§ 13-48. General development standards. — Costa Mesa Zoning Code

Establishments where food or beverages are served are subject to the following development standards.

(a) Existing and newly constructed establishments that propose new outdoor dining areas within courtyard, parking, setback or interior landscaped areas may be approved pursuant to this article. Development standards provided in section 13-48(b)(1) applies to all outdoor dining areas. Additional development standards apply to outdoor dining areas within parking areas (section 13-48 (a)(2)) and/or setback areas (section 13-48 (a)(3)).
- (1) Development standards for all outdoor dining areas:
  - a. Subject to the discretion of the reviewing authority, and where practical, feasible and safe, outdoor dining areas shall be located on a development site with preference given in the order of: (1) courtyards, plazas, or oversized walkways and front setbacks; (2) existing rear setbacks; and (3) existing areas.
  - b. Where practical, feasible and safe and to promote the local vitality, outdoor dining areas shall be located on a development site with preference given to areas that can be seen from the public rights-of-way or pedestrian activity areas, compared to areas that cannot be seen from these locations.
  - c. Outdoor dining areas shall be maintained in good condition, kept clean and shall not result in conditions which are harmful or injurious to the public health, safety and welfare.
  - d. Outdoor dining areas shall be removed and the areas returned to previous conditions if the corresponding food and beverage establishment is replaced by a non-food and beverage establishment, or if the outdoor dining area is no longer in use.
  - e. Outdoor dining areas and their corresponding restaurant must comply with all applicable Building and Fire Safety code requirements, circulation standards, and aesthetic development standards outlined in section 13-48 at the time of their construction. Outdoor dining areas approved under Urgency Ordinance No. 2020-15 must comply with all applicable Building and Fire Safety requirements, may not interfere with minimum required site access or circulation and shall comply with the aesthetic development standards outlined in section 13-48 within six months from the time of ordinance adoption, with an allowed six-month extension of time.
  - f. All outdoor dining areas shall observe state and local health guidelines for restaurants.
  - g. Outdoor dining areas shall not be counted as gross floor area when calculating required parking for an establishment where food or beverages are served.
  - h. Outdoor dining areas shall be located adjacent to their applicable food or beverage establishment. In this case, "adjacent" includes locations separated from the subject restaurant by a single pedestrian walkway and/or single vehicular drive aisle, or a single pedestrian walkway and/or two parking spaces perpendicular to the building and outdoor dining area. Outdoor dining areas may be located further from the subject restaurant when authorized by a minor conditional use permit.

establishment. In this case, "adjacent" includes locations separated from the subject restaurant by a single pedestrian walkway and/or single vehicular drive aisle, or a single pedestrian walkway and/or two parking spaces perpendicular to the building and outdoor dining area. Outdoor dining areas may be located further from the subject restaurant when authorized by a minor conditional use permit.

  - i. A minimum four-foot-wide pedestrian access to the entryways of all establishments on the subject property shall be provided. 

  - j. Pedestrian ingress/egress to the subject establishments or businesses may not be obstructed. 

  - k. Any proposed outdoor dining area covers (including, but not limited to, canopies, tents or shade covers) will require Fire and Building Department's approval prior to installation, and shall not be located within required setbacks. Umbrellas shall be exempt from this requirement. Outdoor dining area covers/structures may encroach into a setback area with approval of a minor conditional use permit. To allow views to remain open and unobstructed, such shade structures shall not obstruct more than 50% of the façade area along the property line(s) with either vertical (e.g., posts) or horizontal elements (e.g., planters, sloped awnings) with a minimum 24 inches between the shade cover and any fences, walls, or other similar structures such that the outdoor seating area is not enclosed. 

  - l. Outdoor areas may be temporarily enclosed during inclement weather with temporary structures as approved by the city's building and fire department. 

  - m. Outdoor dining areas may not encroach into drive aisles or other vehicle circulation areas. 

  - n. Any service of alcoholic beverages in outdoor dining areas will be subject to approval by the California Department of Alcoholic Beverage Control and shall adhere to all requirements and standards implemented by said state agency. 

  - o. Outdoor dining will be required to be closed between 11:00 p.m. and 6:00 a.m.; unless approved as part of a use permit as indicated in Table 13-47(a). 

