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HomeMy WebLinkAboutPH-4 - 26-174 - Strikethrough Amendments - 3/17/2026ATTACHMENT 7 Article 2 Definitions § 13-5. Purpose. EXHIBIT A The intent of this article is to define certain words and phrases which are used in this Zoning Code. Additional definitions may also be given in conjunction with the special regulations contained in Chapter IX, Special Land Use Regulations, and Chapter XII, Special Fee Assessments. (Ord. No. 97-11, § 2, 5-5-97) § 13-6. Definitions. Abutting. Sharing a common boundary, of at least one point contiguous to, having district boundaries or lot fines 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 (ADD). See Chapter V, Article 2, section 13-35. Accessory use. A use incidental and subordinate to and devoted exclusively to the main use of the land or building thereon that does not change the character of the structure or use. Accessory use, residential. A use that is a part of, and clearly incidental and secondary to, a residence; located on the same lot as a residence; and that does not change the character of the residential use such as: (a) Accessory dwelling unit (ADU) (b) Home occupations (c) Personal property sales (i.e., garage or yard sales). Adjacent. Same as abutting, but also includes properties which are separated by a public right-of-way, not exceeding 120 feet in width. a•��rr1 e. nnn��iinarl in 4hi�+ ' r01*g !- Ode based O Gifired fiRGIiR Adult business. See Chapter IX, Special Land Use Regulations, Article 1, Adult Businesses, for specific definitions and terms. Alcoholism or drag 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 from another antenna, device or orbiting satellite, as well as supporting equipment necessary to install or mount the antenna. Antenna, amateur radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna, communication. All types of receiving and transmitting antennas, except satellite dish antennas and amateur radio antennas. Communication antenna includes, but is not limited to, cable television antennas, cellular radiotelephone cell antennas, FM digital communication antennas, microwave telephone communication antennas, and shortwave communication and other similar antennas. Antenna height. The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. Antenna, satellite dish. An antenna intended for the purpose of receiving or transmitting communication to or from an orbiting satellite. Antenna, whip. An antenna and its support structure consisting of a single, slender, rod- like element which is supported only at or near its base. Apartment. A rental or lease dwelling having kitchen facilities in a structure designed or used to house at least one family, as the term "family" is defined in this Zoning Code. 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 coverthat projects from the wall of a building for the purpose of shielding the sun or providing an architectural accent. Basement. A space wholly or partially underground and having more than 1/2 of its height, measuring from floor to ceiling, below the average grade. If the finished floor level directly above the basement is more than four feet above grade at any point, the basement shall be considered a story. Boardinghouse. A dwelling unit, other than a hotel, wherein rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the dwelling unit. Boardinghouse, small means two or fewer rooms being rented to a maximum of three occupants per dwelling unit. Boardinghouse, large means three to six rooms being rented to a maximum of six occupants per dwelling unit. Boardinghouses renting two or fewer rooms and having more than three occupants, or renting more than six rooms and/ or having more than six occupants, per dwelling unit are prohibited. Building. Any structure having roof and walls and requiring permanent location on the ground, built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. Building height. The distance from the finished grade (as defined in this section) to the highest point on the roof, including roof -top mechanical equipment and screening. Building, maim. 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 11003.21 containing two or more rights of exclusive occupancy. Conditional use permit. A discretionary approval usually granted by the planning commission which allows a use or activity not allowed as a matter of right, based on specified findings. 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). Easement. A grant of one or more property rights by the owner for use by the public, a corporation or another person or entity. Efficiency unit. A dwelling unit for occupancy by no more than two persons conforming to California's Health and Safety Code 17958.1 with a minimum floor area of 150 square feet that provides bathroom facilities and a partial kitchen equipped with a sink, cooking appliance, and refrigerator, Electronic cigarette. An electronic and/or battery -operated device used to provide an inhalable dose of nicotine by delivering a vaporized solution. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor. Electronic game machine. Any electronic or mechanical device which upon insertion of a coin, slug, or token in any slot or receptacle attached to the device or connected therewith, operates, or which may be operated for use as a game, contest, or amusement through the exercise of skill or chance. 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. 4 Employee housin . Shall have the same meanin as "employee housing" described in California Health and Safety Code Section 17021.5, and as set forth in California Health and Safety Code Section 17068 for farmworkers. Entertainment (live). Any act, play, revue, pantomime scene, dance act, musical performance, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance. 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 horse 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. Floor area ratio. The gross floor area of a building or project divided by the project lot area upon which it is located. Garage. An accessory or attached enclosed building with doors, designed and/or used for vehicle parking. Garage sale. An event for the purpose of selling or trading personal property. Garage sale includes yard sale. General plan. The City of Costa Mesa General Plan as adopted or amended from time to time by the city council. Grade. The lowest point of the finished surface elevation of either the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than live feet from the building, between the building and a line five feet from the building. Grade, finished, The surface of the ground at a stated location as it exists after completion of precise grading. Grade, natural. The unaltered natural surface of the ground at a stated location. Gross acreage. The total area within the lot lines of a lot of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot, and not including adjacent lands already dedicated for such purposes. Gross floor area. The area of all floors within the walls of a structure except elevator and other vertical shafts (including stairwells) and elevator equipment areas. Gross leasable area. The total floor area designed for tenant occupancy and exclusive use, including both owned and leased areas. Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit; (3) any group home without an operator, Gueslroom. 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. Hotel. Any building or combination of buildings generally three or more stories in height containing six or more guest rooms offering transient lodging accommodations to the general public and providing incidental guest services such as food and beverage service, recreation facilities, retail services and banquet, reception and meeting rooms_ Typically, room access is provided through a main or central lobby. Household includes all the people occupying a dwelling unit, and includes people who live in different units governed by the same operator. Integral facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral uses. Any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of 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 113 of the area of the room in which it is located. Lot. (a) A parcel of real property when shown as a delineated parcel of land with a number or designation on a subdivision map or parcel map recorded in the office of the county recorder, and created in conformance with the Subdivision Map Act and applicable local ordinances. (b) A parcel of real property when shown on a record of survey map or deed filed in the office of the county recorder, when such map or deed was filed as the result of and was made a condition of a lot division approved under the authority of prior ordinances. Lot area. The total land area of a project after all required dedications or reservations for public improvements, including, but not limited to, streets, parks, schools, and flood control channels. This phrase does not apply in the planned development zones where the phrase "site area," as defined in Chapter V, Development Standards, is used. Lot, corner. A lot abutting on and at the intersection of two or more streets which intersect at an angle that is equal to or less than 135 degrees. Lot, depth. The average of the horizontal distance between the front and the rear lot lines. Lot, development. The master lot or project site upon which a development will be constructed. Lot, individual dwelling unit. An individual building site a lot within a development intended for construction of a single attached or detached dwelling unit. Lot, interior. A lot abutting only one street, or a lot abutting two streets which intersect at an angle greater than 135 degrees. Lot, width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the front building setback line. Low barrier navigation center. Shall have the same meaning as "low barrier navigation center' as set forth in Government Code Section 65666. Maiormodification. A discretionary entitlement, usuaIly aranted by the zoning administrator, which permits limited deviation from the strict application of the development standards contained in this zoning Code, based on specified findings. Manufactured housing. Detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, including structures known as manufactured homes and mobile homes. For the purpose of this Zoning Code, a factory - built single-family structure that is manufactured under the authority of 42 U.S.C. section 5401, the National Manufactured Home Construction and Safety Standards Act, transportable in one or more sections, built on a permanent chassis and used as a place of human habitation, shall be considered a single-family home and shall be reviewed under the same standards as a sitebuilt structure. Marijuana. Has the same definition as that set forth in California Health and Safety Code section 11018. Marijuana cultivation and/or medical marijuana cultivation. The planting, growing, harvesting, drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana, and shall include both indoor and outdoor cultivation. Masterplan. The overall development plan for a parcel or parcels which is depicted in both 7 a written and graphic format. Master plan of highways_ The graphic representation of the city's ultimate circulation system contained in the general plan. It illustrates the alignment of the major, primary, secondary and collector highways. Median_ A paved or planted area separating a parking area, street, or highway, into two or more lanes or directions of travel. Medical marijuana. Marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5. Medical marijuana dispensary. A facility or location where medical marijuana is cultivated or by any other means made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card in strict accordance with State Health and Safety Code sections 11362.5 et seq., and 11362.7 et seq., which shall include, but not be limited to, any facility or location engaging in the retail sale, dispensation, or distribution of marijuana for medical purposes that does not have an active role in the cultivation of the marijuana product that it sells, dispenses, or distributes, or when its cultivation of the marijuana product is off -site from the facility or location for retail sale, dispensation, or distribution. Minor conditional use permit. A discretionary approval granted by the zoning administrator which allows a use or activity not allowed as a matter of right, based on specified findings. Minor modification. A discretionary entitlement granted by the planning division, which permits limited deviation from the strict application of the development standards contained in this Zoning Code, based on specified findings. Mixed use development. The development of lots) or structures) 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 mobite 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 motels. Municipal Code. City of Costa Mesa Municipal Code. Open space. An area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreational areas, playgrounds, fountains, swimming pools, wooded areas; first floor decks; unenciosed 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 8 designed or intended for vehicular travel; and upper floor decks, balconies or areas under projections which are less than eight feet above grade. Open space, common. An area of land reserved primarily for the leisure and recreational use of all residents of a planned development or common interest development and owned in common by them, generally through a homeowners' association. Open space, private. An area of land located adjacent to an individual dwelling unit, owned or leased and maintained by its residents, and reserved exclusively for their use. Operator means a company, business or individual, including an in-house manager, who provides residential services, i.e„ the placement of individuals in a residence, setting of house rules, and/or governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator. Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of a project. Parcel. Same as Lot. Parkway. The area of a public street that lies between the curb and the adjacent property line or physical boundary definition, which is used for landscaping and/or passive recreational purposes. 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.-5:00 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 administrator, planning commission, or city council. Planning applications include administpative adjustRer#smaior modifications, conditional use permits, development reviews, variances, etc. Planning division. The planning division of the development services department of the City of Costa Mesa. Protect. See development. Property line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. 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- 9 residentially zoned property, any property line abutting a public street designated as a secondary, primary or major street on the master plan of highways shall be deemed a front property line. A non -residentially zoned property shall have more than one front property line when it abuts more than one street designated as secondary, primary, or major on the master plan of highways. For R-1 zoned property located on corner lots, the front property line may be the property line towards which the front of the dwelling unit is oriented. Property line, rear. The property line opposite the front property line. A corner lot with more than one front property line shall have more than one rear property line. Irregularly shaped lots may also have more than one rear property line. Property line, side. Any property line which is not a front or rear property line. Property line, ultimate, The boundary of a lot after the dedication of land for use as public rights) -of -way, whether dedicated in fee or by easement. A setback is measured from the ultimate property line. Public area. Establishments where food or beverages are served. That portion of an establishment reserved for the exclusive use of the public for the receipt or consumption of food and/or beverages. For the purpose of this Zoning Code, public area shall not include restrooms, kitchens, hallways or other areas restricted to employees only. Public hearing. A public proceeding conducted for the purpose of acquiring information or evidence which may be considered in evaluating a proposed action, and which affords to any affected person or persons the opportunity to present their views, opinions, and information on such proposed applications. "Mandatory hearings" are those required to be held by law, and "discretionary hearings" are those which may be held within the sole discretion of the hearing body. Public right-of-way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses. Recyclable materials. Reusable materials, including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture or reconstruction. Recyclable materials do not include refuse, hazardous materials or hazardous waste. Recycling, The process by which waste products are reduced to raw materials and transformed into new products. Recycling and collection facility. A building or enclosed space used for the collection and processing of recyclable materials for preparation for shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning or rema n ufactu ring. Referral facility. A residential care facility or a group home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. Residential care facility. A residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but may not be limited to, the following: intermediate care facilities for the developmentally disabled (Health & Safety Code §§ 1267.8,1267.9); community care facilities (Health & Safety Code § 1500 et seq.); residential care facilities for the elderly (Health & Safety Code § 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Safety Code § 1568.02); alcoholism and drug abuse facilities (Health & Safety Code §§ 11834.02-11834,30); pediatric day health and respite care facilities (Health & Safety Code § 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Safety Code §§ 1265- 1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (We]. & Inst. Code §§ 5115-5120). Residential, multi -family. Apartments, common interest developments, townhouses and similar multiple -family residential developments, including detached single-family homes where there is more than one primary dwelling unit on a lot. Residential, single-family. Detached single-family home where there is no more than one primary dwelling unit on a lot. Room, bedroom. A fully -enclosed room designed or intended to be used for sleeping purposes within a residence that typically includes a closet and is separated from the other living spaces with a door. Room, home office. A room designed and intended to be used for a household office or small business related activity within a residence. Within a single-family detached residence, this room is strictly not intended for sleeping purposes, and lacks direct access to a bathroom. The home office may also be referred to as a studio, den, study or library. Senior congregate care facility. A structure(s) providing residence for 13 or more senior citizens with kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living quarters. Setback. The required distance that a building, structure, parking or other designated item must be located from a property line or lot line. A setback is measured from the ultimate property line. Single housekeeping unit The occupants of a dwelling unit have established ties and familiarity with each other, including jointly use of and responsibility, for common areas, which includes interaction with each other, shared meals, household activities, and expenses and responsibilities; where resident is rnu'tuaiiy agreed by all residents is not transitM in nature to z and the residential activities of the household are conducted on a "^nQt-for-profit basis. Single room occupancy unit. A dwelling unit that serves as the primary residence of its occupant(s) and is offered on a monthly rental basis or longer. Single room occupancy units may contain kitchen andlor sanity facilities. If the units d❑ not contain kitchen and/or bathroom facilities, shared kitchen and/or bathroom facilities must be provided within the building. Single morn 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 wails where each unit is independently constructed on an individual parcel and the land is subdivided into fee simple parcels containing each unit. Each individual lot is provided with either a direct access to public street/alley or an easement access through a recorded subdivision map. Smoking lounge. Any facility or location whose business operation, whether as a primary use or an ancillary use, is characterized by the sale, offering, and/or preparation of smoking of tobacco, cigars, hookah, electronic cigarettes, or similar products, including but not limited to establishments known variously as hookah parlors, vaping lounges, or cigar bars. SmokingAvaping 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 sorer living home that operates as a single housekeeping unit; (3) any sober living home without an operator. Specialty store. A retail store less than 3,000 square feet in area with hours of operation between 6:00 a.m. and 11:00 p.m. A specialty store offers a combination of foods and beverages for off -site use or consumption and provides for alcoholic beverage sales that are incidental to the primary use. No more than 10% of the total merchandise area of the retail floor may be devoted to display or sale of alcoholic beverages and only non - refrigerated alcoholic beverages may be offered. A specialty store must comply with the operational standards of section 13-200.72. Specific plan. A plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and the provisions of State Government Code section 65450 et seq. State. State of California. Story. For purposes related to zoning regulations, a story is that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall constitute a story. An attic shall not be considered a story. A basement or cellar shall not be considered a story, if the finished floor level directly above the basement or cellar is less than four feet above finish grade at all locations. Any uncovered deck or activity area above the first story shall be considered a story. Streamlined development review. The streamlined processing of a development play} when authority for approval is vested in the planning division. Street. A public or private thoroughfare that provides primary access to adjacent land and local traffic movements. Streets d❑ not include driveways which only provide access to parking areas, Structure. Anything, including a building, located on the ground in a permanent location or attached to something having a permanent location on the ground. Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, as defined in Section 50675.14 of the California Health and Safety Code, and that is linked to on site or off site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. 9UPP0FUVG 3 GUGinn that is provided in 12 Single _familu 4A.eW _ miilti_famihr d'Arelling Units re�>�pAi-lure f—ilitiac _rnr l-.na '� : YGTf�TTffL��G , shall he nerrnitte�+GR tirohibltedthe same rn as the other single fn447 welling multi_ family dwelling i f*s resirle-101 -- a faejlities bea4p,q Q1ac uses uer t�sQede- 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. Trancitinnal hn,icing +ha+ is L Fayided in cinnlo_family dwelling,,�mlti fn , s,liir,n 611148, �en+inl nl.rn far ilitiaS nr bearding house uses, shall be per FRi#edL rnnditienally permitted ar_ prohibited in the Sumo �_r_Gr. R.Rer as the ether single _family dwelling wuiti fa.r.il.r rdi.ir." Trip (vehicle). A one-way vehicular journey either to or from a site, or totally within the site i e. internal trip. Each trip has two trip ends, one at the beginning and the other at the destination. Trip rate (vehicular). The anticipated number of vehicle trips to be generated by a specific land use type or land use classification. The trip rate is expressed as a given number of vehicle trips for a given unit of development Intensity (i.e., trip per unit, trip per 1,000 square feet, etc.). Uncontrolled environment. A location where there is the exposure (to radiofrequency radiation) of individuals who have no knowledge or control of their exposure. The exposures may occur in living quarters or work places where there are no expectations that the exposure levels may exceed the exposure and induced current levels permitted for the general public. Underroof All of the area within the walls of the building that a roof covers. Areas under porches, roof overhangs, garage protrusions, breezeways and other similar architectural design features are not considered as underroof. Unit. A particular building or structure, or portion thereof, that is designed, intended or used for exclusive occupancy, possession or control of individual owners or 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. a Vape lounge. See Smoking lounge. Vape shop. See Smokinglvaping retailer. Variance. A discretionary entitlement, usually granted by the planning commission, which permits departure from the strict application of the development standards contained in this Zoning Code, based on specified findings. Yard. Any open space on a lot unoccupied and unobstructed from the ground upward, except an inside court. Yard, front The yard between the front line of a building and the front line of the lot upon which the building is located. Yard, rear. The yard extending from the extreme rear line of the main building to the rear lot line on which the building is situated. Yard, side. The yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard or rear lot line, between the side lot line and the nearest wall of the main building or any accessory structure attached thereto. Zero lot line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord. No. 00-5, § 1(a), 3-20-00; ❑rd. No. 01-16, § 1 a., 6-18-01; Ord. No. 05-11, § 2a., 7-19-05; Ord. No. 06-18, § 1, 9-5-06; Ord. No. 09-3, §§ 1 a., b., 5-19-09; Ord. No. 09-4, § 1 a., 5-5-09; Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-1Q 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; ❑rd. 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) 14 ATTACHMENT 7 EXHIBIT B Article 3 Review Authorities § 13-7. Purpose. The purpose of this article is to establish the project review authority of the city council, the redevelopment agency, the planning commission, the zoning administrator and the planning division. (Ord. No. 97-11, § 2, 5-5-97) § 13-8 City council. The city council shall have final decision authority for appeals, final maps, specific plans, master plans in the town center and planned development districts, rezones, general plan amendments, density bonuses with financial incentives, Zoning Code amendments, improvement and development agreements, annexations and any action specified in this Zoning Code. The city council shall also be responsible for the acceptance of lands and/or improvements as may be proposed for dedication to the city, except deeds of dedication and parcel maps of four or fewer lots with no development agreements. The city council may impose conditions of approval. (Ord. No. 97-11, § 2, 5-5-97) § 13-9 Redevelopment agency. (a) Declaration of need of agency. It is hereby found and declared, pursuant to State Health and Safety Code section 33101, that there is a need for a redevelopment agency in the city, as such agency was created by section 33100, to function in the city, and the agency is hereby authorized to transact business and exercise all of the powers granted to it under the Community Redeve#opment Law. (b) Council declared agency. The five members of the city council are hereby declared to be the members of the redevelopment agency and are empowered to exercise all the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in an agency. (c) Term of agency members. Membership shall be for the period each councilmember serves in office, and shall automatically terminate at the time any councilmember no longer holds the office of councilmember. Any vacancy existing an the redevelopment agency small be filled only by a duly elected sworn and acting city councilmember. (Ord. No. 97-11, § 2, 5-5-97) § 13-10 Planning commission. {a) Commission. Pursuant to the provisions of section 55101 of the Planning and Zoning Law of the California Government Code, there is hereby created a planning commission, which shall consist of seven members. (b) Appointment and removal of commissioners. Each council member elected by district shall nominate a planning commission member, subject to approval by a majority vote of the entire city council. The mayor shall nominate a planning commission member, subject to approval by a majority vote of the entire city council. Planning commission members serve at the pleasure of the city council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire city council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy. (c) Residency. Each member of the planning commission must be a resident of the City of Costa Mesa at the time the member is nominated and appointed. If any member of the planning commission ceases to be a resident of the city that member's appointment will automatically terminate. The secretary of the planning commission shall immediately inform the city council of any such termination. (d) Term. The term of each planning commission member shall expire on the date on which the second regular meeting in January is held immediately following expiration of the term of the council member or mayor who appointed that member, or until he or she is reappointed or replaced. (e) Ex-officio member of commission. The director of development services and city attorney or designee shall attend the meetings of the planning commission and assist the commission in an advisory capacity as needed. (f) Absence from commission meetings without cause. If a planning commission member is absent from three consecutive regular meetings of the commission, without cause, the office of the member shall be deemed to be vacant and the term of such member terminated. The secretary of the planning commission shall immediately inform the city council of such termination. (g) Absence from commission meetings for cause. An absence due to illness or an unavoidable absence from the city and written notice thereof given to the secretary of the planning commission on or before the day of any regular meeting of the commission shall be deemed absence for cause. (h) Councilmember ineligibility. No member of the city council shall be eligible for membership on the planning commission. (i) Authority of the planning commission. (1) The planning commission shall have the power, except as otherwise provided by law, to act on plans for the regulation of the future growth, development and beautification of the city, in respect to: a. Public and private buildings and works, streets, parks, grounds and vacant lots. b. The future growth and development of the city in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities. c. The location of any proposed buildings, structures, or works. (2) The planning commission is authorized to act upon the following discretionary actions. a. Recommend to the city council approval, conditional approval or denial of general plan amendments, specific plans, rezones, Zoning Code amendments, development agreements, density bonuses with public financial incentives, preliminary and final master plans, and any other action specified in this Zoning Code. b. Recommend to the successor agency to the former redevelopment agency approval, conditional approval or denial of redevelopment actions, or adoption and/or amendments to a redevelopment plan. 2 c. Approve, conditionally approve or deny applications for conditional use permits, variances, tentative tract and parcel maps, density bonuses without public financial incentives, and any other action specified in this Zoning Code, d. Perform other duties necessary to carry out the provisions reserved to the planning commission in Title 10 of the Municipal Code, the provisions of this Zoning Code and the provisions of the Planning, Zoning and Development Law of the State Government Code. 07 Commission bylaws authorized. The planning commission shall have the power, except as otherwise provided by law, to adopt such bylaws as it may deem necessary to provide for: (1) The time and place of meeting. (2) The time and method of electing officers. (3) Such other matters relative to the organization of the planning commission and methods of administration of its duties which are not otherwise provided for by statute or ordinance. (k) Regular meeting of commission defined. A regular meeting as provided by law or by rule of the planning commission or any regularly advertised public hearing shall be deemed a regular meeting. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-12, § 1, 3-5-01; Ord, No. 02-4, § la, 3-18-02; Ord. No. 03-2, § 3, 3-3-03; Ord. No. 04-17, § 3, 1-3-05; Ord. No. 19-05, § 1, 4-2-19; Ord. No. 21-14, § 1, 8-3-21) § 13-11 Zoning administrator, (a) The development services director or designee is authorized to act as the zoning administrator according to procedures set forth in the State Government Code. (b) The zoning administrator is authorized to approve, conditionally approve, or deny the following discretionary planning applications. The zoning administrator may forward any action to the planning commission for review. l+ (1) Major modification wr�iatrattye �tt; (2) Minor conditional use permit; (3) Lot line adjustment; (4) Wireless telecommunications use permit (see section 19-15); and (5) Any action specified in this Zoning Code. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20) § 13-12-Planning division. The development services director or designees constitute the planning division. The planning division is authorized to act on and grant approvals of development reviews and minor modifications as described in Chapter III, Planning Applications, Wireless Telecommunications Use Permit (see section 19-15), and other duties as designated by the development services director, planning commission, city council and this Zoning Code. (Ord. No. 97-11, § 2, 5-5-97; Ord, No. 20-03, § 2, 3-3-20) CHAPTER III PLANNING APPLICATIONS § 13-27. Purpose. ATTACHMENT 7 EXHIBIT C The purpose of this chapter is to establish the parameters for the numerous types of discretionary planning applications and to identify processing procedures. (Ord. No. 97-11, § 2, 5-5-97) § 13-28. Types. (a) Modification. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13- 28(a). TABLE 13-28(a) ADM_1 fISTFWT4Vt=-AWUSTWNTaMAJ0R MODIFICATIONS Standard Deviation Range f Decrease in required front yard depth; provided that in More than 20% but no more than 40% residential zones, the garage is set back a minimum of 19 feet from the front property line. More than 20% but no more than 40% Decrease in required rear yard depth. Decrease in required side yard width. More than 20% but no more than 40% Increase in maximum fence/well height. More than 33 113 % but no more than 50% Increase in depth of permitted projections into required More than 20% but no more than 40% yards. Deviation in sign area, height, setbacks, separation and More than 10% but no more than 20% other sign specifications Decrease in required distance between main structures More than 20% but no more than 40% Decrease in required distance between accessory and More than 20°/o but no more than 40% main structures (b) Conditional use permit. Any use specified in this Zoning Code as requiring a conditional use permit, t 17 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. (-Ji Developnient review, streamlined. The Fo€lowinQ shall be subject to streamlined d development review, if the project corni)lies with applicable development standards in this ZoningCod e and meets one ❑f th_e FoIlowing conditions D4s­igP-r­e­view-A+-+y seRGVY Stienth at< F-�-,60RSfa6i1 Fh%e OF RIGre d�•. er i Rq H ili eleppRent lnl IR L4ns1 rncideditial ZGna r Pr}ned e 6ul4jel# tr decign FSV!E!W- Li Residential construction of one story in the R'I • R2-MD_ R2-HD, and R3 zones. t' i _Residential uses Permitted by ric�lit in tb+sthe Zoning Code ar7d �ualiFying. for ministerial approval as a 'use bV right' consistent with Statethe applicable provisions of the Government Code. () Additions to existing buildings in the AP. CL. C 9 . C2. C t -S. MG. or MP zones that comply with the applicable development standards in this Zoning Code and do not exceed 2,000 square feet or 501% of the existing building area. whichever is less, shall be subs to streamlined development review. (e) Development review. The following shall be subject to development review: 1 } ��er-�Lesidential construction of two or more stories. In the R2 MP R2_k!ID. @1401 R,3 aGnesainy zone, aY�-��^ residential construction of two ar more stories on a lot where there are two or seGGiirl_stor y a4"GR G, @ URIts that complies with the applicable development standards in this Zoninq Code and the foillicolillnCQ Citywide Residential and IVlixed-Use ❑bjectiye Des ign Standards aitiz Fasi ir;ta- design by city council. Until such objective standards are adopted._proiects shall be subject only to the objective development standards In this Zonlnci Code. (2) Construction of new buildings or additions to existing buildings in the AP, CL, C1, C2, C9-5, MG, or MP zones. that comply with the applicable development standards ir) this ZomnQ Code and exceed 2.000 saaare feet or 50% of the e_xr_stincl building area.- iaweva;A4u44i-a9-adaifi9de�y eX eEKA , QQ- cnnrc_of thenvictiiln b,,I /inn �rec.a ini}�inh auor it laces+ nnri n' »nn_Lit - vi-be *c'r�ii,oc }� ricv �-lnn�•r-ieRt �lery�E�Sk }}k?Ek to c� /wed deyelnnn�� +ew—and, (3) Any other use specified in this Zoning Code as requiring development review. (t) 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 (Cl-S), ;I��e�i-u F�o-ver - , and all types of institutional and recreational (I&R, I&R-S, and I&R-MLT) zoning districts, a master plan is required. Preliminary master plans are required in the TC and I&R-MLT zone, are optional in P❑ 2 aad-MJJ-zones, and are not required in C1-5, I&R-5, and I&R zones. [ l } Minor changes. Minor changes in the location, siting ❑r 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. N❑ 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 ❑r 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; A reduction of required off-street parking; I', A detrimental alteration to the pedestrian, vehicular and bicycle circulation and utility networks; 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 i1 ji., 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, CI-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, i$G`tiflis'�M3?-I��terT��.lirr-c}•l--Z-`u---t�±--EICte-F�- 4& -948 TT} appliG&tIgR F'., r ran. by rity Ge innii of a p bkG meetinn 4a- E]t49F G04U A�PhgaOGR Ft�d{�en t may `�iSillr f � �c�n �3F �J�� 1 }RW-64t a �nri Tmen-rc rcrSi*h�so@`v�C�kleQ4- 4-61,-41e- PU PGSe 0 -t1� e'eniRg aPPlmGatiG)n 4 —G ve Gity Gounnil nO FRFRe ,'G ran thy. MERAr nnr! aPPF0nrint R1;eSS G1f-tlip© nrannPe ed-t#o++ �s�r -�Crt} .!S-�ozr �;sGr-Gnonei�r t,gkell by 64Y 90040 _ ]. hi' clihmettal FequTE?R!ePfcr tS for t7-t+eci�Z�--r1����7. �a-sA adr. T e o t� �' c �, r im n � n �y)p�♦tni i i��Tn, rl t G}��'re r rr_ PGl Gt fnr n eGeSSing Shall not Set nronarian+ fn� � t_Gf the maste, plat, �h) Minor conditional use permit. Any use or deviation from development standards specified in this Zoning Code as requiring a minor conditional use permit- 4 { m?E;F ", P--r444914? The fnl!GWIF!g Shall be tG !:P G4 !! I SP)Fy Fes dential rnils4urr-41r.n dge,;-Rq 6aimn eith ap!�' FeSidantial desknr. PY111A-nli-ac_orlor,ledthe _64�iG@w4e 1 n 019 fellowinn zolles 7 H..1 � O - �} ❑nt� - eyi bu;fF -.^ lards speGiFied in. this Zoning QGde as }I �f Minor modification. Any deviation from an adopted development standard in this Zoning Code that meets the criteria listed in Table 13-2fti)-4� , TABLE 13-28(ji)t4) MINOR MODIFICATION Standard Deviation Range Decrease in required front yard depth; provided that in residential zones, the garage is set hack a minimum of 19 feet from the front property line 20% or less Decrease in required rear yard depth 20% or less Decrease in required side yard width 20% or less Increase in maximum fence/wall height 33 113 % or less Decrease in five-foot setback on street side for fences/walls in excess of 35 inches on corner lots in multi -family residential zones 100% or less Increase in depth of permitted projections into required yards 20% or less Decrease in minimum driveway width for two or more dwelling units to not less than 10 feet Deviation in sign area, height, setbacks, separation and other sign specifications 10% or less Decrease in required distance between main structures 20% or less Decrease in required distance between accessory and main structures 20% or less Decrease in minimum width and length of garage dimensions 5% or less (2) Minor building additions that encroach into required setbacks no further than the existing main structure, excicrcling 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. (; ) Any deviation from development standards specified in this Zoning Code as requiring a minor modification. r.. Mobile home park conversion. Any conversion of an existing mobile home park Yto any other use permitted or conditionally permitted in the applicable zoning district. �4LIO _Planned signing program. A voluntary, ❑ptionaI alternative to the general sign regulations, except in the CI-S zone where it is required. of i I Reasonable accommodation. As defined in section 13-200.62 H+�t , -_-(Reserved) !t44( II) Rezone. Any proposed change to the official zoning map. 4 +f(o j Special use permit. Refer to Chapter XV of the Zoning Code. Kt4 i?) _ _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. 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. + .iR Variance. Any deviation from a development standard in this Zoning Code that is not specified as a minor modification or �c4 tit! adjL�--"entniap- wodifv abrin, or a deviation that is not allowed by approval of conditional use permit, minor conditional use permit, or specific plan conformity procedure. 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. rt-H f 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, 11-15-99; Ord. No. 01-10, §§ 1a., 1b., 3-5-0 1; Ord. No. 01-16, § 1b., 6-18-01; ❑rd. No. 02-4, § 1m, 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, § 1 b., 2-7-05; Ord. No. 05-2, § 1 a.—c., 2-22-05; ❑rd. No. 06-9, § 1 b., 4-18-06; Ord. No. 07-171 § 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) § 13-29. Planning application review process. (a) Application. I y Application for any planning application shall be made to the planning division on the forms provided. Plans and information reasonably needed to analyze the application may be required. A list of required plans and information shall be available from the planning division. (2) All applications shall be signed by the record owner of the real property to be affected. This requirement may be waived upon presentation of evidence substantiating the right of another person to file the application. (b) Fees. The application shall be accompanied by all applicable processing fees as established by resolution of the city council, (c) Public hearing. Upon receipt of a complete application for a planning application, the planning division shall fix a time and place of the public hearing if one is required pursuant to Table 13-29(c). For planning applications which require review by both the planning commission and city council-aF4ade+w4$pient age;}cy, pursuant to Table 13- 29(c), the final review authority shall hold a public hearing no more than 45 days from the receipt of the planning commission's recommendation. 7 TABLE 93-29(c) PLANNING APPLICATION REVIEW PROCESS Planning Applications Public Public Recommending Final Review Notice of Notice Hearing Authority Authority Decision Re wired Re uired Strearniined Development Nr — Na — Noce Planning Division No — Ae % ,ietiv Deveiapment Review No No None Planning Division No Minor Modification Reasonable Accommodation No No None Planning Division No Lot Line Adjustment No No None Planning Division No Special Use Permit Yes Yes None Planning Division No Adr�u�+stratw A-I+� t,=ut Ma}�r Yes No None Zoning Yes Modification Administrator Minor Conditional Use Permit Planned SIgning Program i3: s+v r Yes Yes Planning Division Planning Yes Mobile Home Paris Conversion Commission Common Interest Development Conversion {Residential or Nonresidentialy Specific Plan Conformity Review Tentative Parcel Map Tentative Tract Map Variance Conditional Use Permit Yes Yes _ Planning Division Planning Yes Density Bonus Commission Master Plan Master Plan —Preliminary [excepted where noted otherwise inthis zoning code 1 _ JE :3.!Oprra._,--Rt-,-,zl�� zQR-r- r�mFI�+S£-!BH Rezone Yes Yes Planning City Council No Commission -r .Rd- fil4Cat-J4+ r�dc-�c�lap�� Age" Local Register of Historic Places No No Planning City Council Yes Commission or other commisslonl committee as designated by the Ci Council No No Planning Planning No Certificate of Appropriateness Commission or Commission or other commission/ other commissionl committee as committee as designated by the designated by the Crtv Council C Council (d) Public notice. When required pursuant to Table 13-29(c), public notice shall be given as described in the following subsections. Public notices shall contain a general explanation of the proposed planning application and any other information reasonably needed to give adequate notice of the matter to be considered. (1 ) Marled notice required. Notices of the hearing shall be mailed to all property owners and occupants within a 500 foot radius of the project site, except for applications for the construction of a buildings) 150 feet or more in freight which; -shall require a greater notice radius pursuant to Table 13-29(d): TABLE 13.29(d) MAILED NOTICE REQUIRED Building Height in Feet Notice Requirement More than 150 and less than or equal to 225 700-foot radius More than 225 and less than or equal to 300 900-foot radius More than 300 1,100-foot radius The required notice radius shall be measured from the external boundaries of the property described in the application. The notice shall be mailed no less than 10 days prior to the hearing or determination on the application. The planning division shall require mailing labels from the project applicant for this purpose. The mailing labels shall reflect the last known name and address of owner(s) as shown on the last equalized county assessment roll or by a more current listing. (2) On -site posting required. Additional notice shall be provided by posting a notice on each street frontage of the project site, no less than 10 days prior to the date set for the hearing or determination on the application. (3) Newspaper publication. When a public hearing is required, notice shall also be published once in the city in a newspaper of general circulation, no less than 10 days prior to the date set for the public hearing. (e) Review criteria. Review criteria for all planning applications shall consist of the following: [ I ) Compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. (2) Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include 'functional aspects of the site development such as automobile and pedestrian circulation. (3) Compliance with any performance standards as prescribed elsewhere in this Zoning Code. (4) Consistency with the general plan and any applicable specific plan- 9 (5) The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. (6) When more than one planning application is proposed for a single development, the cumulative effect of all the planning applications shall be considered. (7) For residential developments, consistency with any applicable design guidelines adopted by city council resolution. (8) For affordable multi -family housing developments which include a minimum of 16 affordable dwelling units at no less than 20 dwelling units per acre, the maximum density standards of the general plan shall be applied, and the maximum density shall be permitted by right and not subject to discretionary review during the design review or master plan application process. (0 Conditions. The final review authority pursuant to Table 13-29(c), may impose reasonable conditions to assure compliance with the applicable provisions of this Zoning Code, and to assure compatibility with surrounding properties and uses and to protect the public health, safety and general welfare. The final review authority may also require such written guarantees, cash deposits, recorded land use restrictions, etc., as may be necessary to assure compliance with the conditions. (g) Findings. When granting an application for any of the planning applications specified below, the final review authority shall find that the evidence presented in the administrative record substantially meets any required conditions listed below. Other findings may also be required pursuant to other provisions of this Zoning Code. (1) Ar=11 +v Ifr+st ATaior rnci fi�aitvFis and variance findings: a. Because of special circumstances applicable to the property, the strict application of development standards deprives such property of privileges enjoyed by others in the vicinity under identical zoning classifications. b. The deviation granted shall be subject to such conditions as will assure that the deviation authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. The granting of the deviation will not allow a use, density, or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. (2) Conditional use permit and minor conditional use permit findings: a. The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area 10 b. Granting the conditional use permit or minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. C. Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. (3 ) Density bonus and concession or incentive findings: a. The request is consistent with State Government Code section 65915 et. seq. regarding density bonuses and other incentives, the general plan, any applicable specific plan, and Chapter IX special regulations, Article 4 density bonuses and other incentives. b. The requested density bonus and incentive or concession constitute the minimum amount necessary to provide housing at the target rents or sale prices and/or a child care facility. The granting of the incentive or concession is required in order to provide for affordable housing costs, as defined in Health and Safety Code section 50052.5 or for rents for the targeted units. d. The granting of the incentive or concession and/orthe waiver or reduction of development standards does not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code section 65589.5 upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The granting of the incentive or concession and/or the waiver or reduction of development standards does not have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) Lot line adjustment findings: The lot line adjustment and improvements are consistent with the general plan, any applicable specific plan and this Zoning Code. (5) Master plan findings; a. The master plan meets the broader goals of the general plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. .k_ Master Plan linrlinn�- Fnr mixed Use ,-I�ii -- �eG� in tiro rr.i K.r C.rl �-'Sez. f-Fr��1Ta P to r�Tt-}Gl err 11 MI Ke d_i se nirarl rlic �p,O.i ,iaYc t-�v-a*Tal da 4m W ill "R- RiIY 111 i.'cian mf}@WeA rnrn1nninriyl.acYYi7hharanrmm� O��^n and Fayides affr);Aablte hnsin-g W - — 'e,arri� �[^einwl - aer Hr ='c nlefined by rnO L 6pa,FIWAJU C4 H 1 iridin and QGMPAuqity l P_'.' tIG4PmeFr-lhe. PF0iar_tinGIUdeS IGRg tePnl aFfnrriah�iita�_ rnYeRarAs in rOmnlIaRGe With . Stale IaW (6) Minor modification findings: The improvement will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity. This includes the site planning, land coverage; landscaping, appearance, scale of structures, open space and any other applicable features relative to a compatible and attractive development. (7} Mobile home park conversion findings: The impacts of the conversion on the residents of the mobile home park have been duly considered as required by the State Government Code. h. The proposed conversion project is consistent with the general plan, any applicable specific plan and this Zoning Code. ( 8) Planned signing program findings: The proposed signing is consistent with the intent of Chapter VIII, Signs, and the General Plan. b. The proposed signs are Consistent with each other in design and construction taking into account sign style and shape, materials, letter style, colors and illumination. The proposed signs are compatible with the buildings and developments they identify taking into account materials, colors and design motif. Approval does not constitute a grant of special privilege or allow substantially greater overall visibility than the standard sign provisions would allow. (9) Reasonable Accommodation findings Refer to Chapter IX, Article 15. ( 10) Common interest development conversion findings: The applicant has submitted an adequate and legally binding plan which addresses the displacement of long-term residents, particularly senior citizens and low- and moderate -income families and families with school -age children; and I b. The proposed common interest development conversion project conforms to adopted general plan policies and any applicable specific plan or urban plan, and if applicable, increases the supply of lower cost housing m the city and/or that the proposed conversion project fulfills other stated public goals. C. The establishment, maintenance, or operation of the project will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the surrounding neighborhood, nor will the project be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city. d. The overall design and physical condition of the common interest development conversion project achieves a high standard of appearance, quality, and safety. The proposed common interest development conversion project conforms to the Costa Mesa Zoning Code requirements. For a proposed common interest development conversion project that does not conform to the zoning code requirements, the project due to its proportions and scale, design elements, and relationship to the surrounding neighborhood, is of continued value to the community and it contributes to defining and improving the community as a whole. Deviations from zoning code requirements are acceptable because it would be impracticable or physically impossible without compromising the integrity of the overall project to implement features that could result in conformance with current code requirements. g. For a proposed common interest development conversion project located in an urban plan area, the proposed conversion is consistent with the applicable mixed -use overlay zoning district. Specifically, the proposed non-residential conversion project supports a mixed -use development or a similar land use that is not allowed in the base zoning district, or the proposed conversion project is a residential common interest development that is permitted by either the base or overlay zoning district. l l ) Rezone findings: The proposed rezone is consistent with the Zoning Code and the general plan and any applicable specific plan. ( l?) Specific plan conformity review findings: Refer to the applicable specific plan text. ( 13) Tentative parcel or tract map findings: a. The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and this Zoning Code. b. The proposed use of the subdivision is compatible with the general plan. 13 The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and general plan, and consideration of appropriate environmental information. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code section 66473.1. e, The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights -of way and/or easements within the tract. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13666). 4-�) f7.r.c n F90ew and minor rinsgn ;-& ie�+R l R The pPG1E?G! c;ompl es with the City of C,06ta Mesa Z-9RtRq COdC- and Meetg tile PHrPOSe eXGel!nnraip newTB6&11tial nnnctr e ryldeMti 9ti hoi 9 gver-tG- #y sari#h #ho er!^.hl ed r 1 i;tel mHunity This design Veview innlUhint site planningproseptattnn zK91l p G eR Sace, F@RGa FR@SE; �, a ' lGt ies G ,II @ti�mDR Gf 1+4d i'-''Fr' �ra``r' veY mc•. and roof plane ar�atl�e�-app4i��il���s+�eat�r� 1:w. ,,��,,,...}},e.��yyi sual '~ nenr-e Ca SSOGiatE?rl W4t; #�-Glic#ri !Gtin n. n� o hA1n_c.�vni h � CtYd440H 'vr R a PFeda Gtgl:� kleigbPJFIIGGd ham beeH Fe GI ilGed lhre gp, Bi t#ter itir�v�h�iIF c#1F-69�iLC�9{ ti�L �JF911I&}E�C1F7f flnnr nffGets to aVG))�ri iminr4ejje ed #in_c#nnr n�llc v�r��rcrr�rr.T tie-PFG1eGt GBH-7}34G&- w4-h4h a ma VA 9PS1 ty St RdiiK°- a;JowW P UrS uaR t tO tte-g• e4484:"a11 and- pfGAu ler - rl� e ho iris„g to low n.yen/_19W innmme hni SelIGId-3 •mac de FiRed by e tl;e G--4 4-F-A4 08n@f4FR.nn#.af.Y-1GHE;En9 @ rid CQP44-IRf f���9PFReF Tlrt ' �-1— longitem nFf hi#.i GCWe44---Rn+r in nmmPlianGe'N� cFn#, W. (h) Decision. ( I ) After the public hearing, if required, the final review authority may approve, conditionally approve or deny any application far the planning application based upon the standards and intent set forth in the applicable provisions of this Zoning Code. In the case of a denial, the applicant shall be notified of the circumstances of the denial. 14 (2) For planning applications which require the planning commission to make a recommendation to the final review authority, the authority shall not approve any major change or additions in any proposed planning application until the proposed change or addition has been referred to the planning commission for a report, unless the change or addition was previously considered by the planning commission. It shall not be necessary for the planning commission to hold a public hearing to review the referral. Failure of the planning commission to report to the final review authority within 40 days after the referral shall be deemed approval of the proposed change or addition. (i) Notice of decision. ( l) Notice of the zoning administrator's decision shall be given within five days of the decision to the city council, planning commission and to any affected party requesting the notice. Any member of the planning commission or city council may request review of a zoning administrator's decision within seven days of the notice of the decision. No fee shall be charged for such review. (2) Notice of the planning commission's 4;4-,4eshall be given within five days to the city council and to any affected party requesting the notice. Any member of the city council may request review of the decision within seven days of the notice of the decision. No fee shall be charged for such review. [j} Appeals. Appeals of the final review authority shall be filed within seven days of the public hearing or the date of the notice of decision according to the procedures set forth in Title 2, Chapter IX, Appeal, Rehearing and Review Procedure. (k) Time limits and extensions. (1) Planning applications shall run with the land until revoked, except as provided in this section or in a condition imposed at the time of granting the planning application. (2) a. Unless otherwise specified by condition of approval, any permit or approval not exercised within 24 months from the actual date of review authority .approval shall expire and become void, unless an extension of time is approved in compliance with paragraph (4) of this subsection; b. The permit shall not be deemed "exercised" until at least one of the following has first occurred: A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the building official. A certificate of occupancy has been issued. The use is established and a business license has been issued. 4. A time extension has been granted in compliance with paragraph (3) 15 of this subsection. (3) The time limits specified in paragraph �2) of this subsection shall not apply to preliminary master plans, except that the first phase of the final master plan must be approved within 24 months of the approved preliminary master plan. Time limits regarding the construction of improvements authorized by the approved final master plan for each phase of the project shall comply with the time limits established in paragraph (2). (4) Extension of time. a. Filing and review of request. No less than 30 days or more than 60 days before the expiration date of the permit, the applicant shall file a written request for an extension of time with the department, together with the filing fee established by resolution of the city council. For extension requests not to exceed 180 days; The director of development services may extend the time for an approved permit or approval to be exercised. Only one request for an extension of 180 days may be approved by the director. Any subsequent extension requests shall be considered by the original approvaf authority. For extensions requests of more than 180 days: The review authority for the original project shall consider the request to extend the time for an approved permit or approval to be exercised. A public hearing shall only be held if it was required on the original application. If notice was required for the original application, notice of the public hearing shall be given according to the procedures set forth in this chapter. (5) Fees for extensions of time for planning applications may be established by resolution of the city council. (6) Action on extension request. A permit or approval may be extended beyond the expiration of the original approval provided the director or the review authority finds that there have been no changes in the conditions or circumstances of the site, such as Zoning Code or General Plan amendment or other local and statewide regulations affecting the approved development standards, or project s❑ that there would have been ground for denial of the original project or any changes to the General Plan and/or Zoning Code that would preclude approval of the same project at the time of the requested extension. (7) Effect of expiration. After the expiration of the permit or approval, no further work shall be done on the site and no further use of the site shall occur until a new permit or approval, or other city permits or approvals are first obtained. Fees for extensions of time for planning applications may be established by resolution of the city council. ( I) Building permitslauthority to proceed. No building permit or authority to proceed shall be granted until all required review and approval has been obtained and all 16 applicable appeal periods have expired. On) Compliance. Final occupancy shall not be granted unless the site development conforms to the approved set of building plans, applicable conditions of approval and code requirements. (n) Reapplication. Upon final denial of any planning application, a new application for substantially the same planning application may not be filed within six months of the date of the denial. The development services director shall determine whether the new application is for a planning application which is substantially the same as a previously denied application. No decision of the development services director shall be effective until a period of seven clays has elapsed following the written notice of a decision; an appeal of the decision shall be filed according to the procedures set forth in Title 2, Chapter IX, Appeal, Rehearing and Review Procedure. (o) Enforcement authority. (l) The planning commission may require the modification or revocation of any planning app3ication and/or pursue other legal remedies as may be deemed appropriate by the city attorney, if the planning commission finds that the use as operated or maintained: a. Constitutes a public nuisance as defined in State Civil Code Sections 3479 and 3480; or b. Does not comply with the conditions of approval. (2) The modification or revocation of any permit by the planning commission under this subsection shall comply with the notice and public hearing requirements set forth in subsections (c) and (d). The development services director may require notice for a development review or minor modification, if deemed appropriate. (p) Amendment to a planning application. Any approved planning application may be amended by following the same procedure and fee schedule as required for the initial approval, with the exception of the following two instances: ( 1) Minor amendments to conditional use permits shall be processed as minor conditional use permits, and (2) Amendments to master plans which comply with section 13-28(f)(1) may be authorized by the planning division- (q) Concurrent processing. Unless otherwise stated in this Zoning Code, applications for proposed projects which require two or more planning application approvals may be processed concurrently. Final project approval small not be granted until all necessary approvals have been obtained. (0rd. No. 97-11, § 2, 5-5-97; 0rd. No. 98-5, § 5-7, 3-2-98; Ord . No. 99-17, § 4, 11-15-99; Ord. No. 01-11, § 1a., 3-5-01; Ord. No. 01-16, §§ 1c.