ZONES COMMERCIAL ZONES
INDUSTRIAL ZONES
INSTITUTIONAL ZONES
CONSTRUCTION SIGNS
PERMIT REQUIRED
Yes
DEVELOPMENT
1.
One per street frontage.
STANDARDS
2.
64 sq. ft. maximum:
3.
..n ft. high maximum.
4.
?dust be removed within 1 year after installation, or within 30 days of final inspection, whichever occurs first.
REAL ESTATE SIGNS
(No permits are required.)
FOR SALE SIGNS
1.
------------------------------
One per street frontage, 1. One estreet fronts e.
2.
5 sq. ft. maximum. 2. 32 sq. ft. maximum.
3.
5 F' high maximum 3. 12 ft. high maximum.
------------ -----------------------------------------------
OPEN HOUSE SIGNS
1.
One per street frontage. Prohibited
2.
3 sq. ft. maximum.
3.
' "t. high maximum.
--------------
DIRECTIONAL SIGNS
1.
-----------------------------------------------
As needed to direct traffic from nearest Prohibited
major street(s).
2.
3 sq. ft. maximum per sign.
3.
4 ft, high maximum.
4.
:bray not obstruct visibility of pedestrians or
motorists.
5.
°-'ay not have balloons, flags or other
attachments.
6.
May be displayed only during hours of open
house.
POLITICAL SIGNS
5 sq. ft.
maximum per sign.
Subject to Section 13-123.
Subject to Section 13-123.
POSTERS (RELIGIOUS,
6 sq. ft, each.
CHARITABLE, EDUCATIONAL,
CULTURAL)
(No permits are required.)
GOVERNMENTAL AND
Allowed
LEGALLY -REQUIRED SIGNS
(No permits are required.)
106
107
TABLE 13-115 SIGN REGULATIONS (CONTINUED)
TEMPORARY SIGNS
RESIDENTIAL ZONES
COMMERCIAL ZONES INDUSTRIAL ZONES
INSTITUTIONAL ZONES
TEMPOR=WINDOW SIGNS
Prohibited10%
of window area.
Prohibited(No
permits
[APARTMENT
FLAGS
1. 1 per 60 ft. of lot frontage (minimum of 2).
Prohibited
No permits are required.)
2. :5 sq. R. maximum.
3. 18 ft. high maximum.
4. Must be maintained in good condition:
removed or replaced if torn, faded or dirty.
BALLOONS AND INFLATABLESibited
Proh
Allowed, subject to the following:
Prohibited
(less than 24 inches)
I. May not extend beyond any property line or over any
(No permits are required.)
public right-of-way, regardless of wind conditions.
2. Must be securely anchored.
3. May not be released into the air.
4. Metallic balloons are prohibited.
BALLOONS AND INFLATABLES
Prohibited
(over 24 inches)
BANNERS
(No permits are required.)
MAXIMUM AREA
0.5 sq. 4z. per unit.
0.5 sq. ft. per lineal foot of building frontage facing the street.
Maximum area: 100 sq. ft. per site.
Minimum entitlement: 25 sq. ft. per tenant.
Maximum area: 75 sq. ft. per tenant.
TIME LIMITS
None
DEVELOPMENT
1. Must be securely affixed to building wall of the business being advertised, or to the freestanding sign.
STANDARDS
2. yyay not be attached to any staff, pole, line, framing, vehicle or similar support.
3. May not project above roof.
4. Must be maintained in good condition: removed or replaced if torn, faded or dirty.
EFFECTIVE DATE
Banner restrictions and requirements shall become effective January 1, 1996.
107
Sec. 13-116. SIGNS ADJACENT TO RESIDENTIAL ZONES
In commercial and industrial zones, all signs located within 200 feet of residentially -zoned property
shall conform to the following restrictions:
(a) Freestanding signs shall be limited to 7 feet in height unless non -illuminated or placed in _
such a location that visibility from residentially -zoned property within 200 feet is completely
obscured by permanent structures on the commercially- or industrially -zoned property.
(b) Building signs shall be placed no higher than the first story level unless non -illuminated or
located so as not to be visible from residentially -zoned property within 200 feet.
(c) Signs that do not comply with the requirements of paragraphs (a) and (b) above may be
authorized as part of a Planned Signing Program, if the Zoning Administrator finds that the
proposed sign(s) will not have adverse visual impacts on residentially -zoned property within
200 feet.
Sec. 13-117. MAINTENANCE OF PERMANENT SIGNS
All signs shall be maintained in a safe, structurally sound condition and in good repair at all times.
Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced.
Defective, damaged or substantially deteriorated signs may be ordered to be repaired or abated as
provided for in applicable codes and ordinances.
Sec. 13-118. STREET BANNERS
Special event banners and holiday banners may be placed in the public right-of-way after obtaining
the necessary approval as required by the applicable City Council Policy.
Sec. 13-119. BILLBOARDS
The area of any billboard that was legally erected before October 6, 1984, shall not be included in
the calculation of sign area for the site on which it is located until any new building is placed or
constructed on that site, after which the calculation of sign area shall include the area of all
billboards on the site, regardless of time of construction. 4
108
ARTICLE 4. SPECIAL PROCEDURES
Sec. 13-120. PLANNED SIGNING PROGRAMS
Signs may be authorized as part of a Planned Signing Program even if they do not conform to all
specific regulations contained elsewhere in this chapter. A Planned Signing Program is intended to
provide maximum incentive and latitude to encourage variety and good design, and to allow
response to special circumstances, but shall not be used to circumvent the objectives of this
4 chapter.
[a) To encourage consistency of design and regulation, an association of similar businesses
may submit a Planned Signing Program for a number of non-contiguous sites.
Ib) Procedure. A Planned Signing Program shall be processed as a minor conditional use permit
in accordance with provisions contained in CHAPTER III PLANNING APPLICATIONS.
(c) Review Standards. A Planned Signing Program may be approved only if the following
findings are made:
(1) The proposed signing is consistent with the intent of this chapter and the General
Plan.
(2) The proposed signs are consistent with each other in design and construction -
taking into account sign style and shape, materials, letter style, colors and
illumination.
(3) The proposed signs are compatible with the buildings and developments they
identify - taking into account materials, colors and design motif.
(4) Approval does not constitute a grant of special privilege or allow substantially
greater overall visibility than the standard ordinance provisions allow.
109
ARTICLE 5. NONCONFORMING SIGNS
Sec. 13-121. DETERMINATION OF LEGAL NONCONFORMITY
An existing sign which does not conform to the specific provisions of this chapter may be eligible
for the designation "legal nonconforming" and may continue to be used and maintained, including
change of copy, provided that: —
;a) The sign was installed in conformance with a valid permit and complied with all applicable
laws and ordinances on the date it was installed. _
(b) The sign is properly maintained and does not in any way endanger the public.
Sec. 13-122. LOSS OF LEGAL NONCONFORMING STATUS
(a) A legal nonconforming sign may lose this designation if:
(1) The sign is removed or relocated for any period of time except to be replaced by a y
new sign of the same type which reduces the nonconformity by at least 50 percent;
(2) The structure or size of the sign is altered in any way except to reduce its
nonconformity by at least 50 percent; or
(3) The sign is damaged or destroyed by any means to an extent of more than 50
percent of its value.
(b) When a legal nonconforming sign loses this designation, it shall be brought into
conformance with the provisions of this chapter or removed from the site within 90 days.
110
ARTICLE 6. POLITICAL CAMPAIGN SIGNS
Sec. 13-123. POLITICAL CAMPAIGN SIGNS
(a) Any person, party, entity, or group posting political signs within the boundaries of the City
of Costa Mesa shall first file a statement with the City Clerk designating the person or
entity responsible for political signs to be posted in the City and liable for the estimated
actual cost of removal of the political signs to guarantee compliance with the provisions of
this ordinance, and such statement shall certify to the City Clerk that consent has been
obtained from the owners, lessees or occupants of private real property prior to placement
of political signs thereon. Only one political sign statement shall be required of any party or
group, regardless of the number of individuals posting signs on its behalf. Any person,
party, entity, or group posting political signs within the public rights-of-way shall be liable
for the cost incurred in the removal, storage and disposal thereof as provided in Section 13-
127.
N All political signs shall be removed not later than 10 days following the date of the election.
1c) No political campaign sign shall be placed or posted on any public property or utility pole or
within a public right-of-way. Prohibitions and penalties provided in Section 13.127 shall
apply to political campaign signs.
(d) No political campaign sign shall be lighted, either internally or externally.
le) No political campaign sign shall be placed in a manner that would obstruct visibility to
pedestrian or vehicular traffic.
111
ARTICLE 7. ADMINISTRATION AND ENFORCEMENT
Sec. 13-124. APPLICATION FOR PERMITS
Application for a permit for the erection, relocation or modification of a sign shall be made to the
Development Services Department on forms provided, and shall be accompanied by plans and other
necessary information as required by the Development Services Department.
Sec. 13-125. FEES
Fees for sign permits and Planned Signing Programs shall be established by resolution of the City
Council.
Sec. 13-126. SIGNS RELATING TO INOPERATIVE ACTIVITIES
When a business or activity is no longer in operation on a site, all signs relating to the activity shall
be removed, or copy obliterated, within 60 days after the activity has vacated the premises.
Sec. 13-127. SIGNS PROHIBITED ON PUBLIC PROPERTY OR PUBLIC RIGHTS -OF -WAY
REMOVAL; ABATEMENT COSTS AND FINES
(a) Prohibition. No person shall erect, place, paint, mark, or display or cause to be erected,
placed, painted, marked, or displayed any sign, sign notice, handbill, structure or advertising _
device in, under, on or over any public property or any public right-of-way with respect to
which the City has jurisdiction, As used in this section, "person" means a natural person,
association, partnership, firm, corporation or trust or the employee or agent. thereof. A
violation of this section may be prosecuted as a misdemeanor pursuant to Section 1-33(b).
Criminal prosecution pursuant to this section shall not preclude, nor be precluded by,.
abatement of such signs or parts thereof pursuant to this section.
(b) Removal. Any such sign, notice, handbill, sign structure or advertising device erected, '
placed painted, marked, or displayed contrary to the provisions of this section, Sections 13-
118, 12-44, 15-7 and Chapter II of Title 19 shall be a public nuisance and the City may
immediately remove and dispose of it without notice.
(c) Exception. The provisions of this section shall not prohibit the following signs:
(1) The posting of any notice in the manner required by law or by the order of any court
of this state.
(2) Bus passenger shelters and benches with advertising displays in the public right-of-
way approved pursuant to Chapter 11 of Title 19 of this Code.
(3) Street banners approved pursuant to Section 13-118 STREET BANNERS of this
Code.
(4) Residential real estate "directional" signs, when placed at a safe location in the
landscaped parkway at the side of the street, subject to the restrictions contained in
Table 13-115, of this Code; provided that such signs are freestanding and not
attached to any other pole, sign or object; and that such signs do not project over
the sidewalk or beyond the curb face.
(5) Where the private security company has obtained approval, as set by City Council
policy, and filed with the City Manager written proof that it provides security
services for a substantial number of property owners or tenants in a neighborhood
or area, non -illuminated private security company identification signs, not exceeding
2 square feet per sign, may be placed in the public rights-of-way directly adjacent to
112
the primary ingress and egress points to the neighborhood or area, if private
property is not available for the display of such signage.
(d) Abatement costs and fines. Any person found by the Development Services Director to be
responsible for a sign(s) in violation of this section shall be liable for the cost incurred in the
removal, storage and disposal thereof as provided in this section. The City Council by
resolution shall determine and fix, on an annual basis, an amount to be assessed as
administrative costs, including but not limited to the actual costs of removal, storage and
disposal of any sign or parts thereof, under this section. In addition to any other penalty or
cost provided in this section, any person found by the Director to have more than one
violation of this section as provided in subsection (e) shall be subject to and pay to the City
civil penalties in the amount of two hundred fifty dollars ($250.00) for each illegal sign
removed.
(e) Abatement costs; notice and hearing. Before any person responsible for a sign in violation
of this section is assessed abatement costs and/or civil penalties, the person shall have a
right to a hearing before the Development Services Director or designee. Upon removal of
an illegal sign and identification of the person responsible for such sign by city personnel, a
10 -day "notice of abatement" shall be mailed by registered mail to the person responsible
for the illegal sign. The notice shall state the grounds to assess abatement costs and/or
civil penalties for the removal, storage and disposal of the illegal sign and inform the person
that he or she has 10 days from the date of receipt of the notice to file a written request
for a hearing. The failure of the person to request a hearing shall satisfy the hearing
requirement, and the Director may decide to assess abatement costs and/or civil penalties
without a hearing. If a person files a timely hearing request, the Director shall hold a
hearing to afford the person responsible for an illegal sign the opportunity to present
evidence on whether reasonable grounds exist to assess abatement costs and/or civil
penalties. Where the Director finds that the person notified of the hearing is the owner or
person responsible for a sign(s) in violation of this section and that the City incurred costs
for the removal, storage and/or disposal of such sign(s), the Director shall assess against
such person the abatement costs incurred in the removal, storage and/or disposal thereof,
and shall impose civil penalties pursuant to subsection (d) where such person is found to
have more than one violation of this section. The Director's decision on abatement costs
and civil penalties shall be final. The Director's derision may be appealed to the Planning
Commission pursuant to Title 2 of this Code.
(f) Court action. The City Attorney is authorized and may institute an action in any court of
competent jurisdiction to restrain, enjoin, or abate any sign(s) found to be in violation of this
section and as provided by law.
Sec. 13-128. ENFORCEMENT
It shad be unlawful to ,onstruct, erect, install, alter, modify o-- rnair,tain a sig,'; ;,xcept in c;)mpliance
with the provisions of this chapter. The provisions of this chapter shad be enforceable, and
violations shall be punishable, pursuant to Sections 13-18 and 13-127 and Section 1-33 et seq. of
this Code.
113
CHAPTER IX. SPECIAL LAND USE REGULATIONS
ARTICLE 1. ADULT BUSINESSES
Sec. 13-129. PURPOSE
It is the purpose of this article to regulate sexually oriented adult businesses to promote the health,
safety and general welfare of the citizens of the City. The provisions of this article have neither the
purpose nor the effect of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials.
Sec. 13-130, DEFINITIONS
The following words and phrases shall, for the purposes of this article, be defined as follows, unless it
is clearly apparent from the context that another meaning is intended:
Adult arcade. An establishment where, for any form of consideration, one or more motion picture
projectors, video cassette players, slide projectors or similar machines, for viewing by five or fewer —
persons each, are used on a regular and substantial basis to show films, motion pictures, video
cassettes, slides or other photographic reproductions characterized by an emphasis on material
depicting, describing or relating to "specified sexual activities" and/or "specified anatomical areas,"
Adult books tore/novelty store. An establishment which, on a regular and substantial basis, sells or
rents, or offers for sale or rental, for any form of consideration, of any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes, slides or other visual representations which are characterized by an emphasis
on material depicting, describing or relating to "specified sexual activities" and/or "specified
anatomical areas;" or
ibf instruments, devices or paraphernalia which are designed for use in connection with "specified
sexual activities." —
Adult business. A business which is conducted exclusively for the patronage of adults and as to
which minors are specifically excluded from patronage, either by law and/or by the operators of such —
business, and which is characterized by an emphasis on "specified sexual activities" and/or "specified
anatomical areas." "Adult Business" also means and includes any adult arcade, adult
bookstore/novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult motion picture
theater, adult theater, sexual encounter establishment, model studio, and any other business or —
establishment that, on a regular and substantial basis, offers its patrons entertainment or services
which involve, depict, describe or relate to "specified sexual activities" and/or "specified anatomical
areas."
Adult cabaret. A nightclub, restaurant or similaf establishment which, for any form of consideration,
and on :, reguiar ar: f substantial basis, features live performances by topless and/or bottomless
dancers, dance instructors, go-go dancers, exotic dancers, strippers or entertainers or similar —
performances characterized by an emphasis on "specified anatomical areas" and/or by "specified
sexual activities."
Adult dance studio. Any business or establishment which provides for members of the public a
partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on
matter involving, depicting, describing, or relating to "specified sexual activities" and/or "specified
anatomical areas." —
Adult hotel or motel. A hotel, motel or similar establishment offering public accommodations for any
form of consideration which, on a regular and substantial basis, provides patrons with closed-circuit
television transmissions, films, motion pictures, video cassettes, slides or other photographic
reproductions characterized by an emphasis on material depicting, describing or relating to "specified
114
sexual activities" and/or "specified anatomical areas;" and/or a motel, hotel or similar establishment
which rents, leases or lets any room for less than a six -hour period, or rents, leases or lets any single
room more than twice in a 24-hour period.
Adult motion picture theater. An establishment which, for any form of consideration, is used on a
regular and substantial basis to show films, motion pictures, video cassettes, slides or similar
photographic reproductions to more than five persons, and where such material is characterized by an
emphasis on material depicting, describing or relating to "specified sexual activities" and/or "specified
anatomical areas."
Adult novelty store. See Adult bookstore/novelty store.
Adult theater. A theater, concert hall, auditorium or similar establishment which, for any form of
consideration, and on a regular and substantial basis, features live performances characterized by an
emphasis on "specified sexual activities" and/or "specified anatomical areas."
Employee. A person who works or performs in an adult business regardless of whether or not the
person is paid a salary, wage or other compensation by the business.
Establishment of an adult business. Includes any of the following:
(a) The opening or commencement of any such business as a new business;
(b) The conversion of an existing business, whether or not an adult business, to any of the adult
businesses defined herein;
lc) The addition of any of the adult businesses defined herein to any other existing adult business;
or
(d) The relocation of any such business.
Model. Any person who, for compensation or gratuity, is available for conversation or poses to be
observed, viewed, sketched, painted, drawn, sculpted, photographed, or otherwise similarly depicted,
in the nude or seminude.
T Model studio: Any premises where there is conducted the business of furnishing, providing or
procuring a model or models who pose in the nude or seminude for the purposes of being observed,
conversed with, or viewed by any person or of being sketched, painted, drawn, sculpted,
photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration,
compensation, or gratuity, for the right or opportunity to converse with or so depict a figure model, or
for admission to or for permission to remain upon or as a condition of remaining upon the premises.
Nudeiserninude, A person completely withc!+° � Iothinq or ca:er;�; , or wish partial clothing or covering
bot with a�.y exposure of "specified anatomical areas," as deflned in this article. Seminude shall also
include a person with partial clothing to include lingerie or similar clothing where "specified anatomical
areas" are exposed.
Off -premises. Any business where the primary services or entertainment are provided at a location or
locations other than the premises of the subject business.
Person. Any individual, firm, association, partnership, corporation, joint venture, trust or combination
of individuals or persons.
Public buildin . A building or facility owned, leased or operated by a public agency, including but not
limited to a city, the County, the State or the Federal government.
115
Public_ park. A park, playground, swimming pool, beach, pier, athletic field, or similar recreational
facility within the City and/or adjacent cities and County which is under the control, operation or
management of the City, adjacent cities, the County or the State.
Regular ular and substantial basis. An activity or performance shall be deemed to be on a regular or
substantial basis when it constitutes more than 25% of the total performance time, stock -in -trade, —
revenue, floor space, advertisement or similar element of the business. For purposes of this definition,
revenue shall include gross revenue generated by the business, including revenue received by
performers and others who work as independent contractors. For purposes of this definition, the floor
space devoted to a regulated activity shall include all the area devoted to the activity, including but —
not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all
aisles and pathways between and within such areas.
Religious institution. A structure which is used primarily for religious worship and related religious
activities within the City and/or adjacent cities and County.
Residential use. Any lot located within the R1, R2 -MD, R2 -HD, R3, PDR -LD, FDR -MD, PDR -HD and
PDR -NCM Zones of the City and similar residential uses in adjacent cities and County.
School. Any child care facility, or an institution of learning for minors, whether public or private,
which offers instruction in those courses of study required by the State Education Code or which is
maintained pursuant to standards set by the State Board of Education. This definition includes a
nursery school, kindergarten, elementary school, middle school, junior high school, senior high school
or any special institution of education within the City and/or within adjacent cities and County, but —
does not include a vocational or professional institution of higher education, including a community or
junior college, college or university.
Sexual encounter establishment An establishment, other than a hotel, motel or similar establishment
offering public accommodations which, for any form of consideration, provides a place where 2 or
more persons may congregate, associate or consort in connection with "specified sexual activities"
and/or the exposure of "specified anatomical areas." This definition does not include an establishment
where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the
State engages in sexual therapy.
5 ecified anatomical areas. includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or
female breasts below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities. Includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or
female breasts;
(b) Sex acts, actual or simulated, including intercourse, oral copulation, anal intercourse, oral/anal
copulation, bestiality, flagellation or torture in the context of a sexual relationship, and any of
the following depicted sexually oriented acts or conduct: anilingus, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; —
(c) Masturbation of human or animal, actual or simulated;
(d) Clearly depicted specified anatomical areas in a state of sexual arousal, stimulation or —
tumescence;
(e) Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; and —
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(f) Excretory functions, urination, menstruation, vaginal or anal irrigation as part of or in
connection with any of the activities described in subdivisions (a) through (e) of this
subsection.
Substantial enlargement. An increase, over the lifetime of the business, of more than 10 per cent or
100 square feet, whichever is less, in the portion of the floor area of a business which is devoted to
products, services or entertainment with an emphasis on material depicting, describing or relating to
"specified sexual activities" and/or "specified anatomical areas."
Transfer of ownership or control of an adult business. Includes any of the following:
(a) The sale, lease or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business, whether by
sale, exchange or similar means;
(c) The establishment of a trust, gift or other similar legal devise which transfers ownership or
control of the business, except for transfer by bequest or other operation of law upon the
death of a person possessing the ownership or control.
Sec. 13-131. EXCEPTIONS TO THE ARTICLE.
This article shall not apply to any of the following businesses or activities:
(a) Any massage establishment or massage practitioner holding a valid current license issued
pursuant to the provisions of Title 9 of this Municipal Code.
(b) Any "off -premises" massage, escort or similar service holding a valid current license issued
pursuant to the provisions of Title 9 of this Municipal Code.
(c) Any treatment administered in good faith in the course of the practice of any healing art or
profession by any person holding a valid license or certificate issued by the State to practice
any such art or profession under the provisions of the State Business and Professions Code or
any other State law.
Sec. 13-132. ESTABLISHMENT OF ADULT BUSINESS
The establishment of an adult business shall be permitted only in the CL, C1, C2, CI -S or PD
Commercial Zones and shall be subject to the following regulations.
1a) The Planning Division shall find that the proposed facility or use complies with the regulations
specified in this article, and complies with all of the following restrictions:
(1) Not within 500 feet of any area zoned for and/or lawt'ully operated as a residential
use;
(2) Not within 1,000 feet of any other adult business, and
(3) Not within 1,000 feet of any school, public park, religious institution, or public building
likely to be frequented by minors.
(4) Not within any redevelopment area or the Newport Boulevard Specific Plan area.
(b) Each such adult business must, prior to commencement or continuation or substantial
enlargement of such business, first apply for and receive an adult business license.
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(c) Each such facility must comply with all other applicable zoning and land use regulations in this
Zoning Code.
Sec. 13-133. MEASUREMENT OF DISTANCE
Distance between any 2 adult businesses shall be measured in a straight line, without regard to the
boundaries of the City and to intervening structures, from the closest property line of the lot of each
business. The distance between any adult business and any residential use, religious institution,
school, public park or public building likely to be frequented by minors shall also be measured in a
straight line, without regard to the boundaries of the City and to intervening structures, from the
nearest portion of the property line of the lot where such adult business is conducted, to the nearest
property line of a religious institution, school, public park, public building, residential use or any
establishment likely to be frequented by minors.
