HomeMy WebLinkAbout2025-07 - Zoning Code CleanupORDINANCE N0. 2025-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING CHAPTERS 1, Ill, IV, V, Vl, Vll, IX X AND XI OF TITLE 13
(PLANNING ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL
CODE (PLANNING ZONING AND DEVELOPMENT) TO PROVIDE TECHNICAL
UPDATES AND CLARIFICATIONS (CODE AMENDMENT PCTY-2025-0001)
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES
HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, the Zoning Code (Title 13 of Costa Mesa Municipal Code) sets the
zoning and land use regulations for the City of Costa Mesa in general; and
WHEREAS, the purpose of this code amendment is to codify external documents
to clarify Zoning Code regulations where necessary, and to conform to recent revisions
to and requirements of State law; and
WHEREAS, regular updates to the Zoning Code are needed to ensure consistency
between various sections, provide clarifications, and reflect the latest State code
regulations; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on July 28, 2025 with all persons having the opportunity to speak for and against the
proposal; and
WHEREAS, the Planning Commission recommended that the City Council adopt
this ordinance updating the Zoning Code as set forth herein on a 6-O vote; and,
WHEREAS, the City Council held a public hearing on September 16th, 2025 with
all persons having the opportunity to speak for and against the proposal.
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Zoninq Code Amendment. Title 13, Chapter 1, Section 13-6: Definitions,
Chapterlll, Section 13-28: Types, Chapter IV, Section 13-30: Purpose, ChapterV, Section
13-32: Development Standards, Chapter V, Section 13-35: Accessory Dwelling Units,
ChapterV, Section 13-36: Two-Unit Housing Development, ChapterV, Section 13-41:
Residential Common Interest Development Standards and Requirements, Chapter V,
Section 13-42.3: Development Standards and Requirements, Chapter V, Section 13-74:
ElevationandScreeningRequirements ChapterV,Sectionl3-75:FencesandWalls,
Ordinance No. 2025-07 Page 1 of 75
Chapter Vl, Section 13-89: Parking Required, Chapter Vlll, Section 13-111 : Definitions,
Chapter IX, Section 13-142: Development Standards, and ChapterXll, Section 13-265.5:
Parcel Maps for Urban Lot Splits, of the Costa Mesa Municipal Code are hereby amended
as set forth in Exhibit A, attached hereto.
Section 2. Compliance with CEQA. Pursuant to the California Environmental Quality Act
(CEQA), this ordinance is exempt from the provisions of the CEQA under CEQA
Guidelines Section 15061(b)(3) ("Common Sense Exemption") as it can be seen with
certainty that these minor amendments to the Zoning Code will not have a significant
effect on the environment.
Section 3. Inconsistencies. Any provision of this Ordinance which is inconsistent with
state law shall be interpreted in a manner to be consistent with state law. Any provision
of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions
of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
or modified to that extent necessary to effect the provisions of this Ordinance.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section5. EffectiveDate. ThisOrdinanceshalltakeeffectonthe31stdayafferadoption.
Section 6. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
Ordinance No. 2025-07 Page 2 of 75
PASSED AND ADOPTED this 7th day of October, 2025.
ATTEST:
Brenda Green ,ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APPROVED AS TO FORM:
�� Kimberly Plall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing Ordinance No. 2025-07 was duly introduced for
first reading at a regular meeting of the City Council held on the 16th day of September
2025, and that thereafter, said Ordinance was duly passed and adopted at a regular
meeting of the City Council held on the 7th day of October, 2025, by the following roll call
vote, to wit
AYES: COUNCIL MEMBERS: BULEY, GAMEROS, PE TTIS, REYNOLDS, CHAVEZ,
AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: MARR.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of October 2025.
Ordinance No. 2025-07 Page 3 of 75
Section 13-6 Definitions.
Abutting. Sharing a common boundary, of at least one point contiguous to, having
district boundaries or lot lines in common (i.e., not separated by an alley, public or
private right-of-way, or street).
Accessory building. A building or part of a building which is subordinate to, and the use
of which is incidental to that of the main building or use on the same lot.
Accessory dwelling unit (ADU). See Chapter V, Article 2, section 13-35.
Accessor37 use. A use incidental and subordinate to and devoted exclusively to the main
use of the land or building thereon that does not change the character of the structure or
use.
Accessory use, residential. A use that is a part of, and clearly incidental and secondary
to, a residence; located on the same lot as a residence; and that does not change the
character of the residential use such as:
(a) Accessory dwelling unit (ADU)
(b) Home occupations
(c) Personal property sales (i.e., garage or yard sales).
Adjacent. Same as abutting, but also includes properties which are separated by a
public right-of-way, not exceeding 120 feet in width.
Administrative adjustment. 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 or drug abuse recovery or treatment facility. Adult alcoholism or drug abuse
recovery or treatment facilities that are licensed pursuant to section 11834.01 of the
California Health and Safety Code. Alcoholism or drug abuse recovery or treatment
facilities are a subset of residential care facilities.
Alteration (structure). Any construction, addition or physical change in the internal
arrangement of rooms or the supporting members of a structure, or change in the
appearance of any structure, except paint.
Ambient noise level. The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources, excluding the alleged
offensive noise, at the location and approximate time at which a comparison with the
alleged offensive noise is to be made.
Antenna. Any structure, including, but not limited to, a monopole, tower, parabolic
and/or disk shaped device in single or multiple combinations of either solid or mesh
construction, intended for the purpose of receiving or transmitting communication to or
Ordinance No. 2025-07 Page 4 of 75
from another antenna, device or orbiting satellite, as well as supporting equipment
necessary to install or mount the antenna.
Antenna, amateurradio. An antenna array and its associated support structure, such as
a mast or tower, that is used for the purpose of transmitting and receiving radio signals
in conjunction with an amateur radio station licensed by the Federal Communications
Commission.
Antenna, communication. All types of receiving and transmitting antennas, except
satellite dish antennas and amateur radio antennas. Communication antenna includes,
but is not limited to, cable television antennas, cellular radiotelephone cell antennas, FM
digital communication antennas, microwave telephone communication antennas, and
shortwave communication and other similar antennas.
Antenna height. The distance from the property's grade to the highest point of the
antenna and its associated support structure when fully extended.
Antenna, satellite dish. An antenna intended for the purpose of receiving or transmitting
communication to or from an orbiting satellite.
Antenna, whip. An antenna and its support structure consisting of a single, slender, rod-
like element which is supported only at or near its base.
Apartment. A rental or lease dwelling having kitchen facilities in a structure designed or
used to house at least one family, as the term "family" is defined in this Zoning Code.
Assembly use. A use conducted in a structure or portion of a structure for the purpose
of a civic, education, political, religious, or social function or for the consumption or
receipt of food and/or beverages. Assembly use includes, but is not limited to, churches
and other places of religious assembly, mortuaries, primary and secondary schools,
trade and vocational schools, colleges, amusement centers, billiards parlors, bowling
centers, establishments where food or beverages are served, motion picture theaters,
physical fitness facilities, skating rinks, and dance, martial arts, and music studios.
Assembly use does not include sexually oriented businesses.
Association (homeowners). The organization of persons who own a lot, parcel, area,
airspace, or right of exclusive occupancy in a common interest development and who
have interests in the control of common areas of such project.
Attached (structure). Any structure that has a wall or roof in common with another
structure.
Attic. Any non-habitable area immediately below the roof and wholly or partly within the
roof framing.
Awning. A roof-like cover that projects from the wall of a building for the purpose of
shielding the sun or providing an architectural accent.
Basement. A space wholly or partially underground and having more than 1/2 of its
height, measuring from floor to ceiling, below the average grade. If the finished floor
level directly above the basement is more than four feet above grade at any point, the
basement shall be considered a story.
Ordinance No. 2025-07 Page 5 of 75
Boardinghouse. A dwelling unit, other than a hotel, wherein rooms are rented under two
or more separate written or oral rental agreements, leases or subleases or combination
thereof, whether or not the owner, agent or rental manager resides within the dwelling
unit. Boardinghouse, small means two or fewer rooms being rented to a maximum of
three occupants per dwelling unit. Boardinghouse, large means three to six rooms being
rented to a maximum of six occupants per dwelling unit. Boardinghouses renting two or
fewer rooms and having more than three occupants, or renting more than six rooms
and/or having more than six occupants, per dwelling unit are prohibited.
Building. Any structure having roof and walls and requiring permanent location on the
ground, built and maintained for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
Building height. The distance from the finished grade (as defined in this section) to the
highest point on the roof, including roof-top mechanical equipment and screening.
Building, main. The building or buildings within which the principal use permitted on the
lot is conducted.
Carport. A permanent, roofed structure, not completely enclosed which is used for
vehicle parking.
Central administrative office. An establishment primarily engaged in management and
general administrative functions performed centrally for other establishments of the
same company.
Churches and other places of religious assembly. A type of assembly use which has the
principal purpose of religious worship and for which the primary space is a sanctuary.
Religious activities and services held in the sanctuary are conducted at scheduled
times. The use may also include accessory facilities in the same or separate building
that includes classrooms, assembly rooms, restrooms, kitchen, and a library. Other
uses such as, but not limited to, day care facilities, nursery schools, schools, retail
sales, and services to businesses, are not considered a primary function of churches
and other places of religious assembly.
Cigar bar. See Smoking lounge.
City. City of Costa Mesa.
Common area. Those portions of a project area which are designed, intended or used in
common and not under the exclusive control or possession of owners or occupants of
individual units in planned development projects or common interest developments.
Common interest development. A development as defined in State Civil Code section
1350, containing two or more common interest units, as defined in Civil Code section
783; a community apartment project, as defined in State Business and Professional
Code section 11004, containing two or more rights of exclusive occupancy; and a stock
cooperative, as defined in Business and Professional Code section 11003.2, containing
two or more rights of exclusive occupancy.
Conditional use permit. A discretionary approval usually granted by the planning
Ordinance No. 2025-07 Page 6 of 75
commission which allows a use or activity not allowed as a matter of right, based on
specified findings.
Convenience stores, mini-markets. A retail store, generally less than 10,000 square feet
in area, that sells a variety of convenience foods, beverages and non-food items. Fresh
dairy products, produce and/or meat may be offered on a limited basis.
County. County of Orange.
Covered parking space. A garage, carport or parking space which is completely covered
by a roof.
Density bonus. A minimum increase of 25% over the allowable residential dwelling unit
density as specified by the zoning classification.
Development. The division of land into two or more lots; the construction,
reconstruction, conversion, structural alteration, relocation, or enlargement of any
structure; any mining, excavation, landfill, or land disturbance; and any use or extension
of the use of land.
Development review. The processing of a development plan when authority for approval
is vested in the planning division.
Development services department means the Development Services Department of the
City of Costa Mesa.
Development services director. The director of development services of the City of
Costa Mesa, or his or her designee.
Disabled shall have the same meaning as handicapped.
Dormer. A vertical window in a projection built out from a sloping roof.
Driveway, common. A paved area for vehicle circulation and parking purposes which
features joint use between two or more parties.
Driveway, individual. The paved area strictly leading to the garage/carport of a
residence. This paved area serves vehicle parking purposes and does not extend
beyond the garage/carport unless a curvilinear design is necessary for the turning
radius.
Dwelling, single-family. "Dwelling, single-family" or "single-family dwelling" is a building
of permanent character placed in a permanent location which is designed or used for
residential occupancy by one family. A single mobile home on a foundation system on a
single lot is a single-family dwelling. (See Manufactured housing).
Dwelling, multi-family. "Dwelling, multi-family" or "multi-family dwelling" is a building or
buildings of permanent character placed on one lot which is designed or used for
residential occupancy by two or more families.
Dwelling unit. One or more rooms in any building designed for occupancy by one family,
and containing one kitchen unit, including manufactured housing. (See Manufactured
housing).
Ordinance No. 2025-07 Page 7 of 75
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 cigarette. An electronic and/or battery-operated device used to provide an
inhalable dose of nicotine by delivering a vaporized solution. The term includes any
such device manufactured, distributed, marketed, or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any
other product name or descriptor. The term does not include any medical inhaler
prescribed by a licensed doctor.
Electronic game machine. Any electronic or mechanical device which upon insertion of
a coin, slug, or token in any slot or receptacle attached to the device or connected
therewith, operates, or which may be operated for use as a game, contest, or
amusement through the exercise of skill or chance.
Emergency shelters. A facility that provides immediate and short-term housing for
homeless persons that is limited to occupancy of six months or less. Supplemental
services may include counseling and access to social programs. No individual or
household may be denied to emergency shelter because of an inability to pay.
Entertainment (live). Any act, play, revue, pantomime scene, dance act, musical
performance, or any combination thereof, performed by one or more persons whether or
not they are compensated for the performance.
Establishment where food or beverages are served. Any commercial use that sells
prepared food and/or beverages for consumption on site or off site, either solely or in
conjunction with an ancillary or complementary use. Excluded from this definition are
grocery stores, convenience stores, movie theaters, and other such uses, as
determined by the development services director, where the sale of food or beverages
is clearly incidental to the primary use. All establishments selling alcoholic beverages for
consumption on-site are included within this definition
Fair housing laws. The Federal Fair Housing Act, the Americans with Disabilities Act,
and the California Fair Employment and Housing Act, as each statute may be amended
from time to time, and each statute's implementing regulations.
Family. One or more persons occupying one dwelling unit and living together as a single
housekeeping unit.
Family day care home, large. A home which provides family day care to seven to 14
children as defined in section 1596.78 of the State Health and Safety Code.
Family day care home, small. A home which provides family day care to eight or fewer
children as defined in section 1596.78 of the State Health and Safety Code.
Floorarea 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
Ordinance No. 2025-07 Page 8 of 75
sale includes yard sale.
General plan. The City of Costa Mesa General Plan as adopted or amended from time
to time by the city council.
Grade. The lowest point of the finished surface elevation of either the ground, paving or
sidewalk within the area between the building and the property line, or when the
property line is more than five feet from the building, between the building and a line five
feet from the building.
Grade, finished. The surface of the ground at a stated location as it exists after
completion of precise grading.
Grade, natural. The unaltered natural surface of the ground at a stated location.
Gross acreage. The total area within the lot lines of a lot of land before public streets,
easements or other areas to be dedicated or reserved for public use are deducted from
such lot, and not including adjacent lands already dedicated for such purposes.
Gross floorarea. The area of all floors within the walls of a structure except elevator and
other vertical shaffs (including stairwells) and elevator equipment areas..
Gross leasable area. The total floor area designed for tenant occupancy and exclusive
use, including both owned and leased areas.
Group home. A facility that is being used as a supportive living environment for persons
who are considered handicapped under state or federal law. A group home operated by
a single operator or service provider (whether licensed or unlicensed) constitutes a
single facility, whether the facility occupies one or more dwelling units. Group homes
shall not include the following: (1) residential care facilities; (2) any group home that
operates as a single housekeeping unit.
Guestroom. A room occupied or intended, arranged, or designed for occupancy by one
or more guests.
Handicapped. As more specifically defined under the fair housing laws, a person who
has a physical or mental impairment that limits one or more major life activities, a
person who is regarded as having that type of impairment, or a person who has a
record of that type of impairment, not including current, illegal use of a controlled
substance.
Hazardous materials. Any material of quantity, concentration, physical or chemical
characteristics, that poses a significant present or potential hazard to human health and
safety or to the environment if released into the work place or environment; or any
material requiring a Material Safety Data Sheet according to Title 8, section 339 of the
State Code of Regulation.
Height. See Building height and Antenna height.
Home occupation. Any business or commercial use conducted within a dwelling unit.
Hookah lounge. See Smoking lounge.
Ordinance No. 2025-07 Page 9 of 75
Hotel. Any building or combination of buildings generally three or more stories in height
containing six or more guest rooms offering transient lodging accommodations to the
general public and providing incidental guest services such as food and beverage
service, recreation facilities, retail services and banquet, reception and meeting rooms.
Typically, room access is provided through a main or central lobby.
Household includes all the people occupying a dwelling unit, and includes people who
live in different units governed by the same operator.
Individual counseling. A single-operator business that provides individual and/or family
counseling and occupies no more than 500 square feet of total square footage,
including but not limited to an office suite and corresponding proportion of any common
waiting areas. Any counseling use with a floor area of more than 500 square feet shall
be considered a group counseling use.
Integral facilities. Any combination of two or more group homes which may or may not
be located on the same or contiguous parcels of land, that are under the control and
management of the same owner, operator, management company or licensee or any
affiliate of any of them, and are integrated components of one operation shall be
referred to as integral facilities and shall be considered one facility for purposes of
applying federal, state and local laws to its operation. Examples of such integral
facilities include, but are not limited to, the provision of housing in one facility and
recovery programming, treatment, meals, or any other service or services to program
participants in another facility or facilities or by assigning staff or a consultant or
consultants to provide services to the same program participants in more than one
licensed or unlicensed facility.
