Any massage establishment or massage practitioner holding a valid current license issued pursuant to the provisions of Title 9 of this Municipal Code.

Any "off-premises" massage, escort or similar service holding a valid current license issued pursuant to the provisions of Title 9 of this Municipal Code.

Any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issued by the state to practice any such art or profession under the provisions of the State Business and Professions Code or any other state law.

A sexually-oriented business shall be subject to the following restrictions:

Each such sexually-oriented business must, prior to commencement or continuation or substantial enlargement of such business, first apply for and receive a sexually-oriented business license in accordance with the provisions in Chapter IV, Article 9 of the City of Costa Mesa Municipal Code.

Each person who engages in or participates in any live performance involving, depicting, describing or relating to specified anatomical areas or specified sexual activities in a sexually-oriented business shall first apply for and receive a sexually-oriented business performer license.

Notwithstanding that it is not a criminal offense for a person to operate or cause to be operated a sexually-oriented business to be in violation of Chapter IV, Article 9, Nudity Limitation, it is unlawful and a misdemeanor to establish, substantially enlarge or operate a sexually-oriented business within the city without first complying with the provisions of this article;

It is unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business outside of the commercial zones specified in this article;

It is unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business within 1,000 feet of any religious institution, school, or public park or within 500 feet of any area zoned for and/or lawfully operated as a residential use.

With the exception of sexually-oriented businesses located within the PDC zone, it is unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business within 1,000 feet of another sexually-oriented business.

With the exception of sexually-oriented businesses located within the PDC zone, it is unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one sexually-oriented business within the same building, structure or portion thereof, or to cause the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business.

For those sexually-oriented businesses located within the PDC Zone, it is unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one sexually-oriented business within the same leasing or occupied space or portion thereof containing another sexually-oriented business.

Any sexually-oriented business lawfully operating on February 22, 1994, that is in violation of this article, shall be deemed a nonconforming use. A nonconforming sexually-oriented business will be permitted to continue for a period of one year, with a possible one year extension, for a total time period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. An application for a one year extension for extenuating circumstances may be granted by the planning commission only upon a convincing showing of extreme financial hardship by the sexually-oriented business. Such nonconforming sexually-oriented business shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually-oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and has continually operated at the particular location is the conforming use and the later established business(es) is nonconforming.

Any sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually-oriented business permit and/or license, of a school, public park, religious institution, or public building likely to be frequented by minors within 1,000 feet and/or residential use within 500 feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

Exemption. Antennas meeting all of the following criteria are exempt from the regulations of this article:

Satellite dish antennas. Any satellite dish antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal non-conforming, and may be maintained, enlarged, expanded or changed in accordance with the provisions of this article.

Requirements. An application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in Chapter III, Planning Applications, with the following exceptions:

Findings. In addition to the findings specified in section 13-29(g)(2), Conditional use permit and minor conditional use permit findings, the following findings shall be made:

Conditions. In approving a minor conditional use permit, the final review authority may impose reasonable conditions necessary to minimize the impact of the installation or operation of the antenna(s) on the public or other properties or improvements within the immediate vicinity of the antenna(s), consistent with this article.

Compliance with applicable development standards and other applicable ordinance requirements.

Specification of the hours when the business may be in operation.

Any other conditions generally applicable to conditional use permits for automobile service stations.

Any conditions needed to mitigate potential adverse environmental effects of the use.

As of January 1, 1988, no alcoholic beverage shall be displayed within five feet of the cash register or the front door unless it is in a cooler which was permanently affixed prior to January 1, 1988.

No sale of alcoholic beverages shall be made from a drive-in window.

No alcoholic beverages shall be sold or displayed outdoors.

No display or sale of alcoholic beverages shall be made from an ice tub.

No alcoholic beverage advertising shall be located on motor fuel islands, and no self-illuminated advertising for alcoholic beverages shall be located on buildings or windows.

Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages.

Preliminary application. A developer of a qualified housing project and/or child care facility may submit a preliminary application pursuant to this article prior to the submittal of any formal requests for approvals for a housing project development.

Within 30 days of receipt of the application, the planning division shall provide to the applicant, the procedures for compliance with this article, a copy of this article and related policies, the pertinent sections of the State Codes to which reference is made in this article, and an application.

Submittal. The completed formal application shall include the following information.

Review. The review of an application for a density bonus and concession or incentive request shall be processed as a planning application pursuant to Chapter III planning applications. The planning division shall review the application for its conformance with State Government Code section 65915 et seq., and applicable City Codes and make a report to the planning commission. If the application involves a request for direct financial incentives, then any action by the planning commission on the application shall be advisory only, and the city council shall have the authority to make the final decision on the application.

A minor conditional use permit shall be required when the proposed electronic game machines are incidental to the primary use of a business establishment.

A conditional use permit shall be required when the proposed electronic game machines are the primary use of the business establishment.