Sec. 13-134, MISDEMEANOR OFFENSES
In addition to all other offenses specified in this Zoning Code, County ordinances and State statutes,
an adult business shall be subject to the following restrictions:
(a) It shall be unlawful and a misdemeanor to establish, substantially enlarge or operate an adult
business within the City without first complying with this article;
(b) It shall be unlawful and a misdemeanor to operate or cause to be operated an adult business
outside of the commercial zones specified in this article; '
(c) It shall be unlawful and a misdemeanor to operate or cause to be operated an adult business
within 1,000 feet of any religious institution, school, public park or public building likely to be
frequented by minors, or within 500 feet of any area zoned for and/or lawfully operated as a
residential use.
(d) it shall be unlawful and a misdemeanor to operate or cause to be operated an adult business
within 1,000 feet of another adult business.
(e) It shall be unlawful and a misdemeanor to cause or permit the operation, establishment or
maintenance of more than one adult business within the same building, structure or portion
thereof, or to cause the increase of floor area of any adult business in any building, structure
or portion thereof containing another adult business.
(f) It is a defense to prosecution under this section if a person appearing in a state of nudity did
so in a modeling class operated:
(1) by a proprietary school, licensed by the State; a college, junior college or university +
supporteu entirely or partly by taxation;
(2) by a private college or university which maintains and operates educational programs _
in which credits are transferable to a college, junior college or university supported
entirely or partly by taxation; or
(3) in a structure:
a. which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing; and
b. where, in order to participate in a class a student must enroll at least 3 days in
advance of the class; and _
C. where no more than one nude model is on the premises at any one time.
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Sec. 13-135. DEVELOPMENT AND OPERATIONAL STANDARDS
In addition to the base zoning requirements governing conditional use permits, the following additional
requirements shall be satisfied by adult businesses. Such additional requirements shall be included in
any approved adult business.
(a) Fire safety measures. Maximum occupancy load, fire exits, aisles and fire equipment shall be
regulated, designed and provided in accordance with the Fire Department and building
regulations and standards adopted by the City.
(b) Displays. No adult business shall be operated in any manner that permits the observation of
any material depicting, describing or relating to "specified sexual activities" and/or "specified
anatomical areas" from any public way or from any location outside the building or area of
such establishment. This provision shall apply to any display, decoration, sign, show window
or other opening.
(c) Parking lot lighting. Parking lot lighting shall be provided to illuminate all off-street parking
areas serving such use for the purpose of increasing the personal safety of store patrons and
reducing the incidents of vandalism and theft. The lighting shall provide a level of illumination
not less than one foot-candle, measured at the surface of the pavement, at all areas of the
parking lot. The lighting shall be shown on the required plot plans and shall be reviewed and
approved by the Development Services Department.
(d) Amplified sound. No loudspeakers or sound equipment shall be used by an adult business for
the amplification of sound to a level discernible by the public beyond the walls of the building
in which such use is conducted or which violates any noise restrictions as may be adopted by
the City.
(e) Building entrance. The building entrance to an adult business shall be clearly and legibly
posted with a notice indicating that minors are precluded from entering the premises. The
notices shall be constructed and posted to the satisfaction of the Development Services
Director.
If) Adult arcades.
(1) It is unlawful to maintain, operate or manage or to permit to be maintained, operated
or managed any adult arcade in which the viewing areas are not visible from a
continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For
purposes of this subsection, "viewing area" means the area where a patron or
customer would ordinarily be positioned while watching the performance, picture,
show or film.
(2) It is unlawful for more than one person at a time to occupy any individually partitioned
viewing a ;a or boot+i.
(3) It is unlawful to create, inaintain or permit to be mainta,ned any holes or other
openings between any 2 booths or individual viewing areas for the purpose of
providing viewing or physical access between the booths or individual viewing areas.
(g) Signs. All on-site signage shall conform to the relevant provisions of CHAPTER VIII SIGNS.
(h) Sale/serving of alcohol. It is unlawful to self, serve or permit the consumption of alcohol in
any portion of a structure occupied by an adult business.
(i) Age restrictions. It is unlawful to permit patrons or employees under the age of 18 years in
any portion of a structure occupied by an adult business.
(j) Time of operation. No adult business shall be open or operating during the hours from 10:00
p.m. to 8:00 a.m.
(k) Physical contact. No model, dancer, entertainer or other performer shall have physical contact
with any patron and no patron shall have physical contact with any model, dancer, entertainer
or other performer while on the premises of an adult business.
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Sec. 13-136. VIOLATIONS/PENALTIES
Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or
causing the violation of any of the provision of this article shall be guilty of a misdemeanor, and any
conviction thereof shall be punishable by a fine of no more than $1,000.00 or by imprisonment for no
more than 6 months, or by both such fine and imprisonment. Any violation of the provisions of this
article shall constitute a separate offense for each and every day during which such violation is
committed or continued.
Sec. 13-137. PUBLIC NUISANCE
In addition to the penalties set forth in Section 13-136 VIOLATIONS/PENALTIES, any adult business
which is operating in violation of this article or any provision thereof is hereby declared to constitute a
public nuisance and, as such, may be abated or enjoined from further operation.
Sec. 13-138. OTHER REGULATIONS
(a) The regulations in this article shall apply in all districts in addition to the regulations specified
elsewhere in this Zoning Code. Provided, however, that if any of the regulations specified in
this article differ from any of the corresponding regulations specified elsewhere in this Zoning
Code for any district, then in such case the provisions of this article shall govern.
(b) Any adult business lawfully operating on February 22, 1994, that is in violation of this article,
shall be deemed a nonconforming use. A nonconforming adult business will be permitted to
continue for a period of one year, with a possible one year extension, for a total time period
not to exceed 2 years, unless sooner terminated for any reason or voluntarily discontinued for
a period of 30 days or more. An application for a one year extension for extenuating
circumstances may be granted by the Planning Commission only upon a convincing showing
of extreme financial hardship by the adult business. Such nonconforming adult business shall
not be increased, enlarged, extended or altered except that the use may be changed to a _
conforming use. If 2 or more adult businesses are within 1,000 feet of one another and
otherwise in a permissible location, the adult business which was first established and has
continually operated at the particular location is the conforming use and the later established
business(es) is nonconforming. _
(c) Any adult business lawfully operating as a conforming use is not rendered a nonconforming
use by the location, subsequent to the grant or renewal of an adult business permit and/or
license, of a school, puhlic park, religious institution, or public building likely to be frequented
by minors within 1,000 feet and/or residential use within 500 feet of the adult business. This
provision applies only to the renewal of a valid permit and/or license and does not apply when
an application for a permit and/or license is submitted after a permit and/or license has expired
or has been revoked.
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ARTICLE 2. ANTENNAS
Sec. 13-139. PURPOSE
The purpose of this article is to identify the regulations and permit requirements for antennas.
Sec. 13-140. APPLICABILITY
The regulations of this article shall apply to satellite dish, amateur radio and communication antennas.
These antennas are permitted as either accessory uses or conditional uses and are subject to the
development standards contained in this article.
fat Exemption. Antennas meeting all of the following criteria are exempt from the regulations of
this article:
(1) The antenna and associated support structure are supported primarily by attachment to a
building.
(2) The antenna, including associated support structure, does not weigh more than 80
pounds.
(3) The antenna, excluding associated support structure, does not exceed 4.4 square feet in
effective wind load area.
(4) Attachment of the antenna and associated support structure to a building does not require
modification or reinforcement of load bearing elements of the building in order to support
the antenna and associated support structure at wind speeds up to 70 miles per hour.
(5) The environmental radio frequency radiation generated by the antenna does not exceed
ANSIPEEE standards, except as categorically excluded by the Federal Communications
Commission,
Sec. 13-141. PERMIT REQUIREMENTS
Table 13-141 indicates whether a proposed antenna is a permitted accessory use or whether a minor
conditional use permit is required, pursuant to Section 13-144 MINOR CONDITIONAL USE PERMIT
REQUIREMENTS. Building permits shall be required prior to installation of any antenna unless the
antenna is exempt from this article.
TABLE 13-141
AN -MN -NA REVIEW REQUIRFi lENTS
ANTENNA TYPE RE'SIDENT[AL ZONE: ~--- NONUSIDENTIAL ZONE
Satellite Dish Antenna, Receiving - P1.) —~- - P,
Satellite Dish Antenna, Transmitting MCI' NJ C2
Amateur Radio Antenna P1 P,
Y Communication Antenna, Receiving P1 P;
Commu'." �t.' ,-, AnterniL. l:,nsmitting
P,
1. Subject to compliance with the development standards in Section 13-142 DEVELOPMENT STANDARDS; proposed
antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use
permit.
2. Subject to compliance with the development standards in Section 13-I42 DEVELOPMENT STANDARDS.
3. For the purposes of this table, the symbols in the non -shaded areas shall have the following meaning: P= Permitted; MC=
Minor Conditional Use Permit; += Prohibited
121
Sec. 13-142. DEVELOPMENT STANDARDS
Table 13-142 identifies the development standards for antennas. Proposed antennas not in
compliance with the applicable development standards shall require the approval of a minor
conditional use permit pursuant to Section 13-144 Minor Conditional Use Permit Requirements.
TABLE 13-142
ANTENNA DEVELOPMENT STANDARDS
STANDARDS
SATELLITE DISH
AMATEUR RADIO
COMMUMCATION
Ma*num Height (measured from
the property's grade to the highest
point of the antenna)
Residential Zone or
Nonresidential Zone
Adjacent to a Residential
Zoite:
15 feet
75 feet
30 feet
Other Nonresidential
Zone:
Not to exceed allowable building height
Same as above.
Same as above.
Front Yard Location Permined
No
Side and Rear Setbacks
(setbacks apply to antenna support
structure and to arrays and
projections attached thereto, unless
otherwise noted)
Residential Zone:
Side: Comply with setbacks for accessory structures, with a minimum setback of 5 feet.
Rear: Ground -mounted antenna support structures may be located in a required rear yard if located as far forward as
possible from the rear property line. Minimum of 5 feet for arrays and projections attached to the antenna support
structure.
Nonresidential Zone:
Side and Rear: Comply with setbacks for main structures, with a minimum setback of 5 feet.
Exception:
Side and/or Rear, when adjacent to a Residential Zone: Minimum of 5 feet from the residential property line.
-
Additionally, the antenna support structure shall be located as far as possible from the residential property line.
Roof -mounted Location
Shall be located on the portion of the roof farthest from any adjacent street, residential zone (if applicable), bluff, and/or
park, whichever location will result in the least visual impact.
Maximum Number
Residential Zone or Nonresidential
One
One antenna support structure in
One antenna support structure.
Zone adjacent to a Residential
excess of 30 feet.
Zone:
Exception. Legally subdivided residential
units in st all lot srbdivision proi-as, and
One whip antenna in excess of 30
units in P,l%nned Unit Levelopmi-at projects
feet
with indi,,idual lots, shall each be allowed
one satellite dish antenna unless otherwise
Note: There is no limit on the
prohibited.
number of antennas which do not
exceed 30 feet in height.
Other Nonresidential Zone:
No regulation.
No regulation.
No regulation.
122
123
TABLE 13-142
ANTENNA DEVELOPMENT STANDARDS
STANDARDS
SATELLITE DISH
AMATEUR RADIO CO11fMUNICATTON
Maximum Diameter
Residential Zone or Nonresidential
Any dish-shaped element attached to an antenna: 2 feet
Zone adjacent to a Residential
Zone:
10 feet
Exception: Any dish-shaped element in excess of 2 feet in diameter that is
attached to an antenna shall require approval of a Minor Conditional Use
Permit and comply with the Satellite Dish Antenna Development Standards
regarding maximum height (applicable to dish element only) diameter,
screening and materials, as applicable.
Other Nonresidential Zone:
No regulation.
Dish-shaped elements in excess of 2 feet in diameter shall comply with the
Satellite Dish Antenna Development Standards regarding maximum height
(applicable to dish element only) and materials.
Screening Required
Residential Zone or Nonresidential
Zone adjacent Residential
Screening, either partial or total, may be
Ground-mounted: No regulation.
Ground-mounted: No regulation.
to a
required by the Planning Division when the
Zone:
antenna is visible from off-site. The
Roof-mounted:
Roof-mounted: Screening may be
screening may consist of a solid, opaque
required if necessary to lessen visual
fence, wall, vegetation, landscaping and/or
Antennas less than 30 feet in
impacts, under the direction of the
any other material deemed acceptable by
height: No regulation.
Planning Division.
the Planning Division.
Antennas 30 feet or more in
height: Screening may be
required in Nonresidential Zones
if necessary to lessen visual
impacts on the adjacent
Residential Zone(s), under the
direction of the Planning Division.
Other Nonresidential Zone:
No regulation. �:=
Same as above.
Color
All antennas visible from off-site shall be finished in a color deemed unobtrusive to the neighborhood in which it is located.
under the direction of the Planning Division.
No sign of any kind shall be posted or displayed or, any antenna.
No transmitting antenna or facility, except as categorically excluded by the Federal Communication Commission, shall
Sicns
Radiofrequency (RF) Radiation
exceed the radiofrequency (RF) radiation limits established by the ANSI/IEEE for an "uncontrolled environment". It shall
be the responsibility of the applicant to provide evidence of compliance with applicable standards.
All electrical and antenna wiring shall be encased in tubing or other devices acceptable to the Planning Division and/or
Wiring
concealed to the maximum extent feasible to minimize visual impact.
When tate antenna exceeas F feet in height Not applicable,
above a:"ade, the dish s%aped rl^'.c;;nt sIXI
Materials
"+ .if a. nus. const;ucri;n.
Other Requirements
Ground-mounted antennas shall not reduce the area required for parking, internal circulation or other development standards
in this Zoning Code.
All antennas shall be permanently mounted, and no antenna may be installed on a portable or movable structure.
123
Sec. 13-143. NONCONFORMING ANTENNAS
(a) Satellite dish antennas. Any satellite dish antenna in existence as of May 4, 1994 for
which valid building permits have been issued, shall be considered legal non -conforming,
and may be maintained, enlarged, expanded or changed in accordance with the provisions
of this article.
R
(c)
Amateur radio antennas.
(1) Any amateur radio antenna that was in existence as of September 7, 1989, may
continue as a nonconforming development and need not comply with the
development standards contained in Section 13-142 DEVELOPMENT STANDARDS,
provided that a record of its size, location, height and any other information deemed
necessary by the Development Services Director is on file with the Planning
Division. In order to secure any right under this section, the amateur radio antenna
owner must have established this record by May 7, 1990. The amateur radio
antenna owner is responsible for providing the necessary information to the City for
inclusion in the record of nonconforming amateur radio antennas.
(2) Replacement of an amateur radio antenna support structure shall be subject to all
applicable regulations and issuance of appropriate permits. However, the supported
antenna, including the array, may be replaced without issuance of a new building
permit, provided the replacement antenna does not exceed the maximum weight,
dimensions or wind load area specified in the current building permit or record on
file with the Planning Division.
(3) Nonconforming amateur radio antennas which have been registered with the City as
of May 7, 1990, may be enlarged, expanded or relocated only if the enlargement,
expansion or relocation does not result in a greater nonconformity with the
development standards specified in this article, or with ANSIIIEEE regulations
regarding environmental radiofrequency radiation, except as categorically excluded
by the Federal Communications Commission.
(4) Nonconforming amateur radio antennas which have not been registered with the
City as of May 7, 1990, may be enlarged, expanded, changed in use, increased in
power, or relocated provided that the enlargement, expansion, change in use, or
increase in power, is in compliance with ANSIIIEEE regulations regarding
environmental radiofrequency radiation, except as categorically excluded by the
Federal Communications Commission and the antenna complies with applicable
provisions of this article.
Communication antennas.
(1) Any comm,#nication antenna in existence as of May 4, 1994 for which valid b(.wilding
perr-ruts 'u -.,e been issued, shall be considered legal and may be maintained,
enlarged, expanded or changed in accordance with the provisions of subsection (2).
(2) A nonconforming communication antenna with valid building permits may be
enlarged, expanded or relocated only if the enlargement, expansion or relocation
does not result in a greater nonconformity with the development standards specified
in this article, and provided the antenna complies with ANSIIIEEE regulations
regarding environmental radiofrequency radiation. A nonconforming communication
antenna with valid building permits may be changed in use and/or power, and/or
converted to a transmitting antenna provided that ANSIIIEEE regulations regarding
environmental radiofrequency radiation are complied with in addition to compliance
with applicable requirements of this article, including Table 13-141 ANTENNA
REVIEW REQUIREMENTS.
124
Sec. 13-144. MINOR CONDITIONAL USE PERMIT REQUIREMENTS
All requests for installation of antennas not satisfying the criteria identified in Section 13-142
DEVELOPMENT STANDARDS may be approved by minor conditional use permit consistent with the
requirements of this section and CHAPTER III PLANNING APPLICATIONS.
(aj Requirements. An application for a minor conditional use permit shall be made and
processed in accordance with the procedures set forth in CHAPTER III PLANNING
APPLICATIONS, with the following exceptions:
(1) The application fee shall not be applicable for amateur radio antennas.
(2) Applications for a minor conditional use permit where the proposed
antenna(s) will not conform with applicable development standards shall
include statements of the reasons why strict conformance with the
development standards specified will:
a. Unreasonably limit, or prevent, reception or transmission of signals;
b. Result in excessive expense in light of the cost of purchase,
installation and operation of the anternna(s).
(3) When a proposed FCC -regulated transmitting facility will expose the public or
workers to levels that exceed ANSIPEEE RF radiation standards, the FCC -required
Environmental Evaluation must be submitted with the minor conditional use permit
application.
(b) Findings. In addition to the findings specified in Section 13-29(g)(2) CONDITIONAL USE
PERMIT AND MINOR CONDITIONAL USE PERMIT FINDINGS, the following findings shall be
made:
(1) Strict conformance with the development standards specified will
unreasonably limit, or prevent, reception or transmission of signals, or result
in excessive expense in light of the cost of purchase, installation and
operation of the antenna(s).
(2) The deviation from applicable development standards represents the
minimum adjustment necessary to prevent unreasonable limitations on the
reception or transmission of signals.
ic) Conditions. In approving a minor conditional use permit, the final review authority may
impose reasonable conditions necessary to minimize the impact of the installation or
operation of the antenna(s) on the public or other properties or improvements within the
immediate vicinity of the antenna(s), consistent with tt:ir. ^'tic'a.
Sec. 13-145. COMPATIBILITY OF REGULATIONS
Notwithstanding the regulations contained in this article, the provisions of this code shall comply
with the regulations of the Federal Communications Commission, as may be amended, that apply to
satellite, amateur radio or communication antennas. A franchisee under the provisions of Title 19
pertaining to cable television franchises shall comply with the regulations in this article.
125
ARTICLE 3. CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL —
Sec. 13-146. PURPOSE
The purpose of this article is to establish the processing procedures and development standards for
the concurrent sale of alcoholic beverages and motor vehicle fuel.
Sec. 13-147. CONDITIONAL USE PERMIT REQUIRED; EXCEPTION
It shall be unlawful to sell any alcoholic beverage on the same building site where motor vehicle
fuel is sold unless the concurrent sale of alcoholic beverages and motor vehicle fuel is specifically --
allowed by a conditional use permit issued for the site. This requirement shall not apply where the
dispensing and sale of motor vehicle fuel is separated by at least 300 feet from the building where
alcoholic beverages are sold.
Sec. 13-148. PROCEDURE
A conditional use permit for concurrent sales of alcoholic beverages and motor vehicle fuels shall be
granted or denied by the Planning Commission pursuant to the procedures set forth in CHAPTER III
PLANNING APPLICATIONS.
Sec. 13-149. CONDITIONS, DISCRETIONARY
A conditional use permit may be granted if the requirements of CHAPTER III PLANNING
APPLICATIONS are satisfied, and may be made subject to conditions as the final review authority
may deem desirable to protect the public health, safety, or general welfare. The conditions may
include, but shall not be limited to, the following:
(a) Compliance with applicable development standards and other applicable ordinance
requirements.
(b) Specification of the hours when the business may be in operation. _
(c) Any other conditions generally applicable to conditional use permits for automobile service
stations.
(d) Any conditions needed to mitigate potential adverse environmental effects of the use.
Sec. 13-150. CONDITIONS, MANDATORY
The following conditions shall be imposed on all conditional use permits granted pursuant to this
article: —
(a) As of January 1, 1988, no alcoholic beverage shall be displayed within 5 feet of the cash
register or the front door unless it is in a cooler which was permanently affixed prior to
January 1, 1988.
(b) No sa'e of a: i,-)holic beverages shall be made from a drive-in window.
(c) No ak:ohr tic beverages .,Fall be sold of displayed outdocrs.
(d) No display or sale of alcoholic beverages shall be made from an ice tub.
fe) No alcoholic beverage advertising shall be located on motor fuel islands, and no self -
illuminated advertising for alcoholic beverages shall be located on buildings or windows.
(f) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m, shall be at least 21
years of age to sell alcoholic beverages.
Sec. 13-151. APPLICATION TO EXISTING BUSINESSES —
Any business actually and lawfully engaged in the sale of alcoholic beverages and motor fuel from
The same site before August 17, 1988 shall be permitted to continue to do so, subject to all
applicable provisions of State law and this Code, and subject to all conditions of the conditional use
126
permit(s) issued for the site; provided, however, that after January 1, 1990, such businesses shall
also comply with all the conditions set forth in Section 13-150 CONDITIONS, MANDATORY.
127
ARTICLE 4. DENSITY BONUS AND OTHER INCENTIVES
Sec. 13-152. PURPOSE
The purpose of this article is to provide incentives for the production of lower income and senior
housing in compliance with State Government Code Section 65915.
Sec. 13-153. DEFINITIONS —
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning. —
Concessions. The reduction in site development standards, Zoning Code requirements,
development fees or dedication requirements which result in identifiable cost reductions.
Housinq project. New development or conversion of existing residential buildings of 5 or more
residential dwelling units.
Incentives in lieu of density bonus. Incentives of equivalent financial value based upon the land
cost per dwelling unit(s) of density bonus.
Qualifying resident. A resident as defined in State Civil Code Section 51.2, i.e., 62 years of age or
older, or 55 years of age or older in a senior citizens housing development consisting of at least
150 dwelling units.
VeTV low income household. Households as defined in State Health and Safety Code Section
50105.
Very low Income rent. Rent affordable to very low income households, not to exceed 30 percent
of 50 percent fi.e., 15 percent) of the area median income as adjusted for household size and as
defined in State Government Code Section 65915.
Sec. 13-154. QUALIFIED PROJECT
To qualify for a density bonus, concessions or other incentives, the developer of a housing project
of at least 5 units, must agree, in a written agreement acceptable to the City Attorney, to construct
a minimum of 20 percent of the total units of the housing project as affordable and reserved for
lower income households, a minimum of 10 percent of the total units of the housing project as
affordable and reserved for very low income households, or a minimum of 50 percent of the total +
units of the housing project reserved for qualified (senior) residents. The designated senior units
shall be subject to low income affordable limits.
Any density bonus shall not be included when determining the number of housing units which is
equal to "10 percent, 20 percent or 50 percent of the total units of the hrttsing project.
Sec. 13-155. DENSITY BONUS CONCESSIONS AND INCENTIVES —
(a) Upon application by a developer as provided in CHAPTER 111 PLANNING APPLICATIONS, the
City shall offer a density bonus to qualified low, very low income, or senior housing projects
provided the density bonus is consistent with the General Plan. Where a density bonus
would cause the housing project to exceed the General Plan dwelling unit density for
qualified low or very low income (non -senior) projects, then the City shall offer in lieu,
incentives or concessions which may include, but not be limited to, the following:
(1) A partial density increase up to the General Plan density. —
(2) Reduction or waiver of Planning Division fees.
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(4) Accelerated plan check by City Staff.
(5) Reduction or waiver of street dedication or infrastructure improvements excluding
those infrastructure improvements required by the Costa Mesa Sanitary District and
Mesa Consolidated Water District or Santa Ana Heights Water Company.
(6) Reduction or waiver of in -lieu Park Fees.
(7) Rezoning to a higher density or to mixed use. Where City Council finds that the
adoption of a change in zone classification to increase density for the subject
property within 60 months prior to the density bonus or incentive application will be
4 considered to be equivalent in value to State mandated incentives and qualifies as
an incentive for purposes of this article, such change in zone classification shall be
deemed an incentive for the purposes of this article.