—e., 6-18-01; Ord. No. 17 03-8, § 3, 9-2-03; Ord. No. 05-2, § 1d., e., 2-22-05; Ord. No. 06-7, § la., 4-18-06; Ord. No. 06-9, § 1c., 4-18-06; Ord. No. 07-17, § 1c., d., 10-2-07; Ord. No. 09-13, § 1, 11-17-09; Ord. No. 17-12, § 1, 9-19-17; Ord. No. 18-06, § 1, 9-4-18; Ord. No. 21-20, § 1, 12-7-21) v ATTACHMENT 7 EXHIBIT D CHAPTER IV CITYWIDE LAND USE MATRIX § 13-30. Purpose. The purpose of this chapter is to provide a comprehensive list of uses which are permitted, conditionally permitted, or prohibited in the various zoning districts, as represented by Table 13-30, Land Use Matrix. In evaluating a proposed use, the following criteria shall also be considered- toy Uses determined as permitted may be subject to a discretionary review when construction is proposed, pursuant to Chapter III, Planning Applications. [h) 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. te) For the purpose of Table 13-30, Land Use Matrix, the various zoning districts are labeled as follows: Residential zones R1, R2-MD, R2-HD, and R3 Commercial zones: AP, CL, C1, C2, Cl-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 (I) 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. 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Mixed -Use Overlay District (MUOD) 13-83.50. Purpose 13-83.51. Definitions 13-83.52. Mixed -use development types 13-83.53. Application review procedures in mixed -use overlay district 13-83.54. Mixed -use development standards 13-83.55. Mixed -use compatibility standards 13-83.56. Phase mixed -use developments 13-83.57. Harbor Mixed -Use Overlay 13-83.58. Properties identified in Housing Element (a) Purpose. (1) The purpose of this Section is to implement the City's currently adopted Housing Element by establishin zoning rovisions for sites identified in the Housing Element Sites Inventory to accommodate the City's lower-, moderate-, and above -moderate -income Re Tonal Housing Needs Allocation RHNA consistent with Government Code sections 65583 and 65583.2, Subsections (c), (h)and (i). (b) Applicability. (1) The provisions of this Section shall apply to all sites identified in the City's currently adopted Housinq Element Sites Inventory to accommodate the City's RHNA, shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA or any future adopted Housin Element Sites Inventory to accommodate the City's RHNA. (2) Previously Identified Sites. The provisions of this Section shall also apply to any non -vacant Housina Element Site that was identified in a prior Housing Element and any vacant Housing Element Site that was identified in two or more consecutive prior Housing Elements, consistent with Government Code Section 65583.2 Subsection (c). Such sites shall be subject to the minimum density and by -right approval standards established in this Section_. Such sites are identified in the City's currently adopted Housing Element Sites Inventory, shown as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA or any future adopted Housing Element Sites Inventory to accommodate the City's RHNA. (3) Exception. The provisions of this Section shall not apply to residential projects or mixed -use projects having residential units located within the boundaries of the Fairview Developmental Center Specific Plan, (c) Severability and State Law Consistency. (1) This Section is intended to be consistent with, and shall be interpreted and applied to comply with, all applicable requirements of State housing law, including Government Code Sections 65915(c)(3), 65583 and 65583.2 as those provisions may be amended from time to time, and any successor statutes_If any Drovision of this Section conflicts with State law. the applicable State law shall control (2) If any provision of this Section, or its application to any person or circumstance, is held invalid or unenforceable by a court of_comp etent Lurisdiction such invalidity or unenforceabiiity shall not affect other provisions OF applications of this Section that can be -given effect without the invalid provision or application. The City Council declares that it would have adopted this Section and each provision, section, sentence, clause, and phrase thereof, irrespective of the fact that any one or more provisions may be declared invalid or unenforceable- (d) Definitions (1) "Housing Element Site" means any site identified in the currently adopted Housing Element Sites Inventory to accommodate the City's (RHNA), shown in the H o u si n-q Element as Table B-6. Sites to Accommodate Costa Mesa 2021- 2029 RHNA. (2) "Lower -Income Household" has the same meaning as defined in Health and Safety Code Section 50079.5. (3) "Lower -Income Housing Element Site" means any Housing Element Site identified in the currently adopted Housing Element that accommodates any portion of the City's lower -income RHNA and subject to the requirements of Government Cade Section 65583.2 (h) and Mr shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA. (4) "Use by Right" has the same meaning as in Government Code Section 65583.2 Subsection (i) and requires ministerial approval for multifamily housing developments in which at least 20 percent of the total number of units are affordable to lower -income households. "Use by Right" means that the review of an owner -occupied or renter -occupied multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (5) "Prior Housing Element Site" means any non -vacant Housing Element Site that was identified in the prior Housinq Element and any vacant Housinq Element Site that was identified in two or more consecutive prior Housing Elements. Such sites are identified in the City's currently adopted Housinq Element Sites shown as Table B-6: Sites to Accommodate Costa Mesa 2021-2629 R H NA. (6) "Protected Unit" means any unit that, within the past five years, was occupied b_y_a_lower-income household regardless of whether the unit was deed -restricted or or that was subiect to an affordability covenant or rent control. (e) Supersession of Overlay (1) For Lower -Income Housing Element Sites. L Supersession of Other Zoning Provisions. Projects on Lower -Income_ Housinq Element Sites shall be governed by this Section, and the provisions in this Section shall supersede and prevail over any conflicting provisions of the under) in base zone including,but not limited to minimum residential floor area, minimum residential capacities and densities unit caps, trip budgets if a licable ministerial review and approval requirements, and permitted uses, and all other applicable zoning provisions, such as other urban plans, overlays, and specific planst and the provisions of this Article that apply to non -Lower -Income Housinq Element sites. Notwithstanding the foregoing, to the extent an applicable Specific Plan allows for more permissive standards or greater heights, projects on Lower -Income Housinq Element Sites may utilize such standards or heights. ii. Ministerial Review and Approval. Projects on Lower -Income Housinq Element Sites shall be a Use by Right pursuant to Subsection (fi(I )]. iii. Minimum Residential Floor Area. Projects on Lower -Income Housing Element Sites shall satisfy the minimum residential floor area requirements established in Subsection (q)(3). iv. Minimum Residential Site Capacity and Denaity._Proiects on Lower - Income Housing Element Sites shall satisfy the minimum residential capacity and density requirements established in Subsection (h)(1)(ii) and h 1 iii . {f} Review and Approvals Procedures (1) Use by Right. A project on a Lower -Income Housing Element Site that -provides at least 26 percent of the total dwelling units affordable to Lower -Income Households shall be processed as a Use by Right, consistent with Government Code Section 65583.2(h) and (i). Such projects shall be subject only to ministerial review to verify compliance with all applicable objective design and (g) development standards in accordance with a Streamlined Development Review process per CMMC Title 13, Chapter III {Planning Applications). A project that does not qualify as a Use by Right shall be processed in accordance with a Development Review process per CMMC Title 13, Chapter III (PIan ning Applications). (2) Subdivision. Any subdivision of a Lower Income Housing Element Site shall comply with all applicable provisions of CMMC Title 13, Chapter XI (Subdivisions) and the Subdivision Map Act. Permitted Uses (1) Multi -Family Dwellings. Multi -family dwellings shall be permitted on all Housing Element Sites subject to the requirements of this Section, (2) Non -Residential Uses. Those non-residential uses permitted in Commercial Zones in accordance with CMMC Title 13, Chapter IV (Citywide Land Use Matrix) shall be permitted as part of mixed -use proiects-on all Housing Element Sites. (3) Mixed -Use on Lower -Income Housing Element Sites. Mixed -use projects shall be permitted on Lower -income Housing Element Sites so long as at least 50 percent of total floor area is provided as residential uses, consistent with Government Code Section 65583.2, Subsection (h)(1)(8). (4) Multi -Family Dwellings on Lower -Income Housing Element Sites. Multi- family dwellings consisting of 100 percent residential uses shall be permitted on Lowey -Income Housing Element Sites, consistent with Government Code Section 65583.2, Subsection (h)(1)(8). (h) Development Standards (1) Density Standards i. Maximum Densities. Maximum residential densities shall be permitted as specified in the HoLising Element Sites Inventory. ii. Minimum Site Capacity for Lower -Income Housing Element Sites. If the identified maximum density of a Lower -Income Housing Element Site does not allow at least 16 dwellinq units on site, then the maximum density identified shall be waived, and the maximum number of dwellinq units permitted shall be 16 dwellinq units on site consistent with Government Cede Section 65583.2 Subsection N. iii. Minimum Densities for Lower -Income Housing Element Sites. A project proposed on a Lower Income Housing, Element Site shall meet a minimum density requirement of 20 units per acre, inclusive of Accessory Dwellinq Units consistent with Government Code Section 65583.2 Subsection (h). 4 (2) Off -Street Parking Standards i. Residential Uses. Minimum off-street parking requirements for multi- tamily dwellings on Housinq Element sites are provided in Table 13- 83.58-A. Minimum Off -Street Parking Requirements. ii. Non -Residential Uses. Minimum off-street parking requirements for those permitted non-residential uses on Housing Element sites shall be subiect to CMM_C_Titl_e 13. Chapter VI (Off -Street Parking Standards). Table 1 3-83.58-A. Off -Street Parkinq Standards for Residential Uses n __ -_ - -- I__�_------ (3) Development Standards i. Minimum and maximum_ requirements for building height, non-residential intensity, setbacks, lot coverage, and open space are provided in Table 1 3-83.58-B. Development Standards. Table 1 3-83.58-B. Development Standards. Min. Residential Max. Residential Max. Building Density' 2ensity2 Height 40 dulac 50 duiac 60 ft. 20 dulac 60 dufac 72 ft. 90 dulac 108 ft. rvicah. i nn 5 Oran applicable Specific Plan. whichever is higher Table 13-83.58-B. Development Standards. Front or side abutting a public street • Industrial use Side or rear abutting bluff crest Min. 10 ft. and max. 20 ft. 20 ft. 10 ft, Section 13-34 [Bluff -Top Development] of Chapter V_ of Title 13 of the Costa Mesa Municipal Code Usable common Total area equivalent to min. 30% of lot Or as provided in an residential open applicable Specific Plan space Min, 100 sq. ft./unit provided on the ground Or as provided in an Usable private floor for dwelling units located on the applicable Specific Plan -- round floor, and min. 50 s . ft./unit open space provided for dwelling units located above the ground floor Publicly Total area equivalent to min. 5% of accessible open commercial gross floor area for space developments with a commercial gross floor area -greater than 100,000 sq- ft. 1 Based on the currently adopted Housing Element Sites Inventory 2 Only applicable to Lower -Income Housino Element Sites and inclusive of Accessory Dwellina Units 3 Minimum setbacks shall apply to all portions of a building or structure. Maximum setbacks along public streets shall only apoly to a buildino or structure's around floor. with exceptions for driveways. walkways. and oven space. (4) Objective Design Standards forthcoming. i. The City intends to prepare and adopt design standards to further guide the physical form and character of development on the rezoned sites. Until such standards are adopted, projects shall be subject only to the 150 obiective development standards contained in this Section. Upon adoption, the objective design standards shall apply to all projects subject to this Section and shall serve as the sole_design criteria for min'sterial review. consistent with Government Code Sections 65583.2 and 65589.5. Replacement of Protected Units {t ) Demolition or Conversion of Protected Units. Any project that involves the demolition or conversion of Protected Units, or that is located on a site where Protected Units were demolished or converted within the previous five years, shall comply with all applicable replacement housing, tenant protection, and right - of -return requirements under State Density Bonus Law, including Government Code Section 65915. Subsection lc113). and anv successor statutes. Article 1 Residential Districts § 13-84. Purpose. ATTACHMENT 7 EXHIBIT F The purpose of this article is to establish parking requirements for the residential zones. The provisions of this article shall apply to the R1, R2-MD, R2-HD and R3 zones, and to the residential portions of the planned development and lnstitutional and Recreational zones. Exception. These parking standards do not apply to nigh -rise residential developments in the North Costa Mesa Specific Plan; see the specific plan for applicable parking rates. (Ord. No. 97-11, § 2, 5-5-97; Ord, No. 07-2, § 1 k., 2-6-07) § 13-85. Parking required. In the residential districts, the following minimum off-street parking spaces shall be provided. The parking spaces shall provide safe and adequate ingress and egress and shall be maintained in connection with the building or structure and use of land. (a) R1 zone and small -lot single-family common interest developments (excluding townhouses). Off-street parking in the form of a garage and open parking shall be provided as follows. TABLE 13-85tAj OFF-STREET PARKING STANDARDS FOR SINGLE-FAMILY DETACHED RESIDENCES IN R1 ZONE AND SMALL -LOT, DETACHED, RESIDENTIAL COMMON INTEREST DEVELOPMENTS Single -Family Detached Residence with 4 Bedroors or Fewer Garage Parking Spaces Open Parking Spaces' Total Parking Spaces Lots without garage access from alley: 2 4 2 Lots with garage access from alley: 1 3 Single -Family Detached Residence with 5 Bedrooms or Morel New Construction Garage Parking Spaces' Open Parking Spaces',' Total Parking Spaces 3 Lots without garage access from alley: 2 5 Lots with garage access from alley; 1 4 q Open Parl n( Cnpinnc 4-2 Total ❑arklpg sp@GE.r Detached Common Interest Developments Up to 2 bedrooms 2 } 3 Detached Common Interest Developments with 3 bedrooms or more 2 2 4 In R1 zones, required open parking may be provided in a garage or on a minimum 19-foot long, individual driveway leading to a garage. In common interest developments, required open parking may be provided on an individual unit's driveway or within the common area. Open parking provided as tandem spaces is subject to approval of a minor conditional use permit. 2 For single-family detached residences with five bedrooms or more, tandem parking of up to two standard vehicles is permitted in the garage as it relates to new construction. Tandem garage parking fc-r single-t,,,,iN dela0hek-i residences shall exclusively consist of two standard parking spaces. { I ) Required garage dimensions. Each garage space shall have interior dimensions that are a minimum 10 feet wide by 20 feet long, unobstructed inside measurements. Each residence shall have no more than 700 square feet of garage area unless authorized by a minor conditional use permit. i ❑nrtIInnWA 9 ak eXIStAg r661 -14A off_sleee1 paa kjRg rer ireme is staie � T'rl'�{�' rfLTLTGTI L+..�FG�! is ip,r'Feased lr4 c the ii. mbeo of _be utoonls 1e ic:rrra c4ri ��cc � j._1 it k r�frela�f��rt��►�-►s-+ed-ta-€w�-�rfla+�-�ti�eor��d+�--a-t�a��e- as defined in ses;i.D,N,-^13 96- s1c i With approval of a minor modification, the planning division may allow the retention of an existing driveway access from a street to satisfy open parking requirements, at such time that garage access is proposed from an abutting alley. (b) R2-MD, R2-HD, R3, PDR-LD, PDR-MD, PDR-HD, PDR-NCM and residential components of developments in the PDC and PDi zones. At the time of the construction of any building and/or when a structure is enlarged or increased by adding a bedroom(s), required parking shall be provided per Table 13-85. Exceptions: (1) For lots that are zoned multiple -family residential and contain only one single-family detached residence, the parking requirements in Table 13-85(a) shall be applied. (2) For individual lots in common -interest developments that contain only one single- family detached residence (excluding townhouses), the parking requirements in Table 13-85(a) shall be applied. (c) Reduction of required parking prohibited. A property owner or property manager shall make available to tenants and guests the parking required by this subsection. No property owner or property manager shall lease, rent, sell, or otherwise make unavailable to residents and guests required parking, Furthermore, the rental of a dwelling unit shaft be deemed to include the exclusive use of at least one covered parking space and equal access to the required open spaces reserved for residents. (d) Parking for accessory dwelling units and junior accessory dwelling units shall be provided per the requirements of section 13-35. TABLE 13-85 RESIDENTIAL PARKING STANDARDS �'c�: GOVERED r*nr MlnW3u{n Off-street �4NI SIZ PARKING Minimum 012i;p_ Guest parking Unit Size Off -Street Parking 42AR*414G_ Re uirement 1 P .34ra *91 Re��ttirerrrent 2 F n❑r C) 4 tl5 0-5 STUDIO OR 1 1 4-0 0.25 BEDROOM 2 BEDROOMS_ 24 4--5 0,'S OR MORE � ❑FQRQQk - Ti Or MORE If covered parking for apartments is provided in a parking structure and there is more than one parking space in any parking structure, then there shall be no solid walls constructed to separate individual parking spaces. 2 e-l-lf open tenant parkin spaces H_ , -il., h,. thi- sec% P g p ���=�Ro�are r�ravided i�7 a r�raject, spay es shall be distributed throughout the project at convenient locations and shall be screened from view from any public right-of-way 3 For projects with individual driveways that are at least 19 feet long and lead to a garage space(s) or a carport spaces), the driveway area may be used for satisfying tenant e t-4-,parking requirements. 4 Qper}-Pparking can be reduced by 0.25 space per unit for z3r+ �tni� bedroom and larger units if,� parking is provided within either a carport or a parking structure. For purposes of this section, a parking structure shall be defined as: a structure designed and constructed to provide covered automobile parking where parking spaces are located in a common area with no walls or other physical separations between spaces. Open parking requirements may be met by excess covered parking. 5 Guest parking shall be clearly marked and permanently maintained for individuals visiting within the development. Guest parking spaces shall not be allowed on individual driveways except for single family detached, townhomes, or duplexes, where the driveway is leading to a two -car garage. GRe-q�1@rle i-&pae�e� Fnr earsh wipt above 50 in a Wqe residential deyeloppienl 6 Fractions equal to or above one-- LIarterh--a# (0.25) shall be rounded up.-F-G+ rn.. rtinn urpeseo the eRan�ltina y ent` QhOIL ho added logether. guest papkiRg shall be rounded inn ocaparal&l (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-16, §§ 1s.-1 u., 6-18-01; Ord. No. 02-4, § 1 i, 3-18-02; Ord. No. 03-8, §§ 5-7, 9-2-03; Ord. No, 09-3, § 1 c., 5-19-09; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 18-03, § 6, 1-16-18; Ord. No. 21-03, § 5, 3-2-21; Ord. No. 21-20, § 1, 12--7-21 ) § 13-86. Parking required in mixed -use overlay zone. In the mixed -use overlay zone, residential parking rates are provided in the applicable urban plan. (Ord. No. 06-9, § 1f., 4-18-06) § 13-87. General development standards. General development standards for parking areas applicable to the residential zones are contained in Article 3, Development Standards, of this chapter. (Ord. No, 97-11, § 2, 5-5-97) Article 8 Motels § 13-172. Purpose and intent. ATTACHMENT 7 EXHIBIT G The purpose of this article is to establish operational and development standards, and requirements for motels which will ensure the continued availability of transient visitor and automobile tourist lodging within the city and to ensure the continued use of motels in the manner intended to provide such lodging. (Ord. No. 14-11, § 1, 8-5-14) § 13-173. Definitions. Long-term occupancy shall mean any occupancy in a motel in the city for a period exceeding 30 consecutive days or 30 days within any sixty -consecutive -day period. 5hoit-term occupancy shall mean any occupancy of a motel in the city for a period that does not fall within the definition of a long-term occupancy. (Ord. No. 14-11, § 1, 8-5-14) § 13-174. Operational and development standards. The following operational and development standards shall apply to all motels in the city and shall be included in conditions imposed upon the granting of any conditional use permit for such business, unless specifically modified by the conditional use permit: (s) No property owner, motel operator or manager shall rent a room for a period that exceeds 30 consecutive days or 30 days within any sixty {5) consecutive day period, unless the property owner or motel operator has obtained a conditional use permit authorizing long-term occupancies pursuant to section 13-175.3. (b) On -site management shall be available 24 hours a day. (c) Each guest room shall be provided regularly -scheduled maid and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy. (d) In -room telephone service for emergency response purposes shall be provided in all guest rooms of the motel. tef Persons responsible for the renting of a room in any motel shall provide their name and permanent address, as verified by presentation of a valid driver's license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on -site or off -site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest. (1) No room, suite or bed shall be assigned or rented more than once within any 24 hour period. <<p�7 The property owner/motel operator shall comply with the provisions of Chapter iV of Title 16 of the Costa Mesa Municipal Code pertaining to the operator's responsibility for the collection of transient occupancy tax. (h) The business shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement. (Ord. No. 14-11, § 1, 8-5-1 4) § 13-175. Application to existing businesses. The requirements of this chapter, specifically including the long-term occupancy restrictions in section 13-174(a), shall apply to all motels in the city, whether it is new or was in existence prior to the effective date of this ordinance. (Ord. No. 14-11, § 1, 8-5-14) § 13-175.1. Application to existing tenants. (a) Nothing in this chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law. (b) Whenever a long-term occupancy terminates, for whatever reason, the property ownerlmotei operator shall not re -lease that unit for a new long-term occupancy, except to the degree the motel will be in compliance with the requirements of this chapter. (Ord. No. 14-11, § 1, 8-5-14) § 13-176.2. Procedure for compliance. (a) Within 30 days of the effective date of this ordinance, the city shall notify the owners and operators of each motel in the city of the ordinance's adoption. The city shall send a copy of the ordinance, a "longterm occupancy form," and a schedule for compliance via certified return receipt mail. If a notice is returned, the city shall send the notice via standard U.S. mail. (b) Within 30 days of the mailing of the notice in section 13-175.2(a), the property ownerlmotei operator shall submit a fully completed "long-term occupancy form" to the city that provides the total number of rooms used as tong -term occupancies during the preceding 60 days; identify the long-term occupant by a valid driver's license or other valid identification; the make, year, and model of any vehicle parked on -site or off -site; and any other information to demonstrate compliance with the ordinance. If a property owner/motel operator fails to submit the long-term occupancy form, in addition to taking any other action authorized by law, the city shall estimate the total number of rooms used as long-term occupancies at zero. (Ord. No. 14-11, § 1, 8-5-14) § 13-175.3. Conditional use permit for long-term occupancies. A property owner/motel operator may apply for a conditional use permit authorizing the facility to exceed the long-term occupancy limits in section 13-174(a), subject to restrictions of the issuing authority. In order to be granted a conditional use permit under this section, the property owner/motel operator must demonstrate compliance with, and the city shall make a finding that, each of the following standards have been met: (a) The motel must have a minimum of at least 75 rooms. (b) Fireproof safety deposit boxes must be available to all occupants of the motel. [c y Each guest room shall be provided regularly -scheduled maid, mail and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy. (d) Each room shall be a minimum of 375 square feet. (e) The motel shall maintain on -site laundry services, available for use by guests. (I ) The proposed use is compatible with the surrounding neighborhood, uses, zoning and general plan. W Each guest room shall nave a fully equipped kitchen with an area for the preparation of food, and include the following: sink, cook top, oven and/or microwave oven, and refrigerator. (Ord. No. 14-11, § 1, 8-5-14) § 13-175.4. Termination of tenancy. The provisions of this article shall not be used to terminate a tenancy in violation of the requirements of California Civil Code section 1940 et seq. 1b) Wren the coiivu,,;ion of motel !o another uL-_ is Ijrc1pu"_ i the aoplicant shall comply with all applicable State and Federal laws related to the displacement and relocation of Ion-g-term occupants. tOrd. No. 14-11, § 1, 8-5-14) 3 ATTACHMENT 7 Title 13, Chapter IX, Article 15 Reasonable Accommodations § 13-200.60 Purpose. EXHIBIT H It is the city's policy to provide reasonable accommodation in accordance with federal and state fair housing laws (42 U5C § 3600 et seq., and Government Code § 12900 et seq.) for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the terms "disability" and "handicapped'' as defined in the federal and state fair housing laws. The purpose of this article is to establish the procedure by which a person may request reasonable accommodation, and how the request is to be processed. § 13-200.61 Applicability. Any person seeking approval to construct and/or modify residential housing for person(s) With disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing. § 13-200.62 Reasonable Accommodations — Procedure. (a) Appiicatiao required- An application for a reasonable accommodation shall be filed and processed with the Planning Division. The application shall include the following information and be subject to the determinant factors required by this section. (b) Submittal requirements. The application shall be made in writing, and shall include the following information: (1) The zoning code provision, regulation, policy, or condition from which accommodation is being requested; (2) The basis far the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; (3) Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation, (4) Documentation that the applicant is: (a) an individual with a disability, (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability; (5) The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant; (6) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence, (7) Any other information that the—heaFiRg B#46W FcaSSRahly E;IU s is reasonably necessary to determine whether the Odin ]sgrounds for reasonable accommodation identified in Fe9wiFed by subsection (e) of this section and the findings in subsection (f) of this section can be made, so long as any request for information regarding the disability of the individua#s benefited complies with fair housing law protections and the privacy rights of the individuals affected. (c) Fees. No application fee is required. (d) Director action. Within 60 days of receipt of a completed application, the director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit. (e) Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a requested accommodation: (1 ) Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling? To determine whether the accommodation is necessary, the director may consider, among other things: The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit. (2) is the requested accommodation reasonable? A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the City. It is also not reasonable if it would fundamentally alter a City program, such as the City's zoning scheme. a. In considering the financial or administrative burden on the City, the director may consider, among other things, the extent to which the City would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it. 1). In considering the potential alteration to a City program, such as the City's zoning scheme, the director may consider, among other things, the degree of deviation from .,hetheP @FaRtiRg the Fecluest o uI.d be r iSteRt,.,rth the City's General Plan, If. any, with the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity. (f) Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. (1) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. (2) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling- (3) The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. The determination of whether an accommodation poses an undue financial and administrative burden or whether a modification poses an undue financial and administrative burden must be made on a case -by -case basis_ and must consider various factors including: a. The cost of the requested accommodation or the cost of a requested modification_ if the City is being requested to pay for the modification; b. The financial resources of the person or persons who have a duty to provide the accommodation or the financial resources of the City if it is obligated to pay for the modification; c. The benefits that a proposed alternative accommodation or modification would provide to the individual with a disability; d. The availability of alternative accommodations or modifications that would effective! meet the disability -related needs of the individual with a disability; (4) The requested accommodation is GGRS06teflt With FFO AdiRg uses ^demonstrates scale and intensity of use comparable to adjacent and nearby uses. (5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. The assessment of whether the specific accommodation in question poses a direct threat to the health or safety of others or would cause substantial Physical damage to the property of others must be based on objective evidence and no# unsubstantiated inferences. The evidence must be sufficiently recent as to be credible. The assessment must consider: a. The nature, duration, and severity of the risk of a direct threat to the health and safety of others or of substantial physical damage to the property of others; b. The likelihood that a direct threat to the health or safety of others or substantial Physical damage to the ro ert of others will actual) occur and c. Whether there are any additional or alternative reasonable accommodations that will eliminate the direct threat to the health or safety of others or substantial Physical damage to the property of others. (6) If economic viability is raised by the applicant as part of the applicant's showing that the requested accommodation is necessary, then a finding that the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants generally, not just for that particular applicant. was WIN MR!" (9) The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program- (9 ) The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program: (1) Whether the requested accommodation would fundamentally alter the character of the neighborhood. (2) Whether the accommodation would result in a substantial increase in traffic or insufficient parking- (3) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan- (4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation- (5) Any other factors that would cause a fundamental alteration in the city's zoning program, as may be defined in the Fair Housing Law. § 13-200.53 Severability. Should any section, subsection, clause, or provision of this article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this article; it being hereby expressly declared that this article, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections. subsections, sentences; clauses or phrases be declared invalid or unconstitutional. This article shall be prospective in application from its effective date. ATTACHMENT 7 EXHIBIT I Article 18 Emergency Shelters § 13-200.79. Purpose and intent. The purpose of this article is to establish operational and development standards for emergency shelters to ensure that these uses are operated to address the homeless_ needs and consistent with the requirements of sections 65582, 65583, and 65589.5 of the Government Code relating to local planning. Development standards. The following development and operational standards shall apply to establishment of emergency shelters as defined by the Zoning Code; provided, however, that operational standards (1), (2), (4),(8), (10) and (13) shall not apply to emergency shelters owned, controlled and/or operated by the City of Costa Mesa. (l) The maximum length of stay shall not exceed 120 days in a 365_day period- (2) Each emergency shelter may have a maximum of 30 beds. (3) Off -site parking shall be provided at a parking rate of one parking space ne four beds e per employee during the largest shift, provided that the , w4WA --ve4S # ighe�—anlo+_Int of lial—kllICI reQl.II-ed does not exceed the amount of part ing regWred for any other residential or non-residential rises within the same zone. N �5tays at an emergency shelter facility shall be limited to the hours of 5-.00 p.m. and 8:00 a.m. the following day._ .TUnregistered veh Gies shag -not be ept on site. TGWiRgrhal e recn ii ty-of the shelter Ceti - �-6-1l I Each emergency shelter shall provide an interior and exterior waiting area adequate to accommodate waiting clients and to prevent queuing into the public right -of- way. An exterior waiting area shall be physically separated and visually screened from the public rig ht-of-way. . �__ The emergency shelter facility shall provide an on -site resident manager on site at all times. -TI<r?f A minimum distance of 300 feet shall be maintained from another emergency shelter. The distance of separation shall be measured in a straight line between the property lines of each use without regard to intervening structures or objects. 