HomeMy WebLinkAbout98-05 Minor Additions and Revisions to Clarify Text Regarding ZoningORDINANCE NO. 98-5
AN ORDINAN�E OF THE CITY COUNCIL OF TAE
CTTY OF COSTA MESA, CALIFORNIA AMENDING
TITLES 9 AND 13 OF T�+; CYTY OF COSTA MESA
MUNICIPAL CODE MAKING MINOR ADDITIONS
AND REVISIONS TO CLARIFY TEXT REGARDING
ZONING.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa finds and declares as
follows:
WHEREAS, the City of Costa Mesa comprehensively revised its zoning
provisions contained in Title 13 of the City of Costa Mesa Municipal Code by adoption
of Ordinance Number 97-11; and
WHEREAS, minor corrections and/ar additions are necessary to clarify the intent
of certain municipal code sections in Titie 9 and Title 13; and
WHEREAS, the proposed amendments have been reviewed far compliance with
the Califbrnia Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's
environmental procedures, and have been found to be exempt.
Section 2. Subsection (e) of Section 9-341 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
"(e) That a massage establishment has been used as a place where sexual intercourse,
sodomy, oral copulation, masturbation, prostitution, assignation or other
"specified sexual acti�ities," as defined in section 13-130 of Title 13, occur or
have occurred."
Section 3. Section 9-346 of the City of Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 9-346. Public nuisance.
In addition to the penalties set forth above, any massage establishment which is operating
in violation of this article or any provision thereof is hereby declared to constitute a
public nuisance and, as such, may be abated or enjoined Prom further operation. All costs
to abate such public nuisances, including attorney's fees and court costs, shall be paid by
the licensee of the massage establishment pursuant to section 13-17."
Section 4. The following paragraphs of Section 13-6 of the City of Costa
Mesa Municipal Code are hereby amended to read as follows:
"Familv dav care home - large. A home which provides family day care to 7 to 14
children as defined in Section 1596.78 of the State Health and Safety Code.
Family dav care home - small. A home which provides family day care to 8 or fewer
children as defined in Section 1596.78 of the State Health and Safety Code."
Section 5. Subsection (p) of Section 13-29 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
"(p) Amendment to a planning application. Any approved planning application may
be amended by following the same procedure and fee schedule as required for the
initial approval, with the exception of the following two instances:
(1) Minor amendments to conditional use permits sha11 be processed as minor
conditional use permits; and
(2) Amendments Yo master plans which comply with Section 13-28(�(1) may be
authorized by the Planning Division."
Section 6. Subparagraph (1) of Subsection (e) of Section 13-29 of the City of
Costa Mesa Municipal Code is hereby amended to read as follows:
"(1) Compatible and harmonious relationship between the proposed building(s),
site development, and use(s), and the building(s), site developments, and
uses that exist or have been approved for the general neighborhood."
Section 7. Subparagraph (8) of Subsection (g) of Section 13-29 of the City of
Costa Mesa Municipal Code is hereby amended to read as follows:
"(8) Planned signing program findings:
a. The proposed signing is consistent with the intent of CHAPTER VIII
SIGNS and the General Plan.
b. The proposed signs are consistent with each other in design and
construction - taking into account sign style and shape, materials, letter
style, colors and illumination.
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."
Section 8. Table 13-30 of the City of Costa Mesa Municipal Code is hereby
amended to read as follows:
E
'V. Sin
2. Mu
4. Single room
(subiect to Citv C
� units P° P P P • • • • • • • • p
units • p ' p p . . . . . . . . p
: parkS • C C C • • • • • • • • C
occupancy residential hotel • • • • • • CZ CZ • • • • •
�OG
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�SSS�
.. .. _..........._..,....._.
5. Accessory apartments (subject to the PZ • • • • • • • • . . . . . . . . . . . .
requirements of Section 13-35 ACCESSORY
.4PARTMENTS)
6. Animals, keepin of SEE TITLE 3, ANIMALS AND FOWL
i. Antennas: Amateur radio, Satellite dish, SEE CHAPTER IX, ARTICLE 2, ANTENNAS
Communication
II. Accessory commercial uses in Pz • • • • • • . . . . . . . . . . . . . .
transitional area (854-1014 W. 79`" Street,
EVEN numbers only, and 1903 Federel Avenue
and subject to CHAPTER IX, ARTICLE 71,
TRANSITIONAL AREAS)
�I, Day care facilities (15 children or more) C C C C C C C C C C
(see also Nursery schools)
10. Family day care - large (7-14 children) PZ PZ PZ P2 • • • • • •
Isubject to the requirecnents of Section 13-37
LARGE FAMILY DAY CARE HOMES)
11. Family day care - small (up to 8 P P P P • • • • • •
C C C C C C C C C P •
. . pz p2 pz Pz Pz Pz, p . .