(8) Modification or reduction of development standards up to a maximum reduction of
20 percent.
(9) Direct financial aid including, but not limited to Redevelopment set aside funding,
Mello -Roos financing of infrastructure improvements, or Community Development
Block Grant funding (if available).
(b) Any reduction, waiver, or modification to any applicable development standards of this
Zoning Code shall be within the parameters listed above and not require variance findings;
additionally any density bonus increase up to the General Plan density shall be considered
as part of the density bonus or incentive application. The value of each incentive will vary
from project to project, therefore in -lieu incentives shall be determined on a case-by-case
basis.
_ Sec. 13-156. CONCESSIONS OR INCENTIVES IN EXCESS OF DENSITY 130NUS
(a) All qualified housing projects as set forth in Section 13-154 QUALIFIED PROJECT shall be
given priority in processing.
(b) In addition to density bonus or equivalent in -lieu incentives, the City may offer at least one
additional concession or incentive. Possible additional concessions or incentives include,
but are not limited to, the incentives or concessions set forth in Section 13-155 DENSITY
BONUS CONCESSIONS AND INCENTIVES. For affordable senior housing projects, a
reduction in parking requirements may be considered.
Sec. 13-157. TERM AND TENURE OF DENSITY BONUS DWELLING UNITS
(a) The 10 percent very low income dwelling units, 20 percent low income dwellings units, or
50 per, �rfor gVilifying residents (S.Iniors) elling units provided in compiiance v ith this
Zoning Code and State Government Code Section 65915 shall be designated and
maintained as affordable or senior dwelling units for a period of either 10 or 30 years. The
ten-year affordable designation shall be required if the City only grants a density bonus. If
the City grants a density bonus (or its equivalent) plus additional incentives or concessions,
the affordable designation shall be required for 30 years. This unit designation term shall be
designated pursuant to a written and executed density bonus/incentive agreement and land
use restriction covenant which shall be recorded for the development site prior to issuance
of building permits.
(b) The units designated as affordable to very low income households, low income households,
or designated for senior households, shall be maintained as rental units, unless the
developer by application pursuant to Section 13-158 APPLICATION AND REVIEW PROCESS
requests ownership units and proposes in writing an affordable maintenance program that is
acceptable to the City.
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(c) The designated units shall represent a proportionate mix of dwelling unit square footage and
number of bedrooms per unit, of the entire housing project.
Sec. 13-158. APPLICATION AND REVIEW PROCESS
(a) Preliminary application. A developer of a qualified housing project may submit a preliminary
application pursuant to this article prior to the submittal of any formal requests for
approvals for a housing project development.
Within 30 days of receipt of the application, the Planning Division shall provide to the _
applicant, the procedures for compliance with this article, a copy of this article and related
policies, the pertinent sections of the State Codes to which reference is made in this article,
and a density bonus or incentives application.
(b) Submittal. The completed formal application shall include the following information.
(1) A legal description of the total site proposed for development including a statement
of present ownership and present and proposed zoning.
(2) A letter signed by the present owner stating how the project will comply with State
Government Code Section 65915 and stating what is being requested of the City,
i.e., density bonus and another concession or incentive or equivalent in -lieu
incentives.
(3) A pro -forma for the proposed project to justify the requested concession or
incentive and to establish the land valuation per dwelling unit of bonus units.
(4) A management plan for complying with the maintenance of the designated units
regarding income qualification documentation and rent or sale price documentation.
(5) Site plan and supporting plans per the planning application submittal requirements. '
(c) Review. The review of an application for a density bonus or incentive request shall be
processed as a planning application pursuant to CHAPTER III PLANNING APPLICATIONS. If
the application involves a request for direct financial incentives, then any action by the
Planning Commission on the application shall be advisory only, and the City Council shall
have the authority to make the final decision on the application.
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ARTICLE 5. ELECTRONIC GAME MACHINES
Sec. 13-159. PURPOSE
The purpose of this article is to identify the development standards for regulating electronic game
machines.
Sec. 13-160. CONDITIONAL USE PERMIT REQUIRED
_ It shall be unlawful and a misdemeanor to establish or operate 4 or more electronic game machines
upon the premises of any business establishment without first obtaining the discretionary approval
noted below, in addition to other permits or certificates required by law.
(a) A minor conditional use permit shall be required when the proposed electronic game
machines are incidental to the primary use of a business establishment.
(b) A conditional use permit shall be required when the proposed electronic game machines are
the primary use of the business establishment.
Sec. 13-161. DEVELOPMENT STANDARDS
The following development standards and regulations shall apply to all business establishments
containing 4 or more electronic game machines in the City and shall be conditions imposed upon
the granting of any minor conditional use permit or conditional use permit. Additional development
standards of the applicable zoning district shall also be applied as appropriate.
a (a) All electronic game machines within the premises shall be visible to and supervised by an
adult attendant. The attendant shall be present at all times when any electronic game
machine is being operated.
(b) The supervision of the patrons on the premises shall be adequate to ensure there is no
conduct that is detrimental to the public health, safety and general welfare.
{c) During the school year, minors between the ages of 5 and 18 years shall not be allowed to
operate electronic game machines Monday through Friday, except legal school holidays,
between the hours of 8:00 a.m. and 3:00 p.m. unless accompanied by a parent, legal
guardian or an authorized agent of the school district. It shall be the responsibility of the
adult attendant to enforce this regulation.
(d) Outside security lighting shall be provided under the direction and upon the recommendation
_ of the Development Services and/or Police Departments.
Sec. 13-162. NONCONFORMING BUSINESS AMORTIZATION
Any premises containing 4 or more electric game machines as dvfincd in this article, in existence
and lawfully operating as of December 15: 1983, shall by December 15, 1982 either obtain a
conditional use permit or terminate the nonconforming use.
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ARTICLE 6. HOME OCCUPATIONS
Sec. 13-163. PURPOSE
The City Council hereby finds and declares that residential use of residentially zoned property is the
primary use. That subject to regulation and control, the property may have a secondary use of a
business or commercial nature so long as the secondary use is compatible with a residential
environment.
Sec. 13-164. PERMITS REQUIRED
No person shall engage in a home occupation, as defined in this Zoning Code, within any
residentially zoned area of the City without first applying for and securing a permit. No business
license shall be issued until a home occupation permit has been approved and issued. Home
occupations that generate customer traffic and do not involve more than one customer/client at a
time and no more than 8 customerstclients per day require the approval of a minor conditional use
permit pursuant to CHAPTER III PLANNING APPLICATIONS.
Sec. 13-165. APPLICATION PROCEDURES
(a) Applications for home occupation permits shall be filed with the Finance Division on forms
provided and must be accompanied by an application for a business license for the work
anticipated and the required fee.
(b) The Planning Division shall review all such permit applications within 4 days of the proper
filing to determine compliance with the purpose and intent of this article and the standards
set forth in Section 13-168 EVALUATION STANDARDS. The Planning Division may require
additional information from the applicant in order to make the determination.
(c) The Planning Division shall approve, approve with modifications, or deny any application for
a permit, based upon determination in accordance with the standards set forth in Section
13-168 EVALUATION STANDARDS.
Sec. 13-166. PERMIT FEE
Fees due, if any, shall be under the business license provisions of this Municipal Code.
Sec. 13-167. TERM OF PERMIT
Any issued home occupation permit shall remain valid until revoked and shall not be transferred,
assigned or used by any person other than the original permittee, nor shall such permit authorize
any home occupation at any location other than the designated one for which the permit was
issued.
Sec. 13-168. EVALUATION STANDARDS
The Planning Division shall apply the following standards in evaluating each application to
determine if the anticipated home occupation may be allowed.
(a) There shall be no employment of persons other than permanent residents of the premises.
(b) There shall be no direct sale of products, either wholesale or retail on the premises.
(c) No more than one room in the dwelling may be used for the home occupation.
1d) No building, space outside of the main building, or garage, attached or detached, shall be
used for the home occupation. Storage of necessary supplies or equipment used in the
home occupation may be permitted in a garage if the storage does not diminish the usable
parking space in the garage.
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(e) There shall be no use of utilities or community facilities beyond that normal to the
residential use of the property.
(f) No use of material or mechanized equipment not recognized as being associated with a
normal household use or hobby is permitted.
(g) The structure or appearance of the exterior of the dwelling shall not be altered or remodeled
for home occupational purposes either by color, materials, construction, lighting, or in any
other way. No part of the interior of the structure shall be remodeled for home occupation
purposes other than the interior of the room where the home occupation is being
conducted.
(h) No signs shall be displayed in connection with the home occupation, and there shall be no
advertising using the home address, with the exception of advertising in the telephone
directory.
{i) The home occupation shall not involve the use of commercial vehicles for delivery of
materials to or from the premises, other than a vehicle of no more than one ton capacity,
owned by the operator of the home occupation, which shall be stored in an entirely
enclosed garage. The storage of equipment such as trailers, tractors, trucks in excess of
one ton, wheeled construction equipment, etc. is not permitted.
(j) The home occupation shall not generate pedestrian or vehicular traffic beyond that normal
to the neighborhood where it is located.
(k) The home occupation shall not result in or generate parking or storing of commercial
vehicles on public streets. Commercial vehicles are defined in the State Vehicle Code and,
in addition, shall include construction equipment and any other mobile paraphernalia used in
connection with the home occupation.
Sec. 13-169, REVOCATION AND APPEAL PROCEDURES
(a) Any home occupation permit may be revoked by the Planning Division at any time after its
issuance if that the Planning Division notifies the permittee, in writing, of the decision to
revoke the permit. The notice shall state the reasons for the action and shall refer to the
appeal procedures prescribed in TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW
PROCEDURE. The existence of any one or more of the following factors shall be sufficient
grounds for revocation of the permit:
(1) Violation of any requirement of Section 13-168 EVALUATION STANDARDS;
(2) That the use has become detrimental to the public health or safety, or is deemed to
constitute a nuisance;
(3) That the Germit was obtained by misrepresentation;
(4) That ti^r': , ;e for whi&- .he penrlit was @zanted has ceased or has been suspended
for 6 consecutive months or more; or
(5) That the conditions of the premises, or of the district of which it is a part, have
changed so that the use may no longer be justified under the purpose of this article.
ib) The decision of the Planning Division may be appealed pursuant to TITLE 2, CHAPTER IX
APPEAL, REHEARING AND REVIEW PROCEDURE.
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ARTICLE 7. MINI -WAREHOUSES
Sec. 13-170. PURPOSE
The purpose of this article is to identify the development standards for mini -warehouses. —
Sec, 13-171. DEVELOPMENT STANDARDS
(a) Exterior finish. The exteriors shall be of finished quality. Metal containers are prohibited. —
(b) Landscaping. A landscaped strip, a minimum of 5 feet in width, shall be provided where
subject property abuts any residential district. The 5 foot landscaped strip shall be designed —
to provide screening of the site from residential properties.
(c) Screening. A minimum 6 foot high decorative block wall shall be installed along property
lines and street setback lines under the direction of the Planning Division. Overhead access
doors shall be screened from off-site.
(e) Use restrictions.
(1) No facility shall be used for;
a. Any business activity (other than rental of storage units) including y
miscellaneous or garage sales, and transfer/storage businesses which utilize
vehicles as part of the business; or
b. Servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any
similar equipment.
(2) All rental contracts shall include clauses prohibiting:
a. The storage of flammable liquids, highly combustible or explosive materials,
or hazardous chemicals; and
b. The use of the property for uses other than storage. —
(3) A resident manager shall be required on the site and shall be responsible for
maintaining the operation of the facility in conformance with the conditions of —
approval and all applicable ordinances. This requirement may be waived by the final
review authority, if alternative security measures are found acceptable.
(f) Parking requirements, —
(1) 2 covered parking spaces adjacent to the manager's quarters, if applicable.
(2) One parking space for every 200 storage cubicles or fraction thereof shall be —
located adjacent to the project office. A minimum of 2 such spaces shall be
provided.
(3) Parking shall be provided by parking/driving lanes adjacent to the buildings. These
lanes shall be at least 26 feet wide when cubicles open onto one side of the lane
only and at least 30 feet wide when cubicles open onto both sides of the lane. —
(4) Required parking spaces may not be rented as, or used for vehicular storage.
However, additional parking area may be provided for recreational vehicle storage,
provided that it is adequately screened under the direction of the Planning Division.
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ARTICLE 8. MOTELS
Sec. 13-172. PURPOSE AND INTENT
The purpose of this article is to establish operational and development standards, and requirements
for motels which will ensure the continued availability of transient visitor and automobile tourist
lodging within the City and to ensure the continued use of motels in the manner intended to provide
such lodging.
Sec. 13-173. OPERATIONAL AND DEVELOPMENT STANDARDS
The following operational and development standards shall apply to all motels in the city and shall
be included in conditions imposed upon the granting of any conditional use permit for such
business, unless specifically modified by the conditional use permit:
1a) No more than 25 percent of the total number of rooms in any motel shall be rented to
persons whose occupancy exceeds 28 consecutive days or 28 days in any 60 consecutive
day period, except where a conditional use permit has been obtained as permitted in
Section 1 3-'174 CONDITIONAL USE PERMIT FOR EXTENDED OCCUPANCIES. This
Provision shall not apply to a maximum of 2 units per motel designated for occupancy by
paid employees.
(b) On-site management shall be available 24 hours a day.
;c) Each guest room shall be provided regularly -scheduled maid and housekeeping services.
Such services shall be provided at least once every 3 days during any consecutive
occupancy and at least once between each occupancy.
(d) In -room telephone service for emergency response purposes shall be provided in all guest
rooms of the motel.
(e) Persons responsible for the renting of a room in any motel shall provide their name and
Permanent address, as verified by presentation of a valid driver's license or other valid
identification, and the license number, state of license, make, model and year of any vehicle
parked on-site or off-site. The registration information shall also include the dates of
mzintained for at lea
occupancy, length of stay and room rate, Such information shall be st
30 days past the last day of stay of the guest and shall be made available for inspection
upon request by sworn personnel of the Costa Mesa Police Department or City Building
Official.
f) No room, suite or bed shall be assigned or rented more than twice within any 24-hour
period.
g) The property owner/morel ,operator shall comply with the provisions of Chapter IV of Title
1 F Of I -e Cos,,. Mesa : 'linicipal Cade pertaining ti, the oper-itor's respor'sibility for the
collection of tra isient Occupancy tax.
h) The business shall be conducted, at all times, in a manner that will allow the safe and quiet
enjoyment of the surrounding neighborhood which includes, but is not limited to, security
and operational measures to comply with this requirement.
Sec. 13-174. CONDITIONAL USE PERMIT FOR EXTENDED OCCUPANCIES
operator/owner may rent rooms for extended periods exceedin1) Notwithstanding Section 13-173(a) OPERATIONAL AND DEVELOPMENT STANDARDS, a motel
g 28 consecutive days or 2$
days in any 60 consecutive day period, upon approval of a conditional use permit. In reviewing
the conditional use permit, the Planning Commission shall consider the following criteria:
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(a) At least 90 days before filing a conditional use permit application for a proposed hazardous --
waste facility, the applicant shall file a notice of intent to make an application with the
Office of Permit Assistance (OPA) in the State's Office of Planning and Research (OPR) and
with the Development Services Director. The notice of intent shall contain a complete
description of the nature, function and scope of the project. The OPA shall immediately
notify affected State agencies of the notice of intent. The City shall publish a notice in a
newspaper of general circulation in the area affected by the proposed project, shall post
notices in the location where the project is proposed, and shall notify, by a direct mailing,
the owners of record and tenants of all property within a 300 foot radius of the boundary of
the project site. A greater radius of notification, up to 1000 feet, may be required at the
discretion of the Development Services Director. A notice of intent is not transferable to a
location other than the location specified in the notice, and it shall remain in effect for one
year from the date it is filed or until it is withdrawn by the applicant, whichever is earlier.
The applicant shall also provide for the notification area, a surrounding ownership map, a
list of names and mailing addresses of all tenants and property owners of record, and one
set of mailing labels for all tenants and property owners per the specifications of the
Planning Division.
The City shall impose a fee upon the applicant equal to the cost of notification required by
this section. The fee shall be established by resolution of the City Council.
(b) Within 90 days after a notice of intent is filed with the OPA, the OPA shall convene a public
meeting within the City to inform the public on the nature, function, and scope of the
proposed project and the procedures that are required for approving the project application.
The Development Services Director shall coordinate with OPA regarding the meeting's
location and time and shall provide a notice of the meeting.
(c) Anytime after receiving a notification of the filing of a notice of intent, but no later than 30
days after the application is accepted as complete, the City Council shall appoint a seven
member Local Assessment Committee (LAC) in conformance with State Health and Safety
Code Section 25199.7(d). The City shall provide staff resources to assist the LAC in
performing its duties. The City shall charge the applicant a fee to cover the City's costs of
establishing and convening the LAC; the fee shall be established by City Council resolution
and shall accompany the conditional use permit application. _
(d) The Development Services Director shall notify the OPA within 10 days after the conditional
use permit application is accepted as complete. Within 60 days after receiving this notice,
the OPA will convene a meeting of the lead and responsible agencies for the project, the
applicant, the LAC and the interested public, for the purpose of determining the issues
which concern the affected agencies and the public pursuant to State Health and Safety
Code Section 25199.7(e). The meeting shall take place in the City and shall be noticed
pursuant to subsection (a).
(e) Following tl"a meeting as :specified in subsection (d), the applicant and the LAC shall meet
and confer on the proposed hazardous waste facility for the purpose of establishing the
terms and conditions under which the project will be acceptable to the community.
(f) If the LAC finds that it requires assistance and independent advice to adequately review a
proposed project, it may request technical assistance grants from the City to enable the
LAC to hire a consultant to assist and/or advise the LAC. The LAC may use the available
technical assistance grant funds to hire a consultant to do either or both of the following:
(1} Assist the LAC in reviewing and evaluating the project's application, environmental
documents and any other documents, materials and information that are required by
a public agency in connection with the conditional use permit application.
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(2) Advise the LAC in its meetings and discussion with the applicant to seek agreement
on the terms and conditions under which the project will be acceptable to the
community.
The applicant shall pay a fee, in addition to the fee set forth in subsection (c), to the
City equal to the amount of any technical assistance grant provided to the LAC.
The City shall deposit any fee imposed in an account created in the City, maintain
records of all expenditures from the account, and return any unused funds and
accrued interest at the legal rate to the applicant upon completion of the review of
the proposed project.
(g) If the LAC and the applicant cannot resolve any differences through the meetings, the OPA
may assist in this resolution pursuant to State Health and Safety Code Section 25199.4.
(h) At the request of the applicant, the City Council shall, within 60 calendar days after the
application is determined complete, issue an initial written determination on whether the
hazardous waste facility is consistent with both the General Plan and Zoning Code in effect
at the time the application was received, and the County Hazardous Waste Management
Plan.
(i) Upon completion of the project review by the LAC, and all necessary environmental review,
the Planning Commission shall hold a public hearing on the conditional use permit and make
its recommendation to the City Council in writing. The recommendation shall include a
statement of whether or not the proposed hazardous waste facility complies with the
findings contained in Section 13-184 FINDINGS.
(j) After the Planning Commission has made its recommendation, the City Council shall hold a
public hearing and shall approve, disapprove, or conditionally approve the request based on
the findings contained in Section 13-184 FINDINGS and, where applicable, the findings
contained in Section 13-179(b) CONDITIONAL USE PERMIT REQUIRED.
The City Council may impose conditions on granting a conditional use permit in order to
achieve the purposes of this article and the General Plan and to protect the health, safety,
and general welfare of the community.
(k) An applicant may file an appeal of a decision made by the City Council with the appeal
board as provided in State Health and Safety Code Section 25199.9.
Sec. 13-183. PUBLIC NOTICES
Public notices required by this article shall be given consistent with the requirements of State
Government Code Section 65091 and shall be given, at least 10 days prior to the date of the public
hearing, in all of the following manners:
(a) Mailing by first class mail or delivery to the applicant, to each owner of record of the
property affected, and to all owners of property of record within the required notification
area.
(b) Mailing by first class mail or delivery to Mesa Consolidated Water District and/or Santa Ana
Heights Water Company, Costa Mesa Sanitary District, County Sanitation Districts of
Orange County, and Newport Mesa Unified School District and/or Santa Ana Unified School
District.
(c) Mailing by first class mail to any person and/or agency that has filed a written request with
the Development Services Director.
(d) Publication at least once in a newspaper of general circulation published and circulated in
the City.
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Sec. 13-184. FINDINGS
At a minimum, the following findings shall be made in writing by the City Council prior to approval
of a conditional use permit:
(a) The proposed hazardous waste facility is substantially compatible with developments in the
same general area and would not be materially detrimental to other properties within the
area.
(b) Granting the conditional use permit will not be materially detrimental to the health, safety
and general welfare of the public or otherwise injurious to property or improvements within
the immediate neighborhood.
1c) Granting the conditional use permit will not allow a use, density or intensity which is not in
accordance with the General Plan designation and any applicable specific plan for the
property.
(d) The project will not be detrimental to the health, safety or general welfare of the
community.
(e) The project site is or will be adequately served by roads and other public or private service
facilities.
(f) The project will be consistent with the Regional Fair Share Facility Needs Assessment, siting
policies, and facility siting criteria established in the County Hazardous Waste Management
Plan.
(g) Where applicable, the findings in Section 13-179(b) CONDITIONAL USE PERMIT REQUIRED.
Sec. 13-185. APPEALS
1a) In the event the City Council approves the conditional use permit, its action shall be final
unless appealed pursuant to subsection (b).
(b) An applicant or an interested person may file an appeal of a land use decision made by the
City Council to the appeal board within 30 days after the date the City Council takes final
action on the conditional use permit pursuant to the procedures set forth in State Health
and Safety Code Sections 25199.9 - 25199.14.
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ARTICLE 10. TEMPORARY TRAILERS
Sec. 13-185. PERMIT REQUIRED
It is unlawful to place, use or occupy any trailer coach, mobile home or modular structure of a
temporary nature for residential or nonresidential use upon any property without a permit. This
regulation does not apply to storage of trailers or to those that are used as dwelling units within an
authorized trailer park or mobile home park.
Sec. 13-187. TEMPORARY REAL ESTATE OFFICES
Temporary trailers may be approved by the Planning Division for real estate offices related to the
sale of lots or dwelling units in any approved subdivision. The approval period shall be limited to a
period of one year; extensions of time may be granted by the Development Services Director for
good cause. Building permits shall be required.
Sec. 13-188. OTHER USES
la) With the exception of a real estate office noted above, a minor conditional use permit shall
be required for the use of a temporary trailer on any property. Application for a minor
conditional use permit shall be made and processed in accordance with the procedures set
forth in CHAPTER III PLANNING APPLICATIONS.
(b) The approval shall typically be limited to one year; however, the Zoning Administrator may
grant additional time based on the merits of the proposal.
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ARTICLE 11. TRANSITIONAL AREAS
Sec. 13-189. PURPOSE
The City Council recognizes that areas in developed zoning districts may change in their use
gradually, and thus become transitional in nature. This article is adopted for the purpose of
enabling the City Council to authorize the broadest and best use of the properties, regardless of the
present zoning, within such changing areas during the transitional period.
Sec. 13-190. ESTABLISHMENT OF TRANSITIONAL AREAS
Upon recommendation of the Planning Commission, the City Council may by resolution designate
an area as a transitional area. However, no area less than one city block in length shall be
designated a transitional area.
Sec. 13-191. USES PERMITTED IN TRANSITIONAL AREAS
(a) Initial adoption. Upon recommendation of the Planning Commission, the City Council shall
adopt by resolution the additional uses allowed in any transitional area. The additional uses
listed in the resolution shall be permitted without variance, conditional use permit or rezone.
(b) Modifications. The Planning Commission may by resolution make modifications, additions
and/or deletions to the uses allowed in any transitional area.
Sec. 13-192. WEST 19TH STREET TRANSITIONAL AREA —
The residential area on West 19th Street which includes the street addresses of 854 through 1014
West 19th Street (even numbers only) and 1903 Federal Avenue is designated a transitional area.
