HomeMy WebLinkAboutPH-4 - 26-174 - Planning Commission Resolutions - 3/17/2026RESOLUTION NO. PC-2026-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA,
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COSTA
MESA ADOPT AN ORDINANCE TO AMEND TO TITLE 13 0F THE CITY'S MUNICIPAL
CODE (PLANNING, ZONING, AND DEVELOPMENT) TO REZONE HOUSING
ELEMENT OPPORTUNITY SITES AND IMPLEMENT SPECIFIC HOUSING ELEMENT
PROGRAMS (PCTY-2025-0008)
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA FINDS
AND DECLARES AS FOLLOWS:
WHEREAS, California Government Code Section 65580 et sec. (State Housing
Element Law) requires each city and county to adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, programs, quantified objectives, and sites to further the development,
improvement, and preservation of housing;
WHEREAS, the City's Sixth Cycle (2021-2029) Housing Element was adopted by
the Costa Mesa City Council on February 1, 2022, through Resolution No. 2022-06 and
amendments adopted on November 15, 2022 through Resolution No. 2022-67, and as
revised as recently as March 1, 2023 to incorporate non-substantive changes as
authorized by the City Council;
WHEREAS, the rezoning of Housing Element Opportunity Sites is necessary to
establish the densities prescribed in the adopted Housing Element;
WHEREAS, the rezoning of Housing Element Opportunity Sites is exempt from Title
13, Chapter IX Special Land Use Article 22, An Ordinance to give the People of Costa
Mesa Control of Their Future (Measure Y) pursuant to Costa Mesa Municipal Code Section
'l 3-200.1 06(g);
WHEREAS, this Ordinance would add Section 13-83.58 "Properties Identified in the
Housing Element" to Title 13, Chapter V Development Standards, Article 11, Mixed-Use
Overlay Districts, specific to rezoning Housing Element Opportunity Sites with a minimum
density of 20 units per acre and at least 50 percent residential use, with maximum densities
prescribed in the Housing Element;
ATTACHMENT 9
WHEREAS, the development standards and application processing in Section 13-
83.58 "Properties Identified in the Housing Element" were designed to encourage and
facilitate housing at densities over 20 units per acre with objective development standards;
WHEREAS, this Ordinance would amend the following Chapters in Title 13 of the
Costa Mesa Municipal Code to implement Housing Element programs and comply with
State law:
a. Chapter 1, Article 2, Definitions
b. Chapter 1, Article 3. Review Authorities
c. Chapter Ill, Planning Applications
d. Chapter IV, Citywide Land Use Matrix
e. Chapter V Development Standards, Article 13 Mixed-Use Overlay District
f. Chapter Vl, Article 1, Residential Districts
g. Chapter IX, Article 8, Motels
h. Chapter IX, Article 15, Reasonable Accommodations
i. Chapter IX, Article 18, Emergency Shelters
j. Chapter Xll, Article 3, Transportation System Management
k. Chapter XV, Group Homes
I. 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)
WHEREAS, a Study session was held by the Planning Commission on January 26,
2026 with all persons having the opportunity to speak for and against the amendments;
WHEREAS, a duly noticed public hearing was he!d by the Planning Commission on
February 9, 2026 with all persons having the opportunity to speak for and against the
amendments;
WHEREAS, on November 15, 2022, the Costa Mesa City Council adopted
Resolution No. 2022-67, certifying and adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites
for the Sixth Cycle (2021-2029) Housing Element, which provided environmenta[
clearance for the adoption of the Housing Element;
WHEREAS, the proposed amendments implement a schedule of actions contained
in the approved Housing Element pursuant to Government Code Section 65583 and do
not allow the construction of a distribution center, or oil and gas infrastructure, accordingly,
the proposed amendments are statutorily exempt from CEQA pursuant to Public
Resources Code Section 21 080.085(a) (an exemption also known as SB 131 );
WHEREAS, the CEQA statutory exemption For this proposal reflects the
independent judgement of the City of Costa Mesa.
NOW, THEREFORE, based on the evidence in the record the Planning
Commission, in its independent judgement, hereby RECOMMENDS APPROVAL of the
Zoning Code amendments incorporated herein as Attachment I Exhibits A through M:
* Exhibit A: Chapter 1, Article 2, Definitions;
* Exhibit B: Chapter 1, Article 3, Review Authorities;
* Exhibit C: Chapter Ill, Planning Applications;
* Exhibit D: Chapter IV, Citywide Land Use Matrix;
* Exhibit E: Chapter V, Development Standards, Article 11 Mixed-Use Overlay
District, Properties Identified in Housing Element;
* Exhibit F: Chapter Vl, Article 1, Residential Districts;
@ Exhibit G: Chapter IX, Article 8, Motels;
* Exhibit H: Chapter IX, Article 15, Reasonable Accommodations;
* Exhibit l: Chapter IX, Article 18, Emergency Shelters;
* Exhibit J: Chapter Xll, Article 3, Transportation System Management;
* Exhibit K: Chapter X\/, Group Homes;
* Exhibit L: 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); and
* Exhibit M: Zoning Districts Map.
BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
the activity as described in the staff report, and in compliance with all applicable federal,
state, and local laws.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase
or portion of this resolution, or the document in the record in support of this resolution, are
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining provisions.
PASSED AND ADOPTED this 9th day of February, 2026.
Costa Mesa Planning Commission
ST ATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
1, Carr"ie Tai, Secretary to the Planning Commission of the City of Costa Mesa, do
hereby certify that the foregoing Resolution No. PC-2026-03 was passed and adopted at
a regular meeting of the City of Costa Mesa Planning Commission held on February 9,
2026 by the following votes:
AYES:Harlan, Andrade, Dickson, Klepack, Martinez, Rojas
NOES:Zich
ABSENT:None
ABSTAIN: None
Carrie J-acretary
Costa Mesa Planning Commission
Resolution No. PC-2026-03
Attachment 1
Exhibit A
Article 2
Definitions
§ 13-5. Purpose.
The intent of this article is to define certain words and phrases which are used in this Zoning
Code. Additional definitions may also be given in conjunction with the special regulations
contained in Chapter IX, Special Land Use Regulations, and Chapter Xll, Special Fee
Assessments.
(Ord. No. 97-11, § 2, 5-5-97)
§ 1 3-6. Definitions.
Abutting. Sharing a common boundary, of at least one point contiguous to, having district
boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-
way, or street).
Accessory building. A building or part of a building which is subordinate to, and the use or
which is incidental to that of the main building or use on the same lot.
Accessory dwelling unit (ADU). See Chapter V, Article 2, section 13-35.
Accessory use. A use incidental and subordinate to and devoted exclusively to the main
use of the land or building thereon that does not change the character of the structure or
use.
Accessory use, residential. A use that is a part of, and clearly incidental and secondary to,
a residence; located on the same lot as a residence; and that does not change the
character of the residential use such as:
(a) Accessory dwelling unit (ADU)
(b) Home occupations
(c) Personal property sales (i.e., garage or yard sales).
Adjacent. Same as abutting, but also includes properties which are separated by a public
right-of-way, not exceeding 120 feet in width.
Adult business. See Chapter IX, Special Land Use Regulations, Article 1, Adult
Businesses, for specific definitions and terms.
Alcoholism or drug abuse recovery or treatment facility. Adult alcoholism or drug abuse
recovery or treatment facilities that are licensed pursuant to section 11834.01 of the
California Health and Safety Code. Alcoholism or drug abuse recovery or treatment
facilities are a subset of residential care facilities.
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
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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
r;oof framing.
Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding
the sun or providing an architectural accent.
Basement. A space wholly or partially underground and having more than 1/2 of its height,
measuring from floor to ceiling, below the average grade. If the finished floor level directly
above the basement is more than four feet above grade at any point, the basement shall
be considered a story.
Boardinghouse. A dwelling unit, other than a hotel, wherein rooms are rented under two or
more separate written or oral rental agreements, leases or subleases or combination
thereof, whether or not the owner, agent or rental manager resides within the dwelling unit.
Boardinghouse, small means two or fewer rooms being rented to a maximum of three
occupants per dwelling unit. Boardinghouse, large means three to six rooms being rented
to a maximum of six occupants per dwelling unit. Boardinghouses renting two or fewer
rooms and having more than three occupants, or renting more than six rooms and/ or having
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more than six occupants, per dwelling unit are prohibited.
Building. Any structure having roof and walls and requiring permanent location on the
ground, built and maintained for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
Building height. The distance from the finished grade (as defined in this section) to the
highest point on the roof, including roof-top mechanical equipment and screening.
Building, main. The building or buildings within which the principal use permitted on the lot
is conducted.
Carport. A permanent, roofed structure, not completely enclosed which is used for vehicle
parking.
Central administrative office. An establishment primarily engaged in management and
general administrative functions performed centrally for other establishments of the same
company.
Churches and other places of religious assembly. A type of assembly use which has the
principal purpose of religious worship and for which the primary space is a sanctuary.
Religious activities and services held in the sanctuary are conducted at scheduled times.
The use may also include accessory facilities in the same or separate building that includes
classrooms, assembly rooms, restrooms, kitchen, and a library. Other uses such as, but
not limited to, day care facilities, nursery schools, schools, retail sales, and services to
businesses, are not considered a primary function of churches and other places of religious
assembly.
Cigar bar. See Smoking lounge.
City. City of Costa Mesa.
Common area. Those portions of a project area which are designed, intended or used in
common and not under the exclusive control or possession of owners or occupants or
individual units in planned development projects or common interest developments.
Common interest development. A development as defined in State Civil Code section 1350,
containing two or more common interest units, as defined in Civil Code section 783; a
community apartment project, as defined in State Business and Professional Code section
11004, containing two or more rights of exclusive occupancy; and a stock cooperative, as
defined in Business and Professional Code section 11003.2, containing two or more rights
of exclusive occupancy.
Conditional use permit. A discretionary approval usually granted by the planning
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 'I O,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 or the use of land.
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Development review. The processing of a development plan when authority for approval is
vested in the planning division.
Development services department 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.
Employee housing. Shall have the same meaning as "employee housing" described in
California Health and Safety Code Section 17021.5, and as set forth in California Health
and Safety Code Section 17008 for farmworkers.
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Entertainment (live). Any act, play, revue, pantomime scene, dance act, musical
performance, or any combination thereof, performed by one or more persons whether or
not they are compensated for the performance.
Establishment where food or beverages are served. Any commercial use that sells
prepared food and/or beverages for consumption on site or off site, either solely or in
conjunction with an ancillary or complementary use. Excluded from this definition are
grocery stores, convenience stores, movie theaters, and other such uses, as determined
by the development services director, where the sale of food or beverages is clearly
incidental to the primary use. All establishments selling alcoholic beverages for
consumption on-site are included within this definition
Fair housing laws. The Federal Fair Housing Act, the Americans with Disabilities Act, and
the California Fair Employment and Housing Act, as each statute may be amended from
time to time, and each statute's implementing regulations.
Family. One or more persons occupying one dwelling unit and living together as a single
housekeeping unit.
Family day care home, large. A home which provides family day care to seven to 14
children as defined in section 1596.78 of the State Health and Safety Code.
Family day care home, small. A home which provides family day care to eight or fewer
children as defined in section 4 596.78 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
sidewalkwithin the area between the building and the property line, orwhen the property line
is more than five feet from the building, between the building and a line five feet from the
building.
Grade, finished. The surface of the ground at a stated location as it exists after completion
of precise grading.
Grade, natural. The unaltered natural surface of the ground at a stated location.
Gross acreage. The total area within the lot lines of a lot of land before public streets,
easements or other areas to be dedicated or reserved for public use are deducted from
such lot, and not including adjacent lands already dedicated for such purposes.
Gross floor area. The area of all floors within the walls of a structure except elevator and
other vertical shafts (including stairwells) and elevator equipment areas.
Gross 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
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housekeeping unit; (3) any group home without an operator.
Guestroom. A room occupied or intended, arranged, or designed for occupancy by one or
more guests.
Handicapped. As more specifically defined under the fair housing laws, a person who has
a physical or mental impairment that limits one or more major life activities, a person who is
regarded as having that type of impairment, or a person who has a record of that type of
impairment, not including current, illegal use of a controlled substance.
Hazardous materials. Any material of quantity, concentration, physical or chemical
characteristics, that poses a significant present or potential hazard to human health and
safety or to the environment if released into the work place or environment; or any material
requiring a Material Safety Data Sheet according to Title 8, section 339 of the State Code
of Regulation.
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 anotherfacility orfacilities
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 or 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.
Lofl. An intermediate floor placed within a room, where the clear height above and below
the loft is not less than seven feet, and where the aggregate area of the loft does not exceed
1 /3 of the area of the room in which it is located.
Lot.
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(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 or real property when shown on a record or survey map or deed Tiled in
the office of the county recorder, when such map or deed was filed as the result
of and was made a condition of a lot division approved under the authority of prior
ordinances.
Lot area. The total land area of a project after all required dedications or reservations for
public improvements, including, but not limited to, streets, parks, schools, and flood control
channels. This phrase does not apply in the planned development zones where the phrase
"site area," as defined in Chapter V, Development Standards, is used.
Lot, corner. A lot abutting on and at the intersection of two or more streets which intersect
at an angle that is equal to or less than 135 degrees.
Lot, depth. The average of the horizontal distance between the front and the rear lot lines.
Lot, development. The master lot or project site upon which a development will be
constructed
Lot, individual dwelling unit. An individual building site or lot within a development intended
for construction of a single attached or detached dwelling unit.
Lot, interior. A lot abutting only one street, or a lot abutting two streets which intersect at
an angle greater than 135 degrees.
Lot, width. The horizontal distance between the side lot lines measured at right angles to
the lot depth at the front building setback line.
Low barrier navigation center. Shall have the same meaning as"low barrier navigation
center" as set forth in Government Code Section 65660.
Majormodification. A discretionary entitlement, usually granted by the zoning administrator,
which permits limited deviation from the strict application of the development standards
contained in this Zoning Code, based on specified findings.
