HomeMy WebLinkAbout- - CO-10-06 Amend Title 13 - 9/20/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 20, 2011
ITEM NUMBER:
SUBJECT: ZONING CODE AMENDMENT CO -10-06 TO AMEND TITLE 13, ARTICLE 2 DEFINITIONS,
AND CHAPTERS 111, IV, V, VI, AND XII OF THE COSTA MESA MUNICIPAL CODE
RELATING TO RESIDENTIAL SECOND UNITS (AXA GRANNY UNITS, AND
ACCESSORY APARTMENTS)
DATE: SEPTEMBER 6, 2011
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: CLAIRE FLYNN, ACTING ASST. DEVELOPMENT SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: CLAIRE FLYNN, (714) 754-5278
cflynn(c)-ci.costa-mesa.cams
RECOMMENDATION
Introduce and give first reading to ordinance.
BACKGROUND
Description of Ordinance
Code Amendment CO -10-06 is an amendment to Title 13 of the Costa Mesa Municipal Code
to revise the regulations regarding second units. (Attachment 2, Draft Ordinance)
A second unit is defined as a second dwelling unit that is established in conjunction with and
subordinate to a primary dwelling unit. The second unit may be attached to the primary
dwelling unit or located in a detached accessory building on the same lot. It may also be
referred to as an accessory apartment, granny unit, granny flat, or in-law apartment.
Granny units and accessory apartments are subject to specific development standards,
including a requirement to provide two open parking spaces to serve the unit. These second
dwelling units are allowed in R1 (single-family residential district) zones, subject to compliance
with development standards.
Since 1998, there have been about 19 second units approved in an R1 zone and 17 have been
constructed to date.
Meeting History
On August 3, 2010, the City Council directed staff to move forward with this amendment as
recommended by the Planning Commission.
On May 23, 2011, Planning Commission conducted a special study session regarding illegal
construction of second units. Planning staff reviewed the existing land use context and Code
regulations for these structures. The City Attorney's office provided legal review of current
State law which promotes the production of second units by streamlining the development
review process.
On July 11, 2011, Planning Commission conducted a public hearing and recommended that
City Council approve the ordinance. The Planning Commission report and meeting minutes
can be downloaded per the following the links:
http://www.ci.costa-mesa.ca.us/council/planning/pa 110711.pdf
http://www.ci.costa-mesa.ca.us/council/planning/pm 110711.pdf
ANALYSIS
Code Amendment CO -10-06
The purpose of the code amendment is to:
• Update the Code requirements to be consistent with State law and the City's
Housing Element
• Address the Planning Commission's and City Council's concerns regarding the
construction of granny units.
The following discussion highlights proposed changes to the Zoning Code. The
redlined/strikeout exhibits are provided as Attachment 1 and the Draft Ordinance as
Attachment 2.
Amendments Consistent with State Law
• Replace individual references to granny units and accessory apartments with a
new definition:
Current Code does not have a definition for a second unit. The Code Amendment
creates a new definition to include granny units and accessory apartments.
"Second unit. A second dwelling unit established in conjunction with and
subordinate to a primary dwelling unit. The second unit may be attached to the
primary dwelling unit or located in a detached accessory building on the same lot.
It may also be referred to as an accessory apartment, granny unit, granny flat, or in-
law apartment." (Attachment 313, Definitions)
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Create consistent reference to second units as a land use category.
Current Code has individual references to granny units and accessory apartments
in the Land Use Matrix. The Code Amendment creates a single category for
second units, but there are no changes to the existing regulation that second units
are only permitted in the R1 zone. (Attachment 3D, 3E, 3F: Chapter IV City Land
Use Matrix, Table 13-30 City of Costa Mesa Land Use Matrix)
Promote the creation of second units and consider them in conformance with
General Plan density standards.
Current Code implies — but does not clearly specify -- that second units in R1
zones are consistent with the General Plan with regard to density limits. The
Code Amendment makes it clear that second units may be considered consistent
with the General Plan subject to compliance with requirements.
"Sec. 13-35. SECOND UNITS
Pursuant to Government Code § 65852.2, local governments have the authority to
adopt regulations designed to promote second units. A second unit which
conforms to the requirements of this Section shall not be considered to exceed the
allowable density for the lot upon which it is located and shall be deemed to be a
residential use which is consistent with the General Plan designation and zoning
j classification for the lot. " (Attachment 3G and 3H)
Allow ministerial review of second unit applications.