  - p. Noise concerns shall be addressed in a timely manner pursuant to Title **13** , Chapter XIII of the Costa Mesa Municipal Code. A contact phone number shall be posted at the establishment's entrance and outdoor dining area so any noise concerns can be reported to the business operator. Outdoor dining areas shall be subject to review by authorized city officials to ensure that noise complaints and/or potential noise ordinance violations are addressed. If necessary, modifications of the operating characteristics of outdoor dining areas may be required. If any noise complaints and/or noise ordinance violations are not adequately addressed, approvals for outdoor dining areas may be revoked at the discretion of the appropriate review authority. 

  - q. Approval of live entertainment and music (amplified or non-amplified) in outdoor dining areas shall be subject to Table 1347(a). 

  - r. Lighting for outdoor dining areas shall comply with the following:

Lighting levels in the outdoor dining area shall be adequate for safety and security purposes, and shall be turned off when outdoor dining areas are not open for use.
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  2. Lighting design and layout shall minimize light spill at any adjacent residential property lines and at other lightsensitive uses. Glare shields or other design features may be required to prevent light spill onto residential properties and other light-sensitive uses. 
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- s. Walls, planters and other barriers associated with outdoor dining areas shall be designed in a way as to not visually enclose the outdoor dining area. Walls, fences and other barriers shall be a maximum of five feet high from finished grade; the lower three and a half feet of the barrier may be solid, however, the upper one and a half feet of the barrier must be open or transparent, outside of the traffic visibility triangle, or as otherwise permitted by the city's traffic division or the director of economic and development services. Barriers shall not impede traffic visibility from property and public right-ofway.
- t. Barriers or other improvements installed as part of the outdoor dining area shall be consistent with the aesthetics of the subject property. The materials, design, color and any other feature of the outdoor dining area shall complement the design of the subject food or beverage establishment, and surrounding site development. Temporary materials such as plastics, temporary fencing, non-permanent planter areas and temporary barriers shall not be permitted as part of any barriers or other improvements.
- u. Landscaping shall be installed around outdoor dining areas to the greatest extent possible. Planter boxes may be used to satisfy this requirement. Landscaping installed as part of an outdoor dining area shall complement existing landscaping onsite and shall comply with the city's landscape standards and all applicable state and federal requirements.
- v. Outdoor dining shall be permitted in both conforming and nonconforming developments, subject to this article.
- w. The provision of outdoor dining areas shall not result in any customer parking off site, (including in any adjacent commercial property parking areas, unless off-site parking is approved), with the exception of available public parking. Customer parking shall not park in adjacent residential areas or on residential streets. If parking shortages or other parking-related problems arise, the business operator shall institute appropriate operational measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the director of economic and development services or designee, including, but not limited to, reducing operating hours of the business, reducing interior or exterior seating capacities, hiring an additional employee trained in traffic control to monitor parking lot use and assist with customer parking lot circulation, and/or requiring employees to bike, walk or take public transit.
- (2) Development standards for outdoor dining areas within existing setback areas:

a. To the greatest extent possible, outdoor dining areas should maintain a minimum three-foot-wide landscape barrier dimension between the dining area, any pedestrian or vehicular path of travel or neighboring property.
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- b. Outdoor dining areas shall be designed so as to preserve mature trees on site to the greatest extent possible. Any landscaping (including trees) removed as a result of a new proposed outdoor dining area shall be replaced on site (in similar size), unless determined infeasible by the planning division. 
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- (3) Development standards for outdoor dining areas within private parking areas:
  - a. Outdoor dining areas within existing private parking areas may occupy parking spaces in compliance with Table 13-47 (b). New development may receive a parking credit of up to five parking spaces, or 25% of required parking spaces, whichever is less, to accommodate an outdoor dining area.
  - b. Outdoor dining areas within private parking areas must comply with all parking lot and circulation standards.
(b) All establishments shall comply with the applicable standards and review procedures indicated in Table 13-47, as well as with all other development standards of the appropriate zoning district.
(c) Seasonal events that include live entertainment, dancing, and/or amplified music may be allowed without a conditional use permit or live entertainment permit provided that it complies with the following standards. Each establishment is limited to four nonconsecutive events per calendar year.
- (1) The event shall not exceed one day in duration;
- (2) The event shall be conducted entirely indoors; and

(3) The event shall comply with Chapter XIII, Noise Control. (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 98-5, § 12, 3-2-98; Ord. No. 05-3, § 1e., 2-7-05; Ord. No. 21-20, § 1, 12-7-21; Ord. No. 2024-01, 1/16/2024)