All electronic game machines within the premises shall be visible to and supervised by an adult attendant. The attendant shall be present at all times when any electronic game machine is being operated.

The supervision of the patrons on the premises shall be adequate to ensure there is no conduct that is detrimental to the public health, safety and general welfare.

During the school year, minors between the ages of five and 18 years shall not be allowed to operate electronic game machines Monday through Friday, except legal school holidays, between the hours of 8:00 a.m. and 3:00 p.m. unless accompanied by a parent, legal guardian or an authorized agent of the school district. It shall be the responsibility of the adult attendant to enforce this regulation.

Outside security lighting shall be provided under the direction and upon the recommendation of the development services and/or police departments.

Applications for home occupation permits shall be filed with the finance division on forms provided and must be accompanied by an application for a business license for the work anticipated and the required fee.

The planning division shall review all such permit applications within four days of the proper filing to determine compliance with the purpose and intent of this article and the standards set forth in section 13-168, Evaluation standards. The planning division may require additional information from the applicant in order to make the determination.

The planning division shall approve, approve with modifications, or deny any application for a permit, based upon determination in accordance with the standards set forth in section 13-168, Evaluation standards.

There shall be no employment of persons other than permanent residents of the premises.

There shall be no direct sale of products, either wholesale or retail on the premises.

No more than one room in the dwelling may be used for the home occupation.

No building, space outside of the main building, or garage, attached or detached, shall be used for the home occupation. Storage of necessary supplies or equipment used in the home occupation may be permitted in a garage if the storage does not diminish the usable parking space in the garage.

There shall be no use of utilities or community facilities beyond that normal to the residential use of the property.

No use of material or mechanized equipment not recognized as being associated with a normal household use or hobby is permitted.

The structure or appearance of the exterior of the dwelling shall not be altered or remodeled for home occupational purposes either by color, materials, construction, lighting, or in any other way. No part of the interior of the structure shall be remodeled for home occupation purposes other than the interior of the room where the home occupation is being conducted.

No signs shall be displayed in connection with the home occupation, and there shall be no advertising using the home address, with the exception of advertising in the telephone directory.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle of no more than one-ton capacity, owned by the operator of the home occupation, which shall be stored in an entirely enclosed garage. The storage of equipment such as trailers, tractors, trucks in excess of one ton, wheeled construction equipment, etc. is not permitted.

The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the neighborhood where it is located.

The home occupation shall not result in or generate parking or storing of commercial vehicles on public streets. Commercial vehicles are defined in the State Vehicle Code and, in addition, shall include construction equipment and any other mobile paraphernalia used in connection with the home occupation.

Any home occupation permit may be revoked by the planning division at any time after its issuance if the planning division notifies the permittee, in writing, of the decision to revoke the permit. The notice shall state the reasons for the action and shall refer to the appeal procedures prescribed in Title 2, Chapter IX, Appeal, Rehearing and Review Procedure. The existence of any one or more of the following factors shall be sufficient grounds for revocation of the permit:

The decision of the planning division may be appealed pursuant to Title 2, Chapter IX, Appeal, Rehearing and Review Procedure.

Exterior finish. The exteriors shall be of finished quality. Metal containers are prohibited.

Landscaping. A landscaped strip, a minimum of five feet in width, shall be provided where subject property abuts any residential district. The five-foot landscaped strip shall be designed to provide screening of the site from residential properties.

Screening. A minimum six-foot high decorative block wall shall be installed along property lines and street setback lines under the direction of the planning division. Overhead access doors shall be screened from off-site.

(Reserved)

No property owner, motel operator or manager shall rent a room for a period that exceeds 30 consecutive days or 30 days within any sixty (6) consecutive day period, unless the property owner or motel operator has obtained a conditional use permit authorizing long-term occupancies pursuant to section 13-175.3.

On-site management shall be available 24 hours a day.

Each guest room shall be provided regularly-scheduled maid and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy.

In-room telephone service for emergency response purposes shall be provided in all guest rooms of the motel.

Persons responsible for the renting of a room in any motel shall provide their name and permanent address, as verified by presentation of a valid driver's license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on-site or off-site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest.

No room, suite or bed shall be assigned or rented more than once within any 24 hour period.

The property owner/motel operator shall comply with the provisions of Chapter IV of Title 16 of the Costa Mesa Municipal Code pertaining to the operator's responsibility for the collection of transient occupancy tax.

The business shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement.

Nothing in this chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law.

Whenever a long-term occupancy terminates, for whatever reason, the property owner/motel operator shall not re-lease that unit for a new long-term occupancy, except to the degree the motel will be in compliance with the requirements of this chapter.

Within 30 days of the effective date of this ordinance, the city shall notify the owners and operators of each motel in the city of the ordinance's adoption. The city shall send a copy of the ordinance, a "longterm occupancy form," and a schedule for compliance via certified return receipt mail. If a notice is returned, the city shall send the notice via standard U.S. mail.

