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Ordinance No. 2026-01 Page 1 of 11
ORDINANCE NO. 2026-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
(PLANNING ZONING AND DEVELOPMENT) TO ALLOW FOR MINISTERIAL
PROCESSING OF TWO-UNIT SMALL LOT ORDINANCE PROJECTS (CODE
AMENDMENT PCTY-2025-0007)
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 reduce barriers to
developing two-unit small lot ordinance projects in the City; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on December 8, 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 5-2 (Zich and Dixon
voting no) vote; and,
WHEREAS, the City Council held a public hearing on January 20, 2026, with all
persons having the opportunity to speak for and against the proposal.
WHEREAS, the City Council held a public hearing on February 3, 2026, the City
Council heard a second reading of Ordinance 26-01.
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 13 Chapter II, Section 13-29 Planning Application Review Process, Table
13-29 (c) of the Costa Mesa Municipal Code is hereby amended to read as follows:
Ordinance No. 2026-01 Page 2 of 11
TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
Planning
Applications
Public
Notice
Required
Public
Hearing
Required
Recommending
Authority
Final Review
Authority
Notice
of
Decision
Development
Review
Minor
Modification
No No None Planning
Division No
Reasonable
Accommodation No No None Planning
Division No
Lot Line
Adjustment No No None Planning
Division No
Tentative Parcel
Map for Urban
Lot Splits and
Ministerial Small
Lot Subdivisions
No No None Planning
Division No
Special Use
Permit Yes Yes None Planning
Division No
Administrative
Adjustment
Minor
Conditional Use
Permit Minor
Design Review
Planned
Signing
Program
Yes No None Zoning
Administrator Yes
Design Review
Mobile Home
Park
Conversion
Common
Interest
Development
Conversion
(Residential or
Nonresidential)
Specific Plan
Conformity
Review
Yes Yes Planning Division Planning
Commission Yes
Ordinance No. 2026-01 Page 3 of 11
TABLE 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
Planning
Applications
Public
Notice
Required
Public
Hearing
Required
Recommending
Authority
Final Review
Authority
Notice
of
Decision
Tentative Parcel
Map
Tentative Tract
Map
Variance
Conditional Use
Permit Density
Bonus
Master Plan
Master Plan—
Preliminary
Yes Yes Planning Division
Planning
Commission
(excepted
where noted
otherwise in
this zoning
code)
Yes
Redevelopment
Action Yes Yes Planning Commission Redevelopment
Agency Yes
Rezone Yes Yes
Planning Commission;
and, if located in a
redevelopment project
area, the
Redevelopment
Agency
City Council No
Local Register
of Historic
Places
No No
Planning Commission
or other
commission/committee
as designated by the
City Council
City Council Yes
Certificate of
Appropriateness No No
Planning Commission
or other commission/
committee as
designated by the City
Council
Planning
Commission or
other
commission/
committee as
designated by
the City Council
No
Section 2. Title 13 Chapter V, Section 13-42.2 Planning Applications Required of the
Costa Mesa Municipal Code is hereby amended to read as follows:
SECTION 13-42.2: Planning application required.
Ordinance No. 2026-01 Page 4 of 11
(a) Small lot subdivisions are permitted in appropriate residential districts and not
in combination with other development standards in the overlays zones, subject to
approval of the following planning application as may be applicable. This
requirement is in addition to other permits or certificates required by law.
(1) All new small lot development projects for three or more main dwelling units
shall be processed according to the design review procedures contained in
section 13-29. Projects with two main dwelling units being proposed or converted
shall be processed ministerially subject to the development standards within this
chapter and the residential design guidelines as contained in the Two Unit Small
Lot Ordinance Checklist.
(2) All small lot development projects for three or more main dwelling units require
approval of a tentative tract or parcel map as required by law. A tentative tract map
or parcel map shall not be required until a design review has been approved;
however, the map may be processed concurrently. Small lot development projects
consisting of two main dwelling units shall be processed ministerially.
(b) No person shall construct, sell, lease, convey, maintain or use a lot in a small
lot subdivision project within the city without first complying with the provisions of
this article.
Section 3. Title 13 Chapter V, Section 13-42.3 Development Standards and Requirements
of the Costa Mesa Municipal Code is hereby amended to read as follows:
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 15 lots or less in multi-family zones and not in combination
with other development standards in the overlays zones except as allowed in Table
13-42 below.
(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 of 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
Ordinance No. 2026-01 Page 5 of 11
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 façades,
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 street/alley.
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 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.
(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 provided for in the 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.
Table 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling
unit lots and excluding townhouses)
Maximum Number of
Stories & Building
Height
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 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.
Ordinance No. 2026-01 Page 6 of 11
Table 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling
unit lots and excluding townhouses)
Windows in any attic space above the second story shall be
incidental and limited to a dormer style.
Maximum Density
(based on gross
acreage)
Same as underlying zoning district or as specified in an
applicable specific plan.
