HomeMy WebLinkAbout2021-03 - ADU'sORDINANCE NO.2021-03
AN ORDINANCE OF THE COSTA MESA CITY COUNCIL REPEALING
URGENCY ORDINANCE 19-19 AND APPROVING CODE AMENDMENT
CO-2020-04 AMENDING PORTIONS OF TITLE 13 OF THE COSTA
MESA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT
WITH STATE LAW REQUIREMENTS AND TO AUTHORIZE RELATED
FEES
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Findings. The City Council finds as follows:
WHEREAS, effective January 1, 2020 multiple new housing laws relating to
accessory dwelling units (ADUs) and junior accessory dwelling units (Junior ADUs)
became law, including AB 68, AB 881, SB 13, AB 587, and AB 670; and
WHEREAS, Government Code section 65852.2(a)(4) provides in part, "if a local
agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void"; and
WHEREAS, the City adopted urgency ordinance 19-19 on December 17, 2019 to
cause the city's ADU and Junior ADU laws to be revised effective January 1, 2020;
WHEREAS, by adopting its own ADU and Junior ADU laws, the city is able to
retain at least some authority to regulate ADUs and Junior ADUs that it might not
otherwise have;
WHEREAS, the City Council intends to apply the state standards at local level with
the goal of allowing more housing production for all income levels within standards that
will result in construction and conversion of new ADUs in a more cohesive and integrated
manner.
SECTION 2: Code Amendment. Section 13-6 (Definitions).
"Accessory Dwelling Unit (ADU)" within Title 13, Chapter I, Articl
(Definitions) is hereby amended as follows:
Accessory Dwelling Unit (ADU). See Section 13-35.
Ordinance No. 2021-03 Page 1 of 17
e
The definition of
2, Section 13-6
SECTION 3. Municipal Code Section 13-35. Title 13, Chapter V, Article 1, Section 13-
35 is revised to provide:
Section 13-35. Accessory Dwelling Units
A. Purpose, general plan consistency, definitions.
1. Purpose and Interpretation. The intent of this section is to ensure that accessory
dwelling units (ADUs) and Junior ADUs remain as an accessory use to a single-
family residence, that the structures on parcels are organized to accommodate an
ADU and/or Junior ADU, and that such dwelling units do not adversely impact
surrounding residents or the community. This Section 13-35 is intended to retain
the ability of the city to regulate ADUs in terms of design, aesthetics, massing and
integration with existing structures and to comply with the requirements of state
law.
2. General plan consistency.
In adopting these standards, the city recognizes that the approval of dwelling units
may, in some instances, result in dwelling densities exceeding the maximum
densities prescribed by the general plan. The city finds that this occurrence is
consistent with the general plan, as allowed under state planning and zoning law
applicable to ADUs, and that the amendment furthers the goals, objectives, and
policies of the general plan housing element.
3. Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit', "passageway"
and "tandem parking" all have the same meaning as that stated in
Government Code section 65852.2 as that section may be amended time
to time.
b. "Junior ADU" shall have the same meaning as that stated in Government
Code section 65852.22(h)(1) as that section may be amended from time to
time.
c. A structure is considered "existing" if a building permit was issued and
finaled at least two years before an application is submitted under this
section.
d. The terms "single family dwelling" and "multifamily dwelling" exclude all
garages, carports, and similar structures, regardless of whether such
structures are attached or detached from the dwelling.
e. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU)
within a multifamily dwelling structure, including detached single-family
homes where there is more than one (1) primary dwelling unit on a lot.
f. A "multifamily dwelling structure" is a structure which contains at least two
lawful dwellings within the structure, excluding ADUs and Junior ADUs.
Storage rooms, boiler rooms, passageways, attics, basements, garages
and other non -habitable spaces are considered within a "multifamily
Ordinance No. 2021-03 Page 2 of 17
dwelling structure" if such non -habitable spaces are within the same
structure as at least two other multifamily dwellings.