Specific commercial uses permitted in this transition zone shall be pursuant to a resolution of the
Planning Commission.
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ARTICLE 12. TRANSPORTATION DEMAND MANAGEMENT
Sec. 13-193. PURPOSE
This article is intended to meet the requirements of State Government Code Section 65089(b)(3)
which requires development of a trip reduction and travel demand element to the Congestion
Management Program, and Section 65089.3(b) which requires adoption and implementation of Trip
Reduction and Travel Demand Ordinance.
Sec. 13-194. DEFINITIONS
For purposes of this article, the definitions for the following terms shall apply:
Alternative transportation modes Any mode of travel that serves as an alternative to the single
occupant vehicle, during peak hours of traffic operations (i.e. 6:00 a.m. to 10:00 a.m. and 4:00
P.m. to 6:00 p.m.), This can include all forms of ridesharing such as carpooling or vanpooling, as
well as public transit, bicycling or walking.
Applicable development. Any new development project that is determined to meet or exceed the
employment threshold using the criteria contained in Section 13-196 APPLICABILITY.
Employee. Any person employed by a firm, person(s), business, educational institution, nonprofit
agency or corporation, government agency or other entity which employs 100 or more persons at a
single worksite.
Employment generation factors. Factors for projecting the potential employment of any proposed
development project.
Employer. Any person(s), firm, business, educational institution, government agency, nonprofit
agency or corporation or other entity which employs 100 or more persons at a single worksite, and
may either be a property owner or tenant of an applicable development project.
Facility(ies). The total of all buildings, structures and grounds that encompass a worksite, at either
single or multiple locations, that comprises or is associated with an applicable development project.
New development proiect Any nonresidential project being processed where some level of
discretionary action by a decision-making body is required.
Transportation demand masa ernent TDM . Development and implementation of programs, plans,
reports or policies designed to encourage changes in individual travel behavior. TDM can include an
emphasis on alternative travel modes to the single occupant vehicle such as carpools, vanpools and
transit; reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle
commutes to other than the peak periods.
Sec. 13-195. POLICY
New commercial, industrial and mixed-use development including employment centers of 100
persons or more may adversely impact existing transportation and parking facilities, resulting in
increased motor vehicle emissions, deteriorating levels of service, and possible significant additional
capital expenditures to augment and improve the existing transportation system. In order to more
efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it
is the policy of the City to:
fa} Reduce the number of peak -period vehicle trips generated in association with additional
development.
fb) Promote and encourage the use of alternative transportation modes such as rid esharing,
carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those
facilities that support such modes.
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fc) Achieve related reductions in vehicle trips, traffic congestion and public expenditure and
achieve air quality improvements through utilization of existing local mechanisms and
procedures for project review and permit processing. _
(d) Promote coordinated implementation of strategies on a countywide and citywide basis to
reduce transportation demand.
(e) Achieve the most efficient use of local resources through coordinated and consistent
regional and/or local TDM programs.
Sec. 13-196. APPLICABILITY
(a) This article shall apply to all new development projects that are estimated to employ 100 or
more persons as determined by the methodology contained in subsection (b).
(b) For purposes of determining whether a new development project is subject to this article,
the total employment figure will be determined as follows:
{ 1} Employment projections developed by the project applicant, subject to approval by
the Development Services Director.
(2) Employment projections developed by the City using the following employee
generation factors:
Land Use Category Gross Square Feet Per Employee '
Commercial 500
Office/Professional 250
Industrial 525
Motel 0.8 employeesiroom
Hotel 1 .2 employees/room
Hospital/medical and
dental offices 400
Warehouse 1.000
(c) The employment projection for a development of mixed or multiple uses shall be calculated
based upon the proportion of development devoted to each type of use.
Sec. 13-197. FACILITY STANDARDS
All applicable developments shall be subject to the facility standards as specified in this section and
shall provide one or more of the improvements identified below:
(a) Preferential parking for carpool vehicles: —
(11 At least 15 percent of the employee parking spaces shall be reserved and
designated for carpool vehicles by marking such spaces "Carpool Only".
(2) Carpoof spaces shall be used only by carpool vehicles in which at least 2 of the
persons will be employees or tenants of the proposed project, or where a reciprocal
preferential carpool parking agreement with other developments has been
established.
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(3) Such carpool spaces shall be located near the building's employee entrance(s) or at
other preferential locations within the employee parking areas as approved by the
— Planning Division.
(The intent of this section is not to preclude parking agreements for visitors and
T handicapped, but to provide preferential carpool parking within the general employee
parking areas. The factors listed below shall be used to determine the number of
employee parking spaces.)
(4) The total number of employee parking spaces shall be determined by using the
following factors as specified in CHAPTER Vi OFF-STREET PARKING STANDARDS.
y Type of Use Percent of. Total Parking Devoted to Employee Perkins
Commercial 34
Office/Professional 85
Industrial/Warehouse 90
Hotel/Motel 30
Hospital, medical and
dental offices 55
(b) Bicycle parking and shower facilities. Bicycle parking and locker facilities shall be provided
in a secure location for use by employees or tenants who commute to the site by bicycle or
Walk in accordance with the following standards:
(1) The number of bicycle facilities/racks shall be provided at the rate of at least one
rack for every 50 employees or fraction thereof. The maximum number of bicycfe
parking spaces required for less than 1,000 employees shall be 20 spaces and 30
spaces for 1 ,000 or more employees. All required bicycle parking facilities shall be in
secured location(s) as approved by the Transportation Services Manager.
(2) Shower and locker facilities shall only be required in new buildings of 100,000
square feet or more. A minimum of 2 showers and 4 lockers shall be provided for
both female and male employees.
(c) Information on transportation alternatives.
(1) A commuter information area shall be provided that offers employees appropriate
information on available transportation alternatives to the single occupant vehicle.
This area shall be centrally located and accessible to all employees or tenants.
(2) Information in the area shall include, but not be limited to, the following:
Y a. Current maps, routes and schedules for public transit.
b. Ridesharing match lists.
C. Available employee incentives.
d. Ridesharing promotional material supplied by commuter oriented
organizations.
(d) Rideshare vehicle loading areas.
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(1) The need for, design, and location of passenger loading areas for passengers to
embark and disembark from rideshare vehicles shall be reviewed by the
Transportation Services Manager.
(2) Passenger loading areas shall be of a size large enough to accommodate the number
of waiting vehicles equivalent to the rate of at least 5 spaces per every 100 of the
required parking spaces for the project.
(3) The passenger loading areas shall be located as close as possible to the building's
employee entrance(s), and should be designed in a manner that does not impede
vehicular circulation in the parking area.
le) Vanpool vehicle accessibility.
(1) The need for, design, and location of passenger loading areas for passengers to
embark and disembark from vanpool vehicles - shall be reviewed by the
Transportation Services Manager.
(2) The design of all parking facilities shall incorporate provisions for access and parking
of vanpool vehicles.
(3) Where applicable, vanpool vehicle accessibility shall include a minimum of 7 feet
and 2 inches vertical clearance for those parking spaces and ramps to be used by
such vehicles.
(4) Vanpool parking spaces shall be located near the building's employee entrance(s) or
other preferential locations as approved by the Transportation Services Manager.
(5) The number of accessible vanpool parking spaces shall be at the rate of at least 5
per cent of the total required employee car pool parking spaces as determined in
Section 13- 197(a)(4) FACILITY STANDARDS.
If) Bus stop improvements.
(1) The need for, design and location of potential improvements at area bus stops shall
be reviewed by the Transportation Services Manager.
(2) Bus shelters, pullouts, and pads, shall be provided as necessary in consultation with
and approval by the affected transit service providers.
Sec. 13-198. PARKING INCENTIVES
The total number of employee parking spaces as defined in Section 13-197 FACILITY STANDARDS
may be reduced by the following factors:
(a) Additional carpooi/vanpool parking. One and one-half employee parking spaces may be
eliminated for each additional carpool or vanpool space provided in excess of the number
required by Section 13-197 FACILITY STANDARDS. However, such reduction shall not
exceed 3 percent of the total employee parking spaces. —
;b) Additional bicycle parking and shower/locker facilities. New development projects may
reduce the required number of employee parking spaces for additional bicycle parking and
shower/locker facilities provided in excess of that required by Section 13-197 FACILITY —
STANDARDS. However, such reduction shall not exceed 3 percent of the total employee
parking spaces.
Sec. 13-199. IMPLEMENTATION AND MONITORING
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For the purpose of determining whether applicable developments are in compliance with the
provisions of this article, the Planning Division shall monitor such compliance in a manner it deems
appropriate and reasonable. Monitoring mechanisms to verify compliance with the facility
standards required under Section 13-197 FACILITY STANDARDS may include, but not be limited
to, the following:
Ia) Current procedures for site development plan review as appropriate.
(b) Field/site inspections.
(c) Other building site reportstsurveys which the City may deem appropriate.
R Sec. 13-200. ENFORCEMENT AND PENALTIES
For purposes of ensuring that applicable developments comply with the provisions of this article,
the City shall, following written notice to subject property owner or designee (employer), initiate
enforcement action(s) to enforce compliance with the facility standards under Section 13-197
FACILITY STANDARDS, which may include, but not be limited to, the following:
— (a) Withholding issuance of a building permit or certificate of use and occupancy.
(b) Issuance of stop work order(s).
(c) Enforcement as provided in CHAPTER I GENERAL. ARTICLE 4 ENFORCEMENT.
149
CHAPTER X. NONCONFORMING USES, DEVELOPMENTS AND LOTS
Sec. 13-201. PURPOSE
The purpose of this chapter is to identify the development parameters regarding nonconforming uses,
developments and lots.
Sec. 13-202. DEFINITIONS
The following terms and phrases when used in this chapter shall have the meanings ascribed to them
in this section, except where context clearly indicates a different meaning:
Conforming use. An existing and legally established use which is permitted in a particular zone by this
Zoning Code.
Conforming development. An existing and legally established development which conforms to the
development standards required by this Zoning Code.
Nonconforminq development. An existing and legally established development which no longer
conforms to the development standards required by this Zoning Code.
Nonconforming dwelling unit. An existing and legally established dwelling unit which no longer
conforms to the development standards required by this Zoning Code or which is located in a district
where it is no longer permitted.
Nonconformin lot. An existing and legally established lot not complying with the minimum area and
dimension standards required by this Zoning Code.
Nonconforming mobile home park An existing and legally established mobile home park which no
longer conforms to the development standards or location provisions required by this Zoning Code.
Nonconforming use. An existing and legally established use which is located in a district where it is
no longer permitted by this Zoning Code.
Nonconforming use of land or of land with minor structures only. An existing and legally established
use which is located in a district where it is no longer permitted by this Zoning Code and where such
use involves no individual structure with a replacement cost exceeding $5,000.00.
Sec. 13.203. MAINTENANCE AND REPAIR
(a) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any
structure or part thereof declared to be unsafe, except as noted in Subsection (b), by order of _
any official charged with protecting the public safety, nor shall it prevent alterations necessary
for compliance with requirements of ether governmental agencies.
(b) If a nonconforming development or portion of a development containing a nonconforming use --
becomes physically unsafe or unlawful because of lack of repairs or maintenance and is
declared by any duly authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the
regulations of the district in which it is located.
Sec. 13-204. NONCONFORMING PROVISIONS
The following table identifies the provisions governing nonconforming uses and/or developments.
150
151
TABLE 13-204
NONCONFORAIING PROVISIONS
USES
TYPE OF USE
CONTI1NUANCE OF A USE PERMITTED
CHANGE OF USE PERMITTED
.Conforming Use in a Nonconforming
YES- No restrictions on use.
YES - Exception: If the development has less parking
Development
than required for the existing conforming use, the
existing use may not be replaced with a use requiring
more parking unless the additional parking required
for the new use is provided. Other uses on the same
site may continue with the existing nonconforming
parking.
Nonconforming Use in a Conforming
or Nonconforming Structure:
Nonresidential Structures
YES - However, when a nonconforming use is
YES - Any nonconforming use may be changed to
discontinued or abandoned for 6 consecutive
another nonconforming use provided that the
months or for 18 nonconsecutive months
Development Services Director finds that the
during any three-year period (except when
proposed use is equally appropriate or more
government action impedes access to the
appropriate to the district than the existing
premises) or when it is replaced for any time
nonconforming use. In permitting such a change, the
period by a conforming use, the development
Development Services Director may require
shall not thereafter be used except in
appropriate conditions and safeguards in accordance
conformity with the regulations of the district
with the provisions of this Zoning Code and/or may
in which it is located. For purposes of this
require reasonable alterations to the premises to
chapter, a discontinued use shall not require a
bring them into greater conformance with the
determination of the voluntary or involuntary
requirements for the district. Structural alterations,
nature of the discontinuance or the intent to
conforming to the provisions of this Zoning Code,
resume the nonconforming use.
may be approved by the Development Services
Director provided that it is determined that the
proposed alterations do not extend the life of the
______________________ ---------------------------
nonconforming use.
Residential Structures
YES - However, when a nonconforming use is
YES However, only to a use conforming to the
discontinued or abandoned for any period of
provisions of this Zoning Code.
time, it may not be reestablished.
All subsequent uses iii the residential structure
shall conform to this Zoning Code.
Nonconforming Mobile Home Parks
YES - A nonconforming mobile home park
YES - However, the conversion is subject to the
may continue unless and until no one resides
procedures for Mobile Home Park Conversions in
onsite for a continuous period of 6 months.
CHAPTER III PLANNING APPLICATIONS.
Nonconforming Use of Land or Land
with Minor Structures only
1. Legally established agricultural uses may
YES - However, only to a use conforming to the
continue until the land is developed.
provisions of this Zoning Code.
2 If thF usr i, discontinued or abilidorwd for
any period of time, ah subsequent uses shall
conform to this Zoning Code.
3. No nonconforming use shall be enlarged or
increased, nor extended to occupy a greater
area of land than was occupied at the time it
became nonconforming.
4. No nonconforming use shall be moved in
whole or in part to any portion of the lot other
than that occupied by such use at the time the
use became nonconforming.
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TABLE 13-204(CONTINUED)
DEVELOPMENTS
II TYPE OF DEVELOPMENT I ALTERATION OF DEVELOPMENT I REBUILDING AFTER DESTRUCTION II
All Nonresidential Developments
containing Nonconforming Uses
Nonconforming Nonresidential
Developments containing Conforming
Uses
Nonconforming Use of Land or Land
with Minor Structures only
No existing development devoted to a
nonconforming use shall be structurally altered
except in changing the use of the development
to a conforming use. Except that structural
alterations, conforming to the provisions of this
Zoning Code, may be approved by the
Development Services Director provided that it
is determined that the proposed alterations do
not extend the life of the nonconforming use.
Ordinary maintenance shall be permitted.
Alterations may be made provided that all of
the following criteria are met:
1. The alteration itself complies with all
applicable sections of this Zoning Code and
other codes;
2. In permitting such an alteration, the
Dev -iopment c :rvices Director may require
appr,,4-riate c nditiors and ta;zguards in
accordance r. , the provisions of this Zoning
Code and/or may require reasonable alterations
to the development to bring it into greater
conformance with the standards for the district;
and,
3. The development will not be made more
nonconforming.
No nonconforming structure shall be erected or
altered in connection with the nonconforming
use of land.
152
Ile following provisions shall apply to the reconstruction of
legal nonconforming commercial, industrial and institutional
developments. Any reconstruction allowed must be started
within a period of one year and carried out diligently to
completion. An extension of time to start the restoration
may be granted for good cause by the Development Services
Director.
1. Should a nonconforming commercial, institutional or
industrial development or nonconforming portion of a
commercial, institutional or industrial development be
destroyed to an extent of more than 50 percent of the market
value, it shall not be reconstructed unless such destruction is
unintentional.
In the case of unintentional destruction, the development
may be restored to its original building intensity (floor area
ratio) and use provided that:
The rebuilding complies with all other applicable
sections of this Zoning Code and other codes
including but not limited to the following
development standards: building setback, lot
coverage, building height, parking, open space
and landscaping.
b. The rebuilding would not increase the
development's nonconformity
2. Should a nonconforming commercial, institutional or
industrial development or nonconforming portion of a
commercial, institutional or industrial development be
unintentionally destroyed by any means to an extent of 50
percent or less of the market value, the structure may be
restored and the occupancy or use of such structure or part
thereof may be continued or resumed provided that the
restoration is of an equal or lesser degree of nonconformity.
TABLE 13-204 (CONTE\'UED)
DEVELOPINIENTS (continued)
TYPE OF DEVELOP&fENT
ALTERATION OF DEVELOPMENT
REBUILDIlNG AFTER DESTRUCTION
Nonconforming Dwelling Units
Alterations may be made to nonconforming
The following provisions shall apply to the
containing Conforming Uses
dwelling units provided the following criteria
reconstruction of legal nonconforming dwelling
are met:
units. Any reconstruction allowed must be started
1. The zone is residential;
within a period of one year and carried out diligently
2. The alteration or addition itself complies
to completion, An extension of time to start the
with all applicable sections of this Zoning
restoration may be granted for good cause by the
Code and other codes;
Development Services Director.
3. The addition does not occupy the only
L If the unit(s) in any residential zone is/are
portion of an area which can be used for
destroyed unintentionally by any means, to any
required garages, parking spaces or access
extent, the damage may be restored and the
thereto; and
occupancy continued or resumed provided that
4. The residential development will not be
the restoration is of an equal or lesser degree of
made more nonconforming.
nonconformity.
5. When the existing main building,
2. See Section 13-205 regarding provisions for
excluding architectural features, projects
multi-family zones.
into required setback areas, minor
3. Should a legally constructed dwelling unit in a
building additions may encroach into
commercial or industrial zone be destroyed by
required setback areas with approval of a
any means to an extent of more than 50 percent
minor modification.
of the market value, it shall not be
reconstructed.
4. Should a legally constructed dwelling unit in a
commercial or industrial zone be unintentionally
destroyed by any means to an extent of 50
percent or less of the market value, the structure
may be restored and the occupancy or use of
such structure or part thereof may be continued
or resumed provided that the restoration is of an
equal or lesser degree of nonconformity.
Nonconforming or Conforming
1. No existing development devoted to a
Dwelling Units containing
nonconforming use shall be structurally
Nonconforming Uses
altered except in changing the use of the
development to a conforming use. Except
that structural aherations, conforming to
the provisions of this Zoning Code, may
be approved by the Development Services
Director provided that it is determined
that the proposed alterations do not extend
the life of the nonconforming use.
Ordinary maintenance shall be permitted.
2. In nonconforming mobile home parks,
existing tnokil h0nirs may be replaced
fj
b./ other r:J, lit ;turves provided that the
total number of units within the mobile
home park is not increased and the mobile
home park will not be made more
nonconforming in respect to this Zoning
Code.
Nonconforming MobileHome Parks
153
Sec. 13-205. PROVISIONS FOR MULTI -FAMILY ZONES FOR REBUILDING AFTER DESTRUCTION.
(a) If units in the R2 -MD, R2 -HD, R3 or PDR zones are voluntarily demolished, an equal or lesser
number of units may be rebuilt so long as the development complies with all other applicable
sections of this Zoning Code and other codes. This includes but is not limited to the following
development standards: building setback, lot coverage, building height, parking, open space
and landscaping. Furthermore, the allowable density or number of units to be redeveloped
shall be limited to the General Plan rebuilding incentive for the current land use designation.
The resulting number of units shall not exceed the existing number of legal nonconforming
units nor be more than the number of units that would have been allowed on March 15,
1992. The rebuilding shall not increase the development's nonconformity.
(b) Consideration may be given through the Master Plan process, to allow rebuilding of existing
multiple family residential projects that do not fully meet all the other applicable sections of
this Zoning Code and other code standards. Consideration shall be given to the provision of
tandem parking for units requiring more than one dedicated parking space and for cantilevered
second story living areas over drive or yard areas. Through the Master Plan process, the
rebuilding project must demonstrate why strict compliance with each of the current standards
is either infeasible or unnecessary. In exchange for any deviation from current standards, the
project must provide additional amenities such as those listed below:
(1) Continuous use garages instead of carports for greater security.
(2) Useable open space with amenities.
(3) Flower beds and adequate lawns of sufficient area to create a useable recreation
area.
(4) Individual vegetable garden areas screened by hedges.
(5) Masonry planters, potted flowers and shrubs on decks and balcony flower boxes.
(6) Trellises with vines.
(7) Minimum size trees based on box size rather than gallons such that 30% or more of
the trees are a minimum 24 inch box size.
(8) CC&Rs to ensure landscape maintenance.
(9) On-site manager for projects of 15 units or less.
(10) Awnings, especially along the front for color and product definition, and a better
facade.
0 1) Stamped concrete or decorative at entrances and critical driveway intersections.
(12) Meandering rather than straight sidewalks.
(13) Terraced elevations at all sides to reduce scale and massing.
(14) Upgraded windows and doors for noise reduction.
(15) Covered/screened dumpsters for projects of 4 units or less.
(16) Concrete slab where the trash truck would stop to compact trash to prevent
damage, or contract for roll -off service so that the trash truck does not come on-
site.
(17) Orientation of units away from the street toward interior courtyards.
(18) Adequate lighting for security (beyond parking and driveway lighting required by
code.
(19) Gates and intercom system for security.
(20) Other amenities that enhance the project for the neighborhood.
(c) In reviewing the Master Plan, the Planning Commission shall decide if the degree of deviation
is warranted, if the proposed amenities are sufficient to offset the deviation, and if the
maximum allowable density shall be reduced due to the deviation.
(d) The Master Plan shall be processed as shown in CHAPTER III PLANNING APPLICATIONS.
(e) Findings. The findings necessary to grant the Master Plan are:
(1) Full compliance with current development standards would make rebuilding infeasible;
(2) The proposed rebuilding is substantially compatible with surrounding developments and
would not be materially detrimental to other properties in the area;
154
(b) Within the time frame established in State Government Code Section 66452.1 , the Planning
Commission shall hold a public hearing and shall either approve, conditionally approve or deny
the map pursuant to the procedures contained in CHAPTER Ill PLANNING APPLICATIONS.
fc) The Planning Commission may impose reasonable conditions upon the map's approval.
Sec. 13-216. DURATION OF APPROVAL, APPEAL AND ABANDONMENT
(a) After receipt of the report of the Planning Commission approving or conditionally approving
the tentative map, the subdivider may, within 24 months from the date of the approval,
proceed to prepare and file a final map as provided in this chapter. However, an extension of
time equal to no more than 12 months may be granted.
1b) If the extension is denied, the denial may be appealed to the City Council within 15 days.
(c) If a final map is not submitted prior to expiration, the map shall be deemed abandoned. The
map shall not be deemed abandoned, however, if the subdivider is required to construct,
improve or finance the construction or improvement of public improvements outside the
boundaries of the tentative map at a cost that is equal to or exceeds the cost established by
State Government Code Section 66452.6. This cost shall exclude improvements of public
rights-of-way which abut the boundary of the property to be subdivided and which are
reasonably related to the development of that property. In this circumstance each filing of a
phased final map authorized by State Government Code Section 66456.1 shall extend the
expiration of the approved or conditionally approved tentative map by 36 months from the
date of its expiration, as provided in this section, or the date of the previously filed final map,
whichever is later. The extension shall not exceed the tentative map more than 10 years from
its approval or conditional approval. The number of phased final maps which may be filed
shall be determined by the Planning Commission at the time of the approval or conditional
approval of the tentative map.
(d) The period of time specified in subsection (a) shall not include any period of time during which
a development moratorium applicable to the property which is the subject of the tentative
map, imposed after approval of the tentative map, is in existence. However, the length of the
moratorium shall not exceed 5 years. Once a moratorium is terminated, the map shall be valid
for the same period of time as was left to run on the map at the time the moratorium was
imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120
days following the termination of the moratorium.