Integral uses. Any two or more residential care programs commonly administered by the
same owner, operator, management company or licensee, or any affiliate of any of
them, in a manner in which participants in two or more care programs participate
simultaneously in any care or recovery activity or activities so commonly administered.
Any such integral use shall be considered one use for purposes of applying federal,
state and local laws to its operation.
Intersection. The general area where two or more roadways join or cross.
Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration,
cooking and preparation of food.
Landscaping. Plant materials such as lawn, groundcover, trees and shrubs.
Loft. An intermediate floor placed within a room, where the clear height above and
below the loft is not less than seven feet, and where the aggregate area of the loft does
not exceed 1/3 of the area of the room in which it is located.
Lot.
(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
Ordinance No. 2025-07 Page 10 of 75
applicable local ordinances.
(b) A parcel of real property when shown on a record of survey map or deed filed in the
office of the county recorder, when such map or deed was filed as the result of and
was made a condition of a lot division approved under the authority of prior
ordinances.
Lot area. The total land area of a project after all required dedications or reservations for
public improvements, including, but not limited to, streets, parks, schools, and flood
control channels. This phrase does not apply in the planned development zones where
the phrase "site area," as defined in Chapter V, Development Standards, is used.
Lot, corner. A lot abutting on and at the intersection of two or more streets which
intersect at an angle that is equal to or less than 135 degrees.
Lot, depth. The average of the horizontal distance between the front and the rear lot
lines.
Lot, development. The master lot or project site upon which a development will be
constructed.
Lot, individual dwelling unit. An individual building site or lot within a development
intended for construction of a single attached or detached dwelling unit.
Lot, interior. A lot abutting only one street, or a lot abutting two streets which intersect at
an angle greater than 135 degrees.
Lot, width. The horizontal distance between the side lot lines measured at right angles
to the lot depth at the front building setback line.
Manufactured housing. Detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, including structures known as
manufactured homes and mobile homes. For the purpose of this Zoning Code, a
factory-built single-family structure that is manufactured under the authority of 42 u.s.c.
section 5401, the National Manufactured Home Construction and Safety Standards Act,
transportable in one or more sections, built on a permanent chassis and used as a
place of human habitation, shall be considered a single-family home and shall be
reviewed under the same standards as a sitebuilt structure.
Marijuana. Has the same definition as that set forth in California Health and Safety
Code section II C)18.
Marijuana cultivation and/or medical marquana cultivation. The planting, growing,
harvesting, drying or processing of marijuana plants or any part thereof for any purpose,
including medical marijuana, and shall include both indoor and outdoor cultivation.
Master plan. The overall development plan for a parcel or parcels which is depicted in
both a written and graphic format.
Master plan of highways. The graphic representation of the city's ultimate circulation
system contained in the general plan. It illustrates the alignment of the major, primary,
secondary and collector highways.
Ordinance No. 2025-07 Page Il of 75
Median. A paved or planted area separating a parking area, street, or highway, into two
or more lanes or directions of travel.
Medical marijuana. Marijuana used for medical purposes in accordance with California
Health and Safety Code section 11362.5.
Medical marijuana dispensary. A facility or location where medical marijuana is
cultivated or by any other means made available to and/or distributed by or to three or
more of the following: a primary caregiver, a qualified patient, or a person with an
identification card in strict accordance with State Health and Safety Code sections
11362.5 et seq., and 11362.7 et seq., which shall include, but not be limited to, any
facility or location engaging in the retail sale, dispensation, or distribution of marijuana
for medical purposes that does not have an active role in the cultivation of the marijuana
product that it sells, dispenses, or distributes, or when its cultivation of the marijuana
product is off-site from the facility or location for retail sale, dispensation, or distribution.
Minor conditional use permit. A discretionary approval granted by the zoning
administrator which allows a use or activity not allowed as a matter of right, based on
specified findings.
Minor modification. A discretionary entitlement granted by the planning division, which
permits limited deviation from the strict application of the development standards
contained in this Zoning Code, based on specified findings.
Mixed use development. The development of lot(s) or structure(s) with two or more
different land uses such as, but not limited to a combination of residential, office,
manufacturing, retail, public, or entertainment in a single or physically integrated group
of structures.
Mobile home. See Manufactured housing.
Mobile home park. Any area or tract of land where two or more mobile home lots are
rented or leased, held out for lease or rent, or were formerly held out for rent or lease
and later converted to a subdivision, cooperative, condominium, or other form of
resident ownership, to accommodate manufactured homes or mobile homes. A mobile
home park also means a mobile home development constructed according to the
requirements of Part 2.1 (commencing with section 18200) of Division 13 of the State
Health and Safety Code, and intended for use and sale as a mobile home condominium
or cooperative park, or as a mobile home planned unit development.
Motel. Any building or combination of buildings of one to three stories in height having
six or more guest rooms with parking located convenient to the guest rooms and
providing temporary lodging for automobile tourists and transient visitors. Typically,
guest rooms have direct access to available parking without passing through a common
lobby area. Motels also include auto courts, tourist courts, motor lodges, motor inns and
motor hotels.
Municipal Code. City of Costa Mesa Municipal Code.
Open space. An area that is intended to provide light and air, and is designed for either
environmental, scenic or recreational purposes. Open space may include, but is not
Ordinance No. 2025-07 Page 12 of 75
limited to, lawns, decorative planting, walkways, active and passive recreational areas,
playgrounds, fountains, swimming pools, wooded areas; first floor decks; unenclosed
patios with solid or lattice roofs; water courses; and surfaces covered by not more than
five feet in depth by projections which are at least eight feet above grade.
Open space shall not include the following: driveways; parking lots; other surfaces
designed or intended for vehicular travel; and upper floor decks, balconies or areas
under projections which are less than eight feet above grade.
Open space, common. An area of land reserved primarily for the leisure and
recreational use of all residents of a planned development or common interest
development and owned in common by them, generally through a homeowners'
association.
Open space, private. An area of land located adjacent to an individual dwelling unit,
owned or leased and maintained by its residents, and reserved exclusively for their use.
Operator means a company, business or individual who provides residential services,
i.e., the placement of individuals in a residence, setting of house rules, and governing
behavior of the residents as residents. Operator does not include a property owner or
property manager that exclusively handles real estate contracting, property
management and leasing of the property and that does not otherwise meet the definition
of operator.
Organizational documents. The declaration of restrictions, articles of incorporation,
bylaws, and any contracts for the maintenance, management or operation of all or any
part of a project.
Parcel. Same as Lot.
Parkway. The area of a public street that lies between the curb and the adjacent
property line or physical boundary definition, which is used for landscaping and/or
passive recreational purposes.
Paved area. Ground surface covered with cobblestone, clay-fired bricks, concrete
precast paver units, poured concrete with or without decorative surface materials, or
asphaltic or rubber mixture which may include sand, stone, or gravel as an ingredient to
create a hard surface. A graded natural surface or one covered with rolled stone or
overlaid with loose gravel is not considered paved area.
Peak hour. The hour during the AM peak period (typically 7:00 a.m.-9:00 a.m.) or the
PM peak period (typically 3:00 p.m.-6:00 p.m.) in which the greatest number of vehicle
trips are generated by a given land use or are traveling on a given roadway.
Permitted use. Any use allowed in a land use zoning district without requiring a
discretionary approval, and subject to the provisions applicable to that district.
Planned development. A land area which is developed as an integrated unit under
single ownership or control and having planned development zoning designation.
Planning application. A broad term for any development project or land use which
requires the discretionary review and approval of either the planning division, zoning
Ordinance No. 2025-07 Page 13 of 75
administrator, planning commission, or city council. Planning applications include
administrative adjustments, conditional use permits, development reviews, variances,
etc.
Planning division. The planning division of the development services department of the
City of Costa Mesa.
Project. See Development.
Property line. A line of record bounding a lot which divides one lot from another lot or
from a public or private street or any other public space.
Property line, front. For interior lots, the narrowest property line of a lot abutting a public
or private street. If two or more equal property lines are narrowest, the front shall be that
property line across which the development takes its primary access (if the primary
access is determined to be equal, there shall be two front property lines). However, for
non-residentially zoned property, any property line abutting a public street designated
as a secondary, primary or major street on the master plan of highways shall be
deemed a front property line. A non-residentially zoned property shall have more than
one front property line when it abuts more than one street designated as secondary,
primary, or major on the master plan of highways.
For R-1 zoned property located on corner lots, the front property line may be the property
line towards which the front of the dwelling unit is oriented.
Property line, rear. The property line opposite the front property line. A corner lot with
more than one front property line shall have more than one rear property line. megularly
shaped lots may also have more than one rear property line.
Property line, side. Any property line which is not a front or rear property line.
Property line, ultimate. The boundary of a lot affer the dedication of land for use as
public right(s)-of-way, whether dedicated in fee or by easement. A setback is measured
from the ultimate property line.
Public area. Establishments where food or beverages are served. That portion of an
establishment reserved for the exclusive use of the public for the receipt or consumption
of food and/or beverages. For the purpose of this Zoning Code, public area shall not
include restrooms, kitchens, hallways or other areas restricted to employees only.
Public hearing. A public proceeding conducted for the purpose of acquiring information
or evidence which may be considered in evaluating a proposed action, and which
affords to any affected person or persons the opportunity to present their views,
opinions, and information on such proposed applications. "Mandatory hearings" are
those required to be held by law, and "discretionary hearings" are those which may be
held within the sole discretion of the hearing body.
Public right-of-way. A strip of land acquired by reservation, dedication, prescription or
condemnation and intended to be occupied by a road, trail, water line, sanitary sewer
and/or other public uses.
Recyclable materials. Reusable materials, including, but not limited to, metals, glass,
Ordinance No. 2025-07 Page 14 of 75
plastic and paper which are intended for reuse, remanufacture or reconstruction.
Recyclable materials do not include refuse, hazardous materials or hazardous waste.
Recycling. The process by which waste products are reduced to raw materials and
transformed into new products.
Recycling and collection facility. A building or enclosed space used for the collection
and processing of recyclable materials for preparation for shipment, or to an end user's
specifications, by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning or remanufacturing.
Rererral facility. A residential care facility or a group home where one or more person's
residency in the facility is pursuant to a court order or directive from an agency in the
criminal justice system.
Residential care facility. A residential facility licensed by the state where care, services,
or treatment is provided to persons living in a supportive community residential setting.
Residential care facilities include, but may not be limited to, the following: intermediate
care facilities for the developmentally disabled (Health & Safety Code §§ 1267.8,
1267.9); community care facilities (Health & Safety Code § 1500 et seq.); residential
care facilities for the elderly (Health & Safety Code § 1569 et seq.); residential care
facilities for the chronically ill (22 C.C.R. § 87801 (a)(5); Health & Safety Code §
I 568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02 -
Il 834.30); pediatric day health and respite care facilities (Health & Safety Code § 1760
et seq.); residential health care facilities, including congregate living health facilities
(Health & Safety Code §§ 1265-1271.1, 1250(i), 1250(e), (h)); family care home, foster
home, group home for the mentally disordered or otherwise handicapped persons or
dependent and neglected children (Wel. & Inst. Code §§ 5115-5120).
Residential, multi-family. Apartments, common interest developments, townhouses and
similar multiple-family residential developments, including detached single-family homes
where there is more than one primary dwelling unit on a lot.
Residential, single-family. Detached single-family home where there is no more than
one primary dwelling unit on a lot.
Room, bedroom. A fully-enclosed room designed or intended to be used for sleeping
purposes within a residence that typically includes a closet and is separated from the
other living spaces with a door.
Room, home office. A room designed and intended to be used for a household office or
small business related activity within a residence. Within a single-family detached
residence, this room is strictly not intended for sleeping purposes, and lacks direct
access to a bathroom. The home office may also be referred to as a studio, den, study
or library.
Senior congregate care facility. A structure(s) providing residence for 13 or more senior
citizens with kitchen, dining, recreational, etc. facilities with separate bedrooms and/or
living quarters.
Setback. The required distance that a building, structure, parking or other designated
Ordinance No. 2025-07 Page 15 of 75
item must be located from a property line or lot line. A setback is measured from the
ultimate property line.
Single housekeeping unit. The occupants of a dwelling unit have established ties and
familiarity with each other, including jointly use of and responsibility for common areas,
and may include interaction with each other, shared meals, household activities, and
expenses and responsibilities.; membership in the single housekeeping unit is fairly
stable as opposed to transient, members have some control over who becomes a
member of the household, and the residential activities of the household are conducted
on a nonprofit basis. There is a rebuttable presumption that integral facilities do not
constitute single housekeeping units. Additional indicia that a household is not operating
as a single housekeeping unit include, but are not limited to: the occupants do not share
a lease agreement or ownership of the property; members of the household have
separate, private entrances from other members; members of the household have locks
on their bedroom doors; members of the household have separate food storage
facilities, such as separate refrigerators.
Single room occupancy residential hotel. A residential hotel, allowed in certain
commercial zones, that contains units designed for long-term occupancy by a single
person, although double occupancy may be permitted.
Slope. The degree of deviation of a surface from the horizontal plane, usually expressed
in percent or degrees.
Small lot subdivision. A residential development containing a maximum of 15 detached
or townhome style units with no common walls where each unit is independently
constructed on an individual parcel and the land is subdivided into fee simple parcels
containing each unit. Each individual lot is provided with either a direct access to public
streeUalley or an easement access through a recorded subdivision map.
Smoking lounge. Any facility or location whose business operation, whether as a
primary use or an ancillary use, is characterized by the sale, offering, and/or preparation
of smoking of tobacco, cigars, hookah, electronic cigarettes, or similar products,
including but not limited to establishments known variously as hookah parlors, vaping
lounges, or cigar bars.
Smoking/vaping retailer. A smoke shop, electronic cigarette retailer, vapor cigarette
retailer, or any other retail business that sells tobacco, electronic cigarettes, and related
products primarily for off-site consumption. Smoking/vaping retailers shall not include
food or beverage service, outdoor seating, or an indoor seating area greater than 100
square feet in area.
Sober living home. A group home for persons who are recovering from a drug and/or
alcohol addiction and who are considered handicapped under state or federal law.
Sober living homes shall not include the following: (1) residential care facilities; (2) any
sober living home that operates as a single housekeeping unit.
Specialty store. A retail store less than 3,000 square feet in area with hours of operation
between 6:00 a.m. and 11 :OO p.m. A specialty store offers a combination of foods and
beverages for off-site use or consumption and provides for alcoholic beverage sales
Ordinance No. 2025-07 Page 16 of 75
that are incidental to the primary use. No more than 1 0% of the total merchandise area
of the retail floor may be devoted to display or sale of alcoholic beverages and only non-
refrigerated alcoholic beverages may be offered. A specialty store must comply with the
operational standards of section 13-200.72.
Specific plan. A plan consisting of text, maps, and other documents and exhibits
regulating development within a defined area of the city, consistent with the general
plan and the provisions of State Government Code section 65450 et seq.
State. State of California.
Story. For purposes related to zoning regulations, a story is that portion of a building
included between the surface of any floor and the surface of the floor next above it. If
there is no floor above it, then the space between such floor and the ceiling next above
it shall constitute a story. An attic shall not be considered a story. A basement or cellar
shall not be considered a story, if the finished floor level directly above the basement or
cellar is less than four feet above finish grade at all locations. Any uncovered deck or
activity area above the first story shall be considered a story.
Street. A public or private thoroughfare that provides primary access to adjacent land
and local traffic movements. Streets do not include driveways which only provide
access to parking areas.
Structure. Anything, including a building, located on the ground in a permanent location
or attached to something having a permanent location on the ground.
Supportive housing. Housing with no limit on length of stay, that is occupied by the
target population, and that is linked to on site or off site services that assist the
supportive housing resident in retaining the housing, improving his or her health status,
and maximizing his or her ability to live and, when possible, work in the community.
Supportive housing that is provided in single-family dwelling, multi-family dwelling units,
residential care facilities, or boarding house uses, shall be permitted, conditionally
permitted or prohibited in the same manner as the other single-family dwelling, multi-
family dwelling units, residential care facilities, or boarding house uses under this Code.
Tandem parking. An arrangement of parking spaces one behind the other in a row of
maximum two cars including one in the garage space. Tandem garage parking is
defined as the placement of standard parking spaces one behind the other within the
enclosed area of a garage.
