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Planning Commission recommends ordinance to allow ministerial approval for two‑unit small‑lot projects, commissioners split 5–2
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Summary
The commission voted to recommend a zoning code amendment to allow ministerial processing of two‑unit small‑lot ordinance projects (PCTY‑25‑0007), aligning some multifamily parcels with SB 9‑style ministerial pathways; motion carried 5–2 with Vice Chair Zick and Commissioner Dixon opposed.
The Costa Mesa Planning Commission voted Monday to recommend that the City Council amend Title 13 of the municipal code to allow ministerial approval for qualifying two‑unit small‑lot ordinance projects and to exempt certain qualifying two‑unit projects from design review.
Senior planner Chris Yager (Yager) told commissioners the proposed amendment (PCTY‑25‑0007) would add a ministerial pathway for two‑unit small‑lot projects and align processing with SB 9 ministerial provisions in single‑family (R1) districts. "This would provide consistency with multifamily zones, with the current R1 subdivisions that can happen because of SB 9," Yager said, explaining staff is recommending a checklist and objective standards to ensure ministerial approvals remain objective and non‑discretionary.
Staff said the proposal would apply the city's Mixed Use Overlay District (MUOD) to Measure K sites and would include targeted amendments to specific plans where necessary; staff also noted the intent to streamline review and reduce processing time. Yager told the commission that ministerial approvals would not generally include public notice or public hearing and that appeals of purely ministerial actions typically are not available under state law.
The proposal prompted a split among commissioners. Vice Chair Zick and Commissioner Dixon opposed the change, arguing that removing public hearings, notices, and appeal rights would exclude neighbors and reduce transparency. Vice Chair Zick said he saw the change as duplicating SB 9 and criticized removing opportunities for public review. Commissioner Dixon voiced similar concerns about cutting the public out of decisions affecting adjacent properties. Supporters said the change would speed housing production and create parity across zones; Commissioner Martinez, who moved the recommendation, and others said the measure would make the city's process more predictable for applicants.
Commissioner Martinez moved that the Planning Commission find the amendment exempt from CEQA under the applicable guideline and recommend that City Council adopt the ordinance; the motion carried 5–2, with Vice Chair Zick and Commissioner Dixon voting no.
Staff said that if the Planning Commission either recommended against the amendment or took no action, staff would still transmit the commission's discussion to the City Council; if adopted by council the change would allow ministerial processing for qualifying two‑unit small‑lot projects. Staff also said fee reductions would require a separate City Council action.
The planning commission's recommendation will be forwarded to the City Council for consideration and possible adoption of the zoning code amendment.