Within 30 days of the mailing of the notice in section 13-175.2(a), the property owner/motel operator shall submit a fully completed "long-term occupancy form" to the city that provides the total number of rooms used as long-term occupancies during the preceding 60 days; identify the long-term occupant by a valid driver's license or other valid identification; the make, year, and model of any vehicle parked on-site or off-site; and any other information to demonstrate compliance with the ordinance. If a property owner/motel operator fails to submit the long-term occupancy form, in addition to taking any other action authorized by law, the city shall estimate the total number of rooms used as long-term occupancies at zero.

The motel must have a minimum of at least 75 rooms.

Fireproof safety deposit boxes must be available to all occupants of the motel.

Each guest room shall be provided regularly-scheduled maid, mail and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy.

Each room shall be a minimum of 375 square feet.

The motel shall maintain on-site laundry services, available for use by guests.

The proposed use is compatible with the surrounding neighborhood, uses, zoning and general plan.

Each guest room shall have a fully equipped kitchen with an area for the preparation of food, and include the following: sink, cook top, oven and/or microwave oven, and refrigerator.

The specific requirements of this article are applicable to the siting, construction, and/or retrofit of any facility proposed for the treatment, storage, transfer and disposal of hazardous waste generated from other sources (off-site) as defined in section 13-177, Definitions. The off-site facility definition in section 13-177, Definitions, does not apply to: (1) Transportable Treatment Units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or (2) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste. All such facilities (i.e., off-site, on-site, and TTUs) shall be subject to state licensing for installation and operation and appropriate review by the city.

Used motor oil collection facilities. The provisions of this article shall not apply to used motor oil collection facilities that meet the following criteria:

It is unlawful to establish and operate an off-site hazardous waste facility without first obtaining a conditional use permit. The conditional use permit shall require approval of the city council.

Off-site hazardous waste facilities may be allowed in the MP and MG industrial zones, subject to the issuance of a conditional use permit and pursuant to the provisions of this article and Chapter III, Planning Applications. Other zoning districts where off-site hazardous waste facilities may be considered are C1, C2, C1-S, PDC, TC, PDI, and I & R, provided a finding is made by the city council that the proposed facility is of a purpose, scale, and operation that is compatible with the intent of the applicable zoning district and general plan designation; the issuance of a conditional use permit shall also be required. This requirement is in addition to other permits required by law. Where this article does not provide specific direction, the provisions of other applicable chapters and articles of this Zoning Code shall apply.

A conditional use permit application for a proposed hazardous waste facility shall be accompanied by all processing fees as established by resolution of the city council.

A map depicting the distance from the project property lines to the nearest residential structure, residential zone, and general plan residential land use designation.

Identification of surrounding zoning and land uses.

Project proximity to 100-year floodplain areas.

Project proximity to any known earthquake fault zones.

The relationship of the proposed project to all above ground water supplies as well as known underground aquifers that could possibly suffer contamination.

Existing and proposed utilities which service or will be needed to service the facility.

A preliminary geological study of the property and surrounding area which includes a soils analysis that is to the depth of known aquifers, regardless of the potability of those aquifers.

Identification of all wastewater, treated and untreated, to be generated by the proposed facility and the method and place of final discharge. Surface water runoff shall also be addressed.

Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amounts, sources and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, representative of the wastes that will be processed at the facility.

For properties within a 300-foot radius of the boundary of the project site, the applicant shall provide a surrounding ownership map, a list of names and mailing addresses of all property owners and tenants within the radius area, and five sets of mailing labels for all tenants and owners of record per the specifications of the planning division. A greater radius of notification, up to 1000 feet, may be required at the discretion of the development services director.

A public involvement/participation plan for the proposed project which provides adequate forums to receive public testimony in an effort to identify and mitigate all public concerns prior to the public hearings.

The proposed monitoring program to ensure on an ongoing basis that there is no unintentional release of any hazardous substance from the site. This program shall include any ongoing monitoring necessary by other permitting agencies including but not limited to the Southern California Air Quality Management District, Environmental Protection Agency, Air Resources Board and Regional Water Quality Control Board.

A preliminary emergency contingency plan designed to minimize hazards to human health or the environment from fires, explosions or any unplanned release of hazardous waste or hazardous waste constituents to the air, soil or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

The proposed closure plan which identifies the steps necessary to completely or partially close the facility at any point during its operating life and to permanently close the facility at the end of its intended operating life.

An analysis of how the proposed project complies with the siting criteria for off-site hazardous waste facilities described in the county hazardous waste management plan. The siting criteria may be obtained from the planning division.

Documentation that all applicable permits, licensing and certification requirements under Chapter 6.5, Division 20, of the State Health and Safety Code have been obtained.

Other information as required by the development services director.