B. Accessory Dwelling Units
Residential and Mixed Use Zones Only. ADUs are permitted in single-family,
multi -family zones, and mixed use zones (i.e., zones where single family and/or
multifamily dwellings are allowed), and only on a legal lot with proposed or
existing residential dwelling(s) which will remain on site. By way of illustration
only, the zones where accessory dwellings are allowed are shown on the
Citywide Land Use Matrix at Section 13-30. If there is any conflict between the
requirement that ADUs be approved in (and only in) zones where single family
and multifamily dwellings are allowed and the Land Use Matrix, the former shall
control.
2. Underlying zone. Except as otherwise provided in this section, ADUs shall
conform to the development standards of the underlying zone.
3. Ministerial. Any application for an ADU that meets the requirements of this
section shall be approved ministerially by the city by applying the standards
herein and without a public hearing.
4. Maximum Number of Dwelling Units. The following is the maximum number of
ADUs and or Junior ADUs allowed on any lot. Only one category may be used
per lot.
a. Single -Family. Only one ADU and only one Junior ADU may be
permitted on a lot with a proposed or existing single family dwelling
subject to the following:
Conversion within a single family dwelling
1. An ADU or Junior ADU may be within the existing footprint
of a lawful single family dwelling. Alternatively, an ADU
may be within a lawful existing accessory structure; in this
case up to 150 square feet may be added beyond the
physical dimensions of the existing accessory structure
solely to accommodate ingress and egress to the ADU;
and
2. Each such ADU and Junior ADU must have independent
exterior access from the single family dwelling, and have
side and rear setbacks sufficient for fire safety; or
ii. New Construction. One new construction ADU may be permitted
on a lot with proposed or existing single family dwelling. One new
construction Junior ADU may be allowed on the lot if the Junior
Ordinance No. 2021-03 Page 3 of 17
ADU is to be in a single family dwelling that meets all applicable
legal standards.
b. Multi -Family. Junior ADUs are not allowed on a lot with more than
one residence. ADUs are not allowed within new construction
residences where, after construction, there will be at least two
residence on the lot (e.g. detached residential structures, duplexes,
apartments); up to two ADUs are allowed with such structures
pursuant to subsection ii, below. For lots with an existing legal
multifamily dwelling (e.g., a legal non -conforming multifamily
dwelling), the applicant may have ADU(s) pursuant to one of the
following:
i. Maximum ADUs within Existing Multifamily Dwelling Structure.
No more than twenty-five percent (25%, with any partial unit
rounded down) of the number of existing multifamily dwelling
units on the lot, but at least one (1) unit, shall be permitted as
ADU(s) constructed within the non -livable space (e.g., storage
rooms, boiler rooms, hallways, attics, basements, or garages) of
the existing multifamily dwelling structures; or
ii. Maximum Detached External ADUs. No more than two detached
ADUs are permitted. Both units shall be detached from every
residence on site (but need not be detached from each other).
Such ADUs shall not exceed 800 square feet of gross floor area,
shall be no taller than sixteen (16) feet in height, and shall have
at least four (4) feet of side and rear yard setbacks; or
iii. Maximum Mixed (Detached / Within) ADUs. No more than one
ADU is permitted within the existing and enclosed non -livable
space (e.g., storage rooms, boiler rooms, hallways, attics,
basements, or garages) of the existing multifamily dwelling
structure; and no more than one ADU that is detached from each
multifamily dwelling structure on site, provided that such ADU
does not exceed 800 square feet of gross floor area, is no taller
than sixteen (16) feet in height, and has at least four (4) feet of
side and rear yard setbacks.
Ordinance No. 2021-03 Page 4 of 17
5. Maximum Size.
a. Single Family
i. Detached. For lots with a proposed or existing single-family
dwelling, a detached ADU shall not have more than 1,200 square
feet.
ii. Attached. An ADU attached to a single family dwelling shall be
no more than the greater of 50% of the square footage of the
existing single family dwelling or 1,000 square feet.
b. Multifamily, Exterior Construction. For lots with an existing legal
multifamily dwelling structure, an ADU shall not exceed 800 square
feet.
C. Interior Conversions. Notwithstanding subsections a and b
immediately above, ADUs which are converted from space entirely
within lawful existing structures, and ADUs entirely within proposed
lawful single family dwellings, are not subject to a limit on maximum
square footage.
