The purpose of this article is to regulate the placement of residential common interest development projects and the conversion of existing apartments to common interest developments consistent with the form of ownership and occupancy of such projects pursuant to applicable laws for the general health, safety and welfare of the public.
(Ord. No. 07-17, § 1e., 10-2-07)
(a) 
Residential common interest development projects are permitted in appropriate residential or planned development zones, subject to the approval of the following planning application, as applicable. This requirement is in addition to other permits or certificates required by law.
(1) 
All new residential common interest development projects shall be processed according to the design review procedures contained in Chapter III Planning Applications.
(2) 
Conversion of occupied or previously occupied apartment complexes to residential common interest development projects shall be subject to sections 13-41, residential common interest development standards and requirements and 13-42, residential common interest development conversions and shall be processed according to the residential common interest development conversion procedures contained in Chapter III Planning Applications.
(3) 
(Reserved)
(4) 
All residential common interest development projects require the approval of tentative or final tract or parcel maps as required by law. A tentative tract map or parcel map shall not be required until either a design review or residential common interest development conversion has been approved; however, the map may be processed concurrently.
(b) 
No person shall construct, sell, lease, convey, maintain or use a new or newly converted residential common interest development project within the city without first complying with the provisions of this article.
(Ord. No. 07-17, § 1e., 10-2-07)
(a) 
Applicability. The provisions of this section shall apply to all proposed new residential common interest development projects and the conversion of existing apartments to residential common interest developments.
(b) 
Development standards. Table 13-41(b) identifies the development standards for residential common interest developments. See also Article 9 General Site Improvement Standards of this chapter for additional requirements. Projects shall comply with all applicable standard plans and specifications and adopted city and state codes, as well as the following provisions:
(1) 
The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, groves, waterways, scenic points, historic spots or landmarks, bluffs or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations.
(2) 
All structures proposed to be constructed within a project shall conform to the following requirements:
a. 
Structures having dwelling units attached side by side shall avoid the long-row effect by being composed of no more than six dwelling units. Alternative designs which accomplish the same purpose may be approved by the final review authority.
b. 
Structures having dwelling units attached side by side shall avoid the long-row effect with a break in the facade by having an offset in the front building line of at least four feet for every two dwelling units within such structure. Alternate designs which accomplish the same purpose may be approved by the final review authority.
c. 
Consideration shall be given to the effect of proposed development on the light, air and privacy of adjacent properties.
(3) 
Outside uncovered and unenclosed storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited unless specifically designated areas for the exclusive storage of such vehicles are set aside on the final master plan and provided for in the association's covenants, conditions, and restrictions. Where such areas are provided, they shall be enclosed and screened from view on a horizontal plane from adjacent areas by a combination of six-foot high opaque fences and permanently maintained landscaping.
(4) 
For high-rise residential projects, see the North Costa Mesa Specific Plan for additional development standards.
(5) 
The developer shall install an on-site lighting system in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the development service department.
(6) 
The development shall comply with the provisions of Chapter XI. Subdivisions, which may include, but are not limited to land dedication and improvements, such as drainage improvements and payment of fees.
TABLE 13-41(b)
RESIDENTIAL COMMON INTEREST DEVELOPMENT STANDARDS
STANDARDS
SINGLE-FAMILY UNITS (located on individual dwelling unit lots and excluding townhouses)
OTHER UNITS
Individual Dwelling Unit Minimum Lot Area
All zones: 3,000 square feet with an overall average of 3,500 square feet. The required common lot shall not be included in the calculation of lot area. Note: Lot sizes may be reduced proportionately if other useable open space is provided within the overall development.
No minimum requirement.
Common Lot Required
All projects shall be designed with a minimum of one lot to be held in common ownership and maintained by a homeowners association. This lot shall be used for common driveways, parking areas, and at least 10 feet of street setback landscaped areas.
Maximum Number of Stories & Building Height
2 stories/27 feet, except as allowed in the Planned Development or Town Center zoning districts. Note: Lofts, as defined in section 13-6, without exterior access and having only clerestory windows will not be regarded as a story. See also Attic discussion below.