Sec. 13-217. FILING PREREQUISITE TO SALE, LEASE, FINANCING, ISSUANCE OF BUILDING
PERMITS, OR COMMENCEMENT OF CONSTRUCTION
No lot may be sold, leased or financed, nor shall permits be issued or construction commenced prior
to the recordation of the final map with the County Recorder.
157
ARTICLE 2. VESTING TENTATIVE MAPS
Sec. 13-218. PURPOSE
The purpose of this article is to establish procedures for the implementation of Chapter 4.5
!commencing with Section 66498.11 of Division 2 of Title 7 of the State Government Code which
provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this
-chapter, the provisions of this article shall apply to the filing, processing and review of vesting —
tentative maps as the term is defined by State Government Code Section 66424.5.
Sec. 13-219. GENERAL
A vesting tentative map shall be filed in the same form and have the same contents, accompanying
data and reports as for a tentative map, except as hereinafter provided;
[a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the
words "Vesting Tentative Map." This requirement is mandatory, and any failure to comply
with it shall prevent the subdivider from obtaining the benefits provided by this article. —
ib) At the time a vesting tentative map is filed, a subdivider shall also supply the information
provided in the Planning Division's Subdivision Application.
(c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use —
approval applications, except for development review, are filed prior to or concurrently with
the map.
id) Whenever a subdivider files a vesting tentative map for a subdivision whose intended
development is inconsistent with the Zoning Code in existence at the time of filing, the
inconsistency shall be noted on the map by the subdivider. —
Sec. 13-220. CONSISTENCY
No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which
is inconsistent with the General Plan and any applicable specific plan or not permitted by this Zoning
Code.
Sec. 13-221. APPLICATION
(a) Whenever a provision of the Subdivision Map Act or this Zoning Code requires the filing of a
tentative map or parcel map, a vesting tentative map may instead be filed, in accordance with —
the provisions of this article.
(b) If a subdivider does not seek the rights conferred by the vesting tentative map statute, the
filing of a vesting tentative map shall not be a prerequisite to anv approval for any proposed
subdivision, permit for construction; or work preparatory to consto.Action.
Sec. 13-222. CONDITIONS PRECEDENT TO APPROVAL —
A vesting tentative map shall not be approved unless all other discretionary land use approvals
required for the proposed development, except for development review, have been obtained. Any
such approval erroneously granted in violation of this section shall be void.
4
158
Sec. 13-223. EXPIRATION
The approval or conditional approval of a vesting tentative map shall expire at the end of the same
time period, and shall be subject to the same extensions as those established by other provisions of
this chapter for the expiration of the approval or conditional approval of a tentative map.
Sec. 13-224. VESTING RIGHTS
(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to
proceed with development in substantial compliance with the ordinances, policies, and
standards as described in State Government Code Section 66474.2. However, if Section
66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall
confer a vested right to proceed with development in substantial compliance with the
ordinances, policies, and standards in effect at the time the vesting tentative map is approved
or conditionally approved.
(b) Notwithstanding subsection (a), a permit, approval, extension or entitlement may be made
conditional or denied if any of the following are determined:
(1) An approval or conditional approval would place the residents of the subdivision or the
immediate community, or both, in a condition dangerous to their health or safety, or
both.
(2) The condition or denial is required in order to comply with State or Federal law. All
extensions of time are discretionary and may be approved, conditionally approved, or
denied.
(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of
the vesting tentative map as provided in Section 13-216 DURATION OF APPROVAL, APPEAL
AND ABANDONMENT. If the final map is approved, these rights shall last for the following
- periods of time:
(1) An initial time period of 24 months. Where several final maps are recorded on various
phases of a project covered by a single Vesting Tentative Map, this initial time period
shall begin for each phase when the final map for that phase is recorded.
(2) The initial time period set forth in subsection (c)(1) shat' be automatically extended by
any time used for processing a complete application for a grading permit or for design
oi architectural review, if the processing tirne exceeds 30 days from the date a
complete application is filed.
(3) A subdivider may apply for a one-year extension at any time before the initial period
set forth in subsection (c)(1) expires. If the extension is denied, the denial may be
appealed to the City Council within 15 days.
(4) If the subdivider submits a complete application for a building permit during the
periods of time specified in subsections (c)(1) through (c)(3), the rights referred to
herein shall continue until the expiration of that permit, or any extension of that
permit.
Sec. 13-225. APPLICATIONS INCONSISTENT WITH ESTABLISHED POLICIES
Regardless of other provisions of this chapter, a property owner or his or her designee may seek
approvals of permits for development which depart from the ordinance, policies, and standards
described in Section 13-224(a) VESTING RIGHTS. The City may grant such approvals or issue such
permits to the extent that the departures are authorized under applicable law.
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Sec. 13-226. SUBSEQUENT PERMITS, LICENSES AND OTHER ENTITLEMENTS OR USE
The provisions of this section shall not be construed to prevent the City from conditionally approving
or denying any permit, license, or other entitlement for use which is applied for by the subdivider after
the approval of a vesting tentative map provided the conditional approval or denial is made in
accordance with the ordinances, policies and standards described in Section 13-224{a) VESTING
RIGHTS.
Sec. 13-227. AMENDMENTS
If the ordinances, policies or standards described in Section 13-224 VESTING RIGHTS, are changed
subsequent to the approval or conditional approval of a vesting tentative map, the property owner, or
his or her designee, at any time prior to the expiration of the vesting tentative map pursuant to
Section 13-224(c) VESTING RIGHTS, may apply for an amendment to the vesting tentative map to
secure a vested right to proceed with the changed ordinances, policies, or standards. An application
shall clearly specify the changed ordinances, policies or standards for which the amendment is sought.
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ARTICLE 3. FINAL MAPS
Sec. 13-228. PURPOSE
The purpose of this article is to identify the procedures and contents of final maps.
Sec. 13-229. PREPARATION, FORM AND CONTENTS
After approval of the tentative map or a vesting tentative map by the Planning Commission, the
subdivider may prepare a final map in accordance with a completed survey of the subdivision and in
substantial compliance with the approved tentative map or vesting tentative map, and in full
compliance with the Subdivision Map Act and this article. The submission shall include the
information required by the City Engineer.
Sec. 13-230. DEDICATION AND IMPROVEMENTS
fa) Dedications. Conditions of approval of subdivision maps may require certain dedications. All
streets, highways, alleys, easements and parcels of land identified in this section, shown on
the final map and intended for public use, shall be offered for dedication for public use, The
following are subject to dedication requirements:
(1) Streets, highways and alleys, including access rights and abutters' rights.
(2) Drainage, public utility and other public easements.
(3) Land for local transit facilities pursuant to State Government Code Section 66475.2.
(b) Future dedication. Streets or portions of streets may be offered for future dedication where
the immediate opening and improvement are not required, but where it is necessary to ensure
that the City can later accept dedication when the streets are needed for the further
development of the area or adjacent areas.
fc) Agreement to make improvements. The subdivider shall improve or agree to improve all land
dedicated for streets, highways, public ways and easements as a condition precedent to
acceptance and approval of the final map. The improvements shall include such grading,
surfacing, sidewalks, curbs, gutters, culverts, bridges, storm drains, water mains and service
connections to the property line with cutoff valves, sanitary sewers and such other structures
or improvements as may be required by ordinance for the general use of the lot owners in the
subdivision and for local neighborhood traffic and drainage needs.
(d) Grades. All improvements shall be installed to grades approved by the City Engineer.
(e) Pians, profiles and specifications. Plans, profiles and specifications of proposed improvements
shall Fe furnished to the City Engineer prior to the time of final map submittal, and shall be
arpro -ed by the City Engineer .?fore the map is `ileo; wit'+ the City C 3uncil. The plans and
Profiles she!! shSw full detail-, of the proposed improvements in accordance with City
standards.
If) Agreement by subdivider with City. if the improvement work is not completed satisfactorily
before the final map is approved, the owner of the subdivision shall, immediately upon
approval and before the City's certification of the final map, enter as contractor into an
agreement with the City whereby, in consideration of the acceptance by the City of the
streets and easements offered for dedication, the contractor agrees to complete the work
within the time specified in the agreement.
;g) Waiver of access. The subdivider may be required by the Planning Commission, as a condition
of approval, to waive access to one or more designated streets before obtaining the City
Council approval of any final map.
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(h) Bonds. To assure that the work will be completed, bonds shall be provided by the subdivider
from an approved surety company, or in cash, in the following amounts and for the following
purposes:
(1) A bond equivalent to 100 percent of the total cost of the improvements to guarantee
payment for all labor and materials.
(2) A further bond(s) equivalent to 100 percent of the total cost of the improvements plus —
the cost of setting final monuments to guarantee faithful performance of the
agreement, and to guarantee completion of the work or improvements including the
setting of final monuments.
Sec. 13-231. FEES
The following fees shall be paid:
(a) Checking fee. The fee is payable at the time the final map is submitted to the City Engineer
for checking.
(b) Engineering and inspection fee. This fee shall be paid at the time the plans, profiles and
specifications of proposed street improvements are submitted to the City Engineer for
approval. —
fc) Payment of street lighting costs. All persons shall pay, at the time of filing a final map, an
amount of the estimated cost of the installation of light poles and electrical energy in the tract
or tracts, for the period from the date of installation of the poles to the next November 1st.
The street lighting superintendent shall determine the estimated cost of the light poles and the
electric energy charge for the period, based upon the amounts charged by the Edison
Company to the city under the current contract. The electrical fee shall be paid to the City —
Engineer at the time the other fees and bonds required by this Zoning Code are to be paid and
furnished to the City Engineer.
(d) Water fee. Where applicable, the fee is payable prior to approval by City Council. —
ie) Sanitary fee. Where applicable, sanitary and sanitation district fees are payable prior to
approval by City Council.
Sec. 13-232. SOIL TESTS
The City Engineer shall certify to the City Council that soil tests, excavations and borings, either have
been made or have been waived by the City Engineer, and shall report the results of the tests or the
reason for any waiver to the City Council. In the event that the tests show expansive soils or other
problems which, if not corrected, would lead to structural defects, the City Engineer shall require a
soil test on each $ot of the subdivision.
Sec. 13-233. CORRECTIVE ACTION ON POOR SOIL
In the event soil tests are needed on individual lots of the subdivision as provided in Section 13- 232
SOIL TESTS, the registered engineer making those tests and reports shall make recommendation for
action to be taken to avoid structural defects. The subdivider must obtain the approval of the City
Engineer for the action(s) to be taken, and the action must be made a.condition of any building permit
issued for construction on the affected lots.
Sec. 13-234. CHECK AND TRANSMITTAL OF FINAL MAP
(a) Engineer's check. After issuance of a receipt for the final map, the City Engineer shall —
examine it as to sufficiency of affidavits and acknowledgments, correctness of surveying data,
mathematical data and computations, and such other matters as require checking to insure
compliance with the provisions of the Subdivision Map Act and this article. —
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(b) Transmittal to City Council. If the final map is found to be correct in form and the matters
shown on the map are sufficient, the City Engineer shall endorse his approval on the map and
transmit it to the City Council together with plans and specifications of proposed
improvements and such other matters as are required to enable the City Council to consider
T the final map. If the final map is not found to be correct in form, the City Engineer shall return
the final map to the subdivider together with a statement setting forth the grounds for its
return; the City Engineer shall, however, not forward the map to the City Council until the
requirements of Sections 13-229 PREPARATION, FORM AND CONTENTS, to and including
Section 13-231 FEES, have been met by the subdivider.
Sec. 13-235. VIOLATIONS
Any physical condition created in violation of this article, and any lot, street, alley or other feature
made the subject of this article and which is maintained contrary to its provisions shall constitute a
public nuisance.
Sec. 13-236. FILING PREREQUISITE TO SALE, LEASE, FINANCING, ISSUANCE OF BUILDING
PERMITS, OR COMMENCEMENT OF CONSTRUCTION
No lot may be sold, leased or financed nor shall permits be issued or construction commenced prior to
the filing of the final map with the County Recorder.
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ARTICLE 4. PARCEL MAPS
Sec. 13-237. PURPOSE
The purpose of this article is to establish when parcel maps are required, the contents of the map, and
the processing procedures for both tentative and final parcel maps.
Sec. 13-238. GENERAL
A tentative parcel map shall be required in all of the following cases:
(a) Where any parcel of land is to be divided into 4 or fewer lots.
(b) As required by State Government Code Section 66426.
(c) Nothing in this chapter shall prevent the filing of a final or parcel map of a subdivision for
which a final or parcel map is not required, provided such map meets the requirements of the
Subdivision Map Act, ARTICLE 6 LOT LINE ADJUSTMENTS of this chapter, and any local
ordinances.
Sec. 13-239. CONTENTS OF TENTATIVE MAP
Each tentative parcel map within this article shall contain the information contained in the Subdivision
Map Act, and any information required by the City Engineer.
Sec. 13-240. ACTION BY PLANNING COMMISSION
The procedures for consideration and action on a tentative parcel map application by the Planning
Commission shall be the same as for a tentative map application, Section 13-215 REVIEW PERIOD, —
ACTION BY PLANNING COMMISSION, with the exception that the final parcel map is subject to
review only by the City Engineer, as set forth in Section 13-243 FINAL PARCEL MAP.
Sec. 13-241. STREET IMPROVEMENTS
The Planning Commission shall have the authority to require improvements of public or private streets,
highways or easements as may be necessary for local traffic, drainage and sanitary needs in the types
of lot subdivisions set out in Section 13-238 GENERAL.
Sec. 13-242. DURATION OF APPROVAL
The approval of a tentative parcel map as set forth in this article shall be for the period of 24 months;
the applicant may, however, apply for approval for an extension of time to the Planning Commission
for a period or periods not exceeding a total of 3 years. —
Sec. 13-243. FINAL PARCEL MAP
The final map shall be transmitted to the City Engineer to ensure compliance with the provisions of r
the subdivision map act and of this article. If the final map is found to be correct in form and the
matters shown thereon are sufficient, the City Engineer shall return the final map to the subdivider
together with a statement setting forth the grounds for its return. --
Sec. 13-244. RECORDING FINAL PARCEL MAP
At any time within the 24 -month approval period for the tentative parcel map, or within the period of
any extension granted by the Planning Commission, a parcel map may be filed for recordation with the
County Recorder, showing each new lot created by the subdivision.
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Sec. 13-245. FILING PREREQUISITE TO SALE, LEASE, FINANCING, ISSUANCE OF BUILDING
PERMITS, OR COMMENCEMENT OF CONSTRUCTION
No lot may be sold, leased or financed nor shall permits be issued or construction commenced, prior
to the filing of the parcel map with the County Recorder.
Sec. 13-246. LEGAL DESCRIPTION OF LOTS
Each lot of the subdivided property may be sold, leased, financed or otherwise dealt with by
designation of lot number and County Recorder's book, page and document number references as an
official legal description.
Sec. 13-247. DEDICATIONS
Dedications required for street openings, widening or easements shall be provided for by a statement
on the parcel map unless the City Engineer determines that legal instruments separate from the parcel
map are required. If the dedications are to be provided by legal instruments separate from the parcel
map, the dedications shall be completed prior to the filing of the parcel map with the County
Recorder.
Sec. 13-248. VIOLATIONS
Any physical condition created in violation of this article, and any lot, street, alley or other feature
made the subject of this article and which is maintained contrary to the provisions hereof shall
constitute a public nuisance.
Sec. 13-249. WAIVER PROVISIONS
Pursuant to State Government Code Section 66428(b), the City hereby establishes a procedure for
waiving the requirements of a parcel map. The requirement for the filing of a parcel map may be
waived when a lot line adjustment is filed.
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ARTICLE 5. PARK AND RECREATION DEDICATIONS —
Sec. 13-250. PURPOSE
The purpose of this article is to establish the procedures for requiring park and recreational facilities in
conjunction with residential subdivisions.
Sec. 13-251. REQUIREMENT
Every residential subdivider who creates a subdivision shall be required to dedicate a portion of the
land, pay a fee in lieu thereof, or do a combination of both, as established in this article for the
purpose of providing park and recreational facilities to serve future residents of the subdivision. —
Sec. 13-252. APPLICATION
The provisions of this article shall apply to all residential subdivisions, as defined in State Government
Code Section 66410 et seq..
(a) Subdivisions containing fewer than 5 lots and not used for residential purposes shall be r
exempted from the requirements of this article. However, a condition may be placed on the
approval of the tentative or parcel map that if a building permit is requested for construction
of a residential structure or structures on one or more of the lots within 4 years, the fee may
be required to be paid by the owner of each such lot as a condition of issuing the permit.
(b) This section does not apply to commercial or industrial subdivisions, or to residential common _
interest development projects or stock cooperatives which consist of the subdivision of
airspace in an existing apartment building which is more than 5 years old when no new
dwelling units are added.
Sec. 13-253. RELATION OF LAND REQUIRED TO POPULATION DENSITY
Consistent with the General Plan, it is hereby found and determined that the public interest, —
convenience, health, welfare and safety require that 5.76 acres of property for each 1,000 persons
residing within the City be devoted to public park and recreational purposes. The requirement will be
satisfied in part by arrangements between the City and the local school district to make available for
park and recreation purposes, 1.5 acres of school sites adjacent to the proposed park for each 1000
persons residing within the City. The remaining 4.26 acres of the required 5.76 acres shall be
supplied as required by this article.
Sec. 13-254. POPULATION DENSITY
For the purposes of this article, population density shall be established by resolution of the City
Council, utilizing the following classifications: —
(a) Single-family residential. Detached single-family homes where there is no more than one
dwelling un`t on a lot.
(b) Multiple -family residential. Apartments, common interest developments, townhouses and
similar multiple -family residential developments, including detached single-family homes where
there is more than one dwelling unit on a lot. —
(c) Determination of the number of dwelling units. The total number of dwelling units shall be
determined by the number of units proposed for construction. When the actual number of —
units is unknown, the number of the units shall be based on the maximum number of units
which are permitted by the General Plan for the property at the time the tentative or parcel
map is filed with the City.
Sec. 13-255. AMOUNT OF LAND TO BE DEDICATED
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The amount of land required to be dedicated by a subdivider pursuant to this section shall be based on
the following formula:
A = 4.26(D.F. X D.U.)/1,000
Definition of terms.,
A - The area in acres required to be dedicated as park sites or to be appraised for fee
payment in lieu of dedication.
4.26- Number of acres per 1000 persons.
D.F.- Density factor obtained from Section 13-254 POPULATION DENSITY as applicable to
the proposed development.
D.U.- Number of dwelling units.
Sec. 13-256. AMOUNT OF FEE IN LIEU OF LAND DEDICATION
(a) Where there is no public park or recreation facility required within the proposed subdivision, or
where the subdivision contains 50 lots or fewer, the subdivider shall pay a fee in lieu of land
dedication reflecting the value of land required for park and recreation purposes in accordance
` with the schedule of fees as adopted by resolution of the City Council. This fee shall reflect
the average fair market value of neighborhood and community park land within the City. The
fair market value shall be determined by an appraisal of at least one neighborhood park site
and one community park site. The appraisal shall be conducted by an M.A.I. appraiser and
_ shall consider the factors set forth in subsection (e), where applicable to the appraisal of
public park land.
(b) Nothing in this section shall prohibit the dedication and acceptance of land for park and
recreation purposes in subdivisions of 50 lots or fewer, where the subdivider proposes the
dedication voluntarily and the land is accepted by the City Council.
(c) When a common interest development project, stock cooperative, or community apartment
project exceeds 50 dwelling units, the City may elect to require dedication of land
notwithstanding that the number of lots may be 50 lots or fewer.
(d) For subdivisions in excess of 50 lots, the City Council may elect to receive a fee in lieu of land
dedication. The amount of such a fee shall be based upon the fair market value of land which
would otherwise be required for dedication. The fair market value shall be determined by an
M.A.I. appraiser acceptable to the City and at the expense of the developer as set forth in
subsection (e). If more than one year elapses between the appraisal and recording of the final
map, the City shall have prepared a new appraisal and shall invoice the subdivider for the cost
of the appraisal.
(e) For purposes of this section, the determination of the fair market value of neighborhood and
T community park land or unimproved residential land which would otherwise be required for
dedication shall be determined by an M.A.I. appraiser acceptable to the City and shall
consider, but not necessarily be limited to, the following:
(1) The value of the unimproved residential land by residential density shown on the
tentative subdivision map at the time the final map is to be recorded;
(2) Approval of and conditions of the tentative subdivision map;
(3) The General Plan land use designation of the property;
-- {4} The zoning classification of the property;
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(5) Property location;
(6) Off-site improvements facilitating use of the property; and
(7) Site characteristics.
(f) If the subdivider objects to the amount of the fee pursuant to this section, an appeal may be _
made to the City Council by filing an application of appeal with the City Clerk and payment of
an appeal processing fee as determined by the City Council. A notice of appeal shall be filed
with the City Clerk within 7 days of payment of the in -lieu fee. The subdivider shall have the
burden of proof in contesting the amount of the fee. Within 30 days of receipt of the notice
of appeal, a public hearing on the appeal shall be held by the City Council, and the decision
shall be final and conclusive in determining the amount of the fee.
(g) The fee shall be paid to the Development Services Department and shall be deposited and held
in appropriate trust accounts and may be expended therefrom only for the purpose of
developing new or rehabilitating existing neighborhood or community park or recreation
facilities to serve the subdivision on which the fee is charged. Upon receipt of the fee, the
Development Services Department shall issue a receipt, and the receipt shall be presented as
proof of payment of the fee prior to the issuance of any permit for buildings and structures
pursuant to this Zoning Code.
(h) In order that the fees levied pursuant to subsection (a) keep pace with the cost of land, the
fee schedule described in subsection (a) shall be periodically adjusted on a biennial basis. a The
fee schedule shall be adjusted using the methodology described in subsection (a) for —
establishing the fee schedule.
(i) Upon application to the Development Services Department, the payment of the fee in lieu of
land dedication pursuant to this section may be deferred where the department makes the
following findings:
(1) The subdivider has entered into a fee agreement with written evidence of adequate
security to assure payment of the fee at a date prior to the issuance of a certificate of
occupancy, and in a form approved by the City Attorney; and
(2) The deferral of the fee shall not adversely impact the development of new or the —
rehabilitation of existing
neighborhood or community park or recreational facilities to serve the subdivision. —
Sec. 13-257. COMBINATION OF LAND AND FEE
In determining whether a subdivider shall dedicate land, pay a fee in lieu of land dedication, or a
combination of both, the following procedure shall be used:
(a) Subdividers required to or desiring to dedicate property for park and recreational purposes
shall, upon filing a tentative map for approval, check with the'City to determine whether their
property has been designated for a park site in the General Plan. If a subdivider's property is
so designated, the subdivider shall coordinate with the necessary departments to incorporate
the park sites(s) into the property's development plan. —
(b) If the subdivider's property is not so designated, and a school site is proposed within or in
proximity to the property, a park site adjacent to the school site shall be developed and the —
subdivider shall coordinate with the necessary departments to incorporate the park site(s) into
the property's development plan.
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Sec. 13-258. ACTION OF CITY
(a) At the time of tentative or parcel map approval, the Planning Commission shall determine
whether to require dedication of land within the subdivision, payment of a fee in lieu thereof,
or a combination of both.
(b) Determination: Whether the City accepts land dedication, requires payment of fees in lieu
thereof, or a combination of both, shall be determined by consideration of the following
factors:
(1) The Open Space Sub -Element of the General Plan.
(2) Provisions of Sections 13-256 AMOUNT OF FEE IN LIEU OF LAND DEDICATION, and
13-257 COMBINATION OF LAND AND FEE, of this article.
(3) Topography, geology, access and location of land in the subdivision available for
dedication.
(4) Size and shape of the subdivision and the land available for dedication.
(c) The determination of the City that land shall be dedicated or a fee paid in lieu thereof, or a
combination of both, shall be final and conclusive.
Sec. 13-259. PROCEDURES, CREDITS
(a) Procedures. When land dedication is required, it shall be accomplished in accordance with the
provisions of the Subdivision Map Act and applicable local ordinances. When fees are
required, the same shall be deposited with the Development Services Department prior to
recordation of the map or issuance of building permits.