Townhouse. A single-family attached dwelling unit located on an individual dwelling unit
lot, and is part of a row of units that contains three or more dwelling units.
Transitional housing. A development with buildings configured as rental housing
developments, but operated under program requirements that call for the termination of
assistance and recirculation of the assisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no less than six months.
Transitional housing that is provided in single-family dwelling, multi-family dwelling units,
residential care facilities, or boarding house uses, shall be permitted, conditionally
permitted or prohibited in the same manner as the other single-family dwelling, multi-
Ordinance No. 2025-07 Page 17 of 75
family dwelling units, residential care facilities, or boarding house uses under this Code.
Trip (vehicle). A one-way vehicular journey either to or from a site, or totally within the
site i.e. internal trip. Each trip has two trip ends, one at the beginning and the other at
the destination.
Trip rate (vehicular). The anticipated number of vehicle trips to be generated by a
specific land use type or land use classification. The trip rate is expressed as a given
number of vehicle trips for a given unit of development intensity (i.e., trip per unit, trip
per I,000 square feet, etc.).
Uncontrolled environment. A location where there is the exposure (to radiofrequency
radiation) of individuals who have no knowledge or control of their exposure. The
exposures may occur in living quarters or work places where there are no expectations
that the exposure levels may exceed the exposure and induced current levels permitted
for the general public.
Underroof. All of the area within the walls of the building that a roof covers. Areas under
porches, roof overhangs, garage protrusions, breezeways and other similar architectural
design features are not considered as underroof.
Unit. A particular building or structure, or portion thereof, that is designed, intended or
used for exclusive occupancy, possession or contro) of individual owners or occupiers,
whether or not they have interests in common areas of the project.
Use. The purpose (type and extent) for which land or a building is arranged, designed,
or intended, or for which either land or a structure is occupied or maintained.
Warehouse, mini. A structure or group of structures for the dead storage of customer's
goods and wares where individual stalls or lockers are rented out to different tenants for
storage and where at least one of the stalls or lockers has less than 500 square feet of
floor area.
Warehouse, public. A structure or group of structures for the dead storage of customer's
goods and wares where individual stalls or lockers are rented out to different tenants for
storage and where all the stalls or lockers have more than 500 square feet of floor area.
Vacancy rate (common lot development conversion). The ratio of vacant apartments
being offered for rent or lease in the City of Costa Mesa, shown as a percentage of the
total number of apartments in the city.
Vape lounge. See Smoking lounge.
Vape shop. See Smoking/vaping retailer.
Variance. A discretionary entitlement, usually granted by the planning commission,
which permits departure from the strict application of the development standards
contained in this Zoning Code, based on specified findings.
Yard. Any open space on a lot unoccupied and unobstructed from the ground upward,
except an inside court.
Ordinance No. 2025-07 Page 18 of 75
Yard, front. The yard between the front line of a building and the front line of the lot
upon which the building is located.
Yard, rear. The yard extending from the extreme rear line of the main building to the
rear lot line on which the building is situated.
Yard, side. The yard extending from the front yard, or from the front lot line where no
front yard is required, to the rear yard or rear lot line, between the side lot line and the
nearest wall of the main building or any accessory structure attached thereto.
Zero lot line. The location of a structure on a lot in such a manner that one or more of
the structure's sides rest directly on a lot line.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord. No. 00-5, § 1 (a), 3-20-00;
Ord. No. 01-16, § la., 6-18-01; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5-
06; Ord. No. 09-3, §§ la., b., 5-19-09; Ord. No. 09-4, § 1a., 5-5-09; Ord. No. 10-13, § 1,
10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, §
2A., 3-19-13; Ord. No. 13-05, § '1, 12-3-13; Ord. No. 14-04, § 2A., 4-1-14; Ord. No. 14-
13, § 1, 10-21-14; Ord. No. 15-10, § 2A, 9-15-15; Ord. No. 15-11, § 1, 11-17-15; Ord.
No. 16-01, § 1, 1-19-16; Ord. No. 18-03, § 2, 1-16-18; Ord. No. 21-03, § 3, 3-2-21; Ord.
No. 21-20, § 1, 12-7-21)
Section 13-28 Types
(a) Administrative adjustment. Any deviation from an adopted development standard in
this Zoning Code that meets the criteria listed in Table 1 3-28(a).
Ordinance No. 2025-07 Page 19 of 75
TABLE 13-28(a)
ADMINISTRATIVE ADJUSTMENTS
Standard Deviation Range
Decrease in required distance between accessory More than 20% but no more than
andmainstructures 40%
(b) Conditional use permit. Any use specified in this Zoning Code as requiring a
conditional use permit.
(1 ) Common interest development conversion. For residential projects, a proposal to
convert an occupied or previously occupied apartment complex to a residential
common interest development project. To request a conversion for a newly
constructed project, the apartment complex shall have received final building
approval for occupancy. For non-residential projects, a proposal to convert an
occupied or previously occupied non-residential complex to a non-residential
common interest development. Non-residential includes industrial, commercial,
office, and/or mixed-use project.
(c) Density bonus or incentive. Any request for incentives to produce lower income and
senior housing per State Government Code section 65915.
(d) Design review. Any construction that results in three or more dwelling units on a
development lot in any residential zone, except planned development, shall be
subject to design review.
(e) Development review. The following shall be subject to development review:
(1) Two-story residential construction. In the R2-MD, R2-HD, and R3 zones, any
two-story construction on a lot where there are two or fewer dwelling units or any
second-story addition on a lot with more than two dwelling units that complies
with any residential design guidelines adopted by city council.
(2) Construction of new buildings or additions to existing buildings in the AP, CL, C1,
C2, CI-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; and,
(3) Any other use specified in this Zoning Code as requiring development review.
(f) Lot line adjustment. Any adjustment to an existing lot line between two lots, where
the land taken from one lot is added to an abutting lot and/or where a greater
number of lots than originally existed is not created. A lot line adjustment may be
used to combine no more than four abutting lots.
(g) Master plan. Prior to development in the planned development (PD), town center
(TC), shopping center (CI-S), mixed-use overlay (MU), and all types of institutional
and recreational (I&R, I&R-S, and I&R-MLT) zoning districts, a master plan is
Ordinance No. 2025-07 Page 20 of 75
required. Preliminary master plans are required in the TC and I&R-MLT zone, are
optional in PD and MU zones, and are not required in C1-S, I&R-S, and I&R zones.
(1) Minor changes. Minor changes in the location, siting or character of buildings and
structures may be authorized by the planning division if required by the final
engineering or other circumstances not foreseen at the time the master plan was
approved. No change authorized under this section may cause any of the
following:
a. A change in the use or character of the development;
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;
g. A reduction in required street pavement widths;
h. An increase of more than six inches in building height; or
i. A decrease in building setback greater than can be approved by a minor
modification by the development services director.
(2) Major amendments. Substantial amendments to the master plan encompassing
one or more of the minor changes listed in subparagraphs (1 )a. through (1 )i., Or
any proposed change determined by the development services director as a
major amendment, shall be subject to review and approval by the zoning
administrator. Furthermore, if the major amendment results in an overall building
square footage that exceeds the maximum density or building square footage
allowed by the approved master plan, the zoning administrator must find that the
major amendment is consistent with the density, floor area ratio, and trip budget
standards established by the general plan, as applicable.
(3)Minor amendments.
a. Minor amendments to existing master plans in planned development zones
are subject to section 13-56, master plan required.
b. Minor amendments to existing master plans in the TC, C1-S, MU, I&R, I&R-S,
and I&R-MLT zones may be approved by development review if the planning
division finds that the proposed construction does not materially affect
required open space, floor area ratio, and parking requirements specified in
the approved master plan. Furthermore, if the minor amendment results in an
overall building square footage that exceeds the maximum building square
footage allowed by the approved master plan, the planning division must find
that the minor amendment is consistent with the floor area ratio and trip
budget standards established by the general plan, as applicable.
Ordinance No. 2025-07 Page 21 of 75
(4) Mixed-use development plan screening application. Applicants for residential or
mixed-use development projects in a mixed-use overlay district shall submit a
screening application for consideration by city council at a public meeting. No
other concurrent application for development may be submitted for processing
until city council comments have been received. The purpose of the screening
application is to receive city council comments on the merits and appropriateness
of the proposed development. No other action on the screening application will
be taken by city council. The submittal requirements for the screening review are
specified on the city's planning application form, and the city council's review
comments on the proposed project for processing shall not set precedent for
approval of the master plan.
(h) Minor conditional use permit. Any use or deviation from development standards
specified in this Zoning Code as requiring a minor conditional use permit.
(i) Minor design review. The following shall be subject to minor design review:
(1) Two-story residential construction that does not comply with any residential
design guidelines adopted by the city council in the following zones:
a. R1 zone. Any two-story construction or second-floor addition; and
b. R2-MD, R2-HD, and R3 zones. Any two-story construction on a lot that
results in two or fewer dwelling units or any second-story addition on a lot with
more than two dwelling units.
(2) Reserved for future use.
(3) Any deviation from development standards specified in this Zoning Code as
requiring a minor design review.
(j) Minor modification. Any deviation from an adopted development standard in this
Zoning Code that meets the criteria listed in Table I 3-28(j)(1 ).
Decrease in required side yard width 20% or less
Increase in maximum fence/wall height, except within
setbacks adjacent to the public right-of-way
Decrease in five-foot setback on street side for fences/walls
in excess of 36 inches on corner lots in multi-family
33 1/3 % or less
1 00% or less
Ordinance No. 2025-07 Page 22 of 75
Increase in depth of permitted projections into required
or more
dwelling units
20% or less
to not less than 10
feet
1 0% or lessDeviation in sign area, height, setbacks, separation and
other sign specifications
Decrease in required distance between main structures 20% or less
Decrease in required distance between accessory and 20% or less
main structures
Decrease in minimum width and length of garage 5% or less
dimensions
(2) Minor building additions that encroach into required setbacks no further than the
existing main structure, excluding architectural features. However, no
nonconforming setback width or depth may be decreased further, and the
building addition shall comply with all other applicable sections of this Zoning
Code and other codes.
(3) Fabric awnings that project no more than five feet from the building face.
(4) Minimum length of no less than 18 feet for driveways as measured from the
ultimate property line.
(5) Any deviation from development standards specified in this Zoning Code as
requiring a minor modification.
(k) 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.
(I) Planned signing program. A voluntary, optional alternative to the general sign
regulations, except in the CI-S zone where it is required.
(m)Reasonable accommodation. As defined in section 13-200.62
(n) (Reserved)
(o) Rezone. Any proposed change to the official zoning map.
(p) Special use permit. Refer to Chapter XV of the Zoning Code.
Ordinance No. 2025-07 Page 23 of 75
(q) 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.
(r) 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.
(s) 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.
(t) Landmarks and historic districts located within the city. A person may request
placement of a significant historic structure on the local Register of Historic Places
subject to the criteria and procedures established in Chapter IX, Article 14, Historic
Preservation.
(u) Certificate of appropriateness. A certificate issued by the planning commission (or
other commission/committee designated by the city council), approving plans,
specifications, or statements of work for any proposed alteration, restoration, or
rehabilitation, construction, relocation, or demolition, in whole or in part, of a
"designated cultural resource" listed on the city's local Register of Historic Places.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-17, § 3, 11-1 5-99; Ord. No. 01-10, §§ 1 a., 1 b.,
3-5-01; Ord. No. 01-16, § Ib., 6-18-01; Ord. No. 02-4, § Im, 3-18-02; Ord. No. 03-4, §
1(a), 6-2-03; Ord. No. 03-8, §§ 1, 2, 9-2-03; Ord. No. 05-3, § Ib., 2-7-05; Ord. No. 05-2,
§ la.-c., 2-22-05; Ord. No. 06-9, § Ib., 4-18-06; Ord. No. 07-17, § 1a., b., 10-2-07;
Ord. No. 11-10, § 1, 9-20-11; Ord. No. 16-09, § 3, 10-4-16; Ord. No. 21-20, § 1, 12-7-
21)
Ordinance No. 2025-07 Page 24 of 75
Section 13-30 Purpose.
The purpose of this chapter is to provide a comprehensive list of uses which are permitted, conditionally permitted, or prohibited in the various zoning districts, as represented by Table 13-30, Land Use Matrix. In
evaluating a proposed use, the following criteria shall also be considered:
(a) Uses determined as permitted may be subject to a discretionary review when construction is proposed, pursuant to Chapter Ill, Planning Applications.
(b) Uses proposed in the planned development zones are subject to verification of consistency with the master plan adopted for planned development zones. A proposed use not expressly allowed by the adopted
master plan may require additional discretionary review pursuant to Table 13-30, Land Use Matrix.
(c) All listed uses in the matrix are subject to verification of compliance with density and floor area ratio limits, parking requirements and performance standards which may, in certain cases, prevent the establishment of
the use.
(d) Any proposed use not listed in the Land Use Matrix shall be reviewed by the development services director to determine its similarity to another listed use. If no substantial similarity exists, the proposed use shall
require approval of a conditional use permit prior to establishment of the use.
(e) For the purpose of Table I 3-30, Land Use Matrix, the various zoning districts are labeled as foltows:
Residential zones: R1, R2-MD, R2-HD, and R3
Commercial zones: AP, CL, CI, C2, CI-S, and TC
Industrial zones: MG and MP
Planned Development Residential zones: PDR-LD, PDR-MD, PDR-HD, and PDR-
NCM
Planned Development Commercial zone: PDC
Planned Development Industrial zone: PDI
The Parking zone: P
Institutional and Recreational zones: I & R, I & R-S, and I & R-MLT
(f) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable.
(g) For the mixed-use overlay district located in an urban plan area, please refer to the appropriate urban plan text for additional regulations related to development standards and allowable land uses as applicable.
Ordinance No. 2025-07 Page 25 of 75
.1 Sober living homes, seven or more
10. Referral facility (Subject to the requirements of
a 13-32.2, referral facil' .
11. Single room occupancy residential hotel (subject to
' Council Pol' 500-5
CCESSORY USES
12. Reserved for future use.
13. Animals, k an of
14. Antennas: Amateur radio, Satellite dish,
nication
15. Reserved for future use
15.1 Incidental residential use that includes a toilet in
' a with a bathtub or shower. This applies to an
use contained in a detached structure, or
within the main structure with no interior
nection between the main and incidental use. Land
restriction uired.
16. Day care facilities (15 children or more) (see also
u schools
17. Family day care-Large (7 to 14 children) (subject to
requirements of section 13-37, large family day care
P
c
P
c
P
c
P
c c c c c
SEE TITLE 3, ANIMALS AND FOWL
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
c c c c
P
c
P
c
P
c
P
c
P
c
P
c
P
c
P
P P
8. Family day care-Small (up to 8 children)
19. Garage/yard sales-No more than 2 events
ear, not to exceed 3 consecutive s
. Reserved for future use.
1. Home occupations (subject to the requirements of
IX, article 6, home occu '
Home occupations that generate traffic and do not
nvolve more than 4 customer/ client at a time or more
8 customers/clients per day (subject to the
irements of ch. IX, article 6, home occu '
I Non-residential accessory uses in a residential
not otherwise s a in this table
.2 Accessory dwelling unit (subject to the requirements
ch. V, section 13-35, dwelli units
.3 Junior accessory dwelling unit (subject to the
of ch. V, section 13-35, accessory dwelling
nits
4 Temporary real estate and construction offices
subject to the requirements of ch. IX, art. 10, temporary
NSTITUTIONAL AND RECREATIONAL USES
3. Cemeteries
4. Churches and other places of religious assembly
Subject to the requirements of article 4.5, development
s for churches and other places of religious
5. Civic and commun' clubs
. Convalescent a ; nu
7.Cou clubs; olfcourses
8. Crematories See also
. F ' rounds; outdoor festival
homes
services
ent
c
c
c
c
c
c
c
c
c
P2,3
MC2,3
P2,3
MC2,3
P2,3
MC2,3
P2,3
MC2,3
P2,3
MC2,3
P2,3
MC2,3
P2,3
MC2,3
P
c
P2
c
P
P
c
c
Ordinance No. 2025-07 Page 26 of 75
.H
1. Libraries,
la. Mari'uana and/or medical mari'uana cultivation
I b. Cannabis and/or marijuana distributer
Ic. Cannabis and/or marijuana manufacturer or
Id. Cannabis and/or marijuana retail sales storefront
le. Cannabis and/or marijuana retail sales
deliveries
If. Cannabis and/or marijuana research and
gnd/or testi laboratories
32. Mortuary services without crematories
32a. Needle ex ram
. Nursery schools-See also Day care facilities for 15 C C
more children
.Parksond rounds C
. Public offices and facilities, such as city halls, court- C
, ice/ fire stations, etc.