Attics
Attics shall not be heated or cooled, nor contain any electrical outlets or operable windows. In zoning districts where the maximum number of stories is two stories, attics above second stories shall be an integral part of the second story roofline and not appear as a 3rd story on any building elevation. Windows in any attic space above the second story shall be incidental and limited to a dormer style.
Maximum Density (based on gross acreage)
Same as underlying zoning district or as specified in an applicable specific plan.
Minimum Open Space Development Lot
40% of total lot area. Exception: For high-rise residential projects, see the North Costa Mesa Specific Plan.
Individual Dwelling Unit Lot
40% overall, with a minimum 400 square-foot area with no dimension less than 15 feet.
Not applicable.
Private Open Space
Same as individual dwelling unit lot above.
An adjoining patio required with no dimension less than 10 feet. Exception: Not applicable to high-rise residential projects in the North Costa Mesa Specific Plan.
Common Open Space
Common open space areas shall be designed and located within the development to allow maximum use by all residents. Enclosed buildings used for recreation or leisure facilities should not be used to satisfy more than 15 percent of required open space.
Distance Between Buildings
10-foot minimum between main buildings 6-foot minimum between main buildings and accessory structures
Driveway Width
10-foot minimum, except 16-foot minimum driveway is required if the driveway serves tenants and/or guest parking for more than one dwelling unit.
Driveway Length
Straight-in driveways to garages shall have a minimum length of 19-feet from the ultimate property line.
Storage
Not applicable.
Each unit shall be provided with 200 cubic feet of securable storage exterior to the unit. If this storage is provided within the garage or carport it shall be located at the front of the parking area so as not to obstruct the required clear dimensions of the covered parking space (per the City of Costa Mesa Parking Design Standards) at any point less than 4 feet above the finished surface level of the parking stall.
Exception: Not applicable to high-rise residential projects in the North Costa Mesa Specific Plan.
Mechanical equipment, excluding antennas and flush-mounted solar panels on roofs
Roof-top location is prohibited.
Screening required from public rights-of-way and adjacent properties.
SETBACKS FOR MAIN BUILDINGS AND ACCESSORY BUILDINGS AND STRUCTURES (Minimum distances given, unless otherwise noted. All setbacks from streets to development lots are measured from the ultimate property line shown on the Master Plan of Highways.)
Front Development Lot
20 feet
20 feet
Individual Dwelling Unit Lot
None
Not applicable
Side (interior) Development Lot
5 feet
 
Side (street side, if applicable) Development Lot
10 feet
Note: Driveways providing straight-in access from a public street to a garage shall be at least 19 feet long, as measured from the property line.
Rear (not abutting a publicly dedicated alley) Development Lot
20 feet for 2 story structures in R2-MD and R2-HD zones; 15 feet for 2 story structures in the R-3 zone. 10 feet for 1 story structures (15-foot maximum height) provided that maximum rear yard coverage is not exceeded. Exception: Rear yard coverage does not apply to the R-3 zone.
Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots.
Corner lots in the R2-MD, R2-HD & R3 zones:
a. Where the rear property line of a corner lot adjoins the side property line of another lot, no detached accessory structure shall be allowed on the corner lot, except within the rear quarter of the corner lot farthest from the side street.
b. Where the rear property line of a corner lot abuts a public or private street, accessory structures shall maintain setbacks for main structures.
Rear Yard Coverage (maximum) in the R2-MD and R2-HD zones
Main Buildings: 25% of rear yard area.*
Accessory Buildings: 50% of rear yard area.*
* Rear yard area equals lot width, measured from side property line to side property line, multiplied by 20 feet.
Rear Abutting a Publicly Dedicated Alley
5 feet; however, garages may be required to set back further to ensure adequate back up distance. Rear Yard Coverage does not apply.
Note: Accessory structures that do not exceed 15 feet in height may have a zero rear yard setback, except on corner lots where accessory structures shall maintain setbacks for main structures.
