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Title 13 — Planning, Zoning and Development›Chapter XVII — AFFORDABLE HOUSING ORDINANCE

§ 13-331. Affordable housing requirements.

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

The following requirements and standards shall apply to any for rent residential project subject to this chapter:

  • (a) Project threshold. The affordable housing requirement is applicable to any proposed residential project with 50 dwelling units or more.

  • (b) Number of affordable units. The minimum number of dwelling units required to be set aside as affordable units and the required affordability level(s) of the units are specified as follow:

    • (1) Rental projects. An applicant of a rental project shall fulfill their obligation with onsite production of affordable rental units at either low or very-low income levels and the minimum required number of units shall be calculated based on the proposed project's base density.

      • a. For residential projects either rezoned to or located in the areas designated to be rezoned in the general plan and/or within the boundaries of Figure 13-200.106 of section 13.200.106 at 60 or more dwelling units per acre: at least 10% of the total applicable dwelling units proposed shall be affordable at the low-income level or at least five percent at the verylow income level.

      • b. For residential projects either rezoned to or located in the areas to be rezoned in the General Plan and/or within the boundaries of Figure 13-200.106 of section 13.200.106 at under 60 dwelling units per acre: at least six percent of the total applicable dwelling units proposed shall be affordable at the low-income level or at least four percent at the very-low income level.

      • c. For any partial affordable unit calculated, the applicant shall pay a fractional in-lieu fee payment in accordance with the adopted in-lieu fee schedule or round up the calculation to the highest whole number.

    • (2) Residential projects with mixed housing types. If an applicant proposes a residential project that includes both ownership and rental units, the provisions of this chapter that apply to rental projects shall apply to that portion of the development that consists of rental units.

    • (3) Parcel or lot merger. An applicant shall not avoid the requirements of this chapter by submitting piecemeal planning permit applications. At the time of the application for first approval for the residential project, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct dwelling units upon the contiguous property at the time of the application for first approval; however, the applicant shall be required to include the contiguous property under common ownership or control in its affordable housing plan. The affordable housing agreement shall be recorded against the residential project and all contiguous property under common ownership or control and shall require compliance with this chapter upon development of each contiguous property at such time as there are planning permit applications that would authorize residential units for the residential development and the contiguous property under common ownership or control.

eement shall be recorded against the residential project and all contiguous property under common ownership or control and shall require compliance with this chapter upon development of each contiguous property at such time as there are planning permit applications that would authorize residential units for the residential development and the contiguous property under common ownership or control.

  • (c) Covenant period. The affordable units shall remain affordable for not less than 55 years or as stated in the affordable housing agreement or other agreement(s). After 55 years the affordability covenant may be removed only if the property is redeveloped as a non-residential use.

  • (d) Timing of construction. The affordable units shall be constructed concurrently with or prior to the construction of market rate units. In phased developments, the affordable units shall be constructed in proportion to the number of dwelling units in each phase of the market rate project. The applicant shall provide a Construction Phasing Plan as part of their project plans for review by the director or their designee prior to the submittal of plans for a building permit.

  • (e) Unit size. The size of the affordable units shall be the same size as the market rate units but the final review authority may consider and approve affordable units no more than 15% smaller in square footage than the average square footage of the market rate units.

  • (f) Bedroom mix. The bedroom mix of the affordable units shall be proportional to the market rate units or as otherwise agreed in the affordable housing agreements or other approved agreements with the city.

  • (g) Design. All exterior and interior improvements including floor plan design, finishes/materials, etc. for the affordable units shall be comparable, if not same, to the market rate units. The affordable units shall have same access to and enjoyment of all community amenities/facilities in the residential project. The final review authority may consider and approve alternative exterior and/or interior design improvements for the affordable units as long as it is comparably the same to the market rate units.

  • (h) Location. Affordable units shall be dispersed and evenly distributed throughout a residential project and not clustered in a particular area of the development or as otherwise agreed at the city's discretion in an affordable housing agreement. Affordable units within a residential project that share a common entrance or access shall not have separate entrances or access for market rate and affordable units.

  • (i) Certificate of occupancy. No certificate of occupancy will be issued for any corresponding market rate unit in a new residential project prior to completion of the required affordable units (including off site) and/or payment of in-lieu fees.

  • (Ord. No. 2024-02, 8/6/2024)

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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
    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
      Overview
      1. § 13-326. Purpose.
      2. § 13-327. Applicability.
      3. § 13-328. Exemptions.
      4. § 13-329. Fairview Developmental Center Specific Plan.
      5. § 13-330. Definitions.
      6. § 13-331. Affordable housing requirements.
      7. § 13-332. Alternative compliance procedures.
      8. § 13-333. Affordable housing agreement and affordable housing …
      9. § 13-334. Affordable housing trust fund.
      10. § 13-335. Density bonus.
      11. § 13-336. Parking requirements.
      12. § 13-337. Concurrent processing.
      13. § 13-338. Compliance monitoring.
      14. § 13-339. Administrative procedures.
      15. § 13-340. Enforcement.

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