Costa Mesa Municipal Code Art. 11 Mixed-Use Overlay District (MUOD)

It is the purpose and intent of this article:

(a) To meet general plan goals to create new housing opportunities in commercial, industrial, and residential areas by allowing mixed-use developments that exhibit excellence in design, site planning, integration of uses and structures, and protect the integrity of neighboring development.

(b) To encourage mixed-use development projects, as allowed by an adopted urban plan, that combines residential and nonresidential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities as a means to revitalize a defined area in the city without exceeding the development capacity of the general plan transportation system.

(c) To encourage a full array of different land use types and structures, including reuse of existing structures, to create an active city life and enhance business vitality.

(d) To ensure the appearance of buildings complementary to the existing architectural character of the area in which they are located and that on-site residential and nonresidential uses are compatible.

(e) To ensure compatibility of mixed-use development projects with existing and future allowable development in surrounding zoning districts.

(f) To allow residents of a live/work unit, including artists, designers, craftspeople, professionals and small-business entrepreneurs, to maintain a business and living space under common ownership.

(g) To allow conversion of commercial or industrial properties to residential developments pursuant to the standards of an adopted urban plan.

(Ord. No. 06-9, § 1e., 4-18-06)

The following words, terms and phrases, when used in this article, shall have the meanings assigned to them in this section, except where the context clearly indicates a different meaning.

Base zoning district.

A zoning district identified as R2-MD, R2-HD, R3, PDR-MD, PDR-HD, CL, C1, C2, MG, or I&R within which only certain land uses and structures are permitted, or conditionally permitted, and certain regulations are established for development of land.

Live/work unit.

A type of mixed-use development with an integrated residence and working space that is occupied/utilized by a single household in a structure and that is located in a building that has been designed or structurally modified to accommodate joint residential occupancy and work activity.

Mixed-use building.

A building that is occupied, arranged, designed, or intended for combinations of land uses; including but not limited to residential, commercial, office, civic, cultural, educational, or recreational uses. A mixed-use building contains residential and nonresidential uses where the dwelling units are typically located on the upper levels and the nonresidential uses on the lower levels of the building. A mixed-use building may also consist of live/work units under a common ownership or residential units that may be owned and occupied separately from the nonresidential space.

Mixed-use development.

A development that includes the following: (a) nonresidential and residential uses on the same development site, such as but not limited to, residential, office, retail, or public uses; (b) nonresidential and residential units are not necessarily located in the same building.

Overlay zone.

A zoning district that applies another set of zoning provisions to a specified area within an existing zoning district. The overlay zone supersedes the zoning regulations of the base zoning district, unless otherwise indicated.

Urban plan.

A regulating document that sets forth allowable uses, development standards, and land use regulations relating to the nature and extent of land uses and structures.

(Ord. No. 06-9, § 1e., 4-18-06)

The adopted urban plan shall identify the appropriate mixed-use type for the overlay area. These types may include the following:

(a) Live/work unit. A type of mixed-use development that combines work and living quarters in the same building that has been designed or structurally modified to accommodate joint residential occupancy and work activity by a single household. A live/work unit consists of the following:

(1) Living/sleeping area, kitchen, and sanitary facilities in conformance with the State Building Code; and

(2) Adequate working space accessible from the living area, reserved for, and regularly used by, one or more of the persons residing in the space.

(b) Commercial/residential unit. A type of vertical mixed-use development where nonresidential and residential uses are located in the same building and where the dwelling units are typically located on the upper levels and the nonresidential uses are located on the lower levels. Persons residing in the residential component do not necessarily work in or own any portion of the nonresidential component. This product type may also be designed so that nonresidential and residential uses are located adjacent to one another on the same or adjoining lots of the same development site and in separate buildings.

(c) Residential unit. A residential unit located in a larger residential development.

(Ord. No. 06-9, § 1e., 4-18-06)

(a) Mixed-use development plan screening application required. All residential and mixed-use development projects proposed in the mixed-use overlay district shall submit a screening application for consideration by city council, as described in section 13-28(g)(4) of the Zoning Code.

(b) Master plan required. All development proposed in the mixed-use overlay district requires approval of a master plan pursuant to Chapter III planning applications. The final review authority for the master plan shall be the planning commission. Refer to section 13-28(g), master plan, regarding the following: preliminary master plans and amendments to the master plan.

(c) Master plan findings for mixed-use overlay district. The approval of the master plan for a residential or mixed-use development project in the mixed-use overlay district shall be subject to the following findings:

(1) The project is consistent with the general plan, meets the purpose and intent of the mixed-use overlay district, and the stated policies of the urban plan as applicable.

(2) The project includes adequate resident-serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas.

(3) The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, and toxic emanations.