Manufactured housing. Detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, including structures known as
manufactured homes and mobile homes. For the purpose of this Zoning Code, a factory-
built single-family structure that is manuTactured 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 singlelamily home and shall be reviewed under
the same standards as a sitebuilt structure.
Marijuana. Has the same definition as that set forth in California Health and Safety Code
section 11018.
Marijuana cultivation and/or medical marijuana cultivation. The planting, growing,
harvesting, drying or processing of marijuana plants or any part thereof for any purpose,
including medical marijuana, and shall include both indoor and outdoor cultivation.
Master plan. The overall development plan for a parcel or parcels which is depicted in both
a written and graphic format.
Master plan of highways. The graphic representation of the city's ultimate circulation
system contained in the general plan. It illustrates the alignment of the major, primary,
secondary and collector highways.
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Median. A paved or planted area separating a parking area, street, or highway, into two or
more lanes or directions of travel.
Medical marijuana. Marijuana used for medical purposes in accordance with California
Health and Safety Code section 11362.5.
Medical marijuana dispensary. A facility or location where medical marijuana is cultivated
or by any other means made available to and/or distributed by or to three or more of
the following: a primary caregiver, a qualified patient, or a person with an identification
card in strict accordance with State Health and Safety Code sections 11362.5 et seq., and
11362.7 et seq., which shall include, but not be limited to, any facility or location engaging
in the retail sale, dispensation, or distribution of marijuana for medical purposes that does
not have an active role in the cultivation of the marijuana product that it sells, dispenses,
or distributes, or when its cultivation of the marijuana product is off-site from the facility or
location for retail sale, dispensation, or distribution.
Minor conditional use permit. A discretionary approval granted by the zoning administrator
which allows a use or activity not allowed as a matter of right, based on specified findings.
Minor modification. A discretionary entitlement granted by the planning division, which
permits limited deviation from the strict application of the development standards contained
in this Zoning Code, based on specified findings.
Mixed use development. The development of lot(s) or structure(s) with two or more different
land uses such as, but not limited to a combination of residential, office, manufacturing,
retail, public, or entertainment in a single or physically integrated group of structures.
Mobile home. See Manufactured housing.
Mobile home park. Any area or tract of land where two or more mobile home lots are rented
or leased, held out for lease or rent, or were formerly held out for rent or lease and later
converted to a subdivision, cooperative, condominium, or other form of resident ownership,
to accommodate manufactured homes or mobile homes. A mobile home park also means a
mobile home development constructed according to the requirements of Part 2.1
(commencing with section 18200) of Division 13 of the State Health and Safety Code, and
intended for use and sale as a mobile home condominium or cooperative park, or as a
mobile home planned unit development.
Motel. Any building or combination of buildings of one to three stories in height having six
or more guest rooms with parking located convenient to the guest rooms and providing
temporary lodging for automobile tourists and transient visitors. Typically, guest rooms
have direct access to available parking without passing through a common lobby area.
Motels also include auto courts, tourist courts, motor lodges, motor inns and motor hotels.
Municipal Code. City of Costa Mesa Municipal Code.
Open space. An area that is intended to provide light and air, and is designed for either
environmental, scenic or recreational purposes. Open space may include, but is not limited
to, lawns, decorative planting, walkways, active and passive recreational areas,
playgrounds, fountains, swimming pools, wooded areas; first floor decks; unenclosed
patios with solid or lattice roofs; water courses; and surfaces covered by not more than five
feet in depth by projections which are at least eight feet above grade.
Open space shall not include the following: driveways; parking lots; other surfaces
designed or intended for vehicular travel; and upper floor decks, balconies or areas under
projections which are less than eight feet above grade.
Open space, common. An area of land reserved primarily for the leisure and recreational
use of all residents of a planned development or common interest development and owned
in common by them, generally through a homeowners' association.
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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 ofincorporation, bylaws,
and any contracts for the maintenance, management or operation of all or any part of a
project.
Parcel. Same as Lot.
Parkway. The area of a public street that lies between the curb and the adjacent property
line or physical boundary definition, which is used for landscaping and/or passive
recreational purposes.
Paved area. Ground surface covered with cobblestone, clay-fired bricks, concrete precast
paver units, poured concrete with or without decorative surface materials, or asphaltic or
rubber mixture which may include sand, stone, or gravel as an ingredient to create a hard
surface. A graded natural surface or one covered with rolled stone or overlaid with loose
gravel is not considered paved area.
Peak hour. The hour during the AM peak period (typically 7:00 a.m.-9:00 a.m.) or the PM
peak period (typically 3:00 p.m.-6:00 p.m.) in which the greatest number of vehicle trips are
generated by a given land use or are traveling on a given roadway.
Permitted use. Any use allowed in a land use zoning district without requiring a
discretionary approval, and subject to the provisions applicable to that district.
Planned development. A land area which is developed as an integrated unit under single
ownership or control and having planned development zoning designation.
Planning application. A broad term for any development project or land use which requires
the discretionary review and approval of either the planning division, zoning administrator,
planning commission, or city council. Planning applications include major modifications,
conditional use permits, development reviews, variances, etc.
Planning division. The planning division of the development services department of the City
of Costa Mesa.
Project. See Development.
Property line. A line of record bounding a lot which divides one lot from another lot or from
a public or private street or any other public space.
Property line, front. For interior lots, the narrowest property line of a lot abutting a public or
private street. If two or more equal property lines are narrowest, the front shall be that
property line across which the development takes its primary access (if the primary
access is determined to be equal, there shall be two front property lines). However, for non-
residentially zoned property, any property line abutting a public street designated as a
secondary, primary or major street on the master plan of highways shall be deemed a front
property line. A non-residentially zoned property shall have more than one front property
line when it abuts more than one street designated as secondary, primary, or major on the
master plan of highways.
For R-1 zoned property located on corner lots, the front property line may be the property
9
line towards which the front of the dwelling unit is oriented.
Property line, rear. The property line opposite the front property line. A corner lot with more
than one front property line shall have more than one rear property line. Irregularly shaped
lots may also have more than one rear property line.
Property line, side. Any property line which is not a front or rear property line.
Property line, ultimate. The boundary of a lot after the dedication of land for use as public
right(s)-of-way, whether dedicated in fee or by easement. A setback is measured from the
ultimate property line.
Public area. Establishments where food or beverages are served. That portion of an
establishment reserved for the exclusive use of the public for the receipt or consumption of
food and/or beverages. For the purpose of this Zoning Code, public area shall not include
restrooms, kitchens, hallways or other areas restricted to employees only.
Public hearing. A public proceeding conducted for the purpose of acquiring information or
evidence which may be considered in evaluating a proposed action, and which affords to
any affected person or persons the opportunity to present their views, opinions, and
information on such proposed applications. "Mandatory hearings" are those required to be
held by law, and "discretionary hearings" are those which may be held within the sole
discretion of the hearing body.
Public right-of-way. A strip of land acquired by reservation, dedication, prescription or
condemnation and intended to be occupied by a road, trail, water line, sanitary sewer
and/or other public uses.
Recyclable materials. Reusable materials, including, but not limited to, metals, glass,
plastic and paper which are intended for reuse, remanufacture or reconstruction.
Recyclable materials do not include refuse, hazardous materials or hazardous waste.
Recycling. The process by which waste products are reduced to raw materiais and
transformed into new products.
Recycling and collection facility. A building or enclosed space used for the collection and
processing of recyclable materials for preparation for shipment, or to an end user's
specifications, by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning or remanufacturing.
Referral facility. A residential care facility or a group home where one or more person's
residency in the facility is pursuant to a court order or directive from an agency in the
criminal justice system.
Residential care facility. A residential facility licensed by the state where care, services, or
treatment is provided to persons living in a supportive community residential setting.
Residential care facilities include, but may not be limited to, the following: intermediate care
facilities for the developmentally disabled (Health & 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. § 8780"l(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 -
1 27'1. 1, 1 250(i), 1 250(e), (h)); family care home, foster home, group home for the mentally
disordered or otherwise handicapped persons or dependent and neglected children (Wel.
& Inst. Code §§ 5115-5120).
Residential, multi-family. Apartments, common interest developments, townhouses and
10
similar multiple-family residential developments, including detached single-family homes
where there is more than one primary dwelling unit on a lot.
Residential, single-family. Detached single-family home where there is no more than one
primary dwelling unit on a lot.
Room, bedroom. A fully-enclosed room designed or intended to be used for sleeping
purposes within a residence that typically includes a closet and is separated from the other
living spaces with a door.
Room, home office. A room designed and intended to be used for a household office
or small business related activity within a residence. Within a single-family detached
residence, this room is strictly not intended for sleeping purposes, and lacks direct access
to a bathroom. The home office may also be referred to as a studio, den, study or library.
Senior congregate care facility. A structure(s) providing residence for 13 or more senior
citizens with kitchen, dining, recreational, etc. facilities with separate bedrooms and/or
living quarters.
Setback. The required distance that a building, structure, parking or other designated item
must be located from a property line or lot line. A setback is measured from the ultimate
property line.
Single housekeeping unit. The occupants of a dwelling unit have established ties and
familiarity with each other, including joint use of and responsibility for common areas, which
includes interaction with each other, shared meals, household activities, and expenses and
responsibilities; where residency is mutually agreed by all residents, is not transitory in nature
and the residential activities of the household are conducted on a not-for-profit basis.
Single room occupancy unit. A dwelling unit that serves as the primary residence of its
occupant(s) and is offered on a monthly rental basis or longer. Single room occupancy
units may contain kitchen and/or sanitary facilities. If the units do not contain kitchen and/or
bathroom facilities, shared kitchen and/or bathroom facilities must be provided within the
building.
Single room occupancy residential hotel. A residential hotel, allowed in certain commercial
zones, that contains units designed for long-term occupancy by a single person, although
double occupancy may be permitted.
Slope. The degree of deviation of a surface from the horizontal plane, usually expressed in
percent or degrees.
Small lot subdivision. A residential development containing a maximum of 15 detached or
townhome style units with no common walls where each unit is independently constructed
on an individual parcel and the land is subdivided into fee simple parcels containing each
unit. Each individual lot is provided with either a direct access to public street/alley or an
easement access through a recorded subdivision map.
Smoking lounge. Any facility or location whose business operation, whether as a primary
use or an ancillary use, is characterized by the sale, offering, and/or preparation of smoking
of tobacco, cigars, hookah, electronic cigarettes, or similar products, including but not
limited to establishments known variously as hookah parlors, vaping lounges, or cigar bars.
Smoking/vaptng 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
11
alcohol addiction and who are considered handicapped under state or federal law. Sober
living homes shall not include the following: (1 ) residential care facilities; (2) any sober living
home that operates as a single housekeeping unit; (3) any sober living home without an
operator.
Specialty store. A retail store less than 3,000 square feet in area with hours of operation
between 6:00 a.m. and 11 :OO p.m. A specialty store offers a combination of foods and
beverages for off-site use or consumption and provides for alcoholic beverage sales that
are incidental to the primary use. No more than 4 0% of the total merchandise area of the
retail floor may be devoted to display or sale of alcoholic beverages and only non-
refrigerated alcoholic beverages may be offered. A specialty store must comply with the
operational standards of section 13-200.72.
Specific plan. A plan consisting of text, maps, and other documents and exhibits regulating
development within a defined area of the city, consistent with the general plan and the
provisions of State Government Code section 65450 et seq.
State. State of California.
Story. For purposes related to zoning regulations, a story is that portion of a building
included between the surface of any floor and the surface of the floor next above it. If there
is no floor above it, then the space between such floor and the ceiling next above it shall
constitute a story. An attic shall not be considered a story. A basement or cellar shall not
be considered a story, if the finished floor level directly above the basement or cellar is less
than four feet above finish grade at all locations. Any uncovered deck or activity area above
the first story shall be considered a story.
Streamlined development review. The streamlined processing of a development plan when
authority for approval is vested in the planning division.
Street. A public or private thoroughfare that provides primary access to adjacent land and
local traffic movements. Streets do not include driveways which only provide access to
parking areas.
Structure. Anything, including a building, located on the ground in a permanent location or
attached to something having a permanent location on the ground.
Supportive housing. Housing with no limit on length of stay, that is occupied by the
target population, as defined in Section 50675.14 ofthe California Health and Safety Code,
and that is linked to on site or off site services that assist the supportive housing resident
in retaining the housing, improving his or her health status, and maximizing his or her ability
to live and, when possible, work in the community.
Tandem parking. An arrangement of parking spaces one behind the other in a row of
maximum two cars including one in the garage space. Tandem garage parking is defined
as the placement of standard parking spaces one behind the other within the enclosed area
of a garage.
Townhouse. A single-family attached dwelling unit located on an individual dwelling unit lot,
and is part of a row of units that contains three or more dwelling units.
Transitional housing. A development with buildings configured as rental housing
developments, but operated under program requirements that call for the termination of
assistance and recirculation of the assisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no less than six months. Trip
(vehicle). A one-way vehicular journey either to or from a site, or totally within the site i.e.
internal trip. Each trip has two trip ends, one at the beginning and the other at the destination.
Trip rate (vehicular). The anticipated number of vehicle trips to be generated by a specific
land use type or land use classification. The trip rate is expressed as a given number of
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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) ofindividuals 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 or 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 conveision). The ratio of vacant apartments being
offered for rent or lease in the City of Costa Mesa, shown as a percentage of the total
number of apartments in the city.
Vape lounge. See Smoking lounge.
Vape shop. See Smoking/vaping retailer.
Variance. A discretionary entitlement, usually granted by the planning commission, which
permits departure from the strict application of the development standards contained in this
Zoning Code, based on specified findings.
Yard. Any open space on a lot unoccupied and unobstructed from the ground upward,
except an inside court.
Yard, front. The yard between the front line of a building and the front line of the lot upon
which the building is located.
Yard, rear. The yard extending from the extreme rear line of the main building to the rear
lot line on which the building is situated.
