Agenda packet — Costa Mesa City Council, November 1, 2022

City of Costa Mesa

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, November 1, 2022
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.

You may participate via the following options:

1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are feeling ill, or if you've been exposed to someone with COVID-19, you may still participate in the meeting via Zoom.

2. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

Page 1 of 9 ends

1 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022

3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

5. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

Page 2 of 9 ends

2 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling (714) 754-5225 at least 48 hours in advance.

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II]. Servicios de traducción de idioma están disponibles para esta junta llamando al (714) 754-5225 por lo mínimo 48 horas de anticipación.

Page 3 of 9 ends

3 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA).

Page 4 of 9 ends

4 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
NOVEMBER 1, 2022 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3

JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Mr. Jimmy Vivar

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
Pastor Phil Eyskens, Lighthouse Church

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Proclamation: 2022 National Native American Heritage Month 22-927

1. Proclamation: Native American Heritage MonthAttachments:

Page 5 of 9 ends

5 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022

2. Proclamation: 2022 Veterans Day 22-928

1. Proclamation: Veterans DayAttachments:

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.

Comments on Consent Calendar items may also be heard at this time.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Gameros

2. Council Member Harlan

3. Council Member Harper

4. Council Member Reynolds

5. Council Member Chavez

6. Mayor Pro Tem Marr

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-7)
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
22-911
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

Page 6 of 9 ends

6 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022

2. READING FOLDER 22-912
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Mercury Insurance Company, Abel Cirio Diaz, Fernanda Gomes Da Silva, Keith Riggert.

3. ADOPTION OF WARRANT RESOLUTION 22-921
RECOMMENDATION:

City Council approve Warrant Resolution No. 2689.

1. Summary Check Register week of 10-10-22

2. Summary Check Register week of 10-17-22
Attachments:

4. MINUTES 22-913
RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of October 18, 2022.

1. 10-18-2022 Draft MinutesAttachments:

5. EXTENSION OF RESOLUTION NO. 2022-62 TO ALLOW MEMBERS

OF THE CITY COUNCIL, COMMISSIONS AND COMMITTEES TO

PARTICIPATE IN THE MEETINGS REMOTELY, AS NEEDED, DUE TO

HEALTH AND SAFETY CONCERNS FOR THE MEMBERS AND THE
PUBLIC PURSUANT TO ASSEMBLY BILL 361
22-916
RECOMMENDATION:

Staff recommends the City Council extend Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City ’s legislative bodies to meet safely in person; and

2. Federal, State and /or local officials continue to impose or recommend measures to promote social distancing.

1. Resolution No. 2022-62Attachments:

Page 7 of 9 ends

7 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022

6. ACCEPTANCE OF THE NEW TRAFFIC SIGNAL AT BAKER STREET AND RANDOLPH AVENUE PROJECT, CITY PROJECT NO. 21-01
22-905
RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by PTM General Engineering Services, Inc . (PTM) for the New Traffic Signal at Baker Street and Randolph Avenue Project, City Project No. 21-01, and authorize the City Clerk to file the Notice of Completion.

2. Authorize the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.

1. Final CostsAttachments:

7. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING TITLE 5, BUILDINGS AND CONSTRUCTION AND TITLE 7, FIRE

PROTECTION AND PREVENTION, OF THE COSTA MESA
MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, AS LOCALLY

AMENDED, AND THE ORANGE COUNTY GRADING AND

EXCAVATION CODE
22-915
RECOMMENDATION:

Staff recommends the City Council give second reading to and adopt Ordinance 2022-XX, which amends Title 5, Buildings and Construction, and Title 7, Fire Protection and Prevention, of the Costa Mesa Municipal Code to adopt the 2022 Edition of the California Building Standards Code, as locally amended, and the current edition of the Orange County Grading and Excavation Code.

1. Ordinance

2. Red line changes from 10.18.22
Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------

Page 8 of 9 ends

8 REGULAR CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND

HOUSING AUTHORITY
Agenda November 1, 2022
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. EXTENSION OF URGENCY ORDINANCE 2020-15 SUSPENDING

CERTAIN PERMIT REQUIREMENTS AND DEVELOPMENT
STANDARDS FOR OUTDOOR ACTIVITIES DUE TO THE COVID- 19

PANDEMIC
22-914
RECOMMENDATION:

Staff recommends the City Council:

1. Extend Urgency Ordinance 2020-15 for six months to expire on June 30, 2023.

2. Provide direction to prepare a Code amendment to modify development standards and streamline the approval process for outdoor dining in Costa Mesa.

1. Ordinance

2. Temporary Use Permit Map

3. Other Cities Outdoor Dining Programs
Attachments:

OLD BUSINESS: NONE.

NEW BUSINESS: NONE.

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

Page 9 of 9 ends

9 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-927 Meeting Date: 11/1/2022
TITLE:

Proclamation: National Native American Heritage Month
DEPARTMENT: City Manager’s Office

Page 1 of 1 ends

10 WHEREAS, during National Native American Heritage Month , we celebrate the rich tapestry of Indigenous peoples and honor their sacrifices, which we recognize as inextricably woven into the history of this country; and WHEREAS, in 1990, President George H.W. Bush approved a joint resolution designating November 1990 “National American Indian Heritage Month; and WHEREAS, Native Americans are des cendants of the original indigenous inhabitants of what is now the United States; and
WHEREAS, Native Americans have moving stories of tragedy, triumph, and perseverance that need to be shared with future generations; and WHEREAS, the people indigenous to the area currently known as the City of Costa Mesa were part of a group of American Natives who crossed over the western mountain range from the “Great Basin” of Nevada, Utah, and Western Oregon; and
WHEREAS, Costa Mesa’s first inhabitants were the Tongva Native Americans who settled on the mesa near the banks of the Santa Ana River; and WHEREAS, artifacts found on the mesa indicate that this site was a part of the village the Tongva people knew as Lukup; and
WHEREAS, as “Keepers of Mother Earth,” t he Tongva Native Americans considered themselves stewards of the environment and were hunter -gatherers and dependent on their surroundings, using what was readily available in nature for food, clothing, and shelter; and
WHEREAS, today, the descendants of the indigenous people of this area still live throughout Orange County; and
WHEREAS, during the month of November, the City of Costa Mesa honors our native people and recognizes their continued contributions to strengthening the diversity of our society.

11 NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby p roclaim November 2022 as Native American Heritage Month and encourage all residents to learn more about the Native Americans who first called this City home and work with leaders for a greater future for all Costa Mesans.

PRESENTED this 1st day of November 2022.

_____________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
12 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-928 Meeting Date: 11/1/2022
TITLE:

Proclamation: 2022 Veterans Day
DEPARTMENT: City Manager’s Office

Page 1 of 1 ends

13 WHEREAS, the greatest acknowledgment of our freedom is to honor our armed forces veterans who have sacrificed and, in many instances, paid the ultimate price for our freedom; and WHEREAS, in 1954, Congress formally created Veterans Day to pay tribute to all American Veterans, renaming Armistice Day, which had been celebrated as a legal federal holiday since 1938; and WHEREAS, President Dwight D. Eisenhower was the first president to issue a proclamation on October 8, 1954, to observe the holiday on November 11, 1954; and WHEREAS, the diversity of veterans is a tremendous strength that makes our Armed Forces stronger and more vibrant. Many people throughout our country’s history have served as veterans, including women, people of color, immigrants, people who identify with all sexual orientations and gender identities, people with disabilities, and other brave individuals; and WHEREAS, our veterans are brave and selfless individuals w ho, when duty called, willingly put themselves in harm's way to defend the lives and liberty of others; and WHEREAS, both men and women of our armed forces continue to be an inspiration to all of us through their demonstration of courage, leadership, and commitment in service to our community and country; and
WHEREAS, local organizations, such as Team Red, White & Blue , enrich veterans’ lives by providing community as they transition into their civilian lives; and WHEREAS, Team Red, White, and Blue’s emphasis is prioritizing physical activity, promoting healthy activity, and giving veterans a sense of belonging with real-life and virtual opportunities for camaraderie; and
WHEREAS, residents of Costa Mesa, along with millions of other Americans, can attest to the importance of their sacrifices and contributions to our freedom and security; and WHEREAS, the City of Costa Mesa will always remember and pay homage to our military community, both active and inactive, for their contribution, de dication, and commitment to the one cause of our freedom.

NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim November 11, 2022, as Veterans Day in the City of Costa Mesa. The City of Costa Mesa proudly joins the rest of our nation to salute and give special honor and recognition to the men and women who served us in our armed forces. I encourage all residents in our City to acknowledge and honor the contributions of our veterans to the principles of democracy, individual freedom, and human rights.

DATED this 1st day of November 2022.

______________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa 14
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-911 Meeting Date: 11/1/2022
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

Page 1 of 1 ends

15 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-912 Meeting Date: 11/1/2022
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Mercury Insurance Company, Abel Cirio Diaz, Fernanda Gomes Da Silva, Keith Riggert.

Page 1 of 1 ends

16 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-921 Meeting Date: 11/1/2022
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:

City Council approve Warrant Resolution No. 2689.

BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 22-21 On Cycle for $ 3,052,412.79; 22 and City operating expenses for $ 1,633,603.12.

Page 1 of 1 ends

17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-913 Meeting Date: 11/1/2022
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of October 18, 2022.

Page 1 of 1 ends

54 Minutes – Regular Meeting – October 18, 2022 Page 1 of 8

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
OCTOBER 18, 2022 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:02 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr (Arrived 5:18 p.m.), and Mayor Stephens.

Absent: Council Member Gameros and Council Member Harper.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

City Council recessed at 4:04 p.m. for Closed Session.

Closed Session adjourned at 5:57 p.m.

CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:05 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
The National Anthem was led by St. John the Baptist Clover Choir and the Pledge of Allegiance was led by Mayor Stephens.

MOMENT OF SOLEMN EXPRESSION
Led by Rev. Dr. George Okusi, St. John the Divine Episcopal Church. 55 Minutes – Regular Meeting – October 18, 2022 Page 2 of 8

ROLL CALL

Present: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Absent: Council Member Gameros and Council Member Harper.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

Council Member Reynolds presented the Walktober Month proclamation to Brett Atencio Thomas, Active Transportation Coordinator.

Mayor Stephens presented the Domestic Violence Awareness Month proclamation to Arezoo Shahbazi Roa, Prevention Education & Marketing Manager at Human Options, Inc.

Mayor Stephens presented the Crime Prevention Month proclamation to Captain Bakkila, Public Affairs Manager Roxi Fyad, and Crime Prevention Specialist Jenette Martinez.

Mr. Sean McReynolds, Townsend Public Affairs, provided an update on State Legislation.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin thanked Captain Bakkila for providing newspapers to her, and requested the Police Department to issue more traffic citations.

Mr. Vivar thanked the City Council for the Walktober proclamation, and spoke on scam artists in the community and for residents to be aware.

Jenn Tanaka spoke on the City Housing Element being out of compliance, and spoke in support of Measure K.

Speaker, commented on the state legislation presentation, building and development, increased rents, spoke on the need for investing in community programs and after school programs, and to provide supplies.

Russell Toler requested more police enforcement on the streets, requested police on bikes by the schools, spoke in support of Measure K, spoke on the process for approving development projects, traffic, and zoning reforms.

Becca Walls spoke on problems regarding the Newport Center Animal Hospital, lack of access to records, lack of services for animals, lack of oversight, and requested a new Request for Proposals for the contract.

Jay Humphrey spoke on the grants received for parks, expressed concern that the Parks and Community Services Commission and Fairview Park Steering Committee were not consulted, spoke on receiving citizens input, and spoke on Measure Y and against Measure K.

Ralph Taboada spoke on the grant received for parks, spoke on the Parks and Community Services Commission being involved to determine the projects, and having residents involved in the process.

Speaker, spoke on rising costs of rents and the need for affordable housing. 56 Minutes – Regular Meeting – October 18, 2022 Page 3 of 8 Rick Huffman spoke on traffic issues on Paularino, that drivers have damaged walls, and suggested traffic calming measures, especially around schools.