6. Minimum Size.
a. ADUs may be efficiency units. Notwithstanding the general limitation
on efficiency units being no smaller than 220 square feet, ADUs may
also be less than 220 square feet, provided that they are no smaller
than 150 square feet, and comply with all other legal requirements.
7. Conversions of dwelling units.
a. Total Conversion of Single Family Unit. An entire existing single
family or multifamily dwelling may be converted to an ADU if the ADU
complies with all applicable requirements of this ordinance and a new
single-family residence with a total gross floor area exceeding that of
the ADU is constructed in full compliance with code requirements.
b. Partial Conversion/Addition. A portion of the existing single family or
multifamily dwelling may be converted to an ADU with new additional
square footage, which additional square footage shall comply with all
standards applicable to attached ADUs, and all converted square
footage shall comply with standards applicable to conversions. The
maximum square footage of the attached ADU shall be based upon
the size of the existing primary dwelling before construction of the
ADU addition.
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C. Junior ADUs.
1. Rule. Junior ADUs shall comply with the requirements of this subsection C, in
addition to the requirements of subsection D of this section 13-35.
2. Maximum Size. A Junior ADU shall not exceed 500 square feet in gross floor
area.
3. Owner Occupancy Requirement. The owner of a parcel proposed for a Junior
ADU shall occupy as a primary residence either the primary dwelling unit or the
Junior ADU. Owner -occupancy is not required if the owner is a governmental
agency, land trust, or "housing organization" as that term is defined in
Government Code Section 65589.5(k)(2), as that section may be amended
from time to time.
4. Short -Term Rentals Prohibited. A Junior ADU shall not be rented for periods of
less than 31 days unless otherwise authorized by the municipal code.
5. Location of Junior ADU. A Junior ADU shall be entirely within a single-family
residence.
6. Kitchen Requirements. A Junior ADU shall include an efficiency kitchen,
including a sink, a single or multiple cooktop, outlet for a small refrigerator, food
preparation counter and storage cabinets that are of reasonable size in relation
to the size of the Junior ADU.
7. Parking. No additional parking is required beyond that already required for the
primary dwelling.
8. Fire Protection; Utility Service. For the purposes of any fire or life protection
ordinance or regulation or for the purposes of providing service for water,
sewer, or power, a Junior ADU shall not be considered a separate or new unit,
unless the Junior ADU was constructed in conjunction with a new single-family
dwelling. No separate connection between the Junior ADU and the utility shall
be required for units created within a single-family dwelling, unless the Junior
ADU is being constructed in connection with a new single-family dwelling.
9. Exterior and Interior Access. The Junior ADU shall include an exterior entrance
separate from the main entrance to the single-family dwelling.
D. Development Standards. All ADUs and Junior ADUs must comply with the following
requirements:
1. Ministerial Project. Any application for an ADU or Junior ADU that meets the
requirements of this section shall be approved without a public hearing.
Ordinance No. 2021-03 Page 6 of 17
2. Application by Owner. An application for a building permit for an ADU or Junior
ADU building permit shall be made by the owner of the parcel on which the
primary unit sits and shall be filed with the city on a city -approved application
form and subject to the established fee set by city council resolution as it may
be amended from time to time.
3. Separate Sale Prohibited. Except as otherwise provided by law (e.g.,
Government Code section 65852.26), ADUs and Junior ADUs may not be sold
or otherwise conveyed separate from the primary residence.
4. Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their
equivalent), including water, electric, and sewer services.
b. Except as provided in subsection c immediately below, the City may require
the installation of a new or separate utility connection between the ADU and
the utility. For Junior ADUs, see subsection D.8, above.
c. No separate connection between the ADU and the utility shall be required
for units created within a single-family dwelling, unless the ADU is being
constructed in connection with a new single-family dwelling.
d. Each ADU and Junior ADU shall have a separate mailing address.
