The purpose of this article is to regulate development and subdivision
of small lots within residential zoning districts and overlay districts
where residential and live/work projects are permitted. The ownership
and occupancy of these developments shall be subject to applicable
laws for the general health, safety and welfare of the public. This
type of subdivision is intended to provide flexible development standards
and to promote a wider range of homeownership of individual lots in
multiple-family residential districts.
(Ord. No. 14-04, § 2B, 4-1-14; Ord. No. 18-10, § 2, 9-18-18)
(a)
Small lot subdivisions are permitted in appropriate residential districts
and not in combination with other development standards in the overlays
zones, subject to approval of the following planning application as
may be applicable. This requirement is in addition to other permits
or certificates required by law.
(1)
All new small lot development projects shall be processed according
to the design review procedures contained in section 13-29.
(2)
All small lot development projects require approval of a tentative
tract or parcel map as required by law. A tentative tract map or parcel
map shall not be required until a design review has been approved;
however, the map may be processed concurrently.
(b)
No person shall construct, sell, lease, convey, maintain or use a
lot in a small lot subdivision project within the city without first
complying with the provisions of this article.
(Ord. No. 14-04, § 2B, 4-1-14; Ord. No. 18-10, § 2, 9-18-18)
(a)
Applicability. The provisions of this section shall
apply to all new residential small lot subdivisions of 15 lots or
less in multi-family zones and not in combination with other development
standards in the overlays zones.
(b)
Development standards. Table 13-42 identifies the
development standards for small lot subdivision 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. Pre-existing development should guide the building
setbacks and new development should preserve the existing character
of the neighborhood.
(2)
The site design must consider both the design elements of each unit
and how these designs will enhance the overall neighborhood character
and vitality of the street and sidewalk. Building setbacks and site
planning must relate to surrounding built form, respecting the overall
neighborhood character and existing topography. Additionally, each
unit must exhibit a high level of design quality with well-articulated
entries and façades, proportionate windows, quality building
materials and contextual landscaping.
(3)
All structures proposed to be constructed within a project shall
conform to the following requirements:
(4)
On-site lighting shall be provided 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 services department.
(5)
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.
(6)
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 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.
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Table 13-42
SMALL LOT SUBDIVISION STANDARDS
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STANDARDS
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SINGLE-FAMILY UNITS (located on individual dwelling unit lots
and excluding townhouses)
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Maximum Number of Stories & Building Height
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2 stories/27 feet, except as allowed in the Westside Overlay
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.
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Attics
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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.
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Maximum Density (based on gross acreage)
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Same as underlying zoning district or as specified in an applicable
specific plan.
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Minimum Open Space (development lot)
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35% of total lot area. No asphalt shall be permitted for paved
areas. Parking and driveways shall consist of decorative concrete,
pavers or other materials as deemed appropriate by the Development
Services Director. This requirement may be decreased to a minimum
of up to 30%, if the difference in the area is provided as additional
open guest parking, located in a common area, and not exclusive for
any specific unit.
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Minimum Open Space (individual unit)
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200 square feet with no dimension less than 10 feet.
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Development Lot
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Separately owned private property interests or any portion thereof,
necessary or desirable for common use, are subject to recordation
of an easement for reciprocal access and maintenance. All areas of
a development with 5 or more parcels, subject to a reciprocal access
and/or maintenance easement shall be maintained by an association
that may be incorporated or unincorporated. The association may be
referred to as a maintenance association.
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Parking
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• Three-bedroom or more units (including a den or home
office) – 2 garage spaces and 2 open parking spaces.
• Two-bedroom or less units (including a den) – 2
garage spaces and one open parking.
• No tandem parking is permitted for open or guest parking
spaces.
For developments with 5 or more units (up to 10 units) where
open/guest parking spaces are provided in driveways in front of garages
for exclusive use of that unit, one additional on-site guest parking
shall be provided. Two additional open guest-parking shall be provided
for developments with more than 10 units.
• For all small lot developments subject to the provisions
of this article, all open parking not located within an individual
driveway shall be unassigned and nonexclusive.
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Distance Between Buildings
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6 feet minimum
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Driveway Width (development lot)
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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 width shall be a maximum of 26 feet for
lots less than 50 feet wide and a maximum of 50% for lots greater
than 50 feet wide.