Matt Garcia, President of Harbor Soaring Society, thanked the City for the Scarecrow Festival, spoke on Harbor Soaring Society involvement with STEM and STEAM activities at schools.

Speaker, spoke in sympathy for the Ukrainians, spoke on the current council and the promises they made, spoke against Measure K, and spoke on preserving Measure Y.

Speaker, requested an update on the Housing Element and it being out of compliance, spoke on having an alternative plan, spoke on transparency, and spoke on adopting an ethics policy.

Speaker, spoke in support of Measure K, spoke on problems and accidents associated with drunk drivers, spoke on safe public spaces, and on preventative measures.

Wendy Leece, spoke on transparency, the parks grants and requested a study session on the distribution of the funds, requested the Fairview Park funds be reviewed by the Fairview Park Steering Committee, stated opposed to Measure K, and spoke on the State taking away local control.

Hank Castignetti, Orange County Model Engineers, spoke on the train rides at the Scarecrow Festival, spoke on the October 25 th Orange County Model Engineers bridge dedicating ceremony, the Orange County Model Engineers have a new website, the Toys for Tots drive and partnering with Goat Hill Lions Club on October 19th and 20th.

Speaker, spoke on the Parks and Animal Committees and lack of transparency, spoke on complaints against Newport Center Animal Hospital and requested a new Request for Proposals for the contract, spoke against Measure K and lack of planning, spoke on State Legislation, and on citizen engagement.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez spoke on scams and to call the police, spoke on maintenance issues on Charle Street, requested an update on permit parking, requested graffiti clean-up on Shalimar Street, spoke on speeding on Wallace Street, spoke on street sweeping hours and citations, spoke on President Biden’s visit, spoke on inflation and increased rents, rent control, and requested a resolution supporting Human Rights in Iran.

Council Member Harlan requested a resolution supporting Human Rights in Iran, spoke on the OCMA opening, spoke on a new pedestrian crosswalk at Tustin Ave. and Woodland Place, and thanked Mr. Minter for the new picnic table at Jordan Park.

Council Member Reynolds requested a resolution supporting Human Rights in Iran, requested a webpage on the tree planting program, spoke on the parks grants and how the money can be used and to have discussions during the Open Space Master Plan and Fairview Park Master Plan discussions, requested an Ethics and Code of Conduct policy, spoke on state legislation eliminating bike licenses and how the process started in Costa Mesa, spoke on safe streets, and spoke in support of biking and walking.
57 Minutes – Regular Meeting – October 18, 2022 Page 4 of 8 Mayor Pro Tem Marr clarified rumors regarding Stater Brothers, spoke on Northgate Market opening in October 2023, spoke on parks grants, spoke on scams and sharing information to expose the scams, spoke on the Animal Services Committee, the Flying Museum at Miramar is looking for a new location, encouraged all to visit the Bonnie Matthews cartoon artwork at the Senior Center, and requested staff to look into state legislation on speed limits.

Mayor Stephens spoke on attending the service for Lt. Hildeman, Senator Mins Town Hall at Norma Hertzog Community Center on October 29th, spoke on the Animal Services Committee, park grants and providing more information on the projects and citizen involvement, and requested a resolution supporting Human Rights in Iran.

REPORT – CITY MANAGER – Ms. Farrell Harrison spoke on Code Enforcement Officer Appreciation Week, spoke on OCME bridge dedication on October 25th, Fire and Rescue Open House on October 22nd, Shine the Light event regarding Domestic Violence and walking vigil on Tuesday, October 25 th, spoke on homelessness and provided statistics, spoke on reviewing the Animal Services contracts, and spoke on the park grants and state funding.

REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR (Items 1-7)
MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Gameros and Council Member Harper.

Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.

Motion carried: 5-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk: Jessie Cortez, Cage Cramer, Maria Yolanda Alonso Manero.
58 Minutes – Regular Meeting – October 18, 2022 Page 5 of 8

3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on this item due to campaign contributions received.

ACTION:

City Council approved Warrant Resolution No. 2688.

4. MINUTES
ACTION:

City Council approved the Minutes of the Regular meeting of October 4, 2022.

5. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES ACTION:

City Council approved the October 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

6. ACCEPTANCE OF THE FIRE STATION NO. 3 IMPROVEMENTS AND REPAIRS PROJECT, CITY PROJECT NO. 21-06
ACTION:

1. City Council accepted the work performed by Urban Professional Builders, Inc., 157 El Nido Avenue, Pasadena, CA 91107, for the Fire Station No. 3 Improvements and Repairs Project, City Project No. 21-06, and authorized the City Clerk to file the Notice of Completion.

2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond, if appropriate, at the conclusion of the one-year warranty period.

7. APPROVAL FOR THE PURCHASE OF REPLACEMENT MOBILE DATA

COMPUTERS (MDC)
ACTION:

1. City Council authorized the purchase of replacement Mobile Data Computers (MDC) for the Fire & Rescue Department based on pricing provided through the National Association of State Procurement Officials (NASPO) Value Point Master Agreement No. MNWNC-124 and California’s Participating Addendum #7-15-70-34-023 for $168,331.76, with a 10% contingency ($16,833.18) for unforeseen costs, for a total not-to-exceed amount of $185,164.94.

2. Authorized the City Manager to execute the necessary documents for the purchase of the MDCs and associated hardware from CDCE, Inc., 22641 Old Canal Road, Yorba Linda, California, 92887.

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
---------------------------------------END OF CONSENT CALENDAR----------------------------------------- 59 Minutes – Regular Meeting – October 18, 2022 Page 6 of 8 PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. ORDINANCE AMENDING TITLE 5, BUILDINGS AND CONSTRUCTION AND TITLE 7, FIRE PROTECTION AND PREVENTION, OF THE COSTA MESA MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE, AS LOCALLY AMENDED, AND THE ORANGE COUNTY

GRADING AND EXCAVATION CODE
Presentation by Mr. Doudar, Building Official and Mr. Neal, Fire Marshal.

Mr. Neal noted an amendment to the resolution adding Chapters 57 (CFC), 58 (CFC) and 80 (CFC) by reference on page 4 of the Resolution.

Public Comments:

Marc Vukcevich spoke on building environmental friendly buildings, removing natural gas from homes, proper sound installation, and single staircase reform.

MOVED/SECOND: Council Member Harlan/Council Member Reynolds MOTION: Approve recommended actions.

SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Marr/Council Member Chavez SUBSTITUTE MOTION: Approve recommended actions except to not change the State recommendations in Section 1207.4.1 Electrical Disconnects.

Discussion ensued on section 1207.4.1 Electrical Disconnects, and the suggested change that the ESS disconnecting means shall be within 36-inches of the main electrical service means.

Council Member Chavez withdrew his second.

SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Marr/Council Member Reynolds SUBSTITUTE MOTION: Approve recommended actions except to not change the State recommendations in Section 1207.4.1 Electrical Disconnects.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, and Mayor Pro Tem Marr.

Nays: Mayor Stephens

Absent: Council Member Gameros and Council Member Harper.

Abstain: None
Motion carried: 4-1
60 Minutes – Regular Meeting – October 18, 2022 Page 7 of 8 ACTION:

1. City Council held a public hearing and adopted Resolution 2022-63 of the City Council of the City of Costa Mesa, California, setting forth findings with respect to local climatic and geographic conditions within the City of Costa Mesa to allow certain local amendments to the California Building Code, California Residential Code, and California Fire Code including adding Chapters 57 (CFC), 58 (CFC) and 80 (CFC) by reference on page 4 of the Resolution.

2. Introduced for first reading Ordinance No. 2022-07, which amends Title 5, Buildings and Construction, and Title 7, Fire Protection and Prevention, of the Costa Mesa Municipal Code to adopt the 2022 Edition of the California Building Standards Code, as locally amended, and the current edition of the Orange County Grading and Excavation Code.

OLD BUSINESS: NONE.

NEW BUSINESS: NONE.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – The Mayor adjourned the meeting at 8:55 p.m. 61 Minutes – Regular Meeting – October 18, 2022 Page 8 of 8 Minutes adopted on this 1st day of November, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
62 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-916 Meeting Date: 11/1/2022
TITLE:

EXTENSION OF RESOLUTION NO. 2022-62 TO ALLOW MEMBERS OF THE CITY COUNCIL,

COMMISSIONS AND COMMITTEES TO PARTICIPATE IN THE MEETINGS REMOTELY, AS

NEEDED, DUE TO HEALTH AND SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC PURSUANT TO ASSEMBLY BILL 361
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:

Staff recommends the City Council extend Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.

BACKGROUND:

Pursuant to AB 361, the City Council will need to declare every 30 days that the City’slegislative bodies and individual members can continue to meet remotely, as needed, in order to ensure the health and safety of the members and the public.

On September 17, 2021 the Governor signed into law AB 361, which allows local legislative bodies to continue to meet remotely, and waive certain posting requirements if:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; and
· Legislative bodies declare the need to meet remotely due to present risks to the health or safety of all attendees.

Page 1 of 2 ends

63 File #: 22-916 Meeting Date: 11/1/2022
ANALYSIS:

The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure the health and safety of the members, public and its employees. Both the California Department of Public Health and the County of Orange Public Health Officer have issued recommendations that members of vulnerable populations (such as older adults and those persons with an elevated risk due to certain medical conditions) continue to practice social distancing. The City cannot ensure social distancing requirements are always met inside the Council Chambers and/or Conference Rooms where the City Council, Commissions, and Committees meet, making it difficult for members of these bodies, City staff, and members of the public to consistently socially distance from each other with absolute certainty.

Staff recommends that the City Council extend the resolution making the required findings that the City Council, Commission and Committee meetings can continue to meet remotely, as needed, pursuant to the requirements of AB 361.

ALTERNATIVES:

City Council may choose not to hold City Council, Commission and Committee meetings remotely via Zoom. The City would then be required to hold all public meetings in-person.

FISCAL REVIEW:

There is no fiscal impact associated with this item.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and approves as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends the City Council extend Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.

Page 2 of 2 ends

64 Attachment 1
65 66
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-905 Meeting Date: 11/1/2022
TITLE:

ACCEPTANCE OF THE NEW TRAFFIC SIGNAL AT BAKER STREET AND RANDOLPH AVENUE PROJECT, CITY PROJECT NO. 21-01
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by PTM General Engineering Services, Inc. (PTM) for the New Traffic Signal at Baker Street and Randolph Avenue Project, City Project No. 21-01, and authorize the City Clerk to file the Notice of Completion.

BACKGROUND:

On July 20, 2021, the City Council awarded a construction contract to PTM General Engineering Services, Inc. (PTM) for the New Traffic Signal at Baker Street and Randolph Avenue Project, City Project No. 21-01.

The scope of the project was the complete construction and installation of a fully functional traffic signal system at the intersection of Baker Street and Randolph Avenue.

Baker Street and Randolph Avenue provide access to the South Bristol Entertainment and Cultural Arts (SoBECA) District. In addition, Baker Street is classified as a major arterial in the City’s Circulation Element of the General Plan and on the Orange County Transportation Authority’s(OCTA) Master Plan of Arterial Highways (MPAH). Furthermore, Baker Street provides access to both SR-55 and SR-73 freeways and carries significant vehicular and pedestrian traffic.

The installation of the new traffic signal will improve current operational issues related to pedestrians, vehicles, bicycles, and turning movements to and from Randolph Avenue and further complements the new roadway surface improvements and newly installed parking facilities along Randolph Avenue. The City also implemented the Leading Pedestrian Interval (LPI) as part of the project. This provides pedestrians crossing Baker Street an advantage by starting the walk cycle a few seconds

Page 1 of 3 ends

67 File #: 22-905 Meeting Date: 11/1/2022
before providing the green signal for vehicles.

ANALYSIS:

The work required by the contract documents was completed on October 17, 2022, to the satisfaction of the City Engineer. The final contract cost amounted to $393,665.89. A report of the final costs is included as Attachment 1.