Current Code requires a discretionary review process called a "development
review" for a granny unit application. The Code Amendment eliminates this
processing requirement and allows second unit applications to be considered
ministerially by Planning staff. (Attachment 3C: Chapter III Planning Applications,
Section 13-28(e))
"An application for a second unit shall be considered ministerially by the
Development Services Director or his/her designee. Exception: Where deviations
from the residential development standards are requested, the second unit
application is subject to the application processing procedures as set forth in TITLE
13, CHAPTER III PLANNING APPLICATIONS. An appeal shall be in accordance
with TITLE 2, CHAPTER IX APPEAL, REHEARING AND REVIEW PROCEDURE."
This report has been forwarded to the State Housing and Community Development
Department and no comments have been received at the time of publication.
3
Amendments Consistent with Planning Commission's Objective
The Planning Commission has expressed interest to amend the Zoning Code to better define
and regulate second units to preserve the character of single-family neighborhoods. The
proposed Zoning Code Amendment would achieve this objective as follows (see Attachment
1 A for redlined text):
Require Land Use Restriction related to Owner Occupancy
Current Code requires a Land Use Restriction for granny units to be restricted to
persons 62 years of age or older. The Code Amendment eliminates the
requirement for Land Use Restriction. However, the amendment imposes a
requirement for the primary unit to be owner occupied. (Attachment 3H)
,A Land Use Restriction requiring that the primary dwelling unit be owner occupied
shall be recorded on the property prior to the issuance of a building permit for the
second unit and shall be valid as long as the second unit exists."
• Require Conditional Use Permits for bathrooms with showers or bathtubs in
accessory structures.
Planning Commission had expressed concerns with accessory structures
becoming illegal second units. This change to the Code would require a CUP
(where currently a MCUP is required) to allow Planning Commission to consider
these types of projects on a case-by-case basis. Language from the attached
supplemental memo to the Planning Commission is included in the draft
Ordinance. (Attachment 1)
• Limit opportunities to convert illegal structures into second units.
o Current Code allows granny units to be built (subject to requirements) on a R1 lot
regardless of lot size. This represents 100% of R1 lots.
o Current Code allows accessory apartments to be built on lots with a minimum
size of 10,860 square feet. This represents less than 1 % of R1 lots.
o Proposed Code Amendment will limit second units (i.e. granny flats or accessory
apartments) to about 40% of R1 lots by establishing a minimum lot size
requirement of 7,260 square feet.
The Code Amendment is intended to limit opportunities to convert illegal structures
into granny units by establishing a density standard for a second unit in an R1 zone
that is consistent with the General Plan (1 unit per 3,630 square feet).
The amendment makes an important change by instituting a minimum lot size of
7,260 square feet for second units. This density criterion is consistent with the
General Plan density for the Medium Density Residential designation which allows
multiple units to be constructed on a single lot.
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Because this lot size (7,260 square feet or greater) represents about 40% of the R1
lots in the City, this would significantly limit the number of second units that are
constructed in the R1 zone. However, the Housing Element contains a program
which promotes second units to increase housing opportunities in Costa Mesa. It is
important to maintain this housing goal. Despite this minimum lot size standard for
second units, there will be approximately 4,000 residential properties still eligible for
a second unit, subject to compliance with development standards. Therefore, staff
believes that there is sufficient land inventory for future development of second
units in compliance with the Housing Element. (Attachment 3H)
Applicability of Ordinance
Subsequent to the Planning Commission meeting, an issue was raised with regard to the
applicability of the ordinance provisions on second -unit projects currently in process. The
attached ordinance includes a provision that the Ordinance would not apply to second -unit
applications that have been submitted on or before the effective date of the ordinance. At this
time, one second -unit application is currently in process.
Other Cities
Staff reviewed the second unit ordinances in the Cities of Irvine and Huntington Beach. These
ordinances appear to mirror State Law requirements with no material differences.
These second units are required to comply with the residential development standards of the
R1 zone, including other requirements applicable to second units:
A Land Use Restriction which limits sets forth occupancy restrictions
Unit size limitations and setback standards
Unlike these other Cities, Costa Mesa currently requires two open parking spaces for each
second unit.
ENVIRONMENTAL DETERMINATION
The project has been reviewed for compliance with the California Environmental Quality Act
(CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found
to be exempt pursuant to Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that it
can be seen with certainty that there is no possibility that the proposed amendment to the
Zoning Code will have a significant effect on the environment.
