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Title 13 — Planning, Zoning and Development›Chapter V — DEVELOPMENT STANDARDS›Article 4 — Establishments Where Food or Beverages are Served

§ 13-51. Applicability.

Costa Mesa Zoning Code · 2026-06 edition · updated 2026-07-25 · Costa Mesa

  • (a) The provisions of this article shall apply to all new establishments where food or beverages are served which are proposed. The provisions of this article shall not apply to existing uses, even when they undergo a change of ownership, unless one or more of the conditions described in subsection (b) are met.

  • (b) The provisions of this article shall apply, as appropriate, to any existing use where food or beverages are served under the following circumstances:

    • (1) A change of operational characteristics that includes one or more of the following items:

      • a. An extension of the hours of operation for customer service between 11:00 p.m. and 6:00 a.m., if the establishment is within 200 feet of residentially-zoned property.

      • b. The introduction of the sale of alcoholic beverages for on-site consumption between 11:00 p.m. and 2:00 a.m.

      • c. The introduction of live entertainment or dancing, or the cumulative expansion of 100 square feet or more of the area devoted to dancing during the lifetime of the establishment.

      • d. The introduction of drive-through operations or the expansion of the existing drive-through operations.

      • e. Alterations resulting in a cumulative increase of 100 square feet or more in the floor area devoted to customer service, e.g., food and/or beverage service or entertainment, during the lifetime of the establishment.

      • f. A change from any type of alcoholic beverage control license to any of the following alcoholic beverage control license types: 40 (on-sale beer); 42 (on-sale beer and wine for public premises), 48 (on-sale general for public premises); or 61 (on-sale beer for public premises) provided that the establishment is open for customer service anytime between the hours of 11:00 p.m. and 2:00 a.m.

(2) A cumulative expansion of 100 square feet or more of the gross floor area during the lifetime of the establishment.

  • (3) The construction of new, or additional, outdoor dining area(s).

  • (4) Discretionary review by the final review authority shall be limited to the change in operational characteristics or the expansion in the area devoted to customer service.

  • (Ord. No. 97-11, § 2, 5-5-97; Ord. No. 00-4, § 1, 2-22-00; Ord. No. 2024-01, 1/16/2024)

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▸ Contents — Costa Mesa Zoning Code
Costa Mesa Zoning Code
  1. ▸ Title 13 — Planning, Zoning and Development
    Overview
    1. Chapter I — IN GENERAL
    2. Chapter II — ZONING DISTRICTS ESTABLISHED
    3. Chapter III — PLANNING APPLICATIONS
    4. Chapter IV — CITYWIDE LAND USE MATRIX
    5. ▸ Chapter V — DEVELOPMENT STANDARDS
      Overview
      1. Article 1 — Residential Districts
      2. Article 2 — Residential Common Interest Developments
      3. Article 2.5 — Residential Small lot Subdivisions
      4. Article 3 — Commercial Districts
      5. ▸ Article 4 — Establishments Where Food or Beverages are Served
        Overview
        1. § 13-46. Purpose.
        2. § 13-47. Permitted and conditionally permitted uses.
        3. § 13-48. General development standards.
        4. § 13-49. Development standards for establishments within two h…
        5. § 13-50. Development standards for drive-through operations.
        6. § 13-51. Applicability.
      6. Article 4.5 — Development Standards for Churches and Other Pla…
      7. Article 5 — Industrial Districts
      8. Article 5.5 — Non-Residential Common Interest Developments
      9. Article 6 — Planned Development
      10. Article 7 — Institutional and Recreational, Institutional and …
      11. Article 8 — Floor Area Ratios
      12. Article 9 — General Site Improvement Standards
      13. Article 10 — Floodway and Floodplain Districts
      14. Article 11 — Mixed-Use Overlay District
      15. Article 12 — Residential Incentive Overlay District
      16. Article 1 — Residential Districts
      17. Article 2 — Non-Residential Districts
      18. Article 3 — Development Standards
    6. Chapter VII — LANDSCAPING STANDARDS
    7. Chapter VIII — SIGNS
    8. Chapter IX — SPECIAL LAND USE REGULATIONS
    9. Chapter X — NONCONFORMING USES, DEVELOPMENTS AND LOTS
    10. Chapter XI — SUBDIVISIONS
    11. Chapter XII — SPECIAL FEE ASSESSMENTS
    12. Chapter XIII — NOISE CONTROL
    13. Chapter XIV — OIL DRILLING
    14. Chapter XV — GROUP HOMES
    15. Chapter XVII — AFFORDABLE HOUSING ORDINANCE

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