A summary of the costs is as follows:

Original Contract Amount: $363,036.00
Quantity Adjustments: $ 30,629.89
Final Contract Cost: $393,665.89
The final contract cost reflects an 8.4% increase from the original contract amount. The increase is attributable to unforeseen conditions due to unsuitable street subgrade, relocation of fiber optic cables, and additional striping and markings.

As of this date, there are no Stop Notices filed against the monies due to PTM.

Before
After

ALTERNATIVES
This item is administrative in nature, and there are no alternatives to be considered.

FISCAL REVIEW:

Project 21-01 was funded from the Measure “M2” Fairshare Fund (Fund 416).

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and approved it as to form.

Page 2 of 3 ends

68 File #: 22-905 Meeting Date: 11/1/2022
CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council goals:
· Maintain and Enhance the City’s Facilities, Equipment, and Technology · Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends the City Council:

1. Accept the work performed by PTM General Engineering Services, Inc. (PTM) for the New Traffic Signal at Baker Street and Randolph Avenue Project, City Project No. 21-01, and authorize the City Clerk to file the Notice of Completion.

Page 3 of 3 ends

69 ITEM BID UNIT PREVIOUS QUANTITY TOTAL QUANTITY PREVIOUS AMOUNT TOTAL CONTRACT

NO QUANTITY DESCRIPTION PRICE QUANTITY THIS ESTIMATE TO DATE AMOUNT THIS EST TO DATE PRICE 1 1 LS Mobilization $4,200.00 73.00 % 27.00 % 100.00 % $3,066.00 $1,134.00 $4,200.00 $4,200.00 2 1 LS Traffic Control $8,636.00 73.00 % 27.00 % 100.00 % $6,304.28 $2,331.72 $8,636.00 $8,636.00 3 1 LS Furnish and install New Traffic Signal (Baker St. at Randolph Ave.) $296,000.00 90.00 % 10.00 % 100.00 % $266,400.00 $29,600.00 $296,000.00 $296,000.00 4 1 LS Signing and Striping $12,000.00 0.00 % 100.00 % 100.00 % $0.00 $12,000.00 $12,000.00 $12,000.00 5 1 LS Curb Ramp Modifications (includes any and all reconstruction work to adjoining asphalt slot pave, sidewalk, curb and gutter, etc.)
$35,200.00 100.00 % 0.00 % 100.00 % $35,200.00 $0.00 $35,200.00 $35,200.00 6 1 LS Traffic Signal Interconnect $7,000.00 50.00 % 50.00 % 100.00 % $3,500.00 $3,500.00 $7,000.00 $7,000.00 CCO 1 1 LS Extra Cost to Remove Thick Street Subgrade $4,492.71 100.00 % 0.00 % 100.00 % $4,492.71 $0.00 $4,492.71 $4,492.71 CCO 2 1 LS Replacement of Extra Curb Ramp $7,500.00 100.00 % 0.00 % 100.00 % $7,500.00 $0.00 $7,500.00 $7,500.00 CCO 3 1 LS Additional Work Due to A.C. Thickness NS of Baker St. $3,133.19 100.00 % 0.00 % 100.00 % $3,133.19 $0.00 $3,133.19 $3,133.19 CCO 4 1 LS Addition Cost due to SCE Tie-In Remobilization $2,440.16 100.00 % 0.00 % 100.00 % $2,440.16 $0.00 $2,440.16 $2,440.16 CCO 5 1 LS Revised Striping Adder for Continental Crosswalk $1,275.18 0.00 % 100.00 % 100.00 % $0.00 $1,275.18 $1,275.18 $1,275.18 CCO 6 1 LS Credit for Paving & Grinding ($2,527.20) 0.00 % 100.00 % 100.00 % $0.00 ($2,527.20) ($2,527.20) ($2,527.20) CCO 7 0.5 LS Additional Work Due to Unsuitable Materials $6,274.30 0.00 % 100.00 % 100.00 % $0.00 $3,137.15 $3,137.15 $3,137.15 CCO 8 1 LS Relocation of Fiber Optic Conduit and Cable $11,178.70 0.00 % 100.00 % 100.00 % $0.00 $11,178.70 $11,178.70 $11,178.70 $332,036.34 $61,629.55 $393,665.89 $393,665.89
FINAL COSTS FOR NEW TRAFFIC SIGNAL AT BAKER STREET AND RANDOLPH AVENUE PROJECT, CITY PROJECT NO. 21-01

TOTAL ORIGINAL CONTRACT
ATTACHMENT 1
70 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-915 Meeting Date: 11/1/2022
TITLE:

SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING TITLE 5, BUILDINGS AND CONSTRUCTION AND TITLE 7, FIRE PROTECTION AND PREVENTION, OF THE COSTA MESA MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE, AS LOCALLY AMENDED, AND THE ORANGE COUNTY GRADING AND

EXCAVATION CODE
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/

BUILDING DIVISION
PRESENTED BY: ZIAD DOUDAR, BUILDING OFFICIAL AND JON NEAL, FIRE

MARSHAL
CONTACT INFORMATION: ZIAD DOUDAR, (714) 754-5604
RECOMMENDATION:

BACKGROUND:

The State’sHealth and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three years. The California Code of Regulations, Title 24, with the 2022 Editions of the California Building Standards Code incorporating the below-listed model codes, becomes effective on January 1, 2023. The City regularly adopts these State codes, as amended, every three years.

ANALYSIS:

Staff has prepared an Ordinance adopting the 2022 Edition of the California Building Standards Code, with various amendments as described in this staff report, and repealing references to the prior editions of the model codes. The Ordinance also approves the current edition of the Orange County Grading and Excavation Code including any associated supplements.

Staff is recommending adoption of the 2022 Edition of the California Building Standards Code, with local amendments to the following three components:

Page 1 of 3 ends

71 File #: 22-915 Meeting Date: 11/1/2022
· 2022 California Building Code
· 2022 California Residential Code
· 2022 California Fire Code
Such amendments are necessary to ensure that the City’sadopted Building Code standards respond to local climatic and geographic conditions in Costa Mesa. The Ordinance incorporates the necessary amendments to reflect these local conditions.

October 18, 2022 First Reading
A public hearing was held and the draft Resolution and Ordinance were presented to the City Council at its October 18, 2022 regular meeting. After receiving public comments and deliberating, the Council adopted Resolution 2022-XX setting forth findings with respect to local climatic and geographic conditions within the City of Costa Mesa to allow certain local amendments to the California Building Code, California Residential Code, and California Fire Code. The City Council also gave first reading to Ordinance No. 22-XX as recommended by staff, amending Title 5, Buildings and Construction, and Title 7, Fire Protection and Prevention, of the Costa Mesa Municipal Code to adopt the 2022 Edition of the California Building Standards Code, as locally amended, and the current edition of the Orange County Grading and Excavation Code, with the following modification (refer to Attachment 2):

Title 7, Chapter II, Section 1207.4.1
1207.4.1 Electrical disconnects. Where the ESS disconnecting means is not within sight of the main electrical service disconnecting means, placards or directories shall be installed at the location of the main electrical service disconnecting means indicating the location of stationary storage battery system disconnecting means in accordance with the California Electrical Code.

The ESS disconnecting means shall be within 36-inches of the main electrical service disconnecting means. The ESS disconnecting means shall be labeled “ESS Emergency Stop”.

In addition, the motion for approval included a staff recommended correction to include Chapter 57 (CFC), 58 (CFC) and 80 (CFC) by reference in the Resolution; these Chapter references were included in the Ordinance but inadvertently left out of the Resolution.

The Council approved the Resolution and gave first reading to the Ordinance by a vote of 4-1. The October 18, 2022 staff report and video are available at the following links:

Staff Report:
<https://costamesa.legistar.com/LegislationDetail.aspx?ID=5886148&GUID=DA02CF13-404D-4ACF- B57C-046E30180737>
Video:
<https://costamesa.granicus.com/player/clip/3911?
view_id=14&redirect=true&h=11ed816d9cec9cc0e2f6f39b5876469f>

Page 2 of 3 ends

72 File #: 22-915 Meeting Date: 11/1/2022
The above-referenced modification has been incorporated into Ordinance No. 2022-XX, which is provided as an attachment to this report. If the City Council approves the second reading and adopts the Ordinance, the Ordinance will become effective January 1, 2023.

ALTERNATIVES:

The City Council may adopt the 2022 Edition of the California Building Standards Code with the amendments and the current edition of the Orange County Grading and Excavation Code as recommended by staff, with or without modifications. If the City Council does not adopt the 2022 Codes, then by default the new Building Codes as shown in the California Code of Regulations will take effect on January 1, 2023, without local amendments.

FISCAL REVIEW:

The adoption of the proposed Ordinance will not have any fiscal impact on the City’s budget.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Ordinance as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends the City Council approve the second reading and adopt Ordinance No. 2022-XX, which modifies the Costa Mesa Municipal Code to adopt the 2022 Edition of the California Building Standards Code, as locally amended, and the current edition of the Orange County Grading and Excavation Code for implementation in the City of Costa Mesa. If the City Council approves the Ordinance, it will become effective on January 1, 2023.

Page 3 of 3 ends

73 ATTACHMENT 1

Ordinance No. 2022-xx Page 1 of 31

ORDINANCE NO. 2022-xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 AND TITLE 7 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING

STANDARDS CODE AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO, AND REPEALING THE ADOPTION OF THE 2019

EDITIONS OF THE CALIFORNIA CODES AND AMENDMENTS THERETO, WITH THE EFFECTIVE DATE OF JANUARY 1, 2023

THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:

TITLE 5 BUILDINGS AND STRUCTURES
The following sections of Title 5 of the Costa Mesa Municipal Code are hereby amended to read as follows:
5-1 Construction Codes Adopted.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following construction codes sub ject to the modifications set forth in this Chapter, are hereby adopted. T he California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, i ncluding Chapter 1, Division II. T he California Residential Code, 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council , including Chapter 1, Division II; including Appendix AX Swimming Pool Safety Act. The 2022 California Fire Code based on the 2021 International Fire Code. The 2022 California Green Building Standards Code. The 2022 Existing Building Code, based on the 2021 International Existing Building Code. The 2021 International Swimming Pool & Spa Code . The California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Pl umbing and Mechanical Officials. T he California Mechanical Code, 2022 Edition, based on the 2021 International Mechanical Code as published by the International Association of Plumbing and Mechanical Officials. The California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the N ational Fire 74 Ordinance No. 2022-xx Page 2 of 31

Protection Association. The California Energy Code, 2022 Edition, based on the 2021 International Energy Conservation Code. The International Property Maintenance Code, 2021 Edition, as published by the International Code Council. The Uniform Code for the Abatement of Dangerous Buildings, 2021 Edition, as published by the International Code Council. For the purpose of prescribing regulations for grading and excavation, the 2015 Edition of the Orange County Grading and Excavation Code will be adopted, in addition, to Appendix “J” of the 2022 California Building Code and the more restrictive provisions of the two will prevail. The provisions of these Construction Codes as amended by this chapter shall constitute the Building Regulations of the City of Costa Mesa. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Construction Codes, State regulations shall prevail over the Construction Codes.

One (1) copy of all the above codes and standards therefore are on file in the office of the building official pursuant to Health and Safety Code section 18942(d)(1) and are made available for public inspection.

Notwithstanding the provisions of the above -referenced construction codes, all fees for services provided pursuant to the construction codes shall not take effect until a resolution for such fees is adopted by the City Council pursuant to California Government Code sections 66016 and 66020.
5-1.1 Amendments to the 2022 California Building Code.

The following amendments to the California Building Code shall apply in the City:
a) Administration. Division II of Chapter 1, entitled "Scope and Administration”, is applicable in the City.

b) Revision. Insert City of Costa Mesa into the text as the name of jurisdiction in Section 101.1.

c) Section 101.4 is deleted in its entirety (including sections 101.4.1, 101.4.2, 101.4.3, 101.4.4, 101.4.5, 101.4.6 and 101.4.7), and replaced with the following:
75 Ordinance No. 2022-xx Page 3 of 31

“101.4. Referenced Codes. The California Codes listed in Section 5-1 of this Ordinance shall be considered part of the requirements of this code to the extent of each such reference.”
d) Section 105.2 is revised by amending exception 2, 9, and adding 14 as follows:

2. Wood, Steel, Vinyl, or Iron fences not over 6 feet in height. Stucco, concrete, and masonry brick fences not over 3 feet high.