(4) The proposed residences have adequate separation and screening from adjacent commercial/industrial uses through site planning considerations, structural features, landscaping, and perimeter walls.

(d) Deviation from development standards. A deviation from the mixed-use development standards may be approved through the master plan process provided that the following findings are made:

(1) The strict interpretation and application of the mixed-use overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of the general plan and urban plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the general plan and urban plan.

(2) The granting of a deviation results in a mixed-use development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development.

(3) The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. No. 06-9, § 1e., 4-18-06)

The development regulations of the base zoning district shall be superseded by the overlay district standards in this article or in the adopted urban plan, unless otherwise noted.

(a) Floor-area-ratio (FAR). As established by the general plan, the maximum FAR for mixed-use development is 1.0. An increase to 1.25 FAR may be allowed for mixed-use developments that exhibit design excellence and are consistent with the deviation findings described in section 13-83.52 of the Zoning Code.

(b) Allowable uses. Allowable and prohibited uses shall be determined in the adopted urban plan for the mixed-use overlay area.

(c) Residential component.

(1) Location. In vertical mixed-use developments, residential uses shall be limited to floors above or behind the lower-level nonresidential uses. Lobbies, entryways, and other nonhabitable space for residential uses may be located on the street level. In horizontal mixed-use projects, siting commercial uses along the public frontage is recommended.

(2) Common open space. The common open space areas with resident-serving amenities should be centrally located within the development as an internal courtyard/common area shielded by on-site structures and should be accessed by the residents through landscaped walkways.

(3) Single-family detached residences. A small lot, single-family detached residential development is prohibited in a mixed-use development unless otherwise indicated in the urban plan.

(4) Ownership required. For live/work lofts, the residential space shall not be sold, rented, or leased as a separate living unit from the nonresidential space, either as a condominium or community apartment. No portion of any live/work unit shall be further divided for purposes of leasing, subleasing, or renting. The residential space of the live/work loft must be occupied by the same individual(s) who are conducting business activity in the nonresidential space. In mixed-use developments where nonresidential and residential units are distinctly located in individual units, these units may be held under separate ownership/occupancy.

(d) Nonresidential component.

(1) Location. Vertical mixed-use buildings shall be comprised of nonresidential uses limited to the ground or lower levels of a mixed-use building. Mixed-use buildings shall be located so as to be accessible in a manner that does not create traffic congestion or hazards to any street. Location of off-street parking and loading areas shall be determined as appropriate to the particular mixed-use development. Consideration shall be given to anticipated pedestrian, bicycle, and vehicular traffic, adjacent development that may provide multiple use of off-street parking facilities and the types of commercial use provided.

(2) Project design features. The nonresidential component of the mixed-use development shall incorporate parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics and lighting as integrated portions of the overall mixed-use development.

(e) Planned signing program. A planned signing program is required for any nonresidential component of a mixed-use development.

(f) Additional development standards. The adopted urban plan shall contain development standards that are applicable to a particular mixed-use overlay area.

(Ord. No. 06-9, § 1e., 4-18-06)

The following standards are intended to ensure compatibility of uses in the mixed-use overlay district.

(a) Restriction on activities. Commercial or light industrial uses within mixed-use development projects shall be designed and operated, hours of operation limited, so that residents are not exposed to offensive noise, including noise from traffic, trash collection, routine deliveries or late night activity. Deliveries from heavy trucks at the project site between 8:00 p.m. and 6:00 a.m. should be expressly prohibited.

(b) Noise and groundborne vibrations. Title 13, Chapter XIII, Noise Control, of the Costa Mesa Municipal Code provides a definition of exterior areas of multi-family residential projects in residential and mixed-use developments within the mixed-use overlay district. All residential development within the mixed-use overlay district are subject to the city's interior and exterior residential noise standards as applicable and the Lmax standard for residential interior exposure, as indicated in Chapter XIII of Title 13. Residential uses should be oriented away from odor-generating structures and loading docks used by heavy trucks.

(c) Lighting. Outdoor lighting associated with industrial/commercial uses should not adversely impact adjacent residential uses, but should provide sufficient illumination for use, access, and security. Such lighting should not blink, flash, or oscillate.

(d) Windows. Residential building windows abutting industrial or commercial uses should not directly face windows of these adjacent properties unless privacy tinting, architectural elements, structures, landscaping, or other features provide adequate screening and privacy protection.

(e) Security. Residential units should be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the non-residential uses on the same site. Residential units should be directly accessible to parking areas. Non-residential and residential uses should not have common entrance hallways or common balconies. These separations should be shown on the development plan and the separations should be permanently maintained.

(Ord. No. 06-9, § 1e., 4-18-06)

If the sequence of construction of various portions of the master plan is to occur in stages, then the open space and/or recreational facilities should be developed in proportion to the number of live/work and/or dwelling units intended to be developed during any given stage of construction.