LEGAL REVIEW
Planning staff has worked closely with the City Attorney's office to ensure that the proposed
Code amendment is consistent with State Law. The City Attorney's office has approved the
draft Ordinance as to form.
_6�
ALTERNATIVES
1. Adopt Ordinance. The Code amendment is consistent with State Law requirements for
second units.
2. Receive and file. No changes to the existing regulations will be implemented.
CONCLUSION
Pursuant to the Planning Commission's direction, the proposed Code Amendment is intended
to better define and regulate second units to preserve the character of single-family
neighborhoods and comply with State Law requirements.
6&1 le
CLAIRE L. FLYNN, AICP
Acting Asst. Development Services Director
cc: Chief Executive Officer
City Attorney
Public Services Director
Transportation Svs. Manager
City Engineer
City Clerk
Staff (4)
File (2)
Services Director
Attachment: 1. Supplemental memo to Planning Commission
2. Draft Ordinance
3. Redlined/Strikeout Exhibits
File: 092011 CO1006 I Date: 090811 1 Time: 4:00 .m.
LJ
P"NN/NG COMM/SS/ON
MEETING DATE: JULY 11, 2011
Attachment 1
ITEM NUMBER
SUBJECT: ZONING CODE AMENDMENT CO -10-06 TO AMEND TITLE 13, ARTICLE 2
DEFINITIONS, AND CHAPTERS III, IV, V, VI, AND XII OF THE COSTA MESA
MUNICIPAL CODE RELATING TO RESIDENTIAL SECOND UNITS (A.K.A GRANNY
UNITS, AND ACCESSORY APARTMENTS)
DATE: JULY 7, 2011
FOR FURTHER INFORMATION CONTACT: CLAIRE FLYNN, ACT. ASST. DEV. SVCS. DIRECTOR
(714) 754-5278
Bathrooms within Accessory Structures
The purpose of this memo is to recommend an additional change to the Zoning Code to address second
units. A revised Ordinance -is attached with this change shown in yellow highlighting.
Subject to approval of a Minor Conditional Use Permit, Code allows a combination of a toilet, bathtub, or
shower to be constructed as an accessory use in a single family residential zone. This applies to an
accessory use contained in a detached structure or contained within the main structure with no interior
connection. (Title 13, Table 13-30).
Planning Commission expressed concerns with permitting bathrooms in accessory structures because
these structures may have the potential of being illegally converted to a second unit. Staff recommends
that such proposals be considered by the Planning Commission as a Conditional Use Permit in the R1
zone and PDR -LD zone. This would elevate these applications to a Planning Commission public
hearing in these select zones, while a MCUP is still required in multi -family zones. However, it should be
noted that accessory uses with a powder room (toilet and sink only) are permitted by right and no
changes are proposed to this regulation.
Staff recommends that this additional amendment be included in Zoning Code Amendment CO -10-07
as shown below.
C.oata M-11, Zoning C:a I.
12 nor-y-ap.-+c[rr+er-�t=-(>uujer_t to-tt�e-
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7R'/,,RTVI`=NT.) Reserved for future use.
13. Animals, keeping of
SEE TITLE 3. ANIMALS AND FOWL
14. Antennas: Amateur radio, Satellite dish,
SEE CHAPTER IX, ARTICLE 2, ANTENNAS
Communication
15. Reserved for future use
15,1 Incidental residential .use'that
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includes a toilet in combination with a
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bathtub orshower:-batktYaJs47ewer-sem
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an accessory use contained, in adetached
structure, or contained within. the main'
structure with no interior connection
between the main and incidental use.