,3 3
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3
1. Uses proposed in this zone are subject to verification of consistency with the adopted master plan. Uses not specified in the master pla¢, could be atlowed, subject to the
review process indicated in this matrix, if the proposed use is detecmined to be comparible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residenrial uses e�st, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditional Use Permit; MC - Minor Conditional Use Permit; P- Permitted; •- Pcolubited
12. Garagetyard sales - no more than 2 P P P P • • • • • . . . p p p p p3 p3 , . ,
events permitted a year, not to exceed 3
consecutive days
13. Granny units (subject to the requirements PZ • • • • • • • . . • . • • . • . • . • •
of Section 1336 GRANNY UNITS)
14. Home occupations (subject to the PZ PZ PZ PZ • • • • • . • . pz p2 p2 p2 Pz Pz • • •
requirements of CHAPTER IX, ARTICLE 6, HOME ,a a
OCCUPATIONS)
15. Home occupations that generate traffic M M M M • • • • • • • • MC M M M M M • • •
and do not involve Pnore than one CZ CZ Cz CZ 2 CZ CZ CZ CZ CZ•
customer/client at a time or more than 8 .3 3
customers/clients per day (subject to the
requirements of CHAPTER IX, ARTICLE 6, HOME
OCCUPATIONS)
'16. Nonresidential accessory uses in a • • • • • • . . . . . . . . . . . . . . .
residential development not otherwise
specified in this table
77. Renting of room and board for 3 or P P P P • • • • • • • •
fewer persons per unit
'O8. Renting of room and board for 4 or C C C C • • • • • • • •
more persons per unit
'V 9. Temporary real estate and construction PZ PZ PZ PZ Pz PZ PZ Pz PZ Pz PZ P
offices (subject to the requirements of
CHAPTER IX, ARTICLE 10, TEMPORARY
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1. 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.
2. Tlus use is subject to the requirements of the referenced Munlcipal Code article or secrion.
3. If residenrial uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non-shaded areas shal] have the following meaning:
C- Conditional Use Permit MC - Minoc Conditional Use Permit; P- Permitted; •- Prolribited
20. The fiollowing state regulated care P P P P • • • • • •
facilities which serve 6 or tewer persons:
• Alcoholism �ecovery facility
• Congregate living heafth facility
• Facility for mentally disordered, ha�dicapped
persons, or dependent and neglected children
• Intermediate care facility/developmentally disabled
habilitative
• Intermediate care facility/developmentally disa6led
nursing
• Residential care facility
• Residential care facility for the elderly
• Residential facility
21. State regulated care facilities listed • C C C C C C C • •
above which serve 7 or more persons
22. State regulated care facilities not listed • C C C C C C C • •
��DDDO��DO�
' I' I' I' I' I' I' I' I P''
. . . . . . . . p . .
23. Cemeteries • • • • • • • • e • • • • • • • • • C • •
24. Churches and other places of religious C C C C C C C C C C C C C C C C C C P C •
assem bly
25. Civic and community clubs C C C C C C P P P P C C C C C C C C C • •
26. Convalescent hospitals; Nursing homes • C C C C C C C • • • • • • • • . . p,,,', . .
27. Country clubs; golf courses C C C C • • • • • • • • C C C C • • P £' •
5
1. Uses proposed in this zone are subject to verificafion 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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditional Use Permit; MC - Minor Condirional Use Permit; P- Permitted; •- Prohibited
28. Crematories - See also Mortuaries
services
29. Fairgrounds; Outdoor festival
(�permanent)
30. Hospitals, qeneral
31. Libraries
W2. Mortuary services without crematories
?�3. Nu�sery schools - see also Day care
facilities for 15 or more children
3,4. Parks and playgrounds
3,5. Public offices and facilities, such as
city halls, courthouses, police/fire stations, etc.
36. Schools: primary, secondary and
colleges
3J. Schools: trade and vocational
38. Senior congregate care facility
39. Swap meets
40. Work furlouah facilitv
41. Christmas tree lots; Pumpkin patches;
Fireworks stands; Produce stands (subject to
the requirements of TITLE 9, CHAPTER II,
REGULATION OF CERTAIN BUSINESSFSI
. I. I . I. I. I. . C • • C C • • �• • • • C • �
. . . . . . . . . . . . . . . . . . C . .
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1. Uses proposed in this zone aze 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 ffie proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist accessory uses shall be permitted.
4. For the puiposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditiona! Use Permit; MC - Minor Condirional Use Permit; P- Permitted; •- Prohibited
42. Acupressure; Massage Isubjea to the • • • • Pz Pz pz p2 pz pz . . . . . . pz . • , .
requirements of TITLE 9, CHAPTER 11, ARTICLE '
22, MASSAGE ESTABLISHMENTS AND
PRACTITIONERS) ��.
��3. Adult businesses - See Sexually-
oriented.businesses
4�4. Aggregate batch plants; Rock or asphalt • • • • • •, • • . . . . . . . . . . . . .
crushing; Sand blasting
4�5. Ambulance services • • • • C C C C C C C C • • • • C C • • •
�'�6. Amusement centers (subject to the • • • • • • C� CZ CZ CZ • • • CZ CZ CZ Cz • • • •
requirements of CHAPTER IX, ARTICLE 5, �.