Minimum Open
Space (development
lot)
35% of total lot area. No asphalt shall be permitted for
paved areas. Parking and driveways shall consist of
decorative concrete, pavers or other materials as deemed
appropriate by the Development Services Director. This
requirement may be decreased to a minimum of up to 30%,
if the difference in the area is provided as additional open
guest parking, located in a common area, and not exclusive
for any specific unit.
Minimum Open
Space (individual
unit)
200 square feet with no dimension less than 10 feet.
Development Lot Separately owned private property interests or any portion
thereof, necessary or desirable for common use, are subject
to recordation of an easement for reciprocal access and
maintenance. All areas of a development with 5 or more
parcels, subject to a reciprocal access and/or maintenance
easement shall be maintained by an association that may
be incorporated or unincorporated. The association may be
referred to as a maintenance association.
Parking • 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.
For developments with 5 or more units (up to 10 units)
where open/guest parking spaces are provided in driveways
in front of garages for exclusive use of that unit, one
additional on-site guest parking shall be provided. Two
additional open 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
driveway shall be unassigned and nonexclusive.
Ordinance No. 2026-01 Page 7 of 11
Table 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling
unit lots and excluding townhouses)
Distance Between
Buildings
(development lot)
6 feet minimum
Driveway Width
(development lot)
10-foot minimum, except 16-foot minimum driveway is
required if the driveway serves tenants and/or guest parking
for more than one dwelling unit. Driveway width shall be a
maximum of 26 feet for lots less than 50 feet wide and a
maximum of 50% for lots greater than 50 feet wide.
Driveway Length
Straight-in driveways to garages shall have a minimum
length of 19 feet from the ultimate public or private right-of-
way. No driveways shall be more than 5 feet in length if
parking is not provided in front of garage.
Driveways accessing rear parcels shall be in compliance
with the requirements of the Parking Design Standards,
minimum separation between driveways and maximum 50%
hardscape requirement.
Mechanical
Equipment
(excluding antennas
and flush-mounted
solar panels on
roofs)
Roof-top location is prohibited unless completely screened
from public rights-of-way and adjacent properties.
Development Lot
Front Setback
20 feet
Development Lot
Side yard Setback
(interior)
5 feet
Development Lot
Side Setback (street
side, if applicable)
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 public or private right-of-way.
Development Lot
Rear yard Setback
(interior)
15 feet
Development Lot
Rear Setback
Abutting a Publicly
Dedicated Alley
5 feet; however, garages may be required to be set back
further to ensure adequate back up distance. Rear Yard
Coverage does not apply.
Ordinance No. 2026-01 Page 8 of 11
Table 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling
unit lots and excluding townhouses)
Flag Lots and Alley
Fronting Lots
Flag lots are required to be accessed with a minimum 16-
foot wide driveway unless serving one unit in which case a
minimum of driveway width of 10-feet shall be provided.
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 prohibited.
Bluff Top Setback No building or structure closer than 10 feet from bluff crest
(see section 13-34 Bluff-top development).
Roof or Eaves
Overhang; Awning
2 feet 6 inches into required side setback or building
separation area.
5 feet into required front or rear setback.
Open, Unenclosed
Stairways
Not permitted
Chimneys May extend 2 feet above maximum building height.
Fireplaces 2 feet into required setback of building separation area
Automatic Roll-Up
Garage Doors
Required
Location of Open
Parking
Guest 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.
Trash Storage All 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
greatest extent possible.
Above-Ground Pools
and Spas
Prohibited in front yards and subject to 5-foot side and rear
setback from the main structures.
LANDSCAPING
A detailed landscape plan prepared pursuant to Chapter VII Landscaping
Standards shall be approved by the Planning Division prior to issuance of any
building permits.
SIGNS (See Chapter VIII).
FENCES AND WALLS
Ordinance No. 2026-01 Page 9 of 11
Table 13-42
SMALL LOT SUBDIVISION STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling
unit lots and excluding townhouses)
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.
PREEXISTING DEVELOPMENT
Small lot subdivisions and structures constructed, permitted or approved under the
small lot ordinance prior to October 18, 2018, shall be considered conforming with
regard to the above provisions.
TWO UNIT CONVERSIONS
Projects proposing to subdivide a property with two existing units shall comply with
all development standards within this table.
Section 4. 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.
Section 5. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
Ordinance No. 2026-01 Page 10 of 11
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.
PASSE[) AND ADOPTED this 3rd day of February; 2(126.
ATTEST:APPROVED AS TO FORM:
'!:n'a=, rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITYOFCOSTAMESA )
SS
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFYii&hat the above and foregoing Ordinance No. 2026-01 was duly introduced for
first reading at a regular meeting of the City Council held on the 20'h day of January 2026,
and that.thereafter, said Ordinance was duly passed and adopted at a regular meeting of
the City"!&agrict!,iiield on the 3rd day of February, 2026, by the following roll call vote, to
wit:
AYES: COUNCIL MEMBERS: GAMEROS, MARR, REYNOLDS, CHAVEZ, AND STEPHENS.
NOES: COUNCIL MEMBERS: PETTIS.
ABSENT: COUNCIL MEMBERS: BULEY.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 4kh day of February, 2026.
2i3:,rk
Ordinance No. 2026-01 Page 1l of Il