4�4I yl The shelter operator shall provide minimum exterior lighting in compliance with the city's security requirements. 4�-.4t h i The shelter operator shall patrol a half -mile radius surrounding the shelter site during hours that the shelter is in operation to Ensure that shelter clients and homeless individuals who have been denied access are not congregating in the neighborhood. t 1 G4o! �slr-vnd RaFGG uISe--2FZ4-Gl3ns611:Rpfi-- nrr-. nr.-.hi 4iid WmthW thefar_ilittr and nri he 13K�PWAY- i � I{ _An operations plan shall be submitted for review and approval by the development services director and police chief prior to operation of the emergency shelter. The plan shall include minimum provisions related to on -site security and safety, staff training, loitering control, client eligibility, counseling services, and indoor and outdoor management of the facility. +4-E( 111) No emergency shelter in the MP Industrial Park zone that is also located in an area subject to the jurisdiction ❑f the airport land use commission shall commence operation until the commission either approves the action or permit pursuant to the procedures set forth in Public Utilities Code section 21676(b) or, if denied, the city overrules the commission's decision. (Ord. No. 13-1, § 2C., 3-19-13; Ord. No. 19-15, § 2, 9-17-19) ATTACHMENT 7 Article 3 Transportation System Management EXHIBIT J § 13-271 Purpose. The purpose of this article is to set forth the provisions for assuring an adequate transportation system in conjunction with new development. (Ord. No. 97-11, § 2, 5-5-97) § 13-272 Definitions. For the purpose of this article, the following definitions shall apply: Development project. This article applies to the following development project approvals: general plan amendments, specific plans, master plans, rezones, development reviews, variances, use permits, i,i1ti c, i t-, cidifica[ioeiii minor modifications and development agreements, unless otherwise exempted by section 13-275, Exemptions. Intersection. The general area where two or more roadways join or cross. Measurable traffic. A volume of traffic which will result in a 0-01 or greater increase in the peak period volume to capacity ratio at any given signalized intersection. Potentially deficient intersection- An Intersection identified in the general plan for which the standard level of service may not be feasible upon general plan bUlldout. The intersection volume to capacity ratios identified in the general plan shall not be exceeded for these intersections. Pro rata. A proportionate share based on a development project's impacts. Standard level of service. The standard level of service shall be level of service "D" or better (0.90 or less volume to capacity ratio) for all signalized arterial intersections within the city during peak hours Monday through Friday with the exception of those intersections identified as potentially deficient in the general plan. Levels of service shall be defined and computed using the Intersection Capacity Utilization (ICU) methodology. Transportation demand management program. A series of required and/or voluntary actions which reduce the vehicle trip generation rate of a specific use or uses of land. (Ord. No. 97-11, § 2, 5-5-97) § 13-273 Comprehensive transportation system improvement program. (a) Purpose. The comprehensive transportation system improvement program shall be adopted by resolution of the city council which addresses the cumulative impacts of development in a defined impact area. This program shall mandate circulation improvements, including Freeway improvements, to ensure that the master plan of highways is constructed and that the standard level of service is achieved and will be maintained at all intersections in the defined impact area in accordance with the general plan. For those intersections identified as potentially deficient, the program shall identify the maximum improvements feasible in accordance with the general plan. The program shall address the funding, construction and maintenance of transportation facilities to implement the master plan of highways. The program shall be updated on an annual basis. (b) Relationship to development fee program. The comprehensive transportation system improvement program shall be utilized to determine the pro rata share of the cost of necessary improvements attributable to development projects as described in section 13-274, Development fee program- (c) Development phasing and performance monitoring report. Each year the city shall prepare a development phasing and performance monitoring report which shall be used to update the comprehensive transportation system improvement program. td) Interim approval procedure. Until such time as this program is adopted, development projects not exempted pursuant to section 13-276, Exemptions, may be approved if the city adopts findings that the development projects are consistent with the provisions of this article. (Ord. No. 97-11, § 2, 5-5-97) § 13-274 Development fee program. (a) Establishment of development impact fee program. A development impact fee program shall be established by resolution of the city council based on the comprehensive transportation system improvement program. The program shall set forth the basis for the fee as required by State Government Code section 66001. The program shall establish guidelines for payment, accounting, and refund of the fees collected as required by State Government Code Sections 66001. 66006 and 66007. (b) Updates of fee. On an annual basis, the city council shall review this fee program, as required by State Government Code section 66002, to determine whether the fee amounts are reasonably related to the impacts of development projects and whether the described public facilities are still needed. (c) Limited use of fees. The revenues raised by payment through this fee program shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to (1) Pay for the city's future construction of facilities or to reimburse the city for those facilities, described or listed in the program, constructed by the city with funds advanced by the city from other sources; or (2) Reimburse developers who have been required or permitted to install such listed facilities to the extent the actual cost of the facilities installed by the developer exceeds the impact fee obligation of the development project. (d) Developer construction of public facilities. Whenever the conditions of approval of a development project require direct construction of a public transportation facility (see section 13- 275(c), Development project review procedures) described or listed in the comprehensive transportation system improvement program, a credit or reimbursement, as applicable, shall be given against the development impact fee, which would have been charged to the development project under the program, for actual construction costs incurred by the developer. The reimbursement and/or credit amount shall not include any improvements the city can require from the development project under the Subdivision Map Act, or the portion of the improvement deemed to be an on -site improvement that is not included in the comprehensive transportation system improvement program- (e) Fee adjustments. A developer of any development project subject to the fee program provided in this article may apply to the city council for: ra (1) A waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the circulation impacts of that development project and either the amount of the fee charged or the type of facilities to be financed; or (2) A reduction of the fee based upon the implementation of a transportation demand management program, as described in section 13-275(d), Development project review procedures. (3) The application for a fee waiver shall be made in writing and filed with the city clerk not later than: a. 10 days prior to the public hearing on the development permit application for the project; or b. If no development permit is required, at the time of the filing of the request for a building permit. (4) The application shall state in detail the factual basis for the claim of waiver. The city council shall consider the application at the public nearing on the permit application held within 60 days after the filing of the application. The decision of the city council shall be final. If a waiver is granted, any change in use or increase in building intensity within the development project shall invalidate the waiver of the fee, and the developer shall be obligated to pay the full amount of the fee attributed to the development project, including the change in use or increase in intensity, as provided by this article. (f) Fee refunds. A refund shall be made when a building permit expires and no extensions have been granted for a development project for which the funds have been collected and the development project has not been constructed. (g) Fees for phased development projects. Where there is a requirement imposed upon a phased development project pursuant to this article for the payment of traffic impact fees into a comprehensive transportation system improvement program, such fees may be payable on a pro rats basis as each phase of the project is completed, in conjunction with the improvements accomplished. (Ord. No. 97-11, § 2, 5-5-97) § 93-275 Development project review procedures. (a) Traffic study required. A traffic impact study shall be required for all development projects estimated by the public services director to generate 100 or more vehicle trip ends during a peak hour. Traffic studies may also be required for smaller projects at the discretion of the public services director. The cost of the study shall be paid for by the developer. The study area and number of intersections to be analyzed shall be determined by the public services director and the study area shall be reasonably related to the estimated impacts attributed to the development project. The traffic study shall also identify mitigation measures that are reasonably related to the development project's traffic impacts. (b) Mitigation measures. Mitigation measures for development projects shall consist of either payment of a development impact fee and/or construction of circulation improvements. The necessary circulation improvements may be designed and constructed by the developer as determined by the city. These mitigation measures shall be incorporated as conditions of the development projects approval. Table 13-275 indicates the criteria for either requiring payment of a development impact fee and/or construction of circulation improvements. (c) Approval criteria. A development project may be approved if as a condition of approval it is required to construct a circulation improvement and/or pay a development impact fee, as shown in Table 13-275, and if a finding is made that the development project's impacts will be mitigated at all affected intersections within three years of issuance of the first building permit for the development project, as described in subsection (b), unless additional right-of-way or coordination with other government agencies is required to complete the improvement. If right- of-way acquisition or coordination with other governmental agencies delays the improvement construction, appropriate measures shall be taken to ensure that the improvement construction occurs in a timely manner. Circulation improvements may be required sooner if, because of extraordinary traffic generation characteristics of the development project or extraordinary impacts to the surrounding circulation system, the circulation improvements are necessary to prevent significant adverse impacts. For phased development projects, the construction of circulation improvements may be phased as well based upon the findings of the traffic study. When a development project affects a potentially deficient intersection, the development project's impacts shall be mitigated such that the intersection volume to capacity ratios identified in the genera( plan shall not be exceeded. (d) Transportation demand management program. Where a transportation demand management program is used to reduce vehicle trips related to a development project, the program shall comply with the following: (1 ) A conditional use permit for the development project and program must be approved by the planning commission consistent with the requirements of subsection (c). An annual report shall be prepared for the city at the expense of the property owner, to show whether the vehicle trip reduction identified in the program has been achieved and maintained. (2) If the annual report demonstrates that the vehicle trip reductions identified in the program have not occurred, the conditional use permit shall be reevaluated and additional conditions imposed by the planning commission in order to meet the requirements of this article. (3) The traffic impact development fees required under this article shall be based on the trip generation forecast without consideration of estimated reductions associated with a transportation demand management program. An application for a fee reimbursement may be approved by the city council pursuant to section 13-274(e), Development fee program, based upon documentation of average annual trip reduction over a three-year period as reported in the annual monitoring report referenced in section 13-273(c), Comprehensive transportation system improvement program. (e) Change of use. Each development project approved under this article shall be reevaluated by the public services director when any change in use occurs which may increase the project's traffic generation. The purpose of this reevaluation is to assure that traffic capacity is available in the transportation system. Any increase in traffic generation by the change of use shall be subject to review by the appropriate reviewing authority who may impose additional conditions on the development project for the mitigation of the increased traffic generation. 4 TABLE 13-275 DEVELOPMENT IMPACT CRITERIA PROJECT I INTERSECTION I ICU INCREASE' I MITIGATION I INTENT OF MITIGATION DEVELOPMENT CONDITION MEASURE(S) MEASURE(S) SIZE Projects Adequate Less than 1 % Payment of Contribute to generating less (Standard Level of impact fee implementation of the than 100 peak Service or better) Comprehensive hour trip ends OR Deficient Transportation System 1 o �e ❑r greater (exceeds Improvement Program Standard Level of Service) Projects Adequate Less than 1 % Payment of Contribute to generating 100 or (Standard Level of impact fee implementation of the more peak hour Service or Better) Comprehensive trip ends OR Deficient Transportation System (exceeds Improvement Program 1% or greater Payment of Contribute to Standard Level of Service) impact fee and implementation of the improvement Comprehensive construction by Transportation System developer underl Improvement Program conditions listed I and mitigate development in footnote #2 1 project's impacts 1 ICU = Intersection Capacity Utilization 2 When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in the general plan at the subject location are required as mitigation_ If all of the improvements identified in the general plan are not required as mitigation, then only the improvements determined necessary by the public services director shall be constructed by the developer. (Ord. No. 97-11, § 2, 5-5-97) § 13-276 Exemptions. (a) Exempt development projects. Projects which fall within any of the categories listed below shall be exempt from the provisions of this article: (1 ) Any residential construction that does not increase the number of permanent housing units on the lot where the construction takes place, such as remodeling or rebuilding an existing house or units. Second units are also exempt. (2) Any industrial or commercial construction that neither increases the footprint nor square footage or changes the use on the lot where the construction takes place, such as remodeling or rebuilding an existing structure, and does not increase peak hour trip generation. (3) Public benefit facilities limited to public libraries, public administration facilities, public parks, public utilities, schools and related facilities. (4) Facilities serving the health and safety of the public, limited to hospitals, police, fire and safety facilities. (Ord. No. 11-10, § 1, 9-20-11) 5 Title 13, Chapter XV, Group Homes § 13-310 Purpose. ATTACHMENT 7 EXHIBIT K This chapter is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group horses are actually entitled to the special accommodation and/or additional accommodation provided under the Costa Mesa Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the handicapped that is reasonable and actually bears some resemblance to the opportunities afforded non -handicapped individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the handicapped and for recovering addicts to be successful in their programs, § 13-311 Special use permit required. (a) A group home that may otherwise be considered an unpermitted use may locate in an R1 zone with a special use permit provided: (1) An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following: The name, address, phone number and driver's license number of the ownerloperator; ii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicantloperator shall provide the additional names and addresses as follows and such persons shall also sign the application: a. Every general partner of the partnership, b. Every owner with a controlling interest in the corporation, c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such appiicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; iv. The name, address, phone number and driver's license number of the house manager; A copy of the group home rules and regulations; vi. Written intake procedures; vii. The relapse policy; viii. An affirmation by the owner/operator that only residents (other than the house manager) who are handicapped as defined by state and federal law shall reside at the group home; ix. Blank copies of all forms that all residents and potential residents are required to complete; and x. A fee for the cost of processing of the application as set by resolution of the city council. No person shall open a group home_ with an operator or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current. (2) The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven Occupants. If the dwelling unit has an se T accessory dwelling unit, occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded. (3) The group home shall not be located in an accessory unit unless the primary dwelling unit is used for the same purpose, (4) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24 hour basis and who are responsible for the day-to-day operation of the group home. (5) All garage and driveway spaces associated with the dwelling unit shall, at all times. be available for the parking of vehicles. Rye; }oneuse-n4apageF may eaGhRty star Wi ... .-i roil nr nn anti c+rent wit 500 feet e t raRspo4atir.n fr.r s dei# of the 9 p home, (6) Occupants must not require and operators must not provide ''care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations- (7) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral uselfacility. (8) If the group home operator is not the property owner; written approval from the property owner to operate a group home at the property. (9) The property must be fully in compliance with all building codes, municipal code and zoning. (10) At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall, i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency CC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the city's Network for Homeless Solutions that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection (a)(10) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs i through iv of this subsection (a)(10) as soon as possible. (11 ) Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also. i. Make available to the Occupant transportation to the address listed on the occupant's driver license, state -issued identification card, or the permanent address identified in the occupant's application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. (12) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (a)(10) and (a)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(11) of this section by providing remuneration to the occupant for the cost of transportation. (13) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. (14) In addition to the regulations outlined above, the following shall also apply to sober living homes: i. The sober living home is not located within 550 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcohoiism or drug abuse recovery or treatment facility. iL All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re -admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house managerloperator to follow when a neighbor complaint is received. vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations:. detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. (15) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 13- 200.82. (b) The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections (a)(1) through (a)(14) of this section. At least 10 days prior to issuing a special use permit, the director shall cause a courtesy written notice to be mailed to the owner of record and occupants of all properties within �5100 feet of the location of the group home. "r FiG F W issaanGe of the speGial Li se ^erg the TeGtGF Shall hGId a n6ib4G hearing fnr the nUrPOSe nfr reGGOOnrx_�nfr_irrn.@NGR-rce@aFdiRg The issuance of the special use permit shall be denied upon a determination; and if already issued shall be �'e�e; revoked upon a hearing, by the director th A f any of the following circumstances exist: (1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an Employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol- (3) Any owner/operator or staff person has been convicted of or pleaded noio contendere, within the last seven to 10 years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender Linder California Penal Code section 200 (last 10 years); ii. Arson offenses —Violations of Penal Code Sections 451-455 (last seven years), or iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last 10 years). iv. The unlawful sale or furnishing of any controlled substances (fast seven years). {4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not handicapped as defined by the FHAA and FEHA. (6) A special use permit for a sober living home shall also be denied upon a determination, and it already issued, any transfer shall be denied or revoked, upon a hearing, by the director that any of the following additional circumstances exist: i. Any owner/operator or staff person of a sober living name is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. 6. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non- prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. iii. The sober living home, as measured by the closest property lines, is located within 650 feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state -licensed alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. (7) For any other significant and/or repeated violations of this section andlor any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (a)(10) through (13). (8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to section 13-200.62. § 13-312 Compliance. (a) All group homes which are sub ect to this Chapter shall comply with the provisions hereof regardless of when they commenced operations .E�:istin g,o —he s t , OF a Specrm ial use nni} � ,i}him n-- .a -� of the e.ifr. r{iV e daate r.F}hies r.4e.-.r,}r. '.7LTSIMM.90ifT.7l-T! 7llrlfCTT.� - , wo.- 0 . _ § 13-313 Severability. Should any section, subsection, clause, or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences; clauses or phrases be declared invalid or unconstitutional. This chapter shall be prospective in application from its effective date. ATTACHMENT 7 EXHIBIT L Title 13, Chapter XVI, Group Homes in the R2-MD, R2-HD and R3 Residential Zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (Planned Development Zones) § 13-320 Purpose. This chapter is intended to preserve the residential character the City of Costa Mesa's residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (a) Ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Costa Mesa Municipal Code and not simply skirting the city's boarding house regulations, (b) Limiting the secondary impacts of group horses by reducing noise and traffic, preserving safety and providing adequate off-street parking; (c) Providing an accommodation for the handicapped that is reasonable and actually bears some resemblance to the opportunities afforded non -handicapped individuals to use and enjoy a dwelling unit in a residential neighborhood, and (d) To provide comfortable living environments that will enhance the opportunity for the handicapped, including recovering addicts to be successful in their programs. § 13-321 Definitions. Property. For purposes of this chapter, "property" is defined as any single development lot that has been subdivided bearing its own assessor's parcel number or with an approved subdivision map or condominium map. § 13-322 Group homes in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones with six or fewer occupants. (a) A special use permit shall be required for and may be granted to permit the operation of a group home including a sober living home with six or fewer occupants in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones subject to the following requirements- (1) The application for and operation of the group home complies with subsections (a)(1), (a)(2) and (a)(4) through (a)(14) of section 13-311. (2) The application includes a live scan of the house manager and/or operator of the group home. (3) The group home or sober living home is at least 650 feet from anv other property, as defined in section 13-321, that contains a group home, sober living home or state - licensed drug and alcohol treatment facility, as measured from the property line. (b) The development services director may issue, revoke or deny a special use permit for a group home including a sober living home subject to this chapter pursuant to the procedures and requirements of section 13-311. (c) An applicant may seek relief from the strict applir;ation of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 13-200.62. § 13-323 Conditional use permit required for group homes, residential care facilities and drug and alcohol treatment facilities in the R2-MD, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, POR-HD, PDR-NCM, PDC. and PDI (planned development zones) with seven or more occupants. A conditional use permit shall he required for and may be granted to allow the operation of a group home, state -licensed residential care facility or state -licensed drug and alcohol treatment facility with seven or more occupants in the R24vID, R2-HD and R3 residential zones and the PDR-LD, PDR-MD, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) zones subject to the following conditions: (a) The requirements of Chapter III, Planning Applications, of this title have been met- (b) The group home, residential care facility or state -licensed drug and alcohol treatment facility is at least 656 feet from any property, as defined in section 13-321, that contains a group home, sober living home or state -licensed drug and alcohol treatment facility; as measured from the property line, unless the reviewing authority determines that such location will not result in an over -concentration of similar uses. (c) The applicant obtains an operator's permit as required by Article 23, Chapter 2 of Title 9, except that this requirement shall not apply to any state -licensed residential care facility, or state licensed drug and alcohol treatment facility or group home without an a erator. (d) The findings for granting a conditional use permit in accordance with subsection 13-29(g) are met. § 13-324 Compliance. (a) All group homes which are sub ect to this Chapter shall comply with the provisions hereof regardless of when they commenced operations.G-r-G�Gwes in the R2 MD, R2un and R3 rac Mdential aenes and the Oil R-LQj O RAn ❑ilk r-.J r7 ❑no Alr- ❑i'7 (-` .. rl Onl (n1 (J 4ai elopment zones) znn with sox oFfeweF GGGLipants that are iR eXiSteRGe upon the effeGfive wa�ana nos § 13-325 Severability. Should any section, subsection, clause, or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity ❑r constitutionality ❑f the remaining portions of this chapter, it being hereby expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed; approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This chapter shall be prospective in application from its effective date. ATTACHMENT 7 EXHIBIT M Title 9, Chapter II, Article 23, Group Homes § 9-370 Definitions. The definitions set forth in Title 13 of this Code shall apply to the provisions of this article unless otherwise provided for herein, § 9-371 Zoning requirements. In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Chapter XVi of Title 13 of this Code. § 9-372 Operator's permit required. It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the R2-MD, R2-HD, R3, PDR-LD, PDR-MID and/or PDR-HD zone, without a valid permit issued for that group horse pursuant to the provisions of this article. § 9-373 Exceptions. The requirements of this article shall not apply to: (a) A group home that has six or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Chapters XV and XVI of Title 13 of this Code: (b) A state licensed alcoholism or drug abuse recovery or treatment facility; or (c) A state licensed residential care facility. § 9-374 Requirements for issuance of operator's permit. (a) The owner/operator shall submit an application to the director that provides the following information: (1) The name; address, phone number and driver's license number of the owner/operator- (2) if the applicant and/or operator is a partnership, corporation, firm or association, then the applicantloperator shall provide the additional names and addresses as follows and such persons shall also sign the application: i. Every general partner of the partnership; ii. Every owner with a controlling interest in the corporation; and iii. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder- (3) The license and permit history of the applicants), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor; (4) The name, address, phone number and driver's license number of the house manager; (5) A copy of the group home rules and regulations, (6) Written intake procedures; (7) The relapse policy; (8) An affirmation by the owner/operator that only residents (other than the house manager) who are handicapped as defined by state and federal law shall reside at the group home; (9) Blank copies of all forms that all residents and potential residents are required to complete; and (10) A fee for the cost of processing of the application as set by resolution of the city council. (b) Requirements for operation of group homes. (1) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24 hour basis and who are responsible for the day-to-day operation of the group home. (2) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. reCideRbs and the house rpa agar may a@Gh nnitl stere o F pa rL�Rq -_yehirlo _-t the dwell i nn unit 0r on an my street w4h in Cflfl foa} rt ,4, FEA Rg unit. The Veh inl�Arl�p �e and nurrontly Used as a primary form of t rank nn0ht#r.r o rooirlar.t of t3�a r. r. hr.mr. (3) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. (4) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral uselfacility. (5) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. (6) At least 48 hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall: i. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency dC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the city's Network for Homeless Solutions that an occupant is no longer a resident at the home, determine the services available therefrom; and iv. Provide the information obtained from paragraphs ii and iii of this subsection (b)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant's signed acknowledgement thereon; v. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the city as part of the special use permit for that facility, the operator shall comply with paragraphs i though iv of this subsection (b)(6) as soon as possible. (7) Prior to an occupant's eviction From or involuntary termination of residency in a group home, the operator thereof shall also: i. Make available to the occupant transportation to the address listed on the occupant's driver license, state issued identification card, or the permanent address identified in the occupant's application or referral to the group home; Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant. (8) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (a)(6) and (a)(7) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(7) by providing remuneration to the occupant for the cost of transportation. (9) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. (10) The property must be fully in compliance with all building codes, municipal code and zoning. (11) In addition to the regulations outlined above, the following shall also apply to sober living homes: All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. 6- The sober living home's rules and regulations must prohibit the use of any alcohol or any nonprescription drugs at the sober living home or by any recovering addict either on or off site. The sober living horse must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be readmitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iii. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. iv. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. v. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house managerloperator to follow when a neighbor complaint is received. vi. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. (c) An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Article 15 of Chapter IX of Title 13 of this Code. (d) The operator's permit shall be issued by the director if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections (a) and (b) above. (e) In addition to denying an application for failing to comply, or failing to agree to comply, with subsections (a) and/or (b) of this section, an operator's permit shall also be denied, and if already issued shall be revoked upon a hearing by the director, under any of the following circumstances. (1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. {2y Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been convicted of or pleaded nolo contenders; within the last seven to 10 years, to any of the following offenses. i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last 10 years); ii. Arson offenses —Violations of Penal Code Sections 451--455 (last seven years); or iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last 10 years). iv. The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled or handicapped as defined by the FHAA and FEHA. (6) An operator's permit for a sober living home shall also be denied. and if already issued shall be revoked upon a hearing by the director, under any of the following additional circumstances The ownerloperator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non- prescription drugs, or who is not actively participating in a legitimate recovery prograrn from contaot with all other sober residents. ii. For any other signifcant and/or repeated violations of this section and/or any other applicable laws and/or regulations. § 9-375 Transfer of operator's permit. (a) An operator's permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the director pursuant to the requirements of section 9-374. (b) An operator's permit may not be transferred to any other person or entity. No operator's permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein. § 9-376 Revocation of operator's permit. An operator's permit may be revoked upon a hearing by the director pursuant to section 9-120 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 9-374. § 9-377 Reapplication after denial or revocation. (a) An applicant for an operator's permit whose application for such an operator's permit has been denied may not reapply for such an operator's permit for a period of six months from the date such notice of denial was issued. (b} A holder of an operator's permit that has been cancelled, revoked or otherwise invalidated may not reapply for an operator's or a user's permit for a period of six months from the date that such revocation, cancellation or invalidation became final. § 9-378 Compliance. A group home that is subject to the provisions of this article that is in existence as of the effective date of this ordinance shall have 120 days to comply with the provisions of this article. NORTH COSTA MESA SPECIFIC PLAN u A ItW qk Vr Con Ca-7 e as North Costa Mesa Specific Plan SUMMARY OF NORTH COSTA MESA SPECIFIC PLAN AMENDMENTS The North Costa Mesa Specific Plan was adopted by the Costa Mesa City Council in ,duly 1994. Since adoption, the plan has been amended. The following table provides a list and a brief description of the amendment(s). AMENDMENT # DATE OF ADOPTION DESCRIPTION OF AMENDMENT SP-98-04 April 19, 1999 Created a site -specific FAR of 0,72 for South Coast Metro Center (Area 6). SP-99-02 July 3, 2000 Increased the site -specific FAR to 0.79 for South Coast Metro Center (Area 6). SP-00-01 February 5, 2001 Created a new Cultural Arts Center designation and corresponding FAR of 1.77 for South Coast Plaza Town Center (Area 4). SP-00-02 November 19, 2001 Increased the size of Area 1, and amended land use designations, Floor area ratio, and trip budgets for Segerstrom Boma Ranch (Area 1) SP-02-01 July 1, 2002 Updated regulations to be consistent with 2000 General Plan. SP-03-02 November 17. 2003 Amended acreage and building square footage allocation in Area 1 sub -areas, SP-03-01 February 2, 2004 Incorporated the Theater and Arts District Plan Into the plan. SP-06-01 March 27, 2006 Amendment to the Theater and Arts District Plan regarding financing, SP-06-02 January 16, 2007 Amendment to allow high-rise residential development In Sub -areas 4, 5, and 6 in this specific plan. SP-07-01 November 20. 2007 Amendment to allow high-rise residential development for Wyndham Boutique Hotel I High -Rise residential project at 3350 Avenue of Arts, Area 5. SP-11-01 September 20, 2011 Amendment to Sakioke Lot 2 SP-15-01 October 20, 2015 Clarifying language to South Coast Plaza Town Center SP-16-01 September 06, 2016 Updating Home Ranch, 3350 Avenue of the Arts and Sakicka Lot 2 per 2015-2035 General Plan Update PSPA-26-0001 Month Day, 2026 Amendment to reflect General Plan land Use Element and Mixed -Use Overlay District Amendments, including identified Housino Element sites, and corresponding General Plan Land Use Map and City's Zoning Map. Costa Mesa North Costa Mesa Specific Plan S P-94-01 NORTH COSTA MESA SPECIFIC PLAN PREPARED BY: City of Costa Mesa Planning Division July 1994 Adapted by Resolution #94-67 Amended April 1999 Amended July 2000 Amended February 2001 Amended November 2001 Amended July 2002 Amended November 2003 Amended February 2004 Amended March 2006 Amended January 2007 Amended November 2007 Amended September 2011 Amended October 2015 Amended September 2016 Amended Month Day, 2026 Costa Mesa 1 .D INTRODUCTION Authority and Scope North Costa Mesa Specific Plan This specific plan has been prepared for a portion of North Costa Mesa in accordance with the California Government Code Section 65450 et seq. The plan area encompasses 423 acres and is an established area of the City with many identifiable and diversified components, including the urban mixed use development of South Coast Piaza Town Center. There is still, however, a considerable amount of undeveloped land within the plan area that prompts the need for this specific plan. The 1990 General Plan, adopted on March 16, 1992, specifies the land use designations and accompanying residential densities and commercial and industrial intensities for the plan area, as well as numerous policies that are relevant or specific to North Costa Mesa. In 2001, the City of Costa Mesa 2000 General Plan was adopted; which was primarily a technical update of the 1990 General Plan. (See Appendix C for a listing of relevant General Plan policies). It is the intent of this specific plan to implement the policies of the General Plan through the adoption of development standards. These standards recognize the development potential of the plan area and the need to sensitively integrate new development with the surrounding areas, and, therefore, promote both resident and business community confidence in the long-term vision for the plan area. Specific issues that are addressed in this plan are as follows ]� Land Use Compatibility/Integration y Building Heights Y Nonconformity Y Density Bonuses Circulation �o Urban Rail Transit r Parks and Recreation Y Fire Protection Services Specific Plan Contents This specific plan provides a comprehensive review and analysis of the plan area. Section 2 provides an overview of the plan area's development setting. In Section 3, the development issues that will present a challenge to future development of each subarea are identified, and Section 4 provides the development standards which address these issues. Finally, Section 5 discusses the specific plan's implementation ion timing. Updated November 2001 9 Costa Mesa North Costa Mesa Specific: Plan 2.0 DEVELOPMENT SETTING Location The North Costa Mesa plan area comprises the northernmost portion of the City of Costa Mesa, i. e., that area north of the San Diego Freeway (1-405) and generally east of Harbor Boulevard. South Coast Drive and Sunflower Avenue generally form the northern boundary of the plan area and the Costa Mesa Freeway (SR-55) is the eastern border. Costa Mesa's surrounding cities include Fountain Valley and Huntington Beach to the west, Santa Ana to the north and east, Irvine to the east, and Newport Beach to the south. Major regional facilities include John Wayne Airport to the southeast of the plan area. See Figure 1. Figure 2 indicates the existing land uses as well as the eight subareas the plan area has been divided into for analysis purposes. Updated November2001 10 Costa Mesa Location Map GARDEN P, DANGE ALA vua m CRWE TUSTIN 22 .55 i 3asA At vst st wA SEW. Plan Pian Area BEAC}i COSTA MESA HUHi7NCTON NEWPORT BEACH PACIFIC OCEAN ' Figure 1 Updated November2UU1 IFMNE 11 405 LAGUNA BEACH North Costa Mesa Specific Plan 4 J i�LYYJy�] JW`[W m ORANGE COUNN 4AGVNA NIGUEL 0p, µiSSION YI EJO SAN JUAN CAPSfR1WO NORTH COSTA MESA SPECIFIC PLAN G 12 4] N [G J i f!1 C x W `w x x w U q H � U m � ❑ H � m [G y d d LV C1' ++ r.+ r.+ r C.1 C g N N _ ❑ ❑ 'p 0 0 O J J m 0 D J ❑ a *+ 0] Y .1' ❑ oas❑ra�a 2 co cn 1 1 1 e 1 1 > > r N N7 19P In LP 1- CO m c FL V N a LI1 g n U) i � !C o) N a z C a �p Z W 1ti VJ � J V j N ❑ U o z " a s "R a n " E o `a W r a Costa Mesa North Costa Mesa specific Plan Existing General Plan and Zoning Designations Figure 3 indicates the General Plan land use designations for the area of the City north of the 1-405, and Figure 4 indicates the accompanying zoning designations. Table I summarizes the development parameters of the General Plan land use designations, and the compatible zoning districts. As shown in Table 1. the General Plan establishes Floor Area Ratios (FARs) for all non- residential land use designations. The FAR is used to determine the maximum amount of building that is allowed on a lot or parcel. Several land use categories in the plan area contain stepped FARs which are tied to the traffic characteristics of the proposed land use. Residential density is measured in dwelling units per acre. Trip budgets have also been established for properties in the plan area designated as Urban Center Commercial, Cultural Arts Center, or Regional Commercial in the plan area. The industrial portion of Home Ranch also has a trip budget. When applicable, the FAR, or in the case of residential, dwelling units per acre, and trip budget work in concert to ensure that building intensity and trip generation do not exceed the capacity of the circulation system in the plan area. The trip budget for individual properties is given in Section 3. Notwithstanding the foregoinq. trip budgets d❑ not apply to properties in the plan identified within_a sites inventory of the Housing Element. The lowest FARs are found in the Neighborhood Commercial designation as well as in the residential, industrial and public -semi }and use designations. The highest FARs are allowed in the Regional Commercial, Cultural Arts Center. and Urban Center Commercial land use designations. The General Plan does not allow the established floor area ratio for non- residential uses to be exceeded in any instance. Trip budgets are calculated on a square footage basis for commercial, industrial, residential, and institutional land uses As with FARs, trip budgets cannot be exceeded, excerpt on properties in the plan identified within a sites inventory of the Housing Element. The General Plan, however, does allow for the transfer of trip budgets in the plan area in the following circumstances: l The combination and/or transfer of trips shall only be allowed in the area of the City that is north of the 1-405 and east of Harbor Boulevard, and shall be limited to parcels within a one -mile radius of each other. Trip budget transfers shall be evaluated in the review and approval of a planned development or master plan project. Sufficient conditions of approval shall be applied to the master plan or development plan to ensure long-range control over subsequent phases of development. The combination and/or transfer of trips shall not result in any greater impacts on the surrounding circulation system then would occur if each Traffic Analysis Zone JAZ) was developed independently. (Consult with the Planning Division for a figure depicting TAZs) For the combination and/or transfer of trips between TAZs, such combination and/or transfer of trips shall not exceed the total trip budget of all parcels involved if each were developed independently according to the FAR and trip 13 Costa Mesa North Costa Mesa Specific Plan generation rates provided herein. The combination and/or transfer of trips shall not allow development intensities which result in abrupt changes in scale or intensity within the project or between the project and surrounding land uses. t' Approval of the master plan or development plan shall be conditioned to ensure compliance with the above criteria and to preclude future overdevelopment on portions of the project or properties from which trip budgets were transferred. 1. Trip budget transfers shall be recorded against the properties. Therefore, if a property is underdeveloped in terms of its trip budget, there is the possibility that the "excess" trips could be transferrer) to another parcel to augment its trip budget. It should be noted that all the Planned Development (P❑), Town Center (TC), and Shopping Center (Cl-S) zones require Planning Commission review and approval of the land use mix and building location. Mixed -Use OverlaV District and Properties identified in the Housin_q Element In 2626, this specific Plan was amended for consistency with an amendment to the Cit 's Zoning Map, which resulted in the rezoning of several_ properties in the plan area to encourage and facilitate residential and mixed -Use _development. While base zoning districts remain the same the Mixed -Use Overlay District NAUO❑ was applied to several parcels in the PDC, i&R, PDR-HQ, TC C1 and PDl zoning districts within the plan area. The MUDD is an overly district and shall only apply to the parcels identified in the City's Zoning Map. This specific plan shall continue to apply to a property unless specifically superseded by a MUOD project when a property owner chooses to exercise provisions of Article 11 (Mixed -Use Overlay District) of Chapter V (Development Standards of Title 13 Planning and DevelopmentDevelopmenO of the Costa Mesa Municipal Code on a qualifying_ property._ However, it should be noted that projects identified on Lowerdncorne_Housinq Element Sites shall be governed by Section 13- 83.58.e, (Supersession of Overlay) of Article 11, and the provisions of that Section shall supersede and prevail over any conflicting provisions of the underlying base zone including, but not limited to minimum residential densities and capacities, trip -budgets, heights, minimum residential floor area. ministerial review and approval, and permitted uses. and all other 2pp3icabfe zoning provisions, such as other urban plans, overlays, and specific plans, including this specific Ian. UpdatedNavember2001,January2007. Month 2026 14 3 ! ƒ imm Updated Uo*h 2026 § ■ I | FRI 15 ISjwq �-) § � ± % 2 - } f ; / k \ ) § f � II � +� # k $ f» � § a \ = \ 7 7 § f ) ! { k � Q ƒ § & 2 � / $) \ � $ ƒ) � r l L g J 7 { § 2 U Coosta7Me a� 16 North Costa Mesa Specific Plan Updated Month 2026 I 17 North Costa Mesa Specific man e \ � ± a k 2 \ q ƒ \ � �f$ f � k A \ E e ® § \ 7 2 kCS § . / ƒ \� ®t / 0- g a 6 \ § § § \ § e _ (L CL _ CL & 2 E 2 � ) - §- ] \ ƒ \ / j \ J } LLCS L G \ m 2 < { .� � Of ci � ❑ °tl N U U u] Q U a z ❑ Of ❑ a � Q a, w ❑ r[U Q IL pC as U cv Cy 1 - 4 � Q v m _ m c m m Ea m a: N m a o `o a E a m Q m N N m ¢ Id n A r LLI ) Ix U C �6 Ol O a Q C ❑ U a N R C f� ❑ p `❑ r@ u7 E V IC C �` d Ym`1 a m O `k U v v E o m o g Q � o ❑ @ O Z N O m 2 R .`mom' m m G} = L 0 V tl !C id m O ❑1 4 OIim O 3 d r O L) ❑ C.� m a p�j 4� p 3 y E L E O t E L ,`pF t E 7 4. 91 cn t W p ul 71 y L E R 7 U7 47 In �!7 Y7 47 47 LO In 47 co in U � � � La Ql � Y m r L G G 0 L7 Li ''"• N F7 17 N (i r N C7 C+1 [+1 fM1 ��5 [7 to m p tq N y Ct C1 0 O O C7 0 d a a O fl O W �L O 2 o o U) N' �/7 N Lj O Ci 0 Q O Q d! N N NPO L N l� LL � r' 7 C N s6 N � O ❑ � � 07 � � 4C � y N ty Cl R N ❑ m J rym] O O y y C Iqq •IRQ Q H SE 'N R is p y ❑-9 7 'N O 3 l0 Z SIj y Q N o @ O 91 cr 0�� E x m❑� m cr tl5 � rr �/! ❑ Z ❑ E m X Z O p X U C iq fA n C N m m y W C m C m m C Ql @ ❑ J❑ m a S p E c W m y m m❑"" m m H a u y a a m m❑ m r u m N m N, y @ C m N m VyyF N m... .x m ❑mow m N ly6 x 7 C C y E _m N � L 01 41 m C n�7 ."r3 M m N Qs L m m C 41 'C y G1 C❑ m R c m m m a * 'c Icn n m •y C � J a J 3 J Q J 7 J [] r p] ❑- }7 LLJ J 3 J a Q 0 ❑ j N N E N [tl t❑ii C 3 N L1i .0 ❑� � y N N C C � N a =O m C .H. fi N 0] C C fA y N a C .Q Z , m ctt C E 0 0, * @ R ❑ E N N S1 N Tp�y y CL m C 7 N VY j N; 'a y N C V] N 19 0 0.£ C] ❑ A N a m S7 'U j C W a Oi aro y .y.• 'yQ ❑ L y N a y n m T d E ❑ CI C7 _'Q1L m 0 E = E J 00 -a E 7 Q m �`V cl L7 o m U a �ouo •� Wit° a� v'E av2w m= w JU me U ate° Lu 3 o; y w 7 m° c x- m a w E m u7 R V Q CL = EL � G1 m Y7 ❑ .0 y CL] ❑ 7 N m m 3 cu . m u 03 ❑ n R m m E a�i -' E n❑ o❑o m m❑ y m U m `❑ N -u m m m 0.T F a E a 3 !9 a 5 E m m a1° m yam' m m Y C ❑ 01 C Q1 y 2' Q.� y ❑ N 71 N N Q1 W a W m Q `❑ 47 ❑ y f!! a 7 E V! Q. Fyn prom ❑ �rnaa c= 'm m a•-m c u a W rn cqE m❑ m X m o_ E Y` a Cl) E iri m in o r ° Q w m r- a c❑i m i w 0 2 z ❑ is a r ID U J _ t ¢ a p c w E Z LLU =h v C m 2 .N v C 'vl y a E a = v Q G E r m 7 U a a K J O fL '2 ❑ Ei z 0� C] � a 0 0 L] � pE� a-m� Spi Costa Mesa North Costa Mesa Specific Plan Land Use Comp a tibili ty/ln tegra ti o n The plan area and its immediate surroundings contain a variety of land uses that range from single family residential homes to high-rise offices which provide a good mix of housing opportunities, commercial goods and services, entertainment, and employment opportunities in a relatively small geographical area. This mix allows people the opportunity to live near their jobs, and gives residents and employees a full range of commercial services near their homes or jobs. This reduces traffic congestion and improves air quality. Mass transit opportunities are also more easily developed in this type of community setting. Several General Plan policies support the development of mixed -use projects along or near transit routes as a means to improve air quality and reduce traffic congestion.' Mixed use projects also add variety and interest to an area by supporting day and evening activities. The South Coast Plaza Town Center, South Coast Metro Center, and The Lakes projects currently provide the opportunity to live, work, shop and be entertained within a compact and pleasant urban environment. The benefits of having a mix of land uses in an area can quickly be lost if there is not enough forethought in the design and location of diverse uses. Common problems include tall buildings overshadowing adjacent buildings and outdoor areas, late night commercial uses affecting residential areas, heavy truck or automobile traffic affecting access to residential areas, inadequate parking availability, and incompatible land uses being located adjacent to one another. Residential areas are particularly sensitive land uses, but commercial and/or Industrial uses may also be impacted by inappropriate siting of land uses. Figure 5 highlights the location of existing and future residential areas. In 2006, this specific plan was amended to allow high-rise residential development in Areas 4, 5, and 6. See Section 3.0 for additional discussion. It should also be noted that a residential component could be incorporated into any Planned Development Zone in the plan area (see Figure 4 for Zoning). New commercial and industrial developments anticipated by the General Plan are also shown in Figure 5. Noise A major concern related to land use compatibility is noise. The City of Costa Mesa uses the Community Noise Equivalent Level tCNEL) to measure and regulate noise. The City's maximum acceptable exterior noise level for residential areas is 65 CNEL. The plan area's primary source of noise is vehicular and two major sources are the 1-405 to the south and the Costa Mesa Freeway to the east. Likewise, the plan area's major streets are another source of noise. Appendix A provides a list of the existing and General Plan build -put CNEL levels in the plan area. New residential development as well as other sensitive land uses shall be required to comply with the General Plan and zoning ordinance standard of 65 CNEL for exterior recreation areas and 45 CNEL for interior areas. However, for high-rise residential developments, the ' See Policies LU-1A.1, LU-1 F.5, and C I R 1A.9 in Appendix C. Updated January 2007 20 Costa Mesa North Costa Mesa Specific Plan exterior standard of 65 CNEL only applies to common outdoor recreationiamenity areas that are located at the ground level. Recreation/amenity areas located above the ground floor and private patios and balconies are exempt from the 65 CNEL requirement due to the urbanized nature of the overall setting. Mitigation measures may be used in order to achieve these noise levels. John Wayne Airport is located to the east of the plan area. Although the 60 CNEL contour encompasses the area generally east of Avenue of the Arts, the 65 CNEL contour is outside of the plan area, and therefore does not impact existing or future land uses. One heliport is located in the plan area in South Coast Metro Center atop the building located at 555 Anton Boulevard. Updated January 2007 21 0 Z� LP LL i� G � t+ � G 1 C �2� p �,, q� Sti G o y '� E r = iL u) in 1 1 1 �J U) 2 0 ro •L {Q E C ❑ C C � W J 7Z CDStcT Mesa North Costa Mesa Specific Plan Building Heights Existing building heights in the plan area vary from single story single family homes to twenty- one story office buildings. Generally, the high-rise office buildings are located in the South Coast Plaza Town Center and South Coast Metro Center areas; the Metro Pointe area has approval for additional buildings that include two fifteen story buildings. The buildings at South Coast Plaza and Crystal Court vary from one to three stories in height. The General Plan does not establish a general limit on building heights north of the 1-405 but rather contains two policies that provide guidelines for determining the appropriate building height. Policy LU-1 C.1 permits the construction of buildings over two stories or 30 feet only when it can be shown that the building height will not impact surrounding developments. Policy LU-1C.3 prohibits the construction of buildings that present a hazard to air navigation at John Wayne Airport as determined by the Federal Aviation Agency.2 Policy LU-1C.3 is particularly relevant to the plan area, since the portion of the plan area generally east of the Metro Pointe property is within the imaginary horizontal surface of John Wayne Airport. Beyond the horizontal surface for another 4,000 feet is the imaginary conical surface. See Figure 6. These imaginary surfaces are the trigger for requiring special studies and review by the Airport Land Use Commission for Orange County and the FAA. It should be noted that a number of existing buildings in South Coast Plaza Town Center encroach within the imaginary horizontal surface; however, each was determined not to pose a hazard to the airport's operations and were required to install obstruction lighting. Building heights in North Costa Mesa have created public controversy in the past, especially in the Home Ranch area where high-rise development approvals were overturned by the voters in 1988. Table 2 specifies the maximum building heights for the plan area and shall continue to apply to a property unless specifically superseded by a MUO❑ proiect_when a property owner chooses to exercise provisions of Article 11 (Mixed -Use Overlay District�of Chapter V (Development Standards) of Title 13 (Planning and Development) of the Costa Mesa Municipal Code on a gualifying�o�ert . in which case the property may use the height limit in the MUOD or this Specific Plan, whichever is higher; these building height standards recognized existing patterns and surrounding land uses. Any new building proposed at 3 stories or more, that is not part of a residential or mixed -use development on property identified within a sites inventory of the Housing Element, should require a shade and shadow impact analysis in relation to surrounding land uses. It should be noted that Home Ranch has a specific height limitation of five stories and only in the center of the property. Any additional height above five stories (75 feet) would require a General Plan amendment. Exhibit 11 b depicts the height limitations for Home Ranch. 23 Costa Mesa 2See Appendix C for fu I I text of Policies LU-1C.1 and LU-1C.3. Updated January 2007, Month 2026 24 North Costa Mesa Specific Plan it 5Hi7ii?35 �5ba] a]varrns ►arre��rrn �+. 34 M 30A z N W is kf Cc, • S r LU 0 w i Z x rn p r Qa r a !12ULU rw ra zw , r. a � s'LU v y Q k x k w LL U 4 a _0 a s ¢ 3 O J a w z s a J ¢ V7 y U N r y Z N a w 4 Val 61 n f� 25 Costa �Me as North Costa Mesa Specific Plan Table 2- Maximum Building Heights North Costa Mesa Specific Plan SUB -AREA MAXIMUM BUILDING NOTES FIEIGHTI' z AREA 1 Vanes See Exhibit 11b. Home Ranch AREA 2 30 feet -north of South Current development agreement allows buildings up to 15 Metro Pointe Coast Drive (approx. 2 stories) Buildings above 173 feet In height will require a determination of no hazard by the FAA. 90 feet -south of South Coast Drive (approx. 6 stories) AREA 3 85 feet tapprox. 4 stories) None South Coast Plaza and Crystal Court AREA 4 315 feet (approx. 25 stories) Buildings above 173 feet in height w1il require a SCP Town determination of no hazard by the FAA. Center AREA 5 Mid -rise Residential-90 feet Buildings above 173 feet in height will require a The Lakes (approx. 6 stories) determination of no hazard by the FAA. High-rise Residential - 280 feet (approximately 26 stories) Commercial- 110 feet (approximately 11 stories) AREA 6 Varies -See Table 513. Buildings above 173 feet in height will require a South Coast determination of no hazard by the FAA. Metro Buildings which encroach into the setback for Anton cannot exceed 30 feet (approx. 2 stories) within the AREA 7 60 feet (approx. 4 Buildings which encroach into the setback for Anton Blvd. Sakioka Lot 9 stories) and/or Sakioka Dr. cannot exceed 30 feet (approx. 2 stories) within the setback area. AREA 8 North of collector street- 60 Buildings above 161 feet in height will require a Sakioka Lot 2 feet (approx-4 stories) determination of no hazard by the FAA. South of collector street- 120 Buildings which encroach into the setback for Anton feet (approx. 8 stories) cannot exceed 30 feet (approx. 2 stories) within the setback area. 1. All building height measurements reference the height above grade- not mean sea level. 