(Ord. No. 06-9, § 1e., 4-18-06)

The Harbor Mixed-Use Overlay applies to select areas along Harbor Boulevard, between Wilson Street and 19th Street. The intent is to introduce a diverse mix of uses, with the objective of creating a much more integrated, walkable, and complementary balance of creative commercial and office spaces, neighborhood serving retail and commercial services, and residential uses along the southern portion of Harbor Boulevard that intersects with 19th Street. The designation allows residential development at up to 20 dwelling units per acre. A maximum one and one-quarter (1.25) FAR applies to projects that consist of both residential and commercial mixed uses; a one (1.00) FAR applies to stand-alone commercial projects. Live/Work development where the primary land use is residential and a workspace is provided on the ground level is not permitted in this overlay. Maximum building height is four stories. The provisions indicated in this article shall apply to the Harbor Mixed-Use Overlay. Unless otherwise indicated herein, the provisions of the 19 West Urban Plan shall apply to this overlay district.

(Ord. No. 16-10, § 2, 10-4-16)

(a) Purpose. The purpose of this section is to implement the city's currently adopted Housing Element by establishing zoning provisions for sites identified in the Housing Element Sites Inventory to accommodate the city's lower-, moderate-, and above-moderate-income Regional Housing Needs Allocation (RHNA) consistent with Government Code sections 65583 and 65583.2, subsections (c), (h) and (i).

(b) Applicability.

(1) The provisions of this section shall apply to all sites identified in the city's currently adopted Housing Element Sites Inventory to accommodate the city's RHNA, shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA or any future adopted Housing Element Sites Inventory to accommodate the city's RHNA.

(2) Previously identified sites. The provisions of this section shall also apply to any non-vacant Housing Element Site that was identified in a prior Housing Element and any vacant Housing Element Site that was identified in two or more consecutive prior Housing Elements, consistent with Government Code section 65583.2, subsection (c). Such sites shall be subject to the minimum density and by-right approval standards established in this section. Such sites are identified in the city's currently adopted Housing Element Sites Inventory, shown as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA or any future adopted Housing Element Sites Inventory to accommodate the city's RHNA.

(3) Exception. The provisions of this section shall not apply to residential projects, mixed-use projects, or other projects located within the boundaries of the Fairview Developmental Center Specific Plan or any of the following properties identified in Table B-6 of the Housing Element by address or APN:

(c) Severability and state law consistency.

(1) This section is intended to be consistent with, and shall be interpreted and applied to comply with, all applicable requirements of state housing law, including Government Code sections 65915(c)(3), 65583 and 65583.2 as those provisions may be amended from time to time, and any successor statutes. If any provision of this section conflicts with state law, the applicable state law shall control.

(2) If any provision of this section, or its application to any person or circumstance, is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application. The city council declares that it would have adopted this section and each provision, section, sentence, clause, and phrase thereof, irrespective of the fact that any one or more provisions may be declared invalid or unenforceable.

(d) Definitions.

(1)

Housing Element Site

means any site identified in the currently adopted Housing Element Sites Inventory to accommodate the city's (RHNA), shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA.

(2)

Lower-Income Household

has the same meaning as defined in Health and Safety Code section 50079.5.

(3)

Lower-Income Housing Element Site

means any Housing Element Site identified in the currently adopted Housing Element that accommodates any portion of the city's lower-income RHNA and subject to the requirements of Government Code section 65583.2(h) and (i), shown in the Housing Element as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA.

(4)

Use by Right

has the same meaning as in Government Code section 65583.2, subsection (i) and requires ministerial approval for multifamily housing developments in which at least 20% of the total number of units are affordable to lower-income households. "Use by Right" means that the review of an owner-occupied or renter-occupied multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a "project" for purposes of Public Resources Code Division 13, section 21000 et seq.

(5)

Prior Housing Element Site

means any non-vacant Housing Element Site that was identified in the prior Housing Element and any vacant Housing Element Site that was identified in two or more consecutive prior Housing Elements. Such sites are identified in the city's currently adopted Housing Element Sites Inventory, shown as Table B-6: Sites to Accommodate Costa Mesa 2021-2029 RHNA.

(6)

Protected Unit

means any unit that, within the past five years, was occupied by a lower-income household regardless of whether the unit was deed-restricted or that was subject to an affordability covenant or rent control.

(e) Supersession of overlay.

