1 TERAN, STACY
From: COLGAN, JULIE
Sent: Tuesday, August 1, 2023 1:51 PM
To: TERAN, STACY; GREEN, BRENDA
Cc: DRAPKIN, SCOTT; PARTIDA, ANNA
Subject: FW: Public Comment to Agenda Item #2 of tonight's meeting Attachments: 2023.08.01 Pub. Comnt. and LOI, Costa Mesa PC, (Signed).pdf Hi Brenda and Stacy,
Please see email below and attachment.
Thank you,
Julie Colgan
Executive Assistant
Development Services Department
77 Fair Drive | Costa Mesa | CA 92626 | (714) 754-5270
“The City of Costa Mesa serves our residents, businesses and visitors while promoting a safe, inclusive, and vibrant community.”
City Hall is open to the public 8:00 a.m. to 5:00 p.m. Monday through Thursday and alternating Fridays, except specified holidays. Appointments can be made online at www.costamesaca.gov/appointments.
Have you met…
Costa Mesa is launching a new permit and license processing system called TESSA in August. TESSA will replace our existing system and all land use, building and business license applications currently in process will be transferred to the new system. To learn more about TESSA, visit our FAQ page at https://www.costamesaca.gov/tessa.
From: James Dewey <[email protected]>
Sent: August 1, 2023 1:30 PM
To: PC Public Comments <[email protected]> Cc: GianDominic Vitiello <[email protected]>; Dan Zaharoni <[email protected]> Subject: RE: Public Comment to Agenda Item #2 of tonight's meeting
Hello Costa Mesa Planning Commission,
Attached, please find a public comment to be included as apart of tonight’s Public Hearing for the Appeal of Planning
Application 22‐04.
2 I understand the cutoff for public comments is usually noon, but if the attached letter could be included for tonight’s consideration, it would be greatly appreciated.
If you could kindly confirm whether or not the attached will be considered in tonight’s hearing, it would be greatly appreciated.
Thank you,
James J.M. Dewey
Attorney at Law
KV&K Katchko, Vitiello & Karikomi, PC
11835 West Olympic Boulevard
East Tower | Suite 860E
Los Angeles, CA 90064
Phone: (310) 943-9587 x 115 | Fax: (424) 204-0401
Direct Phone: (213) 314-9892
www.kvklawyers.com
PRIVILEGED AND CONFIDENTIAL COMMUNICATION: This email, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments, is strictly prohibited. If you have received this email in error, please notify me at [email protected] and permanently delete the original and any copy of any email, any attachments, and any printout thereof.
From: DRAPKIN, SCOTT <[email protected]>
Sent: Monday, May 22, 2023 12:13 PM
To: James Dewey <[email protected]>
Cc: Gilbert Segel <[email protected]>; Michael Segel <[email protected]>; Joubin Manoochehri <[email protected]>; GianDominic Vitiello <[email protected]>; Tatyana Brenner <[email protected]> Subject: RE: Public Comment to Agenda Item #2 of tonight's meeting
[EXTERNAL EMAIL]
James, please thank your client for the thoughtful recommendations.
Scott Drapkin
Assistant Director
Development Services Department
77 Fair Drive | Costa Mesa | CA 92626 | (714) 754-5278
“The City of Costa Mesa serves our residents, businesses and visitors while promoting a safe, inclusive, and vibrant community.”
City Hall is open to the public 8:00 a.m. to 5:00 p.m. Monday through Thursday and alternating Fridays, except specified holidays.
3 For expedited service, appointments are strongly encouraged.
From: James Dewey <[email protected]>
Sent: Monday, May 22, 2023 11:58 AM
To: PC Public Comments <[email protected]> Cc: Gilbert Segel <[email protected]>; Michael Segel <[email protected]>; Joubin Manoochehri <[email protected]>; GianDominic Vitiello <[email protected]>; Tatyana Brenner <[email protected]> Subject: Public Comment to Agenda Item #2 of tonight's meeting
Hello Costa Mesa Planning Commission,
Please see the attached public comment to be considered apart of Agenda Item #2 of tonight’s meeting,
If you could kindly confirm receipt of this attachment, it would be most appreciated.