7
Attachment 2
ORDINANCE NO. 11 -
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA,
CALIFORNIA ADOPTING ZONING CODE AMENDMENT CO -10-06,
AMENDING TITLE 13, ARTICLE 2 DEFINITIONS, AND CHAPTERS
III, IV, V, VI, AND XII OF THE COSTA MESA MUNICIPAL CODE
RELATING TO RESIDENTIAL SECOND UNITS, GRANNY UNITS,
AND ACCESSORY APARTMENTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the State Second Unit Law in California Government Code Section
65852.2 intends to promote the creation of second units in residential zones and to require
ministerial consideration of second -unit applications to streamline the development review
process for second units;
WHEREAS, California Government Code Section 65583.1 (a portion of State Housing
Element Law) allows identification of the realistic capacity for second units in addressing a
locality's share of the regional housing need;
WHEREAS, the City of Costa Mesa General Plan indicates that the City will continue
to promote second units as an alternative affordable housing option for seniors and lower-
income individuals as part of the Year 2008 to 2014 Housing Element;
WHEREAS, the Costa Mesa City Council finds that the amendments to Title 13 of the
Costa Mesa Municipal Code regarding second units (also referred to as granny units,
accessory apartments, in-law apartments) are consistent with the intent of the State Second
Unit Law;
WHEREAS, the Costa Mesa City Council acknowledges that Government Code
Section 65852.2(e) limits parking requirements to one parking space per unit or bedroom;
however, this subsection allows a locality to make specific findings for additional parking
requirements. In this case, Title 13, Chapter VI, Off -Street Parking Requirements, of the
Costa Mesa Municipal Code requires a minimum of two parking spaces for a studio
apartment. The Costa Mesa City Council finds it appropriate to apply this minimum standard
of two parking spaces for a second unit, and this would be would be in addition to the parking
required for the primary dwelling unit.
WHEREAS, the new regulations shall not be applicable to second -unit applications
that are submitted to the City on or before the effective date of this Ordinance.
SECTION 1: TITLE 13 (ZONING CODE) AMENDMENTS. Title 13 of the Costa Mesa
Municipal Code is hereby amended as follows:
A. Article 2, Definitions, is amended to remove definition of accessory apartment.
B. Article 2, Definitions, is amended to include a new definition for a second unit to read
as follows:
"Second unit. A second dwelling unit established in conjunction with and subordinate to a
primary dwelling unit. The second unit may be attached to the primary dwelling unit or located
in a detached accessory building on the same lot. It may also be referred to as an accessory
apartment, granny unit, granny flat, or in-law apartment."
C. Chapter III, Planning Applications, Section 13-28(e) is amended to read as follows:
"(e) Development review. The following shall be subject to development review:
(1) Single -story residential construction: In the R2 -MD, R2 -HD, and R3
zones, any single -story construction of 2 or fewer new single -story dwelling
units. Exception: New single -story accessory buildings, such as garages
or carports, single -story room additions, and other minor construction that
comply with all applicable development standards shall not be subject to
development review but shall be reviewed by the Planning Division.
(2) Two-story residential construction: In the R2 -MD, R2 -HD, and R3 zones,
any two-story construction on a lot where there are 2 or fewer dwelling
units or any second -story addition on a lot with more than 2 dwelling units
that complies with any residential design guidelines adopted by City
Council.
(3) Construction of new buildings or additions to existing buildings in the AP,
CL, C1, C2, C1 -S, MG, or MP zones. However, building additions that do
not exceed 2,000 square feet or 50% of the existing building area,
whichever is less, and comply with all applicable development standards
shall not be subject to development review.
(4) Lot line adjustment; and
(5) Any other use specified in this Zoning Code as requiring development
review."
D. Chapter IV, City Land Use Matrix, Table 13-30 City of Costa Mesa Land Use Matrix,
Row 12, Row 15.1, Row 20, Row 22.2, and Row 22.3 are hereby amended as shown in
Exhibit "A."
E
F.
Chapter V, Development Standards, Article 1, Residential Districts, Section 13-31 is
hereby amended to read as follows:
"Sec. 13-31. PURPOSE
The purpose of this article is to achieve the following:
(a) Ensure adequate light, air, privacy and open space for each dwelling unit.
(b) Minimize traffic congestion and avoid overloading of public services and utilities.
(c) Protect residential neighborhoods from excessive noise, illumination,
unsightliness, odor, smoke and other objectionable influences.
(d) Locate development which retains the scale and character of existing residential
neighborhoods and facilitates the upgrade of declining and mixed -density residential
neighborhoods.
(e) Provide for the creation and ministerial consideration of second units in the R1
zone (Single -Family Residential District) at the allowable General Plan density for the
lot."
Chapter V, Development Standards, Sections 13-35 and 13-36 are hereby amended to
read as follows:
"Sec. 13-35. SECOND UNITS
Pursuant to Government Code § 65852.2, local governments have the authority to adopt
regulations designed to promote second units. A second unit which conforms to the
requirements of this Section shall not be considered to exceed the allowable density for the lot
upon which it is located and shall be deemed to be a residential use which is consistent with
the General Plan designation and zoning classification for the lot.