(b) Credits. Credits against the amount of land to be dedicated or the amount of fees to be paid
in lieu of dedication shall be granted as follows:
(1) Existino dwelling units: Credit shall be granted for dwelling units demolished as a part
of the development of the subdivision. This credit shall be limited to the number of
units existing at the time of the approval of the project and shall not be transferred to
other subdivisions.
(2) Privately developed owned and maintained open space Where private facilities for
park and recreational purposes are provided in a proposed subdivision and the facilities
are to be privately owned and maintained by the future residents of the subdivision,
the areas occupied by the facilities shall be credited against the requirement of
dedication of land for park and recreation purposes or the payment of fees in lieu
thereof, to the extent that tho Planning Commission finds it is in the public interest to
do so and that the following standards are met:
a. That each facility is available for use by all the residents of the subdivision;
b• That the area and the facilities satisfy the
recreation and park needs of the subdivision so as to reduce the need for
public recreation and park facilities to serve the subdivision residents;
C. That the area provided is in excess of the minimum amount of open space
required for the subdivision;
d. That the area provided in excess of required open space is not used as a credit
or bonus incentive as provided in other sections of this Zoning Code; and
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e. That the area provided is of sufficient size, location and design to facilitate —
functional use of the area to meet the park and recreation demands of the
future subdivision residents.
(3) Credits shall be granted, dollar for dollar, for the value of park and recreational area
and other improvements as approved by the Planning Commission. The value of the
facilities shall be established by written documentation of the actual acquisition cost
of the facilities paid by the subdivider. —
(c) Previous fees. Credit shall be granted, dollar for dollar, for any park and recreation fees paid
for the property pursuant to this Zoning Code within the preceding 5 years. —
(d) Improvements to dedicated land. Credit shall be granted, dollar for dollar, if the subdivider
provides park and recreation facilities and/or improvements to land dedicated for park and _
recreation purposes. The value of the facilities and/or improvements shall be established by
written documentation of the actual acquisition cost of the facilities or construction costs of
the improvements paid by the subdivider.
(e) limitation on credits. The maximum amount of credits provided by this section shall not
exceed 100% of the calculated fee in lieu of land dedication.
(f) Transfer of credits. Credits provided by this section shall not be transferred or assignable to
apply to property outside of the subdivision awarded the credit.
(g) The granting of credits. Pursuant to Section 13-259(b) PROCEDURES AND CREDITS, credits —
shall be granted subject to the following conditions:
(1) The private ownership and maintenance of the facilities shall be adequately provided
for by written agreement in a form acceptable to the City Attorney;
(2) The use of the private facilities is restricted for park and recreational purposes by _
recorded covenants which run with the land in favor of the future owners of property
within the subdivision and which cannot be defeated or eliminated without the
consent of the City Council;
(3) The proposed private facilities are reasonable and adaptable for use for park and —
recreational purposes taking into consideration such factors as size, shape,
topography, geology, access and location of the private open space land; and —
(4) The facilities proposed are in substantial accordance with the General Plan.
(h) Additional credits. In lieu of the dedication of land for park and recreation purposes or the —
payment of a fee, the Development Services Director, with the approval of the Planning
Commission may parmit the following.
(1) Dedication of land for park or recreation purposes outside of the subdivision;
(2) Improvements to be made to an existing City park or upon land being dedicated as a
public park; —
(3) Recreational facility to be installed upon land being dedicated as a City park; or
(4) Any combination of 1, 2, or 3, above, provided that the land to be dedicated, the
improvements to be made or the facilities to be installed or constructed are so located
as to bear a reasonable relationship to the use thereof by future inhabitants of the
subdivision. _
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The dedication of land or providing of improvements or facilities may only be used as a credit
against the otherwise required dedication or fee to the extent of the value of the land,
T improvements or facilities as determined by the Planning Commission to be equal to or greater
than the value of the land which would have been dedicated or the fee which would be paid
pursuant to Section 13-256 AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
Sec. 13-260. STATEMENT OF CITY RESPONSIBILITY
The City shall comply with all requirements of State Government Code Section 66477 with regard to
acceptance and use of land dedicated or fees paid for park and recreational purposes.
Sec. 13-261. PARK AND RECREATION FEE IN LIEU OF LAND DEDICATION NOTICE
— Where the residential subdivision contains 50 lots or fewer. the Development Services Department
shall affix to any permit for buildings or structures and any vesting tentative map issued pursuant to
this Zoning Code located within the subdivision a notice to read as follows:
PARK AND RECREATION FEE IN LIEU OF LAND DEDICATION NOTICE:
The City of Costa Mesa is giving consideration to enactment of a resolution or
ordinance, or a combination thereof, for the increase in the park and recreation fees in
lieu of land dedication pursuant to Section 13-256(a) AMOUNT OF FEE IN LIEU OF
LAND DEDICATION, and State Government Code Section 66477. The owner of the
project designated in this permit or vesting tentative map shall be obligated to pay to
the Development Services Department a park and recreation fee in lieu of land
dedication if such a fee is adopted in the future by the City of Costa Mesa. The fee
will only be used for the purpose of developing new or rehabilitating existing
neighborhood or community park or recreational facilities to serve the subdivision.
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ARTICLE 6. LOT LINE ADJUSTMENTS
Sec. 13-262. PURPOSE
The purpose of this article is to establish the procedures for lot line adjustments.
Sec. 13-263. PROCEDURES
The Zoning Administrator may approve a lot line adjustment according to the procedures set forth in
CHAPTER III PLANNING APPLICATIONS, provided that the lot line adjustment complies with State
Government Code Section 6641 2(d), the General Pian, this Zoning Code, and all applicable ordinances
and regulations.
Sec. 13-264. RECORDATION
On the forms provided by the Planning Division, the applicant shall file the lot line adjustment for
recordation with the County Recorder. Proof of recordation shall be provided to the Planning Division
prior to the issuance of building permits.
Sec. 13-265. DEED REQUIREMENT
The lot line adjustment shall be reflected in a deed which shall be recorded with the County
Recorder's office.
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CHAPTER XII. SPECIAL FEE ASSESSMENTS
ARTICLE 1. MAJOR THOROUGHFARE AND BRIDGE FEE
Sec. 13-266. PURPOSE
It is the purpose of this article to set forth the parameters for assessing the major thoroughfare and
bridge fee.
Sec. 13-267. DEFINITIONS
The following words, terms and phrases, when used in this section, shall have the meanings ascribed
to them in this article, except where the context clearly indicates a different meaning:
Construction. Preliminary studies, design, acquisition of right-of-way, administration of construction
contracts and actual construction.
Major thoroughfare: Those roads designated as transportation corridors and major, primary,
secondary or collector highways on the Master Plan of Highways, the Transportation Subelement of
the General Plan for the City or for the County. The primary purpose of such roads is to carry through
traffic and provide a network connecting to the State highways system.
Bride facility. Those locations identified in the transportation or flood control provisions of the
Transportation sub -element or other element of the General Plan or the County of Orange General Plan
as requiring a bridge to span a waterway, railway, freeway or canyon.
Area of benefit. A specified area wherein it has been determined that the real property located therein
will benefit from the construction of a major thoroughfare or bridge facility project.
Sec. 13-268. FEE REQUIRED
(a) Applicability. A building permit applicant, as a condition of issuance of a building permit, shall pay
a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways,
freeways and canyons or constructing major thoroughfares.
(1) The provisions for payment of a fee shall apply only if the major thoroughfare or bridge
facility has been included in the City's or County's General Plan adopted at least 30
days prior to the application for a building permit and is on land located within the
boundaries of the area of benefit.
(2) Payment of fees shall not be required unless any major thoroughfares are in addition
to, or a widening or reconstruction of, any existing major thoroughfares serving the
area at the time of the adoption of the boundaries of the area of benefit.
(3) Payment of fees shall not be required unless any planned bridge facility is a new
bridge serving Vie area or an addition to an exi!iJng bridge facility serving the area at
`he time of -",e adoption of the b0dnd•,rles of thF area of tha benefit,
1b} Area of benefit established. Action to establish an area of benefit may be initiated by the City
Council upon its own motion or upon the recommendation of the Public Services Director. The
City Council shall set a public hearing for each proposed area benefited. Notice of the time
and place of the hearing including preliminary information related to the boundaries of the area
of benefit, estimated costs and the method of fee apportionment shall be given in the
following manner:
( 1) Notices shall be given at least 10 calendar days before the hearing by the following:
a• Notice published at least once in a newspaper of general circulation
within the proposed area of benefit.
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b. Notices posted throughout the proposed area of benefit with at least 3
notices posted at arterial highway intersections within the
proposed area of benefit.
C. Notices sent by first-class mail addressed to each property owner
within the boundary of the proposed area of benefit.
d. Notices sent by first-class mail addressed to all municipal advisory
committees and known homeowners' associations within the
boundary of the proposed area of benefit.
e. Notice by first-class mail to any person who has filed a written request
with the Public Services Director. The request shall apply for the
calendar year in which it is filed.
(2) At the public hearing, the City Council will consider the testimony, written protests
and other evidence. At the conclusion of the public hearing, the City Council may,
unless a majority written protest is filed and not withdrawn as specified in subsection —
(2)b below, determine to establish an area of benefit. If established, the City Council
shall adopt a resolution describing the boundaries of the area of benefit, setting forth
and cost, whether actual or estimated, and the method of fee apportionment. A
certified copy of such resolution shall be recorded by the City Clerk with the County
Recorder.
The apportioned fees shall be applicable to all property within the area of —
benefit and shall be payable as a condition of issuing a building permit for the
property or portions thereof. Where the area of benefit includes lands not
subject to the payment of fees pursuant to this section, the City Council shall
make provisions for payment of the share of improvement cost apportioned to a
such lands from other sources.
b. Written protests shall be received by the City Clerk at any time prior to the
close of the public hearing. If written protests are filed by the owners of more
than one-half of the area of the property to be benefited by the improvement,
and sufficient protests are not withdrawn so as to reduce the area represented
by the protests to less than ona-half of the area to be benefited, then the
Proposed proceedings shall be abandoned, and the City Council shall not, for
one year from the filing of the written protests, commence or carry on any
proceedings for the same improvement under the provisions of this section.
Any protests may be withdrawn by the owner making, the same in writing, at
any time prior to the close of the public meeting.
If any majority protest is directed against only a portion of the improvement,
then ail further procie=lings under the provisions of this section to construct
Mat ,portion of the improvement so protested against shall be barred for a
period of one year, but the City Council shall not be barred from commencing
new proceedings not including any part of the improvement so protested
against. The proceedings shall be commenced by a new notice and public
hearing as set forth in this subsection. —
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d. Nothing in this section shall prohibit the City Council, within such one-year
period, from commencing and carrying on new proceedings for the
construction of an improvement or portion of the improvements so protected
against if it finds, by the affirmative vote of four-fifths of its members, that
the owners of more than one-half of the area of the property to be benefited
are in favor of going forward with such improvement or portion thereof.
{c} Planned bridge facility or major thoroughfare fund
- (1) Fees paid pursuant to this section shall be deposited in a planned bridge facility or
major thoroughfare fund. A fund shall be established for each planned bridge facility
project or each planned major thoroughfare project. If the area of benefit is one in
a which more than one bridge or major thoroughfare is required to be constructed, a
separate fund may be established covering all of the bridge projects or major
thoroughfares in the area of benefit. If the area of benefit encompasses one or more
bridges and one or more thoroughfares and all lands within the area of benefit are
subject to the same proportionate fee for all bridges and thoroughfares, a single fund
may be established to account for fees paid. Moneys in such fund shall be expended
solely for the construction or reimbursement for construction of the improvements
serving the area to be benefited and from which the fees comprising the fund were
collected, or to reimburse the City for the costs of constructing the improvement.
a. The City Council may approve the acceptance of consideration in lieu of the
payment of fees established herein.
f2i The City Council may approve the advancement of money from the general fund or
road fund to pay the costs of constructing the improvements covered herein and may
reimburse the general fund or road fund for the advances from planned bridge facility
or major thoroughfare funds established pursuant to this section.
(3) If the building permit applicant, as a condition of the issuance of the building permit, is
required or desires to construct a bridge or major thoroughfare, the City Council may
enter into a reimbursement agreement with the applicant. The agreement may provide
for payments to the applicant from the bridge facility or major thoroughfare fund
covering that specific project to reimburse the applicant for costs not allocated to the
applicant's property in the resolution establishing the area of benefit. If the bridge or
major thoroughfare fund covers more than one project, reimbursements shall be made
on a pro rata basis reflecting the actual or estimated costs of the projects covered by
the fund.
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ARTICLE 2. FIRE PROTECTION SYSTEM
Sec. 13-269. PURPOSE
It is the purpose of this article to set forth the parameters for assessing the fire protection system
development impact fee.
Sec. 13-270. ESTABLISHMENT OF DEVELOPMENT IMPACT FEE
By City Council resolution, a development impact fee shall be established based on the Costa Mesa _
Fire Protection System Fee Study. The resolution shall set forth the specific amount of the fee and
set forth time for payment.
(a) Limited use of fees. The revenues raised by payment of this impact fee shall be placed in a
separate and special account and revenues, along with any interest earnings on that account,
and used solely to pay for the City's future construction of facilities and equipment purchases
or to reimburse the City for those identified facilities and equipment funded by the City with
monies advanced by the City from other sources.
(b) Fee refunds. A refund may be made when a building permit expires and no extensions have
been granted for a development for which the funds have been collected.
tc) Fee adjustments.
(1) A developer of any project subject to the development fee impact program may apply
to the City Council for an adjustment of the fee. The developer shall have the burden
of proving that either the amount of fee charged or the facility and/or equipment _
financed is disproportionate or not reasonably related to the impact of the project on
the fire protection system. The application shall be made in writing and filed with the
City Clerk no later than:
a. 10 days prior to the public hearing on the development permit application for
the project; or
b. If no development permit is required, at the time of the filing of the request for
a building permit.
(2) The application shall state in detail the factual basis for the claim of adjustment. The
City Council shall consider the application at the public hearing on the permit
application or at a separate hearing held within 60 days after the filing of the fee
adjustment application. The decision of the City Council shall be final. If an
adjustment is granted, any change in use or increase in building intensity within the
project shall require reconsideration of the fee adjustment.
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ARTICLE 3. TRANSPORTATION SYSTEM MANAGEMENT
Sec. 13-271. PURPOSE
The purpose of this article is to set forth the provisions for assuring an adequate transportation system
in conjunction with new development.
Sec. 13-272. DEFINITIONS
For the purpose of this article, the following definitions shall apply:
Develo ment project. This article applies to the following development project approvals; general
plan amendments, specific plans, master plans, rezones, development reviews, variances, use permits,
administrative adjustments, minor modifications and development agreements, unless otherwise
exempted by Section 13-278 EXEMPTIONS.
Intersection. The general area where 2 or more roadways join or cross
Measurable traffic. A volume of traffic which will result in a 0.01 or greater increase in the peak
period volume to capacity ratio at any given signalized intersection.
Potentially deficient intersection. An intersection identified in the General Plan for which the standard
level of service may not be feasible upon General Plan buildout. The intersection volume to capacity
ratios identified in the General Plan shall not be exceeded for these intersections.
Pro rata. A proportionate share based on a development project's impacts.
Standard Level of Service The Standard Level of Service shall be Level of Service "D" or better
(0.90 or less volume to capacity ratio) for all signalized arterial intersections within the City during
peak hours Monday through Friday with the exception of those intersections identified as potentially
_ deficient in the General plan. Levels of Service shall be defined and computed using the Intersection
Capacity Utilization (ICU) methodology.
Transportation Demand Management Program. A series of required and/or voluntary actions which
reduce the vehicle trip generation rate of a specific use or uses of land.
Sec. 13-273. COMPREHENSIVE TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM
(a) Purpose. The Comprehensive Transportation System Improvement Program shall be adopted
by resolution of the City Council which addresses the cumulative impacts of development in a
defined impact area. This program shall mandate circulation improvements, including freeway
improvements, to ensure that the Master Plan of Highways is constructed and that the
Standard Level of Service is achieved and will be maintained at all intersections in the defined
impact area in accordance with the General Plan, For these intersections identified as
poterrr ally teficient, th,:! prograrn shall identify tha maximum impmver'lents Feasible In
acct ;a% ; -;ith tf,e Generel Plan, The program sha!I addr,;ss the funding, construction and
mai,ttenance of transportation facilities to implement the Master Plan of Highways. The
program shall be updated on an annual basis.
(b) Relationship to development fee program. The Comprehensive Transportation System
Improvement Program shall be utilized to determine the pro rata share of the cost of necessary
improvements attributable to development projects as described in Section 13-274
DEVELOPMENT FEE PROGRAM.
110 Development Phasing and Performance Monitoring Report. Each year the City shall prepare a
Development Phasing and Performance Monitoring Report which shall be used to update the
Comprehensive Transportation System Improvement Program.
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(d) Interim Approval Procedure. Until such time as this program is adopted, development projects
not exempted pursuant to Section 13-276 EXEMPTIONS may be approved if the City adopts
findings that the development projects are consistent with the provisions of this article.
Sec. 13-274. DEVELOPMENT FEE PROGRAM
(a) Establishment of Development Impact Fee Program. A development impact fee program shall
be established by resolution of the City Council based on the Comprehensive Transportation —
System Improvement Program. The program shall set forth the basis for the fee as required
by State Government Code Section 66001. The program shall establish guidelines for
payment, accounting, and refund of the fees collected as required by State Government Code
Sections 66001, 66006 and 66007.
(b) Updates of fee. On an annual basis, the City Council shall review this fee program, as
required by State Government Code Section 66002, to determine whether the fee amounts
are reasonably related to the impacts of development projects and whether the described
public facilities are still needed.
(c) Limited use of fees. The revenues raised by payment through this fee program shall be placed
in a separate and special account and such revenues, along with any interest earnings on that
account, shall be used solely to:
(1) Pay for the City's future construction of facilities or to reimburse the City for those
facilities, described or listed in the program, constructed by the City with funds
advanced by the City from other sources; or _
(2) Reimburse developers who have been required or permitted to install such listed
facilities to the extent the actual cost of the facilities installed by the developer
exceeds the impact fee obligation of the development project.
(d) Developer construction of public facilities. Whenever the conditions of approval of a
development project require direct construction of a public transportation facility (see Section
13-275(c) DEVELOPMENT PROJECT REVIEW PROCEDURES) described or listed in the
Comprehensive Transportation System Improvement Program, a credit or reimbursement, as
applicable; shall be given against the development impact fee, which would have been
charged to the development project under the program, for actual construction costs incurred
by the. developer. The reimbursement and/or credit amount shall not include any
improvements the City can require from the development project under the Subdivision Map _
Act, or the portion of the improvement deemed to be an on-site improvement that is not
included in the Comprehensive Transportation System Improvement Program.
[e) Fee adjustments. A developer of any development project subject to the fee program
provided in this article may apply to the City Council for:
(1) A waiver of the flee, or plurtion of the fee, based upon adaquate documentation of the _
absence of any reasonable relationship or nexus between the circulation impacts of
that development project and either the amount of the fee charged or the type of
facilities to be financed; or
(2) A reduction of the fee based upon the implementation of a Transportation Demand
Management Program, as described in Section 13-275(d)- DEVELOPMENT PROJECT
REVIEW PROCEDURES.
(3) The application for a fee waiver shall be made in writing and filed with the City Clerk
not later than:
a• 10 days prior to the public hearing on the development permit application for
the project; or
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b. if no development permit is required, at the time of the filing of the request for
a building permit.
{4) The application shall state in detail the factual basis for the claim of waiver. The City
T Council shall consider the application at the public hearing on the permit application
held within 60 days after the filing of the application. The decision of the City Council
shall be final. If a waiver is granted, any change in use or increase in building intensity
within the development project shall invalidate the waiver of the fee, and the
developer shall be obligated to pay the full amount of the fee attributed to the
development project, including the change in use or increase in intensity, as provided
by this article.
If) Fee refunds. A refund shall be made when a building permit expires and no extensions have
been granted for a development project for which the funds have been collected and the
development project has not been constructed.
(g) Fees for phased development projects. Where there is a requirement imposed upon a phased
development project pursuant to this article for the payment of traffic impact fees into a
_ Comprehensive Transportation System Improvement Program, such fees may be payable on a
pro rata basis as each phase of the project is completed, in conjunction with the
improvements accomplished.
Sec. 13-275. DEVELOPMENT PROJECT REVIEW PROCEDURES
(a) Traffic study required. A traffic impact study shall be required for all development projects
estimated by the Public Services Director to generate 100 or more vehicle trip ends during a
peak hour. Traffic studies may also be required for smaller projects at the discretion of the
Public Services Director. The cost of the study shall be paid for by the developer. The study
area and number of intersections to be analyzed shall be determined by the Public Services
Director and the study area shall be reasonably related to the estimated impacts attributed to
the development project. The traffic study shall also identify mitigation measures that are
— reasonably related to the development project's traffic impacts.
(b) Mitigation measures. Mitigation measures for development projects shall consist of either
payment of a development impact fee and/or construction of circulation improvements. The
necessary circulation improvements may be designed and constructed by the developer as
determined by the City. These mitigation measures shall be incorporated as conditions of the
development project's approval. Table 13-275 indicates the criteria for either requiring
payment of a development impact fee and/or construction of circulation improvements.
(c) Approval criteria. A development project may be approved if as a condition of approval it is
required to construct a circulation improvement and/or pay a development impact fee, as
shown in Table 13.275, r?r;d if a fi d-'rq is made tha' the d^veloFmenr project's iropac-s will
b:.L mitigated at all af`ect"i inter -se zt;ons with; . 3 ye.rs of iswance of the first buildi;;g permit
for the de,elopment project, as described in subsection (b), unless additional right-of-way or
coordination with other government agencies is required to complete the improvement. If
right-of-way acquisition or coordination with Other governmental agencies delays the
improvement construction, appropriate measures shall be taken to ensure that the
improvement construction occurs in a timely manner. Circulation improvements may be
required sooner if, because of extraordinary traffic generation characteristics of the
development project or extraordinary impacts to the surrounding circulation system, the
circulation improvements are necessary to prevent significant adverse impacts. For phased
development projects, the construction of circulation improvements may be phased as well
based upon the findings of the traffic study.
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1d) Transportation Demand Management Program. Where a Transportation Demand Management
Program is used to reduce vehicle trips related to a development project, the program shall
comply with the following:
(1) A conditional use permit for the development project and program must be approved —
by the Planning Commission consistent with the requirements of subsection (c). An
annual report shall be prepared for the City at the expense of the property owner, to
show whether the vehicle trip reduction identified in the program has been achieved —
and maintained.
(2) If the annual report demonstrates that the vehicle trip reductions identified in the —
program have not occurred, the conditional use permit shall be reevaluated and
additional conditions imposed by the Planning Commission in order to meet the
requirements of this article.
(3) The traffic impact development fees required under this article shall be based on the
trip generation forecast without consideration of estimated reductions associated with
a Transportation Demand Management Program. An application for a fee —
reimbursement may be approved by the City Council pursuant to Section 13 -274(e) -
DEVELOPMENT FEE PROGRAM based upon documentation of average annual trip
reduction over a 3 year period as reported in the annual monitoring report referenced _
in Section 13-273(c) COMPREHENSIVE TRANSPORTATION SYSTEM IMPROVEMENT
PROGRAM.
(e) Change of use. Each development project approved under this article shall be reevaluated by
the Public Services Director when any change in use occurs which may increase the project's
traffic generation. The purpose of this reevaluation is to assure that traffic capacity is available
in the transportation system. Any increase in traffic generation by the change of use shall be
subject to review by the appropriate reviewing authority who may impose additional
conditions on the development project for the mitigation of the increased traffic generation.