Bluff Top Setback
No building or structure closer than 10 feet from bluff crest (see section 13-34 BLUFF-TOP DEVELOPMENT).
PROJECTIONS (maximum depth of projections given)
Roof or Eaves Overhang; Awning
2 feet 6 inches into required side setback or building separation area.
5 feet into required front or rear setback.
Open, unenclosed stairways
2 feet 6 inches into required setback or building separation area.
Chimneys
2 feet above maximum building height.
Fireplaces
2 feet into required setback or building separation area.
PARKING (See CHAPTER VI)
2-car garage required
Yes
Not required.
Automatic roll-up garage door with remote controlled door opener required
Yes
Yes, if garages are provided.
Location of Covered Parking
Required covered tenant parking shall be located within a reasonable distance of the unit it serves. Detached garages that are not located within a reasonable distance to the units they are intended to serve are prohibited.
LANDSCAPING
A detailed landscape plan prepared pursuant to
CHAPTER VII LANDSCAPING STANDARDS shall be approved by the Planning Division prior to issuance of any building permits.
Landscape parkways with a combined width of 10 feet, but not less than 3 feet on one side, shall be provided along the sides of interior private streets and/or common driveways. The parkway on the house side of private streets or common driveways shall be a minimum of 5 feet in width.
SIGNS (See CHAPTER VIII)
POOLS AND SPAS
Above-ground pools and spas shall not be located in the required front yard setback from a public street and are subject to 5-foot side and 10-foot rear yard setbacks for main structures. Additional setbacks may be applicable pursuant to building code requirements.
FENCES AND WALLS
Fences and walls placed between the property line and required setback line for main buildings shall conform to the City's walls, fences, and landscaping standards.
See ARTICLE 9 GENERAL SITE IMPROVEMENT STANDARDS of this chapter for further information.
(c) 
Documents required.
(1) 
A project may be approved subject to submission of all organizational documents setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas, and common facilities pursuant to state law (Civil Code 1350-1359). No such documents shall be acceptable until approved by the city attorney as to legal form and effect, and by the planning division as to suitability for the proposed use of the open areas.
(2) 
The developer shall file a declaration of covenants to be submitted with the application for approval, which will govern the association. The provisions shall include, but not be limited to, the following:
a. 
The homeowners' association shall be established prior to the sale of any unit(s).
b. 
Membership shall be mandatory for each owner and any successive owner.
c. 
Provisions to restrict parking upon other than approved and developed parking spaces and to require that garages be kept available for tenant parking shall be written into the covenants, conditions and restrictions for each project.
d. 
If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions, and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development.
e. 
The declaration of covenants shall contain language or provisions substantially as follows:
i. 
The covenants, conditions and restrictions of this declaration shall run to the City of Costa Mesa insofar as they shall apply to the maintenance of the "common areas" as herein defined.
ii. 
In the event the association or other legally responsible person(s) fail to maintain the common area in such manner as to cause same to constitute a public nuisance, the city may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon the common area, individual units or the whole thereof as provided by law.
(Ord. No. 07-17, § 1e., 10-2-07)
(a) 
Applicability. The provisions of this section shall apply to all conversions of occupied or previously occupied apartments to residential common interest developments proposed on a real property within the appropriately zoned districts. These provisions are in addition to those set forth in section 13-41, residential common interest developments standards and requirements. To request a conversion, the applicant must provide evidence that the proposed project complies with the following requirement:
(1) 
If new or recent construction, the apartment complex has received final building permit approvals from the city.
(b) 
City council findings.
(1) 
The city council finds and declares that that the conversion of existing apartment buildings into common interest development projects may diminish the supply of rental housing and displace residents unreasonably.
(2) 
The city council further finds to avoid the foregoing problems and to reduce the displacement of long-term residents, particularly senior citizens and low- and moderate-income families and families with school-age children, the city council finds and declares it necessary and proper to regulate such conversions by the provisions herein for the health, safety, and welfare of the general public.