The following criteria constitute the standards that the City shall use to evaluate a proposed
second unit.
(a) A Land Use Restriction requiring that the primary dwelling unit be owner occupied shall
be recorded on the property prior to the issuance of a building permit for the second unit
and shall be valid as long as the second unit exists.
(b) A second unit shall be limited to a lot in the R1 zone with a minimum lot size of 7,260
square feet.
(c) A second unit shall not be intended for sale but may be rented.
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(d) The primary dwelling unit shall be a single-family residence.
(e) If detached from the primary dwelling unit, the second unit size shall not exceed 1,200
square feet.
(f) If attached to the primary dwelling unit, the second unit size shall not exceed 30 percent
of the existing living area of the primary dwelling unit.
(g) Two open parking spaces shall be provided for the second unit. The parking required
for the primary dwelling unit pursuant to CHAPTER VI OFF-STREET PARKING
STANDARDS shall not be attributed to the second unit. The parking need not be
covered.
(h) A second unit shall comply with the residential development standards shown in TITLE
13, CHAPTER V, TABLE 13-32 and shall be subject to all applicable residential design
guidelines.
(i) An application for a second unit shall be considered ministerially by the Development
Services Director or his/her designee. Exception: Where deviations from the residential
development standards are requested, the second unit application is subject to the
application processing procedures as set forth in TITLE 13, CHAPTER III PLANNING
APPLICATIONS. An appeal shall be in accordance with TITLE 2, CHAPTER IX
APPEAL, REHEARING AND REVIEW PROCEDURE.
(i) An application for a second unit involving second story construction may be subject to
minor design review pursuant to TITLE 13, CHAPTER III PLANNING APPLICATIONS.
Sec. 13-36. Reserved for future use."
G. Chapter VI, Off -Street Parking Standards, Section 13-85(d) is hereby amended to read
as follows:
"(d) Parking for second units. Residential second units shall be provided with at least two
(2) on-site parking spaces in addition to parking required for the existing single-family
residence. The parking need not be covered. City of Costa Mesa Parking Standards shall
apply."
H. Chapter XII Special Fee Assessments, Section 13-276(a)(1) is hereby amended to read
as follows:
"Sec. 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."
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed
for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council hereby
finds that it can be seen with certainty that there is no possibility that the passage of this
ordinance amending the Zoning Code will have a significant effect on the environment..
SECTION 3: INCONSISTENCIES. 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 or further, is hereby repealed or modified to the extent necessary to affect
the provisions of this ordinance.
SECTION 4: 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.
SECTION 5: 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 the DAILY PILOT, 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 and member of the City
Council voting for and against the same.
ATTEST:
PASSED AND ADOPTED this day of
2011.
GARY MONAHAN
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Clerk of the City of Costa Mesa City Attorney
1A
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above foregoing Ordinance No. 11- as introduced
and considered section by section at a regular meeting of said City Council held on the
day of , 2011, and thereafter passed and adopted as a whole at the regular meeting
of said City Council held on the day of , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City
of Costa Mesa this day of , 2011.
City Clerk
City Council of the City of Costa Mesa
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Costa Mesa Zoning Code Attachment 3A
ARTICLE 2. DEFINITIONS
Sec. 13-5. PURPOSE
The intent of this article to define certain words and phrases which are used in this Zoning Code. Additional
definitions may also be given in conjunction with the special regulations contained in CHAPTER IX SPECIAL
LAND USE REGULATIONS and CHAPTER XII SPECIAL FEE ASSESSMENTS.
Sec. 13-6. DEFINITIONS
Abutting. Sharing a common boundary, of at least one point.
Accessory building. A building or part of a building which is subordinate to, and the use of which is
incidental to that of the main building or use on the same lot.
Accessory use. A use incidental and subordinate to, and devoted exclusively to the main use of the land or
building thereon.
Adjacent. Same as Abutting, but also includes properties which are separated by a public right-of-way, not
exceeding 120 feet in width.
Administrative adjustment. 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.
Adult business. See CHAPTER IX SPECIAL LAND USE REGULATIONS, ARTICLE 1 ADULT
BUSINESSES for specific definitions and terms.
Alteration (structure). Any construction, addition or physical change in the internal arrangement of rooms or
the supporting members of a structure, or change in the appearance of any structure, except paint.
Ambient noise level. The all-encompassing noise level associated with a given environment, being a
composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate
time at which a comparison with the alleged offensive noise is to be made.