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Table 13-275
DEVELOPMENT LNIPACT CRITERIA
PROJECT DEVELOPMENT INTERSECTION ICU MITIGATION
SIZE CONDITION INCREASE' MEASURE(S)INTENT W
MITIGATION MEASURE(S)
Projects generating less Adequate Less than Payment of impact fee Contribute to implementation of the
than 100 peak hour trip (Standard Level of Service I % Comprehensive Transportation
ends or better) System Improvement Program
OR
Deficient 11 or
(exceeds Standard Level greater
of Service)
Projects generating 100 or Adequate Less than Payment of impact fee Contribute to implementation of the
more peak hour tripends (Standard Leve! of Ser- 1 % Comprehensive Transportation
vice or better) System Improvement Program
OR
Deficient
(exceeds Standard Level
of Service)
1% or Payment of impact fee and Contribute to implementation of the
greater improvement construction Comprehensive Transportation
by developer under condi- System Improvement Program and
tions listed in footnote €/2 mitigate development project's
impacts
HWhen
section Capacity Utilization
oject contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in
Plan at the subject location are required as mitigation. If al! of the improvements identified in the General Plan are
as mitigation, then only the improvements determined necessary by the Public Services Director shall be constructed
oper.
Sec. 13-276. EXEMPTIONS
(a) Exempt development projects. Projects which fall within any of the categories listed below
shall be exempt from the provisions of this article;
(1) Any residential construction that does not increase the number of permanent
housing units on the lot where the construction °akes place, such as remodeling or
rebuilding an existing house or units. Grapri uWt5 and accessory apartments are
also exempt.
(2) Any industrial or commercial construction that neither increases the footprint nor
square footage or changes the use on the lot where the construction takes place,
such as remodeling or rebuilding an existing structure, and does not increase peak
hour trip generation.
(3) Public benefit facilities limited to public libraries, public administration facilities,
Public parks, public utilities, schools and related facilities.
(4) Facilities serving the health and safety of the public, limited to hospitals, police, fire
and safety facilities.
1$1
CHAPTER XIII. NOISE CONTROL
Sec. 13-277. PURPOSE
It is the City's purpose to prohibit unnecessary, excessive and annoying noises from all sources
subject to its police power. At certain levels noises are detrimental to the health, comfort, safety,
peace and enjoyment and welfare of the citizenry, and in the public interest shall be regulated and
systematically proscribed.
Sec. 13-278. DEFINITIONS
The following words, phrases and terms as used in this chapter shall have the meaning indicated
below:
Cumulative period. An additive period of time composed of individual time segments which may be —
continuous or interrupted.
Decibel (dB). A unit which denotes the ratio between 2 quantities which are proportional to power:
The number of decibels corresponding to the ratio of 2 amounts of power is 10 times the logarithm to y
the base 10 of this ratio.
Emergency machinery,vehicle or work. Any machinery, vehicle or work used, employed or performed —
in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work
by private or public utilities when restoring utility service.
Fixed noise source. A stationary device which creates sounds while fixed or motionless, including but
not limited to industrial and commercial machinery and equipment, pumps, fans, compressors,
generators, air conditioners and refrigeration equipment.
Grading. Any excavating or filling of earth material, or any combination thereof, conducted at a site
to prepare the site for construction or other improvements.
Impact noise. The noise produced by the collision of one mass in motion with a second mass which r
may be either in motion or at rest.
Mobile noise source. Any noise source other than a fixed noise source.
Noise level.. The "A" weighted sound pressure level in decibels obtained by using a sound level meter
at slow response with a reference pressure of 20 micronewtons per square meter. The unit of —
measurement shall be designated as dB(A).
Person. A person, firm, association, copartnership, joint venture, corporation or any entity, public or
private in nature. —
Residential Property, A lot of real property which is developed and used either in part or in whole for
residential purposes, other than transient uses such as hotels and motels.
Simple tone noise. A noise characterized by a predominant frequency or frequencies so that other
frequencies cannot be readily distinguished.
Sound Pressure level of a soundin decibels. 20 times the logarithm to the base 10 of the ratio of the
pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
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Sec. 13-279. EXCEPTIONS
— The provisions of this chapter shall not apply to the following:
(a) Emergency machinery, vehicles, or work; or
(b) Construction equipment, vehicles, or work between the hours of 7:00 a.m. and 8:00 p.m.,
provided that all required permits for such construction, repair, or remodeling have been
obtained from the appropriate City departments.
Sec. 13-280. EXTERIOR NOISE STANDARDS
(a) The following noise standards, unless otherwise specifically indicated, shall apply to all
residential property within the City:
RESIDENTIAL EXTERIOR NOISE STANDARDS
— Noise Level Time Period
55 dB(A) 7:00 a.m.- 11:00 p.m.
50 dB(A) 11:00 p.m.- 7:00 a.m.
— In the event the alleged offensive noise consists entirely of impact noise, simple tone noise,
speech, music, or any combination thereof, each of the above noise levels shall be reduced by
5 dB(A).
(b) It shall be unlawful for any person at any location within the City to create any noise, or to
allow the creation of any noise on property owned, leased, occupied, or otherwise controlled
by such person, when the foregoing causes the noise level, when measured on any other
residential property, either within or outside the City, to exceed:
(1) The noise standard for a cumulative period of more than 30 minutes in any hour;
— (2) The noise standard plus 5 d$(A) for a cumulative period of more than 15 minutes in
any hour;
— (3) The noise standard plus 10 dB(A) for a cumulative period of more than 5 minutes in
any hour;
— (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in
any hour; or
(5) The noise standard plus 20 dB(A) for any period of time.
(c) In the event the ambient noise level exceeds any of the first four noise limit categories above,
the cumulative period applicable to said category shall be increased to reflect said ambient
noise level. In the event the ambient noise level exceeds th'e fifth noise limit category, the
maximum allowable noise level under said category shall be increased to reflect the maximum
ambient noise level.
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Sec. 13-281. INTERIOR NOISE STANDARDS
(a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all
residential property within the City:
RESIDENTIAL INTERIOR NOISE STANDARDS
Noise Level Time Period
55 dB(A) 7:00 a.m.- 1 1:00 p.m.
45 dB(A) 11:00 p.m.- 7:00 a.m.
In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, _
speech, music, or any combination thereof, each of the above noise levels shall be reduced by
5 dB(A).
(b) 1t shall be unlawful for any person at any location within the City to create any noise, or to —
allow the creation of any noise on property owned, leased, occupied, or otherwise controlled
by such person, when the foregoing causes the noise level when measured within any other
dwelling unit on any residential property, either within or outside the City, to exceed:
(1) The interior noise standard for a cumulative period of more than 5 minutes in any
hour;
(2) The interior noise standard plus 5 dB(A) for a cumulative period of more than one
minute in any hour; or
(3) The interior noise standard plus 10 dB(A) for any period of time.
(c) In the event the ambient noise level exceeds either of the first 2 noise limit categories above, _
the cumulative period applicable to said category shall be increased to reflect said ambient
noise level. In the event the ambient noise level exceeds the third noise limit category the
maximum allowable noise level under said category shall be increased to reflect the maximum
ambient noise level.
Sec. 13-282. NOISE NEAR SCHOOLS, HOSPITALS, CHURCHES
It shall be unlawful for any person to create, maintain or cause to be created or maintained any noise
or sound which:
(a) Exceeds the noise standards specified in Section 13-280 EXTERIOR NOISE STANDARDS, near
any school, hospital or church while it is in use, regardless of the zone within which it is
located; or
{b) The noise level unreasonably interferes with the working of such installations or which —
disturbs or unduly annoys patients in a hospital, provided conspicuous signs are displayed in 3
separate locations within one-tenth of a mile indicating the presence of a school, church or
hospital. —
Sec. 13-283. LOUD, UNNECESSARY NOISE
1t shall be unlawful for any person to willfully make or continue, or cause to be made or continued, —
any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or
which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in
the area, regardless of whether the noise level exceeds the standards specified in Section 13-280
EXTERIOR NOISE STANDARDS and Section 13-281 INTERIOR NOISE STANDARDS. The standard
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(a) The level of noise;
(b) Whether the nature of the noise is usual or unusual;
(c) Whether the origin of the noise is natural or unnatural;
(d) The level and intensity of the background noise, if any;
(e) The proximity of the noise to residential sleeping facilities;
(f) The nature and zoning of the area within which the noise emanates;
(g) The density of the inhabitation of the area within which the noise emanates;
(h) The time of the day and night the noise occurs;
(i) The duration of the noise;
(j) Whether the noise is recurrent, intermittent or constant;
(k) Whether the noise is produced by a commercial or noncommercial activity; and
(1) The density of the inhabitation of the area affected.
Sec. 13-284. NOISE LEVEL MEASUREMENT
(a) Any noise level measurement shall be performed using a sound level meter meeting American
National Standard Institute's Standard 51.4-1971 for Type 1 or Type 2 sound level meters or
an instrument and the associated recording and analyzing equipment which will provide
equivalent data.
(b) Exterior measurements: The location selected for measuring exterior noise levels shall be at
any point on the affected property.
(c) interior measurements: Interior noise measurements shall be made within the affected
dwelling unit. The measurement shall be made at a point at least 4 feet from the wall, ceiling,
or floor nearest the alleged offensive noise source and may be made with the windows of the
affected unit open.
Sec. 13-285. VARIANCE PROCEDURE
(a) The owner or operator of a noise source which violates any provision of this chapter may file
an applicEJon with the Developmenr. Servir;es Directoe for :• .-ariance from the provisions of
this chapa.r Variance applications ,,hall be pro-ess&::+t:t.:rding to procedures sat forth in
CHAPTIL . JAI PLANNING APPLICATIONS. The application shall set forth all actions taken to
comply with this chapter, the reasons immediate compliance cannot be achieved, a proposed
method and time schedule for achieving compliance, and any other information requested by
the Director.
(b) An applicant shall remain subject to prosecution under the terms of this chapter until a
variance is granted.
Ic) All applications shall be evaluated with respect to time for compliance, subject to any
conditions deemed reasonable to achieve maximum compliance with this chapter. Each
variance granted shall set forth the approved method and time schedule for achieving
compliance. Evaluation of the variance request shall include consideration of the magnitude of
the noise nuisance; the uses of property affected by the noise; the time factors related to
185
study, design, financing, and construction of remedial work; the economic factors related to —
age and useful life of equipment; and the general public interest and welfare.
Sec. 13-286. VIOLATIONS
1a) Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount not exceeding
$1,000.00 and/or be imprisoned in the County jail for a period not exceeding 6 months. Each
violation may instead be charged as an infraction.
fb) Each time an offensive noise exceeds any one of the standards set forth in this chapter shall
constitute a separate offense and be punishable as such.
Sec. 13-287. NUISANCE DECLARED
It is determined that certain noise levels are detrimental to the public health, welfare and safety and
contrary to public interest, and therefore the City Council does ordain and declare that the creating or
maintaining or causing or allowing to be created or maintained any noise in a manner prohibited by or
not in conformity with the terms of this chapter is a public nuisance and shall be punishable as such
and may be subject to abatement pursuant to CHAPTER I GENERAL, ARTICLE 4 ENFORCEMENT.
186
CHAPTER XIV. OIL DRILLING
Sec. 13-288. PURPOSE OF ORDINANCE [CHAPTER]
The purpose of this ordinance [chapter] is to prohibit the drilling on the surface or subsurface of oil
and gas wells, the production of oil and gas, and the storing and transportation thereof in the City of
Costa Mesa, except as specifically provided for herein.
The City Council hereby declares that it is also the object and purpose of this ordinance [chapter] to
establish reasonable and uniform regulations, safeguards and controls for the drilling for and
production of oil, gas and other hydrocarbon substances within and under the City of Costa Mesa.
Such regulations, safeguards and controls are found to be necessary in order to protect the citizens,
their property rights and the general public. Such orderly development is necessary to protect the
surface uses and the value and character of residential, commercial and other real property within the
City as such uses are set forth in the master plan of the City, and its zoning ordinances and
regulations. The City Council recognizes that many of its citizens and property owners have made
substantial investments in real property and do not own the mineral rights lying in or under such
property, and will not profit directly from oil or gas development. Therefore, in order to protect such
citizens and their property rights, to protect the owners of mineral rights and to provide said orderly
exploration, development and production of oil and gas, it is necessary to regulate the drilling for and
as set forth in this ordinance [chapter].
The City Council hereby finds that the uncontrolled drilling on the surface or subsurface for oil and
gas, and the production thereof, in the City of Costa Mesa, would be detrimental to the general
welfare of its citizens, and detrimental to the general public peace, health, safety, comfort,
convenience and prosperity. The City Council finds and determines that sub -surface area within the
City of Costa Mesa may be explored for oil and gas, and if said substances are found, the same may
be produced by directional or slant drilling methods from surface locations outside the City of Costa
Mesa.
Sec. 13-289. WHERE PERMITTED
No person, firm or corporation shall erect or construct oil drilling derricks or oil drilling equipment
within the City of Costa Mesa, or shall drill from the surface or by subterranean drilling for oil,
petroleum, tar, gas or other hydrocarbon substances within said City, except that it shall be lawful
under the provisions hereof, to drill for oil, petroleum, tar, gas or other hydrocarbon substances by
slant drilling or subterranean drilling in and under the area hereinafter described, provided that the
drilling sites shall be located outside the City limits of the City, and that such drilling shall be a vertical
depth of at least four hundred (400) feet below the ground surface within the area mentioned and
hereinafter described.
That the area in the City in which slant drilling or subterranean drilling shall be permitted under the
terms hereof, is described as being:
All that area lying within the zone designated M1 [MG] by the zoning ordinances of the City of
Costa Mesa, as said M1 1MG1 zone now, or may hereafter, exists.
Sec. 13-290, DRILLING FROM OUTSIDE CITY LIMITS
The City Council finds that drilling and production from surface drilling sites adjacent to, but outside
the City of Costa Mesa, may adversely affect the residential and commercial areas and values, and the
peace, health, safety, comfort and general welfare of the citizens of the City.
Therefore, the drilling and production of an oil and gas well, subsurface, into real property within the
City of Costa Mesa from a drilling site outside the City limits of the City of Costa Mesa is hereby
prohibited, and the same shall constitute, and the same is hereby declared to be a public nuisance,
except and unless such drilling and production is from controlled drilling sites outside the City, as may
be approved by the City Council. In no event shall slant or subterranean drilling into the subsurface
area of the City of Costa Mesa be permitted where the drilling site for such well or wells is outside the
187
City of Costa Mesa but within three hundred (300) feet from an exterior boundary of the City of Costa
Mesa.
Sec. 13-291. PERMIT REQUIRED FOR MAINTENANCE OF EXISTING WELLS AND PRODUCTION
EQUIPMENT
It shall be unlawful and a nuisance hereafter for any persons to maintain and operate any existing oil
and gas well and production equipment within the City of Costa Mesa without first having applied for
and obtained from the City Council a permit.
Sec. 13-292. PERMIT AND INSPECTION FEES
The first application for a permit to cover drilling operations for a single oil and gas well hole on any
drilling site outside the City of Costa Mesa for slant or subterranean drilling within the City of Costa
Mesa shall require the payment of a permit fee in the sum of twenty-five hundred dollars {52500.00}.
The fee for any second or subsequent such oil and gas well shall be five hundred dollars ($500.00).
The permit fee to cover the maintenance and production of any existing oil and gas well, producing oil
and gas at the time this ordinance [chapter] becomes effective [April 29, 19601, shall be fifty dollars
($50.00) annually for any such oil and gas well.
Sec. 13-293. ADOPTION OF STANDARD CONDITIONS
Immediately after the passage of this ordinance [chapter] by vote of the people [April 12, 19601, the
City Council shall adopt standard conditions for drilling operations, and said standard conditions shall
apply to every permit granted pursuant to this ordinance [chapter].
Sec. 13-294. EXISTING WOODEN DERRICKS
It shall be unlawful and a nuisance for any person who is the owner or is in control or possession, or
who has the right to the control, possession or use of any existing wooden oil derrick, to operate;
control or maintain or cause to be controlled, operated or maintained at any time after one year from
the effective date of this ordinance [chapter] [April 29, 19601, a wooden derrick over or used in
connection with an oil and gas well in the City of Costa Mesa.
The City Council finds and determines that existing wooden oil derricks in the City of Costa Mesa
were erected nany years ago; that because of their age and the effect of the elements upon such
derricks, they have becorne structurally unsound and that such derricks being commonly saturated
with oil and gas are fire hazards and should not be permitted in the City of Costa Mesa. All wooden
derricks over or used in connection with oil and gas wells shall be removed and all debris therefrom
cleaned up and removed from the oil well site one year after the effective date of this ordinance
Ichapter] [April 29, 1960].
Sec. 13-295. USE OF EARTHEN SUMPS PROHIBITED
It shall be uniawful and a nuisance, after six (6) months from the effective date of this ordinance
[chapterl [April 29, 19601, to use any open sump or reservoir within the City of Costa Mesa for the
purpose of storing, holding or handling oil or liquid hydrocarbons, rotary mud, drill cuttings and oil field
wastes, derived or resulting from or connected with the drilling, production, use, operating or _
maintenance of any oil and gas well. All of said substances and similar products shall be collected,
and stored in steel tanks or other closed receptors as may be required in any City Council permit.
Sec. 13-296. ABANDONMENT OF WELLS
Any well which has not been produced, or has not been used for subsurface injection into the earth of
Oil, gas, oil field waste, water or liquid substances for a period of one year preceding the effective
date of this ordinance [chapter] [April 29, 19601 shall be permanently and finally abandoned in strict
compliance with the rules and regulations of the Division of Oil and Gas of the State of California, or
any regulatory authority having jurisdiction thereof.
188
Sec. 13-297. REFINERIES, TANK FARMS AND COMMERCIAL ABSORPTION PLANTS PROHIBITED
No refinery, tank farm or commercial absorption plant shall be permitted or allowed within the City of
Costa Mesa.
Sec. 13-298. ENFORCEMENT
Any well drilled or produced and any building or structure erected, operated or maintained, or any use
of property contrary to the provisions of this ordinance [chapter), shall be and the same hereby is
declared to be unlawful and a public nuisance, and the City Attorney shall, upon order of the City
Council, immediately commence action and proceedings for the abatement, removal and enjoinment
thereof in the manner provided by law; and shall take such other action, and shall apply to any court
having jurisdiction to grant such relief as will restrain and enjoin any person from drilling or producing
any such well or from erecting, operating or maintaining such building or structure, or using any
property contrary to the provisions of this ordinance [chapter].
Sec. 13-299, PENALTIES
Any person, whether as principal, agent, employee, or otherwise, violating any provision of this
ordinance [chapter] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punishable by a fine or not more than five hundred dollars ($500.00), or by imprisonment for a period
of not more than six (6) months in the County jail, or by both such fine and imprisonment. Each day
that any violation of this ordinance [chapter] continues shall be considered a new and separate
offense.
Sec. 13-300. VALIDITY
If any section, subsection, sentence, clause or phrase of this ordinance [chapter] is held to be invalid
for any reason, such invalidity shall not affect the validity of any other provision of this ordinance
[chapter]. The City Council of the City of Costa Mesa declares that the provisions of this ordinance
Ichapter] are separable and that it would have passed this ordinance [chapter] and each and every
section, subsection, sentence, clause or phrase, irrespective of the fact that any one or more of the
same be declared invalid.
Sec. 13-301. REPEAL OF CONFLICTING ORDINANCE
Ordinance No. 14, entitled "An Ordinance of the City of Costa Mesa Prohibiting Oil Wells and Oil
Drilling" is hereby repealed.
Sec. 13-302. CORE HOLES AND TEST HOLES PROHIBITED
The drilling of core holes or test holes within the geographical boundaries of the City shall be
prohibited in the same manner as set forth in Section 13-289 relating to the drilling of wells for the
production of oil, petroleum, tar, gas or other hydror^arbons. The drilling of core holes from outside
the territorial lirni; of the City shale be proh;bited, regulate=J or allowed on the same basis as the
drilling of wells odurtion as provided r"ir 0 Section 1:3-290.
The drilling of core holes or test holes, if allowed or provided for under this chapter shall be regulated
in the same manner and by the same rules and regulations as any oil and gas well drilled for
production purposes and all of the provisions of this chapter applicable to oil and gas production wells
shall be applicable to core holes or test holes."
189
Section 3. Title 15 is hereby amended to include the following: —
"CHAPTER VI. UNDERGROUND UTILITY DISTRICTS
Sec. 15-154. "Commission" defined.
As used in this chapter, the term "commission" shall mean the Public Utilities Commission of the
State of California.
Sec.15-151. "Poles, overhead wires and associated overhead structures" defined.
As used in this chapter, the terms "poles, overhead wires and associated overhead structures" shall
mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross -arms, braces,
transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and
appurtenances located above -ground within a district and used or useful in supplying electric,
communication or similar or associated service.
Sec. 15-152. "Underground utility district" or "district" defined.
As used in this chapter, the term "underground utility district" or "district" shall mean that area in
the city -within which poles, overhead wires and associated overhead structures are prohibited as
such area is described in a resolution adopted pursuant to the provisions of Section 15-155.
Sec. I5-153. "Utility" defined.
As used in this chapter, the term "utility" shall include all persons or entities supplying electric;
communication or similar or associated service by means of electrical materials or devices. _
Sec. 15-154. Hearing by council.
The council may from time to time call public hearings to ascertain whether the public necessity, —
health, safety or welfare requires the removal of poles, overhead wires and associated overhead
structures within designated areas of the city and the underground installation of wires and facilities
for supplying electric, communication or similar or associated service. The city clerk shall notify
all affected property owners as shown on the last equalized assessment roll and the affected utilities
concerned, by mail, of the time and place of such hearings at least 10 days prior to the date thereof.
Each such hearing shall be open to the public and may be continued from time to time. At each
sue: hearing al, persons interested shall be given eipportunity to be heard. The decision of the
council shall be fi ial and conclusive. Prior to holding such public hearing, the city engineer shall
consult with all affected utilities and shall prepare a report for submission at such hearing
containing, among other information, the extent of such utilities' participation and estimates of the
total costs to the city and affected property owners. Such report shall also contain an estimate of
the time required to complete such underground installation and removal of overhead facilities.
See. 15-155. Designation of district by resolution.
If, after any such public hearing the council finds that the public necessity, health, safety or welfare
requires such removal and such underground installation within a designated area, the council shall, _
by resolution, declare such designated area an underground utility district and order such removal
and underground installation. Such resolution shall include a description of the area comprising _
190
such district and shall fix the time within which such removal and underground installation shall be
accomplished and within which affected property owners must be ready to receive underground
service. A reasonable time shall be allowed for such removal and underground installation, having
due regard for the availability of labor, materials and equipment necessary for such removal and for
` the installation of such underground facilities as may be occassioned thereby.
Sec. 15-1.56. Overhead facilities prohibited.
Whenever the city council creates an underground utility district and orders the removal of poles,
overhead wires and associated overhead structures therein as provided in Section I5-155, it shall be
unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or
operate poles, overhead wires and associated structures in the district after the date when said
overhead facilities are required to be removed by such resolution, except as said overhead facilities
may be required to furnish service to an owner or occupant of property prior to the performance by
such oN ner or occupant of the underground work necessary for such owner or occupant to continue
to receive utility services as provided in Section 15-161, and for such reasonable time required to
remove said facilities after the work has been performed, and except as otherwise provided in this
chapter.
See. 15-157. Exception generally.
In any resolution adopted pursuant to Section 15-155, the city may authorize any or all of the
followin^ exceptions:
(a) Any municipal facilities or equipment installed under the supervision and to the
satisfaction of the city engineer.
(b) Poles or electroliers used exclusively for streetlighting.
(c) Overhead wires (exclusive of supporting structures) crossing any portion of a district
within which overhead wires have been prohibited, or connecting to buildings on the
perimeter of a district, where such wires originate in an area from which poles, overhead
- wires and associated overhead structures are not prohibited.
(d) Poles, overhead wires and associated overhead structures used for the transmission of
~ electric energy at nominal voltages in excess of 34,500 volts.
(e) Overhead wires attached to the exterior surface of a building by means of a bracket or
- other fixture and extending from one location f,n the building to another location on the
same banding or to an adjacent building without crossing any public street.
(f) Antennas, associated equipment and supporting structures used by a utility for
furnishing communication services.