(3) 
The city council further finds it is the intent of these regulations to protect the interests of the community and prospective purchasers by requiring the applicant to provide certain information regarding the condition of the structure and to require reasonable improvements to ensure quality and to protect the health, safety, and general welfare of the public.
(4) 
The city council further finds that conversion of occupied or previously occupied residential apartments to condominiums (residential common interest developments) shall be prohibited from and after December 31, 2011, for any project which does not meet each and every development standard for common interest developments in place at the time of the proposed conversion, including by [but] specifically not limited to, number of parking spaces, on-site open space, landscaping and setbacks.
(c) 
(Reserved)
(d) 
Inspection fee. The applicant shall pay an inspection fee, established by the city council, to determine compliance of the existing units with all appropriate building codes as noted in section 13-42(f)(2).
(e) 
Documents required. The applicant shall submit the following documents in addition to those set forth in section 13-41(c) residential common interest developments. To the extent applicable, the following report requirements may be satisfied by submission of copies of similar reports filed with state agencies. The reports shall include information on what improvements, if any, shall be accomplished by the applicant and when such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be placed as conditions of approval in conjunction with the approval of the request to convert apartments to a common interest development and shall be completed prior to recordation of the subdivision map.
(1) 
Tenant rights. Written proof of compliance with the requirements of applicable state statutes regarding the rights of existing tenants of the project.
(2) 
Structural report. A detailed structural report by a California-registered structural or civil engineer identifying the following information:
a. 
Date of original construction of all structures.
b. 
Any evidence of soils problems.
c. 
The condition of the building foundations, walls, ceilings, windows, doors, recreational facilities, parking facilities, and drainage facilities.
d. 
The condition of refuse disposal facilities; swimming pools, saunas/spas, fountains; fireplaces; and exterior lighting.
e. 
Compliance of all bedroom windows with the current California Building Code dimensions for emergency egress. Non-compliant windows shall be identified for replacement or other appropriate remediation.
f. 
Certification that all walls and floor/ceiling assemblies comply with current code requirements for sound transmission. Non-compliant walls and floor/ceiling assemblies shall be identified for replacement or other appropriate remediation.
g. 
Certification that the building's wood frames, sill plates, anchor bolts, connections, and foundation have been inspected and have a minimum life of 25 years and that all substandard elements have been identified for replacement or other appropriate remediation.
(3) 
Pest report. A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and/or dry rot. The report shall describe what procedures are necessary to eliminate infestation or damage, if present.
(4) 
Paint report. A report by a California-licensed painting contractor verifying the condition of the paint on all building interior and exterior surfaces. A statement that new paint will be applied on all building interior and exterior surfaces may take place of the paint report. The statement shall include the brand name of the paint and the exterior colors to be used. For exterior surfaces, a minimum of three colors should be applied.
(5) 
Mold report. A report by a California-licensed mold specialist certifying whether or not all attached or detached structures are free of mold. The report shall describe what procedures are necessary to eliminate mold, if present.
(6) 
Mechanical equipment report. A report by a California-registered mechanical engineer certifying that all appliances and mechanical equipment for heating and cooling comply with the current California Mechanical Code. The proper measures to remediate any noncompliant appliances and mechanical equipment shall be identified.
(7) 
Electrical report. A report by a California-registered electrical engineer certifying that all electrical systems comply with the California Electrical Code. The proper measures to remediate the noncompliant system components shall be identified.
(8) 
Plumbing report. A report by a California-licensed plumbing contractor certifying that all plumbing systems comply with the current California Plumbing Code. All above ground plumbing that does not comply with the current code shall be identified for replacement. Included in this report shall be plumbing systems associated with any swimming pool, sauna, spa, and/or fountain. A camera test of the sewer lateral shall also be conducted under the direction of the applicable sanitary district, and any substandard sewer laterals shall be identified for replacement by the sanitary district. Onsite sewer clean-outs shall be indicated for installation pursuant to the direction of the applicable sanitary district.