Thank you,
James J.M. Dewey
Attorney at Law
KV&K Katchko, Vitiello & Karikomi, PC
11835 West Olympic Boulevard
East Tower |
Suite 860E
Los Angeles, CA 90064
Phone: (310) 943-9587 x 115 | Fax: (424) 204-0401
Direct Phone: (213) 314-9892
www.kvklawyers.com
PRIVILEGED AND CONFIDENTIAL COMMUNICATION: This email, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments, is strictly prohibited. If you have received this email in error, please notify me at [email protected] and permanently delete the original and any copy of any email, any attachments, and any printout thereof.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
KV&K KATCHKO, VITIELLO & KARIKOMI, PC
11835 W. Olympic Boulevard
East Tower - Suite 860E
Los Angeles, California 90064
P: 310 943 9587 · F: 424 204 0401
www.kvklawyers.com
August 1, 2023
James Dewey
[email protected]
VIA EMAIL
DBO Investments CM, LLC
d/b/a From The Earth
ATTN: Dan Zaharoni
10250 Constellation Blvd STE 2300A
Los Angeles, CA 90067
[email protected]
Costa Mesa Planning Division
77 Fair Drive
Costa Mesa, CA 92626
[email protected]
Re:
Site Address:
Applicant:
Application No.:
Hearing Date:
Letter Agreement
2790 Harbor Boulevard, Suite 107, 109, 115
Tri-Harmony Properties, LLC; DBO Investments CM, LLC d/b/a From the Earth
PA 22-04
August 1, 2023
Dear Mr. Zaharoni and DBO Investments CM, LLC,
Our office represents the landowner for 2750 Harbor Boulevard, Costa Mesa, CA 92626 (our “ Client”) and we write to you in a representative capacity on the l andowner’s behalf. On May 22, 2023, our Client’s public comment was dispatched to the Costa Mesa Planning Commission (the “Public Comment”) which concerned Planning Application No.
PA 22-04. PA 22- 04 is a request for a conditional use permit submitted on behalf of DBO Investments CM, LLC d/b/a From the Earth (“From The Earth ”), and Tri -Harmony Properties, LLC d/b/a Harbor Plaza, for the project located at 2790 Harbor Boulevard, Ste. 107, 109, and 115 (the “ Project”) to allow a 2,370-square-foot retail cannabis storefront with delivery within the existing building located at 2790 Harbor Boulevard. On August 1, 2023, an appeal will be heard on the Planning Commissions denial of PA 22-04.
Since the May 22, 2023 Planning Commission hearing, our C lient has discussed its concerns about the Project with Dan Zaharoni of From The Earth (“Mr. Zaharoni ” and together with From The Earth, the “Applicant”). In an effort to cooperate with one another, our Client and the Applicant have agreed to maintain the following operational standards, and subject to execution hereof, our Client has agreed to deem the concerns set forth in its Yelena Katchko
GianDominic Vitiello
Michael Karikomi
Tatyana Brenner
James Dewey
Of Counsel:
Edward Angwin
Rubina Andonian
Costa Mesa Planning Division
August 1, 2023
public comment regarding Planning Application No. PA 22-04 to be satisfied.
This Letter serves as a legally binding Letter of Intent (“LOI”) and memorializes the conditions upon which our Client is willing to withdraw its public comment. Upon execution of this Letter, Applicant and our Client will have agree d to work together to execute a more definitive agreement, and our Client shall be deemed to have been satisfied with respec t to the matters set forth in its Public Comment subject to Applicant’s performance pursuant to the terms of this LOI.