5. Recorded Covenants. Before obtaining a building permit, the owner shall file
with the county recorder, in a form approved by the city attorney, a covenant
which does all of the following:
a. prohibit the sale of the ADU and Junior ADU separate from the
single-family residence; and,
b. unless subsequently prohibited by an amendment to state law, for
ADUs approved on or after January 1, 2025, the ADU shall be
considered legal only as long as either the primary residence or the
ADU is occupied by the owner of record or state law is amended to
prohibit such requirements. Junior ADUs require owner occupancy
of either the single family dwelling or the Junior ADU; and,
C. restrict the accessory second unit to the maximum size allowed by
Municipal Code section 13-35, as it may be amended from time to
time; and,
d. unless authorized by the municipal code, prohibit renting the ADU for
periods less than 31 days; and,
e. confirm that the restrictions shall be binding upon any successor in
ownership of the property, and lack of compliance shall result in legal
action against the property owner for noncompliance.
6. Passageway, No passageway shall be required in conjunction with the
construction of an ADU.
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7. Building Permits Required. Applications for ADUs and Junior ADUs shall
conform to the requirements for, and shall obtain, a building permit consistent
with the requirements of Title 5 (Buildings and Structures). By way of reference
only, current requirements generally require all dwellings to have no less than
220 square feet. Fire sprinklers shall not be required if they are not required for
the primary residence; if, however, the ADU is attached to the primary dwelling,
and if an addition to the house would require sprinklers for an addition to the
primary dwelling in the same location, then sprinklers shall be required.
8. Setbacks.
a. None. No setbacks are required for: either (i) those portions of ADUs that
are created by converting existing living area or existing accessory
structures to a new ADU; or (ii) constructing new ADUs in the same location
and to the same dimensions as an existing structure. Notwithstanding the
foregoing, ADUs and Junior ADUs shall, at minimum, comply with setbacks
that are sufficient for fire and life safety.
b. Other Setbacks. For all other ADUs, there shall be a minimum of setbacks
of four feet from side and rear property lines and full compliance with all
applicable front yard setbacks. An ADU on a corner lot shall maintain a
minimum setback of ten feet from the public right-of-way on the street side
or be consistent with the existing setback distance of the main residential
structure, whichever is less.
c. Distance Between Structures. The minimum required distance between a
detached ADU and the primary dwelling unit, and all other structures on the
property, including garages, shall be six feet.
9. Height. Except as authorized in subsection b, below, in no event may any
portion of a new construction ADU exceed two stories or exceed the height of
any other dwelling that will be on the property except that in all cases, a height
of at least 16 feet shall be allowed for ADUs. Furthermore, except as
authorized in subsection a and b, below, an ADU shall be entirely only on the
first floor.
a. Second Floor or Two -Stories. An ADU on a lot which has an existing
lawfully constructed single family dwelling or will have a new single family
dwelling, may be in whole or in part on a second floor, or be a two-story
ADU, if all five of the following occur:
i. all portions of the ADU on a second floor are at least 25 feet from
the front property line (except that front facing balconies may be
constructed as close as 20 feet from the front property line if the
balcony is open on three sides and the wall of the main structure
is at least 25 feet from the front property line);
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ii. each stairwell for the ADU is interior or complies with subsection
10, below; and
iii. the second floor of any portion of the ADU, if built above a
detached garage, does not exceed the footprint of the garage;
and
iv. no windows are installed on the second floor on side elevations if
such windows are within 25 feet of a neighboring dwelling and
face the neighboring property unless such windows have a
minimum sill height of at least five feet; and
v. the second floor (or the entire two-story ADU as applicable)
meets the setbacks applicable to additions and accessory
structures for the underlying zone.
b. Within Structure. The ADU is built entirely within either:
i. a proposed or existing lawfully constructed single-family dwelling,
except that an external stairwell to the ADU which meets all
requirements of this code, including the requirements of
subsection 10, below, may be constructed to allow access to the
ADU; or
ii. the non -habitable space of an existing multifamily structure.
10. Exterior Stairways and Balconies. An exterior stairway to a second -floor ADU
shall be facing the interior of the lot and shall not be readily visible from the
public right-of-way. Second floor landings using an exterior stairway shall be
kept to the minimum size required to comply with applicable codes. Stairways
and landings, which exceed standard sizes, and balconies are prohibited.
Stairways, landings, and balconies shall not be counted toward residential open
space requirements.