9. Prefabricated swimming pools accessory to a Group R -3 occupancy that are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons (18,927.059L) and are installed entirely above ground.

14. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.2. e) Board of Appeals. Section 113.3 is amended to provide as follows:

Board of Appeals when used in the Building Standards Codes shall mean the City Planning Commision . The Board of Appeals is hereby established for each of the Building Standards Codes. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board. f) Table 1505.1 is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows
TABLE 1505.1 a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A. 76 Ordinance No. 2022-xx Page 4 of 31

1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than fifty 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

Section 1505.4 is amended, by the deletion of the entire section.

Section 1505.5 is amended, by the deletion of the entire section.

Section 1807.1.6 is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls .

Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

5-1.3. Amendments to the 2019 California Residential Code. (a) Amend item number 2” in section R105.2, Work exempt from permit, as follows:

2. Wood, Steel, Vinyl, or Iron fences not over 6 feet in height. Stucco, concrete, and masonry brick fences not over 3 feet high.
(b) Table R301.2(1), is revised to read as follows:

77 Ordinance No. 2022-xx Page 5 of 31

TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

MANUAL J DESIGN CRITERIA n

ELEVATION LATITUDE WINTER

HEATING
SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR
INDOOR
DESIGN

TEMPERATURE
DESIGN

TEMPURATURE

COOLING
HEAT

TEMPERATURE

DIFFERENCE
98 34 37 91 70 75

COOLING

TEMPURATURE

DIFFERENCE
WIND

VELOCITY

HEATING
WIND

VELOCITY

COOLING

COINCIDENT

WET BULB DAILY RANGE WINTER

HUMIDITY
SUMMER

HUMIDITY
7 69 27 7 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line deph strength required for weathering shall govern. The weathering column shall be filled i n with the weathering index , “negligible,” “moderate” or “severe” for concrete as determin ed from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652. b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protec tion depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2).Wind exposure category shall be determin ed on a site -specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design cr iteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with : the date of the jurisdiction’s entry into the National Flood Insurance Program ( date of adoption of the first code or ordinance for management of floodhazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.

GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESING

CATEGORY
𝐟

SUBJECT TO DAMAGE FROM

WINTER
DESIGN
TEMP 𝐞

ICE BARRIER

UNDERLAYMENT
REQUIRED 𝐡

FLOOD

HAZARDS
𝐠

AIR

FREEZING
INDEX 𝐢

MEAN
ANNUAL
TEMP 𝐣

Speed
𝐝
(mph)

Topographic
effects 𝐤

Special
wind
region 𝟏
Wind-
borne
debris
𝐳𝐨𝐧𝐞𝐦

Weathering
𝐚

Frost
line
Depth
𝐛

Termite
𝐜

ZERO

95 No

D2 or E

Negligible

Very
Heavy

43 No

0 60
78 Ordinance No. 2022-xx Page 6 of 31

h. In accordance with S ections R905. 1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index- USA Method (Base 32°F)”.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F)” k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of th e table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3 ) and R301.2(4).
(c) Section R902.1 is amended by revising it to allow only class A or B roofs as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

3. Class A roof assemblies include minimum 16 oz/ft2 copper sheets installed over combustible decks.
79 Ordinance No. 2022-xx Page 7 of 31

(d) Section R902.1.3 is amended by rev ising it to require a minimum Class B as follows:

R902.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B. (e) Section R902.2, first paragraph is amended by revising it to allow only class A or B treated wood roofs as follows:

R902.2 Fire -retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15 -3 or 15 -4 which a re impregnated by the full -cell vacuum -pressure process with fire - retardant chemicals, and which have been qualified by UBC Standard 15 -2 for use on Class A or B roofs.

Fire-retardant-treated wood shakes and shingles shall comply with ICC -ES EG107 and with the weathering requirements contained in Health and Safety Code section 13132.7(j). Each bundle shall bear labels from an ICBO accredited quality control agency identifying their roof-covering classification and indicating their compliance with ICC -ES EG107 and with the weathering requirements contained in Health and Safety Code section 13132.7(j).

Health and Safety Code section 13132.7(j) No wood roof covering materials shall be sold or applied in this state unless both of the following conditions are met:
(1) The materials have been approved and listed by the State Fire Marshal as complying with the requirements of this section.
(2) The materials have passed at least five years of the 10-year natural weathering test. The 10-year natural weathering test re quired by this subdivision shall be 80 Ordinance No. 2022-xx Page 8 of 31

conducted in accordance with Standard 15-2 of the 1994 Edition of the Uniform Building Code at a testing facility recognized by the State Fire Marshal.

TITLE 7 FIRE PROTECTION AND PREVENTION
The following sections of T itle 7 of the Costa Mesa Municipal Code are hereby amended to read as follows:

Chapter II. – FIRE PREVENTION

Sec. 7-14. Adoption of the California Fire Code.

California Fire Code Adopted with Modifications. The California Fire Code, 2022 Edition, is hereby adopted with modifications. Other modifications are made as hereinafter set forth in this Title of the Costa Mesa Municipal Code and appropriate findings have been made and filed where required. The California Fire Code, which is based on the International Fire Code, is adopted as noted above and a copy is on file in the office of the City Clerk. This document shall be known and referred to hereafter as the "Fire Code" for the City of Costa Mesa.

Sec. 7-15 Amendments to the 2022 California Fire Code

Chapter 1
Scope and Administration

Chapter 1 Scope and Administration is adopted in its entirety except that Section 105.6.1.1 is added; Sections 105.5.18 (10), 105.5.18 (11), and 112.4 are included with the following amendments:

Section 105.5.18 Flammable and combustible liquids is hereby amended as follows:

105.5.18 Flammable and combustible liquids. An operational permit is required:

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, in dustrial, governmental or manufacturing establishments in accordance with Section 5706.5.4.

Section 105.6.1.1 Private Fire Underground System is hereby added as follows:

105.6.1.1 Private Fire Underground System. A separate construction permit is required for the installation or modification of private fire underground system. Maintenance 81 Ordinance No. 2022-xx Page 9 of 31

performed in accordance with this code is not considered to be a modification and does not require a permit.

Section 112.4 Violation penalties is hereby amended as follows:

112.4 Violation penalties. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor as provided in Section 1-33 of the Costa Mesa Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Chapter 2
Definitions

Chapter 2 Definitions is adopted in its entirety without amendment.

Chapter 3
General Requirements

Chapter 3 General Requirements. Adopt Chapter 3 in its entirety except that Sections 308.1.4, 311.5 through 311.5.5, and 318 is excluded; and with the following amendments:

Section 305.6 Hazardous Conditions is hereby added as follows:

305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and
relative humidity is less than 25%, or a red flag condition has been declared when an official sign was caused to be posted by the fire code official, or a public announcement is made.

2. No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such
fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:

305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

82 Ordinance No. 2022-xx Page 10 of 31

Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces is hereby amended as follows:

307 Open Burning, Recreational Fires, Fire Pits, Fire Rings, and Portable Outdoor Fireplaces

Section 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:

307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:

307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R -3 occupancie s, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Buildin g Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas is hereby added as follows:

307.6.2 Devices using wood or fuels other than natural gas or liquefied -petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:
83 Ordinance No. 2022-xx Page 11 of 31

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 308.1.6.3 Sky lanterns is hereby amended as follows:

308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.

Chapter 4
Emergency Planning and Preparedness

Chapter 4 : Emergency Planning and Preparedness. Adopt only the sections , subsections, and amendment listed below:

401 – 401.9
402
403.1
403.2
403.4 – 403.4.4
403.9.2.1.1
403.12 – 403.12.3
404.5 – 404.6.6
407

Chapter 5
Fire Service Features

Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:

Section 503.2 Specifications is hereby amended as follows:

503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and the Costa Mesa Fire & Rescue Department Plan Submittal Checklist Specifications.

Section 510.1 Emergency responder radio coverage in new b uildings is hereby amended as follows:

510.1 Emergency responder radio coverage in new buildings. Approved in-building, two-way emergency responder communication coverage for emergency responders shall 84 Ordinance No. 2022-xx Page 12 of 31

be provided in all new buildings. In -building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained instead of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.

Chapter 6
Building Services and Systems

Chapter 6 Building Services and Systems is adopted in its entirety without amendment.

Chapter 7
Fire and Smoke Protection Features

Chapter 7 Fire and Smoke Protection Features is adopted in its entirety without amendment.

Chapter 8
Interior Finish, Decorative Materials and Furnishings

Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety without amendment.

Chapter 9
Fire Protection and Life Safety Systems

Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

Section 901.11 False Alarms is hereby added as follows:

85 Ordinance No. 2022-xx Page 13 of 31

901.11 False Alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner.

(a) The owner and any person in possession of any building shall be assessed a fee to be set by resolution whenever the Fire Department is required to respo nd to more than two false alarms during a one -year period consisting of January 1 - December 31 of any given year. Continued false alarms generated from the same location within the same one-year period shall also be assessed a fee set by resolution for each successive false alarm.
(b)Notwithstanding Subsection (a), whenever the Fire Department is required to respond to a false alarm while the system is being repaired or otherwise modified, and the person performing the work has failed to notify the Fire D epartment in advance that such work was being done, the persons performing the work shall also be assessed a fee set by resolution for each such occurrence.
(c)For purposes of this Section, "false alarm" shall mean the activation of any local or central station alarm because of malfunction, including, but not limited to, mechanical or electrical defects, water surges, or because of improper installation, operation testing or maintenance of such system. Whenever the Fire Department responds to the location of a false alarm and finds that there is no evidence of a fire or of external causes beyond the control of the owner or person in possession that may have caused the alarm, the activation shall be presumed to be a false alarm. Not included as a false alarm will be those activations caused by earthquakes or other phenomena beyond the control of the owner or person in possession.
(d) Whenever an owner, person in possession or alarm system workman is notified of such assessment and believes that he should be ex cused from paying because any occurrences did not constitute a false alarm, as defined above, he or she shall have the right to appeal said assessment to the Fire Chief within ten (10) calendar days of his receipt of the notice of assessment. The Fire Chie f is authorized to excuse the assessment if he determines that a false alarm as defined, did not occur. (e) Any person, firm or corporation who receives notification of penalties due and fails to pay such penalties within the specified amount of time, no less than 30 days, a 10 percent per month late fee will be assessed until penalties have been paid.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:

903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specifi ed by Table 903.3.5.3.

86 Ordinance No. 2022-xx Page 14 of 31

Section 912 Fire Department Connections

Section 912.2 Location is amended as follows:

912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fi re department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for o ther fire apparatus. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½″ inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly.

Fire department inlet connections shall be painted OSHA safety red or as approved.

When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½″ inlets shall be provided.

Chapter 10
Means of Egress

Chapter 10 Means of Egress is adopted in its entirety without amendment.

Chapter 11
Construction Requirements for Existing Buildings

Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections listed below:

1103.3.3
1103.7
1103.7.3
1103.7.3.1

90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

87 Ordinance No. 2022-xx Page 15 of 31

1103.7.8 – 1103.7.8.2
1103.7.9 – 1103.7.9.10
1103.8 – 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116

Chapter 12
Energy Systems

Chapter 12 Energy Systems is adopted in its entirety with the following amendments added:

Section 1207.4.1 Electrical disconnects is adopted without amendment.

1207.4.1 Electrical disconnects. Where the ESS disconnecting means is not within sight of the main electrical service disconnecting means, placards or directories shall be installed at the location of the main electrical service disconnecting means indicating the location of stationary storage battery system disconnecting means in accordance with the California Electrical Code.

Exception: Electrical disconnects for lead -acid and nickel -cadmium battery systems at facilities under the exclusive control of communicatio ns utilities and operating at less than 50 VAC and 60 VDC shall be permitted to have electrical disconnects signage in accordance with NFPA 76.