. Schools: ' and col
7. Schools: trade and vocational; rou counseli
. Senior care facil'
meets
Emergency shelters
g,
PECIAL SEASONAL EVENTS
. Reserved.
1. Christmas tree lots; pumpkin patches; fireworks
; produce stands (subject to the requirements of
II, ulation of certain businesses
ERCIAL AND INDUSTRIAL USES
2. Acupressure; massage (subject to the requirements
title 9, chapter ii, article 22, Massage establishments
ers
. Adult businesses See Sexual -oriented businesses
. Aggregate batch plants; Rock or asphalt crushing;
blasti
. Ambulance services
. Amusement centers (subject to the requirements of
IX, article 5, electronic machines
47. Animal hospitals; veterinary services (kenneling only
incidental to a a a use
. Animal shelters, nds, kennels, traini schools
a ue mails
. Artists, scul
. Auction houses
1. Automobile See Motor vehicle
2. Banks savings and loans; and other financial
nstitutions
. Bars; nightclubs (See Establishments where food or
are serv
. Barber and beauty shops with accessory uses such
make u , facials, and
. Billiards
. Botanical ; Zoos
studios
c
MC
c
c
P
c
c
P
c
c
P
c
c
P
c
CCC
c
P
c
c
P
c
c
P
c
P
MC MC MC
C2c2 c2
c
P
P
c
P
P
c
P
P
c
P
P
P
P
c
P
c
P
c
c
MC
P
c
c
c
MC
P
c
P P P
P
P
P
c
MC
P
c
P P
P P P P P
CCCCC
CCCC
Ordinance No. 2025-07 Page 27 of 75
P P P P P
c c
Ordinance No. 2025-07 Page 28 of 75
Manufacture of rubber includi tires, steel
1. Manufacturing of chemical products, paints,
' , and '
. Manufacturing or stone, clay, glass and concrete
ucts EXCEPT the following which are prohibited:
Manufacture of flat glass
Manufacture of cement and structural clay products
Manufacture of concrete, gypsum and plaster products
Manufacture of abrasive and asbestos products
Manufacture of nonclay refractories and crucibles
Processing and preparation of clay, ceramic and
minerals
. Manufac-turing or processing of foods and beverages
CEPT 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 roasti
. Massage - See also Acupressure (subject to the
irements of title 9, chapter II, article 22, massage
ishments and "
. Medical laboratories
. Metal fabrication, welding, foundry, die casting
' to subsection 13- a , standards
7. Motels - (Subject to requirements of chapter IX,
' 8, motels Excluda Hotels listed
. Motion ' re and television studios
. Motion picture theaters and other theaters not within
00 feet of residential zones
1 00. Motion picture theaters and other theaters within
feet of residential zones
01. Motor oil, used-Collection facility (subject to the
irements of chapter IX, article 9, off-site hazardous
facilities
102. Motor vehicle, boat, and motorcycle retail sales,
'ng, rentals and service with two or more outdoor
s
103. Motor vehicle, boat, and motorcycle retail sales,
'ng, and rentals with one or less outdoor display
space and no service (subject to verification of
availabi
104. Motor vehicle service stations
105. Motor vehicle service stations with concurrent sale
alcoholic beverages (subject to requirements of
IX, article 3, concurrent sale of alcoholic
and motor vehicle
106. Motor vehicle; boat; and motorcycle repair services
including body and paint work), not within 200 feet of
' a zone a to subsection 13-
107. Motor vehicle; boat; and motorcycle repair services
including body and paint work), within 200 feet of
" zone su a to subsection 13-
108. Nurseries retail with no bulk fertilizer CCPP C
Ordinance No. 2025-07 Page 29 of 75
09. Offices: central administrative
10. Offices: engineering; architectural; and surveying
consulti and blic relations
'I 11. Offices: a individual counseli
112. Reserved
113. Offices: medical and dental
114. Offices: services to businesses such as
a and data '
115. Off-street parking lots and structures including
maintenance buildin
116. Off-street parking lots and structures, incidental
within
17. Oil fields; oil wells see XIV, oil drilli
18. Pawn sho
19. Photoco ' ; bl " and related services
20. Photofinishi laboratories
21. Photofinishi stores
22. Ph . Commercial
23. Ph . ' studio
24. sical fitness facilities
25. Printi and blisha
26. Recorda studios
27. Recycling and collection facilities for nonhazardous
28 Research and development laboratories - Other
cannabis and/or mari'uana testi laboratories
29 . Restaurants-See Establishments where food or
es are served
130. Retail: general - Excluding antique malls, pawn
, supermarkets, grocery stores, convenience
; and la stores listed
4 31. Retail, incidental sales to the main use (subject to
requirements of section I 3-54(a), incidental retail
132. Retail: nonstore
133. Rifle, ' I, and firi
134. Sexually-oriented businesses (subject to the
irements of title 9, chapter IV and title 13, chapter IX,
-oriented businesses
135. a rinks
1 35a. Smoking lounge (subject to chapter IX, article 19,
and a uses
1 35b. Smoking/ vaping retailer (subject to chapter IX,
' 19,s ' and i uses
136. Storage of chemicals and allied products (except as
ncidental use
137. of a es
138. of fertilizer
139. Storage of motor vehicles - Outdoor (not including
39a. Storage of motor vehicles - Indoor only (not
ncludi i nd
140. of leum and coal ucts
141. of rock, sand, crushed and
P P P P P P MC MC MC MC MC P P
c
MC
c
MC
c
MC
c
MC
c
MC
P
MC
c
MC
c
MC
c c
MC MC
c
MC MC MC
c c c P c c P P P
P P P P P P P P P P
P P P P P P P P P P
P
P2
P
P2
c
c2
p2
c
p2
P
P2
c
c2
P P P P
c
Ordinance No. 2025-07 Page 30 of 75
P P P
MC
ravel
142. Studios: dance; martial arts; music, etc.
143. Su ets- See also stores
143a. S ' stores
1 44. Tattoo
145. Tire sales and installation not within 200 feet of
zone
146. Tire sales and installation within 200 feet of
zone
nd ard
treatment
147. Tow ies with or without '
148. Transfer station for refuse,
149. Trucki : local and distance
I 50. Warehouses, mini (subject to the requirements of
IX, article 7, mini-warehouses
151. Warehouses, blic
I 52. Warehousing of durable and nondurable goods
livestock and also
I 53. Wholesale trade of motor vehicles, boats and
cles with outdoor of vehicles
154. Wholesale trade of motor vehicles, boats and
cles without outdoor of vehicles
I 55. Wholesale trade of durable, nondurable goods,
livestock, u and ' able
MC
MC
P
P
P
c
P
MC
P
P
P
c
P
MC
c
c
c2
P
P
P
c
P
MC
MC
P
P
MC
MC
c
P
MC"
MC
MC
c
P
MCz
CCCCCC
MC
MC
P
P
P
P
P P
P P
P
P
P
P
MC MC
MC MC
MC MC
P P
P P
P
MC
MC
c
P
MC
c
MC
MC
c
c
MC"
c
P P
P P
e boardi
abited in the
houses shall be located at least 1,000 feet
zone.
from other boardi house.
Use Permit.
ses 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
le with the master . Residential uses shall not be itted on site or of land on which residential uses are hibited the eral
is use is su ' to the uirements of the referenced Munici Code article or section.
residential uses exist, uses shall be itted.
or the of this table, the in the non-shaded areas shall have the fol a mean' : C-Conditional Use Permit; MC-Minor Conditional Use Permit; P-Permitted; o-Prohibited; and S-S
a hundred foot a uired between sober livi homes, or from state licensed alcohol or abuse or treatment facilities. CMMC 13-311 a 10 i .
a to the ' uirement set forth in sections 13-322 a 3 and 13-32 .
b oardi houses shall locate at least 650 feet from other small board' house.
ses ibited in the base zona district of a mixed-use zone shall also be
ibited at the SoCo , 3303 th h 3323 Ave.
10 shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a permitted use, not subject to a master plan requirement and the standards in section 13-200.79(1), (2), (4), (8), (10) and (13) do
to such uses.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 2, 2-2-98; Ord. No. 98-5, § 8, 3-2-98; Ord. No. 00-5, § I(b), 3-20-00; Ord. No. 01-1, § 1, 1-15-01; Ord. No. 01-30, § la(Att. A), 1-7-02; Ord. No. 02-4, § lb(Att. A), 3-18-02;
Ord. No. 02-12, § Ic, 6-17-02; Ord. No. 05-2, § 1f.(Att. A), 2-22-05; Ord. No. 05-11, § 2b., 7-19-05; Ord. No. 06-2, § la., 2-7-06; Ord. No. 06-9, § Id., 4-18-06; Ord. No. 06-18, § lb., 9-5-06; Ord. No. 07-2, § 1d., 2-6-07:
Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2B., 3-19-13; Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 14-13, 10-21-14; Ord. No. 15-06, §§ 1-3, 7-7-15; Ord. No. 15-10, § 2B, 9-15-15; Ord. No. 15-11, §§ 3-5, 11-17-15;
Ord. No. 16-01, § 4, 1-19-16; Ord. No. 16-09, §§ 4, 5(Exh. A), 10-4-16; Ord. No. 16-13, § 2, I 1-15-16; Ord. No. 16-15, § 5, 1 1-8-16; Ord. No. 18-03, § 3, 1-16-18; Ord. No. 18-04, § 3, 4-3-18; Ord. No. 19-13, § 3, 9-3-
19; Ord. No. 19-15, § 1, 9-17-19; Ord. No. 21-03, § 4, 3-2-21; Ord. No. 21-08, § 1, 6-15-21; Ord. No. 21-20, § 1, 12-7-21)
Ordinance No. 2025-07 Page 31 of 75
Section 13-32 Development standards.
Table 13-32 identifies development standards in the residential zones, with the exception of development standards for common
interest developments (see Article 2, common interest developments. See also Article 9, general site improvement standards of this
chapter for additional requirements for all the residential zones.
Driveway width
Driveway length
Storage
Note: All newly subdivided lots shall have frontage on a
dedicated street equal to, or in excess of, the required minimum
lot width. An exception to this requirement is when the existing
R-I lot (that is proposed to be subdivided) has an average depth
uals to or exceeds 200 feet
stories/27 feet for residential land uses. The maximum number of stories and building height for nonresidential land uses shall
determined in conjunction with the conditional use permit review process.
ote: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a
. See also Attic discussion below.
shall not be heated or cooled, nor contain any electrical outlets, or operable windows. Attics above second stories shall be
integral part of the second story roofline and not appear as a third story on any building elevation. Windows in any attic space
second ' limited dormer .
dwelling unit per 6,000 sq dwelling unit per 3,630 square 1 dwelling unit per 3,000 square 1 dwelling unit per 2,178 square
feet (Note: Only 1 dwelling unit 1 unit per 3,000 square feetfeet feet
is permitted per lot.) legal lots existing as of
16, 1992, that are less
nterior lot: 100 feet Corner lot: 100 feet
ote: All newly subdivided lots shall have frontage on a
icated street equal to, or in excess of, the required minimum
width; with the exception of common interest developments
structures
or all individual driveways: Ten-foot minimum width Same as RI, except 16-foot minimum driveway is required if the
For lots less than 50 feet wide: 7B(001 maxi mu m W;,11H 1 dr!vewaY SerVeS [enants and/or gueSt park!ng far more tt1an One
For lots greater than 50 feet wide: Driveway width shall be a dWel"ng un"
maximum of 50 percent of the lot width, or a maximum 36-foot
a , whichever is less.l
of 19 feet from the ultimate
unit shall be provided with 200 cubic feet of securable
storage exterior to the unit. If this storage is provided within the
Page 32 of 75
line.shall have a minimum
Ordinance No. 2025-07
toht-in d
Not applicable.
ical equipment, Roof-top location is prohibited on single-family dwelling units.
ing antennas and flush- All other locations: Screening required from public rights-of-way and adjacent properties. Antennas are subject to Chapter IX,
nted solar on roofs Article 2, antennas.
ETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTLIRES (Minimum distances given, unless otherwise noted. All setbacks
streets are measured from the ultimate line shown on the master plan of highways).
20feet feet 20 feet
nterior property line: 5 feet. Note: Accessory structures that do not exceed 6% feet in height in the R1 zone or 15 feet in height in
other residential zones may have a zero side setback.
line abutting a public street: 10 feet. Note: Driveways providing straight-in access from a public street to a garage shall
at least 19 feet long, as measured from the property line.
line abutti an al . 5 feet
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) at any point less
than 4 feet above the finished surface level of the ' stall.
ear (not abutting a publicly
icated alley)
15 feet for 2 story structures.
10 feet for I story structures (15 foot maximum height) provided 10 feet for 1 story structures (15-foot maximum height). Note:
that maximum rear yard coverage is not exceeded. Accessory structures that do not exceed 15 feet in height may
Note: Accessory structures that do not exceed 6% feet in height have a zero rear yard setback, except on corner lots (see R2-
in the RI zone or 15 feet in height in the R2 zones may have a MD and R2-HD column for setbacks for corner lots).
zero rear yard setback, except on corner lots in the R2 zones.
Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side
property line of another lot, no detached accessory structure
shall be allowed on the corner lot, except within the rear quarter
of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or
private street, accessory structures shall maintain setbacks for
main structures.
Rear yard coverage Rear (not abutting a publicly dedicated alley, street, or park):
(maximum) Main Buildings: 25% of rear yard area."
Accessory Buildings: 50% of rear yard area."
" Rear yard area equals lot width, measured from side property
to side property line, multiplied by 20 feet.
ear abutting a publicly dedicated alley, street, or park:
icable
Rear abutting a publicly 5 feet; however, garages may be required to setback further to ensure adequate back up distance. Rear Yard Coverage does not
dedicated alley, street, or park apply.
Note: Accessory structures that do not exceed 6% 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 corner lots in the R2 and R3 zones where accessory structures shall maintain
setbacks for main structures.
Bluff to setback o buildi or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP DEVELOPMENT).
Ordinance No. 2025-07 Page 33 of 75
0 feet for 2 story structures.
Not applicable
Not
round pools and spas shall not be located in the required front yard setback from a public street and are subject to 5-foot side and
for main structures. Additional setbacks be icable rsuant to buildi code uirements.
SED DECKS
raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with the main building setback requirements
zone.
NCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform [to] the city's walls, fences, and landscaping
ARTICLE 9, GENERAL SITE IMPROVEMENT STANDARDS, of this r for further information.
' The maximum d width standards are on icable to the construction of new single-family residences.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, §§ lf., g., 6-18-01; Ord. No. 02-4, § 1c, 3-18-02; Ord. No. 02-9, § 1a, 7-1-02; Ord. No. 03-
8, § 4, 9-2-03; Ord. No. 05-3, § Ic., 2-7-05; Ord. No. 09-4, § Ib., 5-5-09; Ord. No. 21-20, § 1, 12-7-21)
Ordinance No. 2025-07 Page 34 of 75
Section 13-35 Accessory dwelling units.
(a) Purpose, general plan consistency, definitions.
(1 ) Purpose and interpretation. The intent of this section is to ensure that accessory
dwelling units (ADUs) and Junior ADUs remain as an accessory uses in
residential and mixed-use zones, that the structures on parcels are organized to
accommodate an ADU and/or Junior ADU, and that such dwelling units do not
adversely impact surrounding residents or the community. This section 13-35 is
intended to retain the ability of the city to regulate ADUs in terms of design,
aesthetics, massing and integration with existing structures and to comply with
the requirements of state law.
(2) General plan consistency. In adopting these standards, the city recognizes that
the approval of dwelling units may, in some instances, result in dwelling densities
exceeding the maximum densities prescribed by the general plan. The city finds
that this occurrence is consistent with the general plan, as allowed under state
planning and zoning law applicable to ADUs, and that the amendment furthers
the goals, objectives, and policies of the general plan housing element.
(3) Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit," "passageway" and
"tandem parking" all have the same meaning as that stated in Government
Code section 66313 as that section may be amended from time to time.
b. "Junior ADU" shall have the same meaning as that stated in Government
Code section 66313(d) as that section may be amended from time to time.
c. A structure is considered "existing" if a building permit was issued and
finalized before an ADU or JADU application is submitted under this section.
d. The terms "single-family dwelling" and "multifamily dwelling" exclude all
detached accessory structures.
e. The term "single-family dwelling" is a dwelling (excluding any ADU or Junior
ADU) that is not attached to another dwelling. Single-family dwellings may
include detached single-family homes where there is more than one primary
dwelling on a lot.
f. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU)
within a multifamily dwelling structure.
g. A "multifamily dwelling structure" is a structure which contains at least two
lawful dwellings within the structure, excluding ADUs and Junior ADUs.