ELECTRONIC GAME MACHINES)
4-7. Animal hospitals; Veterinary services • • • • • C C P P C C C • • • • P • • • •
(IKenneling only when incidental to principal
tuospital use)
48. Animal shelters, pounds, kennels, • • • • • • • C • • C C • • • • • • C • .
t�aining schools
4�9. Artists, sculptors studios • • • • P P P P P P P P • • • • P P • • •
50. Auction houses • • • • • • C C C C C C • • • • C C • • •
51. Automobile - See Motor vehicle
52. Banks; Savings and Loans; and other • • • • P P P P P P • • • C C C P C • • •
Financial institutions
53. Bars; Nightclubs - See Establishments
v�✓here food or beverages are served
54. Barber and beauty shops • • • • • P P P P P • • • C C C P C:' • • •
55. Billiards parlors • • • • • • C C C C C C • C C C C C • • •
�
1. Uses proposed in this zone aze subject to vetifica6on 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 mahix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. 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; •- Prohibited
6. Botanical garder
7. Bowlinp centers
58. Breweries; Distilleries
59. Breweries, micro (in conjunction with
establishments where food or beverages are
served)
60. Building supplies; Hardware stores
(retaiq
61. Business services - See Offices
62. Car washes
63. Carts - Outdoor retail sales in
c�njunction 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
. . . . . . C C C C . . . . . . . . � . .
. • . . . . C C C C • . . . . C � . . . .
• • • • • • • • • • C C • • • • • • • • e
• • • • • • C C C C C C • C C C C C • • •
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C C C C C • • •
M M M M M M • •
C C C C C C
. . . p p . . .
. . . . . .
M M M M M •
C C C C C
. . . p' p .
68. Commeraal test�ng laboratories • • • • • • . . . . p p ,� . . . . p .
6'9. Computer and data processing • • • • P P P P P P P P � • • • P p •
7�0. Contracting: General contrectors; • • • • • C C P C • P P � • • • • P •
Operative builders
71. Convenience stores; Mini-markets • • • • • C C C C C • • � • C C C • •
8
I. 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 tlus matrix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section. �
3. If residential uses �ist, accessory uses shall be pettnitted.
4. For the purposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditional Use Permit; MC - Minor Conditional Use Permit; P- Permitted; •- Prohibited
. .
. .
. i.
. i .
i2. Department stores (retaiq
i3. Electronic game machines (4 or more),
incidental to the primary use, (subject to the
requirements of CHAPTER IX, ARTICLE 5,
ELECTRONIC GAME MACHINES)
i4. Engineering; Architectural; and
Surveying services - See Offices
75. Entertainme�t, Iive 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 Supermarkets;
Convenience stores; or Liquor stores
81. Hazardous waste facilities, Off-Site
(subject to CHAPTER IX ARTICLE 9, OFF-SITE
• • • • • • P P P P • • •
• • • • M M M M M M M •
CZ CZ CZ CZ CZ Cz CZ
• • • • s SEE TITLE 9, ARTICLE 7 7,
REGULATORY PERMITS FOR PUBLIC
ENTERTAINMENT
• • • • • SEE CHAPTER V, ARTICLE 4,
ESTABLISHMENTS WHERE FOOD OR
BEVERAGES ARESERVED
•
• • • • • M M M M M M M •
C C C C C C C
• • • • • • C P P • P P •
• • • • • s P P P P • • •
• • • • • • CZ Cz CZ CZ CZ CZ •
. . . C . .
M M M M M •
CZ CZ CZ CZ CZ
SEE TITLE 9, ARTICLE 11,
REGULATORY PERMITS FOR PUBLIC
ENTERTAINMENT
SEE CHAPTER V, ARTICLE •
4, ESTABLISHMENTS
WHERE FOOD OR
BEVERAGES ARESERVED
. . . p p •
•
•
. i.
M M M M M M • •
C C C C C C
. . . . p . . .
C C C C • • • •
• • • CZ Cz CZ • •
a�. neuports;t1811SiOpS �• �• �• �• I• I• I• I• IC IC IC IC I• I• I� I� IC IC IC IC I
9
1. Uses proposed in this zone aze subject to verificalion 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.
2_ This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residenrial uses exist, accessory uses shall be pennitted.
4. For the purposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditional Use PermiT, MC - Minor Conditional Use Permtt; P- Permitted; •- Prohibited
E3. Hotels- see also Motels • • • • • • C C C P • •
E4. Landscape services (installation and • • • • • G C P P • P P
maintenance)
E�5. Laundry, cleaning and garment services, • • • • • C IP ' P P P P P
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E6. Leather tanning and finishing • • • • • • • • • • C C •
$7. Limousine services • • • • • C C C C C C C •
88. Liquor stores • • • • • C C C C C • • •
8�9. Lumber and building materials dealers, • • • • • • • • • . p p .