Section 1207.11.5.1 ESS Electrical disconnect in Group R-3 and R-4 occupancies is hereby added as follows:

1207.11.5.1 ESS Electrical disconnect in Group R-3 and R-4 occupancies. The ESS disconnecting means shall be provided within 36 -inches of the main electrical service disconnecting means. The ESS disconnecting means shall be labeled “ESS Emergency Stop”.

Chapter 20
Aviation Facilities

Chapter 20 Aviation Facilities is adopted in its entirety without amendment.

Chapter 21
Dry Cleaning

88 Ordinance No. 2022-xx Page 16 of 31

Chapter 21 Dry Cleaning is adopted in its entirety without amendment.

Chapter 22
Combustible Dust-Producing Operations

Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety without amendment.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages

Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety without amendment.

Chapter 24
Flammable Finishes

Chapter 24 Flammable Finishes is adopted in its entirety without amendment.

Chapter 25
Fruit and Crop Ripening

Chapter 25 Fruit and Crop Ripening is deleted in its entirety.

Chapter 26
Fumigation and Insecticidal Fogging

Chapter 26 Fumigation and Insecticidal Fogging is deleted in its entirety.

Chapter 27
Semiconductor Fabrication Facilities

Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety without amendment.

Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities

Chapter 28 Lumber Yards and Agro -Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety without amendment.

Chapter 29
Manufacture of Organic Coatings
89 Ordinance No. 2022-xx Page 17 of 31

Chapter 29 Manufacture of Organic Coatings is adopted in its entirety without amendment.

Chapter 30
Industrial Ovens

Chapter 30 Industrial Ovens is adopted in its entirety without amendment.

Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures

Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety with the following amendment:

Section 3103.9 Structural stability and anchorage required is hereby amended as follows:

3103.9 Structural stability and anchorage required. Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. Anchorage shall be installed to meet or exceed the Costa Mesa Fire & Rescue Tent Guideline.

Chapter 32
High-Piled Combustible Storage

Chapter 32 High-Piled Combustible Storage is adopted in its entirety without amendment.

Chapter 33
Fire Safety During Construction and Demolition

Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety without amendment.

Chapter 34
Tire Rebuilding and Tire Storage

Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety without amendment.

Chapter 35
Welding and Other Hot Work

Chapter 35 Welding and Other Hot Work is adopted in its entirety without amendment. 90 Ordinance No. 2022-xx Page 18 of 31

Chapter 36
Marinas

Chapter 36 Marinas is adopted in its entirety without amendment.

Chapter 37
Combustible Fibers

Chapter 37 Combustible Fibers is adopted in its entirety without amendment.

Chapter 39
Processing and Extraction Facilities

Chapter 39 Processing and Extraction Facilities is adopted in its entirety without amendment.

Chapter 40
Storage of Distilled Spirits and Wines

Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety without amendment.

Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations

Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety without amendment.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas

Chapter 49 Requirements for Wildland -Urban Interface Fire Areas is adopted in its entirety without amendment.

Chapter 50
Hazardous Materials – General Provisions

Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety without amendment.

91 Ordinance No. 2022-xx Page 19 of 31

Chapter 51
Aerosols

Chapter 51 Aerosols is adopted in its entirety without amendment.

Chapter 53
Compressed Gases

Chapter 53 Compressed Gases is adopted in its entirety without amendment.

Chapter 54
Corrosive Materials

Chapter 54 Corrosive materials is adopted in its entirety without amendment.

Chapter 55
Cryogenic Fluids

Chapter 55 Cryogenic Fluids is adopted in its entirety without amendment.

Chapter 56
Explosives and Fireworks

Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:

Section 5608.2 Firing is hereby added as follows:

5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to CMFR.

Section 5609.1 General is amended as follows:
5609.1 General. Where the temporary storage of consumer fireworks, l.4G is allowed by Section 5601.1.3, Exception 4, such storage shall comply with the applicable requirements of NFPA 1124. In addition to the requirements of NFPA 1124, all temporary stands for the displa y and sale of fireworks shall be located, maintained and 92 Ordinance No. 2022-xx Page 20 of 31

operated subject to the following provisions:
5609.2. No fireworks display or stand shall be erected within one hundred (100) feet of any gasoline dispensing device or room in which vehicles containi ng gasoline are repaired or within thirty -five (35) feet of any other structure. Minimum setback from a public sidewalk shall be five (5) feet; setback from street curbing shall be not less than ten (10) feet where no sidewalk exists.
5609.3. There shall be maintained in each premises or stand within which fireworks are sold or offered for sale, a fire extinguisher with a minimum rating of 2A, 10BC located adjacent to each exit.
5609.4. No person shall light or cause or permit to be lighted any fireworks open flame, match, lighter, or any other article or material within any such stand or within fifty (50) feet thereof.
5609.5. No smoking shall be allowed in any structure used for the sale and display of fireworks or within fifty (50) feet of said structure. "No smoking" signs shall be displayed prominently and in a number prescribed by the fire chief. 5609.6. All such temporary stands shall be constructed to existing city requirements and specifications.
5609.7. All such temporary stands for the display and sale of fireworks shall obtain an electrical permit from the City of Costa Mesa prior to performance of any electrical work.

An electrical permit shall be required for the use of a portable generator or other temporary power source.
5609.8. All power and l ighting shall be GFCI protected. Battery -powered equipment, electrical equipment, and electrical cords that are used in conjunction with a CFRS facility area shall be listed and shall be used in accordance with their listing. 5609.9. Where temporary elect rical conductors are placed on top of an outdoor surface to connect the permanent power source to the temporary CFRS facility’s temporary electrical system, the conductors shall be provided with physical protection against damage caused by pedestrian or ve hicular traffic.
5609.10. Reserved.
5609.11. The permittee shall strictly comply with all of the provisions of the State Fireworks Law, Sections 12500 et seq. of the Health and Safety Code of the State of California.
5609.12. Fireworks shall be stored and kept only in the permittee's sale booth. It shall be unlawful to store any fireworks intended for sale in any building, residence, garage, home or automobile within the City of Costa Mesa.
5609.13. There shall be at least one (1) adult in attendance during any open or sale 93 Ordinance No. 2022-xx Page 21 of 31

hours of the fireworks stand. No person under the age of eighteen (18) years, and no person who is physically or mentally unable to move himself shall be permitted within a fireworks stand.
5609.14. The permittee shall provide an adult ni ght watchman to act and serve during the hours of storage. Under no circumstances shall any night watchman sleep within any fireworks stand.
5609.15. No alcoholic beverages shall be allowed on the premises. 5609.16. All fireworks fuses shall be taped.
5609.17. All permits must be posted in a conspicuous place.

Chapter 57
Flammable and Combustible Liquids

Chapter 57 Flam mable and Combustible Liquids. Adopt Chapter 57, with the exception of Section 5707, in its entirety and with the following amendment:

Section 5701.1.1 On-Demand Mobile fueling is added as follows:

5701.1.1 Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

Chapter 58
Flammable Gases and Flammable Cryogenic Fluids

Chapter 58 Flammable Gases a nd Flammable Cryogenic Fluids. Adopt Chapter 58, with the exception of Section 5809, in its entirety and with the following amendment:

Section 5801.1 Scope is amended as follows:

5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55.

Flammable cryogenic fluids shall compl y with Section 5806. Hydrogen motor fuel - dispensing stations and repair garages and their associated above -ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liqu id hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:
94 Ordinance No. 2022-xx Page 22 of 31

1. Gases used as refrigerants in refrigeration systems (see Section 605).

2. Liquefied petroleum gases and natural gases regula ted by Chapter 61.

3. Fuel-gas systems and appliances regulated under the
California Mechanical Code and the California Plumbing
Code other than gaseous hydrogen systems and
appliances.

4. Pyrophoric gases in accordance with Chapter 64.

Chapter 59
Flammable Solids

Chapter 59 Flammable Solids is adopted in its entirety without amendment.

Chapter 60
Highly Toxic and Toxic Materials

Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety without amendment.

Chapter 61
Liquefied Petroleum Gases

Chapter 61 Liquefied Petroleum Gases is adopted in its entirety without amendment.

Chapter 62
Organic Peroxides

Chapter 62 Organic Peroxides is adopted in its entirety without amendment.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids

Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety without amendment.

Chapter 64
Pyrophoric Materials

Chapter 64 Pyrophoric Materials is adopted in its entirety without amendment.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
95 Ordinance No. 2022-xx Page 23 of 31

Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety without amendment.

Chapter 66
Unstable (Reactive) Materials

Chapter 66 Unstable (Reactive) Materials is adopted in its entirety without amendment.

Chapter 67
Water-Reactive Solids and Liquids

Chapter 67 Water -Reactive Solids and Liquids is adopted in its entirety without amendment.

Chapter 80
Referenced Standards

Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 9.2.1.7 is hereby amended as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

Section 9.4.3.1 is hereby amended as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick - response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. (1) Quick-response type as defined in 3.3.215.4.16

2. (2) Residential sprinklers in accordance with the requirements of Chapter 12

3. (3) Quick response CMSA sprinklers

4. (4) ESFR sprinklers

5. (5) Standard -response sprinklers used for modifications o r additions to existing light hazard systems equipped with standard-response sprinklers

6. (6) Standard -response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems

96 Ordinance No. 2022-xx Page 24 of 31

Section 16.11.2.1 is hereby amended as follows:

16.11.2.1 Local Waterflow Alarms. A local wateflow alarm shall be provided for all sprinkler systems and shall connected to the building fire alarm or water flow monitoring system where provided. Group R occupancies not requiring a fire alarm system by the California Fire Code shall be provided with at least one approved interior alarm device in each unit, or interconnection to the unit smoke alarm system. Sound levels in all sleeping areas shall be a minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with all interve ning doors closed. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water-flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over current protection (GFI), serving normally operated appliances in the residence.

Section 16.12.3.3 is hereby amended as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water a uthority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 16.12.5.7 is hereby amended as follows:

16.12.5.7 Fire Department Connections. Fire department connections shall be located at the nearest point of fire department apparatus accessibility or at a location approved by the authority having jurisdiction. They shall be installed immediately adjacent to the approved fire department access road and such that hose lines can be readily and conveniently attached to the inlets without interference fr om nearby objects including buildings, fence posts, or other fire department connections.

Section 19.1.1.1 is hereby added as follows:

19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure

21.4.1.2.2.1 (d) curve “C”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.

Section 19.2.3.1.1.1 is hereby added as follows:
97 Ordinance No. 2022-xx Page 25 of 31

19.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply
the result by 0.433;
2) Use a maximum of 40 psi, if available;
3) Utilize the CMFR water -flow test form/directions to document a flow test conducted by the local water
agency or an approved third party licensed in the
State of California.

Section 28.4.5.2 (19) (g) Summary Sheet is hereby added as follows:

28.4.5.2 (19) (g) Water supply certification shall be not more than six months prior to the plan submittal to the authority having jurisdiction.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One - and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 4.6 Stock of Spare Sprinklers is hereby added as follows:

4.6.1 A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

4.6.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.

4.6.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100°F (38°C).

4.6.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

Section 7.1.2 is hereby amended as follows:

7.1.2 The sprinkler system piping shall not have a separate control valve installed unless supervised by one of the following methods:

(1) Central station, proprietary or remote station alarm service. (2) Reserved.
(3) Reserved.

98 Ordinance No. 2022-xx Page 26 of 31

Section 7.3 Pressure Gauges is hereby amended as follows:

7.3.1. At least one water pressure gauge shall be installed on the riser assembly.

Section 7.6 Alarms is hereby amended as follows:

7.6 Alarms. Exterior water flow alarm indicating devices shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide audibility throu ghout the structure. Sound levels in all sleeping areas with all intervening doors closed shall be a minimum of 15 dba above the average ambient sound level but not less than 75 dba. Audible devices shall be powered from an uninterruptible circuit (except for over-current protection) serving normally operated appliances in the residence.

Exception:
(1) When an approved water flow monitoring system is installed, interior audible devices may be powered through the fire alarm control panel. (2) When smoke detectors specified by the CBC or CRC are used to sound an interior alarm upon water flow switch activation.
.