At least 90 days before filing a conditional use permit application for a proposed hazardous waste facility, the applicant shall file a notice of intent to make an application with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research (OPR) and with the development services director. The notice of intent shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of record and tenants of all property within a 300-foot radius of the boundary of the project site. A greater radius of notification, up to 1000 feet, may be required at the discretion of the development services director. A notice of intent is not transferable to a location other than the location specified in the notice, and it shall remain in effect for one year from the date it is filed or until it is withdrawn by the applicant, whichever is earlier.

The applicant shall also provide for the notification area, a surrounding ownership map, a list of names and mailing addresses of all tenants and property owners of record, and one set of mailing labels for all tenants and property owners per the specifications of the planning division.

The city shall impose a fee upon the applicant equal to the cost of notification required by this section. The fee shall be established by resolution of the city council.

Within 90 days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the city to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving the project application. The development services director shall coordinate with OPA regarding the meeting's location and time and shall provide a notice of the meeting.

Anytime after receiving a notification of the filing of a notice of intent, but no later than 30 days after the application is accepted as complete, the city council shall appoint a seven-member Local Assessment Committee (LAC) in conformance with State Health and Safety Code section 25199.7(d). The city shall provide staff resources to assist the LAC in performing its duties. The city shall charge the applicant a fee to cover the city's costs of establishing and convening the LAC; the fee shall be established by city council resolution and shall accompany the conditional use permit application.

The development services director shall notify the OPA within 10 days after the conditional use permit application is accepted as complete. Within 60 days after receiving this notice, the OPA will convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the affected agencies and the public pursuant to State Health and Safety Code section 25199.7(e). The meeting shall take place in the city and shall be noticed pursuant to subsection (a) of this section.

Following the meeting as specified in subsection (d), the applicant and the LAC shall meet and confer on the proposed hazardous waste facility for the purpose of establishing the terms and conditions under which the project will be acceptable to the community.

If the LAC finds that it requires assistance and independent advice to adequately review a proposed project, it may request technical assistance grants from the city to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use the available technical assistance grant funds to hire a consultant to do either or both of the following:

If the LAC and the applicant cannot resolve any differences through the meetings, the OPA may assist in this resolution pursuant to State Health and Safety Code section 25199.4.

At the request of the applicant, the city council shall, within 60 calendar days after the application is determined complete, issue an initial written determination on whether the hazardous waste facility is consistent with both the general plan and Zoning Code in effect at the time the application was received, and the county hazardous waste management plan.

Upon completion of the project review by the LAC, and all necessary environmental review, the planning commission shall hold a public hearing on the conditional use permit and make its recommendation to the city council in writing. The recommendation shall include a statement of whether or not the proposed hazardous waste facility complies with the findings contained in section 13-184, Findings.

After the planning commission has made its recommendation, the city council shall hold a public hearing and shall approve, disapprove, or conditionally approve the request based on the findings contained in section 13-184, Findings, and, where applicable, the findings contained in section 13-179(b), Conditional use permit required.

The city council may impose conditions on granting a conditional use permit in order to achieve the purposes of this article and the general plan and to protect the health, safety, and general welfare of the community.

An applicant may file an appeal of a decision made by the city council with the appeal board as provided in State Health and Safety Code section 25199.9.

Mailing by first class mail or delivery to the applicant, to each owner of record of the property affected, and to all owners of property of record within the required notification area.

Mailing by first class mail or delivery to Mesa Consolidated Water District and/or Santa Ana Heights Water Company, Costa Mesa Sanitary District, County Sanitation Districts of Orange County, and Newport Mesa Unified School District and/or Santa Ana Unified School District.

Mailing by first class mail to any person and/or agency that has filed a written request with the development services director.

Publication at least once in a newspaper of general circulation published and circulated in the city.

The proposed hazardous waste facility is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.

Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.

Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.

The project will not be detrimental to the health, safety or general welfare of the community.

The project site is or will be adequately served by roads and other public or private service facilities.

The project will be consistent with the Regional Fair Share Facility Needs Assessment, siting policies, and facility siting criteria established in the county hazardous waste management plan.

Where applicable, the findings in section 13-179(b), Conditional use permit required.

In the event the city council approves the conditional use permit, its action shall be final unless appealed pursuant to subsection (b).

An applicant or an interested person may file an appeal of a land use decision made by the city council to the appeal board within 30 days after the date the city council takes final action on the conditional use permit pursuant to the procedures set forth in State Health and Safety Code Sections 25199.9 25199.14.

With the exception of a real estate office noted above, a minor conditional use permit shall be required for the use of a temporary trailer on any property. Application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in Chapter III, Planning Applications.

The approval shall typically be limited to one year; however, the zoning administrator may grant additional time based on the merits of the proposal.

Reduce the number of peak-period vehicle trips generated in association with additional development.

Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes.

Achieve related reductions in vehicle trips, traffic congestion and public expenditure and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing.

Promote coordinated implementation of strategies on a countywide and citywide basis to reduce transportation demand.