Antenna. Any structure, including but not limited to a monopole, tower, parabolic and/or disk shaped device
in single or multiple combinations of either solid or mesh construction, intended for the purpose of receiving
or transmitting communication to or from another antenna, device or orbiting satellite, as well as supporting
equipment necessary to install or mount the antenna.
Antenna, amateur radio. An antenna array and its associated support structure, such as a mast or tower,
that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio
station licensed by the Federal Communications Commission.
Antenna, communication. All types of receiving and transmitting antennas, except satellite dish antennas
and amateur radio antennas. Communication antenna includes, but is not limited to, cable television
antennas, cellular radiotelephone cell antennas, FM digital communication antennas,
microwave telephone communication antennas, and shortwave communication and other similar antennas.
Antenna height. The distance from the property's grade to the highest point of the antenna and its
associated support structure when fully extended.
Chapter I General
Definitions
Revised 4/00 Ordinance 00-5 /
Attachment 3B
Costa Mesa Zoning Code
Residential, single-family. Detached single-family home where there is no more than one primary dwelling
unit on a lot. -.
Residential, multi -family. Apartments, common interest developments, townhouses and similar multiple -
family residential developments, including detached single-family homes where there is more than one
primary dwelling unit on a lot.
Room, Bedroom. A fully -enclosed room designed or intended to be used for sleeping purposes within a
residence. Within a single-family detached residence, a room meeting the definition of a home office shall
not be included in the bedroom count.
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.
Second unit. A second dwelling unit established in conjunction with and subordinate to a primary dwelling
unit. The second unit may be attached to the primary dwelling unit or located in a detached accessory
building on the same lot. It may also be referred to as an accessory apartment, granny unit, granny flat, or in-
law apartment.
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.
Single housekeeping unit. The functional equivalent of a traditional family, whose members are a
nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of
common areas and sharing household activities and responsibilities such as meals, chores, and
expenses."
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.
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 4 feet above finish grade at all locations. Any uncovered deck or activity area
above the first story shall be considered a story.
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.
Chapter I General
Definitions
Revised 6/01 Ordinance 01-16; 05/09 Ordinance 09-3 /F
Costa Mesa Zoning Code Attachment 3C
(e) Development review. The following shall be subject to development review:
(1) Single -story residential construction: In the R2 -MD, R2 -HD, and R3 zones, any
single -story construction of 2 or fewer new single -story dwelling units. Exception:
New single -story accessory buildings, such as garages or carports, single -story
room additions, and other minor construction that comply with all applicable
development standards shall not be subject to development review but shall be
reviewed by the Planning Division.
(2) Two-story residential construction: In the R2 -MD, R2 -HD, and R3 zones, any two-
story construction on a lot where there are 2 or fewer dwelling units or any second -
story addition on a lot with more than 2 dwelling units that complies with any
residential design guidelines adopted by City Council.
(3) Construction of new buildings or additions to existing buildings in the AP, CL, C1,
C2, C1 -S, MG, or MP zones. However, building additions that do not exceed 2,000
square feet or 50% of the existing building area, whichever is less, and comply with
all applicable development standards shall not be subject to development review.
(4) (_Fanny UmitS in an R4 zone;
f5)-(4) Lot line adjustment; and
(56) Any other use specified in this Zoning Code as requiring development review.
(fl Lot line adjustment. Any adjustment to an existing lot line between two lots, where the land taken
from one lot is added to an abutting lot and/or where a greater number of lots than originally existed
is not created. A lot line adjustment may be used to combine no more than four abutting lots.
(g) Master plan. Prior to development in the Planned Development (PD), Town Center (TC), Shopping
Center (CI -S), Mixed -Use Overlay (MU), and both Institutional and Recreational (I&R and I&R-S)
zoning districts, a master plan is required. Preliminary master plans are required in the TC zone, are
optional in PD and MU zones, and are not required in C1 -S, I&R-S, and I&R zones.
(1) Minor changes: Minor changes in the location, siting or character of buildings and structures
may be authorized by the Planning Division if required by the final engineering or other
circumstances not foreseen at the time the master plan was approved. No change
authorized under this section may cause any of the following:
a. A change in the use or character of the development;
b. An increase in the overall density 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;
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 6 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 (1a) through (1i), 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.