Yard, side. The yard extending from the front yard, or from the front lot line where no front
yard is required, to the rear yard or rear lot line, between the side lot line and the nearest
wall of the main building or any accessory structure attached thereto.
Zero lot line. The location of a structure on a lot in such a manner that one or more of the
structure's sides rest directly on a lot line.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 4, 3-2-98; Ord. No. 00-5, § 1 (a),
3-20-00; Ord. No. 01-16, § 1a., 6-18-O"l; Ord. No. 05-11, § 2a., 7-19-05; Ord. No.
06-18, § 1, 9-5-06; Ord. No. 09-3, §§ la., b., 5-19-09; Ord. No. 09-4, § la., 5-5-09;
Ord. No. 10-13, § 1, 10-19-10; Ord. No. 10-14, § 1, 11-16-10; Ord. No. 11-10, § 1,
13
9-20-11; Ord. No. 13-1, § 2A., 3-19-13; Ord. No. 13-05 § 1, 12-3-13; Ord. No. 14-04
§ 2A., 4-1-14, Ord. No. 14-13, § 1, 10-21-14; Ord. No 15-10, § 2A, 9-15-15, Ord. No.
15-11, § 1, 11-17-1 5a Ord No 16-01, § 1 1-19-1 6a Ord. No. 18-03, § 2 1-16-18 0rd
No 21-03, § 3, 3-2-21 ; Ord. No. 21-20, § 1, 12-7-21 )
14
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-al1, § 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 Redevelopment 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 on the redevelopment agency shall 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 65101 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.
1
(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.
0) 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, § 1a, 3-18-02; Ord. No.
03-2, § 3, 3-3-03; Ord. No. 04-37, § 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.
(1 ) Major amendment;
(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 Ill, 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)
3
Exhibit C
CHAPTER Ill
PLANNING APPLICATIONS
§ 13-27. Purpose.
The purpose of this chapter is to establish the parameters for the numerous types of
discretionary planning applications and to identify processing procedures.
(Ord. No. 97-11, § 2, 5-5-97)
§ 1 3-28. Types.
(a) MajorModification.Anydeviationfromanadopteddevelopmentstandardinthis
Zoning Code that meets the criteria listed in Table 13-28(a).
TABLE 13-28(a)
MAJOR MODIFICATIONS
Standard Deviation Range
Decrease in required front yard depth; provided that in
residential zones, the garage is set back a minimum of 19
feet from the front property line.
More than 20% but no more than 40%
Decrease in required rear yard depth.More than 20% but no more than 40%
Decrease in required side yard width.More than 20% but no more than 40%
Increase in maximum fence/wall height.More than 33 1/3 % but no more than 50%
Increase in depth of permitted projections into required
yards.
More than 20% but no more than 40%
Deviation in sign area, height, setbacks, separation and
other sign specifications
More than IO% but no more than 20%
Decrease in required distance between main structures Mare ttlan 20% 5ui nO mare ulan 40%
Decrease in required distance between accessory and
main structures
More than 20% but no more than 40%
(b) Conditional use permit. Any use specified in this Zoning Code as requiring a
conditional use permit.
(l) 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,
1
commercial, office, and/or mixed-use project.
(c) Densftybonusorfncenfive.Anyrequestforincentivestoproducelowerincomeand
senior housing per State Government Code section 65915.
(d) Development review, streamlined. The following shall be subject to streamlined
development review, if the project complies with applicable development standards in
this Zoning Code and meets one of the following conditions:
(l) Residential construction of one story in the R1, R2-MD, R2-HD, and R3 zones.
(2) Residential uses permitted by right in the Zoning Code and qualifying for
ministerial approval as a 'use by right' consistent with the applicable provisions of
the Government Code.
(3) Additions to existing buildings in the AP, CL, C1, C2, C1-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 50% of the existing building area, whichever is less,
shall be subject to streamlined development review.
(e) Deve/opmenfreview.Thefollowingshallbesubjecttodevelopmentreview:
(1) Residential construction of two or more stories. In any zone, residential
construction of two or more stories that complies with the applicable development
standards in this Zoning Code and the forthcoming Citywide Residential and
Mixed-Use Objective Design Standards adopted by city council. Until such
objective standards are adopted, projects shall be subject only to the objective
development standards in this Zoning Code.
(2) ConstructionofnewbuildingsoradditionstoexistingbuildingsintheAP, CL, C1,
C2, C1-S, MG, or MP zones that comply with the applicable development
standards in this Zoning Code and exceed 2,000 square feet or 50% of the
existing building area; and,
(3) Any other use specified in this Zoning Code as requiring development review.
(f) Lot line adjustment. Any adjustment to an existing lot line between two lots, where the
land taken from one lot is added to an abutting lot and/or where a greater number of
lots than originally existed is not created. A lot line adjustment may be used to combine
no more than four abutting lots.
(g) Masterp/an.Priortodevelopmentintheplanneddevelopment(PD),towncenter(TC),
shopping center (C1 -S), 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 PD zones, and are not required in
C1 -S, I&R-S, and I&R zones.
(1) Minorchanges.Minorchangesinthelocation,sitingorcharacterofbuildingsand
structures may be authorized by the planning division if required by the final
engineering or other circumstances not foreseen at the time the master plan was
approved. No change authorized under this section may cause any of the
following:
a. A change in the use or character of the development;
2
b. An increase in the overall density or floor area ratio of the development;
c. An increase in overall coverage of structures;
d. A reduction or change in character of approved open space;
e. A reduction of required off-street parking;
3
f. A detrimental alteration to the pedestrian, vehicular and bicycle circulation
and utility networks;
g. A reduction in required street pavement widths;
h. An increase of more than six inches in building height; or
i. A decrease in building setback greater than can be approved by a minor
modification by the development services director.
(2) Major amendments. Substantial amendments to the master plan encompassing
one or more of the minor changes listed in subparagraphs (1 )a. through (1 )i., Or
any proposed change determined by the development services director as a major
amendment, shall be subject to review and approval by the zoning administrator.
Furthermore, if the major amendment results in an overall building square footage
that exceeds the maximum density or building square footage allowed by the
approved master plan, the zoning administrator must find that the major
amendment is consistent with the density, floor area ratio, and trip budget
standards established by the general plan, as applicable.
(3) Minor amendments
a. Minor amendments to existing master plans in planned development zones
are subject to section 4 3-56, master plan required.
b. Minor amendments to existing master plans in the TC, C1-S, MU, I&R, I&R-S,
and I&R-MLT zones may be approved by development review if the planning
division finds that the proposed construction does not materially affect
required open space, floor area ratio, and parking requirements specified in
the approved master plan. Furthermore, if the minor amendment results in an
overall building square footage that exceeds the maximum building square
footage allowed by the approved master plan, the planning division must find
that the minor amendment is consistent with the floor area ratio and trip
budget standards established by the general plan, as applicable.
(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
(i) Minormodfffcaffon.Anydeviationfromanadopteddevelopmentstandardinthis
Zoning Code that meets the criteria listed in Table 1 3-28(i).
TABLE 13-28(i)
MINOR MODIFICATION
Standard Deviation Range
Decrease in required front yard depth; provided that in residential zones, the
garage is set back a minimum of 19 feet from the front property line
20% or less
Decrease in required rear yard depth 20% or less
Decrease in required side yard width 20% or less
Increase in maximum fence/wall height 33 1/3 % or less
Decrease in five-foot setback on street side for fences/walls in excess of 36
inches on corner lots in multi-family residential zones
I 00% 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
1 0% or less
Decrease in required distance between main structures 20% or less
Decrease in required distance between accessory and main structures 20% or less
jDecrease in minimum width and length of garage dimensions 5% or less
5
(2) Minor building additions that encroach into required setbacks no further than the
existing main structure, excluding architectural features. However, no
nonconforming setback width or depth may be decreased further, and the building
addition shall comply with all other applicable sections of this Zoning Code and
other codes.
(3) Fabric awnings that project no more than five feet from the building face.
(4) Minimum length of no less than 18 feet for driveways as measured from the
ultimate property line.
(5) Any deviation from development standards specified in this Zoning Code as
requiring a minor modification.
(j) Mobile home park conversion. Any conversion of an existing mobile home park to
any other use permitted or conditionally permitted in the applicable zoning district.
(k) Planned signing program. A voluntary, optional alternative to the general sign
regulations, except in the C1-S zone where it is required.
(1) Reasonab/e accommodation. As defined in section 13-200.62
(m) (Reserved)
(n) Rezone. Any proposed change to the official zoning map.
(o) Special use permit. Refer to Chapter XV of the Zoning Code.
(p) 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.
(q) 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.
(r) Variance. Any deviation from a development standard in this Zoning Code that is not
specified as a minor modification or major modification, or a deviation that is not
allowed by approval of conditional use permit, minor conditional use permit, or specific
plan conformity procedure.
(s) 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
6
Preservation
(t) 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, 14 -1 5-99; Ord. No. 01-10, §§ 1 a.,
1b., 3-5-01; Ord. No. 01-16, § 1b., 6-18-01; Ord. 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, § 1b., 2-7-05; Ord.
No. 05-2, § 1a.-c., 2-22-05; Ord. No. 06-9, § 1b., 4-18-06; Ord. No. 07-17, § 1a., b.,
1 0-2-07; Ord. No. 11-10, § 1, 9-20-11 ; Ord. No. 16-09, § 3, 10-4-1 6; Ord. No. 21-20, §
1, 12-7-21)
§ 13-29. Planning application review process.
(a) Application
(l) 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 1 3-29(c). For planning applications which require review by both the
planning commission and city council, pursuant to Table 1 3-29(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 13-29(c)
PLANNING APPLICATION REVIEW PROCESS
Planning Applications Public
Notice
Required
Public
Hearing
Required
Recommending
Authority
Final Review
Authority
Notice of
Decision
Streamlined Development
Review
No No None Planning Division No
Development Review
Minor Modification
No No None Planning Division No
Reasonable Accommodation No No None Planning Division No
Lot Line Adjustment No No None Planning Division No
Special Use Permit Yes Yes None Planning Division No
Major Modification
Minor Conditional Use Permit
Planned Signing Program
Yes No None Zoning
Administrator
Yes
Mobile Home Park Conversion
Common Interest Development
Conversion (Residential or
Nonresidential)
Specific Plan Conformity
Review Tentative Parcel Map
Tentative Tract Map
Variance
Yes Yes Planning Division Planning
Commission
Yes
Conditional Use Permit
Density Bonus
Master Plan
Master Plan-Preliminary
Yes Yes Planning Division Planning
Commission
(excepted where
noted otherwise in
this zoning code)
Yes
Rezone Yes Yes Planning
Commission
City Council No
Local Register of Historic Places No No Planning
Commission or
other commission/
committee as
designated by the
City Council
City Council Yes
Certificate of Appropriateness No No Planning
Commission or
other commission/
commitkee as
designated by the
City Council
Planning
Commission or
other commission/
committee as
designated by the
Citv Council
No
8
(d) Public notice. When required pursuant to Table 1 3-29(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.
(l) Mailed 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 building(s) 150 feet or more in height which
shall require a greater notice radius pursuant to Table 13-29(d):
TABLE13-29(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 1,1 00-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) Newspaperpublication. 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:
(1) 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) Foraffordablemulti-familyhousingdevelopmentswhichincludeaminimumofl6
affordable dwelling units at no !ess 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
master plan application process.
(f) Conditions. The final review authority pursuant to Table 1 3-29(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) Major modifications 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.
c. The granting of the deviation will not allow a use, density, or intensity which is
not in accordance with the general plan designation and any applicable
specific plan for the property.
(2) Conditional use permit and minor conditional use permit findings:
a. The proposed development or use is substantially compatible with
developments in the same general area and would not be materially
detrimental to other properties within the area.
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. TherequestisconsistentwithStateGovernmentCodesection65915et.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.
c. 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. Thegrantingoftheincentiveorconcessionand/orthewaiverorreductionof
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.
e. Thegrantingoftheincentiveorconcessionand/orthewaiverorreductionof
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 or
neighboring development.
(6) Minor modification findings:
a. 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.
b. The improvement is compatible and enhances the architecture and design of
the existing and anticipated development in the vicinity. This includes the site
planning, land coverage, landscaping, appearance, scale of structures, open
space and any other applicable features relative to a compatible and
attractive development.
11
(7) Mobile home park conversion findings:
a. The impacts of the conversion on the residents of the mobile home park have
been duly considered as required by the State Government Code.
b. The proposed conversion project is consistent with the general plan, any
applicable specific plan and this Zoning Code.
(8) Planned signing program findings:
a. The proposed signing is consistent with the intent of Chapter Vlll, 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.
c. The proposed signs are compatible with the buildings and developments they
identify taking into account materials, colors and design motif.
d. 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:
a. 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
12
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 in the city and/or
that the proposed conversion project fulfills other stated public goals.
c. The establishment, maintenance, or operation or 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.
e. The proposed common interest development conversion project conforms to
the Costa Mesa Zoning Code requirements.
f. 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.
(11) Rezone findings: The proposed rezone is consistent with the Zoning Code and the general
plan and any applicable specific plan.
(12) Specific plan conformity review findings: Refer to the applicable specific plan text.
(13) Tentative parcel or tract map findings:
a. The creation of the subdivision and related improvements is consistent with
the general plan, any applicable specific plan, and this Zoning Code.
b. The proposed use of the subdivision is compatible with the general plan.
13
c. The subject property is physically suitable to accommodate the subdivision in terms of
type, design and density of development, and will not result in substantial
environmental damage nor public health problems, based on compliance with the
Zoning Code and general plan, and consideration of appropriate environmental
information.
d. The design of the subdivision provides, to the extent feasible, for future passive or
natural heating and cooling opportunities in the subdivision, as required by State
Government Code section 66473.1.
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.
f. The discharge of sewage from this land division into the public sewer system will not
violate the requirements of the State Regional Water Quality Control Board pursuant to
Division 7 (commencing with State Water Code section 13000).