11.Architectural Standards.
a. Attached ADUs. Each ADU which is attached to the primary dwelling
shall appear to be part of the primary dwelling. It shall have the same
design, materials, finishes, and colors as the primary dwelling and
shall be in accordance with code design standards and guidelines
applicable to the zone.
b. Detached ADUs. Any detached ADU shall be compatible in exterior
appearance with the primary unit or units in terms of design,
materials, finishes, and colors within the same property on which it is
proposed to be constructed, in accordance with code design
standards and guidelines applicable to the zone.
C. Junior ADUs. Junior ADUs shall be compatible in exterior
appearance with the primary unit in terms of design, materials,
finishes, and colors within the same property on which it is proposed
Ordinance No. 2021-03 Page 9 of 17
to be constructed, in accordance with code design standards and
guidelines applicable to the zone.
12. Garage Conversions.
a. No Blank Fagade. When a garage is converted to an ADU, if the
fagade of the converted garage is visible from a public right-of-way,
the fagade must have substantial articulation in terms of design and
architectural features, or substantial landscaping, or some
combination thereof to improve aesthetics. For example, obscuring
the fagade with landscaping that covers at least 50 percent of the
wall would meet this requirement, as would construction of an
attached code -compliant pergola or awning which was constructed
in front of the fagade of the converted garage.
b. Driveway. The driveway may only be removed if it is replaced with
landscaping or open space, and the curb cut and driveway apron are
removed and replaced with a curb and gutter which meet city
standards.
13. Entry and Walkways. The entrance to an ADU or Junior ADU should be located
in a manner that it is subordinate to the main entrance of the primary
residence(s) such as areas along the side or within the interior of the property.
The walkway leading to the ADU shall be hardscaped and connect to the
driveway or the public sidewalk.
14. Parking.
a. The owner may provide parking that is at least eight and a half (8.5) feet
wide and eighteen (18) feet long and may be provided as:
i. Tandem parking on an existing driveway in a manner that does
not encroach onto a public sidewalk; or
ii. Within a setback area or in locations determined feasible by the
city. Locations will be determined infeasible based upon specific
site or regional topographical or fire and life safety conditions,
or that such parking is not permitted anywhere else in the city.
b. When an existing garage, carport, or covered parking structure is converted
or demolished in conjunction with the construction of an ADU or converted
to an ADU, the off-street parking spaces do not have to be replaced,
notwithstanding any other provision of this code to the contrary (e.g., the
definition of "driveway" in section 13-6, Table 20-8(c) a driveway does not
lose its status as a lawful "driveway" if it leads to a structure that was either
converted from a garage into either an ADU or Junior ADU or demolished
in conjunction with the construction of an ADU or Junior ADU. In no event
Ordinance No. 2021-03 Page 10 of 17
shall the demolition of a garage be considered "in conjunction with" the
construction of an ADU if the ADU will not be constructed within any portion
of the footprint of the demolished garage
15. Non -Conforming. The city shall not require, as a condition of a permit for an
ADU or Junior ADU the correction of nonconforming development standards.
16. Short Term Rentals Prohibited. ADUs and Junior ADUs shall not be rented for
a term of less 31 days, unless otherwise authorized by the Municipal Code.
17.Open Space. ADUs which exceed 800 square feet in gross floor area shall
meet the open space requirements of Section 13-32.
SECTION 4. Municipal Code: Land Use Matrix.
Existing row 15.1 of Title 13, Chapter IV, Section 13-30 (Citywide Land Use Matrix), is
hereby revised as follows:
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Additionally, existing rows 22.2 and 22.3 of Title 13, Chapter IV, Section 13-30 (Citywide
Land Use Matrix), revised as follows, such that existing row 22.3 is renumbered to 22.4,
and a new row 22.3 is added.
Ordinance No. 2021-03 Page 11 of 17
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he requirements of chapter IX,
rticle 10, temporary trailers)
SECTION 5. Municipal Code Section 13-85 (Parking). Title 13, Chapter VI, Section
13-85 (Parking Requirements for Residential Development) of the Costa Mesa Municipal
Code is hereby amended as follows:
(d) Parking for accessory dwelling units and junior accessory dwelling units shall be
provided per the requirements of Section 13-35.