- (g) Equipment appurtenant to underground facilities, such as surface -mounted transformers,.
pedestal -mounted terminal boxes and meter cabinets, and concealed ducts.
(h) Temporary poles, overhead wires and associated overhead structures used or to be used
in conjunction with construction projects.
T Sec. 15-158. Exception for emergency or unusual circumstances.
191
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained
for a period, not to exceed 10 days, without authority of the council in order to provide emergency
service. The council may grant special permission on such terms as the council may deem
appropriate in cases of unusual circumstances, without discrimination as to any person or utility, to —
erect, construct, install, maintain, use or operate poled, overhead wires and associated overhead
structures.
Sec. 15-159. Notice of creation of district.
(a) Within I0 days after the effective date of a resolution adopted pursuant to Section 15-
155, the city clerk shall notify all affected utilities and all persons owning real property
within the district created by said resolution of the adoption thereof, The city clerk shall
further notify such affected property owners of the necessity that, if they or any person _
occupying such property desire to continue to receive electric, communication or similar
associated service, they or such occupant shall provide all necessary facility changes on
their premises so as to receive such service from the lines of the supplying utility at a
new location, subject to the applicable rules, regulations and tariffs of the respective
utility on file with the commission.
(b) Notification by the city clerk shall be made by mailing a copy of the resolution adopted
pursuant to Section 15-155, together with a copy of this chapter, to affected property
owners as such are shown on the last equalized assessment roll and to the affected --
utilities.
Sec. 15-I60. Responsibility of utility companies
If underground construction is necessary to provide utility service wvithin a district created by any
resolution adopted pursuant to Section 15-155, the supplying utility shall furnish that portion of the —
conduits, conductors and associated equipment required to be furnished by it under its applicable
rules, regulations and tariffs on file with the commission.
Sec. 15-I61. Responsibility of owner, tenant or occupant
Every person owning, operating, leasing, occupying or renting a building or structure within a
district shall construct and provide that portion of the service connection on his property between
the facilities referred to in Section 15-160 and the termination facility on or within said building or
structure being served, all in accordance with the applicable ri.iles, regulations and tariffs of the
respective utility on file with the commission. If the above is not accomlAished by my person
within the time provided for in the resolution enacted pursuant tc Section 15-155, the city council,
through the city clerk, shall give notice in writing to the person in possession of such premises, and s
a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide
the required underground facilities within 10 days after receipt of such notice.
Sec. 15-162. Notice to owner, tenant or occupant of required work.
(a) The notice to provide the required underground facilities may be given either by
personal service or by mail. In case of service by mail on either of such persons, the
notice must be deposited in the United States mail in a sealed envelope with postage
prepaid, addressed to the person in possession of such premises at such premises, and
the notice must be addressed to the owner thereof as such owner's name appears, and
must be addressed to such owner's last known address as the same appears, on the last —
192
equalized assessment roll, and when no address appears, to General delivery, City of
Costa Mesa. If notice is given by mail, such notice shall be deemed to have been
received by the person to whom it was sent within 48 hours after the mailing thereof. If
notice is given by mail, to either the owner or occupant of such premises, the city clerk
shall, within 48 hours after the mailing thereof, printed on a card not less than 8 inches
by I0 inches in size, to be posted in a conspicuous place on said premises.
(b) The notice given by the city clerk to provide the required underground facilities shall
particularly specify what work is required to be done as determined by the city engineer
and shall state that if said work is not completed within the 30 days after receipt of such
notice, the city council will provide such required underground facilities, in which case
the cost and expense thereof will be assessed against the property and become a lien
upon such property.
Sec. 15-163. Work to be done by city; assessment, collection of costs.
(a) If, upon the expiration of the thirty -day period, the required underground facilities have
not been provided, the city shall forthwith proceed to do the work; provided, however, if
such premises are unoccupied and not electric or communications services are being
furnished thereto, the city shall, in lieu of providing the required underground facilities,
have the authority to order the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service to said property. Upon
completion of the work by the city a written report shall be filed with the city clerk
setting forth the fact that the required underground facilities have been provided and the
cost thereof, together with a legal description of the property against which such cost is
to be assessed. The council shall, after considering said report, fix a time and place for
hearing protests against the assessment of the cost of such work upon such premises,
which time shall not be Iess than 10 days thereafter.
(b) The city clerk shall forthwith, upon the time for hearing such protests having been fixed,
give notice in w7iting to the person in obsession of such premises, and a notice in
v citing thereof to the owner thereof, in the manner herein above provided for the giving
of the notice to provide the required underground facilities, of the time and place that
the council will pass upon such report and will hear protests against such assessment.
Such notice shall also set forth the amount of the proposed assessment.
(c) Upon the date and hour set for the hearing of protests, the council shall hear and
consi.er the report and all protests, if there is any, and then shall proceed to affirm,
modify or reject the assessment.
(d) If any assessment is not paid within S days after its confirmation by the council, the
amount of the assessment shall become a lien upon the property against which the
assessment is made by the city clerk, and the city clerk is directed to turn over to the
assessor and tax collector a notice of lien on each side of said properties on which the
assessment has not been paid, and the assessor and tax collector shall add the amount of
the assessment to the next regular bill for taxes levied against the premises upon which
the assessment was not paid. The assessment shall be due and payable at the same time
193
as property taxes are due and payable, shall bear interest at the rate of 6 per cent per
annum.
Sec. 15-164. Responsibility of city.
The city shall remove, at its own expense, all city -owned equipment from all poles required to be
removed pursuant to this chapter in ample time to enable the owner or user of such poles to remove
the same within the time specified in the resolution enacted pursuant to Section 15-155. _
Sec. 15-165. Extensions of time.
In the event any act required by this chapter or by a resolution adopted pursuant to Section 15-155
cannot be performed within the time provided on account of shortage of materials, war, restraint by
public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond
the control of the actor, then the time within which such act will be accomplished shall be extended
for a period equivalent to the time of such limitation.
Sec. 15-166. Violations.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the _
requirements of this chapter. Any person violating any provision of this chapter or failing to
comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished as provided by Section 1-33 of this Code. Each such person shall be _
deemed guilty of a separate offense for each day during any portion of which any violation of any
of the provisions of this chapter is committed, continued or permitted by such person, and shall be
punishable therefor as provided for in this chapter."
follows: Section 4. Section 17-6 of the Costa Mesa Municipal Code is hereby amended to read as
Sec. 17-6. Temporary use of trailers.
The temporary use of trailers is subject to the zoning regulations contained in Title 13 of this Code.
Section 5. Section 17-7 is of the Costa Mesa Municipal Code is hereby amended to read as
follows:
Sec. 17-7 Conditional use permit required for trailer parks.
Trailer parks or mobile home parks are subject to the zoning regulations contained in Title 13 of
this Code and require the approval of a conditional use permit. Application requirements and
processing procedures for conditional use permits are contained in Title 13, CHAPTER III
PLANNING ACTIONS of this Code.
Section 6. Subsection {c} of Section I I-164 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
194
(c) The term "residential use" as used in this chapter means any property zoned for residential use
as provided for in Title 13 of this Code. Sidewalks and streets adjacent to residential property
shall be considered a residential area for purposes of this chapter.
Section 7. Subsection (b) of Section 11-I65 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
(b) Notwithstanding provisions of Chapter XIII NOISE CONTROL of Title 13 of this Code, the
maximum noise Ievel emitted by leaf blowers shall not exceed 65 decibels when measured at a
distance of 50 feet and shall not exceed 55 decibels for more than a total of 15 minutes on any
parcel on any day.
Section S. Section 15-7 of the Costa Mesa Municipal Code is hereby amended to read as
follows:
Sec. 15-7. Signs prohibited.
No person, association, partnership, firm, corporation or trust shall paint, mark or write on, post,
attach or otherwise affix any handbill, notice, sign or similar device to or upon any park, sidewalk,
parkway, crosswalk, street, alley, median, curbstone, street lamppost, bus bench or shelter, hydrant,
tree, shrub, tree stake or guard, electric light, power or telephone pole or wire or appurtenance
thereof, or upon any lighting system, bridge, drinking fountain, street sign, or banner, traffic sign,
fence, building or structure of any kind located on city property or any city right-of-way or
easement unless a permit is issued pursuant to Chapter VIII SIGNS of Title 13 or Chapter II
PUBLIC TRANSPORTATION, SHELTERS AND BENCHES of Title 19. The person,
association, partnership, firm, corporation or trust responsibility for such handbill. notice, sign or
similar de-ice in violation of this section shall be liable for the cost incurred for the removal and
disposal thereof as provided in section 13-127 SIGNS PROHIBITED ON PUBLIC PROPERTY
OR PUBLIC RIGHTS-OF-WAY REMOVAL; ABATE.NtENT OF COSTS AND FINES.
Section 9. Severability
If any provision or clause of this ordinance or the application thereof to any person or
circumstances is held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this
ordinance which can be implemented without the invalid provision, clause or application; and to
this end, the provisions of this ordinance are declared to be severable.
Section 10. Publication
This ordinance shall take effect and be in full force thirty (30) days from and after the passage
thereof, and, prior to the expiration of fifteen (15) days from its passage, shall be published once
in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and
published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against the
same.
195
PASSED AND ADOPTED this 5th day of May, 1997.
Mayor of the City of 4esa
ATTEST:
T.
Deputy City qerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF COSTA MESA }
OVED AS TO FORM q7
lcff, j i--r� .�
CITY ATTORNEY +
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 97-11 was
introduced and considered section by section at a regular meeting of the City Council held on
the 21st day of April, 1997, and thereafter passed and adopted as a whole at a regular meeting
of the City Council held on the 5th day of May, 1997, by the following roll call vote:
AYES: Buffa, Monahan, Erickson, Cowan, Somers
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 6th day of May, 1997.
i.
Deputy City rk and ex-officic..Clerk of
the Pity Council of the City of Costa Mesa
1%
APPENDIX "C"
Preliminary
1991 Southern California
Origin -Destination Survuynit
KEY FINDINGS
In comparison to the 1976 data, households in 1991 were larger and owned
more vehicles, but made fewer trips per vehicle. Regionwide, the average
number of trip per household (all types, purposes) increased slightly by
six (6) percent.
° The percentage of both total and vehicle driver trips that were for
home -work (H -W) and other -Work purposes increased in all county study
areas between 1976 and 1991. Other -work trips increased six (6) percent
across all county study areas.
° Home -work trips had the lowest average vehicle occupancy rate (1.08) and,
correspondingly, the highest percentage of drive -alone trips, 94 percent.
Compared to 1976, vehicle occupancy for H -v trips decreased slightly by
5%.
° The largest percentage of total trips originated or ended at "home" (36
percent), work Was the second most frequent trip origin or destination (15
percent). The remaining 49 percent of trips originated or ended at
"other" locations.
Self-reported me -work travel times increased between 1976 and 1991 in
all counties tudied. In Los Angeles, average home -work travel time
increased 1(from 24 minutes to 29 minutes). The largest
increases in home -work travel time were in the Inland Empire, with
Riverside County showing a 39 percent increase (from 19 minutes to 32
minutes) and San Bernardino County residents indicating a 37 percent
Increase (from 19 minutes to 31 minutes).
° Compared to 1976, there were slightly more drive alone trips, and slightly
fewer vehicle passenger trips.
° Peak periods of home -work travel have widened, with the am peak extending
from 5:00 a.m. to 9:00 a,w., and the pm peak starting earlier than 3:00
p.m. and - cOPtinuiiag untia. after 6:00 p.m. Vhen nor home -work tripe are
Included, the region appears to have a relatively flat peak that lasts
throughout the day, with a slight lull in the late morning.
Statistics per Household,
Vehicle,
and
Person By County
Comparison
to 1976
and
1967
Statistic
Year
Los Angeles
orange
Riverside
Berndin❑ an
Ventura
Persons/Household
(All Ages)
1967
2.9
3.2
N/A
N/A
3.3
1976 2.8 2.8 3.1
3.1
3. ❑
1991 3.1 3.9 3.1
3.2
3.2
Vehicles/Household
1967
1.4
1.6
N/A
N/A
1.5
1976 1.6 1.8 1.7
1.7
1.8
1991 1.7 2.9 1.9
1.9
2.1
Vehicle Trips/Vehicle
1967
4.9
5.5
NIA
N/A
6.1
1976 4.9 4.9 4.9
4.9
5.3
1991 3.7 4.3 3.8
4.4
4.6
Trips/Household
1967
6.4
8.3
N/A
N/A
8.5
1976 7.8 8.9 8.4
8.4
9.6
1991 T8 9.7 8.4
9.7
14.9
Driver Trip/Household
1967
4.6
5.9
N/A
N/A
5.9
1976 5.5 6.5 5.8
5.8
6.9
1991 4.9 6.6 5.5
6.1
7.2
Trips/Person
(All ages)
1967
N/A
N/A
N/A
N/A
N/A
1976 2.8 2.7 2.7
2.7
3.2
1991 2.5 2.7 2.7
3.0
3.4
N&
Average Travel Time in Minutes
Total Trips and Home -work Trips for All Travel Modes
County
All Purposes
All Travel Modes
Home -Work Trips
All Travel Modes
Los Angeles
22.8
29.9
Orange
21.5
29.7
Riveside
22.9
32
San Bernardino
21.2
31.8
Ventura
18.8
25.4
Total
22.2
30.0
a
Average Home -work Travel Times
County
Vehicle Driver
Trips
Vehicle Passenger
Trips
Public Transit
Trips
All Vehicle
Trips
Los Angeles
29.15
29.64
48.56
35.78
Orange
30.32
25.92
48.92
35.05
Riverside
31.56
30.68
53.50
38.58
San Bernardino
30.67
46.05
47.00
41.24
Ventura
24.92
25.03
72.67
40.87
Total
29.49
30.32
48.72
38.31
Times in Minutes by Trip type
1.
Comparison of Average Home -Work Vehicle Driver Trip Travel Times
1967,1976 and 1991
County
Study Area
1967
1976
Percent Difference
1967 to 1976
1991
Percent Difference
1976 to 1991
Los Angeles
24.0
24.4
0.83%
29.2
17.0%
Orange
21.8
23.2
6.0%
30.3
23.5%
Riverside
N/A
19.1
N/A
31.6
39.5%
San Bernardino
N/A
19.1
N/A
30.7
37.7%
Ventura
19.5
22.0
11.4%
24.9
11.75%
A
Licensed Driver Per Household
County Study Area
Single
Multiple
All
Les Angeles
1.80
1.24
1.52
Orange
2.17
1.52
1.87
Riverside
1.84
1.34
1.70
San Bernardino
1.91
1.30
1.76
Ventura
2.14
1.43
1.89
n
Comparison of 1991 Summary Characteristics to
1976 Summary Characteristics
1976 1991
Person per Household (All ages) 2.8 3.1
Vehicles per Household 1.6 1.8
Full Time Employees per Household 0.9 1.0
Licensed Drivers per Household 1.7 1.6
Vehicle Driver Trips per Household 5.6 5.4
Vehicle Passenger Tripper Household 2.1 1.7
Transit Trips per Household 0.2 0.2
Total Trips per Household 8.1 8.6
Total Trips per Person 2.9 2.8
I i I I I I I 1 f I I I l f I I I I i
Person Per Household By County Study Area
Compared to 1975 Results
1975
1991
Los Angeles
2.79
3.12
Orange
2.85
3.02
Riverside
3.07
3.08
San Bernardino
3.07
3.22
Ventura
3.04
3.20
Study Area
2.84
3.11
IX. TRIP START TIMES
This section presents analyses of trip purposes, trip types, and selected modes of
transportation by start time.
Figure 28
Distribution of Vehicle Driver Trips By Start Time
2,500,000
2,000,000
N .
CL
1,500.000
0
a`
n
E 1.000.000
z
500.000
0
-t
CV I? u? c O r C4
cv cv �-, v ui rd r ai ^ N� N M 4 0 6 r
ri
r r -
Time of Day
Figure 28 illustrates the distribution of vehicle driver trips by trip start time. The
morning peak travel occurred between 6:00am and approximately 8:30am, and midday
travel peaked between 11:00am and 2:00pm. The evening peak period began at about
3:00pm and lasted until just after 6:00pm, and at the highest point comprised almost
2,50 million trips.
2.50
1991 Origin -Destination Survey - February, 1993
_ R
Table 14
Trip Purpose Trends By County Study Area
County Study
Area
T
rip Purpose
Home -Other
Home -Work
Other -Other
Other -Work
Home -Shop
i 1976
1991
1976
1991
1976
1991
1976
1991
1976
1991
Total
Trips
Los Angele-
41%
42%
17%
22%
22'0
15%
8%
13%
12%
8%
Orange
38%
41%
20%
20%
21%
16%
9%
14%
13%
9%
Riverside
41%
46%
16%
17%
22%
17%
7%
11%
13%
9%
San Bernaraino
41%
45%
16%
16%
22%
19%
7%
11%
13%
9%
Ventura
41%
42%
16%
18%
23%
17%
9%
15%
12%
8%
Total
40%
43%
18%
20%
22%
W/1.
8%
i3% 12%
9%
.:
WHO, v 4yW}
.
Vehicle
Driver
Trips
I
Los Angeles
37%
34%
21%
27%
21% _
15%
10%
15%
12%
8%
Orange
34%
34%
23%
24%
20%
16%
10%
16%
12%0 1
9%
Riverside
37%
36%
20%
23%
22%
17%
9%
15%
13%
9%
San Bemardinc
37%
35%
20%
22%
22%
19%
9%
14%
13%
10%
Ventura 37%
33% 19%
23%
23%
17%
10%
18°/0
11%
9%
Total 3701.
34% 21%
25% 21%
16%
10% 16% 12%
s°i°
Table '19
Home -work Trips By Trip Type and Travel Mode By County Study Area
County
Trip Types
and Travel Modes Los Angeles Orange Riverside San Bernardino Ventura
Total % I Total % Total % Total % Total %
Drive Alone 3,623,509
93%
1,277,989
94%
467,321
91%
587,766
94%
336,652
93%
W::- 1 Passenger 198,923
5%
57,092
4%
29,979
6%
28,496
5%
16,728
5%
Vehicle
Driver
Trips
With 2
or mors `
Passengers 78,139
2%
26,089
2%
14,304
3%
1 11,972
2%
1 8,576
2%
Total 3,900,571
77%
I 1,361,170
84%
511,604
85%
628,234
84%
361,956
84%
Vehicle Passenger Trips 538,291
11%
144,682
9%
56,849
9%
76,578
1 10%
42,830
10%
Public Transit Trips 331,616
1 7% 1
43,553
3%
2,518
0%
1 6,284
1%
1 1,612
0%
Walk 212,787
66%
34,856
48%
16,004
55%
18,353
49%
15,541
62%
Other
Bicycle 51,199
16%
18,014
25%
4,22.4
15%
7,335
20%
5,949
24%
Trips
School Bus 5,013
2%
3,061
4%
669
2%
560
2%
187
1%
Motorcycle 35,831
11%
10,853
15%
3,434
12%
6,534
18%
1,637
6%
Taxi/Shuttle 355
0%
262
0%
0
0%
1,720
5% 1
250
1%
Amtrak 0
0%
1,090
1%
0
0%
0
0% 1
0
0%
Other 161655,5%
5,155
7%
4,515
16%
2,634
7%
1,683
7%
Tota! 321,840
6% 1
73,291 1
5%
28,846
5% 1
37,136 1
5% 1
25,247
6%
j
J
Table 41
Employed Persons By County Study Area, 1976 and 1991
(1) Riverside and San Bernardino Counties have been combined for the purposes of comparison.
Table 42
Employment Industry By County Study Area*
Industry
Los Angeles
Orange
Riverside
San Bernardino
Full -Time
Part -Time
Total
1976
1976
1991
1991
1976
1976
1991
1991
1976
1976
1991
1991
County
38.2%
38.2%
Percent
Agriculture/Mining
Percent
0.8%
Percent
0.7%
Percent
Construction
Percent
6.5%
Percent
Los Angeles
2,508,10
69%
2,880,683
60%
623,300
67%
637,971
57%
3,131,400
68%
3,518,654
17.2%
13.9%
0
13.8%
13.5%
8.8% .
10.2%
12.4%
Trans portation/Comtnunications/Utilities
3.9%
4,1%
4.6%
5.5%
60%
Orange
630.-'-'
17%
879,438
18%
173,200
19%
220,067
20%
804,100
18%
1,099,505
19%
Riverside & San
Bemardino;'t
376,03
10%
772,292
16%
96,100
10%
196,192
18%
472,100
10%
968,484
16%
Ventura
145,9C0
4%
237,923
5%
35,800
4%
58,820
5%
181,700
4%
296,743
5%
Total Study Area
3,660,90
100%
4,770,336
100%
928,400
100%
1,113,050
100%
4,589,30 100%
5,883,386
100%
(1) Riverside and San Bernardino Counties have been combined for the purposes of comparison.
Table 42
Employment Industry By County Study Area*
Industry
Los Angeles
Orange
Riverside
San Bernardino
Ventura
Finance/Insurance/Real Estate
8.9%
8.9%
7.9%
6.2%
7.1%
Retail Trade
10.4%
11.2%
14.0%
12.4%
10.8%
Service
44.2%
43.5%
38.2%
38.2%
39.6%
Agriculture/Mining
0.6%
0.8%
2.2%
0.7%
3.2%
Construction
5.6%
6.5%
10.5%
8.0%
8.2%
Wholesale Trade
2.6%
2.9%
2.4%
1.7%
2.1%
Government
10.0%
8.7%
11.5%
17.2%
13.9%
Manufacturing
13.8%
13.5%
8.8% .
10.2%
12.4%
Trans portation/Comtnunications/Utilities
3.9%
4,1%
4.6%
5.5%
2.7%
Figures represent the Industry for respondents who answered full-time, part-time, or self-employed.
EXHIBIT B
CITY OF COSTA MESA Page 1 of 2
CITY—WIDE TRAFFIC IMPACT FEE ACCOUNT
Fund Balance as of April 30, 1997
FISCAL YEAR 1993/94
Beginning Fund Balance, collection from August 6, 1993 0
1. Revenues
Traffic Impact fees $65,930
Investment Earnings $ 3,089
Revenue subtotal $69,019
2. Expenditures 0
Fund Balance June 30, 1994 69 019
3. Refunds
Amount of funds unexpended
or uncommitted after 5 years 0
4. Administration Costs
Amount charged to account 0
5. Closing Balance June 30, 1994 $69,019
FISCAL YEAR 1994/95
Beginning Fund Balance July 1, 1994 69,019
1. Revenues
Traffic Impact fees $85,498
Investment Earnings $ 9,071
Revenue subtotal $94,569
2. Expenditures 0
Fund Balance June 30, 1995 $163,588
3. Refunds
Amount of funds unexpended
or uncommitted after 5 years 0
4. Administration Costs
Amount charged to account 0
5. Closing Balance June 30, 1995 $163,588
EXHIBIT B
CITY OF COSTA MESA Page 2 of 2
CITY—WIDE TRAFFIC IMPACT FEE ACCOUNT
Fund Balance as of April 30, 1997
FISCAL YEAR 1995/96
Beginning Fund Balance July 1, 1995 $163,588
1. Revenues
Traffic Impact fees $826,793
Investment Earnings $ 56,846
Revenue subtotal $883,639
2. Expenditures 0
Fund Balance June 30, 1996 1 047,227
3. Refunds
Amount of funds unexpended
or uncommitted after 5 years 0
4. Administration Costs
Amount charged to account 0
5. Closing Balance June 30, 1996 $1,047,227
FISCAL YEAR 1996/97
Beginning Fund Balance July 1, 1996 $655,926
1. Revenues
Traffic Impact fees $79,260
Investment Earnings $36,817
Revenue subtotal $116,077
2. Expenditures 0
Fund Balance April 30, 1997 $772,003
3. Refunds
Amount of funds unexpended
or uncommitted after 5 years 0
4. Administration Costs
Amount charged to account 0
S. Projected Balance June 2, 1997 $772,003
* Fund Balance corrected for posting error of fees paid by Auto Club