(h) Decision.
(1) Affer the public hearing, if required, the final review authority may approve,
conditionally approve or deny any application for the planning application based
upon the standards and intent set forth in the applicable provisions of this Zoning
Code. In the case of a denial, the applicant shall be notified of the circumstances
of the denial.
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.
(1) Noticeofthezoningadministrator'sdecisionshallbegivenwithinfivedaysofthe
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 decision shall 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.
(i) 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.
(l) 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:
1. 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.
2. A certificate of occupancy has been issued.
3. The use is established and a business license has been issued.
4. Atimeextensionhasbeengrantedincompliancewithparagraph(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.
b. 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 approval authority.
c. 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 so 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.
(1) Building permits/authority to proceed. No building permit or authority to proceed
shall be granted until all required review and approval has been obtained and all
16
applicable appeal periods have expired.
(m) Compliance. Final occupancy shall not be granted unless the site development
conforms to the approved set of building plans, applicable conditions of approval and
code requirements.
(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 days has elapsed following the written notice of a decision; an
appeal of the decision shall be filed according to the procedures set forth in Title 2,
Chapter IX, Appeal, Rehearing and Review Procedure.
(o) Enforcement authority.
(l) The planning commission may require the modification or revocation of any
planning application and/or pursue other legal remedies as may be deemed
appropriate by the city attorney, if the planning commission finds that the use as
operated or maintained:
a. Constitutes a public nuisance as defined in State Civil Code Sections
3479 and 3480; or
b. Does not comply with the conditions of approval.
(2) The modification or revocation of any permit by the planning commission under
this subsection shall comply with the notice and public hearing requirements set
forth in subsections (c) and (d). The development services director may require
notice for a development review or minor modification, if deemed appropriate
(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:
(l) Minor amendments to conditional use permits shall be processed as minor
conditional use permits; and
(2) Amendments to master plans which comply with section 1 3-28(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 shall not be granted until all necessary
approvals have been obtained.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 5-7, 3-2-98; Ord. No. 99-17, § 4,
11-1 5-99; Ord. No. 01-11, § 1 a., 3-5-01 ; Ord. No. 01-16, §§ 1 c.-e., 6-1 8-01 ; Ord. No.
17
03-8, § 3, 9-2-03; Ord. No 05-2 § 1d e, 2-22-05, Ord. No. 06-7, § 1a. 4-18-06a Ord.
No. 06-9 § 1 c., 4-1 8-06; Ord No 07-17, § 1 c d., 1 0-2-07; Ord. No. 09-13, § 1
11-1 7-09; Ord. No 17-12, § 1 9-19-17 0rd No 18-06, § 1, 9-4-1 8; Ord. No. 21-20 §
1 12-7-21)
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:
(a) Uses determined as permitted may be subject to a discretionary review
when construction is proposed, pursuant to Chapter Ill, Planning
Applications.
(b) Uses proposed in the planned development zones are subject to
verification of consistency with the master plan adopted for planned
development zones. A proposed use not expressly allowed by the
adopted master plan may require additional discretionary review
pursuant to Table 13-30, Land Use Matrix.
(c) All listed uses in the matrix are subject to verification of compliance with
density and floor area ratio limits, parking requirements and performance
standards which may, in certain cases, prevent the establishment of the
use.
(d) Any proposed use not listed in the Land Use Matrix shall be reviewed by
the development services director to determine its similarity to another
listed use. If no substantial similarity exists, the proposed use shall
require approval of a conditional use permit prior to establishment of the
use.
(e) For the purpose or Table 13-30, Land Use Matrix, the various zoning
districts are labeled as follows:
Residential zones: R1, R2-MD, R2-HD, and R3
Commercial zones: AP, CL, C1, C2, C1-S, and TC
Industrial zones: MG and MP
Planned Development Residential zones: PDR-LD, PDR-MD, PDR-
HD, and PDR-NCM
Planned Development Commercial zone: PDC Planned Development
Industrial zone: PDI
The Parking zone: P
Institutional and Recreational zones: I & R, & R-S, and & R-MLT
(f) For zoning districts located in a specific plan area, please refer to the
appropriate specific plan text to determine if any additional regulations
related to land uses are applicable.
(g) For the mixed-use overlay district located in an urban plan area, please
refer to the appropriate urban plan text for additional regulations related
to development standards and allowable land uses as applicable.
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rat R2-MD R2-HD R3 AP CL C1 C2 C1-Sl TC' MG MP
PDR PDR PDR PDR- I&R- I&RM
- NCM' PDC' PDI' I&R' S1 LT'
LD' MD' HD'
RESIDENTIAL USES
1. Single-family P' P P P
dwellings (single
housekeeping
units)
2.Multi-family P P P
dwellings
2.I Common interest P P P
developments,
residential
2.2 Small lot P P P
subdivisions,
residential
3. Mobile home parks C C C
4. Boarding- ' P P P
house, small'
5.Boarding- C C C
house, large'
6. Residential care P P P P
facility, six or fewer
persons (State
licensed)
7. Group homes, six or S Ef S" Sa
fewer
7.1 Soberliving Sa S" Sa Sf
homes, six or fewer
8. Residential care Ca Ca C'
facility, seven or more
9. Group homes, Ca (' C'
seven or more
9.I Soberliving C" Ca Ca
homes, seven or
more
PPPPPP
PPPPPP
PPPPPP
CCCCCC
PPPPPP
CCCCC
P
PPPPPPP P
S" Sa Sa S" Sa Sa P
S" S" Sa Sa Sa Sa P
Ca Ca Ca Ca Ca P
C8 Ca Ca C" Ca P
Ca C" C" Ca C" P
P
3
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-MD R2-HD R3 AP CL C1 C2 C1-81 TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'
E' MD' HD'
10. Referral facility
(Subject to the
requirements of
section 13-32.2,
referral facility).
13. Single room
occupancy residential
hotel (subject to City
Council Policy 500-5)
Employee housing, six P
or fewer
Supportive housing P"
C2 C2 C!
P P P
plll2 plll2 plll2
Transitional housing P" P'a P"' P"
Low barrier navigation
center
ACCESSORY USES
Ca
(,2
(,2
pX t 12
pl2
pl3
(,2 Ca
P P P P P P
plll2 plll2 plll2 pll.l2 plil2 pll.l2
pl2 pl2 pl2 pX2 pl2 p12
pl3 P13
P
pll. 12
pl2
pl3
43. Animals, keeping
of
14. Antennas: Amateur
radio, Satellite dish,
CommunicaUon
SEE TITLE 3, ANIMALS AND FOWL
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
16. Day care facilities
(15 children or more)
(see also Nursery
schools)
f 7. Family day
care-Large (7 to 14
c
F"
c
p2
c c c c c c c c c c c c c c c c c
Pa P" Pa P' Paa P" P
P P
Pa
4
children) (subject to
the requirements of
section 13-37, large
family day care
homes)
18. Family day care- P
Small (up to 8
children)
19. Garage/yard P
sales-No more than
2 events permitted a
year, not to exceed 3
consecutive days
P
P
P
P
P
P
P
P
P
P
P
P
P
P
p3
P3
P3
p3
P P3
P"
21 Home occupations P
(subject to the
requirements of
chapter IX, article 6,
home occupations)
22. Home occupations MC'
that generate traffic
and do not involve
more than I
customer/ client at a
time or more than 8
customers/clients per
day (subject to the
requirements of ch. IX,
artide 6, home
occupations)
22.1 Non-residential
accessory uses in a
residential
development not
otherwise specified in
this table
21. Home occupations P"
(subject to the
requirements of
chapter IX, article 6,
home occupations)
P2 P2 P2 P2.3 P2.1 P2.3 P33 P2,3 P23 P2.3 pii P2 P2 P2 P2 pzt (x3 P2
MC" MC' MC' MC" MC" MC" MC"' MC' MC' MCa' MC" MC' MC' MC' MC' MC" MC" MC"
p2 p2 pu p2,3 P2.3 p2 3 pi'3 p2,3 p2.3 P2.3 P"Pa p2 3 p}.3 p2
P2
MC2.3
p2
5
MC' MC" MC?' MC" MC" MC' MC' MCa' MC" MC' MC! MC' MC" MC" MC" MC"
P2 p2 p2 P' P2 p2 p2 P
p2 p2 P' P'p2 p2 Pa
P'p2 p2 P2 P' P P'P' P2 Pa Pa P2 P'P'
M C2.3
P2
p2 p2
23. Cemeteries c
6
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-81 TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - NCM' PDC' PDI' I&R' 81 LT'
LD' MD' HD'
24. Churches and C'
other places of
religious assembly
(Subject to the
requirements of article
4.5, development
standards for churches
and other places of
religious assembly)
25. Civic and C
community clubs
26. Convalescent
hospitals; nursing
homes
27. Country clubs: golf C
courses
C'
c
c
c
C'
c
c
c
(,2
c
c
c
(,2
c
c
(,2
c
c
P2
P
c
p2
P
c
(,2
P
(,2
P
p2
c
p2
c
(,2
c
c
(,2
c
c
(,2
c
c
C2
c
c
(,2
c
C"
c
p2
c
P
P
(,2
c
(,2
P
28. Crematories (See
also Mortuary
senAces)
29. Fairgrounds
outdoor festival
(permanent)
30. Hospitals, general
c c c c
c
P P
31 Libraries, privately- C
operated
c c c c c c c c c c c c c c c P c
31a. Marijuana and/or
medical marijuana
cultivation
31 b. Cannabis and/or
marijuana distributer
(,9 Ca
31c. Cannabis and/or
mariluana
manufacturer or
processor
31 d. Cannabis and/or
marijuana retail sales
storefront
(,9 09 (,'l (,9
C9 C"
7
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rj R2-MD R2-HD R3 AP CL CI C2 Cl-Sl TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' SI LT'
LD' MD' HD'
Ca
marijuana retail sales
nonstorefront
(deliveries)
:31f. Cannabis and/or
marijuana research
and development
and/or testing
laboratories
32. Mortuary services
without crematories
32a. Needle exchange
program
33.Nursery C C C
schools-See also
Day care facilities for
15 or more children
34. Parks and C C C
playgrounds
35. Public offices and C C C
facilities, such as city
halls, courthouses,
police/ fire stations,
etc.