Section 8.3.5 is hereby amended as follows:

8.3.5 Sprinklers shall not be required in attics without storage, penthouse equipment rooms, elevator m achine rooms, concealed spaces dedicated for exclusively to and containing only dwelling unit ventilation equipment, floor/ceiling spaces, elevator shafts, crawl spaces, and other concealed spaces that are not intended for living purposes.

Section 8.3.5.1.1 is hereby amended as follows:

8.3.5.1.1 Where fuel-fired equipment is located other than beneath an occupied area of the dwelling unit, at least one quick-response intermediate-temperature sprinkler shall be installed above the equipment or at the wal l separating the space with the fuel -fired equipment from the occupied space.

Section 8.3.5.1.3 is hereby added as follows:

8.3.5.1.3 At a minimum, attics with storage access shall be protected with an intermediate temperature quick response sprinklers, which shall be located to protect attic penetrations created by the access scuttles or mechanical equipment.

NFPA 13R 2022 Edition, Standard for the Installation of Sprinkler Systems in Low- Rise Residential Occupancies is hereby amended as follows:

Section 6.6.6 is hereby amended as follows:
99 Ordinance No. 2022-xx Page 27 of 31

6.6.6 Sprinklers shall not be required in attics without storage, penthouse equipment rooms, elevator machine rooms, concealed spaces dedicated exclusively to and containing only dwelling unit ventilation equipment, crawl spaces, floor/ceiling spaces, vertical chases, elevator shafts where the elevator installation complies with ASME A17.1/CSA B44, Safety Code for Elevators and Escalators, and other concealed spaces that are not intended for living purposes or storage and do not contain fuel -fired equipment.

Section 6.6.6.3 is hereby amended as follows:

6.6.6.3 Where the fuel -fired equipment is above all occupied areas, at least one quick - response intermediate-temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space.

Section 6.16.1 is hereby amended as follows:

6.16.1 A local water -flow alarm shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water -flow monitoring system wh ere provided.

Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Chapter 9 of the California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alar m device in each unit. Sound levels in all sleeping areas shall be a minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with all intervening doors closed. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm, residential smoke detection or water-flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over -current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:
100

Ordinance No. 2022-xx Page 28 of 31

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted
to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check
assembly are the only control valves, at least one
OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

6.2.9. All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1)*A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a
post indicator valve shall be permitted to be
installed closer than 40 ft (12 m) but at least as
far from the building as the height of the wall
facing the post indicator valve.
(2) A wall post indicator valve.
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4)*A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5)* When approved by the Costa Mesa Fire & Rescue Department, a nonindicating valve, such as an underground gate valve with an approved roadway box, complete with T-wrench, located not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a nonindicating valve, such as an underground gate valve with an a pproved roadway box, complete with T-wrench, shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the non - indicating valve.
b) A nonindicating valve, such as an underground nonrising stem gate valve with an approved roadway box complete with T-wrench shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have the valve 40 ft (12 m) away. (6) Control valves installed in a fire-rated room accessible from the exterior (7) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the AHJ.

Section 10.1.5 is hereby added as follows:
101

Ordinance No. 2022-xx Page 29 of 31

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings

Section 10.4.1.1 is hereby amended as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Appendices

Appendix A is deleted in its entirety without amendment.

Appendix B is adopted in its entirety with amendments outlined in CMFR Plan Submittal Checklist Specifications.

Appendix BB is adopted in its entirety without amendment.

Appendix C is adopted in its entirety without amendment.

Appendix CC is adopted in its entirety without amendment.

Appendix D is deleted in its entirety without amendment.

Appendix E is deleted in its entirety without amendment.

Appendix F is deleted in its entirety without amendment.

Appendix G is deleted in its entirety without amendment.

Appendix H is adopted in its entirety without amendment.

Appendix I is deleted in its entirety without amendment.

102

Ordinance No. 2022-xx Page 30 of 31

Appendix J is deleted in its entirety without amendment.

Appendix K is deleted in its entirety without amendment.

Appendix L is deleted in its entirety without amendment.

Appendix M is deleted in its entirety without amendment.

Appendix N is adopted in its entirety without amendment.

Appendix O is deleted in its entirety without amendment.

Appendix P is deleted in its entirety without amendment.

PASSED AND ADOPTED this 1st day of November, 2022.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

103

Ordinance No. 2022-xx Page 31 of 31

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2022-xx was duly introduced for first reading at a regular meeting of the City Council held on the 18th day of October 2022, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 1st day of November, 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of November, 2022.

__________________________
Brenda Green, City Clerk

104
Section 1207.4.1 Electrical disconnects is adopted without amendment. 1207.

4.1 Electrical disconnects. Where the ESS disconnecting means is not within sight of the main electrical service disconnecting means, placards or directories shall be installed at the location of the main electrical service disconnecting means indicating the location of stationary storage battery system disconnecting means in accordance with the California Electrical Code. The ESS disconnecting means shall be within 36-inches of the main electrical service disconnecting means. The ESS disconnecting means shall be labeled “ESS Emergency Stop”.

Exception: Electrical disconnects for lead- acid and nickel -cadmium battery systems at facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC shall be permitted to have electrical disconnects signage in accordance with NFPA 76.

Se
ction 1207.11.5.1 ESS Electrical disconnect in Group R-3 and R-4 occupancies is hereby added as follows:
1207.

11.5.1 ESS Electrical disconnect in Group R-3 and R-4 occupancies. The ESS disconnecting means shall be provided within 36- inches of the main electrical service disconnecting means. The ESS disconnecting means shall be labeled “ESS Emergency Stop”.

Ch
apter 20
Aviation Facilities
Ch
apter 20 Aviation Facilities is adopted in its entirety without amendment.

Ch
apter 21
Dry Cleaning
Ch
apter 21 Dry Cleaning is adopted in its entirety without amendment.

Ch
apter 22
Combustible Dust-Producing Operations
Ch
apter 22 Combustible Dust-Producing Operations is adopted in its entirety without amendment.

Ch
apter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Ch
apter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety without amendment.

Ch
apter 24
ATTACHMENT 2
1 105
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-914 Meeting Date: 11/1/2022
TITLE:

EXTENSION OF URGENCY ORDINANCE 2020-15 SUSPENDING CERTAIN PERMIT

REQUIREMENTS AND DEVELOPMENT STANDARDS FOR OUTDOOR ACTIVITIES DUE TO THE COVID-19 PANDEMIC
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND

DEVELOPMENT SERVICES
CONTACT INFORMATION: SCOTT DRAPKIN, ASSISTANT DEVELOPMENT SERVICES DIRECTOR, 714-754-5278
RECOMMENDATION:

Staff recommends the City Council:

1. Extend Urgency Ordinance 2020-15 for six months to expire on June 30, 2023.

2. Provide direction to prepare a Code amendment to modify development standards and streamline the approval process for outdoor dining in Costa Mesa.

BACKGROUND:

On June 2, 2020, City Council approved Urgency Ordinance 2020-15 to reduce the potential social and economic impacts from the Coronavirus pandemic to the City’sbusiness establishments and residents. Urgency Ordinance 2020-15 temporarily suspended permit requirements and development standards for outdoor activities for dining patios and places of religious assembly, as well as a waiver of valet parking requirements. Similarly, on July 21, 2020, City Council approved another urgency measure (Urgency Ordinance 2020-16) that suspended the permit requirements and development standards for outdoor activities and parking requirements applicable to retail sales and service businesses.

Both ordinances were originally set to expire in December 2020 and were extended by City Council for one-year periods on November 17, 2020, and again on November 2, 2021. Accordingly, both ordinances are set to expire on December 31, 2022, unless an extension is granted.

Along with the approval of the second one-year extension, City Council directed staff to investigate opportunities for amending the City’s outdoor dining regulations to allow similar outdoor dining conditions afforded as a result of the COVID-19 pandemic. The analysis in this report provides a summary of the City’sexisting Temporary Use Permit Program for Outdoor Dining, a summary of approaches by nearby cities for permanent outdoor dining regulations, and a discussion of potential

Page 1 of 5 ends

106
File #: 22-914 Meeting Date: 11/1/2022
approaches by nearby cities for permanent outdoor dining regulations, and a discussion of potential modifications to the City’s existing Municipal Code necessary to promote outdoor dining.

The proposed six-month extension to the Urgency Ordinance would allow staff to complete the Code amendment for outdoor dining pursuant to the direction provided by City Council.

ANALYSIS:

Proposed Extension of Urgency Ordinance 2020-15
Currently, the State of California has moved Beyond the Blueprint to safely and fully reopen the economy. The State has ended its restrictions for physical distancing, capacity limits on businesses, and the County tier system. Mask mandates have been lifted, with a few exceptions, and new recommended quarantine timeframes have been established. However, COVID-19 remains a concern to public health due to surges of COVID-19 cases and waves of highly transmittable variants. The State has outlined steps to prepare for future surges and variants in its SMARTER Plan - Coronavirus COVID-19 Response (ca.gov) <https://covid19.ca.gov/smarter/> to ensure that strains on the healthcare system are minimized, keep staff and public safe, and keep businesses open and schools in person. It is essential that the City remains vigilant and continues to monitor the State’s and County of Orange’s Health Officer’s Orders and Recommendations.

In the past two years, many of the City’srestaurants, churches, and other businesses that were allowed to conduct outdoor activities during the pandemic are slowly returning to pre-pandemic interior operating conditions. However, based on evolving public health conditions, including virus variants, there is still uncertainty as to how the spread and impacts of the virus may continue. In addition, economic recovery from the COVID-19 pandemic is ongoing.

Therefore, staff is recommending that the previously approved Urgency Ordinance 2020-15 be extended for an additional six months, to expire on June 30, 2023. The extension will allow the continued use of existing outdoor dining areas established under the City’stemporary program, while allowing staff to complete its work drafting a formal process to allow for such outdoor dining permanently. This extension would be adopted by urgency ordinance and would be effective immediately. The draft ordinance is attached as Attachment 1.

Existing Temporary Program
Since the adoption of Urgency Ordinance 2020-15, the Development Services Department has issued 48 Temporary Use Permits (TUPs) for outdoor dining that are located within public right-of- way and on private property within a parking lot. Of those issued, 41 were issued in 2020, and six were issued in 2021, and one was issued in 2022.

The vast majority of the approved outdoor dining areas were located in private parking lots and involved removing existing parking spaces to accommodate customer seating areas. (Some outdoor dining areas were established on private property within other onsite open areas; however, these installations did not require a Temporary Use Permit. As such, there is no data as to how many businesses utilized this provision.) In addition, one Temporary Use Permit/Encroachment Permit was issued for outdoor dining located within public right of way utilizing on-street parking (commonly referred to as a “parklet”). There are 20 permitted outdoor dining areas currently in use.

In the months of September and October 2022, staff contacted the restaurant establishments for

Page 2 of 5 ends

107
File #: 22-914 Meeting Date: 11/1/2022
In the months of September and October 2022, staff contacted the restaurant establishments for feedback regarding long term use of the outdoor dining areas. Staff received responses from 28 restaurants, of which 16 expressed interest in continuing the outdoor dining area. Attachment 2 is a map depicting the locations of the aforementioned TUPs.

Considerations for a Permanent Outdoor Dining Policy
In its previous discussions, the City Council expressed an interest in establishing provisions that would promote outdoor dining in Costa Mesa. Necessarily, this effort would focus on crafting creative solutions that would allow Costa Mesa businesses and residents to celebrate our local outdoor dining culture, better activate Costa Mesa streets and pedestrian activity, maintain pedestrian safety, maintain the attractiveness of the City’spublic rights-of-way, foster neighborhood interaction, and support local businesses and employment. The goal of such provisions would be to facilitate greater opportunities for restaurant establishments to offer “al fresco” customer dining experiences while minimizing potential community impacts.