Storage rooms, boiler rooms, passageways, attics, basements, garages and
other non-habitable spaces are considered within a "multifamily dwelling
structure" if such non-habitable spaces are within the same structure as at
least two other multifamily dwellings.
(b) Accessory dwelling units.
(1) Residential and mixed use zones only. ADUs are permitted in single-family,
multifamily, mixed-use zones (i.e., zones where single-family and/or multifamily
dwellings are allowed), and within approved master plan sites with residential
Ordinance No. 2025-07 Page 35 of 75
uses in other zones, and only on a legal lot with proposed or existing residential
dwelling(s) which will remain on site. By way of illustration only, the zones where
accessory dwellings are allowed are shown on the Citywide Land Use Matrix at
section 13-30. If there is any conflict between the requirement that ADUs be
approved in (and only in) zones where single-family and multifamily dwellings are
allowed and the Land Use Matrix, the former shall control.
(2) Reserved.
(3) Ministerial. Any application for an ADU that meets the requirements of this
section shall be approved ministerially by the city by applying the standards
herein and without a public hearing or notice of decision or zoning approval in
compliance with government code section 66317.
(4) Maximum number of dwelling units. The following is the maximum number of
ADUs and or Junior ADUs allowed on any lot.
a. Single-family. One detached, new construction ADU, one conversion ADU,
and one junior ADU may be permitted on a lot with a proposed or existing
single-family dwelling subject to the following:
1. Conversion within a single-family dwelling.
(i) An ADU and Junior ADU may be within the existing footprint of a lawful
single-family dwelling. Alternatively, an ADU may be within a lawfully
constructed existing detached accessory structure; in this case up to
'l 50 square feet may be added beyond the physical dimensions of the
existing accessory structure solely to accommodate ingress and
egress to the ADU; and
(ii) ADUs and Junior ADUs must have independent exterior access from
the single-family dwelling, and have side and rear setbacks sufficient
for fire safety; and
2. New construction (attached or detached). One new construction ADU may
be permitted on a lot with proposed or existing single-family dwelling. One
new construction Junior ADU may be allowed on the lot if the Junior ADU
is to be in a single-family dwelling that meets all applicable legal
standards.
b. Multifamily. One ADU is allowed within new construction residences where,
affer construction, there will be at least two residences on the lot (e.g.
detached residential structures, duplexes, apartments); up to two ADUs are
allowed with such structures pursuant to subsection 2, below. For lots with an
existing legal multifamily dwelling (e.g., a legal non-conforming multifamily
dwelling), the applicant may have ADU(s) pursuant to the following:
1. Maximum ADUs within existing multifamily dwelling structure. No more
than 25%, with any partial unit rounded down) of the number of existing
multifamily dwelling units on the lot, but at least one unit, shall be
permitted as ADU(s) constructed within the enclosed nonlivable space
(e.g., a space in a dwelling not intended for human habitation, including
Ordinance No. 2025-07 Page 36 of 75
living, sleeping, eating, cooking, or sanitation)) of the existing multifamily
dwelling structures; or
2. Maximum detached ADUs. No more than eight detached ADUs are
permitted, provided that the number of accessory dwelling units allowable
pursuant to this clause shall not exceed the number of existing units on
the lot. The units shall be detached from every residence on site (but need
not be detached from each other) with the exception of one ADU, which
may be attached to the multifamily dwelling structure. This section shall
apply to detached structures that are converted and new construction
detached ADUs. Conversion detached ADUs are not subject to height,
setbacks, and maximum square footage; or
(5) Maximum size.
a. Single-family.
1. Detached. For lots with a proposed or existing single-family dwelling, a
detached ADU shall not have more than 1,200 square feet.
2. Attached. An ADU attached to a single-family dwelling shall be no more
than the greater of 50% of the square footage of the existing single-family
dwelling or I,000 square feet.
b. Multifamily, new construction.
1. Detached. For lots with an existing legal multifamily dwelling structure the
maximum square footage for a detached ADU is 850 square feet or I,000
square feet for an ADU that provides more than one bedroom, except as
allowed in Government Code Section 66323.; or
2. Attached. For lots with an existing legal multifamily dwelling structure, an
attached ADU shall not exceed the greater of I,000 square feet or 50% of
the average floor area of the existing multiple family dwelling units.
c. Interior conversions. Notwithstanding subsections a and b immediately above,
ADUs which are converted from space entirely within existing structures, and
ADUs entirely within proposed lawful single-family dwellings, are not subject
to a limit on maximum square footage.
(6) Minimum size.
a. ADUs may be efficiency units. Notwithstanding the general limitation on
efficiency units being no smaller than 220 square feet, ADUs may also be
less than 220 square feet, provided that they are no smaller than 150 square
feet, and comply with all other legal requirements.
(7) Conversions of dwelling units.
a. Total conversion of single-family dwelling. An entire existing single-family
dwelling may be converted to an ADU if the ADU complies with all applicable
requirements of this section and a new single-family residence with a total
gross floor area exceeding that of the ADU is constructed in full compliance
with code requirements.
b. Partial conversion/addition. A portion of the existing single-family or
multifamily dwelling may be converted to an ADU with new additional square
Ordinance No. 2025-07 Page 37 of 75
footage, which additional square footage shall comply with all standards
applicable to the underlying zone, and all converted square footage shall
comply with standards applicable to conversions. The maximum square
footage of the ADU shall be based upon the size of the existing dwelling
before construction of the ADU addition.
(8) Short-term rentals prohibited. An ADU shall not be rented for periods of less than
31 days.
(c) JuniorADUs.
(1) Rule. Junior ADus shall comply with the requirements of this subsection,in
addition to the requirements of subsection (d) of this section 13-35.
(2) Maximumsize.AJuniorADUshallnotexceed500squarefeetingrossfloor
area.
(3) Owner occupancy requirement. The owner of a parcel proposed for a Junior ADU
shall occupy as a primary residence either the primary dwelling unit or the Junior
ADU. Owner-occupancy is not required if the owner is a governmental agency,
land trust, or "housing organization" as that term is defined in Government Code
section 65589.5(k)(2), as that section may be amended from time to time.
(4) Short-term rentals prohibited. A Junior ADU shall not be rented for periods of less
than 31 days unless otherwise authorized by the municipal code.
(5) LocationofJuniorADU.AJuniorADUshallbeentirelywithinanexistingor
proposed single-family dwelling, including an attached garage.
(6) Kitchen requirements. A Junior ADU shall include an efficiency kitchen, including
a cooking facility with appliances, outlet for a small refrigerator, food preparation
counter and storage cabinets that are of reasonable size in relation to the size of
the Junior ADU.
(7) Parking. No additional parking is required beyond that already required for the
primary dwelling.
(8) Fire protection; utility service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water, sewer,
or power, a Junior ADU shall not be considered a separate or new unit, unless
the Junior ADU was constructed in conjunction with a new single-family dwelling.
No separate connection between the Junior ADU and the utility shall be required
for units created within a single-family dwelling, unless the Junior ADU is being
constructed in connection with a new single-family dwelling.
(9) Exterior and interior access. The Junior ADU shall include an exterior entrance
separate from the main entrance to the single-family dwelling. If the Junior ADU
shares bathroom facilities with the main dwelling, the Junior ADU shall also have
interior entry to the main dwelling's living area.
(d) Development standards and requirements. The following development standards
shall not apply to a unit built subject to Government Code section 66323 (a), which
includes: 1.) all converted ADUs (converted accessory structures are eligible for a
150 square foot expansion for purposes of ingress and egress), 2.) all converted
Junior ADUs (JADUs), 3.) maximum 800-square-foot, new-construction, detached
Ordinance No. 2025-07 Page 38 of 75
ADUs with four-foot side and rear setbacks and height not exceeding 18 feet (two
additional feet of height may be permitted to accommodate a roof pitch on the ADU
that is aligned with the roof pitch of the primary unit), with single-family primary
dwellings, and 4.) detached units with multifamily primary dwelling structures with
four-foot side and rear setbacks and height not exceeding 18 feet (two additional
feet of height may be permitted to accommodate a roof pitch on the ADU that is
aligned with the roof pitch of the primary units). Otherwise, all other ADUs must
comply with the following requirements unless the below standards and
requirements preclude the development of an 800 square foot ADU with four-foot
side and rear setbacks:
(1 ) Ministerial project. Any application for an ADU or Junior ADU that meets the
requirements of this section or as permissible in Government Code Section
66332 shall be approved without a public hearing.
(2) Application by owner. An application for a building permit for an ADU or Junior
ADU building permit shall be made by the owner of the parcel on which the
primary unit sits and shall be filed with the city on a city-approved application
form and subject to the established fee set by city council resolution as it may be
amended from time to time.
(3) Separate sale prohibited. Except as otherwise provided by law, ADUs and Junior
ADUs may not be sold or otherwise conveyed separate from the primary
residence.
(4) Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their
equivalent), including water, electric, and sewer services.
b. Except as provided in subsection c immediately below, the city may require
the installation of a new or separate utility connection between the ADU and
the utility. For Junior ADUs, see subsection (c)(8), above.
c. No separate connection between the ADU and the utility shall be required for
units created within a single-family dwelling, unless the ADU is being
constructed in connection with a new single-family dwelling.
d. Each ADU and Junior ADU shall have a separate mailing address as
assigned by the City.
(5) Recorded covenants. Prior to final inspection and occupancy of JADUs, the
owner shall file with the county recorder, in a form approved by the city attorney,
a covenant which does all of the following:
a. Prohibit the sale of Junior ADU separate from the single-family residence; and
b. Unless subsequently prohibited by an amendment to state law, the JADU
shall be considered legal only as long as either the primary residence or the
JADU is occupied by the owner of record unless the owner is another
governmental agency, land trust, or housing organization; and
c. Restrict the JADU to the maximum size allowed by Municipal Code section
13-35, as it may be amended from time to time; and
Ordinance No. 2025-07 Page 39 of 75
d. Confirm that the restrictions shall be binding upon any successor in
ownership of the property, and lack of compliance shall result in legal action
against the property owner for noncompliance.
(6) Passageway. No passageway shall be required in conjunction with the
construction of an ADU.
(7) Building permits required. Applications for ADUs and Junior ADUs shall conform
to the requirements for, and shall obtain, a building permit consistent with the
requirements of Title 5 (Buildings and Structures). By way of reference only,
current requirements generally require all dwellings to have no less than 220
square feet. Fire sprinklers shall not be required for ADUs or JADUs if they are
not required for the primary residence. The construction of an ADU or JADU
alone shall not trigger the requirement for sprinklers in the primary residence.
(8) Setbacks.
a. None. No setbacks are required for either: (1 ) those portions of ADUs that are
created by converting existing living area or existing accessory structures to a
new ADU; or (2) constructing new ADUs in the same location, while not
exceeding the existing dimensions of an existing structure, including height.
Notwithstanding the foregoing, ADUs shall, at minimum, comply with setbacks
that are sufficient for fire and life safety.
b. Other setbacks. For all other ADUs, there shall be a minimum of setbacks of
four feet from side and rear property lines and full compliance with all
applicable front yard setbacks for the underlying zone (except as required by
(Gov. Code, § 66321, subd. (b)(3)). Second floor ADUs shall provide
setbacks in conformance with the underlying zone. All mechanical equipment
associated with the ADU shall maintain the minimum setbacks.
c. Distance between structures. The minimum required distance between a
detached ADU and the primary dwelling unit, and all other structures on the
property, including garages, shall be six feet unless otherwise established by
the California Building Code.
(9) Height. Except as authorized in subsection b, below, in no event may any portion
of a new construction ADU exceed 27 feet or two stories. Furthermore, except as
authorized in subsection a and b, below, an ADU shall be entirely only on the first
floor.
a. Second floor or two-stories. An ADU on a lot which has an existing lawfully
constructed dwelling, may be in whole or in part on a second floor, or be a
two-story ADU, if all five of the following occur:
1. All portions of the ADU structure on a second floor are at least 25 feet
from the front property line; and
2. EachstairwellfortheADUisinteriororcomplieswithsubsection(10),
below; and
3. The second floor of any portion of the ADU, if built above a detached
garage, does not exceed the footprint of the garage; and
Ordinance No. 2025-07 Page 40 of 75
4. No windows are installed on the second floor on side elevations if such
windows are within 25 feet of a neighboring dwelling and face the
neighboring property unless such windows have a minimum sill height of
at least five feet; and
5. The second floor (or the entire two story ADU as applicable) meets the
setbacks applicable to additions for the underlying zone.
b. Within structure. The ADU is built entirely within either:
1. A proposed or existing lawfully constructed single-family dwelling, except
that an external stairwell to the ADU which meets all requirements of this
Code, including the requirements of subsection (10), below, may be
constructed to allow access to the ADU; or
2. The non-habitable space of an existing multifamily structure or within an
accessory structure on a lot with a multifamily structure.
(10) Exterior stairways, balconies.
a. Exterior stairways. A new exterior stairway to a second-floor ADU shall not be
located on a front facade within 20 feet of a property line abutting a public
right of way. Second floor landings using an exterior stairway shall be kept to
the minimum size required to comply with applicable codes. Stairways and
landings shall incorporate screening materials designed to eliminate views
into abutting properties. Stairways and landings, which exceed building code
minimum sizes, are prohibited. Stairways and landings shall not be counted
toward residential open space requirements.
b. Balconies. New balconies which face the street and are located at the front of
the main residential structure are permitted provided that the balcony be set
back a minimum of 20 feet from the front property line. On corner properties,
balconies may face the side street provided that they maintain the setback for
the underlying zone. Balconies within 25 feet of a neighboring residence shall
incorporate screening to ensure there are no direct views into the abutting
property. New construction balconies that are not facing the front of the
property or a side street, are prohibited.
c. Roof decks. No new roof decks are allowed for ADUs.
(11) Architectural standards.
a. Attached and detached ADUs. Attached and detached ADUs shall have the
same materials, finishes, and colors as the primary dwelling.
b. New construction Junior ADUs. New construction Junior ADUs shall match
exterior appearance with the primary unit in terms of materials, finishes, and
colors within the same property on which it is proposed to be constructed.
(12) Recommended garage conversion design considerations.
a. Blank facade. When a garage is converted to an ADU, if the facade of the
converted garage is visible from a public right-of-way, the following design
considerations are recommended:
1. Be covered with landscaping that covers at least 50% of the wall, or
Ordinance No. 2025-07 Page 41 of 75
2. Include openings of at least 1 0% of the facade with at least one door that
complies with section (13) below or one window which matches the
material and design of the existing windows on the residence.
(13) Driveway removal. If a driveway leading to a garage being converted to an ADU
is removed, it must be replaced with landscaping or open space, and the curb cut
and driveway apron must be removed and replaced with a curb and gutter and
parkway which meets city standards. If a driveway is partially removed, the
remaining driveway must provide the minimum parking dimensions per
subsection (15) below.
(14) Entry. The entrance to an ADU or Junior ADU shall match the materials and color
of the primary residence(s), not be located on the same building elevation as the
main entrance of the primary residence(s) and shall be located along the building
side, rear, or within the interior of the property, unless the economic and
development services director approves an alternative configuration due to
unique development circumstances.
(15) Parking.
a. The owner may provide parking that is at least eight and a half (8.5) feet wide
and 18 feet long and may be provided as:
1. Tandem parking on an existing driveway in a manner that does not
encroach onto a public sidewalk; or
2. Within a setback area or in locations determined feasible by the city.
Locations will be determined infeasible based upon specific site or
regional topographical or fire and life safety conditions, or that such
parking is not permitted anywhere else in the city.
b. When any parking space or parking structure is converted or demolished in
conjunction with the construction of an ADU or converted to an ADU, the off-
street parking spaces do not have to be replaced, notwithstanding any other
provision of this code to the contrary (e.g., the definition of "driveway" in
section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful
"driveway" if it leads to a structure that was either converted from a garage
into either an ADU or Junior ADU or demolished in conjunction with the
construction of an ADU or Junior ADU. In no event shall the demolition of a
parking space or parking structure be considered "in conjunction with" the
construction of an ADU if the ADU will not be constructed within any portion of
the footprint of the demolished garage.
(16) Non-conforming. The city shall not require, as a condition of a permit for an ADU
or Junior ADU the correction of nonconforming development standards.
(17) Open space and landscaping. ADUs which exceed 800 square feet in gross floor
area shall meet the open space requirements of section 13-32 and shall be
subject to provide landscaping as required in section 13-106.