CCCCC CC c
CCCCCCCCCCCCCCCCPC
c c CCCCCCPP P
CCCPPPPCCCCCCCCP
36. Schools: primary,
secondary and
COLLEGES
37. Schools: trade and
vocational; group
counseling
38. Senior congregate
care facility
39. Swap meets
CCCCCCCCCCCCCCCCCCCPP
MC P P P P MC MC P MC P P
CCCCCCCCC
39a. Emergency
shelters
SPECIAL SEASONAL EVENTS
C'a
CCCC C
CC
pto *
8
LAND uSES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
Ral R2-MD R2-HD R3 AP CL C1 C2 C1-Sl TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - NCM' PDC' PDI' I&R' 81 LT'
LD' MD' HD'
41. Christmas tree lots:
pumpkin patches;
fireworks stands;
produce stands
(subject to the
requirements of title 9,
chapter 11, regulation
of certain businesses)
COMMERCIAL AND
INDUSTRIAL USES
42. Acupressure;
massage (subject to
the requirements of
title 9, chapter ii,
artide 22, Massage
establishments and
practitioners)
43. Adult businesses
(See Sexually-oriented
businesses)
44. Aggregate batch
plants; Rock or asphalt
crushing; Sand
blasting
45. Ambulance
services
46. Amusement
centers (subject to the
requirements of
chapter IX, article 5,
electronic game
machines)
47. Animal hospitals;
veterinary services
(kenneling only when
incidental to principal
hospital use)
P'p2 P2 Pa P'p2 P2
p2 P2 p2 P2 P'p2
MC MC MC MC MC MC MC MC
C'(,2 C" C'
c c P P c c c
Ca C!Ca
P2 P2
p2
MC MC
Ca
P
Pa P"
9
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 Cl-81 TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - NCM' PDC' PDI' I&R' 81 LT'
LD' MD' HD'
c c c c48. Animal shelters,
pounds, kennels,
training schools
48a. Antique malls P P P MC MC P MC
49. Artists, sculptors
studios
50. Auction houses
51. Automobile (See
Motor vehicle)
52. Banks; savings and
loans; and other
financial institutions
53. Bars; nightclubs
(See Establishments
where food or
beverages are
served)
54. Barber and beauty
shops with accessory
uses such as
permanent make up,
facials, and accessory
massage
55. Billiards parlors
56. Botanical gardens;
Zoos
57. Bowling centers
58. Breweries;
Distilleries
P
P
P
P
P
P
c
P
P
c
c
c
P
c
P
P
c
c
c
P
c
P
P
c
c
c
P
c
P
P
c
c
c
P
c
c
c
P
c
c
c
P
P
c
P
P
c
P
P
c
c
P
c
P
P
c
c
P
c
P
P
c
c
10
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
R1 R2-MD R2-HD R3 AP CL C1 C2 Cl-81 TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - NCM' PDC' PDI' I&R' S1 LT'
LD' MD' HD'
60. Building supplies;
Hardware stores
(retail)
61. Business
services-See Offices
62. Car washes
63. Carts - Outdoor
retail sales in
conjunction with an
established business
64. Catering
65. Coffee roasting
66. Coffee roasting (in
conjunction with
establishments where
food or beverages are
served)
67. Commercial art;
Graphic design
68. Commercial testing
laboratories
69. Computer and data
processing
70. Contracting:
general contractors;
operative builders
71. Convenience
stores; mini-markets
(subjectto the
requirements of
chapter IX, article 16,
liquor stores,
convenience stores,
and mini-markets)
P
P
P P P
c c c c c c
MC MC MC MC MC MC MC
MC P P P P P
MC MC
MC MC MC MC MC MC
P P P P P P P
P P
P P P P P P P
c c P c P P
Ca C' Ca C'
P P P P
c c c c c
MC MC MC MC MC MC
P P
MC MC MC MC MC
P P
P
P P
P
C'(,2 Ca
11
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
PDR PDR PDR PDR-
R1 R2-MD R2-HD R3 AP CL CI C2 C1-81 TC' MG MP - - NCM' PDC' PDI'
LD' MD' HD'
I&R- I&RM
I&R' S1 L'T' P
P P P P P72. Department stores
(retail)
73. Electronic game
machines (four or
more), incidental to the
primary use, (subject
to the requirements of
chapter IX, article 5,
electronic game
machines)- Excluding
amusement centers
listed separately
74. Engineering;
architectural; and
surveying services-
See Offices
75. Entertainment, live
or public
76. Establishments
where food or
beverages are served
77. Exhibition of
products produced on
premises or available
for wholesale
distribution
78. Flower stands-
See also Carts
79. Furniture repair
and refinishing with
incidental sales
80. Grocery stores-
See also
Supermarkets;
excluding convenience
stores; and liquor
stores listed
separately
MCa MCa MC' MC' MC" MC' MCa MC! MC' MC' MC! MC"
SEE TITLE 9, ARTICLE 11 , REGULATORY PERMITS
FOR PUBLIC ENTERTAINMENT
SEE TITLE 9, ARTICLE 11 , REGULATORY PERMITS
FOR PUBLIC ENTERT AINMENT
SEE CHAPTER V, ARTICLE 4, EST ABLISHMENTS
WHERE FOOD OR BEVERAGES ARE SERVED
P P P P P P P
MC MC MC MC MC MC MC
SEE CHAPTER V, ARTICLE 4,
EST ABLISHMENTS WHERE
FOOD OR BEVERAGES ARE
SERVED
PP
MC MC MC MC MC MC
P
P
P
P
P
P P
P P
MC MC MC MC
P
12
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-MD R2-HD R3 AP CL C1 C2 C1-SI TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - NCM' PDC' PDI' I&R' 81 LT'
LD' MD' HD'
81. Hazardous waste
facilities, off-site
(subject to chapter IX
artide 9, off-site
hazardous waste
facilities)
82. Heliports; Helistops
(,2 C'C'
c
(,2
c
(,2
c
(,2
c
(,2
c
(,2
c
C'
c c
83. Hotels- Excluding -
motels listed
separately
84.Landscape
services (installation
and maintenance)
85.Laundry, cleaning
and garment services,
including plants
86. Leathertanning
and finishing
87. Limousine services
88. Liquor stores
(subject to the
requirements of
chapter IX, article 16,
liquor stores,
convenience stores,
and mini- markets)
89. Lumber and
building materials
dealers, (wholesale)
90. Manufacturing:
Light EXCEPT
the following
which are
prohibited:
a Manufacture
of fertilizer
- Manufacture of
products involving
c c c P
MC MC P P
P P PP
c c c c c
(,2 (,2 C2 C2
P
P
c
c
P
P2
P
P
c
c
P
P2
c
P
c
P
c
P
P
P
c
C'
P
P
c
c
P
P2
13
the use of
explosives
Manufacture of rubber
(including tires), steel
9'l. Manufacturing
of chemical
products, paints,
pharmaceuticals,
and plastics
Ca C'(,2
92. Manufacturing of
stone, clay, glass and
concrete products
EXCEPT the
following which are
prohibited:
- Manufacture of
flat glass
- Manufacture of
cement and
structural day
products
a Manufacture of
concrete, gypsum
and plaster
products
- Manufacture of
abrasive and
asbestos products
o Manufacture of
nonclay refractories
and crucibles
a Processing and
preparation of clay,
ceramic and
refractory minerals
93. Manufacturing or
processing of foods
and beverages
EXCEPT the
following which are
prohibited:
a Meat and
poultry packing
P2 Pa
P- Pa
P2
P'
14
LAND USES Rl R2-MD R2-HD R3 AP
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
PDR PDR PDR PDR- I&R- I&RM
CL Cl C2 C1-S1 TC' MG MP - - - NCM' PDC' PDI' I&R' St LT'
LD' MD' HD'
plants
- Grain mills
- Sugar refining
- Fats and oils
processing
mills
- Seafood canneries
and packaging
(See also Breweries;
Distilleries; Coffee
roasting)
94. Massage - See
also Acupressure
(subjectto the
requirements of title
9, chapter 11, article
22, massage
establishments and
practitioners)
95. Medical
laboratories
96. Metal fabrication,
welding, foundry, die
casting (subject to
subsection 13-54(a),
performance
standards)
97. Motels - (Subject
to requirements of
chapter IX, article 8,
motels) Excluding
Hotels listed
separate5/
98. Motion picture and
television studios
99. Motion picture
theaters and other
theaters not within
200 feet of residential
zones
00. Motion picture
theaters and other
P' P2 p2 P'p2
MC MC P P P P MC MC
P'P'
C'- C2
c c c c P P
P P P P
c c c c
p2
MC MC
P P
P
c
15
theaters within 200
feet of residential
zones
1 €)1. Motor oil,
used-Collection
facility (subject to the
requirements of
chapter IX, article 9,
off-site hazardous
waste facilities)
102. Motor vehicle,
boat, and motorcycle
retail sales, leasing,
rentals and service
with two or more
outdoor display
parking spaces
103. Motor vehicle,
boat, and motorcycle
retail sales, leasing,
and rentals with one
or less outdoor
display parking space
and no service
(su5ject to verification
of parking availability)
104. Motor vehicle
service stations
p2 P2 p2 p2 p2
c c c c c c
P P P P P P
c c c
P p2 p2 p2
c c
P P
c
105, Motor vehicle
service stations with
concurrent sale of
alcoholic beverages
(subject to
requirements of
chapter IX, article 3,
concurrent sale of
alcoholic beverages
and motor vehicle
fuel)
106, Motor vehicle;
boat; and motorcycle
repair servlces
(including body and
C2 (,2 C2
P P P P P
(,2
P P
16
paint work), not within
200 feet of residential
zone (subject to
subsection 13-54(b))
107. Motor vehicle;
boat; and motorcycle
repair services
(including body and
paint work), within 200
feet of residential
zone (subject to
subsection 13-54(b))
108. Nurseries (retail
with no bulk fertilizer)
109. Offices: central
administrative
4 4 0. Offices:
engineenng;
architectural; and
surveying SeNICeS;
management;
consulting and public
relations
111. Offices: general
c c c c c c c
c c P P c c
P P P P P P P P P P
P P P P P P P P MC MC MC P P
P P P P P P MC MC MC MC MC P P
113. Offices: medical
and dental
114. Offices: services
to businesses such
as bookkeeping and
data processing
115. Off-street parking
lots and structures
including related
maintenance
buildings
116. Off-street parking
lots and structures,
P P P P P P
P P P P P P P P
c c c c c P c c
MC MC MC MC MC MC MC MC
MC MC MC P MC MC
P P
c c c c c
MC MC MC MC MC
P
MC
17
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
PDR PDR PDR PDR-
Rl R2-MD R2-HD R3 AP CL C1 C2 C1-Sl TC' MG MP - - - NCM' PDC' PDI'
LD' MD' HD'
I&R- I&RM
I&R' 81 LT' P
incidental uses within
4 4 7. Oil fields; oil
wells (see chapter
XIV, oil drilling)
118. Pawn shops
119. Photocopying;
blueprinting and
related services
120. Photofinishing
laboratories
121. Photofinishing
stores
122. Photography:
Commercial
123. Photography:
portrait studio
4 24. Physical fitness
facilities
125. Printing and
publishing
126. Recording
studios
4 27. Recycling and
collection facilities for
nonhazardous
materials
128. Research and
development
laboratories - Other
than cannabis and/or
marijuana testing
laboratories
129. Restaurants-
See Establishments
where food or
beverages are
c
P
P
c
P
P
c
P
P
c
P
P
P
P
P
P
P P P P P P MC MC
P P P P P P
c c c c c
P
P
P
P
P
P
P
P
P
MC
MC
c c c
MC P MC MC P P
MC MC MC MC MC
- MC MC MC MC - MC MC
P P
MC MC
MC MC MC MC
c c c P c c P P P
18
served
130. Retail: general-
Excluding antique
malls, pawn shops,
supermarkets,
grocery stores,
convenience stores;
and liquor stores
listed separately
131. Retail, incidental
sales to the main use
(subject to the
requirements of
section 1 3-54(a),
incidental retail
sales)
132. Retail: nonstore
P P P P P P P P P P
P P P P P P P2 P2 P P P P P'-
P P P P P P P P P P P P P
4 33. Rifle, pistol, and
firing ranges
c c c
134. Sexually-
oriented businesses
(subject to the
requirements of title
9, chapter IV and title
13, chapter IX,
sexually-oriented
businesses)
135. Skating rinks
p2 p2
c c c c c c
P"
c c c c c
1 35a. Smoking
lounge (subject to
chapter IX, article 19,
smoking and vaping
uses)
135b. Smoking/
vaping retailer
(subject to chapter
IX, article 19,
smoking and vaping
C'
p2 P2 P2 p2 P2
P2 C'
p2 Pa p2 P2 P2
19
uses)
136. Storage of
chemicals and allied
products (except as
incidental use)
4 37. Storage of
explosives
138. Storage of
fertilizer
139. Storage of motor
vehicles - Outdoor
(not including
impound yard)
139a. Storage of
motor vehicles -
Indoor only (not
including impound
yard)
140. Storage of
petroleum and coal
products
141. Storage of rock,
sand, crushed
aggregate and gravel
142. Studios: dance;
martial arts; music,
etc.
143. Supermarkets-
See also Grocery
stores
143a. Specialty stores
144. Tattoo parlors
145. Tire sales and
installation notwithin
200 feet of residential
zone
c c
c c c MC MC
P P P P P
c c
P P P MC MC MC
P P P P
P P P P
c c c
P P P P P
C MC
P P
MC MC MC P MC
MC MC MC MC
MC MC MC -
c
P P
20
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
PDR PDR PDR PDR-
R1 R2-MD R2-HD R3 AP CL C1 C2 C1-81 TC' MG MP - - - NCM' PDC' PDI'
LD' MD' HD'
I&R- I&RM
I&R' 81 LT' P
4 46. Tire sales and
installation within 200
feet of residential
zone
147. Tow companies
with or without
impound yard
148. Transfer station
for refuse, sewage
treatment
149. Trucking: local
and long distance
MC MC MC
c c c
c
MC MC
MC MC
c c
P P
MC MC
MC
c
c
c
150. Warehouses,
mini (subject to the
- requirements of
chapter IX, article 7,
mini- warehouses)
151. Warehouses,
public
152. Warehousing of
durable and
nondurable goods
except livestock and
p(i5Jt-See also
Storage
C'
c
C'
c
(,2
c
MCa M(!
P P
P P
MC'
P
P
153. Wholesale trade
of motor vehicles,
boats and
motorcycles with
outdoor storage of
vehicles
154. Wholesale trade
of motor vehicles,
boats and
motorcycles without
outdoor storage of
vehicles
c c c c c c
MC MC P P P P P P P P
c
P
c
P
21
LAND USES
TABLE13-30
CITY OF COSTA MESA LAND USE MATRIX
ZONES
Rl R2-MD R2-HD R3 AP CL C1 C2 Cl-S1 TC' MG
PDR PDR PDR PDR- I&R- I&RM
MP - - - NCM' PDC' PDI' I&R' 81 LT'
LD' MD' HD'
155. Wholesale trade
of durable,
nondurable goods,
except livestock,
poultry and
perishable goods
MC MC P P P P P P P P P P
Notes:
2
3
4
Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master plan, could be allowed, subject to the review process indicated
in this matrix, if the proposed use is determined to be compatible with the adopted master plan. Residential uses shall not be permitted on any site or parcel of land on which residential uses are
expressly prohibited by the general plan.
This use is subject to the requirements of the referenced Municipal Code article or section.
If residential uses exist, accessory uses shall be permitted.
For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning: C-Conditional Use Permit MC-Minor Conditional Use Permit; P-Permitted; a-
Prohibited: and S-Special Use Permit.
5
6
7
8
9
10
Six hundred fifty foot separation required between sober living homes, or from state licensed alcohol or drug abuse recovery or treatment facilities. CMMC 13-311 (a%10)(i).
Subject to the separation requirement set forth in sections 13-322(a%3) and 13-323(b).
Small boardinghouses shall locate at least 650 feet from any other small boardinghouse. Large boardinghouses shall be located at least 1,000 feet away from any other boardinghouse.
Uses prohibited in the base zoning district of a mixed-use overlay zone shall also be prohibited in the overlay zone.
Prohibited at the SoCo property, 3303 through 3323 Hyland Ave.
Emergency shelters located on sites owned, controlled, and/or operated by the city in the MP and/or the PDI zone are a permitted use, not su5ject to a master plan requirement and the standards
in section 1 3-200.79(1 ), (2), (4), (8), (10) and (13) do not apply to such uses.
11 Supportive housing, as defined in Government Code Section 65650, shall be permitted by-right in all zones where multifamily and mixed uses are permitted by-right, provided it is consistent with
Government Code Sections 65650 - 65656.
12 PursuanttoGovernmentCodeSection65583(c)(3),transitionalandsupportiveHousingshallbeconsideredaresidentialuseofpropertyandshallbesubjectonlytothoserestrictionsthatapply
to other residential dwellings of the same type in the same zoning district.
13 Low barrier navigation centers shall be permitked by-right provided they are consistent with the requirements in Government Code Sections 65660-65668.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-4, § 2, 2-2-98; Ord. No. 98-5, § 8, 3-2-98; Ord. No. 00-5, § 1(b), 3-20-00; Ord. No. 01-1, § 4, 1-15-01; Ord. No. 01-30, § la(Att. A), 1-7-02; Ord. No. 02-4, § 1b(Att.