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Driveway Length
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Straight-in driveways to garages shall have a minimum length
of 19 feet from the ultimate public or private right-of-way. No driveways
shall be more than 5 feet in length if parking is not provided in
front of garage.
Driveways accessing rear parcels shall be in compliance with
the requirements of the Parking Design Standards, minimum separation
between driveways and maximum 50% hardscape requirement.
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Mechanical Equipment (excluding antennas and flush-mounted solar
panels on roofs)
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Roof-top location is prohibited unless completely screened from
public rights-of-way and adjacent properties.
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Front Development Lot
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20 feet
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Side yard (interior)
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5 feet.
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Rear yard (interior)
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15 feet
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Side (street side, if applicable)
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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 ultimate
public or private right-of-way.
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Rear Abutting a Publicly Dedicated Alley
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5 feet; however, garages may be required to be set back further
to ensure adequate back up distance. Rear Yard Coverage does not apply.
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Flag Lots and Alley Fronting Lots
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Flag lots are required to be accessed with a minimum 16-foot
wide driveway. Parcels with alley frontage should include a minimum
8-foot wide pedestrian access to the public street in the front. Parcels
with frontage only on public alleys are prohibited.
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Bluff Top Setback
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No building or structure closer than 10 feet from bluff crest
(see section 13-34 Bluff-top development).
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Roof or Eaves Overhang; Awning
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2 feet 6 inches into required side setback or building separation
area.
5 feet into required front or rear setback.
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Open, Unenclosed Stairways
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Not permitted
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Chimneys
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May extend 2 feet above maximum building height.
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Fireplaces
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2 feet into required setback of building separation area
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Automatic Roll-Up Garage Doors
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Required
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Location of Open Parking
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Guest 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.
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Trash Storage
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All units shall be provided with a small alcove inside or outside
the unit to allow storage of at least three trash carts without encroaching
into the garage space.
All efforts shall be made to provide on-site trash service.
Trash carts shall be stored on-site for trash pick up to the greatest
extent possible.
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Above-Ground Pools and Spas
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Prohibited in front yards and subject to 5-foot side and rear
setback from the main structures.
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LANDSCAPING
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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.
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SIGNS (See Chapter VIII).
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FENCES AND WALLS
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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.
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PREEXISTING DEVELOPMENT
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Small lot subdivisions and structures constructed, permitted
or approved under the small lot ordinance prior to October 18, 2018
shall be considered conforming with regard to the above provisions.
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(c)
Documents required.
(1)
Project approval is subject to submission of complete organizational
documents setting forth a plan or manner of permanent care and maintenance
of any open spaces, recreational areas and commonly used areas/facilities.
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)
Prior to entering into a sales agreement for any property within
a small lot subdivision, the developer shall disclose general information
regarding the property to the future homebuyers, including, but not
limited to, the following:
a.
The type, thickness, and R-value of the insulation that has been
installed in the home.
b.
Any exposed hazards during and after construction (lead-based paint,
asbestos, etc.).
c.
Uses other than residential in proximity to the project.
d.
Unusual adjacent zoning.
e.
Distance to airport if within two miles.
f.
Where soils, filled ground and geologic information is available.
g.
Any special costs that will be incurred by the lot buyer as a result
of the installation of a building foundation or any other construction
due to unusual soil/geological conditions.
h.
If there is fill in excess of two feet.
i.
Schools servicing subdivision and any special conditions.
j.
Any unusual flooding conditions.
k.
Conditions of approval by the city and any resale restrictions.
l.
Dedications and easements.
m.
Project phasing plan.
n.
CC&Rs.
(3)
All small lot subdivisions shall file a declaration of covenants
to be submitted with the application for approval. The declaration
of covenants shall include, but not be limited to, the following provisions.
a.
The homeowners' association or a maintenance association (as applicable)
shall be established prior to the sale of any unit(s).
b.
Membership in the homeowners or maintenance association 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 resident
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. 14-04, § 2B., 4-1-14; Ord. No. 15-03, § 2, 4-21-15; Ord. No. 18-10, § 2, 9-18-18; Ord. No. 21-20, § 1, 12-7-21)