Section 13-36 Two-unit Housing Development
(a) For purposes of this section, the following definition shall apply:
Ordinance No. 2025-07 Page 42 of 75
(1 ) "Housing development" shall mean no more than two primary residential units
within a single-family zone that meets the requirements of this section. The totat
number of units, including ADUs and JADUs, shall not exceed four.
(b) The city shall ministerially approve a housing development containing no more
than two residential units if it meets the following requirements:
(1 ) The parcel is located within a single-family residential zone.
(2) The parcel is located at least partially in an urbanized area or urban cluster as
designated by the United States Census Bureau.
(3) The parcel is not located in any of the following areas and does not fall
within any of the following categories:
a. A historic district or property included on the State Historic Resources
Inventory, as defined in section 5020.1 of the Public Resources Code, or
within a site that is designated or listed as a city landmark or historic property
or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in
Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual,
Part 660 FW 2(June 21, 1993).
d. A hazardous waste site that is listed pursuant to section 65962.5 or a
hazardous waste site designated by the Department of Toxic Substances
Control pursuant to section 25356 of the Health and Safety Code, unless the
State Department of Public Health, State Water Resources Control Board,
or Department of Toxic Substances Control has cleared the site for residential
use or residential mixed uses.
e. AdelineatedearthquakefaultzoneasdeterminedbytheStateGeologistinany
official maps published by the State Geologist, unless the development
complies with applicable seismic protection building code standards adopted
by the California Building Standards Commission under the California Building
Standards Law and by the city's building department.
f. A special flood hazard area subject to inundation by the 1 percent annual
chance flood (l00-year flood) as determined by the Federal Emergency
Management Agency (FEMA) in any official maps published by FEMA. If an
applicant is able to satisfy all applicable federal qualifying criteria in order to
provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, the city shall not deny the application
on the basis that the applicant did not comply with any additional permit
requirement, standard, or action adopted by the city that is applicable to that
site. A development may be located on a site described in this subparagraph
if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA
Ordinance No. 2025-07 Page 43 of 75
and issued to the city; or
The site meets FEMA requirements necessary to meet minimum flood
plain management criteria of the Nation Flood Insurance Program as
further spelled out in Government Code section 6591 3.4(a)(6)(G)(ii);
g. A regulatory floodway as determined by FEMA in any of its official maps,
published by FEMA unless the development has received a no-rise
certification in accordance with section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations. If an applicant is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this subparagraph
and is otherwise eligible for streamlined approval under this section, the city
shall not deny the application on the basis that the applicant did not comply
with any additional permit requirement, standard, or action adopted by the city
that is applicable to that site.
h. Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan as further spelled out in Government Code section
6591 3.4(a)(6)(1).
Habitat for protected species identified as candidate, sensitive, or species of
special status by state or federal agencies, fully protected species, or species
protected by the federal Endangered Species Act of 1973 (16 u.s.c. Sec.
1531 et seq.), the California Endangered Species Act (Chapter 1.5
(commencing with section 2050) of Division 3 of the Fish and Game Code), or
the Native Plant Protection Act (Chapter 10 (commencing with section 1900)
of Division 2 of the Fish and Game Code).
j. Lands under a conservation easement.
(4) The proposed housing development would not require demolition or alteration of
any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income;
b. Housing that is subject to any form of rent or price control by the city;
c. A parcel or parcels on which an owner of residential real property exercised
rights under Government Code section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date of the
application; or
d. Housing that has been occupied by a tenant in the last three years.
(5) Demolition of an existing unit shall not exceed more than 25 percent of the existing
exterior structural walls unless the site has not been occupied by a tenant in the
last three years.
Ordinance No. 2025-07 Page 44 of 75
(c) Standards and Requirements. Except where superseded by the following provisions,
two-unit housing development pursuant to Government Code Section 65852.21 shall
comply with development standards applicable to the RI Single- Family Residential
District including but not limited to Section 13-32 of this code:
(1 ) No setback shall be required for an existing structure or a structure constructed in
the same location and to the same dimensions as an existing structure.
(2) Except for those circumstances described in section C1 above, the setback for
side and rear lot lines shall be four feet. The front setback shall be as set forth in
the R-I Single-Family Residential District standards.
(3) The applicant shall provide easements for the provision of public services and
facilities as required.
(4) All lots shall have a minimum street frontage of ten feet to provide for vehicular
access, or 16-foot if the driveway serves two units. For a lot without physical street
frontage, access to street frontage shall be provided by the granting of a duly
recorded permanent easement for ingress and egress purposes in favor of the lot
without physical street frontage.
(5) In order to preserve the City's inventory of on-street parking, existing and proposed
development pursuant to Government Code section 65852.21 shall be limited to
one driveway ingress/egress per resultant lot.
(6) Required off-street parking shall consist of at least one garage space per unit and
the location and configuration of such parking shall be in compliance with the
provisions of this code, except that no parking requirements shall be imposed in
either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high-
quality transit corridor as defined by Public Resources Code section 211 55(b)
or a major transit stop as defined in Public Resources Code section 21 064.3;
or
b. There is a car share vehicle located within one block of the parcel.
(7) For residential units connected to an onsite wastewater treatment system (septic
tank), the applicant provides a percolation test completed within the last 5 years,
or if the percolation test has been recertified, within the last 'l 0 years, which shows
that the system meets acceptable infiltration rates.
(d) The city shall not require or deny an application based on any of the following:
(1) The city shall not impose any objective zoning, subdivision, or design review
standards that would have the effect of physically precluding the construction of
two units on either of the resulting parcels or that would result in a unit size of less
than 800 square feet. If the city determines that the strict application of objective
zoning, subdivisions or design standards would physically preclude the
development of two units on a lot each with a minimum unit size of 800 square
feet, the city may ministerially allow deviations from development standards
Ordinance No. 2025-07 Page 45 of 75
generally applicable to the R-1 zoning district pursuant to city policies and/or
regulations implementing this section if such deviation is in compliance with
applicable building and fire code standards and regulations and if there are no
other feasible means of complying with state law.
(2) The city shall not deny an application solely because it proposes adjacent or
connected structure provided that that all building code safety standards are met
and they are sufficient to allow a separate conveyance.
(e) An applicant shall be required to sign an affidavit in a form approved by the City
Attorney to be recorded against the property stating the following:
(1 ) That the uses shall be limited to residential uses.
(2) That the rental of any unit created pursuant to this section shall be for a minimum
of thirty-one days.
(3) That the maximum number of units to be allowed on the parcels is two, including
but not limited to units otherwise allowed pursuant to density bonus provisions,
accessory dwelling units, junior accessory dwelling units, or units allowed pursuant
to section 13-35.
(f) The city may deny the housing development if the building official makes a written
finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and
determined in Government Code section 65589.5(d)(2), upon the public health and
safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(g) The provisions ofthis section supersede any contrary provisions contained elsewhere
in this code.
Ordinance No. 2025-07 Page 46 of 75
Section 13-4'l Residential common interest development standards and requirements.
(a) Applicability. The provisions of this section shall apply to all proposed new residential common interest development projects and
the conversion of existing apartments to residential common interest developments.
(b) Development standards. Table 13-41 (b) identifies the development standards for residential common interest developments. See
also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all
applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:
(1 ) 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, 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.
(2) 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 six
dwelling units. Alternative designs which accomplish the same purpose may be approved by the final review authority.
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 four feet for every two dwelling units within such structure. Alternate designs which
accomplish the same purpose may be approved by the final review authority.
c. Consideration shall be given to the effect of proposed development on the light, air and privacy of adjacent properties.
(3) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited
unless specifically designated 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 six-foot high opaque fences and
permanently maintained landscaping.
(4) For high-rise residential projects, see the North Costa Mesa Specific Plan for additional development standards.
(5) 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 service department.
(6) The development shall comply with the provisions of Chapter XI. Subdivisions, which may include, but are not limited to land
dedication and improvements, such as drainage improvements and payment of fees.
Ordinance No. 2025-07 Page 47 of 75
STANDARDS
'Individual Dwelling Unit Minimum Lot Area
TABLE 13-41(b)
RESIDENTIAL COMMON INTEREST DEVELOPMENT 8TANDARDS
SINGLE-FAMILY UNITS (located on individual
dwelling unit lots and exclu40ng townhouses) OTHER UNITS
All zones: 3,000 square feet with an overall average No minimum requirement.
of 3,500 square feet. The required common lot shall
not be included in the calculation of lot area. Note:
Common Lot Required
Maximum Number of Stories & Building Height
Attics
Maximum Density (based on gross acreage)
Minimum Open Space Development Lot
Individual Dwelling Unit Lot
Private Open Space
Lot sizes may be reduced proportionately if other
useable open space is provided within the overall
development.
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.
2 stories/27 feet, except as allowed in the Planned Development or Town Center zoning districts. Note:
Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be
regarded as a story. See also Attic discussion below.
Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning
districts where the maximum number of stories is two stories, attics above second stories shall be an
integral part of the second story roofline and not appear as a 3rd story on any building elevation. Windows
in any attic space above the second story shall be incidental and limited to a dormer style.
Same as underlying zoning district or as specified in an applicable specific plan.
40% of total lot area. Exception: For high-rise residential projects, see the North Costa Mesa Specific Plan.
40% overall, with a minimum 400 square-foot area Not applicable.
with no dimension less than 15 feet.
Same as individual dwelling unit lot above.An adjoining patio required with no dimension less
than 10 feet. Exception: Not applicable to high-rise
residential projects in the North Costa Mesa Specific
Plan.
Common Open Space
Distance Between Buildings
Driveway Width
Driveway Length
Storage
Common open space areas shall be designed and located within the development to allow maximum use
by all residents. Enclosed buildings used for recreation or leisure facilities should not be used to satisfy
more than 15 percent of required open space.
10-foot minimum between main buildings 6-foot minimum between main buildings and accessory
structures
I O-foot minimum, except I 6-foot minimum driveway is required if the driveway serves tenants and/or guest
parking for more than one dwelling unit.
Straight-in driveways to garages shall have a minimum length of 1 9-feet from the ultimate property line.
Not applicable. 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 at the front of the parking area so as not to
obstruct the required clear dimensions of the covered
parking space (per the City of Costa Mesa Parking
Design Standards) at any point less than 4 feet above
the finished surface level of the parking stall.
Exception: Not applicable to high-rise residential
Ordinance No. 2025-07 Page 48 of 75
Rear (not abutting a publicly dedicated alley)
Development Lot
Rear Yard Coverage (maximum) in the R2-MD and R2-
HD zones
0 feet for 2 story structures in R2-MD and R2-HD zones; 15 feet for 2 story structures in the R-3 zone. 10
feet for 1 story structures (1 5-foot maximum height) provided that maximum rear yard coverage is not
exceeded. Exception: Rear yard coverage does not apply to the R-3 zone.
Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except
on corner lots.
Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached
accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot
farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall
'ntain setbacks for main structures.
'n Buildings: 25% of rear yard area.'
Ordinance No. 2025-07 Page 49 of 75
TABLE 13-41(b)
RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS
SINGLE-FAMILY UNITS (located on individual
STANDARDS dwelling unit lots and excluding townhouses) O THER UNITS
Automatic -ro!l-up garage door with remote- controlled Yes Yes, if garages are provided.
door opener required
Location of Covered Parking Required covered tenant parking shall be located within a reasonable distance of the unit it serves.
Detached garages that are not located within a reasonable distance to the units they are intended to serve
are prohibited.
LANDSCAPING
A detailed landscape plan prepared pursuant to
CHAPTER Vll LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits.
Landscape parkways with a combined width of 10 feet, but not less than 3 feet on one side, shall be provided along the sides of interior private streets and/or
common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of 5 feet in width.
SIGNS (See CHAPTER Vlll)
POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5-foot side and I O-foot rear yard
setbacks for main structures. Additional setbacks may be applicable pursuant to building code requirements.
RAISED DECKS
Any raised deck with a finished floor height of 18 inches or greater, as measured From finished grade, shall comply with the main building setback requirements for
the underlying zone.
FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's walls, fences, and landscaping
standards.
See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information.
(c) Documents required.
(1) Aprojectmaybeapprovedsubjecttosubmissionofallorganizationaldocumentssettingforthaplanormannerofpermanentcare
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, which 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 unit(s).
b. Membership shall be mandatory for each owner and any successive owner.
c. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept
Ordinance No. 2025-07 Page 50 of 75
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:
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.
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 by law.
(Ord. No. 07-17, § le., 10-2-07)
Ordinance No. 2025-07 Page 51 of 75
Section 13-42.3 Development standards and requirements.
(a) Applicability. The provisions of this section shall apply to all new residential small lot subdivisions of 151ots or less in multi-family
zones and not in combination with other development standards in the overlays zones.
(b) Development standards. Table 13-42 identifies the development standards for small lot subdivision developments. See also Article 9
general site improvement standards of this chapter for additional requirements. Projects shall comply with all applicable standard
plans and specifications and adopted city and state codes, as well as the following provisions:
(1 ) 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, 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.
Pre-existing development should guide the building setbacks and new development should preserve the existing character or the
neighborhood.
(2) The site design must consider both the design elements of each unit and how these designs will enhance the overall
neighborhood character and vitality of the street and sidewalk. Building setbacks and site planning must relate to surrounding
built form, respecting the overall neighborhood character and existing topography. Additionally, each unit must exhibit a high
level of design quality with well-articulated entries and fagades, proportionate windows, quality building materials and contextual
landscaping.
(3) All structures proposed to be constructed within a project shall conform to the following requirements:
a. Each unit shall be provided with direct pedestrian and vehicular access to a public street, or an alley or a common drive
connecting to a public streeUalley.
b. Structure shall be constructed to minimize impact of the proposed development on the light, air and privacy of adjacent
properties.
(4) On-site lighting shall be provided 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.
(5) The development shall comply with the
dedication and improvements, such as
provisions of Chapter Xl, subdivisions, which may include, but are not limited to, land
drainage improvements and payment of fees.
(6) Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited
unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and
Ordinance No. 2025-07 Page 52 of 75
provided for in the covenants, conditions, and restrictions. Where such
from view on a horizontal plane from adjacent areas by a combination
maintained landscaping.
areas are provided, they shall be enclosed and screened
of six-foot high opaque fences and permanently
Parking
Driveway Length
Mechanical Equipment (excluding
antennas and flush-mounted solar panels
on roofs
% of total lot area. No asphalt shall be permitted for paved areas. Parking and driveways shall consist of decorative
, pavers or other materials as deemed appropriate by the Development Services Director. This requirement
may be decreased to a minimum of up to 30%, iT the difference in the area is provided as additional open guest
, located in a common area, and not exclusive for ' unit.
uare feet with no dimension less than 10 feet.
Separately owned private property interests or any portion thereof, necessary or desirable for common use, are
ubject to recordation of an easement for reciprocal access and maintenance. All areas of a development with 5 or
parcels, subject to a reciprocal access and/or maintenance easement shall be maintained by an association that
be ' or uni . The association be referred to as a maintenance association.
Three-bedroom or more units (including a den or home office) - 2 garage spaces and 2 open parking spaces.
Two-bedroom or less units (including a den) - 2 garage spaces and one open parking.
No tandem parking is permitted for open or guest parking spaces.
or developments with 5 or more units (up to 10 units) where open/guest parking spaces are provided in driveways in
of garages for exclusive use of that unit, one additional on-site guest parking shall be provided. Two additional
guest-parking shall be provided for developments with more than 10 units.
For all small lot developments subject to the provisions of this article, all open parking not located within an individual
' shall be unass' ned and nonexclusive.
feet minimum
O-foot minimum, except 1 6-foot minimum driveway is required if the driveway serves tenants and/or guest parking for
than one dwelling unit. Driveway width shall be a maximum of 26 feet for lots less than 50 feet wide and a
mum of 50% for lots reater than 50 feet wide.
a ht-in driveways to garages shall have a minimum length of 19 feet from the ultimate public or private right-of-way.
driveways shall be more than 5 feet in length if parking is not provided in front of garage.
s accessing rear parcels shall be in compliance with the requirements of the Parking Design Standards,
' between d ' and 'mum 50% uirement.
oof-top location is prohibited unless completely screened from public rights-of-way and adjacent properties.
Table 13-42
SMALL LOT SUBDMSION STANDARDS
STANDARDS
Maximum Number of Stories & Building
Height
Attics
Maximum Density (based on gross
acreage)
Minimum Open Space (development lot)
SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses)
2 stories/27 feet, except as allowed in the Westside Overlay Districts.
Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded
as a story. See also Attic discussion below.
Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where
the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story
roofline and not appear as a 3rd story on any building elevation.