Achieve the most efficient use of local resources through coordinated and consistent regional and/or local TDM programs.

This article shall apply to all new development projects that are estimated to employ 100 or more persons as determined by the methodology contained in subsection (b).

For purposes of determining whether a new development project is subject to this article, the total employment figure will be determined as follows:

The employment projection for a development of mixed or multiple uses shall be calculated based upon the proportion of development devoted to each type of use.

Current procedures for site development plan review as appropriate.

Field/site inspections.

Other building site reports/surveys which the city may deem appropriate.

Withholding issuance of a building permit or certificate of use and occupancy.

Issuance of stop work order(s).

Enforcement as provided in Chapter I, General, Article 4, Enforcement.

To safeguard the city's heritage as embodied and reflected in such resources;

To encourage public knowledge, understanding, and appreciation of the city's past;

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources;

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction;

To enhance property values and to increase economic and financial benefits to the city and its inhabitants; and

To protect and enhance the city's attraction to tourists and visitors, thereby stimulating business and industry.

Local Register. The city shall maintain a list of all designated cultural resources, landmarks and historic districts which shall be known as the local Register of Historic Places.

Survey. The city shall undertake an ongoing survey and research effort to identify buildings, structures, sites, objects, historic districts, natural features, and improvements that have historic, community, architectural, or cultural significance, importance, interest, or value; and shall compile and update appropriate descriptions, facts, and photographs of potential cultural resources on appropriate state inventory forms (DPR523). The city shall notify the owner of record that his/her improvement has been surveyed, evaluated, and listed.

Maintenance. Every person in control and every owner of a cultural resource placed on the local Register of Historic Places and any appurtenant premises shall maintain and keep in good repair the exterior of such designated resources, all of the interior portions thereof when subject to regulation as specified in the designation resolution, and all interior portions whose maintenance is necessary to prevent deterioration or decay of any exterior architectural feature. This article shall be enforced by the city's Development Services Department.

Application of the State Historic Building Code. Pursuant to the State of California Health and Safety Code, the development services director may apply the State Historical Building Code in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a designated historic building.

Certificate of appropriateness required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any cultural resource on the local Register of Historic Places without first having applied for and been granted a certificate of appropriateness to do so by the planning commission (or other commission/committee designated by the city council). The requirements of this article are in addition to any and all other city permit requirements. When the planning commission (or other commission/committee designated by the city council) or the city council has prepared and adopted a plan or specific design criteria or guidelines for the preservation of a landmark or historic district which sets forth particular development standards, an application for a certificate of appropriateness to do work consistent with the adopted plan development standards may be approved by the planning division. If the application is not approved by staff it shall be processed as set forth in this article.

Mills Act contracts;

State Historic Building Code;

Marks Historical Rehabilitation Act;

Preservation easements for the facades of designated landmarks;

Assistance in processing applications for nominations to the National Register of Historic Places;

Plaques, awards or other symbols of recognition of exemplary rehabilitation;

Grants and loans including, but not limited to, funds from community development block grants; redevelopment financing programs; economic development programs; Small Business Association loans; commercial rehabilitation loans; Economic Development Administration programs; industrial development bonds; investment tax credit programs; and urban development action grants for rehabilitation of residential, commercial, and industrial buildings;

Variances, including, but not limited to, building setbacks and parking requirements for rehabilitation projects;

Building permit, planning application, and certificate of appropriateness fee relief; and

Transfer of development rights.

Application required. An application for a reasonable accommodation shall be filed and processed with the Planning Division. The application shall include the following information and be subject to the determinant factors required by this section.

Submittal requirements. The application shall be made in writing, and shall include the following information:

Fees. No application fee is required.

Director action. Within 60 days of receipt of a completed application, the director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit.

Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a requested accommodation:

Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:

Issuance of a new off-sale ABC license;

Any change in the type of off-sale ABC license;

Any type of premises to premises transfer of an existing off-sale ABC license;

A cumulative expansion of 100 square feet or more of the gross floor area; or

Any suspension or revocation of the off-sale ABC license for five days or more by the state in a cumulative five-year period by the state. The licensee of the establishment shall file and have approved a conditional use permit before the off-sale ABC license can be reestablished.

Alcoholic beverage sales from drive through or walk-up service windows shall be prohibited.

Wine, beer and other distilled spirit shall be sold in the factory manufactured packages for retail sales. Factory multiple-packed bottles or cans shall not be unpackaged to be sold individually. This restriction is not intended to prohibit the sale of beverages in a single container packaged by the manufacturer for individual sale.

Beer or wine shall not be displayed or sold from an ice tub or any other type of portable refrigerated unit.

The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The business shall institute whatever security measures are necessary to comply with this requirement.

Public nuisance. If it is determined that certain characteristics of the liquor store, convenience market, or mini-market are detrimental to the public health, welfare, and safety and contrary to public interest, city council may declare the liquor store, convenience store, or mini-market as a public nuisance, as defined by California Civil Code sections 3479 and 3480, and abate said nuisance pursuant to the procedures set forth in section 13-17 of the zoning code.