SECTION 6. Municipal Code Sections 13-261.2 through 13-261.8 (Park Fees)
A new Article 4, entitled, "Park and Recreation Impact Fees" is added to Chapter XII of
Title 13 of the Costa Mesa Municipal Code. Existing Municipal Code sections 13-261.2
through 13-261.8 are hereby moved to Article 4, and shall be amended to provide as
follows.
13-276.1. Purpose.
The purpose of this article is to establish the procedures for the payment of parks and
recreation impact fees in conjunction with the establishment of new residential units.
13-276.2. Requirement.
(a) Any party that creates a multi -family residential development (e.g., apartment, duplex,
triplex, multiplex) for renter households (collectively, "apartments") and any party who
creates any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU), shall
Ordinance No. 2021-03 Page 12 of 17
remit park fees as established in this Article to provide park and recreational facilities to
serve the future residents of such units.
(b) The requirements of this Article are in addition to any other applicable requirements
of the municipal code, including Municipal Code 13-250 et seq., which sections relate to
park/dedication fee requirements applicable to subdivisions.
13-276.3. Relation of land required to population density.
Consistent with the general plan, it is hereby found and determined that the public interest,
convenience, health, welfare and safety require that 4.26 acres of property for each one
thousand (1,000) persons residing within the city be devoted to public park and
recreational purposes.
13-276.4. Population density.
For the purposes of this article, population density shall be established by resolution of
the city council, utilizing the following classifications:
(a) Apartments. Any building (or portion thereof) or collection of buildings which provide
two or more self-contained dwelling units not designated for separate ownership (i.e., the
units not legally subdivided for homeownership). Notwithstanding the foregoing, for
purposes of this article, ADUs and JADUs are not considered "apartments."
(b) Determination of the number of dwelling units. The total number of dwelling units
shall be determined by the number of units proposed for construction. When the actual
number of units is unknown, the number of the units shall be based on the maximum
number of units which are permitted by the general plan for the property at the time the
tentative or parcel map is filed with the city.
13-276.5. Park fee formula for apartments.
The amount of park fee for apartments required pursuant to this section shall be based
on the following formula:
FEE = 4.26 (A.D.F. x D.U. x P.C.)/1,000
Definition of terms:
FEE The maximum cost to be appraised for fee payment.
4.26 Number of acres per one thousand (1,000) persons.
A.D.F. Apartment density factor obtained from section 13-261.5 population density as
applicable to the proposed development.
Ordinance No. 2021-03 Page 13 of 17
D.U. Number of dwelling units.
P.C. Proportionate cost is the sum of the weighted cost of park land acquisition per acre
of land and cost of construction per acre of land.
13-261.6. Amount of park fee for "apartments" and accessory dwelling units and
junior accessory dwelling units.
(a) (1) Fee Resolutions. The fees authorized via this article shall be periodically
established and/or adjusted via a resolution of the City Council. Such fees shall comply
with Government Code section 66000 et seq., and shall not exceed the amounts
authorized by Government Code section 66000 et seq.
(2) ADU and JADU fees. The fees for ADUs and JADUs shall take into
consideration the fees charged for apartments, and shall not violate Government Code
65852.2, as it may be amended from time to time.
(b) Nothing in this section shall prohibit the dedication and acceptance of land for park
and recreation purposes where the developer proposes the dedication voluntarily and the
land is accepted by the city council at its discretion. When land dedication is provided, it
shall be accomplished consistent with applicable local ordinances, including any
applicable requirements of the Subdivision Map Act.
(c) If the developer objects to the amount of the fee pursuant to this article, an appeal
may be made to the city council by filing an application of appeal with the city clerk and
payment of an appeal processing fee as determined by the city council. A notice of appeal
shall be filed with the city clerk within seven (7) days of payment of the fee. The developer
shall have the burden of proof in contesting the amount of the fee. Within thirty (30) days
of receipt of the notice of appeal, a public hearing on the appeal shall be held by the city
council, and the decision shall be final and conclusive in determining the amount of the
fee.