Windows in any attic space above the second story shall be incidental and limited to a dormer style.
Same as underlying zoning district or as specified in an applicable specific plan.
Ordinance No. 2025-07 Page 53 of 75
ront Lot
a ard interior
ear ard interior
Side (street side, if applicable)
Rear Abutting a Publicly Dedicated Alley
Lots and Alley Fronting Lots
feet
5 feet.
15 feet
10 feet
Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as
measured from the ultimate blic or " ht-of .
feet; however, garages may be required to be set back further to ensure adequate back up distance. Rear Yard
does
Flag lots are required to be accessed with a minimum 16-foot wide driveway. Parcels with alley frontage should include
a minimum 8-foot wide pedestrian access to the public street in the front. Parcels with frontage only on public alleys
are ibited.
buildi or structu closer than 10 feet from uff crest see section 34
feet 6 inches into required side setback or building separation area.
feet into ired front or rear setback.
Trash Storage I units shall be provided with a small alcove inside or outside the unit to allow storage of at least three trash carts
without encroaching into the garage space.
All efforts shall be made to provide on-site trash service. Trash carts shall be stored on-site for trash pick up to the
reatest extent
Above-Ground Pools and-Spas ibited in front yards and subject to 5-foot side and rear setback from the main structures.
Decks Any raised deck with a finished floor height of 18 inches or greater, as measured from finished grade, shall comply with
main buildi setback uirements for the und i zone.
DSCAPING
A detailed landscape plan prepared pursuant to Chapter Vll Landscaping Standards shall be approved by the Planning Division prior to issuance of any building
permits.
s
F
F
standards.
s zement Standards of this chapter for further information.
GNS See C Vlll .
NCES AND WALLS
ences and walls placed between the property line and required setback line for main buildings shall conform to the city's walls, fences, and landscaping
Gen Site
REEXISTING DEVELOPMENT
lot subdivisions and structures constructed, permitted or approved under the small lot ordinance prior to October 18, 2018 shall be considered conforming
to the above ' a
(c) Documents required.
Ordinance No. 2025-07 Page 54 of 75
(1) Project approval is subject to submission of comp!ete organizational documents setting forth a plan or manner of permanent care
and maintenance of any open spaces, recreational areas and commonly used areas/facilities. 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) Prior to entering into a sales agreement for any property within a small lot subdivision, the developer shall disclose general
information regarding the property to the future homebuyers, including, but not limited to, the following:
a. The type, thickness, and R-value of the insulation that has been installed in the home.
b. Any exposed hazards during and afier construction (lead-based paint, asbestos, etc.).
c. Uses other than residential in proximity to the project.
d. Unusual adjacent zoning.
e. Distance to airport if within two miles.
f. Where soils, filled ground and geologic information is available.
g. Any special costs that will be incurred by the lot buyer as a result of the installation of a building foundation or any other
construction due to unusual soil/geological conditions.
h. If there is fill in excess of two feet.
i. Schools servicing subdivision and any special conditions.
3. Any unusual flooding conditions.
k. Conditions of approval by the city and any resale restrictions.
I. Dedications and easements.
m. Project phasing plan.
n. CC&Rs.
(3) All small lot subdivisions shall file a declaration of covenants to be submitted with the application for approval. The declaration of
covenants shall include, but not be limited to, the following provisions.
Ordinance No. 2025-07 Page 55 of 75
a. The homeowners' association or a maintenance association (as applicable) shall be established prior to the sale of any
unit(s).
b. Membership in the homeowners or maintenance association shall be mandatory for each owner and any successive owner.
c. Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept
available for resident 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:
"The covenants, conditions and restrictions of this declaration shall
apply to the maintenance of the "common areas" as herein defined.
run to the City of Costa Mesa insofar as they shall
"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 by law."
(Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 15-03, § 2, 4-21-15; Ord. No. 18-10, § 2, 9-18-18; Ord. No. 21-20, § 1, 12-7-21)
Ordinance No. 2025-07 Page 56 of 75
Section 13-74 Elevation and screening requirements.
(a) The finished elevations of all buildings, structures, walls and fences shall be
approved by the planning division.
(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.
(c) Temporary receptacles, as approved by the public services department for the
purposes of public participation in the collection of recyclable products, shall not be
considered a trash bin, container or receptacle subject to the requirements of this
section. For the purposes of this section, temporary shall mean a period, or periods,
of time not exceeding 90 days during any twelve-month period.
(d) Pipes and conduits including, but not limited to, plumbing pipes, vents, ducting, fire
sprinkler systems and electrical conduits shall not be mounted on exterior walls and
roofs.
(1 ) For existing pipes and conduits, painting to match the surrounding fagade shall
satisfy this requirement.
(2) If the wall, roof or other element(s) on which the pipe or conduit is located is
structurally modified or demolished, the element(s) shall be relocated to conform
with this standard.
(e) In residential zones, or in any zone adjacent to a residential development, ground
mounted mechanical or electrical equipment proposed within eight feet of a
neighboring property's windows or doors must comply with one of the mitigation
methods listed below (1-3):
(1 ) A minimum six foot-high block wall separates the equipment from the abutting
property's window(s) and/or door(s) with a minimum separation of four feet
between equipment and neighboring window(s) and/or door(s).
(2) The equipment does not generate more than 50 decibels (based on
manufacturer specifications), is not greater than the minimum distance required
by the building code and is setback at least five feet from between the equipment
and neighboring window(s) and/or door(s).
(3) The equipment maintains the same setbacks and separations required for main
structures.
Section I 3-75 Fences and walls.
(a) In residential zones, including planned development, except R-1 :
(1) All interior property lines of the master development lot shall have six-foot high
solid opaque walls or fences that conform to the city's walls, fences and
landscaping standards.
(2) All exterior property lines of the master development lot shall have solid masonry
Ordinance No. 2025-07 Page 57 of 75
walls that conform to the city's walls, fences and landscaping standards in
respect to height and location as well as the following standards. The final review
authority shall approve the wall location, height, masonry materials, and finish.
(i) Only one type of wall design with the appropriate mix of masonry materials
and finishes shall be permitted for the development lot.
(ii) Wall materials such as uncolored cinder block shall be treated with a
decorative finish that complements and enhances the project and surrounding
neighborhood.
(iii) Exceptions to the requirements stated in subsections (2)(i) through (2)(ii) may
be approved by the final review authority. These exceptions may include, but
are not limited to, combination masonry walls with vinyl fencing,
stained/treated wood, wrought iron fencing, green wall, and green sustainable
composite materials.
(iv) The development services director shall review and approve any future
additions to the exterior walls, after project completion, which shall be
constructed of materials which are either identical and/or compatible with the
original wall.
(b) In all residential zones, fences, walls and landscaping shall comply with the
standards outlined in Figure 13-75(a).
fla-Da MAX FENCE OR WALL
i 3'-8a MAX FENCE OR WALL
!-:%-o 2-8aMAXFENCEORWALL
, . , :',o:',',", ',",E l nlv
SI[)EWALK
STREET
Figure 13-75(a)
(c) On corner lots, wall and fences in excess of three and a half feet in height shall be
set back five feet from the street side property line.
(d) In commercial zones, including planned development: All interior property lines
abutting residentially zoned property shall have solid masonry walls, at least 6 feet
Ordinance No. 2025-07 Page 58 of 75
but no more than eight feet in height, unless an environmental study requires
additional height.
(e) In industrial zones, including planned development: A solid masonry wall, at least six
feet in height shall be constructed along all property lines which abut a residential or
commercial zone. The maximum wall height shall not exceed eight feet, unless an
environmental study requires additional height.
(f) Decorative details and lights such as finials, light fixtures, pilaster caps, pots and
similar decorative items may extend no more than twelve inches above the
maximum height limit. Decorative items shall be limited to no more than one item for
every six lineal feet of fence or wall. Decorative details are prohibited within visibility
triangles.
(g) In nonresidential zones, walls and fences within a landscape setback shall be a
maximum of 40% solid. This shall be measured as illustrated in Figure I 3-75(b).
%1 SS(S'.',S
S
'1
%
S
S
S
'l
S
S '. S '% (S(.S',S(.S'l . 'i '. S S
S
'%
'y
l,.
S
't
'y
y
S
S
"t
%
S
S
'1
S
S
S
S
S
"1
S
}
S
S
S
S
S
S
S
S
S
S
S
"y
y
'%
y
'l
%
'x
%
%
S
S
S
S
S
S
S
't
S
S
S
%
"i
"t
S
S
S
'l
"1
%
"1
v
S
'1
'%
S
%l
S'l .','.SS'.S'SS(S%S'l '%'S'l %(% % (.S'
Hatched elements shall be counted towards solid area
Figure 13-75(b)
(h) 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. For arterial streets that are
adjacent to residential developments, new arterial walls shall comply with the city's
streetscape and median development standards. No fence or wall located in any
street setback shall obscure the required street setback landscaping in the
commercial and industrial zones.
(i) Fences, walls and landscaping located within a visibility triangle shall be limited to
two and a half feet in height, as illustrated in Figure 13-75(c).
Ordinance No. 2025-07 Page 59 of 75
STREET
Figure 13-75(c)
(j) Inallzones,retainingwallsshallcomplywiththestandardsoutlinedinfigure13-
75(d).
I
I
FINISHED GRADE 1
t
6' MAX
IFINISHED GRADE
3' MAX
RETAINING WALL
Figure 13-75(d)
(k) Wall and fence heights shall be measured from the highest finished grade at the
base of the wall or fence.
(l) It is 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, a required setback adjacent to a residential development or on a property
with residential development. In all other locations, barbed wire, razor wire,
concertina ribbon and similar items shall maintain a minimum vertical clearance of
six feet eight inches from grade.
Ordinance No. 2025-07 Page 60 of 75
(m)It is 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.
(n) Chain link fences. In all nonresidential zones, chain link fencing is prohibited in any
required setback abutting a public right-of-way. In all residential zones, including
planned developments, chain link fencing is prohibited in any area visible from a
public street or alley.
Chain link fence removal. A property owner of any residential or planned
development property that has an existing chain link fence visible from a public
street or alley, shall remove the chain link fence at such time the property owner
obtains a building permit, or cumulative building permits over a consecutive twelve-
month period, for property improvements valued at $30,000 or more. The chain link
fence shall be completely removed prior to the finalization of the last building
permit(s) that exceeds the thirty thousand dollar ($30,000.00) valuation.
(o) Security gates, in all zones, are subject to review and approval by the planning
division in conjunction with the fire department and transportation division.
Ordinance No. 2025-07 Page 61 of 75
Section 13-89 Parking required.
The minimum amount of off-street parking as established in Table 13-89 shall be provided at the time:
(a) Any building and/or structure is constructed;
(b) Any building or structure is enlarged or increased in capacity by adding gross floor area, gross leasable area or seats;
(c) A specific use is proposed for a building site; or
(d)An existing use is changed to one which requires additional parking.
At all times, with the exception of the provisions of section 13-98, Declaration of land use restriction, parking shall be provided according
to the requirements of Table 13-89.
TABLE 13-89
NON-RESIDENTIAL PARKING STANDARDS
USE
Retail; offices; central administrative offices; individual counseling; group counseling; establishments
where food or beverages are served with a maximum of 300 square feet of public area
Office buildings exceeding 2 stories in height and 100,000 square feet in area
Banks; savings and loans; credit unions
Medical and dental offices; acupressure; massage
Furniture and appliance stores with floor area greater than 5,000 square feet
Churches; theaters; mortuaries; auditoriums; services and fraternal clubs and lodges; amphitheaters
and other similar places of assembly
Racquetball and tennis facilities
PARKING RATIO PER GROSS FLOOR AREA
(except as noted otherwise)
4 spaces per 1,000 square feet with a minimum of 6
2
spaces
3 spaces per 1,000 square feet
5 spaces per 1,000 square feet with a minimum of 6 spaces
6 spaces per 1,000 square feet with a minimum of 6 spaces
2 spaces per 1,000 square feet with a minimum of 20
spaces
Within the main auditorium or assembly area: 1 space for
each 3 fixed seats or 1 space for every 35 square feet of
seating area if there are no fixed seats. 181ineal inches of
bench shall be considered equal to 1 fixed seat.
3 spaces per court plus parking required for incidental uses
such as restaurants which shall be calculated as noted
below
Establishments where food or beverages are served with more than 300 square feet of public area
Health clubs; spas; figure salons; skating rinks; game arcades
Bowling alleys
1-4 10 spaces per 1,000 square feet for the first 3,000 square
feet;2
12 spaces per I,000 square feet for each additional 1,000
square feet above the first 3,000 square feet.2
Parking requirement is 10 spaces per I,000 square feet
3 spaces per lane plus parking required for incidental uses
such as restaurants which shall be calculated as noted
under "Establishments where food or beverages are served"
Ordinance No. 2025-07 Page 62 of 75
Trade schools; business colleges; dancing and music academies
Motels
Hotels
Establishments with live entertainment; i.e., go-go dancers, topless dancers, bikini dancers
space for each rentable unit without cooking facilities.
Each rentable unit with cooking facilities shall be governed
residential parking standards
1 space for each 2 rentable units plus 10 spaces per 1000
square feet for the first 3,000 square feet, and 20 spaces
per 1,000 square feet for each additional 1,000 square feet
above the first 3,000 square feet for restaurant, banquet,
'ng room and kitchen spaces
I parking space for each person for the first 100 persons as
authorized by capacity signs posted by the fire department;
1 parking space for each 2 persons for every 101 to 300
persons as authorized by capacity signs posted; 1 parking
space for each 3 persons for every 301 plus persons as
authorized by capacity signs posted by the fire department.
Shopping centers with a minimum of 600,000 square feet of contiguous gross leasable area:
'n structure or group of abutting structures
etail 5 spaces per I,000 square feet of gross leasable area
lishments where food or beverages are served occupying 5% or less of the total contiguous I space per I,000 square feet of gross leasable area
ross leasable area
hments where food or beverages or served in excess of 5% of the total contiguous gross 5 spaces per 1,000 square feet of gross leasable area
area
Office Space occupying 1 0% or less of the total contiguous gross leasable area None
Office Space in excess of I 0% of the total contiguous gross leasable area 4 spaces per 1,000 square feet of gross leasable area with
a minimum of 6 spaces
Ordinance No. 2025-07 Page 63 of 75
Industrial
Garden centers;
lounges
approved by minor conditional use permit where it can be
demonstrated that less parking is needed due to the hours
of operation or other unusual features of the users involved.
For mixed-use developments located in the mixed-use
overlay zone, refer to the applicable urban plan for parking
rates.
3 parking spaces shall be provided per 1,000 square feet of
gross floor area for the first 25,000 square feet of building; 2
parking spaces shall be provided per 1,000 square feet of
gross floor area between 25,000 and 50,000 square feet of
building; and one and one-half parking spaces shall be
provided per I,000 square feet of gross floor area over
50,001 square feet of building.
nurseries 4 spaces per 1,000 square feet of gross floor area; and 2
spaces per 1,000 square Feet of outdoor display area.
17 spaces per 1,000 square feet
1 Establishments limited to seating for 12 or fewer persons prior to June 4,
to this Zoning Code.
1997, shall remain at that seating limit unless additional parking is provided pursuant
2 The outdoor patio seating area(s) shall not be included in the floor area calculations for purposes of determining the required parking.
3 The final review authority may apply a maximum credit of one parking space due to the provision of bicycle racks. This credit shall only apply to the overall
parking supply and not to multiple uses.
When the approval of a use permit is required, the final review authority may require additional parking spaces at a ratio not to exceed 30 spaces per 1,000
square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or
dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have
substantially maximized the building's occupancy due to design and provision of concentrated uses.
4 When the approval of a use permit is required, the Final review authority may require additional parking spaces at a ratio not to exceed 30 spaces per 1,000
square feet of floor area of the entire building. Factors that may warrant additional parking include, but are not limited to, the provision of entertainment and/or
dancing, or substantial ratio of floor area devoted to bar as compared to restaurant use. The maximum parking rate shall be applicable to uses that have
substantially maximized the building's occupancy due to design and provision of concentrated uses.
5 The square footage of electrical and mechanical equipment and the surrounding three feet for clearance shall be excluded from the calculation of gross floor
area for the purpose of determining parking requirements
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 16, 3-2-98; Ord. No. 02-4, § Ij, 3-18-02; Ord. No. 06-9, § 1g., 4-18-06; Ord. No. 12-4, § 1,
5-15-12; Ord. No. 15-10, § 2C, 9-15-15; Ord. No. 21-20, § 1, 12-7-21)
Ordinance No. 2025-07 Page 64 of 75
Section 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 sign. Any inflatable object having no dimension that exceeds 24 inches,
including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the
shape of any object, and regardless of whether or not it contains copy.