A), 3-18-02; Ord. No. 02-12, § 1c, 6-17-02; Ord. No. 05-2, § 1f.(Atk. A), 2-22-05; Ord. No. 05-11, el ;b., 7-19-05; Ord. No. 06-2, § la., 2-7-06; Ord. No. 06-9, § 1d., 418-06; Ord. No. 06-18, § 1b., 9-5-06; Ord.
No. 07-2, § Id., 2-6-07; Ord. No. 11-10, § 1, 9-20-11; Ord. No. 13-1, § 2B., 3-19-13; Ord. No. 14-04, § 2B., 4-1-14; Ord. No. 14-13, 10-21'14; Ord. No. 15-06, §§ 1-3, 7-7-15; Ord. No. 15-10, § 2B, 9'15-
15; Ord. No. 15-11, §§ 3-5, 11-17-15; Ord. No. 16-01, § 4, 1-19-16; Ord. No. 16-09, §§ 4, 5(Exh. A), 10-4-16; Ord. No. 16-13, § 2, 11-15-16; Ord. No. 16-15, § 5, 11-8-16; Ord. No. 18-03, § 3, 1'16-18; Ord.
No. 18-04, § 3, 4-3-18; Ord. No. 19-13, § 3, 9-3-19; Ord. No. 19-15, § 1, 9-17-19; Ord. No. 21-03, § 4, 3-2-21; Ord. No. 21-08, § l 6-15-21; Ord. No. 21-20, § 112-7
22
Exhibit E
Article 1l 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 establishing zoning provisions for sites identified in the Housing
Element Sites Inventory to accommodate the City's lower-, moderate-, and
above-moderate-income Regional 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 Housing 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 Housing 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 Housing 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
1
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 Development Center Specific Plan.
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
provision 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 competent jurisdiction, such
invalidity or unenforceability shall not affect other provisions or 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 oT 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 Housing 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 Code Section 65583.2 (h) and (i), 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.
2
(5) "Prior Housing Element Site" means any non-vacant Housing Element Site
that was identified in the prior Housing Element and any vacant Housing Element
Site that was identified in two or more consecutive prior Housing Elements. 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.
(6) "Protected Unit" means any unit that, within the past five years, was occupied
by a lower-income household regardless of whether the unit was deed-restricted
or that was subject to an affordability covenant or rent control.
(e) Supersession of Overlay
(1 ) For Lower-Income Housing Element Sites:
i. Supersession of Other Zoning Provisions. Projects on Lower-Income
Housing Element Sites shall be governed by this Section, and the
provisions in this Section shall supersede and prevail over any conflicting
provisions of the underlying base zone, including, but not limited to,
minimum residential floor area, minimum residential capacities and
densities, ministerial review and approval requirements, and permitted
uses, and all other applicable zoning provisions, such as other urban
plans, overlays, and specific plans, and the provisions of this Article that
apply to non-Lower-Income Housing Element sites.
ii. Ministerial Review and Approval. Projects on Lower-Income Housing
Element Sites shall be a Use by Right pursuant to Subsection (f)(1 ).
iii. Minimum Residential Floor Area. Projects on Lower-Income Housing
Element Sites shall satisfy the minimum residential floor area
requirements established in Subsection (g)(3).
iv. Minimum Residential Site Capacity and Density. Projects on Lower-
Income Housing Element Sites shall satisfy the minimum residential
capacity and density requirements established in Subsection (h)(1 )(ii) and
(hX1Xiii).
Review and Approvals Procedures
(1 ) Use by Right. A project on a Lower-Income Housing Element Site that provides
at least 20 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
development standards in accordance with a Streamlined Development Review
process per CMMC Title 13, Chapterlll (Planning Applications). A project that
does not qualify as a Use by Right shall be processed in accordance with a
3
Development Review process per CMMC Title 13, Chapter Ill (Planning
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.
(g) 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 projects 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 or total floor area is provided as residential uses, consistent with
Government Code Section 65583.2, Subsection (h)(1)(B).
(4) Multi-Family Dwellings on Lower-Income Housing Element Sites. Multi-
family dwellings consisting of 100 percent residential uses shall be permitted on
Lower-Income Housing Element Sites, consistent with Government Code Section
65583.2, Subsection (h)(1 )(B).
(h) Development Standards
(1) Density Standards
i. Maximum Densities. Maximum residential densities shall be permitted
as specified in the Housing 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 dwelling units on site, then the maximum
density identified shall be waived, and the maximum number of dwelling
units permitted shall be 16 dwelling units on site consistent with
Government Code Section 65583.2 Subsection (h).
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
Dwelling 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-
family dwellings on Housing 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
subject to CMMC Title 13, Chapter Vl (Off-Street Parking Standards).
Table 13-83.58-A. Off-Street Parking Standards for Residential Uses
Studio or 1-bedroom unit 1 space per unit
2 or more bedrooms per unit 2 spaces per unit
0.25 space per unit
0.25 space per unit
(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 13-83.58-B. Development Standards
Min. Residential
Densityl
20 du/ac
Max. Residential
Density2
40 du/ac
50 du/ac
60 du/ac
90 du/ac
Max. Building
Height
60 fi.
72 ft.
108 ft.
Min. FAR None
Max. FAR
Frcnt oi sice abutting a p..iblic
street
Min. 10 ft. and max. 20 ff.
5
Table I 3-83.58-B. Development Standards
Side or rear abutting alley
Side or rear abutting:
* Residential zone
* Industrial use
Side or rear abutting bluff crest
20 ft.
10 ft.Section 13-34 (Bluff-Top
Development) of Chapter V of
Titls 13 of the Costa Mesa
Municipal Code
Min. lot size None
Max. lot coverage
Usablt: c:innion
residential open
space
r
Total area equivalent to min. 30% of lot
Usable private
open space
Publicly
accessible open
space
Min. 100 sq. ft./unit provided on the ground
floor for dwelling units located on the
ground floor, and min. 50 sq. ff./unit
provided for dwelling units located above
the ground floor
Total area equivalent to min. 5% of
commercial gross floor area for
developments with a commercial gross floor
area greater than 100,000 sq. ft.
1
2
3
Based on the currently adopted Housing Element Sites Inventory
Only applicable to Lower-Income Housing Element Sites and inclusive of Accessory Dwelling Units.
Minimum setbacks shall apply to all portions of a building or structure. Maximum setbacks along public streets
shall only apply to a building or structure's ground floor, with exceptions for driveways, walkways, and open
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
objective 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 ministerial
review, consistent with Government nnrlp Sections 65583.2 and 65589.5.
6
Replacement of Protected Units
(1 ) 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 (c)(3), and any successor statutes.
7
Exhibit F
Article 1
Residential Districts
§ 13-84. Purpose.
The purpose of this article is to establish parking requirements for the residential zones.
The provisions of this article shall apply to the R1, R2-MD, R2-HD and R3 zones, and to
the residential portions of the planned development and Institutional and Recreational
zones. Exception: These parking standards do not apply to high-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 13-85(A)
OFF-STREET PARKING STANDARDS FOR SINGLE-FAMILY DETACHED RESIDENCES IN R1
ZONE AND SMALL-LOT, DET ACHED, RESIDENTIAL COMMON INTEREST DEVELOPMENTS
Sinqle-Family Detached Residence with 4 Bedrooms or Fewer
Garaqe Parkinq Spaces Open Parkinq Spaces' Total Parkinq Spaces
Lots without garage access from alley:2 4
2 Lots with garage access from alley: 1 3
Sinqle-Family Detached Residence with 5 Bedrooms or More2
New Construction
Garaqe Parkinq Spaces2 0pen Parkinq Spaces'2 Total Parkinq Spaces
Lots without garage access from alley:2 5
3
Lots with garage access from alley: 1 4
Detached Common Interest Developments Up to 2 bedrooms
2 1 3
Detached Common Interest Developments with 3 bedrooms or more
2 2 4
1 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
l
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 for single-family detached
residences shall exclusively consist of two standard parking spaces.
(1) 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.
(2) 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 4 3-85. Exceptions:
(l) For lots that are zoned multiple-family residential and contain only one single-family
detached residence, the parking requirements in Table 1 3-85(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 shall 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.
2
1 0.25STUDIO OR 1
BEDROOM
2 BEDROOMS
OR MORE
2 0.25
1 If covered parking for apartments is provided in a parking structure and
there is more than one parking space in any parking structure, then there
shall be no solid walls constructed to separate individual parking spaces.
2 If open tenant parking spaces are provided in a project, spaces 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
iead to a garage space(s) or a carport space(s), the driveway area may be
used for satisfying tenant parking requirements
4 Parking can be reduced by O.25 space per unit for two 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.
6 Fractions equal to or above one-quarter (0.25) shall be rounded up.
(Ord. No. 97-14, § 2, 5-5-97; Ord. No. 01-16, §§ 1 s.-4 u., 6-18-01 ; Ord. No. 02-4, § 1i, 3-1 8-02;
Ord. No. 03-8, §§ 5-7, 9-2-03; Ord. No. 09-3, § lc., 5-19-09; Ord. No. 11-10, § 1, 9-20-11; Ord.
No. 18-03, § 6, 1-16-1 8; 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)
3
§ 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)
4
Exhibit G
Article 8
Motels
§ 13-172. Purpose and intent.
The purpose of this article is to establish operational and development standards, and
requirements for motels which will ensure the continued availability of transient visitor
and automobile tourist lodging within the city and to ensure the continued use of motels
in the manner intended to provide such lodging.
(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.
Short-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)
§ I 3-'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:
(a) 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 (6) 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-roomtelephoneserviceforemergencyresponsepurposesshallbeprovidedinall
guest rooms of the motel.
(e) Persons responsible for the renting of a room in any motel shall provide their name
and permanent address, as verified by presentation of a valid driver's license or
other valid identification, and the license number, state of license, make, model and
year of any vehicle parked on-site or off-site. The registration information shall also
include the dates of 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.
(f) No room, suite or bed shall be assigned or rented more than once within any 24
hour period.
(g) 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.
l
(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, 8-5-14)
§ 13-175. Application to existing businesses
The requirements of this chapter, specifically including the long-term occupancy
restrictions in section 13-1 74(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-al75.l. 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
owner/motel 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)
§ 13-1 75.2. 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
owner/motel operator shall submit a fully completed "long-term occupancy form" to
the city that provides the total number of rooms used as long-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:
2
(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) 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.
(f) The proposed use is compatible with the surrounding neighborhood, uses, zoning
and general plan.
(g) Eachguestroomshallhaveafullyequippedkitchenwithanareaforthepreparation
of food, and include the following: sink, cook top, oven and/or microwave oven, and
refrigerator
(Ord. No. 14-11, § 1, 8-5-14)
§ 13-1 75.4. Termination of tenancy.
(a) 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.
(b) When the conversion of motel to another use is proposed, the applicant shall comply
with all applicable State and Federal laws related to the displacement and relocation
of long-term occupants.
(Ord. No. 14-11, § 1, 8-5-14)
3
Exhibit H
Title 13, Chapter IX, Article 15
Reasonable Accommodations
§ 13-200.60 Purpose.
It is the city's policy to provide reasonable accommodation in accordance with federal and state
fair housing laws (42 USC § 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) Application 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) Thebasisfortheclaimthattheindividualsareconsidereddisabledunderstateorfederal
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 is reasonably necessary to determine whether the grounds
for reasonable accommodation identified in 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 individuals 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.
b. 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
the City's General Plan, if any, 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 effectively
meet the disability-related needs of the individual with a disability;
(4) The requested accommodation 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 not
unsubstantiated inferences. The evidence must be sufficiently recent as to be credible.
The assessment must consider:
a. Thenature,duration,andseverityoftheriskofadirectthreattothehealthandsafety
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 property of others will actually 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.
(7) The requested accommodation will not result in a fundamental alteration in the nature
of the City's zoning program.
(g) 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) Anyotherfactorsthatwouldcauseafundamentalalterationinthecity'szoningprogram,
as may be defined in the Fair Housing Law.
§ 13-200.63 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.
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.
(1) 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 per employee
during the largest shift, provided that the amount of parking required does not exceed
the amount of parking required for any other residential or non-residential uses within
the same zone.
(4) Stays at an emergency shelter facility shall be limited to the hours of 5:00 p.m. and 8:00
a.m. the following day. 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 right-of-way.
(5) The emergency shelter facility shall provide an on-site resident manager on site at all
times.
(6) 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.
(7) The shelter operator shall provide minimum exterior lighting in compliance with the city's
security requirements.
(8) 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
(9) 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.
(10) No emergency shelter in the MP Industrial Park zone that is also located in an area
subject to the jurisdiction of 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., 3-19-1 3; Ord. No. 19-15, § 2, 9-17-19)
1
Exhibit J
Article 3
Transportation System Management
§ 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, major modifications, minor modifications and development agreements,
unless otherwise exempted by section 13-276, Exemptions.
Intersection. The general area where two or more roadways join or cross.
Measurable traffic. A volume of traffic which will result in a O.O"l or greater increase in the peak
period volume to capacity ratio at any given signalized intersection.
Potentially deficient intersection. An intersection identified in the general plan for which the
standard level of service may not be feasible upon general plan buildout. The intersection
volume to capacity ratios identified in the general plan shall not be exceeded for these
intersections.
Pro rata. A proportionate share based on a development project's impacts.
Standard level of service. The standard level of service shall be level of service "D" or better
(0.90 or less volume to capacity ratio) for all signalized arterial intersections within the city
during peak hours Monday through Friday with the exception of those intersections identified as
potentially deficient in the general plan. Levels of service shall be defined and computed using
the Intersection Capacity Utilization (ICU) methodology.
Transportation demand management program. A series of required and/or voluntary actions
which reduce the vehicle trip generation rate of a specific use or uses of land.
(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.
1
(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.
(d) Interim approval procedure. Until such time as this program is adopted, development
projects not exempted pursuant to section 13-276, Exemptions, may be approved if the city
adopts findings that the development projects are consistent with the provisions of this article.