(9) 
Roof report. A report by a California-licensed roofing contractor verifying that the roofs of all structures have an estimated remaining physical life of at least 25 years. A statement that new roof material will be applied may take place of the roof report. The statement shall include the specifications of the proposed roofing material.
(10) 
Asbestos report. A report by a California-licensed asbestos specialist indicating that the property does not pose any health hazards related to asbestos. The proper measures to remediate asbestos shall be identified, if necessary. This report is only required for buildings that were constructed prior to 1980.
(f) 
Review procedures. The following are processing requirements in addition to those set forth in Chapter III Planning Applications.
(1) 
Upon receipt of the application and all required documents, the planning division shall submit copies of applicable reports or documents to the fire department, building safety division and other appropriate departments.
(2) 
The development services director shall require an inspection of all buildings and structures in the existing development. An inspection report shall be prepared at or under his/her direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous.
(3) 
The fire marshal may inspect the project to determine the sufficiency of fire protection systems serving the project and report on any deficiencies.
(4) 
The planning division may submit copies of such documents required in subsection (e) to other departments for their review and requirements.
(5) 
The planning division shall review the property report submitted by the applicant and may require its revision and resubmission if found inadequate in providing the required information.
(6) 
The planning division shall keep and maintain the copies of all required reports, as public records, for no less than five years, and shall send copies to the California Real Estate Commissioner as may be required by law.
(7) 
A final inspection report shall be made by the building official, upon request of the applicant, indicating the compliance with all the imposed requirements.
(g) 
Approval criteria.
(1) 
The final review authority shall utilize the development standards and requirements of this article as criteria in the approval of the conversion as herein provided.
(2) 
No residential common interest development conversion shall be approved until all required documents have been submitted, reviewed and found to comply with the provisions of applicable state law and this zoning code.
(3) 
All dwelling units shall be required to comply with current requirements for energy insulation, sound transmission control, and fire detection systems.
(4) 
The city council may adopt general standards that may be applied to residential common interest development conversion applications on a case-by-case basis. The final review authority may use these standards to impose conditions of approval on residential common interest development conversion applications to achieve the purpose of this article.
(h) 
Conversion standards. The project shall be brought into compliance with the following minimum construction standards, unless the building official approves an alternate method of construction. Prior to recordation of the subdivision map, applicable building permits shall be obtained, and all improvements shall be constructed, inspected, and receive final city approval for the required improvements in this section and for any health and safety code violations.
(1) 
Life safety standards. The following improvements shall be provided in accordance with the provisions of the California Building Code or any successor statute or regulation, unless otherwise noted.
a. 
Draft stops shall be installed in conformance with the current California Building Code.
b. 
Each unit shall have access to the electrical branch circuits that serve the unit, and each unit shall have a minimum 100-amp service.
c. 
Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and any additional smoke detectors that are required by code shall be installed.
d. 
Ground fault circuit interrupter protection shall be provided where required by the currently adopted electrical code.
e. 
Buildings that contain three or more stories or 16 or more dwelling units shall be provided with both a manual and an automatic fire alarm system in public areas.
f. 
Doors opening into public corridors shall conform to code requirements, including being self-closing and latching.
g. 
Interior doors opening into enclosed stairways shall be fire rated and self-closing and latching.
h. 
All public corridors shall have illuminated exit signs indicating the path of travel along the exit system and emergency backup power shall be provided for the exit signs.
i. 
Emergency backup power shall be provided for egress lighting in all public areas, including corridors, stairways, lobbies, attached parking garages and elevator cabs and shall provide a minimum illumination of one foot-candle at the floor level.
j. 
When applicable, a means of two-way communication shall be provided between all elevator cabs and the outside of the elevator.
k. 
Portable fire extinguishers shall be provided in accordance with the California Fire Code or any successor statute or regulation.
(2) 
Plumbing requirements. The following improvements shall be provided in accordance with the provisions of the California Plumbing Code or any successor statute or regulation.
a. 
A temperature and pressure relief valve shall be provided for all water heaters.
b. 