(vvholesale)
9i0. Manufacturing: Light, (subject to Section 73- • • • • • •
541a) PERFORMANCE STANDARDS)
EXCEPT the following which are prohibited:
• Manufacture of fertilizer
• Manufacture of products involving the use of
explosives
• Manufacture of rub6er (including tires), steel
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91. Manufacturing of chemical products, • • • • • • • • • • CZ CZ • • • • • CZ • • •
paints, pharmaceuticals, and plastics Isubject
to Section 13-541a1 PERFORMANCF STANDARf1S1
1�
1. Uses proposed in this zone aze subject to verification of consistency with the adopted master plan. Uses uot specified in the master plan, wuld be allowed, subject to the
review process indicated in this matris, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning:
C- Conditional Use Peimit MC - Minor Condirional Use Permit; P- Permitted; •- Prohibited
92. Manufacturing of stone, clay, glass and • • • • • •
concrete products (subjectto section t3-5a�a1
PERFORMANCE STANDARDS) �
EXCEPT the following which are prohibited:
a Manufacture of flat glass
a Manufacture of cement and structural clay products
� Manufacture of concrete, gypsum and plaster
products
�� Manufacture of a6rasive and asbestos products
�� Manufacture of nonclay refractories and cmcibles
� Processing and preparation of clay, ceremic and
refractory minerals
' I' I' I' IPZIPZ I• I• I• I• I• IPZ I• I• I•
93. Manufacturmg or processing of foods • • • • • • • • • . pz pz . . . . . pz . . .
and beverages (subjeot co secnon i 3-5a1a1
PERFORMANCE STANDARDS)
EXCEPT the following which are prohibited:
• Meat and pouRry packing 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 (subject • • • • PZ PZ PZ PZ Pz PZ • • • • • . pz . . . .
to the requirements of TITLE 9, CHAPTER II,
PAASSAGE ESTABLISHMENTS AND
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11
1. Uses proposed in this zone are subject to verificarion 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 mahix, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residenrial uses exist accessory uses shall be permitted.
4. 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; •- Prohibited
96. Metal fabrication, welding, foundry, die • • • • • • • • . .
Castln9 (subject to Section 13-54(a) PERFORMANCE
STANDARDS)
87. Motels- (subject to requirements of • • • • • • CZ CZ • •
CHAPTER IX, ARTICLE 8, MOTELS)
(See also Hotels)
98. Motion picture and television studios • • • • • • • C . .
99. Motion picture theaters and other • • • • • • p p p p
theaters NOT WITHIN 200' of residential
zones
� 00. Motion picture theaters and other • • • • • • C C C C
theaters WITHIN 200' of residential zones
'V01. Motor oil, used - collection facility • • • • • • pz pz pz .
(subject to the requirements of CHAPTER IX,
ARTICLE 9, OFF-SITE h1AZARDOUS WASTE
FACILITIES/
PZIPz I• I• I• I• I• I• I• I• I•
. . • . • . . • . • .
P P • . . . P.,.,', p . . .
. . . . . . p . . . .
• I. I. I. I. I. C....
pz p2 . . . . pz Pz Pz Pz
T02. Motor vehicle, Boat, and Motorcycle • • • • • • C C C C � C � C �• �• �• �• � C � C �• �• �•
retail sales, leasing, rentals and service WITH
2 or more outdoor display parking spaces
103. Motor vehicle, Boat, and Motorcycle • • • • • • P P P P
retail sales, leasing, and rentals WITH 1 or
less outdoor display parking space and no
seroice (subject to verification of parking
availability)
104. Motor vehicle service stations • • • • • . r r r .
P IP I• I• I• I• IP IP I• I• I•
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12
1. Uses proposed in this zone aze subject to verification of consistency with the adopted maste� plan. Uses not specified in the master pla¢, could be allowed, subject to the
review process indicated in this matriY, if the proposed use is determined to be compatible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or secrion.
3. If residential uses exist, accessory uses shall be permitted. �
4. For the purposes of this table, the symbols in the non-shaded areas shall have the following meaning:
C- Conditional Use PermiT, MC - Minor Condirional Use Permit; P- Permitted; •- Prohibited
105. Motor vehicle service stations with • • • • • • CZ CZ C2 • • • •
concurrent sale of alcoholic beverages
(subject to requirements of CHAPTER IX,
A,RTICLE 3, CONCURRENT SALE OF ALCOHOLIC
BEVERAGES AND MOTOR VEHICLE FUEL)