2. The maximum building heights specified in this Specific Plan shall continue to apply Co a property unless s pecificaIl su perseded by a MUD❑ p ra act when a p roperty owner chooses to exercise p revisions of Article 11 (Mixed -Use Overlay District)of Chapter V (Development Standards) of Title 13 Planning and Development)_ of the Costa Mesa Municipal Code on a guaAing property, in which case the higher height limit as between the MUDD and this Specific Plan shall apioly. Updated February 2D01; November 2001; January 2007; November 2007: Month 2026 PW Costa Mesa Circulation North Costa Mesa Specific Plan The oirculation system for the plan area is comprised of three components vehicular, bikeways, and urban rail transit. Vehicular The Master Plan of Highways (MPH) in the General Plan depicts the ultimate circulation system for the plan area and the City as a whole. Figure 7 depicts the MPH north of the i- 405. Two new streets are shown north of the 1-405 as well as two on -ramps and two off - ramps for the 1-405. Susan Street will serve as a new connection between Sunflower Avenue and South Coast Drive north of the Home Ranch site (Area 1), and the unnamed street from Anton Boulevard will provide a connection to Main Street within the Sakioka Farms Lot 2 (Area 8). An on -ramp is proposed from SOLIth Coast Drive and Hyland Avenue and an off - ramp is proposed at South Coast Drive at the west end of the Metro Pointe project. This off - ramp is currently under construction and is anticipated to be complete at the end of 1994. Another on -ramp and off -ramp are proposed for Anton Boulevard at Avenue of the Arts and at the east end of the Metro Center project. Widening and improvements are also either under construction or design for the Fairview Road and Bristol Street ramps. Table 3 lists the Master Plan of Highways improvements that are not yet constructed north of the 1-405. Funding Sources to finance these Improvements are discussed in Section 5.0. Project specific environmental analyses and traffic studies will determine what, if any; street or freeway improvements are necessary for each new development. Circulation improvements can be required south, as well as, north of the 1-405. The new roadways and on- and off -ramps should be designed in concert with site development plans so as to minimize impacts to surrounding land uses. Two major regional transportation projects will also impact the plan area. These projects involve the addition of transit way connectors between the carpool lanes of the 1-405 and SR- 73 freeways and the 1-405 and SR--55 freeways. The second project may require acquisition of additional freeway right-of-way from both Sakioka Lot 2 and South Coast Metro Center. The project could also include an exclusive High Occupancy Vehicle access ramp to the I- 405 Freeway at Bear Street; this project is currently the subject of a supplemental environmental impact report under a cooperative agreement with the Orange County Transportation Authority. The first project may require additional right -of- way from the Segerstrom Home Ranch site and may also include further improvements to the 1-405 beyond Harbor Boulevard. There are a variety of funding mechanisms the City utilizes to fund the Master Plan of Highways improvements including development impact fees and state and local programs, - these are discussed further in Section 5.0 Implementation. In order to reduce vehicular traffic on City streets, the City encourages that Transportation ❑errand Management (TDM) be promoted in large businesses. Updated February 2001. November2001 27 Costa ^Mesa North Costa Mesa Specific Plan TC]M includes a variety of methods including staggered work hours, reduced work days, car and van pooling, etc. Establishment of a TDM Program and a yearly monitoring report is now required as environmental mitigation measures on new projects. Bikeways Bike lanes in the plan area currently exist on Anton Boulevard, Sakiaka Drive, South Coast Drive, Bear Street, and Fairview Road. Figure 8 depicts the location of existing and future bikeways north of the 1-405. General Plan amendment GP-94-03A deleted the bike undercrossing proposed at Avenue of the Arts, and GP-00-05 included the deletion of the I-405 mike undercrossing in the vicinity of Home Ranch and related linkages to South Coast Drive and Gisler Avenue, due to the 1-405 and SR-73 confluence improvements. New development will be required to construct linkages in the City's bikeway master plan in some instances. Consideration should also be given to bicycle storage areas for the larger employment centers to encourage bicycle riding as a form of commuting. Updated February 2001. November 2001 28 ss. �i r r . cc co a [] a G u � N51�itl 3N1 ' �, 15 lO1Sla9 0 v i� IS titl3B Q L7 ul R 2 Is gall 6 a 4 J i N as nA�lnaltl� ng C � »r 0 co J;•, is a49atlN � �. �q G � ++ i cc Qy 4 E a w L aU� Ix ii w m oan" J . 29 Costa M North Costa Mesa Specific Plan Table 3- Master Plan of Highways Improvements North Costa Mesa Specific Plan LOCATION MASTER PLAN IMPROVEMENT ESTIMATED COST INTERSECTIONS Bristol Street and Sun Flower Avenue Add westbound right turn lane. $550,000 Sakioka Drive and Sunflower Avenue Add southbound right turn lane. $229.000 Anton Boulevard and Sunflower Avenue Add 2nd westbound left turn lane. $205,000 Bristol Street and Town Center Drive Add 21 westbound Ieft turn Iane and provide free eastbound $515,000 right turn lane. Bear Street and South Coast Plaza (south) Construct west leg to Metro Pointe development site -add To be constructed eastbound left turn, eastbound through. eastbound right turn by developer and northbound left turn lanes since it is an on - site Improvement. Bristol Street and 1-405 northbound off- Add 40' northbound through. 5th southbound through, 21 $4.289,299 ramp eastbound right, optional westbound left/westbound through, and provide free westbound right turn kanes. Bristoi Street and 1-4U5 southbound ramp Add 4'� northbound through and Free eastbound right turn lanes. Harbor Boulevard and Sunflower Avenue Add northbound, eastbound and westbound right turn lanes. $700.000 Fairview Road and Sunflower Avenue Add southbound and eastbound right turn lanes. $597,000 Harbor Boulevard and South Coast Drive Add northbound right, southbound right westbound right, 2"d $7,191.100 westbound left, and 41h southbound through lanes. Harbor Boulevard and 1-405 Add 4h' northbound through and optional westbound northbound ramps Ieftlwestbound right turn lanes. Harbor Boulevard and 1-405 Add 41h northbound through and 4t11 southbound through lanes southbound ramps and optional eastbound leftleastbound right turn lanes. Harbor Boulevard and MacArthur Add 211 left turn Iane and exclusive right turn lane on $550.000 Boulevard all approaches. Fairview Road and I-405 northbound ramps Convert optional westbound leftlwestbound right to 2111, S791,666 westbound left turn lane and add 2"d westbound right turn lane. Fairview Road and 1-405 southbound ramps Convert optional eastbound leftleastbound right turn lane to $434.849 211 eastbound left turn lane and add 211 eastbound right turn lane. I-405 northbound on -ramps and South New intersection due to added 1-405 on -ramp. $3.109.895 Coast ❑rive)Hyiand Avenue Susan Street and South Coast Drive New Intersection due to Susan Street extension. $864,828 (To be constructed by developer) 1-405 northbound off -ramp and South New intersection (east of Fairview) added with 1-40511'aimew $1,677,295 Coast Drive off -ramp improvement. STREET IMPROVEMENTS Anton Boulevard, Sunflower to Park Center Restripa for six lanes_ $10,000 Sunflower Avenue, Harbor Widen to secondary highway standards $956,425 Boulevard to Susan Street Main Street, from Sunflower to 55 Freeway Provide six through lanes. To be constructed and Funded by the City of Irvine 30 Costa Mesa North Costa Mesa Specific Plan Table 3- Master Plan of Highways Improvements North Costa Mesa Specific Plan LOCATION MASTER PLAN IMPROVEMENT ESTIMATED COST FREEWAYIMPROVEMENTS 1-4051northbound Avenue of the Arts off -ramp Provide new off -ramp. $2,458.020 1-405IAnton Boulevard on -ramp Provide new on -ramp $6,708,200 Southbound 1-405/Bristol Street on-ramp/SR- Provide grade separation of the SB 1-405 Bristol Street on- $15,845,009 55 Connector Braid ramp with the SS-1.405 to NB SR-55 connector. NB 1-405 Bristol Street off-ramp1SB S R - 5 5 to Provide grade separation of the NB 1-405 Bristol Street off- $22,075.707 NB 1-405 Connector Braid ramp with the SB-SR-55 to the NB 1-405 connector. 1-405 Southbound widening - Harbor off -ramp Add general purpose lane on SIB 1-405 from the Harbor Blvd $4,769,792 to Harbor on -ramp off -ramp to the Harbor Blvd slip on -ramp. 1.405 SB widening - Fairview to Bristol Provide auxiliary lane on SB 1-405 from the Fairview on -ramp $616,726 to the Bristol Street off -ramp. 1-405 NB widening - Bristol to Fairview Provide auxiliary lane on the NB 1--405 from the Bristol $4,359,684 Street on -ramp to exit at the Fairview off -ramp NB 1-405 Fairview off -ramp to SR-73 Provide auxiliary lane on NB 1-405 from Fairview Road off -ramp $611.032 connector to the SR-73 connector. 1-405 NB widening - SR-73 to Harbor Provide auxiliary lane on NB 1-445 from the SR-73 connector $741,18>7 to the Harbor Blvd off -ramp. Wden 513 1-405 - Harbor to Fairview Add general purpose lane to SB 1-405 from Harbor Blvd slip $2,149,926 on -ramp to Fairview Road on -ramp. 1-405 NB widening - Fairview to Harbor Provide grade separation of the NS 1-405 Fairview on- $12,535,562 ramp with the Harbor Blvd off -ramp. Updated January 2007 31 32 Costa Mesa !North Costa Mesa Specific Plan Urban Rail Transit The County of Orange and the Central Orange County Fixed Guideway Joint Powers Authority are currently studying alternative alignments for a county -wide rail system which will pass through the eastern portion of the plan area. The system is expected to consist of an elevated light rail facility. Two primary alignments through Costa Mesa are under review. These alignments and alternatives are illustrated in Figure 9. The primary routes are proposed along Bristol Street in Santa Ana and Main Street in Irvine. As the system moves through Costa Mesa, the alignment could stay on Bristol Street and continue along Anton Avenue or shift to Bear Street and continue adjacent to the San Diego Freeway. Each alternative proposes two Costa Mesa stations. One station could be located on either Bear or Bristol Street within existing street right-of-way or in the parking lot of South Coast Plaza. The second could be located on the Sakioka Farms property, Hear the Costa Mesa Freeway. The obvious benefit of urban rail transit is the enhancement of the overall transportation system by providing alternative means for employees, shoppers and visitors to access this portion of the community. However, issues regarding route alignment and station locations have significant urban design and land use planning implications. Major policy issues which must be addressed are: visual impacts of elevated guideway and stations, provision of adequate pedestrian linkages to stations and destinations; appropriate mix and density of land uses surrounding station locations, and demand for parking around station locations. The combination of these concerns may pose practical difficulties for the extension of the urban rail system through the highly developed portion of the plan area as currently proposed. It has been suggested that the route alignment not be extended south of Sunflower Avenue. While this additional alternative Would avoid the design Interface problems, it may not provide adequate service to this major employment and activity center. Additional concerns include development timing in proximity to route and station locations, density transfer of development potential for areas designated for station locations and/or rail routes, and increased density and building intensity beyond the current General Plan. Because of these concerns, a detailed route alignment and station location study for that portion of the system which will be located in Costa Mesa should be undertaken in advance of the final alignment adoption. Updated January 2007 33 34 Co a~M se a Nonconformity North Costa Mesa Specific Flan The 1990 General Plan resulted in the establishment of new lower FARS and density limits on development citywide, The General Plan recognized that the new FARS for commercial and industrial uses would be lower than existing development in many cases, therefore Policy LU-2AA was included. This policy states that in the event of unintentional damage or destruction, the City would allow any legal conforming use in existence at the time of adoption of the 1990 General Plan in a nonconforming development to be rebuilt to its original building intensity as long as such rebuilding would not increase the development's nonconformity. This policy was then codified in the zoning code to state that reconstruction of development destroyed to more than 50% of the market value may occur to its original FAR if all other development standards (setbacks, lot coverage, height, parking, open space, etc,) are met. The City's zoning code also states that in cases of unintentional destruction of up to and including 50% reconstruction could occur without meeting current development standards, In terms of residential uses, the General Plan recognizes development legally built at higher densities. Such existing units may be rebuilt to the same density subject to other standards of the zoning code. In the High Density Residentiat designation in the plan area (i.e., The Lakes), the allowable density or number of units to be redeveloped would be limited to the General Plan density plus a 50% density incentive bonus or the existing number of units, whichever is less. The following table identifies existing commercial and hotel development in the plan area that is nonconforming due to its existing FAR. Table 4- Floor Area Ratio Nonconformities North Costa Mesa Specific Plan PROJECT NAME TAZ(s) GP FAR LIMITS ExtSTINGFAR NOTES Metro Pointe 8 and l l .50retail Only partially developed to date The Development Phases 2 & 3 .60 office Agreement allows 1,01 FAR for Phases 2 & 3, if built -out it will become nonconforming but it will be protected by the Development Agreement for the remainder of the agreement's term. The Lakes 27 .25 retail Wyndham Garden Hotel- The intensity of .35 office 2,08 (3350 Ave. of the Arts) the two hotels Marriott Hotel- 1.3 exceeds the (500 Anton) allowable levels. The other major developments in the plan area are within the allowable FAR and would not be considered nonconforming. Updated January 2007 35 Cos7a Mesa North Costa Mesa Specific Plan There are two different redevelopment scenarios to consider in regards to FAR nonconformity, i.e., reconstruction after unintentional destruction and reconstruction after voluntary destruction. Unintentional ❑estructiOn As shown in Table 4, the nonconformity is limited to one major project in the plan area. For the newer high-rise buildings in North Costa Mesa, it should not be difficult to meet the current standards and reconstruct in case of unintentional destruction, and the General Plan and zoning code have adequate protection for rebuilding nonconforming development that is unintentionally destroyed. Voluntary Destruction A major concern for The Lakes is that if a property owner chooses to demolish a building to redevelop, the new development would need to rneet the FAR limit and current development code standards. In most cases this would mean considerably less development than what exists_ Therefore, it is the intent of this plan to indicate how to calculate the amount of new development that would be allowed if a building is voluntarily demolished. The General Plan states that the FAR is determined on a project -planning basis rather than a parcel -specific basis. Therefore, a strict interpretation of the General Plan in regards to rebuilding after voluntary destruction requires that the FAR be calculated over the entire acreage of the master planned project. But, if such a project were evaluated on a master planned basis in the instance of The Lakes, it is very likely that it would result in the inability to reconstruct anything, since on a project -wide basis both developments would most likely still exceed the General Plan FAR limits even with the removal of an existing building. However, the General Plan also states that development could be evaluated at a parcel - specific level if the project is or can be developed on a single lot and not subdivided at a later date. So although The Lakes is a large planned development, the FAR for the new development can be based on the size of the individual lot. it is reasonable to allow redevelopment either up to the General Plan intensity level for the land use designation or up to the pre-existing development level, whichever is less, in cases where a development on a single parcel is voluntarily demolished. The Lakes has been subdivided so that the apartment complex, two hotels and retail center each occupy their own parcel. Restrictions should be made that indicate that the major open space features of this planned development shall always remain as open space, and that the individual parcels may not be further subdivided. Updated February 2001 36 Costa Mesa Parks and Recreation North Costa Mesa Specific plan As shown on Figure 10, north of the 1-405 and east of Harbor Boulevard there are two publicly owned parks and three privately owned and maintained open space areas They are Wakeham and Wimbledon Parks and the California Scenario, Town Center, and The Lakes sites. There are no school sites, community centers or golf courses in the plan area and none are planned. Wakeham Park is 9.91 acres in size and Wimbledon Park is 3.36 acres, Both are located inside residential tracts. Located south of Anton Boulevard and east of Bristol Street, California Scenario sculpture garden is a 1.5-acre private plaza, which consists of a blend of hardscape, landscaping, sculptures and water features. It is open to the public and is used for passive recreation, gatherings, summer concerts, and as a backdrop for photography and commercials. It occupies an area between high-rise office buildings, retail establishments and parking structures. In conjunction with the approval of GP-00-02 for South Coast Plaza Town Center, the property owner is to preserve and maintain the California Scenario sculpture garden substantially in accordance with its existing configurations and function, commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden. The 3-acre Town Center site is an open space easement located between the South Coast Plaza Hotel, South Coast Repertory Theater and Town Center high-rise buildings. It, too, is open to the public and is used for concerts, various promotions for the arts, seasonal gatherings, passive recreation and as pedestrian access between the buildings. The easement area boundaries were slightly modified in 2001, but were not decreased in size. Locates{ within a mixed -use project east of Avenue of the Arts, The Lakes development contains a large apartment complex, two high-rise hotels and retail buildings. Central to these uses is a 3.3-acre permanent public open space easement, which includes a lake, walkways, plaza area and landscaping. The walkways connect to public pathways at Avenue of the Arts, the various uses in the block and the public sidewalk on Sakioka Drive. Planning Area 5, as defined in the City's Parks, Recreation and Open Space Master Plan (January 1996), is the entire area of the City that is located north of the 1-405. Although the boundaries of the plan area do not coincide directly with Planning Area 5, information is provided regarding Sakioka Farms Lot 1 and Home Ranch. A detailed summary of the findings of the study is included in Appendix B. The study concluded that the plan area has adequate parkland currently; however, the anticipated residential development of Sakioka Lot 1 will create additional demand for a neighborhood park. Additionally, the parkland needs cannot be easily met in the surrounding area. As can be noted on Figure 10, there is not a public park located east of Bristol Street which could serve the Sakioka property. The subdivision of this residential area will require dedication of parkland or the payment of in lieu fees; therefore, if a subdivision is proposed, then the project should meet its neighborhood park dedication requirement ❑nsite. Consideration should also be given to locating the private recreational areas of this planned development in proximity to the public park area. It should be noted that the City's Park and Recreation Dedication ordinance does allow privately developed, owned and maintained open space to be credited against the parkland dedication requirement. In respect to Home Ranch, the development agreement approved in 2001 specified that the property owner would pay the full amount of park dedication in -lieu fees associated with residential development. The 1.5-acre parcel that is to be dedicated for historical resource preservation shall not be used as a credit against applicable in -lieu fees or parkland dedication requirements. 37 mpl !+, Ilrr_� lllilll>!I! n Ilrl1 A !lrlrlll G 1lillA!• � !. lIli[!► ll�fllllll E=IH _r i1`�R►i - +- - • == -_ _ _= -Z _; - rY zi _7 ti�i1� rr� C` Q� �t �3 ■ ` :5 c - !!l111l11► r �k +w !- ! NI- "1 lll11 ' - i %■�Ilil I-i�11llii R p ii _ Cllllilr! 1 ! I ■ � ` � r��lf!lllif!! _ r aliAjj l�R�;r4c 111111f, 1�► 11 1 1 � � ■ 11r►ti;� CHMIMMI 38 a I 4 Zcm � c LL C wLo a W .J Costa Mesa North Costa Mesa Specific Plan Fire Protection Services The need for fire services increases as population and development grow. The Fire Department operates from the City Hall (Administration) and from six fire stations. Station #6, Metro Station, is located in the plan area (on Sakioka Drive) and serves the northeasterly portion of the City. One other fire station is proposed in the General Plan to serve north Costa Mesa as a result of land use intensification. This station is tentatively proposed in the vicinity of Harbor Boulevard near South Coast Drive" it would be the seventh station for the city. The City of Costa Mesa Fire Department participates in a "Central Net" program with the cities of Newport Beach, Santa Ana, Fountain Valley, Huntington Beach, Westminster, and Orange County. The Central Net program provides for quick, mutual aide dispatch of Fire apparatus across city boundaries during major and minor emergencies. A fire protection system impact fee was adopted in January 1989 to fund future fire protection needs in North Costa Mesa. The fee is levied only against the four remaining landowners of five vacant land areas when development occurs. The future development identified as impacting the City's fire protection system includes Home Ranch, South Coast Plaza Town Center, South Coast Metro Center and Sakioka Farms' Lots 1 and 2, and Metro Pointe. However, the fire impact fee was based on development assumptions that are no longer valid since the adoption of the 2060 General Plan. Update of the fire impact fee could possibly include consideration of joint use and funding of Fire Station #7 with surrounding Central Net cities. This would reduce the overall cost to the city and ultimately the cost to new development in each city. A study could also reexamine the needidemand for the seventh station. In conjunction with adoption of GP-00-65, it was determined that the Home Ranch project (Area 1) increased the demand for City fire suppression services in the City's northwest area. The Segerstrcm Home Ranch development agreement includes provisions for the necessary land acquisition, building design, and construction costs. The City of Costa Mesa Fire Department is responsible for determining the timing of land acquisition and fire station construction. If the fire station is ultimately located on Segerstrom Home Ranch, the development agreement allows for transfer of development rights (building square footage and trip budget) to the balance of the Home Ranch project. !n conjunction with the adoption of GP-66-02 and GP-06-03, it was determined that an additional paramedic fire engine was needed. Each of the contributing high-rise residential projects was required to participate in the funding of the new vehicle on a pro -rats basis. Updated November 2001. January 2007. November 2007 39 Costa Mesa 3.0 SUBAREA ANALYSIS North Costa Mesa Specific Plan The plan area is composed of eight unique areas that are analyzed individually as well as in consideration of surrounding land uses. AREA ? - HOME RANCH Existing Land Uses A portion of this 93-acre site is in agricultural production. Cnsite structures include a single- family residence, barn, related farm buildings, and an office building located on Fairview Road. These are all owned by C.J. Segerstrom family. The single family home and barn are identified in the 2016 General Plan in the Historical and Cultural Resources Element. The Segerstrom family, who continue to maintain the house, constructed the farmhouse in 1915. The barn was constructed in 1928. Several farm related structures are located near the house. Single family attached and detached homes, an EMUlex industrial park, and a large IKEA retail/warehouse facility also now sit on the original Home Ranch site. General Plan and Zoning The portions of this site owned by the Segerstrom family and IKEA are designated as Commercial Center by the General Flan and is zoned PDC. The General Plan establishes site specific FAR of 0.37 for the 1927.acre IKEA site and a site specific FAR of 0.64 for remaining 43.6 acres located south of South Coast Drive. In 2001, GP-00-05 was approved for Horne Ranch to allow residential, commercial, office, and industrial uses. The overall allowable square footage was increased to 1,351,698 square feet and trip budget adjusted accordingly. In respect to this specific plan, the Home Ranch area was expanded to include the 30.5 acres located north of South Coast Drive. See following Sub -areas discussion. In 2003, SP-03-02 was approved that reallocated a 2.074-acre portion of Sub -Area B to Sub - Area A to be used as the IKEA parking lot. This reallocation extinguished the square footage development rights attributable to the 2.074 acres, increasing the IKEA site to 19.27 acres and reducing the IKEA site FAR to 0.37 and the overall allowable square footage to 1,319,8-13; the overall trip budget remained unchanged. In 2016, General Plan 2015-2035 was approved adjusting the FAR of Sub -Area B resulting in an increase in the FAR and a maximum development square footage of 1,200,000 SF, Table 4A was modified to reflect this change. Sub -areas The Segerstrom Home Ranch is divided into four sub -areas. Table 4A provides a statistical summary of the maximum number of dwelling units, floor area ratio, building square footage, and the trip budgets for each sub -area. Figure 11 illustrates the boundaries of the sub -areas. Updated November 2 00 1. November 2003. September 2016 40 Costa Mesa North Costa Mesa Specific Plan To facilitate flexibility for Sub -Areas B and C, building square footages and trip budgets may be transferred, provided that the total building square footage, floor area ratio, and trip budget for the combined two sub -areas are not exceeded as delineated in Table 4A. Transfers affecting Sub -Areas A and ❑ are not permitted. Future development in Sub -Area B shall be limited to high quality office, office -related uses, and corporate office/headquarters with subsidiary support functions that may include research and design, minor assembly, light manufacturing, and storage. Retail uses in Sub -Area B shall be limited to those that are ancillary to the office development. Shown below are the development parameters for each distinct sub area. Table 4A- Segerstrom Home Ranch Sub -Areas Land Use Acreage Floor Maximum Units[ Maximum A.M. Peak P.M. Peak Area Square Footage StorieslHeight Hour Trips Hour Trips Ratiol Density A. IKEA 19.27 0.37 FAR 308.000 sf 2 stories/45 feet 43 431 B. Office and 43.572 0.64 FAR 1,200,000 sf 2-5 stories136 - 1 1 Office -related 75feet 1,860 1,788 uses See Figure 11 b C_ Industrial 14.5 0.40 FAR 252,648 sf 1-5 stories/45- 376" 3623 Park 60 feet See Figure 11b D. Medium 16.0 12 136 single-family 3 stories/ 50 feet Density unitslacre attached unitsl Residential 2 stories/27 feet 56 single-family detached units' 102 130 Total Maximum: 192 units TOTAL: 93.34 NA 192 units j 1,760,648 sf 2,381 2,711 N ote: 1 The mix of units Is for illustrative purposes only: the precise mix of product types will be determined during master plan review; in n❑ instance shall the 192-unit maximum and/or the morning and evening peak hour trip budget be exceeded. 2. The 1,200,000 maximum square footage is calculated based on the full acreage originally in Home Ranch which includes acreage transferred to the State of Calffornia for public improvements. This full square footage intensity may be used for development in Sub -Area B. 3. See partial Assignment and Assumption of Development Agreement recorded on 02/05/2004 as Instrument No. 2004000089554 in official records Orange County. Updated September 2016 41 Costa Mesa North Costa Mesa Specific Pkin Land Use Corn patibiIitylintegration The combination and/or transfer of trips shall not allow development intensities which result in abrupt changes in scale or intensity within the project or between the project and surrounding land uses. The Segerstrom farmhouse provides a unique opportunity for preservation of a small piece of the City's agricultural heritage. This two-story home and accompanying barn are familiar sights in the area and stand as a reminder of the farming community that was evident here in the early 1900's. Although the Segerstrom home and barn are designated as Commercial Center on the General Plan Land Use Map, it would be in keeping with Policy HCR-1A.5 of the General Plan to preserve these historical structures. Preservation of these structures in their current location has been accomplished by land use recorded restrictions which include provisions for the long-term preservation of these buildings as historical resources. The property covered by the recorded restrictions is a 1.5-acre site shown in Exhibit 11 a and includes the home, barn, and two related structures. The boundaries of the property may be modified, as approved by the City's Development Services Director, so long as the site continues to include 1.5 acres and all four historic structures. The barn may be relocated within the site. Ownership of the property could remain with the Segerstrom family until such time they wished to transfer the property. At that time, the City, another public agency, or private owner could acquire the site subject to the recorded restrictions for preservation of this valuable community resource. The retention of the farmhouse results in a site design consideration. Non-residential buildings should be set back from the farmhouse site so as to not visually encroach into this area. Buffering could include walls/fencing, landscaping, and/or parking areas. Consideration should be given to physically linking the adjacent development to the farmhouse site with pedestrian paths. The development potential (square footage and trip budget) of the 1.5--acre site has been transferred to the portion of the Home Ranch site located south of South Coast Drive and east of the Susan Street. Mesa Consolidated Water District at one time held a ground lease from the Segerstrom family for a small portion of the property in Sub -Area B and had expressed an interest in acquiring the site. The Water District has since removed all of its facilities from the site, terminated the lease, and abandoned the site. This leaves this site available for development as a part of Sub - Area B. Building Heights The General Plan specifically limits building heights to a maximum of five stories (and only in the project's center) for this site. Five stories approximate a 75-foot height limitation. Exhibit 11 b indicates the various height limits for Home Ranch. The actual siting of future buildings shall take into account surrounding development in order to minimize visual impacts. The use of low- reflective materials For the building's exteriors will minimize glare impacts. In Building Height Area 1 adjacent to Fairview Road, the City of Costa Mesa shall also require a shade/shadow analysis for any building proposed to exceed 30 feet in height in order to ensure that building's shade or shadow does not extend beyond the project site or public rights -of -way. Updated September 2016 42 a �fjjj � r " Z Z-< _- [[[ Ily 1J 3 ly I � � � a I � ' c � a � - o mar E a � ZO c �7 a E q a II uj n c L' LU I! nC$ ao 0C 3 a C ❑ V _ N m = N a_ 0 O j Q� V o 0 V :� r f• to =N CCL �a aoaearr4 - �� n E Z W 7 t A o E M CEO _ IL? � E a L O n a 0 r Q d v :f W �� � a W nn y 43 SOUTH COAST ❑R Existing Office Building w sz Q LL Preservation Area Guest House Barn & Garage f House N Nair: Segerstrom Barn to Ge relocated into PreSorvatl �rn Area. 8aundaries shown are conceptual Conceptual Historic Preservation Area Figure Zia 44 1 \OIL LEGEND 0 2 Stories - 36 ft Building Height 0 2 Stories - 45 ft Building Height �3 3 Stories - 45 ft Building Height La; 4 Stories - 60 ft Building Height 5 Stories - 75 ft Building Height © Single -Family Detached: 2 storiesf27 feet Sinale-Famil►► Attached: 3 stories150 feet 45 f�l 1 1l LL LL SAN DIEGO FWY - 405 N Maximum Building Heights Figure llb Costa Mesa Circulation North Costa Mesa Specific Plan The primary project access/egress points should be aligned with Susan Street and the existing Automobile Club entry to the north. Access to the farmhouse preservation site should be considered from within this area so as to minimize the number of driveways on South Coast Drive. Freeway access improvements in the immediate area include the widening of the Fairview Road off -ramps, both northbound and southbound, and the construction of the new South Coast Drive off -ramp. Both are completed. Final Program Environmental Impact Report No. 1048 for Home Ranch included a preliminary analysis of a Susan Street exit from the new South Coast Drive -Fairview Road- Harbor Boulevard collector road included in the 1-4051SR-73 confluence project. Prior to approval of this additional exit by CalTrans, additional environmental documentation would be required, The Susan Street exit is not required for the Home Ranch project. A future bikeway was shown on the Master Plan of Bikeways traversing this site to South Coast Drive from the 1-405 bikeway undercrossing. However, in conjunction with GP-00- 05, this bike trail undercrossing and related linkages were deleted from the Master Plan of Bikeways. This deletion was necessitated by the CalTrans1FH1NA freeway improvements in the general area. Parks and Recreation The Segerstrom family house and barn may also be considered as meeting a portion of the future park needs for any future residential development north of South Coast Drive. It would not meet any active recreational needs, but serve rather as a cultural/historical center. In conjunction with GP-00-05, the historical reservation area was established. See previous Land Use Compatibility/ Integration discussion. Fire Protection Services Future development plans and environmental analyses for this site need to assess the future fire station in the North Harbor area; i,e,; location and timing of construction. In conjunction with adoption of GP-00-05, it was determined that Segerstrom Home Ranch (Area 1) increased the demand for City fire suppression services in the City's northwest area. The Segerstrom Home Ranch development agreement includes provisions for the necessary land acquisition, building design, and construction costs. The City of Costa Mesa Fire Department is responsible for determining the timing of land acquisition and fire station construction. If the fire station is ultimately located on Segerstrom Home Ranch, the development agreement allows for transfer of development rights (building square footage and trip budget) to the balance of the Home Ranch project. 