Existing Code Requirements
Review Process/Permitting
Title 17 (Zoning) of the Costa Mesa Municipal Code (CMMC) includes provisions that regulate the provision of outdoor uses. The Code requires that all uses be conducted indoors and requires outdoor uses (including outdoor dining) in any zoning district to obtain approval of a Minor Conditional Use Permit. Minor Conditional Use Permits are decided on by the City’s Zoning Administrator. The Zoning Administrator’sdecisions are posted online, and notice of the decisions are published in the local newspaper, posted onsite, and mailed to property owners and occupants within a 500-foot radius of the site. The Zoning Administrator, in his/her deliberations, considers whether the outdoor use is compatible with surrounding uses and requires conditions of approval to address impacts to the community and ensure neighborhood compatibility. Typical conditions of approval include: limitations on hours of operation, capacity, sound amplification, sound attenuation requirements when appropriate, safety measures, and measures to preserve community aesthetics.

The City’sMunicipal Code is silent on outdoor dining located in public right of way (such as in a wide sidewalk area or within on-street parking spaces), though any use of public right of way generally requires an encroachment permit.

Parking
In addition, since an outdoor dining area functionally increases the seating capacity of a dining establishment, parking requirements are applied to the seating area of an outdoor dining space in the same manner as an interior dining space. Generally, dining spaces require onsite parking to be provided at a rate of 10 spaces per 1,000 square feet of gross floor area (12 spaces per 1,000 square feet if the space is greater than 3,000 square feet in area). The Code allows a business to apply for a “deviation”in parking requirements due to “uniqueoperating characteristics” through the Minor Conditional Use Permit process, subject to Zoning Administrator approval. This process allows for flexibility in parking requirements and may involve preparation of a parking evaluation by a third-

Page 3 of 5 ends

108
File #: 22-914 Meeting Date: 11/1/2022
party to support the provision of less onsite parking.

If available parking is already limited onsite, providing sufficient parking for an expanded outdoor customer seating area can be an obstacle to approval. However, if sufficient parking is not provided, customers of the dining establishment may park on-street (where available) or use parking spaces on adjacent private commercial properties. The primary community concern in these cases is “neighborhood intrusion,” whereby business customers park in nearby residential neighborhoods, contributing to a lack of on-street parking for residents and their guests. This potential is less severe when there is no direct access to a residential street or when the residential street is not located within a reasonable walking distance from the business.

Recommendations
In order to achieve the Council’sstated goals, staff recommends that existing Code provisions for outdoor dining on private property should be modified to:
· Establish minimum design standards;
· Consider additional flexibility for parking requirements; · Streamline the approval process for certain types of proposals based on scale, design, and location; and
· Provide a path forward for outdoor dining areas that were previously established under the temporary regulations.

In addition, and as a second phase of work, staff recommends that the City develop an outdoor dining program applicable to public rights-of-way.

In developing such a program, staff will build on the community outreach efforts conducted for the Citywide Residential Parking Action Plan, dated March 8, 2022. The Action Plan primarily focused on optimization of the residential permit parking program and parking management within the residential neighborhoods. However, the Action Plan also made general recommendations regarding commercial corridors and use of curb space, including a recommendation to develop policies for permanent parklets and on-street use policies.

The Action Plan states that “parkletscan be an opportunity to improve commercial area vibrancy by activating outdoor spaces. While they do displace on-street parking supply, this trade-off may be a worthwhile consideration depending on community feedback and the success of other parking management strategies. The City should proactively implement curb management best practices and accommodate all users. Traditionally, the City’s curb space has primarily been allocated for the purpose of on-street public parking. However, as mobility trends are ever-changing, the City should work to convert valuable curb space for other uses, where appropriate, and assess creative uses to support the commercial areas. The City should evaluate the Temporary Use Permit fee for outdoor dining in the public right-of-way, taking into consideration the value of the parking space. The City should consider an ongoing fee for the permit, and the frequency of reapplication.” The program development would also explore other jurisdictions’approaches to permitting outdoor

Page 4 of 5 ends

109
File #: 22-914 Meeting Date: 11/1/2022
The program development would also explore other jurisdictions’approaches to permitting outdoor dining in public areas. For example, the City of Newport Beach and City of Pasadena, as a response to COVID-19, also permitted outdoor dining through the adoption of urgency ordinances.

The urgency Ordinances for both Cities’have expired. The City of Newport Beach is relying on existing Code provisions and permitting processes for outdoor dining in the public right of way. The City of Pasadena updated its existing “Sidewalk Dining on Public Walkways Ordinance” to allow outdoor dining in the public right of way, including sidewalks, alleys, and streets. The City of Pasadena also updated the City’sfee schedule for outdoor permits and adopted On-Street Dining Design Guidelines. Attachment 3 provides a summary of other jurisdictions’approaches to permitting outdoor dining areas.

The recommended updates to the Municipal Code will provide opportunities for a vibrant outdoor dining environment while addressing community issues like parking, aesthetics, noise, safety and pedestrian circulation.

ALTERNATIVES:

The City Council can determine that they do not wish to extend Urgent Ordinance 2020-15. All temporary improvements would therefore be required to be removed by December 31, 2022.

Additionally, the City Council can decide not to further pursue permanent outdoor dining regulations.

FISCAL REVIEW:

There is no direct impact to the City’sGeneral Fund. However, the Urgency Ordinance is intended to assist businesses in Costa Mesa to continue operating and recovering from the COVID-19 pandemic, subject to compliance with State and local public health regulations, which would ultimately have a fiscal benefit to the City through sales tax.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this staff report and the attached urgency ordinance and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Achieve Long-Term Fiscal Sustainability
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends that the City Council extend Urgency Ordinance 2020-15 for six-months to expire on June 30, 2023, and direct staff to prepare a Code amendment that would streamline and promote outdoor dining on a more permanent basis. The Code amendment would be presented to the Planning Commission for a recommendation and forwarded to the City Council for final adoption.

Page 5 of 5 ends

110
ATTACHMENT 1

Ordinance No. 2022-xx Page 1 of 7

ORDINANCE NO. 2022-xx

AN URGENCY ORDINANCE OF THE CITY OF COSTA MESA TO EXTEND AND AMEND ORDINANCE NO. 2020 -15 TEMPORARILY SUSPENDING THE PERMIT

REQUIREMENTS AND DEVELOPMENT STANDARDS FOR OUTDOOR ACTIVITIES

AND PARKING CONTAINED IN THE ZONING CODE APPLICABLE TO DINING

PATIOS, PLACES OF RELIGIOUS ASSEMBLY, AND WAIVER OF VALET PARKING

AND DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE

EFFECT IMMEDIATELY UPON ADOPTION

WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and

WHEREAS, on March 4, 2020, the Governor declared a State of Emergency in California due to the threat of Coronavirus Disease 2019 (“COVID-19”). On February 26, 2020, the Orange County Board of Supervisors and Department of Public Health declared a public health emergency in Orange County due to COVID -19. On March 12, 2020, pursuant to Proclamation No. 2020-01, the City Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa Municipal Code, and on March 13, 2020 the City Council pursuant to Resolution No. 2020 -9 did ratify Emergency Proclamation No. 2020-01; and

WHEREAS, the City has been impacted by the health crisis of this global pandemic. Restaurant and retail business has significantly declined and workers have been impacted by lost wages and layoffs; and

WHEREAS, on June 11, 2021, the State of California Public Health Officer issued the Beyond the Blueprint order, which accounted for the State entering into a new phase of the Covid -19 pandemic and confirmed that California must remain vigilant against variants of the disease especially given high levels of transmission in other parts of the world, and

WHEREAS, currently the State of California has moved passed the Beyond the Blueprint order to safely and fully reopen the economy. The State has ended its restrictions for physical distancing, capacity limits on businesses and the County tier system. Mask mandates has been lifted, with a few exceptions and new recommended quarantine timeframes have been established. However, COVID -19 remains a concern to public health due to surges of COVID -19 infections and waves of highly transmittable variants. The State has outlined steps to prepare for future surges and variants in its SMARTER Plan to ensure that strain on healthcare system are minimize, keep staff and public safe, and keep businesses open and schools in person; and

WHEREAS, during the initial phases of COVID -19 pandemic businesses are proposing various outdoor activities to encourage the return of customers to r estaurants 111
Ordinance No. 2022-xx Page 2 of 7

and other retail uses in a way that will provide for public health and safety while allowing business operations to continue; and

WHEREAS, on June 2, 2020 the City Council of the City of Costa Mesa did adopt Urgency Ordinance 2020-15 based on the forgoing facts, findings and circumstances, to remain in effect for 180 days unless extended; and

WHEREAS, on November 17, 2020 the City Council of the City of Costa Mesa extended the Urgency Ordinance 2020 -15 based on the forgoing facts, findings an d circumstances, to remain in effect until December 31, 2021 unless extended; and

WHEREAS, since the adoption of the Urgency Ordinance 2020 -15, the City of Costa Mesa has processed forty-seven Temporary Outdoor Dining Permits. The program has provide d eco nomic recovery for existing dining establishments and provided safe areas where the community can experience the emerging local outdoor dining culture; and

WHEREAS, on November 2, 2021 the City Council of the City of Costa Mesa extended the Urgency Ordinance 2020-15 for an additional year and directed staff to investigate opportunities for amending the City’s outdoor dining regulations to allow similar outdoor dining conditions afforded as a result of the COVID-19 pandemic, based on the forgoing fact s, findings and circumstances, currently the Urgency Ordinance 2020-15 is to remain in effect until December 31, 2022 unless extended; and

WHEREAS, the forgoing facts, findings and circumstances remain un-abated such that the City Council desires to exten d and amend Urgency Ordinance 2020 -15 as set forth herein for an additional six months; and

WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code of Regulation s) has determined that the Ordinance is exempt from the provisions of CEQA pursuant to the following sections of the CEQA Guidelines: Section 15269(c) (specific actions necessary to prevent or mitigate an emergency); and Section 15061(b)(3) because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment; and

WHEREAS, the City Council has the authority to adopt this Ordinance under Government Code Section 8630, and also its authority under California Constitution Art XI, section 7.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS:

112
Ordinance No. 2022-xx Page 3 of 7

SECTION 1. Temporary Suspension of Conditional Use Permit and Minor Conditional Use Permit Requirements and Development Standards Related to Parking for Outdoor Dining for Restaurants; and Places of Religious Assembly.

A. Scope. This Ordinance applies to all conditional use permit and minor conditional use permit requirements and development standards applicable to outdoor activities and parking of the following sections of the Costa Mesa Municipal Code to the extent that they apply or are interpreted to apply to a restaurant: Section 13-44, 13-47, 13-48, and 13-89, and Table 13-44 (Commercial Development Standards): uses underroof; Table 13-47 (Permitted and Conditionally Permitted Uses): location and operational characteristics of restaurants; 13-51.52 (General Development Standards):
outdoor uses for places of religious assembly; and Table 13-89 (Non- Residential Parking Standards).

B. Applicability. The temporary suspension of the requirements set forth herein shall apply only to those uses which operate in full compliance with all otherwise applicable state and local laws and regulations, and all health, safety, welfare, operational and traffic control standards established by the Health Officer and/or the Zoning Administrator for each such use.

Temporary outdoor uses which affect or are located in the public right-of- way, parking lots, drive aisles, and similar areas shall require submittal of a temporary Use Permit (TUP) application.

SECTION 2. Criteria to Allow Outdoor Activities.