Chapter II Zoning Districts
Revised 4/06 Ordinance 06-9; 2/07 Ordinance 07-2
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Costa Mesa Zoning Code Attachment 3G
CHAPTER V. DEVELOPMENT STANDARDS
ARTICLE 1. RESIDENTIAL DISTRICTS
Sec. 13-31. PURPOSE
The purpose of this article is to achieve the following:
(a) Ensure adequate light, air, privacy and open space for each dwelling unit.
(b) Minimize traffic congestion and avoid overloading of public services and utilities.
(c) Protect residential neighborhoods from excessive noise, illumination, unsightliness, odor, smoke and
other objectionable influences.
(d) Locate development which retains the scale and character of existing residential neighborhoods and
facilitates the upgrade of declining and mixed -density residential neighborhoods.
(e) Provide for the creation and ministerial consideration of second units in the R1 zone (Single -Family
Residential District) at the allowable General Plan density for the lot.
Sec. 13-32. DEVELOPMENT STANDARDS
Table 13-32 identifies development standards in the residential zones, with the exception of development
standards for common interest developments (see ARTICLE 2 COMMON INTEREST DEVELOPMENTS).
See also ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for additional
requirements for all the residential zones.
Sec. 13-32.1. GENERAL GROUP HOME STANDARDS
The City Council may adopt general standards that may be applied to group home applications on a case-
by-case basis. The final review authority may use these standards to impose conditions upon
discretionary approvals to achieve the purposes set forth in Section 13-31 and to maintain neighborhood
stability and cohesiveness by regulating transient residents.
Sec. 13-32.2. REFERRAL FACILITY.
The following standards are applicable to referral facilities:
(a) No referral facility may be located within 500 feet of property that is zoned as R-1 or PDR -LD, or
within 500 feet of a school, park, place of worship, or licensed day care facility.
(b) A referral facility must have a manager on-site, 24 -hours every day to ensure the orderly operation
of the facility and its compliance with all applicable laws, regulations, and conditions.
(c) No referral facility shall admit a resident who has been convicted of any crime involving physical
force against a person, illegal possession of a weapon, possession, or use of a weapon in the
commission of a crime, or a felony involving a controlled substance."
See. 13-33. ACCESSORY BUILDINGS AND STRUCTURES
(a) Accessory buildings or structures constructed closer than 75 feet from the front property line or on
the front one-half of the lot, whichever is less, shall be reviewed by the Planning Division for
adequate screening and compatibility with the main structure.
(b) Underground structures including fallout shelters shall be allowed to be constructed on any part of
the lot provided they are built below grade level.
Chapter V Development Standards
Residential
Revised 3/98 Ordinance 98-5; Revised 4/00 Ordinance 00-5; Revised 6101 Ordinance 01-16 ��
Costa Mesa Zoning Code Attachment 3H
Sec. 13-35. SECOND UNITS
Pursuant to Government Code � 65852.2, local governments have the authority to adopt regulations
designed to promote second units. A second unit which conforms to the requirements of this Section shall
not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to
be a residential use which is consistent with the General Plan designation and zoning classification for the lot.
The following criteria constitute the standards that the City shall use to evaluate a proposed second unit.
(a) A Land Use Restriction requiring that the primary dwelling unit be owner occupied shall be recorded
on the property prior to the issuance of a building permit for the second unit and shall be valid as long
as the second unit exists..
(b) A second unit shall be limited to a lot in the R1 zone with a minimum lot size of 7,260 square feet.
(c) A second unit shall not be intended for sale but may be rented.
(d) The primary dwelling unit shall be a single-family residence.
(e) If detached from the primary dwelling unit, the second unit size shall not exceed 1,200 square feet.
(fl If attached to the primary dwelling unit, the second unit size shall not exceed 30 percent of the
existing living area of the primary dwelling unit.
(g) Two open parking spaces shall be provided for the second unit. The parking required for the primary
dwelling unit pursuant to CHAPTER VI OFF-STREET PARKING STANDARDS shall not be
attributed to the second unit. The parking need not be covered.
(h) A second unit shall comply with the residential development standards shown in TITLE 13,
CHAPTER V, TABLE 13-32 and shall be subject to all applicable residential design guidelines.
(i) An application for a second unit shall be considered ministerially by the Development Services
Director or his/her designee. Exception: Where deviations from the residential development
standards are requested, the second unit application is subject to the application processing
procedures as set forth in TITLE 13, CHAPTER III PLANNING APPLICATIONS. An appeal shall be
in accordance with TITLE 2 CHAPTER IX APPEAL REHEARING AND REVIEW PROCEDURE.