46 z is-ausiaa a o m m 9 ° tl! IA Q ° p p n- n R I r J m C d _u25 a Q rs 3 Y w Ny m� qr aR Mq�j �Q as y Cl `V =m mN LL _ V `� a. r N A d R c w LU Nto G m Q w mr U N C T a¢ a Q N _ [C l.L Ql m W V .p aj mGGO co W .. d a a -- is a a3a 2 m A = vCL 6 ©na E n 0 Qj0 i-j j c E m E r3 m p c a r ° 3 i7 N Q❑ m Q � a a r 00 ❑ LJ p w _ z a /'� m - V N a m c 7 9 X 0- C. ZD L!. p3p L � Q+CL h Q J � C7 qao I W 0 P`� Cif ao� ❑ ❑ "� "a Y 4a)i m Elw a 0. EL m� w �- � r� - G V �+ A ' � G n 47 Costa Mesa North Costa Mesa Specific Plan ►_1'tix•'F.a,►�l�zrlm Existing Land Uses This 34-acre site contains the Metro Pointe development, which is owned by one property owner and leased on a long-term basis to Arnel Development Company. Existing land uses of this phased development include four office buildings with a total of 289,000 square feet of floor area. This development is composed of four phases, of which Phase 1 is completed and Phase 2 is partially completed. A development agreement governs the development of Phases 2 and 3 only. The agreement allows the construction of 1.285 million square feet of office and commercial development. Approximately 7 acres (Phase 4) are vacant and not governed by the development agreement. If Phase 4 were developed as retail, the maximum square footage would be 153,000-1 if it were developed as office, approximately 183,000 square feet would be allowed by the General Plan. In 1994, City Council approved a revised development plan and development agreement for Metro Pointe that resulted in a significant decrease in the amount of development that was anticipated for the property south of South Coast Drive. Phases 2, 3, and 4 were reconfigured into Phases 2 and 3. The overall floor area ratio for the project, south of South Coast Drive, was established at 0.48. The master plan for this area allows 196,687 square feet of office buildings and 395,600 square feet of retail uses. As of .tune 2002, all but 12,000 square feet of restaurant uses had been developed. General Plan and Zoning This site is designated Urban Center Commercial by the General Plan and is zoned PDC. The 2000 General Plan established the following trip budget For Metro Pointe: Phase 1 98 a. m. peak hour trips 131 p.m. peak hour trips Phases 2 and 3 729 a.m. peak hour trips 965 p.m. peak hour trips Land Use CompatibiIityllntegration The remaining undeveloped portion of Metro Pointe is anticipated for office and commercial development, which are suitable for this area due to the proximity of the 1-405 and Bear Street. A key asset to this location is the proximity of South Coast Plaza and Crystal Court. Pedestrian linkages to both of these areas are essential to the integration of these major and complementary land uses, therefore internal pedestrian paths should connect with the public sidewalks on South Coast Drive. Enhanced public sidewalk design along South Coast Drive as it approaches Bear Street could include wider sidewalks that are tree lined. Improvements to the intersection area of Bear Street and South Coast Drive currently include enlarged and enhanced pavement treatment, and entry monument signage coupled with landscaping for Metro Pointe. Pedestrian oriented directional signage should be added to this intersection area. This signage should provide direction and identification of Metro Pointe, Crystal Court and South Coast Plaza. Updated February 2001 48 Costa Mesa North Costa Mesa Specific Plan Building Heights Building heights shall be a maximum of 30 feet (approximately 2 stories) north of South Coast Drive, and 90 feet (approximately 6 stories) south of South Coast Drive, Circulation The Master Plan of Highways includes a new off -ramp from the 1-405 to South Coast Drive. In addition, Figure 9 indicates the potential for an urban rail station and route alignment along Bear Street in the vicinity of the 1-405. The new off -ramp at South Coast Drive is now complete and operational. Updated February 2001 49 Costa Mesa North Costa Mesa Specific Plan AREA 3 - SOUTH COAST PLAZA Existing Land Uses This 115-acre area contains two large regional shopping centers, South Coast Plaza. The primary property owner is C.J. Segerstrom and Sons. General Plan and Zoning South Coast Plaza is designated as Regional Commercial by the General Plan and is zoned PAC. The maximum FAR for South Coast Plaza (east) is 0.652 with a corresponding square footage of 2.75 million square feet of building; the trip budget is 1,166 a.m. peak hour trips and 5,036 p.m. peak hour trips. The portion of South Coast Plaza located west of Sear Street has a maximum FAR of 0.89 and a trip budget of 293 a.m. peak hour trips and 1,264 p.m. peak hour trips. Land Use Compatibility/Zoning Any future expansion of South Coast Plaza should be of a scale and character that is similar to what currently exists and should be physically linked to the shopping} mall. The pedestrian bridge constructed across Bear Street links the two sides of the shopping plaza, and encourages walking between Metro Pointe and South Coast Plaza. This pedestrian bridge also serves to enhance the physical tie with SCP Town Center. Pedestrian - oriented directional signage should be placed at both the bridge on the east side of South Coast Plaza, as well as at this bridge. Building Heights Building heights shall be limited to 85 feet (approximately 4 stories). Circulation Located at South Coast Plaza (west) is a park -and -ride. Caltrans leases 50 parking spaces on the top deck of the parking structure. The Master Plan of Bikeways includes a new bikeway along Sunflower Avenue. Figure 9 indicates two urban rail alternatives that include route alignments and potential station locations that would affect this subarea. Updated February 2001 50 M LL 7L r 73 0 l4 lu s�sevarufoanv 3 t% n1°i C7p B.L.ACE W L w % ` rZ � m .. a- s s v v a v'D o .1e .sr r ae y N to L.7 p W U] R W ffi f0 p1 ya 831N39 v 9d 1° % — as m 4. LL I ❑❑ tea_ �� a u, a w �La E E E m Co m N o M LS Li E c C is a. o `m Ln o co m Ld - p -- s io�siae E Co m wa m M 0 v '� t -- - w m LL m co Q Lve Ll m m N N C tll cr a c aCL E £ �0 w " Q ¢ m E E m rE �O u7 ux � Gf p m q N w a p of (D U1 W U. D a+ Q 0 W hl 7 0� same � � Cc) +r Ij��Jlj - a � N �b TOT -� - 0 'Lg - W a R N q z W - N moo¢ M H n a� W m m C • y 6 — 32 � �O�0 y i Gj /�■ a m FL•_~ V w C 0 N z a a a m a EME W 2� (� A71 44 W I - J of w L 51 s COsta`l Mesa North Costa Mesa Specific Plan AREA 4 - SOUTH COAS T PLAZA TOWN CENTER Existing Land Uses This 54-acre area is commonly referred to as South Coast Plaza Town Center (SCPTC), and It contains a variety of commercial, entertainment, and high-rise office uses, including the Segerstrom Center for the Arts. The approval of GP-00-02 resulted in a maximum non- residential building intensity of 4,161,813 square feet. The primary entry street into SCPTC is Anton Boulevard, which also serves as the circulation backbone. Many of the existing developments along Anton Blvd. between Bristol Street and Sakioka Drive are oriented to the pedestrian, thereby encouraging walking. An extensive greenbelt/pathway system within the SCPTC's core also links the various buildings and uses. In order to facilitate foot traffic to and from South Coast Plaza, the Unity Bridge has been constructed across Bristol Street. General Plan and Zoning This site is designated Cultural Arts Center by the General Plan and the corresponding zoning is TC. The maximum FAR is 1.77 for the entire project area; this corresponds to a maximurn non-residential building square footage of 4,161,813. The non-residential trip budget for this area is 5,180 a.m. peak hour trips and 6,632 p.m. peak hour trips. The FAR for specific non- residential developments or ownership parcels may exceed the maximum of 1.77, provided that the maximum allowable FARs shown in Table 5A for each sub -area are not exceeded. In 2007, General Plan Amendment (GP-06-02) was approved to allow 535 high-rise/high- density residential units in specific locations in South Coast Plaza Town Center. Table 5A indicates the maximum number of units for each sub -area and the corresponding trip budget associated with the residential uses. See following sub -areas discussion for additional discussion - Sub -Areas The SCPTC was divided into three sub -areas in conjunction with the approval of GP-00-02. These three sub -areas are under separate ownership. Provided in Table 5A is a statistical summary of the maximum floor area ratio, building square footage, and trip budgets for each sub -area. Figures 14A & 14B illustrates the boundaries of the sub- areas. To facilitate flexibility within a sub -area, building square footages may be transferred, provided that the total building square footage, floor area ratio, and trip budget for the affected sub- area are not exceeded as delineated in Table 5A. Transfers between any of the sub -areas are not permitted. Updated February 2001. January 2007. September 2011 ❑ctober2015 52 CostaMesa North Costa Mesa Specific Plan Table 5A- South Coast Plaza Town Center Sub -Area Statistics North Costa Mesa Specific Plan Maximum Maximum Non- Maximum Maximum Maximum Allowable Residential Allowable A.M. Peak P.M. Peak Non- Building Square Number of Hour Trip Hour trip Residential Footage High -Rise Budget Budget FAR Residential Units Pacific Arts Plaza Sub -Area 1(1B.19 acres) Option 1 1.4612 1,160,528 sq. ft. 2 180 2,111' 2,150 option 2 1.55 1,227,978 sq. ft. 0 2.133 2, 150 Segerstrom Center for the Arts Sub -Area 2 (11.21 acres) 1.673 815,285 sq. ft. 8o 283 1,029 Segerstrom Town Center Sub -Area 3 (24.5 acres) Option 1 1.882 2.015,195 sq. ft. 2 275 2,729' 3,453 Option 2 1.98 2,118,550 sq. ft_ 0 2,764 3,453 TOTAL SOUTH COAST PLAZA TOWN CENTER Option 1 1.70' 3,991,008 sq. ft. 2 535 5,123' 6,632 Option 2" 1.775 4,161,813 sq. ft. 8o 5,180 6,632 Maximum floor area ratio calculation includes land dedicated or reserved for right-of-way for the Avenue of the Arts off ramp and associated flood control improvements. This maximum FAR and building square footage may be increased to no more than the option 2 FAR and building square footage in direct relation to the decrease in the maximum number of high-rise residential units. This maximum peak hour trip budget may be increased to no more than the Option 2 peak hour trip budget in direct relation to the decrease in the maximum number of high-rise residential units. I. This alternative includes the 80 high-rise residential units associated with the museum site in Segerstrom Center for the Arts Sub -Area 2. 5. This maximum FAR may not be increased if the 80-unit residential component is not constructed in conjunction with art museum/art academy in Sub -Area 2. Updated February 2001: January 2007; September 2011 October 2015 53 Costa Mesa North Costa Mesa Specific Plan Pacific Arts Plaza Sub -Area 1: GP-06-02 amended the 2000 General Plan to allow high- rise/high-density residential units in the Cultural Arts Center land use designation. In this sub- area, 180 residential 1 high-rise residential units may be constructed at the southwest corner of Park Center Drive and Anton Boulevard in conjunction with the demolition of the existing office building. This would result in a maximum non-residential floor area ratio of 1.46 with a maximum number of 180 high-rise residential units on 1.3 acres that equals 138 units per acre (Option 1 shown in Table 5A). This maximum non-residential FAR and building square footage may be increased to no more than the Option 2 non-residential FAR of 1.55 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option, the maximum allowable non-residential square footage for this sub -area is 1,227,978 square feet with a corresponding FAR of 1.55; see Option 2 in Table 5A. For both Options 1 and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage and associated floor area ratio. As shown in Table 5A. the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units. Unbuift entitlements for this sub -area are shown in Table 513 and Figure 14A & 148. Segerstrom Center for the Arts Sub -Area 2: GP-06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area, 80 residential high-rise residential units may be constructed at the vacant southwest corner of Avenue of the Arts and the Pedestrian Plaza in conjunction with the new art museurnlacademy building. For this sub -area, the maximum allowable floor area ratio is 1.67 and the maximum allowable number of dwelling units is 80 units. Unlike, Sub -Areas 1 and 3, if the 80-unit residential component is not constructed in conjunction with the art museum/academy or fewer than 80 units are constructed, than the maximum allowable non- residential floor area ratio for this sub -area will not increase proportionately. The trip budget for this sub -area is 283 a.m. peak hour trips and 1,029 p.m. peak hour trips. Unbuilt entitlements for this sub -area are shown in Table 5B and Figure 14A & 14B. Segerstrom Town Center Sub -Area 3. GP-06-02 amended the 2000 General Plan to allow high-rise/high-density residential units in the Cultural Arts Center land use designation. In this sub -area on 3.3 acres, the following unbuilt entitlements have been approved. • 200-key hotel (220,000 sq. ft.) and 50 residential units at 3400 Bristol Street. • Office high rise building (336,525 square feet) at 3420 Bristol Street (OR) mixed- use development of office uses (233,170 square feet) in addition to residential units (225 units) at 3420 Bristol Street. In order to be fully implemented, these entitlements require the demolition of the former theater uses (31,500 square feet) which have been demolished and the existing offices uses of 84,025 square feet. This would result in a maximum non-residential FAR of 1.88 with a maximum number of 275 high-rise residential units (Option 1 in Table 5A) in this sub -area - This maximum non-residential FAR and building square footage may be increased to no more than the Option 2 non- residential FAR of 1.98 and associated building square footage in direct relation to the decrease in the maximum allowable number of high-rise residential units. Should the property owner determine not to develop the high-rise residential option in any form, the maximum allowable non-residential building square footage for this sub- area would 54 Costa Mesa North Costa Mesa Specific Plan be 2,118,550 square feet with a corresponding FAR of 1.98, AM Peak Hour trip budget (2 ,764 trips), PM Peak Hour trip budget (3,453 trips)_ This is the Option 2 development scenario shown in Table 5A. Table 5AI0ption 2 describes the maximum buiIdout potentia] for the Segerstrom Town Center for commercial development. The existing buildings may be demolished, and the property may be redeveloped provided that the specified maximum allowable standards for nonresidential development, as shown in Table 5A, are not exceeded. For example, the single -story (with mezzanine) Park Tower annex building (32,316 square feet) on Town Center Drive may be demolished, and new construction may occur within the Segerstrom Town Center area as described in Table 5A. For both Options 'I and 2, Table 5A indicates the a.m. and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage, and associated floor area ratio. As with the maximum FAR and building square footage, the Option 1 a.m. trip budget may be adjusted to be no more than the Option 2 a.m. trip budget in direct relation to the decrease in the maximum allowable number of dwelling units. Table 513 and Figure 14A & 14B provide further detail and illustrations of the permitted development within each of the three sub -areas. Precise building uses, locations, and square footages will be determined in conjunction with final master plan approvals for the SCPTC. Preliminary and Final Master Plan Title 13 of the Costa Mesa Municipal Code sets forth the processing procedures for preliminary and final master plans. Unbuilt entitlements and other proposed development shall require approval of a final master plan by the Planning Commission, or other final review authority as indicated in the Zoning Code. Proposed development may be constructed in a variety of mixed -use or residential development scenarios subject to master plan approval and conformance with the North Costa Mesa Specific Plan. Land Use Compatibilityllntegration The remaining 1.64-acre parcel located adjacent to the Renee and Henry Segerstrom Concert Hail on Avenue of the Arts is in a well-defined urban area. A 140,000 square -foot museum and 80 high-rise residential units are approved for this site. Segerstrom Hall, South Coast Repertory, Samuel Theater, and Plaza Tower are also in the immediate vicinity. Future development of the museum site should be complementary to these surrounding developments, and where possible, linked physically by sidewalks and open spacelgreenbelts. Anticipated development for this area is detailed in Table 58 and Figure 14A & 14B. Street level and pedestrian appeal should also be taken into account during site design. The site design should also consider The Lakes apartments located across Avenue of the Arts, so as to not cause significant shade or shadow impacts. Pedestrian -oriented directional signage should be added within the existing 3-acre open space easement in Town Center. Signage should be placed at key entry points; particularly adjacent to the hotel, to guide pedestrians to the various attractions. Building Heights Building heights shall be limited to 315 feet above grade level. Buildings above 173 feet above grade level in height will require a Federal Aviation Agency (FAA) determination of no hazard. Updated July 2000, July 2002. January 2007, September 2011, October 2015 55 a a w a J z D n! 21kb%l iS 101SIUS I 1 sl8v 3Hi A❑ 3AY f l )+aad Of ZLLI m U a 2 R o co d 7 a N a m ro c u' F- U7 �+ d aai 0 FL a ro m U L 0 o x LL .Lo `] w C U3 .n r � � J. a u7 W m MEE' E E u E y ¢ � E E E 41 _e R C c x x p3 Q. x 0 F 0N m MIS 2 F r2 I � * N � IL 0 c4 � G3 Q N i � 7 N c a E o L d+ LO �+ Ca M a 0 Lii 'JC 'm coz w v a a ci a. Li C LU o 56 LEGEND 0 Future De►•elopmont Area South Coast Plaza Town Contor Note- See iahie 58 for pro1ect infcrmat�on. Conceptual Location of Future Projects 57 N k Figure 14A CostaMesa North Costa Mesa Specific Plan Table 513- Statistical Summary of UnbuiIt SCPTC Components as of 2006 North Costa Mesa Specific Plan Map Unbuilt Entitlements Slated for New Construction Maximum Key approved prior to Demolition Approved in 2006 Building 2006 (sq. ft.) (GP-06-02) Height (above grade level) Pacific Arts Plaza Sub -Area 1 A. 400,000 sq. ft.118-story 1 theater 400,000 sq. ft. of office and 315 ft, agl office and associated (19,200 sq_ ft,) associated parking structure parking structure and parking structure B. None 67,450 sq. ft. 180 high-rise residential units 315 ft. agl office Segerstrom Center for Arts Sub -Area 2 C. Art Museum/Academy None Art MuseumlAcademy 315 ft. agl 140,000 sq. ft. 140,000 sq. ft. And 80 high-rise residential units in a mixed -use development ❑. OCPAC Expansion None 65,000 sq. ft. 315 ft. agl (1,000 seats) Segerstrom Town Center Sub -Area 3 E. Hotel-200-key 2 theaters 200-key hotel (220,000 sq. 315 ft. agl (220,000 sq. ft,) (31,500 square ft.) and a maximum of 50 3400 Bristol Street feet) high-rise residential units in a 84,025 sq. ft. mixed -use development F. Office A. 336,525 sq. ft. office 315 ft. agi office building OR 336,535 sq. ft_ B. Maximum 223,170 sq. ft. office and maximum 3400 Bristol Street 255 residential high- rise units in a mixed — use development Source: City of Costa Mesa May 2006, North Costa Mesa High Rise Residential Projects Program Environmental Impact Report (SCH# 2006011077). UpdatedJuly2000; July2002; January 2007; September2011: October 201 59 Costa Mesa North Costa Mesa Specific Plan Circulation The street network for this sub -area is in place. However, the Master Plan of Bikeways indicates a new bikeway on Avenue of the Arts and Sakioka Drive. The widening of the Bristol Street interchange with the 1-405 is completed. Figure 9 indicates one urban rail alignment to the east of the project site. Parks and Recreation As stated in Section 2, Development Setting, the 3-acre open space/greenbelt easement boundaries were reconfigured and slightly expanded in 2001. In addition, it was secured as part of GP-00-02, as a permanent private open space area in Segerstrom Town Center and Segerstrom Center for the Arts. Also, in conjunction with the Pacific Arts Plaza approval of GP-00-02, the property owner is to preserve and maintain the California Scenario sculpture garden substantially in accordance with its existing configurations and function, commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden. In conjunction with high-rise residential projects, private on -site recreational amenities shall be provided to serve the high-rise residents. These amenities may be located on the ground level, rooftop, and/or on a podiurn. Theater and Arts District Plan A Theater and Arts District (TAD) Plan was prepared in conjunction with the development of Town Center. The TAD Plan details the strategy to foster and enhance a unified look and feel for the area. Entry and monument signs, and other signs identifying the Theater and Arts District prominently include the name of the City. The plan addresses public access and parking fee restrictions for SCPTC parking structures for patrons of the cultural arts facilities; and the financing mechanisms for public street amenities. The TAD Plan is included as Appendix D. Parking Although the project area is composed of multiple ownerships, the parking demand analysis for SCPTC has always considered the project as a single development. Specifically, parking need not be located on the same parcel as the building for which it is required; all parking facilities are to be available to employees and visitors of all South Coast Plaza Town Center uses. Consistent with the historical analysis of parking demand for this project, any future parking studies need to continue to examine the South Coast Plaza Town Center as a single project. Persons who are residents of the City of Costa Mesa attending a cultural art venue during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent (50%) Updated July 2000; July 2002; January 2007, September 201 -F Copt �M North Costa Mesa Specific Plan off the price for parking otherwise applicable to the general public. For the high-rise residential units, the following parking rate range shall be appropriately applied to the residential development in conjunction with approval of any residential final master plan. The parking rate shall take into consideration the shared parking arrangements that exist in the South Coast Plaza Town Center. Tenants: 1.5 to 2.0 parking spaces per unit Guests: 0.5 parking spaces per unit for the first 50 units and 0,25 parking spaces for each unit above 50. Furthermore; in the final master plan for any high-rise residential development, consideration may be given to the feasibility of valet parking, tandem parking, and mechanical lift parking devices in order to fully meet the residential parking demands. Updated July 2000, July 2002, January 2007, September 2011 61 Costa Mesa AREA 5 - THE LAKES Existing Land Uses North Costa Mesa Specific Plan This 27-acre area contains two hotels (492 rooms), the low-rise Lakes apartment/ condominium complex (770 units), and The Lakes retail center (20,400 square feet). This area, located adjacent to the South Coast Plaza Town Center, is in multiple ownership and is nonconforming in terms of what is allowed by the General Plan. A prominent feature of this development is the lake, which is centrally located. The lake is surrounded by pedestrian paths which are linked to the public sidewalks. General Plan and Zoning This site is designated High Density Residential by the General Plan and Is zoned PDR- HD. The maximum density is 20 dwelling units per acre. Site -specific residential densities have been approved for the following sites within the Lakes area. Californian at Town Center at 580 Anton Bou[evaIn 2007, General Plan Amendment (GP-06--02) was approved, and it consisted of a site -specific density increase for the 2-acre retail site to 125 units/acre. This equates to a maximum of 250 units on the site. Additionally, approximately 2,350 square feet of resident - serving commercial/retail uses that are integrated into the high-rise residential development are permitted provided that through the final master plan review process, the applicant can demonstrate the minimal traffic -generation characteristics of this type of retail use. Wyndham Hotel site at 3350 Avenue of the Arts In 2007, General Plan Amendment (GP-06-03) was approved for a 3-acre site located at 3350 Avenue of the Arts. This approval consisted of a site -specific density of a maximum of 44 units/acre for a mixed -use development comprised of a boutique hotel and high-rise residential building. Additionally, approximately 1,740 sq.ft. of retail space and 3,450 sq.ft. for a bar/lounge that are integrated into the high-rise residential development are permitted provided that through the final master plan review process, the applicant can demonstrate the minimal traffic -generation characteristics of this type of retail use. Land Use Compatibilityllntegration The future redevelopment of the retail portion of this property to high-rise residential should consider the pedestrian traffic on Avenue of the Arts and Anton Boulevard, and maintain internal pedestrian linkages to other developments in the block. Pedestrian- oriented directional signage should be placed in proximity to the two hotels (one on Avenue of the Arts and the other on Anton Boulevard). Updated July 3, 2000; July 2002. January 2007, November 2007 62 : &a 3H.L JO ELA¥ 63 § � 0 z ■ � z k ƒ EL \ _ � ± § ? ) f 2 $ 2 f $ [ A 3 �2 <? ) / k d E E <2 # ) 6 LU $ 7 [ c •[ { J ■ � c � e�I § �a| 0 7�2 2 0 &\� o //2 � ❑ § 2 0 f •� w ®� § 0 $ § § \k g 2 2 )A z-j 2 :3 -_� LL a (L CL± E3 � £!B m W { T ®� /!