A. Temporary Dining Opportunities on Private Property (excluding parking lots)

 All dining areas shall observe State and local health guidelines for restaurants  Temporary outdoor seating is restricted to serving existing, on-site restaurants  Temporary o utdoor seating is located within a reasonable proximity to the restaurant
 A minimum 4 -foot-wide pedestrian access is provided to accom modate wheelchairs
 Pedestrian ingress/egress to the subject or other businesses may not be obstructed
 Any service of alcoholic beverages in these temporary areas will be subject to approval by the ABC
 Any canopies or tents will require Fire and Building Department approval prior to installation
 Temporary outdoor dining on a property within 200 feet of a residential zone will be required to be closed between 11 PM and 6 AM
 Patio will be posted with a contact phone number so any noise concerns can be reported to the business owner or her/his representative 113
Ordinance No. 2022-xx Page 4 of 7

 Businesses which are permitted to have indoor entertainment shall maintain all such entertainment inside the premises, with no amplification or speakers to broadcast or pipe the entertainment to the outdoor areas

B. Temporary Outdoor Dining within Private Parking Lots

 All dining areas shall observe State and local health guidelines for restaurants  Temporary outdoor seating be restricted to serving existing, on-site restaurants  Parking areas and/or driveways abutting a restaurant or access to a restaurant are encouraged to be the first choice to be converted to temporary outdoor dining; staff will consider satellite patio spaces or crossing of active drive aisles where it can be shown that adequate protection and safe access between the restaurant and the dining area can be provided
 Temporary outdoor dining must allow for adequate vehicular circulation  Clearly visible safety barriers (such as planters and other vertical barriers) will be required so drive aisles/access for drivers is clearly visible – including in the evening hours
 Any service of alcoholic beverages in these temporary areas would be subject to approval by the ABC
 Any canopies or tents will require Fire and Building Department approval prior to installation
 Temporary outdoor dining on a property within 200 feet of a residential zone to be closed between 11 PM and 6 AM
 Use of shared parking lots for temporary outdoor seating should be closely coordinated with landlords and/or other users
 Outdoor dining area will be posted with a contact phone number so any noise concerns can be reported to the business owner or her/his representative  Businesses which are permitted to have indoor entertainment shall maintain all such entertainment inside the premises, with no amplification or speakers to broadcast or pipe the entertainment to the outdoor areas

C. Outdoor Dining within Certain Public Rights-of-Way

 All dining areas shall observe State and local health guidelines for restaurants  Temporary outdoor seating be restricted to serving existing, on-site restaurants  Temporary outdoor dining opportunities shall be adjoining to the restaurant  A minimum 4 -foot-wide pedestrian access is required to accommodate wheelchairs
 Pedestrian or vehicular ingress/egress to the subject and/or other businesses may not be obstructed
114
Ordinance No. 2022-xx Page 5 of 7

 Any service of alcoholic beverages in these temporary areas will be subject to approval by the ABC
 Temporary outdoor dining on a property within 200 feet of a residential zone to be closed between 11 PM and 6 AM
 An encroachment permit shall be obtained before the establishment of temporary outdoor dining spaces
 Umbrellas only will be permitted; no canopies will be allowed  Outdoor dining area will be posted with a contact phone number so any noise concerns can be reported to the business owner or her/his representative.  Businesses which are permitted to have indoor entertainment shall maintain all such entertainment inside the premises, with no amplification or speakers to broadcast or pipe the entertainment to the outdoor areas

D. Religious Institutions

 Temporary religious services within a parking lot are prohibited between 7 PM and 9 AM if the religious institution is within 200 feet of a residential zone  With the exception of speech, amplification is prohibited; however, use of smart phones or car radios (if possible) to transmit audio is recommended and encouraged
 Temporary outdoor religious services may be provided for 180 days unless the temporary approvals are extended, subject to a similar reconsideration and potential extension at that time

E. The Director of Economic and Development Services, in his or her discretion, may revoke or modify an approval issued pursuant to this Ordinance for the purposes of ensuring compatible condit ions and avoiding substantial impacts to nearby uses or properties.

SECTION 3. Emergency Declaration /Effective Date . The City Council declares this Ordinance to be an emergency measure, to stay in effect for six months from the previous expiration of Ordinance 2020 -15 (December 31, 202 2) upon adoption pursuant to California Government Code section 36934, unless extended. The facts constituting the emergency are as follows: Due to the directives from health officials to contain the spread of COVID-19, a significant loss of business, work furloughs, loss of wages, and lack of work for employees has occurred in many sectors. Furthermore, the economic impacts of this public health crisis is resulting in irreparable harm to the residents and businesses within the City. A temporary emergency measure is necessary to protect the public by enabling and encouraging temporary solutions to allow dining and religious services suited to th e emergency restrictions imposed on residents and business that would otherwise be prohibited, hindered or delayed by the provisions of the Zoning Code.

SECTION 4. Term. This Ordinance shall remain in effect for one-year with the potential for City Council to extend as needed. Nothing herein shall be deemed to create any 115
Ordinance No. 2022-xx Page 6 of 7

permanent or vested right to any business or place of religious assembly to continue using private exterior space, private parking lot space, or public rights of way beyond the term of this ordinance or without an appropriate permit.

SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Costa Mesa Municipal Code.

Section 6. Inconsistences. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are suspended or modified to that extent necessary to affect the provisions of this Ordinance, but only during the term of this Ordinance.

Section 7. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law.

PASSED, APPROVED AND ADOPTED this 1st day of November, 2022.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 116
Ordinance No. 2022-xx Page 7 of 7

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Urgency Ordinance No. 202 2-xx was duly adopted at a regular meeting of the City Council of the City of Costa Mesa held on the 1st day of November, 2022, by the following roll call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of November, 2022.

________________________
Brenda Green, City Clerk

117
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
City of Costa Mesa
Temporary Use Permit Outdoor Dining

0.5 00.25 Miles
¯
Outdoor Dining
Temporary Use Permit for Outdoor Dining
Expressed Interest in Keeping Outdoor Dining
ATTACHMENT 2
1 of 3 118
Business Site Location of
Ou
tdoor Dining Address Active Outdoor
Dining
Responded to
Phone Survey
Expressed Interest
in Continuing
Pasta Connection Restraurant Site -
fr
ont patio area 1969 Harvor Blvd Active x Yes
El Matador Parking Lot 1768 Newport Blvd Active x Yes
Th
e Harp Inn Parking Lot 130 E 17th St Not Active x No
Baja Fish Tacos Restraurant site -
wa
lkway 171 E 17th St Not Active x Yes
Kappo Sui Parking Lot 20032 Santa Ana Ave Not Active
Silver Trumpet Shared Common
Ar
ea 3350 Avenue Of The Arts Not Active x No Avila's El Ranchito Parking Lot 2101 Placentia Ave Acti ve x Yes Acalpulco Parking Lot 1262 Bristol St Not Active
Bootleggers Brewery Parking Lot 696 Randolph Ave Active Sushi Wave Parking Lot 2075 Newport Blvd Not Active x No Taco Mesa Parking Lot 647 W 19th St Active x Yes
Mitsuwa Marketplace Parking Lot 665 Paularino Ave Not Active Mastro's Steakhouse Shared Common
Ar
ea 633 Anton Blvd Not Active
Country Club Parking Lot 330 E 17th St Not Active x No
Ma
ggianos Parking Lot 3333 Bristol St Not Active
Playa Mesa Parking Lot 428 E 17th St Not Active x No
Hachi Asian Fusion Parking Lot 3033 D Bristol St Not Active Umami Parking Lot 2981 B002 Bristol St Not Active
Green Cheek Beer Company Parking Lot 2957 Randolph Ave Active Donkey D's Parking Lot 820 W 19th St Not Active x Yes
Manpuku Parking Lot 891 Baker St Not Active
Jugos Alcapulcos Parking Lot 745 A W 19th St Not Active x Yes Mogu Mogu Parking Lot 2969 Fairview Rd Not Active
Salty Bear Brewing
Parking Lot and
Sh
ared common
area
2948 Randolph Ave Active x Yes
Camp Out Parking Lot 2948 Randolph Ave Active x
The CAMP
Parking Lot and
Sh
ared common
area
2937 Bristol St Active x
Millions of Chicken Parking Lot 2629 Harbor Blvd Not Ac tive Calipoke/Hanare Parking Lot 2930 Bristol St Not Active
SOCIAL Parking Lot 512 W 19th St Not Active
SOCO Collections Parking Lot 3313 Hyland Ave Not Active x No The Huddle Parking Lot 741 Baker St Active x Yes
Semi Tropic Wines Front and alleyway 816 W 19th St Acti ve Strut Parking Lot 719 W 19th St Not Active x No
Ha
bana Parking Lot 2930 Bristol St Not Active x No

CITY OF COSTA MESA TEMPORARY USE PERMIT AND ENCROACHM ENT PERMIT FOR OUTDOOR DINING 1 of 2
2 of 3
119
Business Site Location of
Outdoor Dining Address Active Outdoor
Dining
Responded to
Phone Survey
Expressed Interest
in Continuing

CITY OF COSTA MESA TEMPORARY USE PERMIT AND ENCROACHMENT PERMIT FOR OUTDOOR DINING Oak and Coal Parking Lot 333 E 17th St Not Active x No
AnQi Parking Lot 3333 Bristol St Not Active x Yes
Goat Hill Tavern Parking Lot 1830 Newport Blvd Active x Yes The Boulevard Parking Lot 1824 Newport Blvd Active x Yes TURNERS PUB 33 Parking Lot 1562 Newport Blvd Active
Breakfast Republic Parking Lot 410 E 17th St Active
Amorelia Mexican Café Parking Lot 2200 Harbor Blvd Not Active Trenta Pizza e Cucina Parking Lot 1661 D Superior Ave Active x Yes Soup Kitchen Parking Lot 720 W 19th St Active x Yes
Garduno's Shared Common
Area 298 A E 17th St Active
Garf's Sports Lounge Parking Lot 3046 Bristol St Not Active x No Mi Casa Parking Lot 296 E 17th St Not Active
Uroko Café Parking Lot 3030 Bristol St Active x Yes
Eat Chow Public Right of
Way 1802 Newport Blvd Active x Yes
2 of 2
3 of 3
120
COMPARISON CITIES – OUTDOOR DINING PROGRAMS ATTACHMENT 3 City COVID -19 RESPONSE POST COVID-19
Newport
Beach
Repealed emergency orders and
ordinances relating to outdoor dining on
June 2021 and allowed temporary uses
till end of summer of 2021. Provisions
extended till end of December 2021.

February 2022 Newport Beach City
Council directed city staff to make
current policies work for outdoor dining
for Balboa Village Area, allow usage of
public right of way for dining along
Newport Pier through May.

Rely on existing pre-pandemic provisions
– City of Newport Beach City Council L-
21/Muni-code Chapter 13.18 Use Of
Public Sidewalk for Outdoor Dining

Pasadena Existing Pre-COVID provision –
“Sidewalk Dining on Public Walkways”
Ordinance; permits temporary or non-
permanent basis outdoor dining on
sidewalks

Emergency Ordinance waived outdoor
dining permit fees through June 2022;
allowed outdoor dining in the public right
of way including sidewalk, alley as well
as portion of barricaded streets.

Post-COVID updated dining permit fees
and amend City’s Sidewalk Dining on
Public Walkways Ordinance for inclusion
of on-street dining, specific standards for
lighting, design standards for parklets,
additional standards for alcohol; Fees for
on-street/public right of way (fees is per
square foot per year and varies depending
on District location); adopted On-Street
Dining Design Guidelines, December 2021

Huntington
Beach
June 2020 – The City of Huntington
Beach developed the Temporary
Emergency Use Permit, encroachment
permit process to allow for outdoor
dining within public right-of way and
property; no fees associated; temporary
closure of second and third blocks of
Main Street to vehicular traffic.

Permits expired on December 2021, with
the exception of second block of Main
Street. All other business were
encouraged to apply for a permanent
outdoor dining permit.

Rely on existing – Pre-COVID provisions –
Outdoor Dining with alcohol sales
permitted with a Conditional Use Permit –
approved by Zoning Administrator; outdoor
without alcohol sales >400 SF permitted
without a CUP. If over 400 SF with no
alcohol sales, Neighborhood Notification is
required
Fullerton Pre- COVID established dining
establishment may extend outdoor
dining through issuance of an
Encroachment Agreement; and new
outdoor dining establishments required
amendment to existing entitlements.

Temporary Outdoor Dining Permits -
relaxed regulations for outdoor dining.

Temporary Outdoor Dining program
expired in June 2022.

Standard Outdoor Dining
Guidelines/Application Process for Public
Right of Way (include sidewalks, alleys
(not used for emergency of vehicle travel,
parking lots and plazas, adopted June
2022

Walk on Wilshire (parklet pilot program),
adopted August 2022

1 121

Costa Mesa City CouncilNovember 1, 2022

Costa Mesa City Council
November 1, 2022