Edible cannabis product means manufactured cannabis that is intended to be used, in whole or in part, for oral human consumption including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. An edible cannabis product is not considered food as defined by California Health and Safety Code Section 109935 or a drug as defined by California Health and Safety Code Section 109925.
Financial interest holder shall have the same meaning as set forth in Title 4, Division 19, section 15004 of the California Code of Regulations.
Free sample means any amount of cannabis goods provided to a patron of a business or member of the public without cost or payment or exchan ge for any other thing of value.
Green Zone means those portions of the manufacturing park (MP) and planned development industrial (PDI) zones that are located both north of South Coast Drive and west of Harbor Boulevard, excluding any portion of the South Coast Collection.
Homeless shelter has the same meaning as emergency shelter.
Labor Peace Agreement has the same meaning set forth in Business and Professions Code section 26001.
Manufacturing site means a location where cannabis products are manufactured.
Marijuana means “cannabis,” as that term is defined in this chapter.
Marijuana activity and/or cannabis activity includes manufacture, processing, laboratory testing, research and development, transporting, delivery, dispensing, distribution, furnishing, giving away or sale, or arranging and/or directing any of the foregoing, or any other activity involving cannabis or a cannabis product.
Marijuana business and/or cannabis business means any business or operation which engages in any marijuana or cannabis activity.
Marijuana business permit has the same meaning as cannabis business permit.
Patient or qualified patient shall have the same definition as California Health and Safety Code section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code section 11362.5. For purposes of this chapter, a qualified patient shall include a person with an identification card as that t erm is defined by California Health and Safety Code section 11362.7 et seq.
Person with an identification card shall have the meaning given that term by California Health and Safety Code section 11362.7.
233
Playground shall mean and include both a public playground located in a city park and a private playground. A private playground shall mean a privately-owned outdoor recreation area, including a tot lot, containing playground equipment or amenities such as swings, slides, sandboxes, or similar installations designed for use by minors and serving either the general public or residents of a development where the playground equipment is located, including residential subdivisions and/or developments such as apartments, townhomes and/or condominium complexes, mobile home parks or other similar residential uses, as well as playground equipment serving registered guests at hotels and motels. A private playground does not include a playground or playground equipment installed at a single -family residence, or play equipment that is part of a privately -owned commercial business or place of worship, or a playground that is access -controlled during operating hours or does not have direct access from the public right -of-way. A private playground does not include areas designated for use as a playing field or court, pool, or skate facility.
Premises shall have the same meaning as set forth in Business and Professions Code section 26001 sub-section (ap) for purposes of measuring the required distance from retail storefront uses to those uses set forth in section 13-200.93(e)(1).
Processing and processor shall have the same meaning as manufacturing and manufacturer, respectively.
Property shall mean any single development lot that has been subdivided bearing its own assessor’s parcel number or with an approved subdivision map or condominium map unless the context clearly indicates a different meaning.
Research and development laboratory means a facility, entity, or site in the cit y that performs research into and/or the development of cannabis or cannabis products, where cannabis in any amount is located on-site, and that is both of the following:
1. Accredited by an accrediting body that is independent of all other persons involved in the cannabis industry in the state.
2. Registered with the State Department of Public Health, and is owned and operated by a person issued a valid cannabis business permit for laboratory testing from the city and is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and cannabis activities.
South Coast Collection or SoCo means all properties located at 3303 through 3323, inclusive, Hyland Avenue, in the City of Costa Mesa, commonly known as “SoCo” or “SOCO.”
State means the State of California, including any of its departments, divisions, and/or bureaus.
State license means a permit or license issued by the state to engage in cannabis activity.
Youth center means any public or private facility that is primarily used to host recreation or social activities for minors, specifically private youth membership organizations or clubs, social services teenage club facilities, video arcades where ten (10) or more games or game mac hines or devices 234
are operated or similar amusement park facilities, but does not include dance studios, tutoring, martial arts studios or similar type of uses.
9-486. Type of authorized cannabis businesses permitted. (a) One (1) or more of the following types of adult (A -license) and/or medical (M -license) cannabis business may be permitted to operate within the city:
1. Cannabis distributor (includes license classification type 11);
2. Cannabis manufacturer (includes license classification type 6 and 7);
3. Cannabis testing laboratory (includes license classification type 8);
4. Cannabis retail - storefront (includes license classification type 10);
5. Cannabis retail - non-storefront (includes license classification type 9); and
6. Cannabis research and development laboratory.
(b) Businesses permitted pursuant to this chapter shall not engage in the retail sale, delivery or dispensing of cannabis, cannabis product, hemp or hemp products unless expressly permitted to do so pursuant to the terms of their cannabis business permit. (c) No person may engage in any type of cannabis business that is not specifically authorized pursuant to this section and this code, including, but not limited to, cultivating cannabis. (d) The City Council may by resolution limit and/or restrict the number of cannabis retail permits available for issuance and/or renewal.
9-487. Cannabis business permit required to engage in a cannabis business.
No person may engage in any cannabis business or in any cannabis activity within the city including manufacturing, processing, lab oratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person: 1) has a valid cannabis business permit from the city that authorizes the specific business and activity at specific location; 2) has a va lid business license issued to the entity that is listed on the cannabis business permit; and 3) is currently in compliance with all other applicable state and local laws and regulations pertaining to the cannabis business and cannabis activity. All cannabis business permits shall include a copy of a written notice to any existing tenant of the proposed business premises from the owner of the property of the intent to file a cannabis business permit application for those premises.
9-487.3. Disclosure of Financial Interest Holders Required.
Any and all financial interest holders must be disclosed to the City as part of any application for issuance and/or renewal of a cannabis business permit.
9-487.5. Change in business name.
No operator shall operate, conduct, manage, engage in, or carry on a cannabis business under any name other than the business name specified in the permit and/or any “doing business as” or “DBA”, or “fictitious business name” or “FBN”, provided in the permit application and/or business license.
Proof of the “DBA” or “FBN” filing with the County Clerk Recorder shall be required. Any approved changes and/or updates to the permit may require payment of fees as set by resolution of the City Council.
235
9-488. Term of permit-Fees.
(a) A cannabis business permit shall be valid for two (2) years from the date of issue, unless otherwise suspended or revoked, and may be renewe d bi-annually thereafter, provided the permittee and application for renewal are in compliance with all of the provisions of this chapter as well as all administrative regulations adopted pursuant to section 9-497. (b) Cannabis business permit application fees and renewal fees shall be established by resolution of the city council as may be amended from time to time. Failure to timely submit fees and/or comply with the administrative regulations governing applications an d/or renewals shall be grounds for denial of application and/or renewal.
9-489. Effect of state license suspension, revocation, or termination.
Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the city, until the State of California, or its respective departments or divisions, reinstates or reissues the State license within 90 days. Should the state license remain suspended for 90 days or longer, any permit issued pursuant to this chapter shall expire and be of no further force and effect. Should the State of California, or any of its departme nts or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a business permitted pursuant to this chapter including the persons and entities set forth in section 9-490(c) to operate any cannabis business within the city for a period of five years from the date of such revocation or termination.
9-490. Denial and revocation.
(a) Revocation. A cannabis business permit may be revoked and/or suspended pursuant to the procedures of section 9 -120, and/or deemed abandoned or forfeited pursuant to the procedures of section 9 -495, for failing to comply with the terms of the permit, the applicable provisions of this chapter, this Code, city regulations, state law or regulations and/or any conditions of any other permit issued pursuant to this Code. (b) Denial. An application for a cannabis business permit may be denied where it fails to provide all required information, documentation and/or fees and/or where it does not or would not be able to comply with the applicable provisions of this chapter, this Code, city regulations and/or state law or regulations and/or where the applicant is otherwise ineligible for such permit.
(c) Effect of revocation and denial. Whenever an application for a permit is denied, no other similar application by such applicant or permittee will be considered for a period of one (1) year from the date of the denial of an application. Whenever a permit has been revoked, no other similar application by such permittee shall be considered for a period of five (5) years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following:
1. Any individual whose permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member 236
of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a new permit.
2. A corporation, profit or nonprofit, whose permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any por tion of the shares in another corporation seeking to obtain a new permit.
(d) Ineligibility. In addition to any other law, no person or entity shall be eligible for and/or receive a cannabis business permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity’s shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal cannab is activity involving sales, delivery and/or dispensing in the city, or had an ownership interest in any property set forth in section 13 -200.93(e)(5), in the five (5) years preceding an application under this chapter or during the application process. A determination of ineligibility under this sub -section (d) may be made by the City Manager and shall be based on the preponderance of the evidence . This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal co nviction that has been dismissed, withdrawn, expunged or set aside or is otherwise exempted pursuant to sections 9 - 495(g)(10) and/or 9-496(b).
9-491. Appeals.
Notwithstanding any other provision of this code, only a decision by the city manager to suspend, revoke or deny a cannabis business permit under this chapter shall be subject to appeal, which shall be governed by the procedures set forth in Chapter IX of Title 2 of this code.
9-492. Prohibition on transfer of cannabis business permits.
In the event a permit holding cannabis business sells or transfers the business to a new owner and/or operates the business under a new entity and/or name not listed on the permit, the new owner must obtain a new cannabis business permit and business license prior to commencing or continuing operations. A cannabis business shall be deemed to have tran sferred to a new owner within the meaning of this section if person(s) or entities with controlling interest at the time the permit was first issued cease(s) at any time to possess controlling ownership interest and/or hold an ownership interest of less than fifty-one (51) percent.
9-493. City business license required.
Prior to commencing operations, a cannabis business and any financial interest holder therein shall each separately obtain and thereafter maintain a valid city business license pursuant to Chapter I of this title. Failure to hold a valid business license at all times shall render the cannabis business permit invalid.
9-494. Conditional use permit required.
No cannabis business permit shall be issued, and no person shall conduct a cannabis business unless a conditional use permit has been issued therefore pursuant to the provisions of Title 13, Chapter IX, Article 21 of this Code. Approval of a conditional use permit shall not waive any other 237
requirements of State or local law or regulation, including, but not limited, to the requirement to obtain a building permit, certif icate of occupancy, cannabis business permit and/or city business license.
9.494.5 Maximum cannabis retail storefront cannabis business permits.
A maximum of thirty five (350) storefront retail cannabis business permits may be issued by the City; provided , however, that City will only process applications which have passed the pre - application phase as of the effective date of this ordinance . Thereafter, no further storefront retail cannabis business permits for new locations may be issued by the City until the total number of operating licensed storefront retail establishments fall below tenfifteen (105), after which time the City may issue further cannabis business permits not to exceed tenfifteen (105) total active storefront retail cannabis business permits operating at one time.
9-495. Operating requirements for all cannabis businesses permitted under this chapter. (a) Records and recordkeeping.
1. Each owner and operator of a cannabis business shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than a quarterly basis or at any time upon reasonable request of the city, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous three (3) month period (or shorter period based upon the timing of the reques t), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid.
Each owner and operator shall keep and preserve for a period of no less than seven (7) years, all records as m ay be necessary to determine the amount of such tax the operator may have been liable to collect and remit to the city.
2. Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (includ ing the name, address, telephone number, a copy of that person’s government issued identification, and email address) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents and volu nteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the city manager upon a reasonable request.
3. All cannabis businesses shall maintain an inventory control and reporti ng system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the production or manufacturing, laboratory testing and distribution processes.
4. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA), each cannabis business shall allow city officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents 238
will be produced no later than twenty -four (24) hours after receipt of the city’s request, unless otherwise stipulated by the city.
5. Each owner and operator of a cannabis business shall disclose to the City the names and addresses of each and every financial interest holder of that business within ten (10) calendar days of that person becoming a financial interest holder of the cannabis business, and thereafter shall notify the City within ten (10) business days if that person or entity ceases to be a financial interest holder. Each financial interest holder shall obtain a business license pur suant to section 9 -493 within thirty (30) days of becoming a financial interest holder of that business.
(b) Security measures.
1. A permitted cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. These security measures shall include:
a. Establishing limited access areas accessible only to authorize d cannabis business personnel;
b. All cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, and shall be kept in a manner as to prevent diversion, theft, and loss;
c. Sensors shall be installed to detect entry and exit from all secure areas; d. Having a professionally installed, maintained, and monitored alarm system; e. Any bars to be installed on the windows or the doors of the cannabis business for security p urposes, if permitted by the city, shall be installed only on the interior of the building;
f. Security personnel if utilized must be licensed by the State of California Bureau of Security and Investigative Services Personnel, shall comply with the requirements of California Business and Professions Code Chapters 11.4 and 11.5 of Division 3, and have a valid business license from the city; and g. Each cannabis business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
2. Each cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager regarding any security related measures or and operational issues.
3. A cannabis business shall notify the city manager within twenty-four (24) hours after discovering any of the following:
a. Significant discrepancies identified during inventory, as set forth in the city’s administrative regulations;
b. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business; or
c. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the cannabis business and/or cannabis sales.
239
(c) Restriction on alcohol sales. No person shal l cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the cannabis business. (d) Compliance with laws. It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate state law or local law with respect to the operation of a cannabis business or any site -specific, additional operating procedures or requirements which may be imposed as conditions of approval of the location of the cannabis business.
(e) Taxes. All cannabis businesses authorized to opera te under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each cannabis business shall cooperate with the city with respect to any reasonable request to audit the cannabis business’s books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period. (f) Insurance. Permittee shall obtain and maintain at all times during the term of the permit comprehensive general liability insurance and comprehensive automotive liability insurance protecting the permittee in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than one million dollars ($1,000,000.00) aggregate for each personal injury liability, products-completed operations and each accident, issued by an insurance pro vider rated at least A -:VIII in A.M. Best and Company’s Insurance Guide and either admitted and authorized to do business in California or is listed on the California Department of Insurance’s List of Approved Surplus Line Insurers.
(g) Miscellaneous operating requirements.
1. Restriction on consumption. Cannabis shall not be consumed on the premises of any cannabis businesses or elsewhere in the city other than within private residences.
2. No cannabis or cannabis products or graphics depicting cannab is or cannabis products shall be visible from the exterior of any property issued a cannabis business permit, or on any of the vehicles owned or used as part of the cannabis business except as otherwise expressly allowed by this chapter. No outdoor storage of cannabis or cannabis products is permitted at any time.
3. Reporting and tracking of product and of gross sales. Each cannabis business shall have in place a point-of-sale tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale). The cannabis business shall ensure that such information is compatible with the city’s record -keeping systems.
The system must have the c apability to produce historical transactional data for review by the city manager.
4. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with all state and local regulations.
5. There shall not be a physician located in or around any cannabis business at any time for the purpose of evaluating patients for the issuance of a cannabis prescription or card.
240
6. Signage, notices, and advertising.
a. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of this Code, including, but not limited to, seeking the issuance of a c ity sign permit.
b. Each entrance to a cannabis retail business shall be visibly posted with one clear and legible notice up to twelve (12) inches by eighteen (18) inches in size, indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited. The word “cannabis” is allowed to be used up to two times on each of these specific notices. Letter height in the notice shall be limited to up to one (1) two (2) inches inch in size. All notice lettering shall be the same font and color. c. Business identification signage shall be limited to that needed for identification only.
d. The business shall at all times comply with the advertising and marketing restrictions of Business and Professions Code sections 26150 -26156, in addition to the requirements of this code.
e. Cannabis business advertising and/or marketing materials in the city shall not encourage persons under 21 years of age to consume cannabis or cannabis products and shall not depict and/or suggest in any way the consumption of cannabis or cannabis product s comply with advertising, marketing and merchandising restrictions provided in California Code of Regulations sections 15040-15041.1 and California Business and Professions Code sections 26150 - 26156.
7. Minors.
a. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis business, except as otherwise specifically provided for by state law. It is unlawful and a violation of this chapter for any person to employ any person at or for a cannabis business who is not at least twenty -one (21) years of age.
b. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the can nabis business except as specifically provided for herein.
8. Odor control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site.
9. Display of permit and city business license. The original copy of the cannabis business permit issued by the city pursuant to this chapter and the city -issued business license shall be posted inside the cannabis business in a conspicuous location.
10. Background check. Every owner, manager, supervisor or employee of the cannabis business must submit fingerprints and other information deemed necessary by the city manager for a background check by the Costa Mesa police department to verify that person’s criminal history. No perso n shall be issued a permit to operate a cannabis business who has been convicted of a felony within the past seven (7) years, 241
unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to Penal Code section 1203.4, 1000 or 1385, or who is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance.
Exempted from this prohibition is a conviction for a felony involving cannabis and/or marijuana for which the underlying cannabis or marijuana offense has subsequently been designated a misdemeanor or infraction or decriminalized pursuant to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act or federal law.
11. Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.
12. Permits and other approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to operate.
13. Free samples. No cannabis business shall provide or cause to be provided any free sample of cannabis goods to any person within the city.
14. A licensed retailer may only sell cannabis goods, cannabis accessories, and licensees’ branded merchandise or promotional materials.
(h) Additional operating requirements for retail sale (storefront) businesses. In addition to every other requirement of this section, other than those set forth in subsection (i) ( retail sale, non-storefront) that are expressly inapplicable, every business that sells cannabis as a storefront retailer shall comply with the following requirements:
1. All cannabis retail storefront operators are encouraged to have a licensed private security guard present at the premises twenty -four (24) hours per day. The security plan shall include at least one (1) licensed private security guard or guards who shall be present at the premises at all times during operations, deliveries of any cannabis product to or from the premises, and transportation of cash to or from the premises, exterior lighting, and continuous video monitoring and recording of the interior and exterior of the premises. Video surveillance recordings must also include video of all entryways and exits of the premises.
All video recordings shall be maintained for a minimum of ninety (90) days. At the request of the Chief of Police or designee, based upon site-specific concerns or safety incidents, at least one (1) licensed private security guard or guards may be required to be present at the premises twenty-four (24) hours per day.
2. Both the private security guard and the business personnel shall monitor the premises and the immediate vicinity of the premises to ensure that patrons immediately leave the premises and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot, and shall ensure that persons do not loiter, linger, or otherwise congregate within fifty (50) feet of the premises.
3. There shall be no on-site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on -site consumption of food, alcohol, cannabis or tobacco by patrons.
242
4. Hours of operation shall be limited to: 7:00 a.m. to 10:00 p.m. daily , unless further restricted by conditions of approval. No licensed retail business shall be open to the public between the hours of 10:01 p.m. and 6:59 a.m. of any day.
5. The cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location:
a. Unlawful sale, barter or distribution of cannabis is a crime and subject to a fine or arrest.
b. Loitering on and a round the retail premises is prohibited by California Penal Code section 647 and that patrons must immediately leave the premises and not consume cannabis in the vicinity and/or on the property or in the parking lot.
c. A warning that patrons and/or employees may be subject to prosecution under federal cannabis laws, if applicable.
d. That the use of cannabis may impair a person’s ability to drive a motor vehicle or operate machinery and that doing so is illegal.
6. No one under the age of twenty -one (21) shall be allowed to enter the premises of a cannabis business unless the business holds a retail medical cannabis license (M - license) issued by the State.
7. No person shall be permitted to enter the premises without government -issued identification, and cannabis good s may not be provided to any person, whether by purchase, trade, gift, or otherwise, who does not possess a valid government-issued identification and who does not meet the age requirements of this Chapter.
8. Electronic age verification device required. Proo f of age of every person other than employees entering the business shall be verified with an electronic age verification device, prior to entry of the retail area or delivery to that person. The electronic age verification device may be mobile or fixed, a nd shall be able to retain a log of all scans that includes the following information: date, time, and age. Said log shall be kept for a minimum of one hundred eighty (180) business days and all records shall be made available to the City Manager upon requ est.
9. Point-of-sale tracking required. The business shall facilitate the sale, making available, furnishing and/or delivery of cannabis goods with a technology platform that uses point -of-sale technology to track, and database technology to record and store, the following information for each transaction involving the exchange of cannabis goods between the business and consumer:
a. The date and time of transaction.
b. The first name and employee number of the employee who processed the sale of cannabis goods on behalf of the business.
c. A list of all the cannabis goods purchased, including the quantity purchased. d. The total amount paid for the sale, including the individual prices paid for cannabis or cannabis products purchased, and any amounts paid for taxes.
10. Cannabis retail businesses shall also record on the video surveillance system point - of-sale areas and areas where cannabis goods are displayed for sale.
11. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location.
12. Shipments of cannabis goods may only be accepted during regular business hours. 243
13. Inventory shall be secured using a lockable storage system during non -business hours.
14. No cannabis product shall be visible from the exterior of the business.
15. All required labelling shall be maintained on all product, as required by State law, at all times.
16. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after permit issuance by the city to commence operations, after which the permit shall be void and of no further force and effect. A cannabis retail business shall be considered nonoperational and abandoned after failing to report income and/or reporting no income to the city in any one quarter, ceasing to operate, losing the right to occupy the permitted premises or otherwise failing to maintain an on - going permitted business at the premises for a total of ninety (90) days in any twelve (12) month period. A notice of determination of abandonme nt shall be delivered to the premises of the retail business and is subject to appeal pursuant to Chapter IX of Title 2. The forgoing notwithstanding, a permitted commercial cannabis business may temporarily suspend operations for a period of time not to e xceed ninety (90) days as may be reasonably required to affect upgrades, modifications, repairs, and/or to remedy other real property related problems, as approved in writing by the director or city manager.
17. Obtain and maintain at all times during the term of the permit the insurance required pursuant to subsection (f) of this section in the minimum amounts of two million dollars ($2,000,000.00), and enter into an agreement approved by the city attorney to defend, with attorneys of city’s choosing, indemnif y, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, cos ts and expenses (including, without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permittee or the permittee’s activities. This i ndemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding, and shall not be limited by the types and/or amounts of insurance required herein;
18. For an applicant with two or more employees, provide a notarized statement that the applicant will enter into, or demonst rate that it has already entered into, and abide by the terms of a labor peace agreement as otherwise required by Business and Professions Code section 26105.5.
(i) Additional operating requirements for retail sale (non -storefront) delivery businesses . In addition to every other requirement of this section, except only for subsection (h)(1) through (5) and (10) (retail sale, store-front), every business that sells and/or delivers cannabis as a non-store front retailer shall comply with the following requirements:
1. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this chapter, and in compliance with all State regulations.
244
2. All employees who deliver cannabis shall have valid identification and a copy of the retail business' cannabis business permit and State license at all times while making deliveries.
3. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law.
4. Deliveries may only take place during normal business hours of the commercial cannabis retail business.
5. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with State law.
6. A licensed delivery employee shall not leave the State of Cali fornia while possessing cannabis products while performing his or her duties for the cannabis retailer.
7. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product del ivered, and any other information required by the State.
8. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours.
9. Any delivery method shall be made in co mpliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient).
10. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information:
a. Name and address of the commercial cannabis retail business. b. The name of the employee who delivered the order.
c. The date and time the delivery request was made.
d. The complete delivery addresses.
e. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested.
f. The total amount paid for the delivery including any fees or taxes. g. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery.
h. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement.
i. Inspections by an authorized City representative may be conducted anytime during regular business hours.
11. Delivery must be made to a physical address that is not on publicly owned land, a school, a day care, or a youth center.
12. The delivery employee shall not carry cannabis goods valued in excess of $5,000 at any time with no more than $3,000 of cannabis goods that are not already part of a customer order that was processed prior to leaving the premises.
13. Delivery must be made in person by a direct employee of the licensed retailer. An independent contractor, third -party courier service, or an individual employed 245
through a staffing agency would not be considered directly employed by the licensed retailer.
9-496. Cannabis employees.
(a) Any person who is an employee or who otherwise works within a cannabis business must be legally authorized to do so under applicable state law. (b) No cannabis business or owner thereof may employ any person who has been convicted of a felony within the past seven (7) years, unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to Penal Code section 1203.4, 1000 or 1385, or who is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance. Exempted from this prohibition is a conviction for a felony involving cannabis and/or marij uana for which the underlying cannabis or marijuana offense has subsequently been designated a misdemeanor or infraction or decriminalized pursuant to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act or federal law. (c) All em ployees must wear an identification badge while on the premises of the business, in a format authorized by the city manager. Any person employed by a single employer at multiple locations in the City may be required to obtain only one identification badge.
9-497. Promulgation of administrative regulations.
(a) The city manager is also authorized to establish any additional administrative rules, regulations, policies, procedures and/or standards governing the issuance, denial or renewal of cannabis business permits, or concerning any other subject necessary to carry out the purposes of this chapter.
(b) Regulations promulgated by the city manager shall become effective upon the date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations policies, procedures and/or standards adopted by the city manager. (c) Such administrative rules, regulations and/or standards may include establishing standards and timing for application processing, including but not limited to providing priority for existing licensees in good standing.
9-498. Inspection and enforcement.
(a) The city manager is charged with enforcing the provisions of the Costa Mesa Municipal Code, or any provision thereof, and may enter the location of a cannabis business at any time during the hours of operation without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this title or under applicable provisions of state law. (b) It is unlawful for any person having responsibility for the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this chapter or under state or local law.
It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any 246
records, recordings or other documents required to be maintained by a cannabis business under this chapter or under state or local law.
9-499. Violations.
(a) Violations declared a public nuisance. Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance. (b) Each violation a separate offense. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Costa Mesa Municipal Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city of any moni es unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws f or any violations committed by the cannabis business or persons related to, or associated with, the cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or the chief of po lice, may take immediate action to temporarily suspend a cannabis business permit issued by the city, pending a hearing before the city council.
(c) Criminal penalties. Each and every violation of the provisions of this chapter may be prosecuted as a m isdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the County Jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (d) Remedies cumulative and not exclusive. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.
247
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-101 Meeting Date: 4/16/2024
TITLE:
REVIEW OF THE PLANNING COMMISSION’SDECISION TO APPROVE MINOR CONDITIONAL USE PERMIT APPLICATION ZA-22-11 FOR A DRIVE-THROUGH OPERATION AND A REDUCTION OF REQUIRED PARKING; DEVELOPMENT REVIEW (PDVR-23-0003) TO ALLOW THE DEMOLITION OF AN EXISTING 25,159-SQUARE-FOOT COMMERCIAL BUILDING AND TO CONSTRUCT A NEW 2,913-SQUARE-FOOT RAISING CANES RESTAURANT WITH 1,303 SQUARE FEET OF COVERED OUTDOOR PATIO AREA; MINOR MODIFICATION PMND-23-0003 TO ALLOW FOR A DECREASE OF 20% IN REQUIRED FRONT YARD/LANDSCAPE SETBACK; FOR A PROPERTY LOCATED AT 1595 OLD NEWPORT BOULEVARD
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/
PLANNING DIVISION
PRESENTED BY: CHRISTOPHER ALDANA, ASSISTANT PLANNER
CONTACT INFORMATION: CHRISTOPHER ALDANA, ASSISTANT PLANNER, (714) 754- 4868
RECOMMENDATION:
Staff recommends that the City Council review the Planning Commission’sdecision to approve ZA-22 -11, PDVR-23-0003, and PMND-23-0003.
248
249
250
251
252
253
254
255
256
ATTACHMENT 1
Resolution No. 2024-xx Page 1 of 13
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COU NCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION ’S DECISION AND APPROVE MINOR CONDITIONAL USE PERMIT APPLICATION ZA -22-11 FOR A DRIVE-THROUGH OPERATION AND A REDUCTION OF REQUIRED PARKING; DEVELOPMENT REVIEW (PDVR -23-0003) TO ALLOW THE DEMOLITION OF AN EXISTING 25,159-SQUARE-FOOT COMMERCIAL BUILDING AND TO CONSTRUCT A NEW 2,913 -SQUARE-FOOT RAISING CANES R ESTAURANT WITH 1,303 - SQUARE-FEET OF COVERED OUTDOOR PATIO AREA; MINOR MODIFICATION PMND-23-0003 TO ALLOW FOR A DECREASE OF 20% IN REQUIRED FRONT/LANDSCAPE DEPTH; FOR A PROPERTY LOCATED AT 1595 OLD
NEWPORT BOULEVARD
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, Zoning Application 22-11, Development Review DRVR-23-0003, and Minor Modification PMND -23-0003 was filed by Jay Higgins, authorized agent for the property owner, requesting approval of the demolition of an existing 25,159-square-foot furniture store and the construction of a new 2,913 -square-foot drive-through restaurant (Raising Cane’s) with a drive-thru, and 1,303 square feet of outdoor patio area.:
WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 12, 2024 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Planning Commission on a 4-2 vote; WHEREAS, on February 20, 2024 Council Member Arlis Reynolds filed a request for the City Council review of the Planning Commission’s decision; WHEREAS, a duly noticed public hearing was held by the City Council on April 16, 2024 with all persons having the opportunity to speak for and against the appeal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of CEQA per Section 1530 3 (Class 3) for New Construction and Conversion of Small Structures, and Section 15332 (Class 32) in -fill development projects;
WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.
WHEREAS, the City Council has considered all public comments which have been received either in writing or at the public hearing.
257
Resolution No. 2024-xx Page 2 of 13
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:
BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit A , the City Council hereby approves ZA-22-11, PDVR -23-003, PMND-23-003 with respect to the property described above.
BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Zoning Application -22-11 and upon applicant’s compliance with each and all of the conditions in Exhibit B , and compliance with all applicable federal, State, and local laws. Any approval granted by this resolution shall be subject to review, modification, or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolu tion, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.
PASSED AND ADOPTED this 16th day of April, 2024.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
258
Resolution No. 2024-xx Page 3 of 13
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 is the original of Resolution No. 2024-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of April 2024, 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 17th day of April 2024.
_________________________________
Brenda Green, City Clerk
259
Resolution No. 2024-xx Page 4 of 13
EXHIBIT A
FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) – Review Criteria in that:
Costa Mesa Municipal Code section 13-29 (e) Review Criteria – “Compatible and harmonious relationship between the proposed building and site developmen t, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood”.
The proposed use is compatible and harmonious with developments in the same general area in that the restaurant would replace an existing commercial use that is generally surrounded by other commercial and industrial uses. The use as conditioned is not expected to generate excessive noise, traffic, odors or other detrimental effects on the surrounding uses. Per Condition of Approva l No. 34, the use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. In addition, the applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement.
“Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation”.
The project includes the development of a new building, parking areas and landscaping. Pedestrian access to the site is provided at the intersection of East 16th Street and Old Newport Boulevard with a walkway leading to the restaurant patio area and the restaurant entrance. A traffic study was submitted with the project that determined the proposed drive -through lanes would accommodate the maximum anticipated vehicle queue and the restaurant operations would not result in a significant change in intersect ion LOS . Pursuant to Condition of Approval No. 6, if parking shortages or other parking-related problems occur, the operator must institute appropriate operational measures necessary to minimize or eliminate the problem. The Police Department has reviewed the proposed project and suggested requiring on-site security guards from 9 P.M. to closure for the first year of operation (the applicant has agreed to provide this security).
“Compliance with any performance standards as prescribed elsewhere in th e Zoning Code”.
The proposed project is in compliance with the Zoning Code and the project proposed deviations, as described in the staff report, are allowed subject to standards and findings.
260
Resolution No. 2024-xx Page 5 of 13
“Consistency with the general plan and any applicable specific plan”.
The proposed commercial restaurant use is located on an existing commercial property that has a General Plan land use classification of “General Commercial”.
The project site is located within the “19 West Plan Urban Plan”; however, the applicant is not applying for a Master Plan Mixed-Use development, so the design guidelines within the Urban Plan do not apply.
“The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development”.
The application is for a project -specific case to construct a fast-food restaurant on an existing commercial lot. The project meets all applicable development standards and design guidelines for commercial structures in the C2 zoning district and is consistent with the general plan land use designation of “General Commercial”. The proposed development would not be precedent-setting as each application is reviewed on a case-by-case basis.
B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(2) – Minor Conditional Use Permit in that:
“The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area”.
The proposed use is compatible and harmonious with developments in the same general area in that the restaurant would replace an existing commercial use that is surrounded by other commercially zoned properti es. The use as conditioned will not generate excessive noise, odor, traffic or other detrimental effects on the surrounding uses. Per Condition of Approval No. 34, the use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood.
“Granting the minor conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood”.
The project proposes a new commercial use on an existing developed commercial property. The project has been reviewed for potential effects to public health, safety, traffic, parking, noise and odor. Specific analysis was also completed for potential effects to a nearby residential development and concluded that no significant impacts would result.
“Granting the minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property”.
261
Resolution No. 2024-xx Page 6 of 13
Granting the minor conditional use permit will not allow a use, density or intensity, which is not in accordance with the general plan designation and the applicable Urban Plan for the property. The project is a permitted use and, as conditioned, the drive-through restaurant will not generate noise, odor, traffic or parking effects unusual for a commercially zoned property. Lastly, the proposed project is consistent with applicable policies and objectives of the 2015-2035 General Plan as described in the staff report.
C. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(6) – Minor Modification in that:
The proposed project complies with the applicable Costa Mesa Municipal Code Section 13-29(g)(6) – Minor Modification:
“The improvement will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood”.
The project proposes a minor modification for the new building to encroach into the 20-foot required front/landscape setback. The encroachment is limited to only a small portion of the building, and the encroachment does not result in a perceived shortage in landscaping or significant building mass along the street frontage. Therefore, the proposed encroachment would not result in detrimental effects to public health, safety, and general welfare.
“The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity. This includes the site planning, land coverage, landscaping, appearance, scale of structures, open space and any other applicable features relative to a compatible and attractive development”.
The project design includes a new building and associated site improvements that enhances the existing and anticipated development in the vicinity. The project site planning, land coverage, landscaping, appearance, scale of structures and open space is not inhibited by the proposed minor modification encroachment.
262
Resolution No. 2024-xx Page 7 of 13
EXHIBIT B
CONDITIONS OF APPROVAL
1. The use shall be limited to the type of operation as described in the staff report and conditions of approval. Any change in the operational characteristics of any use including, but not limited to, the hours of operation and addi tional services provided, shall require review by the Planning Division and may require an amendment subject to approval by the Zoning Administrator. The approved hours of operation are Sunday through Wednesday - 9 AM to 2 AM, and Thursday through Saturday - 9 AM to 3:30 AM.
2. The licensee shall not employ or use the services of any full - or part-time active or reserve peace officer currently employed by the City of Costa Mesa or any contiguous agency for security purposes.
3. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute appropriate security and operational measures are necessary to comply with this requirement.
4. The conditions of approval for ZA-22-11 shall be blueprinted on the face of the site plan as part of the plan check submittal package.
5. Odor control devices and techniques shall be incorporated to ensure that odors from the restaurant use are not detected outside the property.
6. If parking shortages or other parking -related problems arise, the operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, reducing the operating hours of the restaurant and/or providing additional parking through a valet service or off-site parking (subject to review and approval as outlined in the Municipal Code).
7. Live entertainment and amplified music or sound shall be prohibited.
8. All physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) related to the outdoor dining area that are visible from the public right -of- way shall be compatible with one another and with the overall character and design of the principal structure; as well as, kept in good condition.
9. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. Occupant loads for the open patio area and the enclosed building area shall be calculated and posted separately
10. No modification of the approved building elevations including, but not limited to, changes that increase the building height, removal of building articulation, or a change of the finish materials(s), shall be made during construction without prior Planning Division written approval. Failure to obtain prior Planning Division approval of the modification could result in the requirement of the applicant to reprocess the modification through a discretionary review 263
Resolution No. 2024-xx Page 8 of 13
process such as a minor design review or a variance, or in the requirement to modify the construction to reflect the approved plans.
11. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are permitted.
12. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information.
13. The property owner or applicant shall install bike racks for patrons and employees on the site. The bicycle racks shall be decorative in design. This condition shall be completed prior to final occupancy/start of business, under the direction of the Planning and Building Divisions.
14. Transformers, backflow preventers, and any other approved above-ground utility improvement shall be located outside of the required street setback area and shall be screened from view, under direction of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director.
15. Outdoor electronic communication systems shall not be audible in adjacent residential areas.
16. The drive-through menu board shall have adjustable volume levels which would allow for lowering the volume during early morning and late evening hours when background traffic noise is also reduced.
17. During all hours of operation of the site, it shall comply with the City’s Noise Ordinance.
18. During all hours of operation after 11:00 PM, the patio area will be closed to be sensitive to neighboring residential properties. The owner or business operator will be responsible for maintaining a quiet atmosphere outside of the building.
19. The trash enclosure shall not be moved without the approval of the Development Services Director.
20. The applicant shall implement measures to reduce vehicle queue and idling in the drive -thru lanes at peak times as needed. These measures could include manual order entry by a restaurant staff person outside, or requirements for certain customers to park their vehicles for curbside service.
21. This approval does not include the allowance for live entertainment. Live entertainment may only be permitted subject to the approval of a Conditional Use Permit by the City and issuance of a “public entertainment permit”. Contact the Planning and Code Enforcement Divisions for application information.
22. The project shall comply with all applicable Federal, State, and local laws and guidelines including the South Coast Air Quality Management District. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the Applicant and, where applicable, the Authorized Agent, for reference.
23. While the facility is in operation, all doors and windows, including the drive- through window, shall be closed except when in use. .
264
Resolution No. 2024-xx Page 9 of 13
24. During peak customer times an employee with a handheld tablet will direct customers into the drive-through lane and facilitate orders.
25. Outdoor activities are limited to drive -through operations and the outdoor patio area as shown on the approved plans.
26. All required parking areas and driveways shall be illuminated under the direction of the Planning Division. Lights used to illuminate parking areas shall be directed away from any adjoining premises located in any residential zone under the direction of the Planning Division.
27. Truck deliveries shall not occur anytime between the hours of 8:00 pm and 7:00 am.
28. Prior to issuance of building permits, applicant shall contact the US Postal Service with regard to location and design of mail delivery facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan.
29. Comply with all waste diversion requirements including food waste and green waste disposal as determined by the State of California
30. The subject property’s ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City’s Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie -in to public storm water facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties.
31. Demolition permits for existing structure(s) shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition.
32. Concrete wheel stops shall be installed 2’ from the front edge of open parking spaces, or where applicable, landscape planters shall be increased 2’ in depth to allow curbing to serve as a wheel stop.
33. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or operator shall institute whatever security and operational measures are necessary to comply with this requirement.
34. A copy of the conditions of approval for this project must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land.
35. Prior to the release of occupancy/utilities, the applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection 265
Resolution No. 2024-xx Page 10 of 13
is to confirm that the conditions of approval and code requirements have been satisfied.
36. An outdoor closed-circuit security camera system shall be installed to record views of the parking and outdoor dining area.
37. The three (3) parking stalls located at the drive-through exit shall be used as employee parking to avoid impacts on customer circulation.
38. If any section, division, sentence, clause, phrase or portion of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.
39. The applicant, the property owner and the operator (collectively referred to as “indemnitors”) shall each jointly and severally defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officer s and employees from any claim, legal action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabil ities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the indemnitors’ joint and several obligation to in demnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section.
PC 40. Subject to the satisfaction of the Public Works Director or designee, the driveway providing access to the project site from Old Newport Boulevard shall be reduced in width from 36 feet to 26 feet consistent with Costa Mesa Standard Plan Drawing Number 514 .
PC 41. As soon as reasonably possible after the restaurant approved by this resolution has been operational for one year, the City of Costa Mesa Planning Commission shall conduct a review to determine if the permitted business hours are correlated to any adverse nuisances and/or public safety conditions occuring within a 300 -foot radius as measured from the project site’s perimeter property lines.
CODE REQUIREMENTS
The following list of federal, state, and local laws applicable to the project has been compiled by staff for the applicant’s reference. Any reference to “City” pertains to the City of Costa Mesa.
Plng. 1. Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless 266
Resolution No. 2024-xx Page 11 of 13
applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and a valid building permit has been maintained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy has been issued; or 3) the use has been established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expira tion date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority.
2. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. Permits shall be obtained for landscaping and will require plan check and review from the Planning department and must comply with all applicable CMMC landscaping requirements including but not limited to tree count, shrub count, front setback landscaping and any applicable water conservation measures.
3. Parking stalls shall be double-striped in accordance with City standards.
4. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division.
Water 5. Plan check and permit are required from Mesa Water District. Additionally, plumbing plans supporting the 1.5 -inch meter need to be provided. A new service and meter will be required to supply the landscaping independent of the domestic supply to the building. Fire protection plans will be required to support the existing 6 -inch fire protection point of connection if not they will need to abandon and cap the service in the street. The existing entrance driveway is impacting the existing fire hydrant so that will be addressed during the plan check. Any work in the street will require a permit from Caltrans.
Bldg. 6.
Comply with the requirements of the following adopted codes: 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Green Building Standards Code and 2022 California Energy Code (or the applicable adopted, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit iss uance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2019 California Building Code. Provide a plan to the County of Orange Health Dept. for review and approval.
7. Prior to the Building Division issuing any demolition permit, the applicant shall contact South Coast Air Quality Management District located at:
267
Resolution No. 2024-xx Page 12 of 13
21865 Copley Dr.
Diamond Bar, CA 91765-4178
Tel: 909-396-2000 or Visit their web site
http://www.costamesaca.gov/modules/showdocument.aspx?documentid= 23381
The Building Division will not issue a demolition permit until an Identification number is provided by AQMD.
Bus.
Lic.
8. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained.
Fire 9. Comply with the requirements of the 2022 California Fire Code, including the reference standards, as adopted and amended by Costa Mesa Fire & Rescue.
10. All seating in the assembly area shall be fixed according to the approved building plans.
Eng.
11. At the time of development submit for approval an Offsite Plan to the Engineering Division and Grading Plan to the Building Division that shows existing parkway improvements and the limits of work on the site.
Construction Access approval must be obtained prior to Building or Engineering Permits being issued by the City of Costa Mesa. Pay Offsite Plan Check fee per Section 13 -231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the City of Costa Mesa.
12. Reconstruct existing driveway approaches per City of Costa Mesa standards to comply with A.D.A requirements.
PD. 14. For the first year in operation an on-site security guard is required to patrol from 9PM to closing. This requirement may be extended beyond the first year should there be an increase in service calls in the area related to the business.
PW 15. Fulfill mitigation of off-site traffic impacts at the time of issuance of Building Permit by submitting to the Transportation Division the required Traffic Impact Fee according to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based on the net trip generation of 847 trip ends for the proposed project and includes a credit for any previously existing use. At the current rate, the Traffic Impact Fee is estimated at $199,139.00. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Building Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time.
16. Provide operational mitigation durin g peak demand periods to avoid impacts to the adjacent row of parking and to ensure that no queuing occurs on the adjacent City street. This mitigation includes a parking lot monitor for assisting drive through customers and vehicles entering/exiting parki ng spaces as well as additional staff taking drive through customer orders. 268
Resolution No. 2024-xx Page 13 of 13
17. Install red curb for a distance of 100 feet north of the proposed driveway and approximately eight (8) feet on the southside, between the proposed driveway and the closest existing driveway at the adjacent parcel.
18. Design and construct a crosswalk on the south leg of the intersection of the Old Newport Boulevard and E ast 16th St. The Crosswalk design shall include the creation of a bulb out / curb extension on the east end and ADA- compliant ramps for both ends of the crosswalk. The applicant must submit the plan for review and approval from the Transportation Services Division.
19. Comply with the requirements of the 2022 California Fire Code, including the reference standards, as adopted and amended by Costa Mesa Fire & Rescue.
20. Obtain an encroachment permit from the City of Costa Mesa, Engineering Division, at the time of deve lopment and then construct P.C.C. driveway approaches, sidewalks, curbs & gutters, curb ramps, etc., per City of Costa Mesa Standards as shown on the Offsite Plans. For driveways, locations and dimensions are subject to the approval of the Transportation S ervices Division.
21. In order to comply with the 2003 Drainage Area Management Plan (DAMP), the proposed project shall prepare a Water Quality Management Plan conforming to the Current National Pollution Discharge Elimination System (NPDES) and the Mo del WQMP, prepared by a Licensed Civil Engineer which shall be submitted to the Department of Public Works for review and approval.
a. A WQMP (Priority or Non-Priority) shall be maintained and updated as needed to satisfy the requirements of the adopted NPDE S program. The plan shall ensure that the existing water quality measures for all improved phases of the project are adhered to. b. Location of BMP’s shall not be within the public right-of-way.
22. Sewer improvements shall meet the approval of the Costa Mesa Sanitary District; call (949) 631-1731 for information.
23. Dedicate easements (as needed) for public utilities. Final determination of any easement dedication will be per the City Engineer.
24. Survey monuments shall be preserved and referenced before construction, pursuant to Section 8771 of the Business and Profession Code
269
ATTACHMENT 2
270
ATTACHMENT 3
-1-
271
-2-
272
-3-
273
-4-
274
-5-
275
-6-
276
-7-
277
ATTACHMENT 4
-1-
278
-2-
279
-3-
280
-4-
281
-5-
282
-6-
283
-7-
284
-8-
285
-9-
286
-10-
287
-11-
288
-12-
289
-13-
290
ATTACHMENT 5
-1-
291
-2-
292
-3-
293
-4-
294
Dear Raising Cane's Costa Mesa T eam,
I wanted to take a moment to express our heartfelt gratitude for the incredible support and presence you brought to Killybrooke Elementary during Red Ribbon Week. Your commitment to connecting with our school, understanding our needs, and uplifting our students and staff has left a lasting impact.
Karina Gil, your team member who served as our Principal for the Day, was truly amazing in every way. Her genuine connection to the Costa Mesa community and her passion for supporting our students shone brightly. Her visit was a source of excitement and motivation for our students, and they were absolutely thrilled to receive generous donations and hear her encouraging words.
Additionally, our staff was so excited to have lunch from their principal for the day. That was so thoughtful and a much needed pick me up.
Your involvement during Red Ribbon Week not only brightened our days but also reinforced the importance of meaningful connections within the Costa Mesa community. We are deeply grateful for your partnership and the positive influence you have on our school. We look forward to future collaboration and meaningful connection with Cane’s as it evolves in our Costa Mesa community.
Once again, thank you, Raising Cane's Costa Mesa, for your support and partnership, and for making a difference in the lives of our students. We look forward to continuing our partnership in the future and creating more memorable moments together. Our schools are so lucky to have community partners that are invested in building up our youth. Your presence in our community is impactful and for that we are grateful.
With warm regards and appreciation,
Laura T aylor
Principal
Killybrooke Elementary School
-5- 295
-6-
296
-7-
297
-8-
298
-9-
299
-10-
300
-11-
301
-12-
302
-13-
303
-14-
304
-15-
305
-16-
306
-17-
307
-18-
308
-19-
309
-20-
310
-21-
311
-22-
312
-23-
313
February 7, 2024
Planning Commission Chair Adam Ereth
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
CC: Planning Commission Members:
Russell Toler, Karen Klepack, Jon Zich,
Johnny Rojas, Angely Andrade Vallarta,
Jimmy Vivar
Scot Drapkin, Assistant Director of EDS
Subject: Detailed Objections to and a request for Denial of Project ZA-22-11, PDVR-23-0003, PMND-23-0003 (Raising Cane’s at 1595 Old Newport Boulevard)
Planning Commission Chair Ereth and Commissioners:
On behalf of the Consortium of property owners: Steve Schwimer, Paul Schwartz, Gregg and Nick Kelly, Dan Kang, Michael Guerin and John Morehart, we hereby express our unequivocal opposition to project ZA-22-11, PDVR-23-0003, and PMND-23-0003, re: Raising Cane’s Restaurant at 1595 Old Newport Boulevard.
Our comprehensive objections, detailed below, highlight our numerous concerns:
Raising Cane’s is playing the system by using February, the slowest month of the year for fast food restaurants, as a basis for the Stantec traffic study to entitle a too-small irregularly shaped property bordering a narrow, congestion side street for its fast food restaurant. The low numbers of the traffic study allowed for a number of conditional uses needed to squeeze and manipulate the site plan to fulfill parking and queuing requirements.
May is more typical of normal traffic for fast food restaurants while still accounting for school and traffic impacts on surrounding areas. -24-
314
Page two
Planning further picks over zoning codes to justify unwarranted environmental impacts on 100+ residents in the adjacent Sea Breeze Villa mobile home park by dismissing CMMC 13-49 of the General Plan, and Measure K, that exist to protect mobile home parks from such impacts.
Raising Cane’s proposed use doesn’t align with the goals of Measure K and the General Plan to meet State housing mandates. It’s piecemeal planning at best.
Planning did not include Measure K overlay and goals relating to land use and mobile home park residents in general;
Planning failed to include General Plan goals and elements regarding 100+ residents at the adjacent Sea Breeze Villas.
Individually and separately, the denial of the Raising Cane’s project is warranted.
Traffic Study Flaws
Planning should have requested a traffic study based on the busier months of May instead of one of the two slowest months of the year for the fast food industry. Note that School is in session in May as well.
The study does not take into account extrapolated traffic data for the increased sales each year of the sales goals shown by Raising Cane’s for its Seven Year Plan. That is from $5.4mm in 2023 to $8.0mm by 2030.
Note: the Stantec traffic study was conducted in February 2023, a month of heavy rain, and according to QSR50 (a Journal for fast food restaurants) among the two slowest months for fast food restaurants during the year.
Note: in 7 years, according to Raising Cane’s Co-CEO A J Kumeran, sales are projected to increase from $5.4 mm per store (2023) to $6.1mm (2024), -25-
315
Page three
to $8 mm per store in 2030. (per QSR 50 report of April 2023, regarding the top 50 fast food restaurants.). (that’s 8% sales increase per year.) Note: a significant amount of traffic going to Raising Cane’s is destination oriented, versus by-pass trips, which adds to the trips per thousand per square feet normally associated with drive in restaurants. (See Fehr & Peers Technical Memorandum for the City of Citrus Heights - Raising Cane’s September 3, 2020).
Note: Stantec also failed to include the traffic impact on Newport Boulevard and Industrial Way, and 16th Street, intersections known for daily gridlock between 4 and 6 PM, nor its impacts on private streets of the adjacent properties. Making a left or right turn onto 16th, and then a left onto Old Newport during rush hour has only a 2 - 3 car stack on 16th and no left turn lane on 16th and Old Newport Boulevard.
The slowest month for fast food restaurants, February, can’t provide data required for a realistic site plan that meets May through August traffic, parking and queuing impacts.
Minimally, a new traffic study must be done during May for a realistic traffic flow, parking and queuing impact at this site, taking into account Raising Cane’s dependence on destination oriented traffic and yearly increases in sales.
Note: Staff suggests that a reduction in operating hours would result in lessening the need for additional parking and queuing, per Condition of Approval 6.
It appears disingenuous since Peak Operating Hours are at the lunch and dinner hours, when parking and queuing are at the highest need, and a reduction in total operating hours would not lessen the need for additional spaces or queuing requirements.
Note: Raising Cane’s has suggested off-site parking for staff, but never identified the site in the year since.
-26-
316
Page four
Note: Operating hours, including truck deliveries, will be from 7 AM to either 4 AM or 5:30AM (included are 2 hours for cleaning the site and restaurant), depending on the day of the week. Total operating hours of 21 to 22.5 hours per day impacts on 100+ residents must be addressed.
MEASURE K OVERLAY AND GOALS
Measure K, approved by Costa Mesa voters in November, 2022, identifies specific properties for which there is opportunity for the city to meet their Regional Housing Needs Assessment numbers mandated by the State Department of Housing and Community Development.
Measure K is further designed to protect and expand residential uses for low and middle income residents currently in commercial zoning. (Up to 70% in the overlay are Middle and South American ancestry.) Measure K goals include expanding a
ffordable housing and protecting Mobile Home
parks.
As a Consortium of adjacent property owners, we are interested in determining a scope of work for a specific plan for the area, including a plan for assemblage of those adjacent properties to help meet the 11,721 unmet housing needs (years 2021 - 2029) for the City of Costa Mesa. We believe Raising Cane’s severely restricts such a specific plan for mixed use and affordable housing closely aligned with the goals of Measure K and the General Plan.
Note: The proposed Raising Cane’s is adjacent to the Sea Breeze Villas, a 62 unit mobile home park built in 1992; and, within 90 feet of the project. (The homes are 30 years old, thin wall construction with single pane windows.) More than one hundred residents occupy the units.
Sea Breeze Villas is a legal non-conforming residential use grandfathered in a commercial zone. It is a mistake to dismiss CMMC Section 13-49 development standards in lieu of Measure K’s passage. It is counter to -27-
317
Page five
the General Plan goals and Measure K meant to protect residence and Mobile Home Parks from the developmental impacts of this intensity. It’s a slap in the face of over one hundred low income residents who have little to no resource to mitigate these impacts.
GENERAL PLAN ELEMENTS INCONSISTENT WITH CUP:
CD-8.1 Development Compatibility - access, circulation, parking, should be as far away from residences (and mobile home parks) as possible.
LU-3.1 states “Protect existing stabilized neighborhoods, including mobile hone parks, from encroachments of incompatible or potentially disruptive land uses or activities.”
Raising Cane’s is asking to operate between the hours of 9 AM and 3:30 AM Thursday through Saturday, and 9 AM and 2 AM Sunday through Wednesday (deliveries as early as 7 AM occurring any day of the week).
Raising Cane’s estimates it will take an additional two hours to clean and close the operation. This will entail cleaning the parking lot as well. All in all, hours of operation will range from 7AM to either 4 AM or 5:30 AM the following day. That is 21 hours to 22.5 hours of operation every day, regardless of the impacts on adjacent residents.
Noise, traffic, loitering, trash, lights, smells, etc. are all disruptive to the residents of the Sea Breeze Villas.
N-2.1 Limit the hours of operation adjacent to residential in order to minimize excessive noise.
It is important to emphasize that Sea Breeze Villas were built in the 1992, having thin walls and single pane windows; staffs’ sound study at 3150 Harbor adjacent condos have double pane windows and stucco and concrete walls.
Parking lot cleaning, vehicle noise including load music, tire squealing and braking, loud mufflers, motorcycles, diesel engines, yelling, door -28-
318
slamming, all are noise impacts affecting adjacent residents at all hours of the days and nights.
Page six
LU-2.11 Parking lots and other noise sources (such as speakers for ordering) should face away from residential homes.
The proposed Raising Cane plan parking lot faces the Sea Breeze Villas and not Old Newport Boulevard, and therefore does not meet the requirements of LU-2.11.
IN SUMMARY
In light of these comprehensive concerns, we strongly urge the Planning Commission to deny ZA-22-11, PDZVR-23-0003, and PMND-23-0003.
There are significant deficiencies in the Stantec traffic study utilizing February 2023 data, The month of May better reflects truer peak hour traffic, parking, and queuing impacts for the proposed site. 2024 to 2030 sales projections stated by Raising Cane Corporate should be incorporated into a year by year traffic simulation to stress test the site plan.
The site plan should be flipped per CD-8.1, N-2.1, LU-2.1 and LU-
2.11with parking, queuing and ordering facing Old Newport Boulevard to comply with the General Plan and Measure K.
The summary dismissal of CMMC Section 13-49 is a slap in the face of the low income residents of Sea Breeze Villas. To not protect adjacent residential uses is counter to the elements and goals of the General Plan and Measure K that call for the respect of all its residents, and is an error on the part of Planning.
Finally, we believe Raising Cane’s is piecemeal planning for an area now covered by Measure K, and this area is better served by a comprehensive speci
fic plan that better achieves the goals of Measure K.
Deny ZA-22-11, PDZVR-23-0003, and PMND-23-0003.
-29-
319
Page seven
Respectfully submitted for the above listed consortium,
S/S DAVID SWERDLIN
David Swerdlin
Swerdlin & Associates, A Governmental Relations Group
31125 Via Cristal
San Juan Capistrano, CA 92675
[email protected].
949-636-4407
-30-
320
-31-
321
-32-
322
323
324
325
326
-1-
PLANNING COMMISSION
AGENDA REPORT
MEETING DATE: FEBRUARY 12, 2024 ITEM NUMBER: PH-1
SUBJECT: MINOR CONDITIONAL USE PERMIT APPLICATION ZA-22-11 FOR A
DRIVE-THROUGH OPERATION AND A REDUCTION OF REQUIRED
PARKING; DEVELOPMENT REVIEW (PDVR-23-0003) TO ALLOW THE DEMOLITION OF AN EXISTING 25,159-SQUARE-FOOT COMMERCIAL BUILDING AND TO CONSTRUCT A NEW 2,913-SQUARE-FOOT
RAISING CANES RESTAURANT WITH 1,303 SQUARE FEET OF
COVERED OUTDOOR PATIO AREA; MINOR MODIFICATION PMND-
23-0003 TO ALLOW FOR A DECREASE OF 20% IN REQUIRED
FRONT YARD/LANDSCAPE SETBACK; FOR A PROPERTY LOCATED
AT 1595 OLD NEWPORT BOULEVARD
FROM: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/
PLANNING DIVISION
PRESENTATION BY: CHRISTOPHER ALDANA, ASSISTANT PLANNER
FOR FURTHER
INFORMATION
CONTACT:
CHRISTOPHER ALDANA
714-754-4868
[email protected]
RECOMMENDATION:
Staff recommends the Planning Commission adopt a Resolution to:
1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303 (Class 3), New Construction and Conversion of Small Structures and Section 15332 (Class 32 In-fill Development Projects); and
2. Approve ZA-22-011, PDVR-23-0003, and PMND-23-0003 subject to conditions of approval.
APPLICANT OR AUTHORIZED AGENT:
The Authorized Agent is Jay Higgins, on behalf of the Owner, Barry Von Hemert.
ATTACHMENT 6
327
-2-
PLANNING APPLICATION SUMMARY
Location: 1595 Old Newport Boulevard Application Numbers: ZA-22-11, PDVR-23-0003 and PMND-23-0003
Request: A Minor Conditional Use Permit, Development Review, and Minor Modification, to allow the following:
(1) Minor Conditional Use Permit request for the reduction of seven code-required parking spaces and drive-through operations with minor design modifications; (2) Development review to allow the demolition of an existing 25,159-square-foot furniture store and to construct a new 2,913-square-foot Raising Cane’s restaurant with 1,303- square-foot outdoor dining area; and
(3) Minor Modification request to allow for a decrease of 20% in required front yard/landscape setback.
SUBJECT PROPERTY: SURROUNDING PROPERTY:
Zone: General Business District
(C2)
North: Local Business District (C1)
General Plan: General Commercial (GC) South: C2
Lot Dimensions: Irregular-shaped lot with
approximate dimensions of
35 feet (along E 16th to the
north), 295.03 feet (east),
207.09 feet (south), and
295.20 feet (west)
East: C2
Lot Area: 1.02 Acres West: C2
Existing
Development:
Existing and currently vacant 25,159-square-foot furniture store
DEVELOPMENT STANDARDS COMPARISON
Development Standard Required/Allowed
MP Dev. Standard
Proposed/Provided
Building Height 30 ft. 19 ft. 11 in.
Setbacks:
Front 20 ft. 16 ft.*
Side (left) 15 ft. on one side / 0 ft. on the
other side
21ft. 7in.
Rear 0 ft. 115 ft.11 in.
Landscape Setback – front 20 ft. 16 ft. *
Parking 41 spaces 34 spaces**
Floor area ratio (FAR) 0.20 0.07
Drive-through Length 160 ft. 287 ft.
Drive-through Width 11 ft. 11ft/10ft***
*Minor Modification Request to allow for a decrease of 20% in required front yard depth and to project a maximum of 4’ into the required landscape setback.
**Proposed parking deviation of seven (7) Code-required spaces. ***Proposed 11’ wide lane that converts into a two (2), 10’ wide dual lane system CEQA Status Exempt per CEQA Guidelines Section 15303 (Class 3 - New Construction and Conversion of Small Structures) and 15332 (Class 32 – Infill Development Projects) 328
-3-
BACKGROUND
The subject property is located at the southwest corner of Old Newport Boulevard and East 16th Street. Old Newport Boulevard is a frontage street that is located parallel to Newport Boulevard. The site is located within the “C2 - Commercial Business Zoning District” and has a “General Commercial” land use designation. The property directly abuts commercial properties in the C2 zone to the south and west, and C1 properties to the east and north which are located across East 16 th Street and Old Newport Boulevard and Newport Boulevard, respectively. Raising Cane’s proposes to demolish the existing approximate 25,000 square-foot furniture building and construct a new 2,913-square-foot restaurant with drive-through services, outdoor seating, landscaping and a surface parking lot. Uses in the vicinity include light industrial operations such as automotive and motorcycle dealers and repair shops, boat repair/storage, and several retail uses. A 62-unit mobile home park (“The Sea Breeze Villas”) is located approximately one hundred feet to the east.
Raising Cane's is fast-food restaurant chain with locations throughout the United States.
The restaurant exclusively serves chicken products and sandwiches. The restaurant chain began operations in 1996, and in 2015, the restaurant chain opened its first California location at 3150 Harbor Blvd (PA-15-02). The subject project would be their second location in Costa Mesa. The proposed restaurant is located approximately 4.5 miles from the Raising Canes at 3150 Harbor Boulevard.
On December 11, 2023, the Planning Commission continued this item to a later date.
Public Comments were received and are available online at the following link:
https://costamesa.legistar.com/Calendar.aspx under Attachment 10 of the agenda report and under the public comments section for the meeting date.
ANALYSIS:
The restaurant includes 828 square feet of interior dining and an additional 1,303 square feet of covered outdoor patio areas. Architectural finishes for the building are similar to the restaurant chain’s other locations and include earth-tone painted cement stucco, brick, and metal accents (see the below Exhibit 1 - Photo Simulation). No alcohol service is proposed.
Exhibit 1 – Photo Simulation
329
-4-
The proposed hours of operation are 9 AM to 2 AM Sunday through Wednesday, and 9 AM to 3:30 AM Thursday through Saturday. Pursuant to Costa Mesa Municipal Code (CMMC) Section 13-47 (Permitted and Conditionally Permitted Uses), restaurants located within 200 feet of a residential zone are subject to closure from 11:00 PM to 6:00 AM, unless modified through the issuance of a Minor Conditional Use Permit (MCUP). Although Sea Breeze Villa mobile home park is located within 200 feet of the proposed use, the mobile home park property is not zoned residential and therefore operation hour limitations are not applicable pursuant to this Code provision.
The maximum number of Raising Canes’ staff on-site at any given time is expected to be 12 employees. According to the applicant, employee shifts are typically staffed with two managers with the remaining staff being cashiers and food prep members. During peak times, an employee with a handheld tablet will direct customers into the drive- through to expedite service and assist vehicle queues/parking lot circulation.
The applicant proposes a surface parking lot with 34 parking spaces and a new 312- square-foot trash/recycling enclosure. Two parking spaces will be provided in compliance with accessibility requirements (one standard and one van-accessible spot).
The project will provide both employee and customer bicycle parking. Pedestrian access to the site would be provided at the intersection of East 16th Street and Old Newport Blvd with a walkway leading to the restaurant patio area and restaurant entrance.
The applicant has provided a conceptual landscape plan as part of their CUP application that includes a variety of trees, shrubs and groundcover. The conceptual landscaping plan proposes 14,396 square feet of landscape area and includes 50 new trees. If approved, a detailed landscaping plan would be reviewed during the building plan check process for determining consistency with the City’s minimum landscaping and irrigation requirements.
Minor Conditional Use Permit Required
Pursuant to the CMMC, eating and drinking establishments with more than 300 square feet of public area are permitted by right in the C2 Zoning District. However, the CMMC requires an MCUP for an eating and drinking establishment with a drive-through. In addition, the applicant is requesting a deviation from the City’s drive-through standards relating to obstructing parking and minimum drive-through width. Pursuant to CMMC Section 13-50, the City’s drive-through standards can be modified through the issuance of an MCUP. Lastly, the applicant is requesting approval for a reduction in parking requirements. Pursuant to CMMC Section 13-89.5, where it can be shown that the required parking for a nonresidential land use will exceed the demand of the actual use, the Zoning Administrator may, by MCUP, allow a reduction in the amount of required parking.
Although the proposed new restaurant and operations are subject to approval of an MCUP at the discretion of the City’s Zoning Administrator, pursuant to CMMC Section 13-11, the 330
-5-
Zoning Administrator can “forward any action to the Planning Commission for review”.
Based on the proposed project size and scope, the City’s Zoning Administrator has decided to forward this project for Planning Commission consideration.
To obtain approval of an MCUP, an applicant must show that the proposed use is compatible with the City’s applicable zoning and General Plan provisions/policies, and will not be detrimental to public health, safety, and welfare. The subject site is located within a commercial zone (C2 – General Business District) where commercial development is specifically allowed to include restaurants with drive throughs subject to a minor MCUP and specific standards and conditions of approval. As defined in the CMMC, “this district is intended to meet the local business needs of the community by providing a wide range of goods and services in a variety of locations throughout the City.” Pursuant to the CMMC, the approval of an MCUP requires that specific findings be made related to neighborhood compatibility, health and safety, and land use compatibility. The analysis regarding MCUP findings is provided below in this report.
MCUP to Deviate from Drive-through Standards
The project proposes a single-lane drive-through entrance which then diverges into two lanes after the customer vehicle ordering point (see Exhibit 2 – Site Circulation Plan).
Exhibit 2 – Site Circulation Plan
The below Table 1, provides a development standard summary of the proposed drive- through operations with the City’s Drive-Through Standards:
331
-6-
The single-lane drive-through width measures 11 feet and narrows to two 10-foot-wide lanes. Pursuant to CMMC Section 13-50(b), the minimum drive-through lane width is 11 332
-7-
feet and therefore the MCUP is specifically required for the proposed width reduction of one-foot for each drive-through lane. In addition, three parking spaces are proposed adjacent to the drive-through lane which would be used by employees who arrive early and thereby alleviate any potential for customer drive-through/parking back-up interference. Pursuant to CMMC Section 13-50(a), drive-through lanes shall not interfere with parking areas (including back-out of parking spaces), unless approved by an MCUP. The City’s Transportation Division has reviewed the proposed drive-through operations and parking lot circulation, including proposed deviations in standards, and believes that the project will operate adequately as designed.
Development Standards for Nearby Residential Zones
A 62-unit mobile home park (Sea Breeze Villas) is located approximately 90 feet west of the project site. The mobile home park is located on a commercially zoned property and is considered legal nonconforming due to use. CMMC Section 13-49 contains specific development standards for restaurants located within 200 feet of a residential-zoned parcel; however, and as previously indicated, these standards do not apply because the mobile home site is located in a commercial zone.
Exhibit 3 – Nearby Residential
333
-8-
As further indicated below, despite the mobile home park’s commercial zoning, the project will generally comply with CMMC Section 13-49 to ensure compatibility with the nearby residential use with the exception of operating hours:
All exterior lighting will be shielded away from residential areas; No outdoor communication systems other than the drive-thru menu board or amplified music will be used;
Trash facilities are screened from view, located approximately 200 feet from residences, and designed to City standards;
Outdoor seating is oriented away from residences. The nearest outdoor, covered patio area is proposed 115 feet from residences;
Landscape between the residential site and the subject site will not be altered; Truck Deliveries will not occur between 8 PM and 7 AM; and The City’s Police Department have recommended Condition of Approval No. 15, which requires on-site security from 9 P.M. to 3:30 A.M. daily for the first year of operation.
Noise Study
To attenuate noise (specifically in consideration of the mobile home residents located near the project site), the City requested the applicant to conduct a noise analysis (included with this report as Attachment No. 7). As demonstrated in the acoustic analysis prepared by Kimley Horn on September 22, 2023, the proposed project, including consideration of the drive-through operations, is expected to operate in compliance with the CMMC noise standards, would not exceed the City’s exterior or interior noise standards, and would not result in a perceptible noise increase at the nearest residential uses.
In addition, staff visited the Raising Canes operations on Harbor Boulevard during the weekday, lunch-hour operations to survey empirical noise conditions. During this site visit, staff specifically surveyed the noise impacts from the restaurant/drive-through operations onto the adjacent residential apartments (“The French Quarter Apartments”).
The Harbor Boulevard Raising Canes restaurant is generally located within 100 feet of the nearest French Quarter residential unit. During the staff visit, staff did not witness any perceptible noise from the Raining Canes operations. Condition of Approval Number 16, has been included to assure that the drive-through menu board includes adjustable volume control which would allow for a reduction in volume if necessary.
MCUP to Deviate from Required Parking
The City’s off-street parking requirements are specified in CMMC Table 13-89 and requires a parking ratio of 10 spaces for every 1,000 square feet of restaurant gross floor area for the first 3,000 square feet, and 12 spaces for every 1,000 square feet of additional floor area, inclusive of outdoor dining areas. The application includes 2,913 square feet of interior floor area and 1,303 square feet of covered outdoor patio areas, and therefore pursuant to the CMMC Table 13-89 requires 45 parking spaces. The applicant is proposing to provide 34 vehicle parking spaces and one-bike rack for a total 334
-9-
of 35 parking spaces (the CMMC allows for one bike rack to count towards one required vehicle parking space).
CMMC Section 13-89.5 permits with the approval of an MCUP a reduction in required parking when it can be demonstrated that the City’s nonresidential parking standard will exceed the demand of the actual use. The applicant has provided a traffic and parking study prepared by Stantec Consulting Services Incorporate (Stantec) that evaluated the actual parking utilization and concluded that the project as designed is anticipated to have a surplus of one parking space. To determine peak parking requirements, the Study evaluated empirical parking demand data from local comparable Raising Canes restaurants located in the cities of Costa Mesa and Laguna Hills. Data collection was taken at roughly five-minute intervals over an eight-hour window (11 AM to 7 PM) on a typical weekday (Thursday) and a weekend day (Saturday) in February 2023. The surveyed restaurants contained 31 and 33 parking spaces, respectively.
During mid-day peak hours, the average parked vehicle count was 19 on weekdays and 17 on Saturdays. During PM peak hours, the parking demand reduced to 15 and 17 respectively. The maximum counts for vehicles parked during mid-day peak hours were 29 on weekdays and 30 on Saturdays, while PM peak hours saw a maximum of 27 and 31 vehicles respectively. By correlating this data with the square footage of the case study sites, the average and maximum parking rates (per thousand square feet) were calculated. This maximum rate was subsequently utilized to determine the expected parking demand for the proposed project. Pursuant to the Study, the proposed project is expected to necessitate a maximum of 33 parking spaces to satisfy anticipated demand, and therefore the project would provide a surplus of one parking space.
As conditioned, any change in operational characteristics, including but not limited to hours of operation or type of services provided, will require an amendment to the minor conditional use permit. If parking shortages or other parking-related problems occur, Condition of Approval No. 6 requires the business operator to institute appropriate operational measures necessary to minimize or eliminate the problem.
Traffic, Circulation and Drive-through Queuing
Pursuant to CMMC Section 13-275 (Development Project Review Procedures), the project required a traffic study to be prepared because it is estimated to generate one- hundred (100) or more vehicle trips during a peak hour period. A Traffic and Parking Study, prepared by Stantec has been completed that evaluates the project’s effect on local traffic conditions and circulation. The Study also evaluated on-site and off-site circulation in relationship to potential impacts on the adjacent rights-of-way, and intersection level-of-service (see Attachment No. 8). The Study concludes that the project would not exceed the City’s acceptable traffic levels, provides adequate parking, and the restaurant and drive-through operations will not interfere with nearby traffic/circulation. The Public Works Department has reviewed the Study and agrees with its findings and conclusions.
335
-10-
Empirical data was collected from other Raising Cane’s locations for the Traffic Study, including the existing Costa Mesa location at 3150 Harbor Boulevard. A trip generation analysis was completed and concluded that the proposed restaurant would generate 1,051 total daily trips and a maximum of 161 peak hour trips. Additionally, the Study evaluated seven key intersections located nearby the project and concluded that with the additional traffic created by the project, all of the intersection would continue to operate with minimal delays at a level-of-service (LOS) “C” or better (see the Below Table 2).
Table 2 - Intersection LOS Summary – Opening Year (2024) Cumulative Conditions A queuing analysis for the proposed drive-through was also conducted to establish the project’s maximum amount of vehicle demand. According to the Study, there is sufficient amount of dedicated drive-through space to accommodate the projected maximum demand of vehicles on-site, and without disturbing circulation on Old Newport Boulevard.
Air Quality and Odors
An Air Quality Memorandum dated August 11, 2022, was prepared by Kimley-Horn to evaluate the potential air quality impacts associated with site construction and restaurant operations. The Memorandum concludes that the proposed project would be below all applicable air quality required thresholds, would not conflict with the South Coast Air Quality Management District Air Quality Management Plan, or create objectionable odors.
Hours of Operation
The proposed hours of operation are from 9 AM to 2 AM Sunday through Wednesday, and from 9 AM to 3:30 AM Thursday through Saturday. Pursuant to Costa Mesa Municipal Code (CMMC) Section 13-47 (Permitted and Conditionally Permitted Uses), since the restaurant is not located within 200 feet of a residential zone, the CMMC does not prescribe a limitation on operating hours. However, if the Planning Commission believes that the proposed hours of operations are not compatible with developments in 336
-11-
the same general area and would be materially detrimental to other properties in the area, the Planning Commission could require reduced operation hours.
Exhibit 4 – Similar Establishments Hours of Operation Located Nearby As indicated in Exhibit 4, several similar restaurant establishments are located within close proximity to the proposed Raising Canes and operate during the early mornings and late evening hours. For example, “Del Taco” is located on Newport Boulevard to the north and is open 24 hours; “Carl’s Jr.” is located on Newport Boulevard and is open from 6 AM to 2 AM; and “Jack in the Box” is located on East 17th Street and also operates from 6 AM to 2 AM. Staff has consulted with the Costa Mesa Police Department in this regard to obtain their comments in regard to the proposed hours of operation. The City’s Police Department was not concerned with the proposed hours of operation; however, suggested that the restaurant provide on-site security after 9 P.M. to closure (daily) for the first year of operation.
Minor Modification
The applicant has requested approval a minor modification for the proposed building to project a maximum of four feet into the required 20-foot front and landscape setbacks. As shown in Exhibit 5, a small portion of the building is proposed to project into the setback (see the red line in Exhibit 5). Pursuant to CMMC Section 13-28 (j), a deviation from the required front setback can be approved a maximum of 20% of the required setback.
Therefore, the proposed four-foot encroachment would comply with the City’s Minor Modification provisions. A Minor Modification is typically reviewed by the Planning Division; however, since the project as a whole includes other entitlements required to be reviewed 337
-12-
by the Planning Commission, the review authority for the encroachment request is the Planning Commission.
Exhibit 5 – Minor Modification Setback Encroachment
Pursuant to CMMC Section 13-29(g)(6), to approve a minor modification, the Planning Commission must make required findings. The analysis regarding the required findings is provided below in the “Findings: section of this report.
Public Works Improvements
The Public Works Department is conditioning the project to fulfill the mitigation of off-site traffic impacts at the time of issuance of Building Permit by submitting to the Transportation Division the required Traffic Impact Fee according to the prevailing schedule of charges adopted by the City Council. Additionally, the applicant will install a red curb for a distance of 100 feet north of the proposed driveway and approximately eight (8) feet on the south side, between the proposed driveway and the closest existing driveway at the adjacent parcel. Per condition of approval 18, the applicant will also provide a right-of-way improvement consisting of designing and constructing a crosswalk on the south leg of the intersection of Old Newport Boulevard and East 16 th Street. The crosswalk design shall include the creation of a bulb out / curb extension on the east end and ADA-compliant ramps for both ends of the crosswalk. The applicant is aware that they must submit the plan for review and approval from the Transportation Services Division before commencing any construction. Furthermore, per condition of approval 20, the applicant must obtain an encroachment permit from the City of Costa 338
-13-
Mesa Engineering Division, at the time of development to widen the sidewalk along Old Newport Boulevard.
GENERAL PLAN CONFORMANCE
The Costa Mesa General Plan establishes the long ‐range planning and policy direction that guides change and preserves the qualities that define the community. The 2015-2035 General Plan sets forth the vision for Costa Mesa for the next two decades. This vision focuses on protecting and enhancing Costa Mesa’s diverse residential neighborhoods, accommodating an array of businesses that both serve local needs and attract regional and international spending, and providing cultural, educational, social, and recreational amenities that contribute to the quality of life in the community. Over the long term, General Plan implementation will ensure that development decisions and improvements to public and private infrastructure are consistent with the goals, objectives, and policies contained in this Plan. The following analysis evaluates the proposed project’s consistency with applicable policies and objectives of the 2015-2035 General Plan.
1. Policy C‐5.3: “Encourage permitted General Plan land uses which generate high traffic volumes to be located near major transit and transportation corridors to minimize vehicle use, congestion, and delay”.
Consistency: The proposed restaurant (a high traffic volume use) is located adjacent to Newport Boulevard which is considered one of the City’s major transportation corridors, and is served by several bus routes with transit facilities located within walking distances.
2. Policy C-5.14: “Require developers of new building and redevelopment/reuse projects as part of the project development review process that are located along bus routes to pay a designated fair share of the cost of providing improved bus stop facilities and related street furniture or, where appropriate, dedicate land for improved bus stop facilities”.
Consistency: The proposed restaurant is located near Newport Boulevard and other City streets which offer several local/regional bus routes. Pursuant to the CMMC, the applicant is required to pay a Traffic Impact Fee that is estimated to be approximately $200,000. This fee can be used to maintain or develop additional bus stop facilities where appropriate in the City.
3. Policy C-6.12: “Require that every new development project pay its share of costs associated with the mitigation of project generated impacts”.
Consistency: As indicated above, the applicant is required to pay a Traffic Impact Fee that is estimated to be approximately $200,000. This fee is calculated to be consistent with a payment contribution to mitigate the project ‘s anticipated traffic impacts.
339
-14-
4. Policy C-7B: “Provide end-of-trip [bicycle] facilities that support the network”.
Consistency: The proposed project includes the installation of both short-term and long-term bicycle storage.
5. Objective C-10A: “Encourage more people to walk and bicycle by supporting programs that foster community support for bicycling and walking, and raise public awareness about active transportation”.
Consistency: Staff does not believe that the proposed restaurant with a drive- through that is primarily focused on vehicle trip demand is a land use that will foster community support for bicycling and walking, and raise public awareness about active transportation.
6. Policy LU-1.1: “Provide for the development of a mix and balance of housing opportunities, commercial goods and services, and employment opportunities in consideration of the need of the business and residential segments of the community”.
Consistency: The proposed new restaurant and improvements would re-invest and revitalize an underutilized property in Costa Mesa and provide new employment opportunities.
7. Policy LU-2.6: “Encourage increased private market investment in declining or deteriorating neighborhoods”.
Consistency: The proposed use would replace a commercial center that has been underutilized and/or vacant for many years. The proposed project applicant would invest significant amount of capital into the site to establish the use and project design.
8. Policy LU-3.1 : “Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housing parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities”.
Consistency: The subject property is intended for commercial development and an existing retail furniture store currently occupies the site. As described in this report, the project is not expected to create perceptible noise or odor impacts to the nearest residential use and will provide a nearby dining option for these residents.
9. Policy LU-6.10: “Encourage a broad range of business uses that provide employment at all income levels and that make a positive contribution to the City’s tax base”.
340
-15-
Consistency: The proposed fast-food restaurant will provide employment opportunities with various income levels, and is expected to generate increased tax revenues that would expand the City’s revenue base. This revenue can then be used for community services and infrastructure improvements that serve the community.
PLANNING APPLICATION REVIEW CRITERIA AND FINDINGS
Pursuant to Title 13, Section 13-29(g), Findings, of the Costa Mesa Municipal Code, in order to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets specified findings as follows:
Costa Mesa Municipal Code section 13-29 (e) Review Criteria - “Compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood”.
The proposed use is compatible and harmonious with developments in the same general area in that the restaurant would replace an existing commercial use that is generally surrounded by other commercial and industrial uses. The use as conditioned is not expected to generate excessive noise, traffic, odors or other detrimental effects on the surrounding uses. Per Condition of Approval No. 34, the use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. In addition, the applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement.
“Safety and compatibility of the design of buildings, parking area, landscaping, luminaries and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation”.
The project includes the development of a new building, parking areas and landscaping. Pedestrian access to the site is provided at the intersection of East 16th Street and Old Newport Boulevard with a walkway leading to the restaurant patio area and the restaurant entrance. A traffic study was submitted with the project that determined the proposed drive-through lanes would accommodate the maximum anticipated vehicle queue and the restaurant operations would not result in a significant change in intersection LOS. Pursuant to Condition of Approval No. 6, if parking shortages or other parking-related problems occur, the operator must institute appropriate operational measures necessary to minimize or eliminate the problem. The Police Department has reviewed the proposed project and suggested requiring on-site security guards from 9 P.M. to closure for the first year of operations (the applicant has agreed to provide this security). “Compliance with any performance standards as prescribed elsewhere in the Zoning Code”.
341
-16-
The proposed project is in compliance with the Zoning Code and the project proposed deviations, as described in this report, are allowed subject to standards and findings.
“Consistency with the general plan and any applicable specific plan”.
The proposed commercial restaurant use is located on an existing commercial property that has a General Plan land use classification of “General Commercial”.
The project site is located within the “19 West Plan Urban Plan”; however, the applicant is not applying for a Master Plan Mixed-Use development, so the design guidelines within the Urban Plan do not apply.
“The planning application is for a project-specific case and is not to be construed to be setting a precedent for future development”.
The application is for a project-specific case to construct a fast-food restaurant on an existing commercial lot. The project meets all applicable development standards and design guidelines for commercial structures in the C2 zoning district and is consistent with the general plan land use designation of “General Commercial”. The proposed development would not be precedent-setting as each application is reviewed on a case-by-case basis.
Minor Conditional Use Permit Findings –
The proposed project complies with the applicable Costa Mesa Municipal Code Section 13-29(g)(2) - Minor Conditional Use Permit in that:
“The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area”.
The proposed use is compatible and harmonious with developments in the same general area in that the restaurant would replace an existing commercial use that is surrounded by other commercially zoned properties. The use as conditioned will not generate excessive noise, odor, traffic or other detrimental effects on the surrounding uses. Per Condition of Approval No. 34, the use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood.
“Granting the minor conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood”.
The project proposes a new commercial use on an existing developed commercial property. The project has been reviewed for potential effects to public health, safety, traffic, parking, noise and odor. Specific analysis was also completed for potential effects to a nearby residential development and concluded that no significant impacts would result.
342
-17-
“Granting the minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property”.
Granting the minor conditional use permit will not allow a use, density or intensity, which is not in accordance with the general plan designation and the applicable Urban Plan for the property. The project is a permitted use and, as conditioned, the drive-through restaurant will not generate noise, odor, traffic or parking effects unusual for a commercially zoned property. Lastly, the proposed project is consistent with applicable policies and objectives of the 2015-2035 General Plan as previously described in this report.
Minor Modification Findings -
The proposed project complies with the applicable Costa Mesa Municipal Code Section 13-29(g)(6) – Minor Modification:
“The improvement will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood”.
The project proposes a minor modification for the new building to encroach into the 20- foot required front/landscape setback. The encroachment is limited to only a small portion of the building, and the encroachment does not result in a perceived shortage in landscaping or significant building mass along the street frontage. Therefore, the proposed encroachment would not result in detrimental effects to public health, safety, and general welfare.
“The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity. This includes the site planning, land coverage, landscaping, appearance, scale of structures, open space and any other applicable features relative to a compatible and attractive development”.
The project design includes a new building and associated site improvements that enhances the existing and anticipated development in the vicinity. The project site planning, land coverage, landscaping, appearance, scale of structures and open space is not inhibited by the proposed minor modification encroachment.