(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:
2
(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 hearing on the permit application held within 60 days
after the filing of the application. The decision of the city council shall be final. If a waiver is
granted, any change in use or increase in building intensity within the development project shall
invalidate the waiver of the fee, and the developer shall be obligated to pay the full amount of
the fee attributed to the development project, including the change in use or increase in
intensity, as provided by this article.
(f) Fee refunds. A refund shall be made when a building permit expires and no extensions have
been granted for a development project for which the funds have been collected and the
development project has not been constructed.
(g) Fees for phased development projects. Where there is a requirement imposed upon a
phased development project pursuant to this article for the payment of traffic impact fees into a
comprehensive transportation system improvement program, such fees may be payable on a
pro rata basis as each phase of the project is completed, in conjunction with the improvements
accomplished.
(Ord. No. 97-11, § 2, 5-5-97)
§ 13-275 Development project review procedures.
(a) Traffic study required. A traffic impact study shall be required for all development projects
estimated by the public services director to generate 100 or more vehicle trip ends during a
peak hour. Traffic studies may also be required for smaller projects at the discretion or the public
services director. The cost of the study shall be paid for by the developer. The study area and
number of intersections to be analyzed shall be determined by the public services director and
the study area shall be reasonably related to the estimated impacts attributed to the
development project. The traffic study shall also identify mitigation measures that are
reasonably related to the development project's traffic impacts.
(b) Mitigation measures. Mitigation measures for development projects shall consist of either
payment of a development impact fee and/or construction of circulation improvements. The
necessary circulation improvements may be designed and constructed by the developer as
determined by the city. These mitigation measures shall be incorporated as conditions of the
development project's approval. Table 13-275 indicates the criteria for either requiring payment
of a development impact fee and/or construction of circulation improvements.
3
(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 general plan shall not be exceeded.
(d) Transportation demand management program. Where a transportation demand
management program is used to reduce vehicle trips related to a development project, 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 1 3-274(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
DEVELOPMENT
SIZE
INTERSECTION
CONDITION
ECU INCREASE'MITIGATION
MEASURE(S)
INTENT OF MITIGATION
MEASURE(S)
Projects
generating less
than 100 peak
hour trip ends
Adequate
(Standard Level of
Service or better)
OR Deficient
(exceeds
Standard Level of
Service)
Less than 1 % Payment of
impact fee
Contribute to
implementation of the
Comprehensive
Transportation System
Improvement Program1 % or greater
Projects
generating "I 00 or
more peak hour
trip ends
Adequate
' (Standard Level of
Service or better)
OR Deficient
(exceeds
Standard Level of
Service)
Less than 1 % Payment of
impact fee
Contribute to
implementation of the
Comprehensive
Transportation System
Improvement Program
1 % or greater Payment of
impact fee and
improvement
construction by
developer under
conditions listed
in footnote #2
Contribute to
implementation of the
Comprehensive
Transportation System
Improvement Program
and mitigate development
project's impacts
1 ICU = Intersection Capacity Utiliza:ion
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
Exhibit K
Title 13, Chapter XV,
Group Homes
§ 13-310Purpose.
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 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; (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:
i. The name, address, phone number and driver's license number of the
owner/operator;
ii. lftheapplicantand/oroperatorisapartnership,corporation,firmorassociation,then
the applicanUoperator 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
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;
iv. The name, address, phone number and driver's license number of the house
manager;
v. 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 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 dwelling 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.
(6) Occupants must not require and operators must not provide "care and supervision" as
those terms are defined byHealth and Safety Codesection 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 use/facility.
(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:
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 QC 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. Providetheinformationobtainedfromparagraphsiiandiiiofthissubsection(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)(1 0) 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:
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)(1 0) and (a)(1 1 ) 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 oT 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) lnadditiontotheregulationsoutlinedabove,thefollowingshallalsoapplytosoberliving
homes:
The sober living home is not located within 650 feet, as measured from the closest
property lines, of any other sober living home or a state licensed alcoholism or drug
abuse recovery or treatment facility.
ii. 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 manager/operator 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 Title9,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-
200.62.
(b) The special use permit shall be issued by the director as a ministerial matter iT the applicant
is in compliance or has agreed to comply with subsections (a)(l) 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 100 feet of the location of the group home. The issuance of the special use permit shall
be denied upon a determination, and if already issued shall be revoked upon a hearing, by
the director if 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 nolo 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 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
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 if already issued, any transfer shall be denied or revoked, upon a hearing, by the
director that any of the following additional circumstances exist:
Any owner/operator or staff person of a sober living home is a recovering drug or
alcohol abuser and upon the date of application or employment has had less than
one full year of sobriety.
ii. 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 and/or 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 subject to this Chapter shall comply with the provisions hereof
regardless of when they commenced operations.
§ 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.
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 homes 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 any other property, as
defined in section 13-32'l, 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 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 13-200.62.
§ 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, PDR-HD, PDR-NCM, PDC, and PDI (planned development zones) with
seven or more occupants.
A conditional use permit shall be 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 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 conditions:
(a) The requirements of Chapter Ill, 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 650 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, state
licensed drug and alcohol treatment facility, or group home without an operator.
(d) The findings For granting a conditional use permit in accordance with subsection 1 3-29(g) are
met.
§ 13-324 Compliance.
(a) All group homes which are subject to this Chapter shall comply with the provisions hereof
regardless of when they commenced operations.
§ 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 or
constitutionality of 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.
Exhibit M
SlaleiAve 'l
E Dyer Rd
0affleld Aye
Hoipllal Rd :"
W Coast HWV
(:l Cosla Mesa City Boundary
Overlays and Specific Plans
Residential Incentive Overlay Dislnct
Mixed Use Ovtmay Distiict
CJ 19 West Uiban PlanlMixed-Use Overlay Dlsltict
[:l SoBECA Urban PlanlMixed-Use Overlay Disliict
[:l Mesa West Bluffs urban Plan{Mixed-Use Overlay Dislnct
[J Mesa West Residential Ownership lltban PlanlMixed-Use Overlay Distnct
[:l Haio+ Mixed-Use Overlay District
(J North Costa Mesa Specific Plan
[J Newpof Boulevard Specific Plan
Cl East 171h Skeet Specific Plan
Rl: Slngle-Family Residenjal Dislnct
R2-MD: Multiple-Family Resldeniial Dislrlct- Medlum Density
R2-HD: Multiple-Family Residenllal Disliict- High Density
R3: Multiple-Family Residential Distnct
I MG: General Industnal
MP: Industnal Park
PDI: Planned Development Indushlal
Cl : Local Business [)islrlct
C2: General Buslness Dlstnct
ffia Cl-S: Shopping Center Dlsltict
TC: Town Center Dlsltlct
ffia PDR-NCM: Planned Development Residenlial-North Cosla Mesa
i I & R: Insiltutional and Recreational Dlstricf
I & R-S: Institutional and Recreauonal School Distdct
IR-MLT: Ins(ilulional and Retteatlonal MLT
I 3 P: OffStreet Parking Dish'lct
PDR-LD: Planned Development Residential-Low [)ensily
PDR-MD: Planned Development Residential-Medium Density
PDR-HD: Planned Development Residenllal-High Density
SOIIRCE City oi Coila Mesa Omnge County Sanitation Dislncl, Open Street Map
Zoning Districts
Neighborhoods Where We All Belong Zotung Updates and Housing Element Implemenlaiion
RESOLUTION NO. PC-2026-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA,
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COSTA
MESA ADOPT AN AMENDMENT TO THE NORTH COSTA MESA SPECIFIC PLAN
FOR CONSISTENCY WITH AMENDMENTS TO COSTA MESA MUNICIPAL CODE
TITLE 13, CHAPTER V DEVELOPMENT STANDARDS, MIXED-USE OVERLAY
DISTRICT, TO REZONE HOUSING ELEMENT OPPORTUNITY SITES WITHIN THE
NORTH COSTA MESA SPECIFIC PLAN AREA (PSPA-26-0001 )
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA FINDS
AND DECLARES AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa adopted the 2015-2035
General Plan, a long-range comprehensive guide for the orderly development of Costa
Mesa, on June 21, 2016;
WHEREAS, the City Council of the City of Costa Mesa adopted the North Costa
Mesa Specific Plan by Resolution No. 94-67 in July 1994;
WHEREAS, the North Costa Mesa Specific Plan provides additional planning
guidelines and standards for several large development areas located in North Costa
Mesa;
WHEREAS, by its very nature, the North Costa Mesa Specific Plan needs to be
updated and refined to account for existing and projected community needs;
WHEREAS, California Government Code Section 65580 et sec. (State Housing
Element Law) requires each city and county to adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, programs, quantified objectives, and sites to further the development,
improvement, and preservation of housing;
WHEREAS, the City's Sixth Cycle (2021-2029) Housing Element was adopted by
the City Council on February 1, 2022, through Resolution No. 2022-06 and amendments
adopted on November 15, 2022 through Resolution No. 2022-67, and as revised as
recently as March 1, 2023 to incorporate non-substantive changes as authorized by the
City Council;
WHEREAS, this Resolution would establish the applicable standards in Section 13-83.58
"Properties Identified in the Housing Element" of the Costa Mesa Municipal Code as the
prevailing planning, zoning, and development standards for any Lower-Income Housing
E(ement Site within the North Costa Mesa Specific Plan;
WHEREAS, North Costa Mesa Specific Plan amendment would allow the Mixed-Use
Overlay District to supersede the base zoning and Specific Plan allowances on Lower-
Income Housing Element Opportunity Sites pursuant to concurrently proposed new Costa
Mesa Municipal Code Section I 3-83-58(e);
WHEREAS, the rezoning of Housing Element Opportunity Sites is exempt from Title
13, Chapter IX Special Land Use Article 22, An Ordinance to give the People of Costa
Mesa Control of Their Future (Measure Y) pursuant to Costa Mesa Municipal Code Section
13-200.1 06(g);
WHEREAS, adoption of a specific plan amendment is considered a legislative action
subject to the discretionary approval of the City Council;
WHEREAS, a Study session was held by the Planning Commission on January 26,
2026 with all persons having the opportunity to speak for and against the amendments;
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
February 9, 2026 with all persons having the opportunity to speak for and against the
amendments;
WHEREAS, on November 15, 2022, the Costa Mesa City Council adopted
Resolution No. 2022-67, certifying and adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program that analyzed the candidate housing sites
for the Sixth Cycle (2021-2029) Housing Element, which provided environmental
clearance for the adoption of the Housing Element;
WHEREAS, the proposed amendments implement a schedule of actions contained
in the approved Housing Element pursuant to Government Code Section 65583 and do
not allow the construction of a distribution center, or oil and gas infrastructure, accordingly,
the proposed amendments are statutorily exempt from California Environmental Quality
Act (CEQA) pursuant to Public Resources Code Section 21080.085 (an exemption also
known as SB 131 );
WHEREAS, the CEQA statutory exemption for this proposal reflects the
independent judgement of the City of Costa Mesa.
NOW, THEREFORE, based on the evidence in the record the Planning
Commission, in its independent judgement, hereby RECOMMENDS APPROVAL of the
North Costa Mesa Specific Plan amendment incorporated herein as Exhibit A.
BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
the activity as described in the staff report, and in compliance with all applicable federal,
state, and local laws.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase
or portion of this resolution, or the document in the record in support of this resolution, are
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining provisions.
PASSED AND ADOPTED this 9th day of February, 2026.
5effi,<"'c2k
Costa Mesa Planning Commission
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Carrie Tai, Secretary to the Planning Commission of the City of Costa Mesa, do
hereby certify that the foregoing Resolution No. PC-2026-04 was passed and adopted at
a regular meeting of the City of Costa Mesa Planning Commission held on February 9,
2026 by the following votes:
AYES:Harlan, Andrade, Dickson, Klepack, Martinez, Rojas
NOES:Zich
ABSENT:None
ABSTAIN: None
Carrdetary
Costa Mesa Planning Commission
Resolution No. PC-2026-04
This page intentionally left blank
Costa Mesa 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 July
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 O.72 for South Coast
Metro Center (Area 6).
SP-99-02 July 3, 2000 Increased the site-specific FAR to O.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, 20 €)1 Increased the size of Area 1, and amended land use
designations, floor area ratio, and trip budgets for
Segerstrom Home 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/High-Rise residential project at
3350 Avenue of Arts, Area 5.
SP-1 1-01 September 20, 2011 Amendment to Sakioka 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
Sakioka 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 Housing Element sites, and corresponding
General Plan Land Use Map and City's Zoning Map.
1
Costa Mesa North Costa Mesa Specific Plan
2
Costa Mesa
SP-94-01
North Costa Mesa Specific Plan
NORTH COSTA MESA SPECIFIC PLAN
PREPARED BY:
City of Costa Mesa Planning Division
July 1994
Adopted 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 September20l6
Amended Month 2026
3
Costa Mesa North Costa Mesa Specific Plan
TABLE OF CONTENTS
1.O INTRODUCTION..5
Authority and Scope....
Specific Plan Contents..
2.O DEVELOPMENT SETTING .6
Location..............
Existing General Plan and Zoning Designations
Mixed-Use Overlay District
Land Use Compatibility/Integration.....................
Circulation..
Nonconformity.....
Parks and Recreation.
Fire Protection Services.....................................,,
3.O SUBAREA ANALYSIS 33
Area 1 -Home Ranch.
Area 2-Metro Pointe...................
Area 3- South Coast Plaza.....
Area 4- South Coast Plaza Town Center.
Area 5- The Lakes..
Area 6- South Coast Metro Center...........
Area 7- Sakioka Lot 1
Area 8- Sakioka Lot 2....................,,,,,,,,,,,,
4.O DEVELOPMENT ST ANDARDS.. 79
5.O IMPLEMENTATION . 87
APPENDIX A- Noise Estimates
APPENDIX B- Parks and Recreation.................
APPENDIX C- General Plan Policies........................................
APPENDIX D- Theater and Arts District Plan (bound separately)
4
Costa Mesa North Costa Mesa Specific Plan
5
Costa Mesa North Costa Mesa Specific Plan
LIST OF FIGURES
Figure 4- Location....