(i) An application for a second unit involving second story construction may be subject to minor design
review pursuant to TITLE 13, CHAPTER III PLANNING APPLICATIONS.
Chapter V Development Standards
Residential
0(7 Revised 6/03 Ordinance 034; Revised 9103 Ordinance 03-8
Costa Mesa Zoning Code
Attachment 31
.. - -
- - - - ■- -
P 00
- -
--
- -10
- - - -
- - -
- -
Sec.13-36. GRANNY UNITS Reserved for future use.
h„ildinn permits fnr the nraRny „nit
/h\ Twe nnen narking Snares shall be provided fnr the nronnv , mit
(G) GFanny units shall GGFAPIY With this ZGRiRg Gede's requiFed setbaGkS fG)F FnaiR buildiRgs show
0? -5-
Chapter V Development Standards
Residential
Revised 3/98 Ordinance 98-5; Revised 4100 Ordinance 00-5; Revised 6101 Ordinance 01-16
Costa Mesa Zoning Code
Attachment 3J
(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) Application to an existing residence: The off-street parking requirements stated above shall not
be applied to an existing residence at the time the residence is increased in size and/or the
number of bedrooms is increased unless the total number of bedrooms is increased to 5 or more
bedrooms.
(3) With approval of a minor modification, the Planning Division may allow the retention of an
existing driveway access from a street to satisfy open parking requirements, at such time that
garage access is proposed from an abutting alley.
(b) R2 -MD, R2 -HD, R3, PDR -LD, PDR -MD, PDR -HD, PDR -NCM and residential components of
developments in the PDC and PDI zones. At the time of the construction of any building and/or when a
structure is enlarged or increased by adding a bedroom(s), required parking shall be provided per Table 13-
85. Exceptions:
(1) For lots that are zoned multiple -family residential and contain only one single-family detached
residence, the parking requirements in Table 13-85(a) shall be applied.
(2) For individual lots in common -interest developments that contain only one single-family detached
residence (excluding townhouses), the parking requirements in Table 13-85(a) shall be applied.
(c) Reduction of required parking prohibited. A property owner or property manager shall make available to
tenants and guests the parking required by this subsection. No property owner or property manager shall
lease, rent, sell, or otherwise make unavailable to residents and guests required parking. Furthermore, the
rental of a dwelling unit 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 aGGessery apartments and gr,^^•second units. AGGessGry apartments and rvranny 6IRit
as ppGvided fnr elsewheFe in this 7nniRg GedeResidential second units shall be provided with at least two
(2) on-site parking spaces in addition to parking required for the existing single-family residence. The
parking need not be covered. City of Costa Mesa Parking Standards shall apply.
Sec. 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.
Chapter VI Off -Street Parking Standards 94
Residential
Revised 6101 Ordinance 01-16; Revised 3/02 Ordinance 02-4
Attachment 3K
Costa Mesa Zoning Code
Table 13-275
DEVELOPMENT IMPACT CRITERIA
PROJECT DEVELOPMENT
SIZE
INTERSECTION
CONDITION
ICU
INCREASE'
MITIGATION
MEASURE(S)
INTENT OF
MITIGATION MEASURE(S)
Projects generating less
Adequate
Less than
Payment of impact fee
Contribute to implementation of the
than 100 peak hour trip
(Standard Level of Service
1%
Comprehensive Transportation
ends
or better)
System Improvement Program
OR
1% or
Deficient
(exceeds Standard Level
greater
of Service)
Projects generating 100 or
Adequate
Less than
Payment of impact fee
Contribute to implementation of the
more peak hour tripends
(Standard Level of Service
1%
Comprehensive Transportation
or better)
System Improvement Program
OR
Deficient
(exceeds Standard Level
of Service)
1% or
Payment of impact fee and
Contribute to implementation of the
greater
improvement construction
Comprehensive Transportation
by developer under condi-
System Improvement Program and
tions listed in footnote #2
mitigate development project's
impacts
1. ICU = Intersection Capacity Utilization
2. When the project contributes 50% or more of the incremental impact at the intersection and all of the improvements identified in the
General Plan at the subject location are required as mitigation. If all of the improvements identified in the General Plan are not
required as mitigation, then only the improvements determined necessary by the Public Services Director shall be constructed by the
developer.
Sec. 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. Granny units and- apartments -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.
Chapter XII Special Fee Assessments
Transportation System Management