106. Motor vehicle; Boat; and Motorcycle • • • • • • P P P • P P •
repair services (including body and paint
�r✓ork), NOT WITHIN 200' of residential zone
107. Motor vehide; Boat; and Motorcycle • • • • • • C C C • C C •
repair services (including body and paint
N�ork�, WITHIN 200' of residential zone
108. Nurseries (retail with no bulk fertilizer) • • • • • C C P P • C C •
109. Offices: Central administrative • • • • p p p p p p p p .
110. Offices: Engineering; Architectural; • • • • p p p p p p P P •
and Surveying services
111. Offices: General • • • • p p p p p p C C •
112. Offices: Management; Consulting and • • • • P P p p P P P P •
public relations
713. Offices: Medical and dental • • • • p p p p p p . . .
114. Offices: Services to businesses such • • • • P P p p p p p p .
as bookkeeping and data processing
115. Off-street parking lots and structures • • • • C C C C C P C C •
induding related maintenance buildings
116. Off-street parking lots and structures, • • • • M M M M M M M M •
incideMal uses within C C C C C C C C
• �• �• �Cz�• �• �• �•
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13
1. Uses proposed in this zone aze 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 comparible with the adopted master plan.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditional Use Permit; MC - Minor Condirional Use PermiY; P- Permitted� .- Prohibited
117. Oil fields; Oil wells (see CHAPTER XIV, • e • • • • . . • . . . . . • . . • . • .
OIL DRILLING)
11$. PBWn ShOpS • • • • • C C C C • • • •
119. Photocopying; Blueprinting and related • • • • • P P P P P P P •
services
120. Photofinishing laboratories • • • • • • • . . . p p .
121. Photofinishing stores • • • • . p p p p p . . .
122. Photography: Commercial • • • • M M M P P M M M •
��� � ��
123. Photography: Portrait studio • • • • p p p p p p . . .
124. Physical fitness facilities • • • • • • C C C C C C •
125. Printing and publishing • • • • • • C P C C P P •
1 26. Recording studios • • • • • • C C C • M M •
C C
127. Recycling and collection facilities for • • • • • M M M M • M M •
nonhazardous materials C C C C C C
128. Research and development • • • • C C C P C C P P •
laboratories
129. Restaurants - See Establishments
where food or beverages are served
������
������
�������
���0��
i���A�
i���A�
• • • C C • • •
. . . p p . . .
• • • C M • • •
C
• • • M M M M •
C C C C
• • . • p . • .
130. Retail: General - See also Pawn shops, • • • • • P P P P P • • • C C C P C • • •
Supermarkets, Grocery stores, Convenience
stores; or Liquor Stores
14
1. Uses proposed in this zone aze 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.
2. This use is subject to the requirements of the referenced Municipal Code article or section.
3. If residential uses exist, accessory uses shal] be permitted.
4. For the purposes of this table, the symbols in the non-shaded azeas shall have the following meaning:
C- Conditional Use Permit; MC - Minor Conditional Use Permit; P- Permitted; •- Prohibited
131. Retail, incidental sales to the mai� use • • • • P P P P P P
732. Retail: Nonstoee • • • • p p p p p p
133. Rifle, pistol, and firing ranges • • • • • • • . . .
134. Sexually-oriented businesses (subject to • • • • � PZ pz pz pz .
the requirements of TITLE 9, CHAPTER IV AND I
TITLE 13, CHAPTER IX, SEXUALLY-ORIENTED
BUSINESSES)
135. Skating rinks • • • • • • C C C C
136. Storage of chemicals and allied • • • • • • . . . .
products (except as ancidental use)
137. Storage of explosives • • • • . .
138. Storage of fertilizer
139. Storage of motor vehicles (not
including impound yard)
140. Storage of petroleum and coal
products
141. Storage of rock, sand,crushed
aggregate and gravel
742. Studios: Dance; Martial arts; Music,
etc.
143. Supermarkets - See also Grocery
stores
144. Tattoo oarlors
�Ov0v00voC
�������SS�
• I• I• I• I• I• I• I• I• I•
[avvvvv■
• i• i• i• i• i•
• i• i• i• i• i.
• i• i. i. i. i.
�����������
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�����������
�ssassssssa
. . .
C C •
M M •
C C
• • •
• • • • C C •
P P P M C C •
C
P P P P • • •
C C C • • • •
• • • • s • • •
. . . . . . . .
• • • C M • • •
• I• I• I• I• I• I• I•
• • • • s • • •
C C C P C • • •
C C C C • • • •
�a�av��vvv�
15
1. Uses proposed in this zone aze 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 tlus matrix, if the proposed use is determined to be comparible with the adopted master plan. -
2. This use is subject to The requirements of the referenced Mu�icipal Code article or section.
3. If residential uses e�st, accessory uses shal] be permitted.
4. 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 Petmit; P- Permitted; •- Prohibited
145. Tire sales and installation NOT WITHIN • • • • • • p p p .
200 feet of residential zone
146. Tire sales and installation WITHIN 200 • • • • • • M M M •
feet of residential zone C C C
147. Tow companies with or without • • • • • • C C C •
impound yard
148. Transfer station for refuse, sewage • • • • • • . . . .
treatment
149. Trucking: Local and long distance • • • • • • . � . .
150. Warehouses, Mini Isubject to the • • • • • • CZ CZ CZ •
requirements of CHAPTER IX, ARTICLE 7, MINI-
V'✓AREHOUSES)
157. Warehouses, Public • • • • • • C C C •
152. Warehousing of durable and • • • • • . . e . .
nondurable goods EkCEPT livestock and
poultry - See also Storage
153. Wholesale trade of motor vehicles, • • • • • • C C C C
boats and motorcycles WITH outdoor
storage of vehicles
154. Wholesale trade of motor vehicles, • • • • • M M P P P
boats and motorcycles WITHOUT outdoor C C
s�sorage of vehicles
155. Wholesale trade of durable, nondurable • • • • • M M P P P
goods, EXCEPT livestock, poultry and C C
P IP I• I• I• I• IP IP I• I• I•
M M •
C C
M M •
C C
C C •
P P •
M M •
CZ CZ
P P •
P P •
C IC I•
�0�
�OC
• • • M M • • •
C C
. • . • M • . •
C
• • • • C C • •
. . . . C . . .