Findings. In addition, the final review authority may modify or revoke a conditional use permit for a liquor store, convenience store, or mini-market based upon the findings in section 13-29(o), or upon making one or more of the following findings:

Smoking lounges and smoking/vaping retailers are subject to the review and approval procedures shown in Table 13-30 City of Costa Mesa Land Use Matrix and the operational and development standards contained in this article.

Establishment of a smoking/vaping retail business within one thousand (1,000 feet) of a public or private primary or secondary educational school facility is strictly prohibited.

Notwithstanding the foregoing, the existing smoking/vaping retailers located at 891 W. Baker Street, Suite B-11 and 1175 Baker Street, Suite 10-D are legally nonconforming uses in accordance with Title 13, Chapter X of the Costa Mesa Municipal Code.

Establishment of a smoking lounge business in the C1-S, PDC, and MP zones within 1,500 feet from another approved smoking lounge is strictly prohibited.

Notwithstanding the foregoing, the existing smoking lounges located at 2470 Newport Boulevard and 698 W. 19th Street are legally nonconforming uses in accordance with Title 13, Chapter X of the Costa Mesa Municipal Code. As legally nonconforming, the existing use may operate between the hours of 12:00 p.m. (noon) to 11:00 p.m. daily (within 500 feet of a residential zone).

The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code section 6404.5.

The establishment shall operate in compliance with all applicable federal, state, county, and local laws, rules, regulations, and ordinances relating to the protection of health, safety, and welfare.

Minors prohibited. No persons under 18 years of age shall be permitted within any area of the business premises where smoking is allowed. Owners and operators of the establishment shall require identification to verify the age of customers.

Employees. Employees shall be at least 18 years of age. The applicant shall provide the name, address, telephone number, Social Security and driver's license number of each person employed by the business, whether full-time or part-time, including, but not limited to, any independent contractors, and fully describe their job duties or work responsibilities prior to final inspection or issuance of temporary or final certificate of occupancy and on an annual basis.

Hours of operation. The business shall not operate between the hours of 11:00 p.m. and 8:00 a.m. All customers, patrons and visitors shall be excluded from the business between these hours. Extended business hours may be considered through a conditional use permit based on the business operations, location, and proximity to residences and other sensitive uses.

Indoor operation only. All business-related activities shall be conducted wholly within a building. Outdoor seating, operating outdoor barbeques or braziers, and/or lighting coals outdoors shall not be permitted.

Parking. Parking shall be provided at 17 spaces per 1,000 square feet of gross floor area.

Occupancy. The number of individuals inside the premises shall not exceed the lesser of: (i) The occupancy limit established by the fire department and/or building official; or (ii) An occupancy limit established as a condition of the permit.

Admission charges prohibited. No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.

Entertainment prohibited. No entertainment, as defined by Title 9, Chapter II, Article 11 of the Costa Mesa Municipal Code, shall be permitted within the business.

Security. Uniformed security guard(s) shall be provided, as deemed necessary by the chief of police or his/her designee.

Alcoholic beverages prohibited. No alcoholic beverages shall be sold or consumed on the business premises. The business shall not knowingly allow any person in possession of an open container of alcohol, or, consuming, using or under the influence of, any alcoholic beverage to enter or remain upon the premises of the business.

Visibility. No window coverings, advertising devices, or signage shall prevent visibility of the interior of the establishment from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the chief of police or his/her designee.

Illumination. The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.

Ventilation required. Adequate ventilation shall be provided in accordance with all requirements imposed by the building official and fire department, or as otherwise required by state or federal laws. At a minimum, the ventilation system shall also assure that smoke from the establishment is incapable of migrating into adjacent tenant buildings/suites or outdoors. Smoking lounges that include the indoor heating of coals shall install a mechanical exhaust hood system to provide required ventilation.

Noise. Any amplified noise generated by the business shall be subject to the noise limitations specified in Title 13, Chapter XIII (Noise Control) of Costa Mesa Municipal Code. In addition, the business shall not willfully make or continue, or cause to be made or continued, any excessive or unreasonable noise, which disturbs the peace or quiet of any property within the city or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.

Nothing in this article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act of 1996.

All the provisions of this article shall apply to all property, public and private, within the city.

All the provisions of this article shall apply indoors and outdoors.

Marijuana and/or medical marijuana cultivation by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zone districts within the City of Costa Mesa except as provided in subsection (b) of this section.

The prohibition set forth in subsection (a) of this section shall not apply to indoor cultivation of up to six plants per private residence, as authorized by state law solely for personal adult use or personal medical marijuana use that occurs within a private residence occupied exclusively by natural persons age 21 or older, or inside a fully enclosed and secure lawfully existing accessory structure to a private residence located upon the grounds of a private residence, and that is conducted in full compliance with Health and Safety Code section 11362.2.