Figure 2- Existing Land Uses.....................
Figure 3- General Plan Land Use Designations......................
Figure 4- Zoning.. .............
Figure 5- Land Use Integration...........
Figure 6- Imaginary Surfaces for JWA.... ......
Figure 7- Master Plan of Highways
Figure 8- Bikeways. .. .......
Figure 9- Urban Rail Alternatives..................
Figure 10- Parks
Figure 11- Area L............
Figure 11 a- Historical Preservation Area....
Figure 11 b- Home Ranch Building Heights
Figure 12- Area 2............
Figure 13- Area 3.............
Figure 14- Area 4......
Figure 14A- SCPTC Conceptual Location of Future Projects..
Figure 14B - Aerial Map of Location of Future Projects........
Figure 15- Area 5...........
Figure 1 6A- Area 6............
Figure 1 6B- Area 6 Sub-Areas... ... .. .......
Figure 17- Area 7. .. ..........
Figure 1 8-Area 8
Figure 19- Development Standards Summary.........................
LISTOFTABLES
Table 1- General Plan Designations..........
Table 2- Maximum Building Heights
Table 3- Master Plan of Highways Improvements...
Table 4- Floor Area Ratio Nonconformities...
Table 4a- Segerstrom Home Ranch Sub-Areas Statistical Summary..........
Table 5A- South Coast Plaza Town Center Subarea Statistics.....................
Table 5B- Statistical Summary of Unbuilt SCPTC Components as of 2006...
Table 64- South Coast Metro Center Sub-Area Statistics........
Table 6B-South Coast Metro Center Maximum Building Heights... ................
Table 7- Sakioka Lot 1 Density Bonus Program .................
Table 8- Sakioka Farms Lot 2 Density Bonus Program.
Table 9- Public Improvement Implementation Schedule..........
6
Costa Mesa North Costa Mesa Specific Plan
1.O INTRODUCTION
Authority and Scope
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 Plaza 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
> Building Heights
> Nonconformity
> Density Bonuses
> Circulation
> Urban Rail Transit
> Parks and Recreation
> 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 on timing.
Updated November 2001
7
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
8
Costa Mesa North Costa Mesa Specific Plan
Location Map
§ ORANGE
al mn COUNTY
tall AK
COSTA *'X/, =MESA /; 73 :!5
*
HUHnNGTON
BEACH
NEWPORT
BEACH
PACIFIC OCEAN t)GuNA
BEACH
LAGUNA
NIGUa
MISSION
l/[JO
SAN Jt91Fl
CA.OIS!RANO
Figure 1
S
NORTH COSTA MESA SPECIFIC PLAN
Updated November200l
9
€a) m OanCtmmai
'.giE9;
i ui tx it it i s r
LEGEND
BVacant Land Parcels
p, North Costa Mesa Specific Plan Area
Note: All maps and flgumi In €ha NorUi Coata Mega 8p*clflc Plan
are not to scale and are provldod %r llluatraun purposes only.
1 - Home Ranch
2 - Metro Pointe
3 - South Coast Plaza
4 - South Coast Plaza Town Center
5 - The Lakes
6 - South Coast Metro Center / Experian
7 - 8akioka Lot 1
8 - Sakioka Lot 2
N
A
EXiSting Land USeS Figure2
Costa Mesa North Costa Mesa Specific Plan
Existing GeneralPlan andZoning 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 1 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.
The lowest FARs are found in the Neighborhood Commercial designation as well as in the
residential, industrial and public-semi land 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 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. The General
Plan, however, does allow for the transfer of trip budgets in the plan area in the following
circumstances:
1. The combination and/or transfer or 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.
2. Tripbudgettransfersshallbeevaluatedinthereviewandapprovalofaplanned
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.
3. 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 (TAZ) was developed independently. (Consult with the Planning Division
for a figure depicting TAZs)
4. 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
generation rates provided herein.
11
Costa Mesa North Costa Mesa Specific Plan
5. The combination and/or transfer or 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.
6. Approvalofthemasterplanordevelopmentplanshallbeconditionedtoensurecompliance
with the above criteria and to preclude future overdevelopment on portions of the project or
properties from which trip budgets were transferred
7. 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 transferred to another parcel to augment its trip budget.
It should be noted that all the Planned Development (PD), Town Center (TC), and Shopping Center (C1-
S) zones require Planning Commission review and approval of the land use mix and building location.
Mixed-Use Overlay District and Properties identified in the Housing Element
In 2026, this specific plan was amended for consistency with an amendment to the City'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
(MUOD) was applied to several parcels in the PDC, I&R, PDR-HD, TC, C1, and PDI zoning districts within
the plan area. The MUOD is an overlay 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 ChapterV (Development Standards) of Title 13 (Planning and Development) of the Costa Mesa
Municipal Code on a qualifying property. However, it should be noted that projects identified on Lower-
Income Housing 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,
minimum residential floor area, ministerial review and approval, and permitted uses, and all other
applicable zoning provisions, such as other urban plans, overlays, and specific plans, including this
specific plan.
Updated Month 2026
12
c
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(l)a'a 78
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hi 4r"l,,,,7;,,_'?0a,, 'Xi -r a--'gl$y,!i==i,,,,_ r,:,,_, . _ . Al,:.1,d_k4,l=:-H!,B,t,,(TJ--;ii-;ii!l'i' ,_.Y*a'Q'.lJl €ii2,__,,,,,D, ,V-.amdii_ _ € $-,.,__,=-i
@o, _ al
' Osii
OCosta Mesa City Bounday _ _g Neighborhood Commercial
C", North Costa Mesa Specific Plan Boundaiy Commercial Center
UU! Mixed Use Overlay 85 Regional Commercial
General Plan Land Use _ _ Urban Center Commercial
, _ Low Densi$ ResidenUal 88 Cullral Arts Center
[ Medium Densi§ Residential Industiial Park
High Density ResidenUal 85 Public/lnsfflutional
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FIGURE 3
General Plan Land Use
North Cosla Mess Speafic Plan
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C:I Costa Mesa City Boundaiy TC: Town Center District
r_ ', Nor!h Costa Mesa Specific Plan Boundary PDR-NCM: Planned Development Residential-North Costa Mesa
[i Mixed Use Overlay Dishict _ __ I & R: Institutional and Recreational Distrit.f
Zoning Districts PDC: Planned Development Commercial
Rl : Single-Family Residential Distrct PDR-LD: Planned Development ResidenUal-Low DensitV
el R2-MD: Multiple-Family Residential District- Medium Densih/ PDR-MD: Planned Development Residential-Medium Density
PDI: Planned Development Industrial PDR-HD: Planned Development Residential-High Density
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FIGURE 4
Zoning
North Cosia Mesa Specific Plan
Table 1- General Plan Designations North Costa Mesa Specific Plan
GENERAL PLAN
DESIGNATION
TYPICAL USES RESIDENTIAL DENSITY FLOOR AREA RATIO COMPATIBLE
ZONING
Low
Density
Residential
Single family detached and attached units, granny
units, accessory apartments, family day care
Less than or equal to 8 units per acre.0.15 high traffic
0.25 moderate traffic
0.35 low traffic
Rl , POR-LD, I &R
Medium
Density
Residential
Single-family attached units, multiple family units, senior
congregate care facilities, convalescent hospitals, and
group residential homes. Ancillary commercial uses are
permitted the planned development zone.
Less than or equal to 12 units per
acre
0. 15 high traffic
0.25 moderate traffic
0.35 low traffic
Rl , R2-MD,
PDR-MD,
, I&R
High
Density
Residential
Multiple familY units, senior congregate care facilities,
convalescent hospitals and group residential homes.
Ancillary commercial uses are permitted in the planned
development zones.
Less than or equal to 20 units per acre:
except the density in the PDR-NCM
zone is 25 to 35 units per acre. See also
The Lakes for site-specific density.
0.15 high traffic
0.25 moderate traffic
0.35 high traffic
R2-HD,R3, PDR-
HD, PDR-NCM,
, I&R
Commercial Center Major shopping, service, and office facilities designated
serve city-wide and regional markets.
Less than or equal to 20 units/acre 0.25 high traffic
0.35 moderate traffic
0.45 low traffic
0.75 very low traffic
Except that Home Ranch has a site-specrfic
FAR
0.37 for the IKEA portion of the project and
0.64 for the office portion
Cl, C2, Cl-S,
PDC, AP, P, CL
Regional Commercial Regional scale uses including major department
stores, specialty retail outlets, restaurants, offices, and
Less than or equal to 20 units/acre 0.652 South Coast Plaza (east of Bear Street)
0.89 South Coast Plaza (west of Bear Street)
PDC
Llrban
Center
Commercial
Intensively developed mixed commercial including offices,
retail shops, restaurants, and hotels. Residential uses are
also permitted pursuant to the North Costa Mesa Specific
Plan
Less than or equal to 20 units/acre.
Exceptions: South Coast Metro Center
(Area 6) has a site specific density of
100 units per acre; Sakioka Lot 2 may
be up to 28 units/ac for mixed- use
development.
South Coast Metro Center (Area 6) has a
site- specific FAR of O.79
Sakioka Lot 2 (Area 8) has a
maximum site- specific FAR of 1.0.
PDC,TC
Cultural Arts Center Mixed commercial, residential, office and cultural uses.1.77 See also the South Coast Plaza Town
Center discussion regarding the FAR.
TC
Industrial Park Wide variety of industrial and compatible office and
support commercial uses.
Less than or equal to 20 units/acre 0.20 high traffic
0.30 moderate traffic
0.40 low traffic
0.75 very low traffic
MP, Pal, CL
Public and
Semi-Pubic
Parks, hospitals, schools, religious facilities,
fairgrounds, and public facilities.
0.25 l& R. I&R-S, P
Mixed use Overlay Housing, such as multifamily dwellings, blending
residential uses into key areas that are served by various
shopping, convenience, employment, and community-
serving uses.
Less than or equal to 90 units/acre 1 .0 MUOD
Updated Month 2026
15
Costa Mesa North Costa Mesa Specific Plan
LandUseCompatibility/Integration
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.l 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.O 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 (CNEL) 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-out 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 exterior
standard of 65 CNEL only applies to common outdoor recreation/amenity 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
16
Costa Mesa North Costa Mesa Specific Plan
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.
I See Policies LU-"IA.1, LU-1 F.5, and CIR 1A.9 in Appendix C.
Updated January 2007
17
ffi,9
W Q D (11J)%u',"-l ffSUNFLOWERaAV
via
LEGEND
@Vacant Residential
@ Heliport
[p Fire Station
Sensitive Interface
ffllvacanf Indusfr'a' SFR - Single Family Residential
[]Vacant Commercial/Office MDR - Medium Density Residential
HDR - High Density Residential Land Use Integration Figure5
o
o
Costa 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-1C.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 MUOD project when a
property owner chooses to exercise provisions of Article 1l (Mixed-Use Overlay District) of
Chapter V (Development Standards) of Title 13 (Planning and Development) of the Costa
Mesa Municipal Code on a qualifying property; these building height standards recognized
existing patterns and surrounding land uses. Any new building proposed at 3 stories or more
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.
2SeeAppendix CTorfulltextofPolicies LU-IC.I and LLI-1C.3.
Updated January 2007; Month 2026
19
LEGEND
APPROACH
St)RFACES
TRANSITIONAL
SURFACE
HORIZONT AL
SURFACE
CONICA(
SURFACE
HELIPORTS
SAMPLE ALTtTUDES 550%
AIRPORT GR(XJNO S:ibb
ElEVATiON REFERENCE
POINT
SPECfK: Pt AH
STUDY AREA
kl sutucct uapxs aK ?.f.hlfbiF ?a
!i k b t [ V & t is a msl o {) .:
SOukCts ptoisxc AVIAllOtt ADl.tlNiEJRATIO+l
5 % :+
IMAGINARY SuRFACES FOR JWA
NORTH COSTA M !fl(JIC PLAN
m6
Costa Mesa North Costa Mesa Specific Plan
Table 2- Maximum Building Heights
North Costa Mesa Specific Plan
SUB-AREA MAXIMUM BUILDING
HEIGHT'
NOTES
AREA 1
Home Ranch
Varies See Exhibit 41 b.
AREA 2
Metro Pointe
30 feet-north of South
Coast Drive (approx. 2
stories)
90 feet-south of South
Coast Drive (approx. 6
stories)
Current development agreement allows buildings up to 15
Buildings above 173 feet in height will require a
determination of no hazard by the FAA.
AREA 3
South Coast
Plaza and
Crystal Court
85 feet (approx. 4
stories)
None
AREA 4
SCP Town
Center
315 feet (approx. 25
stories)
Buildings above 173 feet in height will require a
determination of no hazard by the FAA.
AREA 5
The Lakes
Mid-rise Residential-90
feet (approx. 6 stories)
High-rise Residential -
280 feet (approximately
26 stories) Commercial-
110 feet (approximately
4 4 stories)
Buildings above 173 feet in height will require a
determination of no hazard by the FAA.
AREA 6
South Coast
Metro
Varies-See Table 6B.Buildings above 173 feet in height will require a
determination of no hazard by the FAA.
Buildings which encroach into the setback for Anton
cannot exceed 30 feet (approx. 2 stories) within the
AREA 7
Sakioka Lot 1
60 feet (approx. 4
stories)
Buildings which encroach into the setback for Anton Blvd.
and/or Sakioka Dr. cannot exceed 30 feet (approx. 2
stories) within the setback area.
AREA 8
Sakioka Lot 2
North of collector street-
60 feet (approx.4 stories)
South of collector street-
180 feet (approx. 12
stories)
Buildings above 4 73 feet in height will require a
determination of no hazard by the FAA.
Buildings which encroach into the setback for Anton
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 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 Development) of the Costa Mesa Municipal Code
on a qualifying property.
Updated February 2001 ; November 2001 ; January 2007; November 2007; Month 2026
21