. . . . M . . .
CZ
. . . . p . . .
. . . . p . . .
s �° �� � C � C �• �• �•
�OODOVOC
i�000v0�
16
1. Uses proposed in this zone aze subject to verification of consistency with the adopted master plan. Uses �ot specified in the master plazy could be allowed, subjec[ to the
review process indicated in this mah-is, if the proposed use is determined to be compatible with the adopted master plan.
2 This use is subject to the requirements of the referenced Municipat Code article or section.
3. If residential uses exist, accessory uses shall be permitted.
4. For the purposes of this table, the symbols in the non-shaded areas shal] have the following meaning:
C- Condirional Use Pennit; MC - Minor Condirional Use Permit; P- Permitted; •- Prohibited
Section 9. Subsection (c) of Section 13-33 of the City of Costa Mesa
Municipal Code is hereby added to read as follows:
"(c) Shipping containers are prohibited in residential zones."
Section 10. Subsection (c) of Section 13-34 of the City of Costa Mesa
Municipal Code is hereby added to read as follows:
"(c) Detract from the visual identity and integrity of the bluffs."
Section 11. The following rows of Table 13-44 of the City of Costa Mesa
Municipal Code aze hereby amended to read as follows:
Uses Underroof All uses shall be conducted underroof except as allowed by a minor
conditional use permit or as permitted elsewhere in this Zoning Code.
Exception: Sidewallc and pazking lot sales may be allowed for a maximum of
4 sales per fiscal yeaz with a maximum length of 3 days per sale and subject
to obtaining a business permit.
Outdoor Storage Permitted when: Storage does not interfere with required parking or vehicular
(incidental to main use) access; storage is not in required setback area abutting a public right-of-way;
storage does not decrease required landscaping; storage is completely
screened from view from street or adjacent properties; storage complies with
all applicable codes and regulaYions including, but not limited to, the Uniform
Fire Code. Shipping containers shall also comply with seCback requirements
for structures, floor azea ratio standards, and parking requirements. A
permanent foundation shall be required for shipping containers. Storage not
meeting these criteria requires approval of a minor conditional use permit.
Section 12. Subsection (a) of Section 13-48 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
"(a) Outdoor seating areas are permitted provided that the area does not encroach into
required street setback, parking and circulation, or interior landscaped areas; except
as approved through the issuance of a minar conditional use permit or as allowed in
certain planned development zones."
17
Section 13. The following rows of Table 13-53 of the City of Costa Mesa
Municipal Code are hereby amended to read as follows:
Uses Underroof All uses shall be conducted underroof except as allowed by a minor
conditional use permit or as permitted elsewhere in this Zoning Code.
Exception: Sidewall< and parking lot sales may be allowed for a maximum of
4 sales per fiscal year with a maximum length of 3 days per sale and subject
to obtaining a business permit.
Outdoor Storage Permitted when: Storage does not interfere with required parking or vehicular
(incidental to main use) access; storage is not in required setback area abutting a public right-of-way;
storage does not decrease required landscaping; storage is completely
screened from view from street or adjacent properties; storage complies with
all applicable codes and regulations including, but not limited to, the Uniform
Fire Code. Shipping containers shall also comply with setback requirements
for structures, floor area ratio standards, and pazking requirements. A
permanent foundation shall be required for shipping containers. Storage not
meeting these criteria requires approval of a minor conditional use permit.
Section 14. The following rows of Table 13-58 of the City of Costa Mesa
Municipal Code are hereby amended to read as follows:
Uses Underroof All nonresidential uses shall be conducted underroof except as allowed by a
minor conditional use permit or as permitted elsewhere in this Zoning Code.
Fxception: Sidewalk and parking lot sales may be allowed for a maximum of
4 sales per fiscal yeaz with a maximum length of 3 days per sale and subject
to obtaining a business permit.
Outdoor Storage Permitted in non-residential areas of a planned development when: Storage
(incidental to main use) does not interfere with required parking or vehicular access; storage is not in
required setback area abutting a public right-of-way; storage does not
decrease required landscaping; storage is completely screened from view
from street or adjacent properties; storage complies with all applicable codes
aud regulations including, but not limited to, the Uniform Fire Code.
Shipping conYainers shall also comply with setbacl< requiremenYs for
structures, floar azea ratio standards, and parkuig requirements. A permanent
foundation shall be required for shipping containers. Shipping containers are
prohibited in reaidenYial areas. Storage not meeting these criteria requires
approval of a minor conditional use permit.
Section 15. Subparagraph (3) of Subsection (h) of SecYion 13-62 of the City of
Costa Mesa Municipal Code is hereby amended to read as follows:
"(3) Detract from the visual identity and integrity of the bluffs."