(1) For lower-income Housing Element sites:

a. Supersession of other zoning provisions. Projects on Lower-Income Housing Element Sites shall be governed by this section, and the provisions in this section shall supersede and prevail over any conflicting provisions of the underlying base zone, including, but not limited to, minimum residential floor area, minimum residential capacities and densities, unit caps, trip budgets (if applicable), ministerial review and approval requirements, and permitted uses, and all other applicable zoning provisions, such as other urban plans, overlays, and specific plans, and the provisions of this article that apply to non-Lower-Income Housing Element sites. Notwithstanding the foregoing, to the extent an applicable Specific Plan allows for more permissive standards or greater heights, projects on Lower-Income Housing Element Sites may utilize such standards or heights.

b. Ministerial review and approval. Projects on Lower-Income Housing Element Sites shall be a use by right pursuant to subsection (f)(1).

c. Minimum residential floor area. Projects on Lower-Income Housing Element Sites shall satisfy the minimum residential floor area requirements established in subsection (g)(3).

d. Minimum residential site capacity and density. Projects on Lower-Income Housing Element Sites shall satisfy the minimum residential capacity and density requirements established in subsections (h)(1)(ii) and (h)(1)(iii).

(f) Review and approvals procedures.

(1) Use by Right. A project on a Lower-Income Housing Element Site that provides at least 20% of the total dwelling units affordable to Lower-Income Households shall be processed as a Use by Right, consistent with Government Code section 65583.2(h) and (i). Such projects shall be subject only to ministerial review to verify compliance with all applicable objective design and development standards in accordance with a Streamlined Development Review process per CMMC Title 13, Chapter III (Planning Applications). A project that does not qualify as a Use by Right shall be processed in accordance with a Development Review process per CMMC Title 13, Chapter III (Planning Applications).

(2) Subdivision. Any subdivision of a Lower Income Housing Element Site shall comply with all applicable provisions of CMMC Title 13, Chapter XI (Subdivisions) and the Subdivision Map Act.

(g) Permitted Uses.

(1) Multi-family dwellings. Multi-family dwellings shall be permitted on all Housing Element Sites subject to the requirements of this section.

(2) Non-residential uses. Those non-residential uses permitted in Commercial Zones in accordance with CMMC Title 13, Chapter IV (Citywide Land Use Matrix) shall be permitted as part of mixed-use projects on all Housing Element Sites.

(3) Mixed-use on Lower-Income Housing Element sites. Mixed-use projects shall be permitted on Lower-Income Housing Element Sites so long as at least 50% of total floor area is provided as residential uses, consistent with Government Code section 65583.2, subsection (h)(1)(B).

(4) Multi-family dwellings on Lower-Income Housing Element sites. Multi-family dwellings consisting of 100% residential uses shall be permitted on Lower-Income Housing Element Sites, consistent with Government Code section 65583.2, subsection (h)(1)(B).

(h) Development standards.

(1) Density standards.

a. Maximum densities. Maximum residential densities shall be permitted as specified in the Housing Element Sites Inventory.

b. Minimum site capacity for Lower-Income Housing Element sites. If the identified maximum density of a Lower-Income Housing Element Site does not allow at least 16 dwelling units on site, then the maximum density identified shall be waived, and the maximum number of dwelling units permitted shall be 16 dwelling units on site consistent with Government Code section 65583.2, subsection (h).

c. Minimum densities for Lower-Income Housing Element sites. A project proposed on a Lower Income Housing Element Site shall meet a minimum density requirement of 20 units per acre, inclusive of accessory dwelling units, consistent with Government Code section 65583.2, subsection (h).

(2) Off-street parking standards.

a. Residential uses. Minimum off-street parking requirements for multi-family dwellings on Housing Element sites are provided in Table 13-83.58-A. Minimum Off-Street Parking Requirements.

b. Non-residential uses. Minimum off-street parking requirements for those permitted non-residential uses on Housing Element sites shall be subject to CMMC Title 13, Chapter VI (Off-Street Parking Standards).

Table 13-83.58-A. Off-Street Parking Standards for Residential Uses

(3) Development standards.

a. Minimum and maximum requirements for building height, non-residential intensity, setbacks, lot coverage, and open space are provided in Table 13-83.58-B. Development Standards.

TABLE 13-83.58-B. DEVELOPMENT STANDARDS

Notes:

(4) Objective Design Standards forthcoming. The city intends to prepare and adopt design standards to further guide the physical form and character of development on the rezoned sites. Until such standards are adopted, projects shall be subject only to the objective development standards contained in this Section. Upon adoption, the objective design standards shall apply to all projects subject to this Section and shall serve as the sole design criteria for ministerial review, consistent with Government Code sections 65583.2 and 65589.5.

(i) Replacement of protected units.

(1) Demolition or conversion of protected units. Any project that involves the demolition or conversion of protected units, or that is located on a site where Protected Units were demolished or converted within the previous five years, shall comply with all applicable replacement housing, tenant protection, and right-of-return requirements under State Density Bonus Law, including Government Code section 65915, subsection (c)(3), and any successor statutes.

(Ord. No. 2026-03, 4/7/2026)