$ J North Costa Mesa Specific Plan Building Heights Mid -rise Residential apartments/condominiums: 90 feet above grade level (approximately 6 stories). Commercial Uses (hotels and retail): 110 feet above grade level {approximately 11 stories) - High -rise Residential condominiums: 280 feet above grade level (approximately 26 stories inclusive of roof -top terraces). Building heights shall be limited to 280 feet above grade level for high-rise residential buildings in the Lakes area. Buildings above 173 feet above grade level in height will require a Federal Aviation Agency (FAA} determination of no hazard. Pursuant to Specific Plan Amendment SP-07-01, a site -specific building height of 270 feet above grade level (304 feet above mean sea level) is allowed for the Wyndham Hotel site at 3350 Avenue of the Arts, contingent upon a valid and current FAA determination of no hazard. Open Space, Parks, and Recreation The lake shall remain as a permanent ❑pen space feature that benefits this entire area. In conjunction with the development of the high-rise residential condominiums, private on - site outdoor recreational amenities shall be provided to serve the high-rise residents. These amenities may be located on the ground level, roof top, and/or on a podium. Amenities located above the ground ievef may be used to meet the minimum open space requirements ❑f the Planned ❑evelopment Residential zone. Parking For the high-rise residential units, the following parking rate range shall be appropriately applied to the residential development in conjunction with approval of any residential final master plan. Tenants: 1.5 to 2.0 parking spaces per unit Guests: 0.5 parking spaces per unit for the first 50 units and 0.25 parking spaces for each unit above 50. Furthermore, in the final master plan for any high-rise residential development, consideration may be given to the feasibility of valet parking, tandem parking, and mechanical lift parking devices in order to frilly meet the residential parking demands. Updated July 2000; July 2002; January 2007; November 2007 M. North Costa Mesa Specific Plan Circulation The street network for this sub -area is in place. The Master Plan of Bikeways indicates a hike lane on Avenue of the Arts and Sunflower Avenue. Figure 9 mdicates one urban rail alignment alternative that follows Anton Boulevard. Nonconformity The existing hotel buildings are considered legal nonconforming structures that would not be subject to a reduction in size if demolished or destroyed. In the event of damage or destruction, the Specific Plan allows any legal conforming use in existence at the time of adoption of the 2000 General Plan in a nonconforming development to be rebuilt to its original building intensity. Therefore, in the event of voluntary demolition of either of the existing hotel buildings, the property owner may be allowed to redevelop to the existing square footage indicated below: ADDRESS EXISTING SQUARE FOOTAGE 500 Anton Boulevard 176,300 3350 Avenue of the Arts 272,000 The open space/lake area shall also remain as open space. In terms of redeveloping the 770 apartmentslcondominiLlms in the event of voluntary destruction, the General Plan allows 20 units per acre plus a 5O% density incentive bonus for a maximum density of 30 dwelling units per acre. This equals 567 dwelling units (on 18.90 acres}, which is 203 units fewer than what exists currently. Updated July 2000; July 2002, January 2007. November 2007 65 Costa Mesa North Costa Mesa Specific Plan The Wyndham Hotel site: In 2007, Specific Plan Amendment (SP-07-01) was approved for the 3-acre site. The Specific Plan Amendment includes a development option that would allow a mixed -use development consisting of a 200-roam boutique hotel and 120-unit high-rise building with approximately 1,740 sq.ft. of retail space and 3,450 sq.ft, for a bar/lounge- This would result in a maximum nonresidential floor area ratio (FAR) with a maximum 120 dwelling units. Development Maximum No. Maximum Allowable Maximum Allowable Option of Hotel Nan -Residential FAR Number of High -Rise Rooms Residential Units Option 1 200 rooms 2,12 FAR 120 units ,Option 2 388 rooms 2.29 FAR -0- The Specific Plan allows development flexibility with regard to the overall mix of hotel rooms and residential units. This is subject to compliance with the following conditions through the final master plan review process: • The applicant can demonstrate traffic -generation characteristics comparable to Option 1 • For mixed use, development may be allowed up to a combined maximum of 320 hotel rooms/dwelling units, provided that the maximum number of hotel rooms in the mixed - use development does not exceed 200 rooms. • The maximum FAR may be increased to no greater than 2.12 FAR in direct relation to the reduction of the residential density from and 44 du/acre, and 2.29 FAR for hotel development; • The maximum allowable number of high-rise residential units may be increased to no greater than 132 units (44 du/acre) in direct relation to the reduction of the nonresidential FAR from 2.12 FAR, 10 The 238 existing hotel rooms may be reduced to allow additional residential units. As shown above, if the property owner decides not to develop the high-rise residential option and voluntarily demolishes the hotel instead, the maximum allowable nonresidential square footage would remain at 2.08 FAR with a redevelopment potential of 60,000 sq.ft. Updated September 2016 66 �OrJtc"1 Mesa Forth Costa Mesa Specific Plan AREA 6 - SOUTH COAST METRO CENTER Existing Land Uses In 2006, this approximate 45-acre area was developed with several office buildings, a health club, restaurants, and retail uses. At one time, the entire South Coast Metro Center was owned by one property owner (Sakioka Farms) and was leased on a long- term basis to various other parties. In the early 2000s, there was a change of ownership and operation of the area, and it is now owned and managed by several different parties. Some parcels are owned in fee, while others are owned by the Sakioka family and leased on a long-term basis to others. For planning purposes only, this area has been broken into four different sub -areas, as described in the following discussions, and shown in Table 6A and on Figure 16a. Portions of the sub -areas have been identified within a sites inventory of the Housing Element. General Plan and Zoning The site is designated Urban Center Commercial by the General Plan and is zoned PAC. In 2000, a site -specific FAR of 0.79 was adopted for this area to allow a maximum square footage of 1,546,180 of non-residential development on the total site area of 44.97 acres (this is the net acreage of the site after all necessary dedications for public improvements). When the 2000 General Plan was adopted in 2002, the trip budget for South Coast Metro Center was established as 1,886 a.m. peak hour trips and 1,994 p, m. peak hour trips for a strictly non-residential development project. In 2007, General Plan Amendment (GP-06-02) was approved, and it consisted of a site - specific high-rise residential development option on a 4.86-acre portion of Area 6 (Sub- Area 1) at a density of 100 units per acre with 6,000 square feet of integrated ancillary retail uses. Additionally, for this residential development option, the Area 6 trip budget was modified to 1,931 a.m. peak hour trips and 1,976 p.m. tweak hour trips. See the following section for a discussion of the four sub -areas and the corresponding allocation of the floor area ratio, dwelling units; trip budget, and building square footages. S u b-A reas The South Coast Metro Center was divided into four sub -areas in conjunction with the approval of GP-06-02. These four sub -areas are under separate ownership and management. Provided in Table 6A is a statistical summary of the maximum floor area ratio, maximum number of residential units, and trip budgets for each sub -area. Figure 16a Illustrates the boundaries of the sub -areas. Trip budgets and caps on residential units do not apply to properties identified within a sites inventory of the Housinq Element. T To facilitate flexibility within a sub -area, building square footages may be transferred, provided that the total building square footage, number of units, floor area ratio, and trip budget for the affected sub -area are not exceeded as delineated in Table 6A. Transfers between the sub -areas are not permitted. Updated July 3, 2000. January 2007 67 Costa Mesa North Costa Mesa Specific Pkii Sub -Area 1: GP-06-02 amended the 2000 General Plan to create a site -specific residential density of 100 units/acre in the Urban Center Commercial land use designation for this 4.86- acre sub -area with a maximum of 484 residential units. In this sub -area, the 484 high-rise residential units and 6,000 square feet of ancillary retail, known as Symphony Towers, may be constructed at the southeast corner of Avenue of the Arts and Anton Boulevard in conjunction with the demolition of two existing restaurants and the relinquishment of a 300- room hotel (200,950 square feet) entitlement. This would result in a maximum non-residential floor area ratio of 0.03 with a maximum number of 484 high-rise residential units at 100 units per acre (Option 1 in Table 6A). Should the property owner determine not to develop any or only a portion of the high- rise residential option, then the unbuilt residential uses may be converted to a corresponding non- residential development provided that the maximum allowable non- residential building Square footage, floor area ratio, and trip budget are not exceeded for the Option 2 development scenario shown in Table 6A. The Option 2 development scenario represents the maximum amount of non-residential building square footage allowed for this sub -area, which is 216, 794 square feet. It is anticipated that this development option would be composed of a 300-room hotel (200,950 square feet) and 15,844 square feet of restaurant uses. For both Options 1 and 2, Table 6A indicates the a.m, and p.m. trip budgets, maximum number of dwelling units, maximum non-residential building square footage. and associated maximum floor area ratio. The maximum building height is 306 feet above grade level for Option 1 and 180 feet above grade level for Option 2- Sub-Area 2: For this 2.57-acre sub -area, the maximum allowable building square footage is 4,000 square feet with a corresponding maximum allowable floor area ratio of 0.036. In 2006, this sub -area was developed with a multi -tenant retail building (545 Anton Boulevard). The maximum building height is 180 feet above grade level. The a.m. and p-m- peak hour trip budget is shown in Table 6A. The Housing Element establishes_ densities on sites within the sites inventory of the Housing Element. Sub -Area 3: In 2000, GP-99-06 was approved for this 19.5-acre sub -area with a maximum building square footage of 525,000 in four buildings for Experian Information Solutions (475 Anton Boulevard)_ The corresponding maximum allowable floor area ratio is 0.62. In 2006, the final building was approved for construction. The maximum building height for this sub- area is 180 feet above grade level. The a.m. and p.m. peak hour trip budget is shown in Table 6A. 68 Costa Mesa Updated July 3, 2000; January 2007 North Costa Mesa Specific Plan Sub -Area 4: For this 18.06-acre site the maximum allowable floor area ratio is 1.02 (800,386 square feet of building area). In 2006, this sub -area was built -out with: Three Office buildings (535, 555, 575 Anton) - 749,230 square feet One Health Ciub (589 Anton) - 51,156 square feet The maximum building height is 180 feet above grade level. The a.m. and p.m. peak hour trip budget is shown in Table 6A. In addition, the Housing Element establishes residential_ densities on a 3.39 acre portion of the sub -area included on its inventory of sites. Table 6A- South Coast Metro Center Sub -Area Statistics North Costa Mesa Specific Plan Maximum Allowable Non- Residential FAIR Maximum Non- Residential Building Square Footage Maximum Allowable Number of Residential Units3 Maximum A.M. Peak Hour Trip Budget3 Maximum P.M. Peak Hour Trip Budget3 Sub -Area 1 (4.86 acres) Option 1 0.03, 6,000 sq. ft.' 484 227 290' Option 2 1.0 216,794 sq. ft. 0 182 308 Sub -Area 2 (2.57 acres) f 0.036 4,000 sq. ft. 0 5 14 Sub -Area 3 (19.48 acres) - 0.62 525,000 sq. ft. 1 0 752 704 Sub -Area 4 (18.06 acres) 1.02 800.386 sq. ft. 0 947 968 TOTAL SOUTH COAST METRO CENTER (44.97 acres) Option 1 0.692 1,335,386 sq.ftz-. 484 1931 19762 Option 2 0.79 1,546,180 sq.ft. 0 1886 1994 a This maximum may be increased to no more than the Option 2 maximum for this sub- area in direct relation to the decrease in the maximum number of high-rise residential units. See text for Sub -Area 1 for additional information. 2 This maximum may be increased to no more than the Option 2 maximum for the total area in direct relation to the decrease in the maximum number of high-rise residential units in Sub -area 1. 3 Maximum Unit counts and Trio Budgets do not apply to properties identified in a sites inventory of the Housing Element. MW Costa Mesa Updated July 3, 2000; January 2007 70 North Costa Mesa Specific Plan Costa Mesa North Costa Mesa Specific Plan Land Use Compatibility/Integration The South Coast Metro Center was planned as in integrated mixed -use office project, including three high-rise office buildings, a four -building office campus, free-standing restaurants and a support retail building, a hotel, and a fitness center in 1999. Subsequent to this initial plan, the easterly 19.5 acres were sub -leased to Experian Information Solutions (Sub -Area 3). The office campus planned for this portion of the site has been developed as Experian's world headquarters and will ultimately contain 525,900 square feet of floor area. Although this area will be developed separately from the balance of the South Coast Metro Center, it is included within the Specific Plan Area 6 planning unit to maintain consistency with past general and specific plan efforts. The further development of this site will result in the continuation of the pedestrian zone on Anton Boulevard, which is primarily located between Bristol Street and Sakioka Drive on both sides of the street. New high-rise residential, commercial and office buildings are encouraged to be located along the Anton frontage in order to enhance and strengthen the pedestrian zone. Although the Experian site will be developed as a stand-alone development, an internal pedestrian connection is provided as a linkage to the balance of the South Coast Metro Center. Encroachment into the building setback area on Anton Boulevard for commercial or mixed - use developments can be considered based on how well the project design accommodates pedestrians and if the parking areas and/or structures are located behind the commercial or mixed -use buildings). Parking areas shall not be allowed to encroach into the street setback, unless they are tucked under the commercial or mixed -use development. The internal pedestrian paths should be conveniently linked to Anton Boulevard. Pedestrian - oriented directional signage should also be provided; the signage would identify key attractions in the plan area. Parking lots/structures are encouraged to be located along the southern and western edges of the site adjacent to the 1-495 and on and off ramps, and not adjacent to Anton Boulevard. Shade and shadow impacts for buildings in excess of 2 stories should also be considered. Building Heights Building heights shall be limited to 1180 to 306 feet above grade level, as shown in Table 6B. Buildings above 173 feet above grade level in height will require a Federal Aviation Agency (FAA) determination of no hazard. Commercial or mixed -use developments that are allowed to encroach into the street setback of Anton Boulevard shall be limited to 2 stories/30 feet above grade level within the street setback. Updated July 3, 2000; January 2007 71 Costa Mesa North Costa Mesa Specific Plan Table 6B- South Coast Metro Center Maximum Building Heights North Costa Mesa Specific Plan Sub -Area 'I Option 1 306 feet above grade level Option 2 180feet above grade level approximately 12stories) Sub -Areas 2, 3, and. 4 180 feet above grade level (approximately 12 stories) Parks and Recreation In conjunction with the development of the high-rise residential condominiums; private on - site recreational amenities shall be provided to serve the high-rise residents. These amenities may be located on the ground level, roof top, and/or on a podium. Parking For the high-rise residential units, the following parking rate range shall be appropriately applied to the residential development in conjunction with approval of any residential final master plan. Tenants 1.5 to 2.0 parking spaces per unit Guests 0.5 parking spaces per unit for the first 50 units and 0.25 parking spaces for each unit above 50. Furthermore, in the final master plan for any high-rise residential development, consideration may be given to the feasibility of valet parking, tandem parking, and mechanical lift parking devices in order to fully meet the residential parking demands. Circulation The Master Plan of Highways shows for this sub -area the recently completed 1-405 on- ramp from Anton Boulevard and the 1-405 off -ramp to Avenue of the Arts. Figure 9 indicates that the alignment for The Center Line urban rail system will follow Anton Boulevard and will terminate at a station at the intersection of Anton and Avenue of the Arts at the northwest corner of the site. As of 2005, the planning process for the Centerline urban rail system had been put on hold indefinitely by the Orange County Transportation Authority. Updated July 3,:2000-1 January 2007 72 'a w a LL l }" 7 LU r— w GO r I ►r ¢ - f L -- SLb[V 3HL :10 3Ad I I i - - - -- d IIS 0 73 ik w ZZ uU a U- ❑� If m _j 0 LLI in Z E a (j0 o -U a h o E m (} a E m N p E! Z p 7 �Ll- Co V ,� 0 Z C C N Z E - �c 0 s N m <w Cl m M a s a wn a� r= _ E mx w x x x <w0 °C7N E n E X wG[7 �^Y y L at En a {!3 N C a.+ � o 47 ram+ coo Q7 Cl) H S C] i c s- p = Q .0 tea* m is's tCF i W r G a 'R v) L V a' v E on a m C. a CL LL M U- W • a °r W _ �� SO C z m o 74 Costa Mesa North Costa Mesa Specific Plan AREA i - SAKIOKA LOT 7 Existing Land Uses This 40-acre site is designated for residential development and is largely vacant except for the Metro Fire Station. Excluding the station, this site is owned by Sakioka Farms. General Plan and Zoning This site is designated High Density Residential by the General Plan and is zoned PAR- NCM. The maximum density is 25-35 units per acre. Land Use Compatibility/Integration This parcel is slated for residential development at a density of 25-35 units per acre (approximately 1.411 units). This density will result in multiple story buildings. Although there are high-rise apartment buildings to the west of the site (The Lakes), existing development in Santa Ana to the north is primarily single family homes as well as a church. In addition, Lot -1 surrounds the newly constructed fire station. Future residents need to be made aware of the fire station as well as the heliport that is located in the South Coast Metro Center Lion top of the Bank of America Building). In terms of site design, buildings in excess of 2 stories should be evaluated for shade and shadow impacts on surrounding land uses. Vehicular access to and from Sunflower Avenue should be limited. Open space, recreational uses and/or parking areas, as opposed to dwelling units, should be located adjacent to the fire station property. Pedestrian access to Anton Boulevard and Sakioka Drive should be provided; although mid -block crossings of Sakioka Drive are to be discouraged. Residential buildings should also be oriented away from Sunflower Avenue as much as possible in order to minimize noise impacts. 75 LL e IL�L{L C 7m R m v � m 4A m E fTfTr1-rr�n a C m a % F 3 F m o di m v ) c cc m a � a �► Q �' o C� J E C M N 41( JJ0 X U — E C LU 4 = o� e = �_— b (n d a c m o 3 4 z m a o 5 ci m v¢i ti m°�° E E E E E E E E x is x x Q ❑ ®R E I saad 3}li �0 3I5V- L p N J E o LL W .0 _ LL [� LL ? y C Isiisiaa � V1 iCi -T E� O W L O = C C o W �E- Of �= �L.E j �_ ❑ a d E� Z a m a a` 0 0- LU s�a W d a IsaV3a xC0 76 Costa Mesa Mixed -Use North Costa Mesa Specific Plan The Planned Development zoning does allow for a complementary neighborhood commercial component for this site. The General Plan states that the commercial development must have a FAR and population density that are the same as the Neighborhood Commercial designation. (See Table 1). The integration of commercial development and residential units in one building is allowable. If this site is developed as a mixed -use project with distinct residential and commercial components, the nonresidential FAR standard and the residential density standard shall apply to each of the respective components. If the site is developed as mixed -use with neighborhood commercial development combined with residential units in one buildings), it is no longer possible to calculate the FAR and density. In these mixed -use developments, each 1,000 square feet of commercial development shall result in one less dwelling unit subtracted from the total number of dwelling units. For example, a 50,000 square foot retail center shall reduce the base density from 1,008 units to 953 units. Should a density bonus for affordable units be obtained, the decrease in units shall be applied to the market rate units not the affordable units. Any development proposal that includes a commercial component shall require a traffic analysis to ensure that the affected circulation system will continue to operate pursuant to General Plan standards, both at the time of project completion and at build -out of the General Plan. In order to provide a continuation of the commercial uses on Anton Boulevard; any retail proposed for this property is encouraged to locate at the intersection of Sakioka Drive and Anton Boulevard and be easily assessable to pedestrians. Reduced building setbacks for commercial or mixed -use developments on both street frontages can be considered based on how well the project design accommodates pedestrians and if the parking areas and/or structures are located behind the retail or mixed -use building(s). Parking areas shall not be allowed to encroach into the street setback, unless they are tucked under the commercial or mixed -use development. Density Bonuses This site, which is zoned Planned Development Residential -North Costa Mesa (PDR- NCM), has an allowable density range of 25 to 35 dwelling units per acre. As stated in the Costa Mesa Municipal Code, 25 units per acre is the base density and the provision of affordable housing shall be necessary to reach the maximum of 35 units per acre. The PDR standards do include a reference to the provision of low and moderate income housing as one of the criteria to move up the density scale. Neither the General Plan nor the zoning code set parameters for how much affordable housing or what level of affordability is necessary to achieve the requirement within the PDR-NCM zone. Therefore, this Specific Plan further clarifies the necessary affordable housing parameters. It should be noted that the PDR standards require that other criteria also be met in order to achieve the density increase. 77 7 Costa Mesa North Costa Mesa Specific Plan Within the plan area, only The Lakes includes affordable units. Within The Lakes, 20% of the units (i.e. 154 units) are affordable to low income households. For this project, the standard for low income is based upon the Orange County Bond Program which uses Chapman University income rates instead of HUD/California Government Code income rates. The Bond Program also uses an 80% of the median income figure of Chapman University to determine low income instead of the 60% of median used by HUD and the State. According to the City's density bonus ordinance, if a proposed project includes affordable units which meet the income and percentage requirements, then the City shall give a minimum 25% density increase, as long as the density bonus does not exceed the General Plan maximum density {for Sakioka Lot 1 that is 35 units per acre}. The density bonus ordinance has minimum requirements of either providing 20% of the total units as affordable to low income households or providing 10% of the total units as affordable to very low income households. At 40.3 acres, the Sakioka site's base density (25 units/acre) equals 1,008 dwelling units. A 20% low income requirement, therefore, would equal 202 low income units, and a 10% very low income requirement would equal 101 very low income units. An increase in density from the base of 25 units/acre to 35 unitslacre equals 40%, therefore, increases in density in excess of 25% shall require a larger percentage of the units to be affordable. The City's density bonus ordinance defines very low and low income households and rent pursuant to the California Government Code. Previously, the state density bonus provisions were geared toward a provision of 25% of the base units as affordable to low or moderate income households. With the shift to lowered income affordability came a corresponding percentage requirement reduction. The minimum density increase standard for Sakioka Lot 1 could be either compliance with the City's density bonus ordinance, or compliance with the 25% low to moderate income standard with a limit of 15% of the total units allocated for moderate income. Provision of the affordable units off -site is allowed by the density bonus ordinance and may be appropriate for Sakioka Lot 1 if the off -site location is within the North Costa Mesa area. Presently, the City is at risk of losing the affordable units at The Lakes for which the 10-year terra of affordability will expire in 1997. If continued affordability of those units at The Lakes could be tied to development of Sakioka Lot 1, then credit could be given for density increase on Sakioka Lot 1. Although the existing affordable units at The Lakes do not meet the City's density bonus definition of low income, they could be counted towards the required low income housing provision if the affordable housing Option 2 (Table 7) is chosen. Thirty additional years of affordability beyond 1997 should be acquired, if off -site low income affordable housing credit is to be granted. Table 7 illustrates the alternative methods by which density Increases can be achieved for Sakioka Lot 1 to the maximum of 35 units/acre through the provision of affordable housing. It should be noted that other standards of the PDR zone must also be met, and any density increase granted for this site shall include the provision of affordable housing. All affordable housing provisions shall be for a minimum of 30 years. V11 Costa Mesa North Costa Mesa Specific Plan In mixed -use projects (i.e., commercial and residential projects) which require a decrease in the total number of dwelling units, the decrease in units shall be applied to the market rate units not the affordable units. Building Heights The rnaximum building height shall be 60 feet (approximately 4 stories) for residential uses and mixed -use development. In mixed -use developments, the commercial components shall be limited to first 2 stories of any building. Commercial or mixed use developments that are allowed to encroach into the setback of either Sakioka Drive and/or Anton Boulevard shall be limited to 2 stories/30 feet within the street setback. Circulation The street network for this sub area is in place. The Master Plan of Bikeways indicates a new bikeway on Sunflower Avenue. Figure 9 indicates one urban rail alignment alternative that follows Anton Boulevard. Parks and Recreation Should a public park be dedicated on Sakioka Lot 1 or a privately developed, owned and maintained open space be credited against the park dedication requirement, the park development and amenities should reflect the urban character of the area. The Lakes apartment complex (779 units) to the west of the site has very few school aged children (only 12 students attended Newport Mesa Unified School District in the 92/93 school year). Therefore, if a similar high density residential development is proposed on Lot 1, parkland development should be geared primarily to adults. Consideration should also be given to locating the private recreational areas of this planned development in proximity to this park area. 79 E! 0. LLJ W z o m Z D a Z D ❑ a -j U-Lu 3 Z Z M N ED w N �r0 trY N ra + o US t US !Z L U Q CD F CIS H a LA F.., 1"0.� 4i7 Z D o Ln N Z m ❑ 0 0.' J U)w Z D Z D C7 (�7 .,0-0 CN LO N N 0. 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Two single family homes are located along Sunflower Avenue. Lot 2 is owned by Roy K. Sakloka & Sons. General Plan and Zoning This site is designated Urban Center Commercial by the General Plan and is zoned PDC. Development Standards and Trip Budget The development intensity for planned development (i.e. master plans) on Sakloka Lot 2 is limited by the following - The trip budget for this site is 1,062 a.m. peak hour trips and 1,407 p.m. peak hour trips. Except for development on properties identified within a sites inventory of the Housing Element, the trip budget shall not be exceeded for the aggregate development on Sakioka Lot 2._ Planned Development Standards of the PDC zone are applicable to the site, unless otherwise indicated in the North Costa Mesa Specific Plan. • A maximum -1.0 Floor -Area -Ratio applies to nonresidential development. Nonresidential development is also subject to the trip budget limitation, applicable development standards of the PDC zone, and consistency with the General Plan. except for development on properties identified within the sites inventory of the Housing Element. • The maximum residential density (dwelling units per acre) is 28 dwelling units per acre for the residential component of a mixed -use development on a single legal parcel (See "Mixed -Use" discussion) or a maximum of 80 dwelling units per acre for an independent residential development that incorporates affordable housing (See "Affordable Housing 1 Density Bonus discussion). An independent residential development is defined as a development in which separate legal parcel (or parcels) is entirely developed as a residential use and therefore does not include commercial uses on the same legal parcel. The foregoing limitations do not apply to properties identified within a sites inventory of the Housing Element, which have the maximum_ density specified in the Housing Element. • Maximum building height of 8 stories per Airport Land Use Determination dates May 26, 2016 and as reflected in 2015-2035 General Plan. The projected trip generation for land uses proposed for Sakioka Lot 2 will be based on latest edition of Trip Generation, Institute of Transportation Engineers. The methodology will 81 Costa Mesa North Costa Mesa Specific Plan consider reasonable allowances for trip credits due to internal capture and pass -by trips. Internal capture credit refers to trips for various uses proposed within the parcel that can be accomplished without having to leave the facility. 92 7" Costa Mesa North Costa Mesa Specific Plan For example, an office complex could have restaurants and other ancillary uses which may not generate new trips - rather serve tenants within the complex. Other examples include conference room and fitness facilities. Pass -by trips refers to trips that are already on roadway adjacent to the development and use the facilities. Pass -by trip credits are limited to retail rises. The credits allowed for internal capture and pass -by trips will be determined by the Transportation Services Manager. The net trip generation after credits will be compared to the trip budget to determine if the proposed development is within the limits prescribed in the North Costa Mesa Specific Plan. Land Use Compatibility/Integration Future development of this site is anticipated to include mid- and high-rise office buildings as well as support commercial and a variety of residential typologies. Shade and shadow impacts for buildings in excess of 2 stories should be considered in relation to surrounding land rises. Site design should limit vehicular access to and from Sunflower Avenue. New commercial and office buildings are encouraged to be located along the Anton frontage. Encroachment into the building setback on Anton Boulevard for commercial or mixed -use developments can be considered based on how well the project design accommodates pedestrians and if the parking areas and/or structures are located behind the commercial or mixed -use buildings). Parking areas shall not be allowed to encroach into the street setback, unless they are tucked under the commercial development Parking lots/structures should be located primarily along the eastern edge of the site adjacent to the Costa Mesa Freeway and the new on -ramp. Internal pedestrian linkages to Anton Boulevard should be provided. Mixed -Use The PDC zoning does permit mixed -use development including residential and nonresidential uses as complementary uses. The residential component of a mixed -Use development shall be limited to a maximum density of 28 dwelling units per acre. This maximum density only applies to residential uses as complementary uses to commercial uses within a mixed -use development. It does not apply to an independent residential development that does not include commercial uses on the same legal parcel, or to mixed -use development on properties identified on the sites inventory of the Housing Element. Total residential building intensity for the entire 33-acre site shall not exceed the maximum allowable development intensity as set forth in the Housing Element. The Costa Mesa Freeway, SunfiowerAvenue, and Main Street represent significant airquality and noise sources that will impact the siting of residential units and other sensitive land uses. Existing ambient air quality may exceed state and federal levels for carbon monoxide; therefore, significant mitigation measures may be required. Acceptable interior and exterior noise levels for residential uses would need to be achieved. An appropriate interface between the office buildings and residential uses would also be required. Updated July 2002, September2011. September 2016, Month 2026 83 �6 UJ Ll 'z- 84 z W W J z� LL v — a a C A 8 O ® C Ea o'SyE w a � U $ ❑ �gw= E M o L o o nt p cr `o r 0 m � w 10 O Q r C 4 p W C C011 0 -Rol J •P r- 4 ❑ n A a 2 Yil o o a c M' to n 4 r n ra a c t r CO C 6d0. E E E E w 0 4��n Q>7 a❑ C C H U N x x x a K s a o ,: D 2 r- m �. r ° Y ❑ Q . o� W � � °••' 'o � arc a as CO Li Li a° a a V `1 Costa Mesa North Costa Mesa Specific Plan Affordable Housing and Density Bonus tSee California Government Code Section 65915 for Current Densitv Bonus Law Information) ... I— -..... ..........-, ...... ---- ...,7, ..... .................. ..........1 ......... ..... .... I.. Tnh�-� Total building intensity for the entire 33-acre site shall not exceed the maximum allowable development intensity as set forth in the Housing Element of the General Plan the trim budgets. - The maximum Rumber of dwelling units any density bonuses) for Sakloka Lat 2 is 0 of the following three Options shown On the fbilewing table. All aftFdable housing p chill be for a Minimum of 30 yeaF+ Table 8- Sakioka Lot Z Density Bonus Program North Costa Mesa Specific Plan MAXIMUM BASE AFFORDABLE HOUSING CATEGORY' DENSITY BONUS DENSITY CRITERIA OPTION 1 REQUIRED PERCENT OF 10% BASE DENSITY TO BE VERY LOW INCOME' AFFORDABLE 526 UNITS,[ # OF AFFORDA BLE UNITS 53 UNITS OPTION2 LOW REQUIRED PERCENT OF 2096 BASE DENSITY TO BE INCOME' AFFORDABLE # OF AFFORDABLE UNITS 10B UNIT$ OPTION 3 REQUIRED PERCENT OF 10%LOW & 15% MODERATE BASE DENSITY TO BE LOW & MODERATE INCOME' AFFORDABLE #oF AFFORDABLE UNITS 132 UNITS 25% DENSITY BONUS 132 UNITS TOTAL UNITS 660 NOTES' Very Low, Low, and Moderate determinations are based on HUD definitions and income limits, adjusted for family size. The total number of units assumes that other criteria of the Planned Development Commercial Zone have been met regarding density increases. Density Bonus as provided herein, or as otherwise provided for by state. law (Government Code 65915) 4. Maximum densities per the Housing Element and State Density Bonus Law. - ,.}(7laTKil ■ 85