Nothing in this article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act of 1996.

All the provisions of this article shall apply to all property, public and private, within the city.

All the provisions of this article shall apply indoors and outdoors.

Unless otherwise provided herein or in this title, the terms used in this article shall have the meaning ascribed to them in Title 9, Chapter VI of this Code.

Cannabis distribution, manufacturing, research and development and testing is prohibited in all zone districts within the city, except for those portions of the manufacturing park (MP) and planned development industrial (PDI) zones that are located both north of South Coast Drive and west of Harbor Boulevard, excluding any portion of the South Coast Collection (the "Green Zone").

A conditional use permit shall be required and may be issued to allow the location of any business engaged in the distribution, manufacturing, researching and developing, or testing of cannabis in the MP or PDI zones pursuant to subsection (a) of this section, subject to the following conditions:

No person shall engage in any use set forth in this article unless that use is specifically authorized by Chapter VI of Title 9 of this Code.

Cannabis retail storefront uses are prohibited in all zone districts within the city, except for the commercial zone districts.

Cannabis retail non-storefront uses are prohibited in all zone districts within the city, except for the commercial zone districts and within the Green Zone.

The following planning application shall be required for cannabis retail uses:

A conditional use permit may be issued to allow the location of a retail cannabis use pursuant to subsections (a) and (b) of this section, subject to the following conditions:

Retail storefront uses shall be subject to the following development standards in addition to those contained in Chapter VI of Title 9:

Non-storefront uses shall be subject to the following development standards in addition to those contained in Chapter VI of Title 9:

Except as specifically authorized in this article, all other cannabis retail uses such as, but not limited to, lounges and cafes are expressly prohibited in the city.

No person shall engage in any use set forth in this article unless that use is specifically authorized by Chapter VI of Title 9 of this Code.

Any cannabis use, including, but not limited to, those involving sale, delivery and/or dispensing, that is not permitted, licensed and otherwise in full compliance with all applicable provisions of this Code and state and local law, shall not be considered a legally non-conforming use pursuant to, and notwithstanding any contrary provisions of, Chapter IX of this title.

Give the voters of Costa Mesa the power to determine whether Costa Mesa should allow major changes in allowable land use, as defined below, by requiring voter approval of any such proposed change and thereby ensuring maximum public participation in major land use and zoning changes proposed in Costa Mesa;

Ensure that the voters of Costa Mesa receive all necessary and accurate environmental information on proposals for major changes in allowable land use, so that they shall intelligently vote on any such proposal;

Ensure that Costa Mesa officials provide timely, accurate and unbiased environmental review of all proposals for major changes in allowable land use, so that they may minimize or mitigate their adverse traffic and land use impacts and maximize neighborhood compatibility before the voters decide on any such change;

Ensure that all elements of the land use change approved by the voters are implemented; and

Protect the public health, safety and welfare, and the quality of life, for all persons living or working or visiting in Costa Mesa.

This article shall be binding and effective as of the earliest date allowed by law (the "effective date"). At its first public meeting following completion of the canvass of votes, the Costa Mesa City Council shall pass the resolution required by Elections Code section 9266. The following day, the elections official of Costa Mesa shall cause a copy of the complete text of the adopted measure to be filed with the Secretary of State pursuant to Government Code Sections 34459 and 34460.

Pursuant to Elections Code section 9205, all major changes in allowable land use approved by the Costa Mesa City Council on or after the date of publication of the notice of intention to circulate the initiative petition adding this article to the City Municipal Code, shall be subject to the provisions of this article.

Each major change in allowable land use shall be put to a vote of the Costa Mesa electorate; provided, however, that no such change shall be submitted to the Costa Mesa electorate unless the Costa Mesa City Council has first approved the change pursuant to all state and local laws applicable to approval of land use changes by the legislative body. A major change in allowable land use shall become effective only after approval by the Costa Mesa City Council and a majority of the Costa Mesa electorate voting "YES" on a ballot measure proposing such change at either a regular or special municipal election. An advisory election does not satisfy the voter approval requirement.

The sample ballot materials mailed to the registered voters of Costa Mesa prior to an election shall describe any major change in allowable land use in a manner that clearly discloses both the scope and main features of the proposal (including any and all phases) that the major change in allowable land use consists of or depends on, and the location and the acreage of the project site. The description shall include the text of any proposed amendment to the General Plan, to Costa Mesa's zoning ordinance or of any proposed adoption or repeal of, or amendment to, a specific plan. The description shall clearly compare the proposal and its traffic impacts both to the as-built condition and to existing applicable land use designations and zoning classifications, providing accurate comparative data concerning existing as well as proposed densities (in units per acre) and intensities of use (in square footage, types of use and traffic impacts). If a site-specific development is proposed in connection with a major change in allowable land use, and existing densities or intensities of use in such site-specific development are less than the densities or intensities the major change in allowable land use proposes, the text of the ballot shall clearly disclose the maximum total residential, commercial, industrial or other nonresidential build-out potential, and traffic impacts under build-out, compared to the as-built condition. Easily readable maps shall be used to assist the voters in the proposal description. All of the information called for by this subsection shall be posted on Costa Mesa's website no later than 10 days prior to the Costa Mesa City Council's action on a major change in allowable land use, and such information shall be updated no later than two business days following the Costa Mesa City Council's action.