Banner, flag, orpennant. Any cloth, bunting, plastic, paper, or similar material used for
advertising purposes on private property and not within the public right-of-way. Flags of
a nation or of the State of California, displayed as such in an appropriate manner, are
excepted from these regulations. See also street banner.
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.
Changeable copy sign. A sign whose copy consists of nonelectronic detachable
lettering or numbers that must be manually installed, usually on a series of parallel
tracks, including, but not limited to, service station price signs and theater marquees.
Commercial portable sign. Any sign which can be moved from place to place which is
not permanently affixed to the ground or to a building used for commercial purposes.
The term portable sign includes, but is not limited to, 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.
Construction site sign. A sign located on a construction site used to identify 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.
Contiguous window area. Total surface area of a window or individual window panes
separated only by vertical or horizontal mullions that are three inches wide or less.
Window areas separated by columns, wide mullions or other elements greater than
three inches in width are not considered contiguous. Window area is not considered
contiguous if it is located on a separate fagade.
Ordinance No. 2025-07 Page 65 of 75
CONTIGUOIIS WINDOW AREA
S
4"
I
!
6"
BREAK IN CONTIGUOUS
' WINDOW AREA
4- ->
3"
b
I
4- -*
"y
BREAK IN CONTIGllOuS
WINI)OW AREA
f
Figure I 3-111 (a)
Convenience sign. A sign, not larger than nine square feet, providing directional
information and designed to be viewed on site or adjacent to the site by pedestrians
and/or motorists. The term convenience sign shall also include electronic
time/temperature signs.
Electronic changeable copy sign. A sign that uses video displays, lamps, fiber optics,
light-emitting diodes (LED's) liquid crystal displays, plasma displays, or any other
mechanical or light emitting medium to convey messages, movement, or animation
imagery during or between messages.
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.
Governmental sign. A sign installed by the city or other public agency pursuant to city
approval, including, but not limited to, signs for motorist or pedestrian safety.
Height (of sign). The vertical distance from grade to the highest point of the sign or sign
structure.
Illegal sign. Any sign installed or modified in violation of the Costa Mesa Municipal Code
at the time the sign was installed 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 background. Interior illumination of a sign where the
Ordinance No. 2025-07 Page 66 of 75
background of the sign face is opaque and only the copy is illuminated.
Inflatable sign. Any inflatable object having any dimension in excess of 24 inches,
including, but not limited to, objects made of plastic, cloth, rubber, or canvas, having the
shape of any object, and regardless of whether or not it contains copy.
Mural or super graphic. A large image, picture, or design painted on or affixed to the
exterior of a building or structure. A mural or super graphic is a sign only if it is related
by language and/or logo to the advertisement of any product or service or the
identification of any business.
Neighborhood identification sign. A sign identifying the entrance to a residential area
consisting of five or more acres.
Non-commercial banner, flags, or pennants. Any cloth, bunting, plastic, paper, or similar
material which is not used for advertising purposes on private property and not within
the public right-of-way. Examples of non-commercial banners generally include, but are
not limited to, signs that espouse a political or religious viewpoint, and signs
commenting on public official(s) or matter(s) of public discourse.
Non-commercial portable sign. Any sign which can be moved from place to place which
is not permanently affixed to the ground or to a building which is not used for
commercial purposes. Examples of noncommercial signs generally include, but are not
limited to, signs that espouse a political or religious viewpoint, and signs commenting on
public official(s) or matter(s) of public discourse.
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
for the premises on which the sign is located.
Painted wall sign. Any sign painted directly on the exterior surface of a building or
structure, except awnings or canopies. (See "mural or super graphic").
Permanent window sign. A sign that is placed on or behind a window for a period of
time in excess of 60 days. Paper or cardboard signs, or signs painted directly onto the
surface of a window are not considered permanent window signs regardless of the
duration of display.
Public baseball/softball field. Any baseball and/or softball field owned, rented, or leased
by the city or used by the city under a joint use agreement.
Public property. Any building, park, grounds, structures, or other real property
(collectively referred to as "property" for the purpose of this definition) owned, rented, or
leased by the city not within the public right-of-way or any such property used by the city
under a joint use agreement. For the purposes of this definition, public property does
not include public baseball and soffball fields.
Public right-of-way. Any public sidewalk, street, alley or highway improved to allow
vehicular and pedestrian access and adjacent city landscape areas including trees
Ordinance No. 2025-07 Page 67 of 75
therein, traffic control devices, street name signs, fire hydrants and other structures,
under the ownership and jurisdiction of the city or the state.
Real estate sign. A temporary sign placed for the purposes of advertising the premises
on which the sign is located as either for sale, lease or rent, and includes for sale sign
and open house sign.
Sign. 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, but does not include handbills.
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.
Street banner. Any cloth, bunting, plastic, paper, or similar material used for advertising
purposes on a light standard within the public right-of-way.
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, including paper or cardboard signs, or signs painted
directly onto the surface of a window.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-10, § 1, 7-1 9-99; Ord. No. 02-8, § '1 a, 4-1 5-02;
Ord. No. 04-11, §§ 1, 2, I O-1 8-04; Ord. No. 11-11, § 1, 9-20-11 ; Ord. No. 16-04, § 2, 8-
2-16; Ord. No. 18-02, § 2, 1-16-18)
Ordinance No. 2025-07 Page 68 of 75
Section 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.
Other Nonresidential Zone:
um Diameter O Feet
Residential Zone or
Nonresidential Zone adjacent
to a Residential Zone:
applicable.
Other Nonresidential Zone:No regulation Dish-shaped elements in excess or 2 feet in diameter shall comply with the satellite
dish antenna development standards regarding maximum height (applicable to
dish element only) and materials.
dish-shaped element attached to an antenna: 2 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
ing Required
esidential Zone or
Nonresidential Zone ad'
Screening, either partial or total, may be
required by the planning division when the
na is visible from off-site.
round-mounted: No regulation.
oof-mounted: Antennas less than
feet in ' ht: No ulation.
Ground-mounted:
Screening shall be required when the
antenna and su structures/equipment is
Ordinance No. 2025-07 Page 69 of 75
Ordinance No. 2025-07 Page 70 of 75
STANDARDS
to a Residential Zone:
TABLE 13-142
ANTENNA DEVELOPMENT STANDARDS
AMATEUR RADIO
Antennas 30 feet or more in height:
COMMUNICATION
visible from off site.
Other Nonresidential Zone:
Color
SATELLITE DISH
The screening may consist of a solid,
opaque fence, wall, vegetation, landscaping
and/or any other material deemed
acceptable by the planning division.
Screening may be required in Roof-mounted: Screening may be required if
Nonresidential Zones if necessary to 'necessary to lessen visual impacts, under the
lessen visual impacts on the adjacentdirection of the planning division.
Residential Zone(s), under the
direction of the planning division.
Noregulation Sameasabove
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.
Signs No sign of any kind shall be posted or displayed on any antenna.
'Radiofrequency (RF) Radiation 'No transmitting antenna or facility, except as categorically excluded by the Federal Communication Commission, shall exceed
the radiofrequency (RF) radiation and maximum permissible exposure (MPE) limits for electrical and magnetic field strength and
power density established by the National Council on Radiation Protection and Measurements (NCRP) and the 1992 ANSI/IEEE
for an "uncontrolled environment." It shall be the responsibility of the applicant to provide evidence of compliance with applicable
standards.
Wiring All electrical and antenna wiring shall be encased in tubing or other devices acceptable to the planning division and/or concealed
to the maximum extent feasible to minimize visual impact.
'Materials 'When the antenna exceeds 6 feet in height above grade, the dish-shaped element shall be of a mesh construction.
Not applicable.
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.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 23, 3-2-98; Ord. No. 21-20, § 1, 12-7-21)
Section 13-265.5 Parcel Maps for Urban Lot Splits.
(a) Definitions. For purposes of this section, the following definition shall apply:
(1 ) "Urban lot split" means a lot split of a single-family residential lot into two
parcels that meets the requirements of this section.
(b) The city shall ministerially approve a parcel map for a lot split that meets the
following applicable requirements:
(1 ) The parcel is located within a single-family residential zone.
(2) The parcel is located at least partially in an urbanized area or urban cluster as
designated by the United States Census Bureau.
(3) The parcel map divides an existing parcel to create no more than two new
parcels of approximately equal lot area, provided that one parcel shall not be
smaller than 40 percent of the lot area of the original parcel.
(4) Both newly created parcels are no smaller than 1,200 square feet.
(5) The parcel is not located in any of the following areas and does not fall within
any of the following categories:
a. A historic district or property included on the State Historic Resources
Inventory, as defined in section 5020.1 of the Public Resources Code, or
within a site that is designated or listed as a city landmark or historic property
or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in
Government Code section 659'l3.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service
Manual, Part 660 FW 2(June 21, 1993).
d. A very high fire hazard severity zone as further defined in Government
Code section 6591 3.4(a)(6)(D). This does not apply to sites excluded from
the specified hazard zones by a local agency, pursuant to subdivision (b) of
section 5'l179, or sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures
applicable to the development.
e. A hazardous waste site that is listed pursuant to Government Code
section 65962.5 or a hazardous waste site designated by the Department of
Toxic Substances Control pursuant to section 25356 of the Health and Safety
Code, unless the State Department of Public Health, State Water Resources
Control Board, or Department of Toxic Substances Control has cleared the
site for residential use or residential mixed uses.
f. AdelineatedearthquakefaultzoneasdeterminedbytheStateGeologistin
any official maps published by the State Geologist, unless the development
complies with applicable seismic protection building code standards adopted
Ordinance No. 2025-07 Page 71 of 75
by the California Building Standards Commission under the California
Building Standards Law and by the city's building department.
g. A special flood hazard area subject to inundation by the I percent annual
chance flood (1 00-year flood) as determined by the Federal Emergency
Management Agency (FEMA) in any official maps published by FEMA. if an
applicant is able to satisfy all applicable federal qualifying criteria in order to
provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, the city shall not deny the application
on the basis that the applicant did not comply with any additional permit
requirement, standard, or action adopted by the city that is applicable to that
site. A development may be located on a site described in this subparagraph
if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by
FEMA and issued to the city; or
The site meets FEMA requirements necessary to meet minimum flood
plain management criteria of the Nation Flood Insurance Program as
further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
h. AregulatoryfloodwayasdeterminedbyFEMAinanyofitsofficialmaps,
published by FEMA unless the development has received a no-rise
certification in accordance with section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations. If an applicant is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this subparagraph
and is otherwise eligible for streamlined approval under this section, the city
shall not deny the application on the basis that the applicant did not comply
with any additional permit requirement, standard, or action adopted by the city
that is applicable to that site.
i. Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan as further spelled out in Government Code section
6591 3.4(a)(6)(1).
j. Habitat for protected species identified as candidate, sensitive, or species
of special status by state or federal agencies, fully protected species, or
species protected by the federal Endangered Species Act of 1973 (16 u.s.c.
Sec. I 531 et seq.), the California Endangered Species Act (Chapter 1.5
(commencing with section 2050) of Division 3 of the Fish and Game Code), or
the Native Plant Protection Act (Chapter 10 (commencing with section 1900)
of Division 2 of the Fish and Game Code).
k. Lands under a conservation easement.
(6) The proposed lot split would not require demolition or alteration of any of
the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that
Ordinance No. 2025-07 Page 72 of 75
restricts rents to levels affordable to persons and families of moderate, low, or
very low income;
b. Housing that is subject to any form of rent or price control by the city;
c. A parcel or parcels on which an owner of residential real property
exercised rights under Government Code section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date of the
application; or
d. Housing that has been occupied by a tenant in the last three years.
(7) The lot split does not create more than two units on a parcel, including any
accessory dwelling units or junior accessory dwelling units.
(c) Standards and Requirements. Except where superseded by the following
provisions or state law, Parcel Maps for Urban Lot Splits pursuant to Government
Code Section 66411.7 shall comply with the development standards applicable to
the RI Single-Family Residential District including but not limited to Section 13-32 of
this code:
(1) The lot split conforms to all applicable objective requirements of the
Subdivision Map Act and Title 13 of this code, except as the same are modified
by this section.
(2) No setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing
structure.
(3) Except for those circumstances described in section C2 above, the setback
for side and rear lot lines shall be four feet. The front setback shall be as set forth
in the R-I Single-Family Residential District standards.
(4) The applicant shall provide easements for the provision of public services and
facilities as required.
(5) Units constructed on sites created pursuant to Government Code Section
66411.7 shall adhere to the following:
a. All new development shall be constructed, in accordance with code
standards and design guidelines applicable to the R1 Single-Family
Residential District.
b. Each unit which is attached to an existing or proposed dwelling shall have
the same design, materials, finishes, and colors as the attached dwelling and
shall be in accordance with code standards and design guidelines applicable
to the RI Single-Family Residential District.
c. Any proposed detached units on the same lot shall be compatible in
exterior appearance with an existing unit in terms of design, materials,
finishes, and colors within the same property on which it is proposed to be
constructed, in accordance with code standards and design guidelines
Ordinance No. 2025-07 Page 73 of 75
applicable to the R1 Single-Family Residential District.
(6) All lots shall have a minimum street frontage of ten feet to provide for
vehicular access, or 16-foot frontage if the driveway serves two units. For a lot
without physical street frontage, access to street frontage shall be provided
by the granting of a duly recorded permanent easement for ingress and egress
purposes in favor of the lot without physical street frontage.
(7) In order to preserve the City's inventory of on-street parking, existing and
proposed development pursuant to Government Code section 66411.7 shall be
limited to one driveway ingress/egress per resultant lot.
(8) Required off-street parking shall consist of at least one garage parking space
per unit and the location and configuration of such parking shall be in compliance
with the standards set forth in this code, except that no parking requirements shall
be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high-
quality transit corridor as defined by Public Resources Code section 211 55(b)
or a major transit stop as defined in Public Resources Code section 21 064.3;
or
b. There is a car share vehicle located within one block of the parcel.
(d) The city shall not deny an application based on any of the following:
(1) The city shall not require dedications of rights-of-way or the construction of
offsite improvements for the parcels being created as a condition of issuing a
parcel map.
(2) The city shall not impose any objective zoning, subdivision, or design
standards that would have the effect of physically precluding the creation of two
units on either of the resulting parcels or that would result in a unit size of less
than 800 square feet. If the city determines that the strict application of objective
zoning, subdivisions or design standards would physically preclude the
development of two units on a lot each with a minimum unit size of 800 square
feet, the city may ministerially allow deviations from development standards
generally applicable to the R-1 zoning district pursuant to city policies and/or
regulations implementing this section if such deviation is in compliance with
applicable building and fire code standards and regulations and if there are no
other feasible means of complying with state law.
(3) The city shall not require the correction of nonconforming zoning provisions as
a condition for the lot split.
(4) The city shall not deny an application solely because it proposes an adjacent or
connected structure provided that all building code safety standards are met and
they are sufficient to allow a separate conveyance.
(e) An applicant for an urban lot split shall be required to sign an affidavit in a form
approved by the City Attorney to be recorded against the property stating the
Ordinance No. 2025-07 Page 74 of 75
following:
(1) That applicant intends to occupy one of the housing units as their principal
residence for a minimum of three years from the date of approval. This
requirement does not apply when the applicant is a "community land trust" or a
"qualified nonprofit corporation" as the same are defined in the Revenue and
Taxation Code.
(2) That the uses shall be limited to residential uses.
(3) That any rental of any unit created by the lot split shall be for a minimum of
thirty-one days.
(4) That the maximum number of units to be allowed on the parcels is four,
including but not limited to units otherwise allowed pursuant to density bonus
provisions, accessory dwelling units, junior accessory dwelling units, or units
allowed pursuant to section 13-36.
(f) The city may deny the lot split if the building official makes a written finding,
based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and
determined in Government Code section 65589.5(d)(2), upon the public health and
safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(g) This section shall not apply to:
(1 ) Any parcel which has been established pursuant to a lot split in accordance
with this section; or
(2) Any parcel where the owner of the parcel being subdivided or any person
acting in concert with the owner has previously subdivided an adjacent parcel in
accordance with this section. For purposes of this section, it will be assumed that
where a lot owner purchased the property from an adjacent owner who
subdivided his property pursuant to this division within five years of the lot split,
the owner is acting in concert with the then owner of the adjacent lot.
However, acting in concert is not limited to this situation.
(h) The provisions of this section supersede any contrary provisions
contained elsewhere in this code.
Ordinance No. 2025-07 Page 75 of 75