Section 16. The following row of Table 13-89 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
"Health Clubs; Spas; Figure Pu•king requirement is 10 spaces per 1,000 square feet.
Salons; Skating Rinks;
Game Arcades"
18
Section 17. Subsection (e) of 5ection 13-93 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
"(e) Prohibited parlcing. In all zones, no parking shall be permitted in any required
setback areas abutting a public street, except in a driveway serving the garage of
only one dwelling unit."
Section 18. Subsection (k) of Section 13-93 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
"(k) Ramp slopes. Ramp slopes shall conform to "City of Costa Mesa Ramp Slope
Standards" which are included herein by this reference and which may be amended
from time to time by resolution of the City Council. Ramps which do not meet the
ramp slope standards may be approved by a minar conditional use permit."
Section 19. Subsection (o) of Section 13-93 of the City of Costa Mesa
Municipal Code is hereby added to read as follows:
"(o) Garages in nonresidential developments. Required parking for nonresidential
projects sha11 not be enclosed with a garage, unless authorized by a minor
conditional use permit. A development review is required far enclosing excess
parking spaces with a garage."
Section 20. The following row of Table 13-ll 5 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
BUILDING SIGNS
(includes permanent
window signs)
PERMIT REQUIRED Yes
Section 21. The following row is hereby added to Table 13-115 of the City of
Costa Mesa Municipal Code as follows:
19
Section 22. The following row regarding banners of Table 13-115 of the City
of Costa Mesa Municipal Code is hereby amended to read as follows:
DEVELOPMENT 1. The entire surface of the banner must be securety affixed to a building wall of the business
STANDARDS being advertised, or ro the sign face of a fi•eestanding sign.
2. May not be a[tached to any staff, pole, ]ine, framing, vehicle or similar support.
3. May not projec[ above roof.
4. Must be maintained in good condition; removed or replaced if torn, faded or dirty.
Section 23. The following row of Table 13-142 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
Radiofrequency (RF) Radiation No transmitting antenna or facility, except as categorically excluded
by the Federal Communication Commission, shall exceed the
radiofrequency (RF) radiation and Maximum Permissible Exposure
(MPE) limits for electrical and magnetic field shength and power
density established by the National Council on Radiation Protection
and Measurements (NCRP) and the 1992 ANSI/IEEE for an
"uncontrolled environment". It shall be the responsibility of the
applicant to provide evidence of compliance with applicable
standards.
Section 24. Subparagraphs (3) and (4) of Subsection (b) of Section 13-143 of
the City of Costa Mesa Municipal Code are hereby amended to read as follows:
"(3) Nonconforming amateur radio antennas which have been registered with
the City as oFMay 7, 1990, may be enlarged, expanded or relocated only if
the enlargement, expansion or relocation does not result in a greater
nonconformity with the development standards specified in this article, or
with the NCRP and the 1992 ANSI/IEEE regulations regarding
environmental radiofrequency radiation, except as categorically excluded
by the Federal Communications Commission.
(4) Nonconfarming amateur radio antennas which have not been registered
with the City as of May 7, 1990, may be enlazged, expanded, changed in
use, increased in power, or relocated provided that the enlargement,
expansion, change in use, or increase in power, is in compliance with the
NCRP and the 1992 ANSUIEEE regulations regarding environmental
radiofrequency radiation, except as categorically excluded by the Federal
Communications Commission and the antenna complies with applicable
provisions of this article."
Section 25. Subparagraph (2) of Subsection (c) of Section 13-143 of the City
of Costa Mesa Municipal Code are hereby amended to read as follows:
"(2) A nonconforming communication antenna with valid building permits may
be enlarged, expanded ar relocated only if the enlargement, expansion or
relocation does not result in a greater nonconformity with the development
20
standards specified in this article, and provided the antenna complies with
the NCRP and the 1992 ANSI/IEEE regulations regarding environmental
radiofrequency radiation. A nonconforming communication antenna with
valid building permits may be changed in use and/or power, and/or
converted to a transmitting antenna provided that ANSI/IEEE regulations
regarding environmental radiofrequency radiation are complied with in
addition to compliance with applicable requirements o£ this article,
including Table 13-141 ANTENNA REVIEW REQUIREMENTS."
Section 26. Subsection (a) of Section 13-169 of the City of Costa Mesa
Municipal Code is hereby added to read as follows:
"(a) Any home occupation permit may be revoked by the Planning Division at any
time after its issuance if the Planning Division notifies the permittee, in writing,
of the decision to revoke the permit. The notice shall state the reasons for the
action and shall refer to the appeal procedures prescribed in TITLE 2, CHAPTER
IX APPEAL, REHEARING AND REVIEW PROCEDURE. The existence of
any one or mare of the following factors shall be sufficient grounds for revocation
of the permit:"
Section 27. Section 13-187 of the City of Costa Mesa Municipal Code is
hereby amended to read as follows:
"Sec. 13-187. TEMPORARY REAL ESTATE AND CONSTRUCTION OFFICES"
Temporary trailers may be approved by the Planning Division for real estate offices
related to the sale of lots or dwelling units in any approved subdivision and for
construction offices related to approved development occurring on the same site. The
approval period shall be limited to a period of one year; extensions of time may be
granted by the Development Services Director For good cause. Building permits shall be
required."
21
Section 28. The following row of Table 13-204 of the City of Costa Mesa
Municipal Code is hereby amended to read as follows:
: ay�;� "�`'s.� `� �,. ��'�a � 7�:c�_._ �� ��. �a�3P�" �ae.F 4 � _"1������� i_ i � s 5 ;_� � �,�;? _ r-� �.� ,., a,.�.,. Y 2�_.,�::._ ���.
�. � �
� � � e ,, i�_ .. y �., � . ,� :; �. F ,a r- .
� �-�rx� '+�, ���k a�::cv�,�`�,�s� �. �'` �' : � � �L'L�"Lt���'�Si. �r `` 4 �. 3 �' : c�. .�.,
.v_�� ....m :,-. ,.d_. .�_.b- m.�_m��. � . . .
. „r.._x. �, �.:`.. r__m_..�� .__m. __.,�.ro._m._..�.v._.mm. �_.�_.,_: t
���F�a�i�y��.C)�j ri�na��4 Se.F. _ t�����G1.:Eln\,I�,��a��� �i'�F .._. _ �'�$�y�tt(�'`�.�'L�'m�ii�'�7..'e`Tii��.i ��....5
Nonconforming Dwelling Units Alterations may be made to nonconforming The following provisions shall apply to the
comaining Conforming Uses dwelling units provided the following criteria reconstmction of legal nonconfoiming dwelling
are met: units. Any reconstruction allowed must be started
1. The zone is residential; wi[hin a period of one year and carried out diligently
2. The altera[ion or addi[ion itself complies [o completion. An extension of time [o start the
with all applicable sections of this Zoning restoration may be granted for good cause by the
Code and other codes; Development Services Director. �
3. The addi[ion does no[ occupy the only 1. If the uni[(s) in any residential zone is/are
portion of an area which can be used for destroyed unintentlonally by any means, to any
required garages, parking spaces or access extent, the damage may be restored and the
thereto; and occupancy continued or resumed provided that
4. The residentia] development will not be [he restoration is of an equal or ]esser degree of
made more nonconforming. nonconformity.
5. When the existing main building, 2. 5ee Section 13-205 regarding provisions for
excluding architectm�al feamres, projects rebuilding after voluntary desVuction in multi-
into required se[back areas, minor family zones.
building additions may encroach in[o 3. Should a legally conshvcted dwelling unit in a
required setback areas with approval of a commercial or industrial zone be desa�oyed by
minor modification. any means [o an extent of more than 50 percen[
of the maxket vnlue, it shall not be
reconatiucCed.
4. Should a legally construcCed dwell'u�g unit in a
commercial or indusa�ial zone be uniutentionally
destroyed by any means ro an extent of 50
percent or ]ess of the market value, the stiucture
may be restored and [he occupancy or use of
such structure or paxt thereof may be coi�[umed
or resqmed provided that the restoration is of an
e ual or lesser de ree of nonconformit .
Section 29. The title of Section 13-205 of the City of Costa Mesa Municipal
Code is hereby ainended to read as follows:
"Sec. 13-205. PROVISIONS FOR MULTI-FAMILY ZONES FOR REBUILDING
AFTER VOLUNTARY DESTRUCTION"
Section 30. Severability
If any provision or clause of this ordinance or the application thereof to any person or
circumstances is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other provisions or clauses or
applications of this ordinance which can be implemented without the invalid provision,
clause or application; and to this end, the provisions of this ordinance are declared to be
severable.
22
Section 31. Publication
This Ordinance shall take effect and be in full force thirty (30) days from and after the passage
thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once
in a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall post
in the office of the City Clerk a certified copy of this Ordinance together with the names of the
members of the City Council voting for and against the same.
PASSED AND ADOPTED this 2nd day of March, 1998.
ATTEST:
�t.�h.u� T . i�e. � �
Deputy City lerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF CO5TA MESA )
Mayor of the City of
,...� � < � #.
; �j
. . .�.�, �,,.,.,�,,,, �
� �.
I, MARY T. ELLIOTT, Deputy City Clerk and ex-officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 98-5 was
introduced and considered section by section at a regular meeting of the City Council held on
the 17th day of February, 1998, and thereafter passed and adopted as a whole at a regular
meeting of the City Council held on the 2nd day of March, 1998, by the following roll call vote:
AYES
NOES
ABSENT
'�uFFA� I�on1ANAn�� ��iel�Sn�J, �oC���, �oM�IZS
1�DNE
IN I�JITIVESS WHEREOF, I have hereunw set my hand and affixed the Seal of the City
of �osta 1�1esa this 3rd day of March, 1998.
23
�c-�-�
Deputy City lerk and ex-officio Clerk of
the City Council of the City of Costa Mesa