For all major changes in allowable land use approved by the Costa Mesa City Council on or after the effective date of the ordinance codified in this article, the resulting election required by this article shall be set for the first regular municipal election following City Council approval of the major change in allowable land use; or, by mutual agreement with the proponent, the Costa Mesa City Council may call a special municipal election, with the cost of the special election borne solely by the proponent.

The popular vote required by this article shall be in addition to all other applicable review and approval requirements for such major change in allowable land use, including environmental review in compliance with the California Environmental Quality Act ("CEQA").

All subsequent City permits and approvals necessary to implement all or part of a major change in allowable land use shall conform to the voter-approved change. Under no circumstances shall any subsequent permit or approval authorize, allow or otherwise accommodate higher densities, intensities of use, or trip generation than the densities, intensities and trip generation approved by the Costa Mesa City Council and the voters.

No certificate of occupancy for any structure built as part of a proposal that depends on a major change in allowable land use shall be issued until:

Except as provided in section 13-2300.105(b), any permits or approvals issued without voter approval, where such voter approval is required under this article, shall be null and void.

To carry out the purposes of this article, any application for a major change in allowable land use shall contain accurate and up-to-date factual data and information, and the subsequent written City review shall include the following (in addition to all other disclosures required under CEQA and Title 13 of the Costa Mesa Municipal Code):

A complete, objective analysis of the traffic circulation and traffic safety impacts of the proposal that consists of, or depends on, the major change in allowable land use. The traffic analysis shall be prepared directly by, or under direct contract to, the city, and shall make accurate determinations for the purposes of section 13-200.102, subdivision (k)(1), above. ICU and LOS impact analysis shall be provided for all corridors and intersections subject to any significant impacts due to the major change in allowable land use. LOS analyses shall use current best practices described in the current Highway Capacity Manual published by the Transportation Research Board, a division of the National Research Council. The traffic analysis shall adequately disclose the direct, the indirect or secondary, and the cumulative impacts of the proposal accounting for all relevant factors, such as proportion of heavy weight vehicular traffic, bus stops, intersection and corridor oversaturation (downstream traffic queuing impacts), pedestrian traffic, side street and driveway entrances and exits, ingress stacking and overflowing, and turn lane queuing and overflow. The traffic analysis also shall identify the mitigations necessary or recommended to reduce the traffic impacts to an ICU below 0.90 or LOS D or better for the corridors and intersections subject to this analysis. The location, nature and adverse construction-phase impacts of the traffic impact mitigations shall be clearly described.

To reduce delay for proponents, the city's decision-making bodies may review and conditionally approve discretionary permit applications required for a proposal prior to the Costa Mesa electorate's vote on a major change in allowable land use on which such proposal depends; provided, however, that no conditional permit approval will become effective unless the related major change in allowable land use is passed by the voters and has itself become effective. If the related major change in allowable land use is rejected by the voters, such change and all conditional permits shall have no force and effect.

This article shall not apply to any major change in allowable land use that is limited to allowing the development of a public school or a hospital.

This article shall not preclude completion of a site-specific development that depends on a major change in allowable land use approved before the effective date of the ordinance codified in this article, if before such date, the holder of any permit or other entitlement for use for such development has lawfully and in-good faith acquired a vested right, under state law, to carry out the development to completion.

The provisions of this article shall not apply to the extent that they would violate state or federal laws.

This article shall not be applied in a manner that would result in an unconstitutional taking of private property.

The provisions of this article shall not apply to affordable housing proposals required by state or federal law, or to any housing or mixed used development proposals located in the areas listed in subsection (g) as depicted in Figure 13-200.106 that comply with a city council-adopted affordable housing ordinance(s) or city council-approved development agreement.

This article shall not apply to any major change in allowable land use of property with legal nonconforming residential units that were occupied on the date of publication, pursuant to Elections Code section 9205, of the notice of intention to circulate the initiative petition adding this article to the Municipal Code, so long as the proposed change in allowable land use meets all the following conditions:

This article shall not apply to any amendment, change, or replacement of the general plan, or of Costa Mesa's zoning ordinance (as defined and contained in Title 13 of the Costa Mesa Municipal Code) or any specific plan or overlay plan, or adoption of a new specific plan or overlay plan, applicable to property located in the following areas, as depicted in Figure 13-200.106, to provide for the development of housing and/or mixed use and/or revitalization of existing commercial and/or industrial corridors therein: