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City May Tighten Living Space Limits : COSTA MESA

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The city is considering cutting by half the number of people allowed to live in a home under current housing occupancy limits, which some residents say permit overcrowding.

The proposal would require 150 square feet of living space--rooms other than a kitchen, bathroom, hallway or closet--for the first two residents of a house or apartment, and an additional 100 square feet for each person thereafter. The state standard is 75 square feet of living space for the first two residents and 50 square feet for every person after that.

City code now allows up to 12 people to occupy a 600-square-foot house. Residents have complained to the City Council that the code has resulted in overcrowded homes in their neighborhoods.

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“There are many reasons for this” change, said Tony C’De Baca, assistant development services director. “Obviously, we have a health and safety concern. With too many people living in an area that has insufficient facilities, such as washing and bathing facilities, we will run into situations where people will urinate or defecate in a public area because they do not have enough facilities available.”

The city has received complaints from about five people in the past year about overcrowded homes in their neighborhood, C’De Baca said, adding that owners, not tenants, are responsible for allowing too many people to live in a house. Violations are considered misdemeanors.

The change would be made to the state Uniform Building Code, but the city will not have to receive state approval for the changes, C’De Baca said. The amendments, however, must be filed with the state.

In addition to the occupancy limits, the city is considering other changes in the building code, including an amendment that would require a fence separating swimming pools from houses. The code requires a 5-foot-high fence around the perimeter of a yard that has a pool but not one directly surrounding a pool.

The council will consider the proposed changes on Aug. 19.

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