In an effort to mitigate our Client’s concerns as raised in the Public Comment, Applicant hereby agrees to the following Conditions:
1. The Applicant will have a private security guard or employee monitor the Project and immediate vicinity of the Subject Property;
2. The Applicant shall direct its security guard or employee monitoring the Project to inform any patrons to park in the parking s paces of the Project, and ask patrons to park in the parking spaces of the Project if such patron is seen parking in a neighboring property’s parking spaces;
3. Applicant will notify patrons that loitering on and around the retail site is prohibited and will post signage confirming that instruction;
4. To the extent that Applicant is permitted by the Reciprocal Parking agreement in place on the property to utilize not more than 3 parking spaces , the Applicant will enter into an agreement acknowledging particular parking spaces in the rear of the Subject Property for delivery vehicles only and not for retail customers;
5. The Applicant will have a dedicated representative available to accept and act upon complaints relating to the parking lot and/or other issues that arise from Applicant’s operations, and such representative’s contact information shall be made available to all businesses within the immediate vicinity of parking lot of the Projec t, including but not limited to all businesses operating from 2750 and 2752 Harbor Boulevard;
6. The Applicant will have a procedure and remediation plan in order to handle the impacts to parking related to Applicant’s customers and/or staff;
7. No signage will contain logos or information that identifies the cannabis goods and products offered by Applicant;
8. No signage will use images or depictions of cannabis or cannabis goods, or depictions of ingestion or consumption at the Project;
9. No promotional materials contained within or on the Project shall depict images or depictions of cannabis that is visible from the exterior of the Project; Costa Mesa Planning Division
August 1, 2023
10. Applicant will request that delivery vehicles not deliver product to the Project between 4pm and 7pm on weekdays;
11. An armed security guard will escort all vendors and staff from the delivery vehicle to the Project;
12. Applicant understands that a portion of the Project is connected to the electrical utilities account for 2750 Harbor Boulevard, and Applicant agrees to reimburse our Client for all electrical invoices associated with Applicant’s use of the Project within a reasonable time of presentation of same.
In exchange for the concessions referenced above, and upon the Applicant’s execution hereof, our Client agrees to support the Applicant’s request for a CUP.
This Letter shall be further governed by the following general conditions:
a. Limitation of Liability. No party shall make a claim against, nor be liable to, any other for any consequential, special, incidental or punitive damages, including, but not limited to lost profits, suffered by it because of the negotiations under this Letter or any performance or failure to perform under this Letter;
b. Independent Contractors. The parties hereto are independent contractors, and no party is the employee, agent or partner of the other absent a separate binding written agreement to that effect. Nothing contained in this letter will impair the rights of either party to assert their legal and/or contractual rights with regards to the Project , our Client’s property, or any other matters that might arise between the parties hereto.
c. Modifications. Any modifications to this letter must be in writing and signed by both parties hereto.
d. Review. The parties represent and warrant that they have conducted their own independent review of this letter and have consulted with legal professionals, or chosen not to of their own free will, prior to executing this letter.
Thank You,
KATCHKO, VITIELLO & KARIKOMI, PC
James Dewey Esq.
GianDominic Vitiello, Esq.
Costa Mesa Planning Division
August 1, 2023
ACKNOWLEDGED AND AGREED:
DBO INVESTMENTS CM, LLC,
a California limited liability Company
d/b/a From the Earth
By:
Name:
Title:
SRS COLLEGE CENTER,
a California limited partnership
By:
Name: Gilbert N. Segel
Title: Owner
Dan Zaharoni
Manager
From: Linda K
To: STEPHENS, JOHN; REYNOLDS, ARLIS; CHAVEZ, MANUEL; MARR, ANDREA; GAMEROS, LOREN; HARLAN, JEFFREY; HARPER, DON
Cc: [email protected]; SETHURAMAN, RAJA; CITY CLERK Subject: New Business Item #8, 8/1/23
Date: Tuesday, August 1, 2023 6:35:13 PM
To Mayor Stephens and Council Members,
Regarding New Business Item #8 and investigating an eviction ordinance.
My street on the West Side has many challenges.
We have 1/2 single family homes and 1/2 multi unit homes.
I want to share my current situation.
I live on Maple Street between Victoria and Wilson.
1. The owner of the duplex across the street passed away. His children inherited the property.
They notified the renters, the friendliest family on the block, that they would be renovating, and gave them notice.
This family did not want to move. They drove by on occasion to see what the new rent would be after months of renovations.