(d) The fee shall be paid to the development services department and shall be deposited
and held in appropriate trust accounts and may be expended therefrom only for the
purpose of developing new or rehabilitating existing neighborhood or community park or
recreation facilities to serve the development on which the fee is charged. Upon receipt
of the fee, the development services department shall issue a receipt, and the receipt
shall be presented as proof of payment of the fee prior to the issuance of any permit for
buildings and structures pursuant to this Zoning Code.
(e) In order that the fees levied pursuant to subsection (a) keep pace with the cost of
land, the fee schedule described in subsection (a) shall be periodically adjusted on a
biennial basis, or as specified by city council by resolution. The fee schedule shall be
adjusted consistent with applicable law.
Ordinance No. 2021-03 Page 14 of 17
(f) Upon application to the development services department, the payment of the fee
may be deferred where the department makes the following findings:
(1) The developer has entered into a fee agreement with written evidence of
adequate security to assure payment of the fee at a date prior to the issuance of a
certificate of occupancy, and in a form approved by the city attorney; and
(2) The deferral of the fee shall not adversely impact the development of new or
the rehabilitation of existing neighborhood or community park or recreational facilities to
serve the development.
13-276.7. Procedure, credit.
(a) Procedure. When fees are required, the same shall be deposited with the
Development Services Department prior to issuance of building permits.
(b) Credit. Credit shall be granted for dwelling units demolished as a part of the
development. This credit shall be limited to the number of units existing at the time of the
approval of the project and shall not be transferred to other developments.
SECTION 7. Repeal. All portions of prior ordinances, including those within Urgency
Ordinance 19-19, to the extent that they are inconsistent with the terms of this ordinance
are replaced by the terms of this ordinance.
SECTION 8. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") under Public Resources Code
section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines
sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new
construction or small structures] and 15305 [minor alterations to land]. This ordinance is
also exempt under CEQA Guidelines section 15061, because this ordinance will not have
a significant effect on the environment, because ADUs will largely constitute infill housing
which is exempt from CEQA.
SECTION 9. Inconsistencies with State Law. Any provision of this ordinance which is
inconsistent with state law shall be interpreted in a manner which is the most limiting on
the ability to create ADUs or Junior ADUs, but which is consistent with state law. Any
provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 10. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa
hereby declares that it would have adopted this Ordinance and each section, subsection,
Ordinance No. 2021-03 Page 15 of 17
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 11. Effective Date. This Ordinance shall take effect on the 31 st day after
adoption.
SECTION 12. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
SECTION 13. Transmit Ordinance to HCD. The City Clerk is directed to send a copy
of this ordinance to the Department of Housing and Community Development within 60
days of the adoption of this ordinance.
SECTION 14. Processing Existing Applications. For complete applications which
involve ADUs and/or JADUs which were in plan -check, or which were included in a
complete application as of the effective date of this ordinance (i.e., city staff issued a
building permit number), the portions of the applications that apply to ADUs and JADUs
shall continue to be processed (and approved or denied) pursuant to Urgency Ordinance
19-19. All other applications which involve ADUs and/or JADUs shall be processed
pursuant to the requirements of this ordinance. Applicants who opt to rescind any pending
application for an ADU or JADU may resubmit the application pursuant to this ordinance;
however, any such applicant's processing fees (distinguished from development impact
fees) for the original application shall not offset the processing fees for the new
application.
Ordinance No. 2021-03 Page 16 of 17
PASSED AND ADOPTED this 2"d day of March, 2021
0�' k" k .
Andrea Marr, Mayor Pro Tern
ATTEST:
� � (x&
Brenda Green, C t Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA 1
APPROVED AS TO FORM
lkimberlolall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, do hereby certify that
the above and foregoing is a true and correct copy of Ordinance No. 2021-03 introduced
at a regular meeting of the City Council of the City of Costa Mesa held on the 16th day of
February, 2021, and was thereafter adopted at a regular meeting held on the 2"d day of
March, 2021, by the following vote:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS,
AND MARK.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: FOLEY.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of March, 2021.
Brenda Green, C4 Clerk
Ordinance No. 2021-03 Page 17 of 17