Water heaters shall be seismically braced with a minimum of two straps.
c. 
Water heaters shall be properly vented to the outside and shall be provided with sufficient combustion air.
d. 
Potable water shall have a backflow protection where necessary to prevent potential cross connection.
e. 
Dishwashers shall be connected to the drainage system through an approved air gap fitting.
(3) 
Security requirements. The following improvements shall be provided in accordance with the provisions of the California Building Code or any successor statute or regulation.
a. 
Openings into individual dwelling units shall comply with the security provisions.
b. 
Doors will be equipped with appropriate deadbolt locks.
c. 
Required egress windows in sleeping rooms shall not be blocked by a security grill or grate, unless it has an approved release device.
(4) 
Compliance with zoning code provisions. With the exception of density standards, the project shall comply with all requirements of this zoning code, including but not limited to building setbacks, distance between buildings, parking, open space, and landscaping requirements, unless any zoning code requirement is superseded by an adopted specific plan or urban plan. The final review authority may approve a deviation from a zoning code standard in conjunction with the review of the conversion request, in conformance with the findings in section 13-29(g)(10) and provided that the following minimum standards are met.
a. 
If existing onsite parking does not conform to current requirements, at a minimum two and one-half (2.5) parking spaces for every two- to three-bedroom units, and 1.5 parking spaces for every studio and/or one-bedroom unit shall be provided. Additionally, one covered space shall be assigned to each unit. In no circumstance shall approval of a conversion application result in fewer onsite parking spaces than the number of spaces that existed onsite prior to the application submittal.
b. 
If existing onsite open space does not conform to current requirements for the development lot, at a minimum 30% of the total lot area shall qualify as open space.
(5) 
Refurbishing and restorations. All main buildings, structures, walls, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the final review authority shall be refurbished and restored as appropriate for a high standard of appearance, quality, and safety. Specific improvements include:
a. 
Installation of all remedial improvements identified in the reports submitted pursuant to by section 13-42(e), documents required.
b. 
Installation of appropriate improvements that ensure acceptable sound transmission levels between units in each building and between units and parking facilities in conformance with the current California Building Code.
c. 
Installation of insulation in all walls and ceilings that has a minimum value of R-13 for walls and R-30 for ceilings.
d. 
Replacement of all gas lines (both interior and exterior) that do not comply with current code and conduct appropriate pressure test.
e. 
Provision of individual washer/dryer hook-ups for each unit.
f. 
Installation of double-glazed, low-E windows and exterior doors.
g. 
Installation of new sinks, faucets, toilets, and tubs/showers. Low water flow plumbing fixtures are recommended.
h. 
Installation of new appliances. Energy-efficient appliances are recommended.
i. 
Install new stucco, paint, and flooring as needed.
j. 
Waterproofing all exterior landings, staircases, and balconies.
k. 
Installation of roof-top solar energy panels is encouraged.
(6) 
Condition of equipment and appliances. The developer shall provide a one-year warranty to the buyer of each unit at the close of escrow on any appliance included in the unit as a condition of sale, including, but not limited to, dishwasher, garbage disposal, stove, oven, refrigerator, hot water tank, forced air unit, and air conditioner. At such time as the homeowners' association takes over management of the project, the developer shall provide written certification to the association that any improvements that are to be owned in common by the association, such as pools, spas, pool/spa equipment and any other appliances and mechanical equipment are in operable working condition. The developer shall also provide a one-year warranty on these appliances and mechanical equipment.
(7) 
Public report. Prior to the submittal of the recorded subdivision map with the state department of real estate, the developer shall submit to the planning division a copy of the preliminary public report, which shall list all structural and site improvements that were made to the conversion project.
(8) 
Onsite utilities. The developer shall underground all onsite utilities. In addition, all onsite utilities, such as gas, electricity, and water, shall be separately metered for each unit. Common areas may also require separate utility meters pursuant to the utility agency requirements.
(Ord. No. 07-17, § 1e., 10-2-07)