When the property finally listed, the price had gone up almost double! They couldn't afford it. I don't know what happened to them.
2. The duplex next store is currently for sale. Both hispanic families will have to move.
I'm sad to see 3 beautiful and diverse families moving away.
I bought in this neighborhood because of the diversity, trees and centralized location.
It feels like our West Side street is getting the brunt of the pain in adapting to a changing economy, increased population, and not enough housing.
Ultimately, we need more housing, but I hate to think of having any more housing on our street, because we have never been eligible for a parking permit and our street is overcrowded with cars at night.
Thank you for working to find a solution that can work for all of Costa Mesa.
Best Regards,
Linda Kraemer
Resident Costa Mesa District 4
Maple Street between Victoria and Wilson.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
From: Linda K
To: STEPHENS, JOHN; REYNOLDS, ARLIS; CHAVEZ, MANUEL; MARR, ANDREA; GAMEROS, LOREN; HARLAN, JEFFREY; HARPER, DON; CITY CLERK
Cc: [email protected]; SETHURAMAN, RAJA; AFEWORKI, SALEM Subject: Please move forward on a Climate Action Plan
Date: Tuesday, August 1, 2023 12:50:50 PM
To Mayor Stevens and City Council,
Thank you for all your hard work in making Costa Mesa a better place.
Thank you for hiring Salem Afeworki as the Energy and Sustainability Services Manager.
Costa Mesa is in very good hands!
Please prioritize the development of a strong CAP, hire a company to develop a greenhouse gas baseline, and establish bold measurable goals and outcomes.
We need cities to lead the way in Orange County. Costa Mesa has the potential to be a powerful climate leader if climate action is made a priority.
The time is right to scale the strengths and solutions already initiated in Costa Mesa. Costa Mesa has prominent large businesses that value sustainability (Vans, Volcom, Ikea), and has initiated programs to certify green businesses, protect open space, develop an active transportation plan and develop an inclusive housing plan.
Hopefully, energy efficiency and building electrification are included soon! Please take the next steps to develop a strong CAP.
Please let us know how we can support your efforts.
Thank you!
Linda Kraemer, M.S.
Costa Mesa resident
Chapter Chair
The Climate Reality Project: Orange County, CA Chapter
www.climaterealityoc.com
OC Clean Power - www.occleanpower.org
[email protected]
www.facebook.com/groups/climaterealityorangecounty
www.instagram.com/climatereality_orangecounty
Twitter: @climateoc
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
August 1, 2023
Mayor Stephens and Council Members
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA
RE: Require 10% Lower-Income Units at the Hive
Dear Mayor Stephens and Council Members:
We urge the City Council to require Legacy Partners to include an affordable housing set-aside at The Hive of at least 10% lower income units (5% very-low, 5% low-) as a condition of approving the substantial land use changes proposed tonight. Despite the lack of a formally adopted inclusionary housing ordinance (IHO), this 10% set-aside requirement is fair and reasonable, based on the example set by the City’s development agreement with One Metro West.
The size and density of The Hive and One Metro West are strikingly similar. The Hive will have 1,050 units and a density of 74 DU/A, while One Metro West will have 1057 units and a density of 80 DU/A. And, of course, location matters. Both large developments are north of the 405, an area that can command the highest rents in the city.
If One Metro West can afford to include 10% lower-income units, so can The Hive.
The community has spoken loudly on the need for affordable housing. At last week’s joint study session, many residents and community groups expressed strong support especially for requiring very-low-income units in new residential developments.
Costa Mesa must not let its slow progress in adopting an IHO result in lost opportunities to obtain lower income units in new developments like The Hive. This is especially true
tonight, given that the property at issue is included as an opportunity site in the Housing Element. Costa Mesa needs lower-income units at this development in order to meet its lower-income RHNA requirements. We urge you to act accordingly.
Respectfully,
Kathy Esfahani,
On behalf of the Costa Mesa Affordable Housing Coalition
cc: Paul McDougal, Dept. of Housing and Community Development Richard Walker, Public Law Center
Cesar Covarrubias, Kennedy Commission