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Costa Mesa, CA Building Safety: Lead Paint (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Sec. 13-42.3(c)(2)
Applies to
Small lot subdivisions, 15 lots or fewer
Trigger
Before sales agreement signed
Disclosure items
14, including lead paint & asbestos
Reviewing body
Planning division
Scope
New construction disclosure, not resales

Summary

Costa Mesa developers building small lot subdivisions must disclose lead-based paint and other construction hazards to future homebuyers before a sales agreement is signed, under Municipal Code Sec. 13-42.3(c). The rule sits within a broader buyer-disclosure list covering insulation, soils, schools, and resale restrictions.

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: The type, thickness, and R-value of the insulation that has been installed in the home. Any exposed hazards during and after construction (lead-based paint, asbestos, etc.). Uses other than residential in proximity to the project.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4894290; v9 updated 2025-11-18).

Full Breakdown

Sec. 3 governs development standards for new residential small lot subdivisions of 15 lots or fewer in multi-family zones. Subsection (c)(2) requires that, prior to entering into a sales agreement for any property within a small lot subdivision, the developer disclose general information regarding the property to future homebuyers, including a list of 14 specific items. ),' placed alongside disclosures of insulation type and R-value (item a), nearby non-residential uses (item c), unusual adjacent zoning (item d), proximity to an airport within two miles (item e), soils and fill conditions exceeding two feet (items f and h), servicing schools (item i), flooding conditions (item j), city conditions of approval and resale restrictions (item k), easements (item l), phasing plans (item m), and CC&Rs (item n).

This disclosure duty is narrower than a citywide lead-paint ordinance: it attaches only to small lot subdivision sales, not to resales of existing housing generally, which remain governed by state and federal disclosure law. The planning division reviews project approval documents under Sec. 3(c)(1), and a homeowners' or maintenance association covenant must be recorded under Sec. 3(c)(3) before any unit sells, giving the city a mechanism, through project approval conditions, to confirm the disclosure obligation was built into the transaction documents before lots change hands.

Violations & Fines

Selling, leasing, or conveying a lot in a small lot subdivision without complying with the article's provisions, including the buyer disclosure requirement, is prohibited under Sec. 13-40(b) and is enforceable under Sec. 1-33 as an infraction (escalating fines to $500) or a misdemeanor (up to $1,000 fine and six months in jail).

Frequently Asked Questions

Does Costa Mesa require lead paint disclosure for small lot subdivision homes?
Yes. Sec. 13-42.3(c)(2)(b) requires the developer to disclose any exposed hazards during and after construction, including lead-based paint and asbestos, to future homebuyers before they sign a sales agreement.
Does this disclosure rule apply to all home sales in Costa Mesa?
No. It applies specifically to new residential small lot subdivisions of 15 lots or fewer under Sec. 13-42.3. General resale housing disclosures are governed separately by state and federal law, not this municipal code section.
What other items must a small lot subdivision developer disclose besides lead paint?
Sec. 13-42.3(c)(2) lists 14 items, including insulation type and R-value, nearby non-residential uses, unusual zoning, airport proximity, soil and fill conditions, servicing schools, flooding history, and city resale restrictions.

Sources & Official References

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