ENVIRONMENTAL DETERMINATION
The project is categorically exempted from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303, Class 3, for new construction or conversion of small structures, and Section 15332, Class 32, for infill development projects. The project proposes to demolish an existing 25,159-square- foot furniture store and construct a new 2,913-square-foot drive-through restaurant with 1,303-square feet of outdoor dining area. The existing site is currently developed and 343
-18-
without environmental resources. In addition , none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.
ALTERNATIVES
The Planning Commission has the following alternatives:
1. Approve the project . The Planning Commission may approve the project as proposed, subject to the standard conditions outlined in the attached Resolution.
2. Approve the project with Conditions of Approval . The Planning Commission may suggest specific Conditions of Approval that are necessary to alleviate concerns.
3. Deny the project . If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application; provide facts in support of denial, and direct staff to incorporate the findings into a Resolution for denial. If the project is denied, the applicant could not submit substantially the same type of application for six months.
LEGAL REVIEW
The draft resolution has been reviewed and approved as to form by the City Attorney’s Office.
PUBLIC NOTICE
Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:
1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500-foot radius of the project sites. The required notice radius is measured from the external boundaries of the property. (See attached Notification Radius Map.)
2. On-site posting. A public notice was posted on the street frontages of the project site.
3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper.
344
-19-
CONCLUSION
As proposed and conditioned, the use would be consistent with other commercial uses in the C2 zone, the Zoning Code, and the City’s General Plan. The required findings for the MCUP and Minor Modification can be made, as described above, and therefore, staff recommends approval of the Planning Application subject to conditions of approval.
345
ATTACHMENT 7
115 feet from
outdoor nearest to
mobile home park.
Existing, Nonconforming
Mobile Home Park
100 feet from drive-
thru order board to
mobile home park.
346
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-117 Meeting Date: 4/16/2024
TITLE:
APPEAL OF PLANNING APPLICATION 22-37 TO ESTABLISH AN EVENT CENTER WITH
OUTDOOR ACTIVITIES, INCLUDING A REQUEST TO OFFER VALET PARKING AND TO DEVIATE FROM PARKING REQUIREMENTS LOCATED AT 3150 BEAR STREET DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CAITLYN CURLEY, ASSISTANT PLANNER
CONTACT INFORMATION: CAITLYN CURLEY, ASSISTANT PLANNER, 714-754-5692 RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities.
2. Adopt a Resolution approving Planning Application 22-37, based on findings of fact and subject to conditions of approval.
347
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 24-117 Meeting Date: 04/16/2024
TITLE: APPEAL OF PLANNING APPLICATION 22-37 TO ESTABLISH AN EVENT CENTER WITH
OUTDOOR ACTIVITIES, INCLUDING A REQUEST TO OFFER VALET PARKING AND TO DEVIATE FROM PARKING REQUIREMENTS LOCATED AT 3150 BEAR STREET
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CAITLYN CURLEY, ASSISTANT PLANNER
CONTACT INFORMATION: CAITLYN CURLEY, ASSISTANT PLANNER, 714-754-5692 RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities.
2. Adopt a Resolution approving Planning Application 22-37, based on findings of fact and subject to conditions of approval.
APPLICANT OR AUTHORIZED AGENT:
The applicant and property owner is the Khoshbin Company. The authorized agent is Alireza Mirzaeiramin.
BACKGROUND:
On February 26, 2024, by a vote of 5 -1 with Commissioner Klepack absent, the Planning Commission approved a conditional use permit for an event center at the subject property. On February 28, 2024, an adjacent residential neighbor filed an appeal of that decision.
The City Council’s consideration of an appeal is considered De Novo, which means that the City Council may exercise its independent judgment on the whole project rather than only for the reasons listed in the appeal.
The subject property is located at 3150 Bear Street. It is bounded by Bear Street and Shiffer Park to the west, the I-405 Freeway to the north, single-family residential properties to the east and south , and an office building to the south . See Figure 1, Project Aerial, below. The site is designated “General Commercial” by the Land Use Element of the General Plan and is zoned “Administrative Professional” (AP).
348
Item #:24-117 Meeting Date: 04/16/2024
The subject property is approximately six acres in size and is currently developed with two structures. The primary building is a three-story 65,924-square-foot building that was constructed in 1978. The second structure houses several different pieces of equipment such as a chiller, emergency generator and fountain pump. The remainder of the site is improved with 241 surface parking spaces and site landscaping, which includes the Grand Courtyard area that consists of colonnades, sculptures, and fountains.
Figure 1 Project Aerial
The subject property is the former Trinity Broadcasting Network site, which is now used by the current owner, Khoshbin Company, as their offices for about 20 employees.
ANALYSIS:
The proposed event center use requires City approval of the following applications:
1. Conditional Use Permit to operate an event center pursuant to Costa Mesa Municipal Code Section 13-30(d);
2. Conditional Use Permit to deviate from event center parking requirements pursuant to Costa Mesa Municipal Code Section13-89.5;
3. Conditional Use Permit to offer on-site valet services pursuant to Costa Mesa Municipal Code Section 13-96; and
4. Minor Conditional Use Permit for outdoor activities incidental to the event center pursuant to Costa Mesa Municipal Code Section 13-44.
349
Item #:24-117 Meeting Date: 04/16/2024
The Khoshbin Company purchased the property in August of 2021; however, only recently has the applicant occupied portions of the first and second stories of the primary building as office headquarters.
The current office use of the space includes a social media studio (Suite 100), storage (Suite 150), professional office (Suite 200), and temporary assembly (Suite 250). The Khoshbin Company employs approximately 20 on -site employees. The third floor is c urrently unoccupied due to unfinished construction. The proposed event center will occupy the atrium (Suite 100B), auditorium (Suite 200B), dining room (Suite 250), and outdoors in the grand courtyard. All proposed uses, including the offices and event center, will take place within the existing building, or existing grand courtyard. No new construction is proposed as part of this application. See Figure 2, Project Site Plan, below.
The existing building is located at a minimum of 60 feet away from the residential properties to the east and 320 feet away from the residential and commercial properties to the south. The grand courtyard is located 170 feet from the residential properties to the east and 120 feet from the residential a nd commercial properties to the south.
Figure 2 Project Site Plan
The applicant proposes to operate an event center with onsite valet parking for no more than 225 people between 8:00 a.m. and 10:00 p.m. on weekdays, and 7:00 a.m. and 10:00 p.m. on weekends. The event center is planned to operate mostly outside of regular offices hours, during the weekends and in the evening when the offices are closed. Additionally, the project is conditioned so that the office would be required to close during events, should an event take place during office hours. As part of the event center, outdoor activities are proposed between 8:00 a.m. and 9:00 p.m. on weekdays and 7:00 a.m. and 9:00 350
Item #:24-117 Meeting Date: 04/16/2024
p.m. on weekends with no amplified sound and a maxim um of four () musicians; and a deviation from parking requirements based on unique operating characteristics.
A detailed description of the proposed use and staff’s analysis of the request are contained in the February 26, 2024 Planning Commission staff report, which is provided as Attachment 7 to this report. The Planning Commission meeting minutes are also provided as Attachment 6 to this report.
Public Comments
Prior to the hearing , three public comments were received regarding this project. The first expressed concerns about parking and traffic impacts, the second expressed concerns about the utilization of Olympic Avenue as a point of egress to the property and the establishment of car shows at the property.
The third public comment was placed over the phone and expressed various concerns regarding traffic, enforcement and past operations at the site.
Public comments at the Planning Commission hearing regarding the property included concerns about traffic, circulation, noise, the service of alcohol and food at the site, fees for valet parking, and overflow parking at Shiffer Park.
Planning Commission Review
In its review of the project, the Planning Commission considered the application for a conditional use permit and minor conditional use permit . The Commission inquired about, and staff and the applicant responded to, the potential for car shows at the site, the future use of the third floor, sound impacts to the adjacent residential neighborhoods, traffic impacts, that a traffic study was not required, the number of parking spaces provided in the valet parking plan , the use of Olympic Avenue for site access, and potential expansion of the office and event center uses.
By a vote of five to one, and with one Commissioner being absent, the Planning Commission determined Findings for the CUP/MCUP could be met and approved the project subject to conditions of approval.
Resolution No. PC-2024-05 approving the subject project is provided as Attachment 4.
A detailed description of the proposed use, operations, and improvements to the property are described in the February 29 , 2024 Planning Commission staff report (also provided as Attachment 7) and attachments, linked below:
https://costamesa.legistar.com/View.ashx?M=A&ID=1181185&GUID=BF7693E0-96BA-4202-A3E5- 2291BF4F9CFB
The Planning Commission meeting minutes are provided as an attachment to this report and the meeting video is linked below:
https://costamesa.granicus.com/player/clip/4091?view_id=14&redirect=true
Appeal of Planning Commission’s Approval
On February 28, 2024 , an appeal of Planning Commission’s approval of the project was filed by a neighboring resident. In summary, the application for appeal noted the following topics/areas of concern:
351
Item #:24-117 Meeting Date: 04/16/2024
• CEQA determination;
• Noise impacts to nearby properties;
• Circulation impacts to Bear Street; and
• Enforcement of Conditions of Approval.
The submitted appeal and justification are provided as Attachment 2, to this report. Since the appeal was filed, the appellant has submitted additional documents clarifying the purpose of the appeal. These are also provided as Attachment 3 for the Council’s information.
City Council “De Novo” Hearing
Pursuant to CMMC Chapter 9, Appeal and Review Procedures, the City Council shall conduct a new or “de novo” review of the matter. The City Council may exercise its independent judgment and discretion in making a decision, and the appeal hearing is not limited to the grounds stated for the review or the evidence that was previously presented to the Planning Commission. The City Council’s decision on the matter is the final decision.
Staff has attach ed a draft City Council r esolution for approval based on the Planning Commission’s decision of February 26, 2024. Notwithstanding this, should the City Council determine to overturn the Planning Commission’s decision, staff requests that the City Council articulate its reasons for denial based on the required findings so staff can incorporate these into a resolution.
Pursuant to the Costa Mesa Municipal Code (CMMC), approv al of each of the project’s applications must be based on evidence in the administrative record that substantially supports the following review criteria and findings:
Conditional and Minor Conditional Use Permit Findings:
The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area;
Granting the conditional use permi t will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood; and
Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.
APPEAL EVALUATION:
The following discussion identifies and then responds to the appellant’s concerns included in the February 28, 2024 appeal.
CEQA Determination
The appellant expressed concerns about the CEQA exemption applied to this project, specifically asking if there are examples and data which supports using the Existing Facilities (Class 1) CEQA exemptions. 352
Item #:24-117 Meeting Date: 04/16/2024
CEQA is the California Environmental Quality Act, which contains several exemptions which preclude certain projects from requiring full environmental review due to their insignificant impact to the environment. The Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration in the Class 1 exemption is whether the project involves negligible or no expansion of use.
Due to these considerations, the Class 1 (Existing Facilities) exemption is appropriate for this project.
Noise Impacts
The appellant expressed concerns that noise originating from the proposed event center, including from possible car shows, activities to build-up or tear-down for events, and other noise would impact adjacent neighbors.
This entitlement includes several conditions intended to minimize impacts to n eighboring properties, including noise resulting from use of the grand courtyard. Conditions required of the project include the prohibition of amplified sound and music, limitations on the number of musicians and types of musical instruments used in the grand courtyard, limited hours of operation for outdoor activities (8:00 a.m. and 9:00 p.m. on weekdays and 7:00 a.m. and 9:00 p.m. on weekends), and a 225-total person limit for events that is inclusive of guests, waitstaff, caterers, organizers, musicians, valet attendants and any other individual or group associated with the event. “Teardown” activities will not be subject to the 9:00 p.m. closing time of the grand courtyard . These activities are distant f rom the residential uses and are not expected to take a significant amount of time.
Finally, car shows were not requested as part of the application for the event center. However, through the City’s special event permit process, car shows could be requested at the site up to four times per year and would be considered on a case-by-case basis, separate and apart from this conditional use permit application.
Circulation
Lastly, the appellant expressed concerns about traffic on Bear Street due to the events, requesting that all traffic related to the event center use the Olympic Avenue entrance to the site, instead of the main entrance at Bear Street. Bear Street was determined to be the main entrance to the property and have a minimal impact to the neighborhood. Olympic Avenue is a residential street with homes abutting the street; traffic generated by an event center is incompatible with a residential street. There are also conditions of approval to limit parking demand and traffic congestion to Bear Street, such as requiring a 1-hour gap between events and establishing a 225-person limit on events (described above). Additionally, the valet parking podium will be located more than 420 feet of driving distance from the property line at the property’s entrance at Bear Street. This is expected to prevent vehicles from backing up on Bear Street, waiting to enter the property. Additionally, the City’s Transportation Division reviewed this application and determined that it would not have an adverse effect on Bear Street’s level of service and that Bear Street has capacity to accommodate this type of use.
353
Item #:24-117 Meeting Date: 04/16/2024
Enforcement of the Conditions of Approval
The applicant was also concerned about enforcement of the project’s conditions of approval. The City has a Code Enforcement Division which responds to a ll reports made by citizens concerning possible violations of conditions of approval and relevant municipal code requirements, such as the City’s noise ordinance. If a member of the public has concerns that a use is violating provisions of the Municipal Code or project -specific conditions, they can contact Code Enforcement and the City will investigate the concerns. If Code Enforcement validates the concern, remedies to the complaint include , but are not limited to: (1) requiring the property to comply with all conditions of approval and other code requirements (such as the noise ordinance), and (2) the City could revoke an entitlement if Code Enforcement finds that an establishment has repeatedly been violating its conditions of approval and other code requirements.
For operation issues that arise after normal business hours, like late -hour noise complaints the Police Department can be contacted . Because of these existing practices, staff believes that appropriat e procedures are in place to fully enforce and compel compliance with the project’s conditions of approval.
ENVIRONMENTAL DETERMINATION:
The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 for Existing Facilities. This exemption allows for the permitting of uses involving negligible or no expansion of the use beyond what is existing. The project is consistent with the applicable General Plan designation and all appli cable general plan policies as well as with applicable zoning designation and regulations. Additionally, all activities will take place in the existing building and grand courtyard. No new construction is proposed as part of this application.
ALTERNATIVES:
The City Council has the following alternatives:
1. Approve the request. The City Council may adopt the attached Resolution upholding the Planning Commission’s decision and approve the request as proposed; or
2. Approve the request with modifications. The City Council may uphold the Planning Commission’s decision and approve the request with specific changes that are necessary to address concerns; or
3. Continue the item. The City Council may continue the item to a future meeting to allow for modifications or additional analysis; or
4. Deny the request. If the City Council believes that there are insufficient facts to support the findings for approval, the City Council may deny the request. A similar application could not be submitted for at least six months.
FISCAL REVIEW:
There are no fiscal impacts with this agenda item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and approved it as to form. 354
Item #:24-117 Meeting Date: 04/16/2024
PUBLIC NOTICE:
Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:
1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500 -foot radius of the project site. The required notice radius is measured from the external boundaries of the property.
2. On-site posting. A public notice was posted on each street frontage of the project site.
3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper.
Any public comments received prior to the April 16, 2024 City Council meeting, may be viewed at this link: CITY OF COSTA MESA - Calendar (legistar.com)
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
The proposed event center would provide employment and a gathering space for residents of the City of Costa Mesa and the region. Operational conditions would apply to the project to assure the project’s compatibility with its neighbors. As the subject property has been substantially vacant for several years, rebranding the site as a gathering space for events provides an opportunity to re-invigorate an underutilized property.
355
ATTACHMENT 1
Resolution No. 2024-xx Page 1 of 10
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA TO UPHOLD THE PLANNING COMMISSION’S DECISION AND APPROVE PLANNING APPLICATION 22-37 TO ESTABLISH AN EVENT CENTER
WITH OUTDOOR ACTIVITIES, INCLUDING A REQUEST TO OFFER VALET
PARKING AND TO DEVIATE FROM PARKING REQUIREMENTS LOCATED AT 3150 BEAR STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, Planning A pplication 22-37 was filed by Alireza Mirzaeiramin , authorized agent for the property owner, the Khoshbin Company requesting approval of the following:
A conditional use permit for an event center in the AP zone; a conditional use permit for valet parking; minor conditional use permit for outdoor activit ies; and a minor conditional use permit to deviate from parking requirement s. The proposed project would establish a new event center that would consist of three interior event spaces (including an auditorium), and a fourth event space in the Grand Courtyard.
WHEREAS, a duly noticed public hearing held by the Planning Commission on February 26, 2024 with all persons having the opportunity to speak for and against the proposal;
WHEREAS, a duly noticed public hearing held by the City Council on April 16, 2024 with all persons having the opportunity to speak for and against the proposal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environ mental Quality Act (CEQA) per Section 15301 (Class 1), for Existing Facilities.
WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:
NOW, THEREFORE, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the City 356
Resolution No. 2024-xx Page 2 of 10
Council hereby APPROVES Planning Application 22-37 with respect to the property described above.
BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application 22-37 and upon appli cant’s compliance with each and all of the conditions in Exhibit B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material chan ge that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.
PASSED AND ADOPTED this 16th day of April, 2024.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
357
Resolution No. 2024-xx Page 3 of 10
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 is the original of Resolution No. 2024-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of April, 2024, 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 17th day of April, 2024.
___________________________
Brenda Green, City Clerk
358
Resolution No. 2024-xx Page 4 of 10
EXHIBIT A
FINDINGS
A. Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.
Facts in Support of Findings: Operating consistent with the recommended condition of approval, the proposed ev ent center is compatible with developments in the general area and would not be detrimental to nearby properties. The event center’s daily activities would limit the maximum number of people on -site at any one time to no more than 225 (both guests and staf f), would prevent the office use and event center from operating concurrently, would primarily occur indoors, and that any outside activity is conditioned to minimize potential noise impacts to the neighbors by limiting the number of musicians, types of mu sical instruments, and prohibiting amplified sound. There is also a condition that requires staggered arrival times to avoid potential traffic/circulation conflicts between persons departing from and arriving to the center between events. Closing times for the event center are also in line with the City’s Noise Ordinance and condition the project to end outdoor activities by 9:00 p.m. and indoor activities by 10:00 p.m.
As for parking, the minor conditional use permit request to deviate from parking is als o appropriate. The City’s parking code would require 664 parking spaces based on the size of the suites and uses. However, because the event center is conditioned to have a maximum capacity not exceeding 225 persons (including attendees and staff), it is clear that the actual parking demand will be less than is otherwise required. As the site has 241 available parking spaces and the worst -case parking demand is for 225 spaces, there would be surplus available on-site and, therefore, the request to deviate from parking is reasonable. Moreover, valet parking service will help to minimize adverse impacts upon adjacent residential properties by concentrating the drop-off and pick -up of vehicles at a centralized located deeper into the project site and, importantly, away from the homes. Only one valet attendant would be responsible for transporting the vehicle between its parked location and the owner of the vehicle. As such, more intense activity proximate to the common property line would be minimized.
Finding: Granting the conditional use permit or minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.
Facts in Support of Finding: Granting conditional and minor conditional use permits will not be detrimental to the health, safety, and general welfare 359
Resolution No. 2024-xx Page 5 of 10
of the public or immediate neighborhood in that the operational characteristics of the event center have been lim ited to minimize negative impacts to the neighborhood. These characteristics include limiting the event’s occupants to 225 people (including guests and staff), implementing a valet parking service, and prohibiting amplified sound outdoors. The event center will also not operate while any other uses are in operation. Finally, closing times have been implemented for the event center for both outdoors (9:00 p.m.) and indoors (10:00 p.m.). Additionally, because the event center is conditioned to have a maximum capacity not exceeding 225 persons (including attendees and staff), it is clear that the actual parking demand will be less than is otherwise required by code. As the site has 241 available parking spaces and the worst -case parking demand is for 225 spaces , there would be surplus available on-site and, therefore, the request to deviate from parking is reasonable. And when valet parking service is utilized, it will help to minimize adverse impacts upon adjacent residential properties by concentrating the dro p-off and pick -up of vehicles at a centralized located deeper into the project site and, importantly, away from the homes.
Therefore, the proposed application requests will not have a detrimental effect to the health, safety, and general welfare of the pub lic or nearby improvements.
Finding: Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.
Facts in Support of Finding: The proposed use is occupying the existing building and is not proposing any modification to its square footage. While the proposed use does increase the number of vehicular trips to the site and the number of potential occupants within the building, the offset hours and operations ensure that the use will remain in conformance with the General Plan.
B. The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1), Existing Facilities. The Project proposes a conditional use permit for an event center with valet parking, and a minor conditional use permit for outdoor activities , and a deviation from parking requirements . No substantial physical improvements to the exis ting building would result from the project.
Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. The Project would not result in a cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location and would not impact any historic resources.
C. The project is subject to a traffic impact fee, pursuant to Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 360
Resolution No. 2024-xx Page 6 of 10
EXHIBIT B
CONDITIONS OF APPROVAL
Plng. 1. Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and a valid building permit has been main tained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy has been issued; or 3) the use has been established and a business license has been issued. A time extension can be requested no less than thirty ( 30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exe rcised up to 180 days subject to specific findings listed in Title 13, Section 13 -29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval auth ority.
2. The conditions of approval and ordinance or code provisions of pl anning application PA-22-37 shall be blueprinted on the face of the site plan as part of the plan check submittal package.
3. Hours of operation shall be as outlined in the table below. Any change in the business description, hours or days of operation, etc. shall require further review of the CUP.
Use Hours (Weekdays) Hours (Weekends)
Interior Event Spaces 8:00 a.m.–10:00 p.m. 8:00 a.m.–10:00 p.m.
Grand Courtyard 8:00 a.m.– 9:00 p.m. 7:00 a.m.– 9:00 p.m.
4. All outdoor activities shall cease by 9:00 p.m., Sunday through Saturday.
5. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land.
6. The use shall be limited to the type of operation as described in the authorized agent’s letter of description and staff report. Any change in the operational characteristics including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any p lanning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13 - 29(o)].
361
Resolution No. 2024-xx Page 7 of 10
7. The applicant shall defend, with the attorneys of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, legal action , and/or proceeding (collectively referred to as "proceeding") brought against the City, including its elected and/or appointed officials, agents, officers or employees arising out of or in any way related to the City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but shall not be limited to, damages, fees and/ or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such p roceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the defense and indemnification provisions set forth in this section.
8. The third floor will remain blocked off to all persons at all times, with physical barriers, and will not be used for any purpose at any time , unless otherwise approved by the Planning Division.
9. Power to the third floor will remain disconnected aside fr om required life safety systems except for if construction, inspections or other activities related to modifications to the third floor are taking place. This condition shall not apply if the City formally approves the third floor to be occupied.
10. All events shall be limited to 225 people, including guests, waitstaff, caterers, organizers, musicians, valet attendants and any other individual or group associated with the event.
11. No more than two events shall occur per day. Events may not operate concurrently.
12. No other uses shall operate on-site while any event is taking place.
13. A one-hour gap shall be maintained between all events.
14. Events shall not start or end between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m. These restrictions shall not apply to weekends.
15. No amplified music or music speakers shall be permitted outside of the building.
16. If parking problems arise, the operator shall institute whatever operational measures are necessary to minimize or eliminate the problem, including, but not limited to, reducing the event area and/or modification to the operational hours of the event center, providin g subsidized use of Uber/Lyft or similar service , and/or acquisition of additional off-site parking area.
17. The parking areas and pedestrian paths shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the sites.
18. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the 362
Resolution No. 2024-xx Page 8 of 10
parking lot.
19. No on-site food preparation is permitted. Food catering for special events shall not be provided by a food truck.
20. Any portion of the building and property not expressly approved as part of this application shall not be used for events.
21. The business shall be conducted, at all times, in a manner th at will allow the quiet enjoyment of the surrounding neighborhood and in compliance with the City’s Nose Ordinance . The applicant shall institute whatever operational measures are necessary to comply with this requirement.
22. The applicant or licensee shall not employ or use the services of any full- or part-time active or reserve peace officer currently employed by the City of Costa Mesa or any contiguous agency for security purposes.
23. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. Occupant loads for the open patio area and the enclosed bui lding area shall be calculated and posted separately.
24. Before the event center may operate, all permits required by the City shall be obtained. An approved final inspection for all required permits shall take place before the event center may operate. All work on -site shall be permitted and comply with all applicable development standards and other Planning Division requirements.
25. All traffic impact fees shall be paid prior to the issuance of any building permits associated with the event center.
26. Prior to issuance of Certificate of Occupancy (C of O) the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb drive, to the Planning Division. All site plans shall include an accurate and precis e drawing of all building footprints and property line locations for the entire project site. All buildings shall be annotated with its corresponding address and suites if applicable.
27. Valet parking for the event center shall be free to all patrons of the events occurring onsite.
Bldg. 28. Access to a public way shall be a direct and unobstructed. [CBC 1028.5] Where access to a public way cannot be provided, a safe dispersal area shall be provided where all of the following are met:
1. The area shall be of a size to accommodate not less than 5 square feet for each person.
2. The area shall be located on the same lot not less than 50 feet away from the building requiring egress.
3. The are a shall be permanently maintained and identified as a safe dispersal area.
4. The area shall be provided with a safe and unobstructed path of travel from the building.
29. Any changes of use or occupancy shall comply with the most recent adopted codes and a n egress, accessibility, area, and plumbing fixtures 363
Resolution No. 2024-xx Page 9 of 10
analysis shall be provide for review.
30. Maximum allowable use area shall be determined in accordance with the applicable provisions of 2016 California Building Code sec. 506.2.
31. Comply with the requirements of the most recently adopted California Building Codes at the time of plan submittal or permit issuance, and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa M esa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the California Building Code.
Fire 32. Comply with the California Fire Code requirements, including the reference standards, as adopted and amended by Costa Mesa Fire & Rescue.
33. Changes of use or occupancy in existing structures shall not be made unless the use or occupancy is made to comply with the requirements of the adopted California Building and Fire Codes.
Trans. 34. All uses on-site shall not generate more than 100 peak trips per hour.
35. At the time of issuance of Building Permit, submit to the Transportation Division the required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based upon the net daily trips generated by the proposed project. At the current rate the Traffic Impact Fee is estimated at $2,009.
NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of Building Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time.
CODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant’s reference. Any reference to “City” pertains to the City of Costa Mesa.
Plng. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained.
Bldg. 2. Comply with the requirements of the following adopted codes: 2022 California Residential Code, 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Green Building Standards Code and 2022 California Energy Code (or the applicable adopted, California Residential Code , California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Code of 364
Resolution No. 2024-xx Page 10 of 10
Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2022 California Building Code.
365
366
-2-
367
-3-
368
-4-
369
ATTACHMENT 3
-1-
370
-2-
371
-3-
372
-4-
373
-5-
374
-6-
375
-7-
376
-8-
377
-9-
378
-10-
379
-11-
380
-12-
381
-13-
382
-14-
383
-15-
384
-16-
385
-17-
386
-18-
387
-19-
388
-20-
389
-21-
390
-22-
391
-23-
392
-24-
393
-25-
394
-26-
395
-27-
396
-28-
397
-29-
398
ATTACHMENT 4
399
400
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Scott Drapkin, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC-2024-05 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on February 26, 2024 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ereth, Toler, Andrade, Rojas, Vivar
Zich
Klepack
None
Scott
Costa esa anning Commission
Resolution No. PC-2024-05
401
402
403
404
405
406
407
408
ATTACHMENT 5
409
Correspondence
received a�er 12 noon.
410
411
412
ATTACHMENT 6
413
414
415
416
417
-1-
PLANNING COMMISSION
AGENDA REPORT
MEETING DATE: February 26, 2024 ITEM NUMBER: PH-1 SUBJECT: PLANNING APPLICATION 22-37 TO ESTABLISH AN EVENT CENTER
WITH OUTDOOR ACTIVITIES, INCLUDING A REQUEST TO OFFER
VALET PARKING AND TO DEVIATE FROM PARKING
REQUIREMENTS, AT 3150 BEAR STREET
FROM: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/
PLANNING DIVISION
PRESENTATION BY: CAITLYN CURLEY, ASSISTANT PLANNER
FOR FURTHER
INFORMATION
CONTACT:
CAITLYN CURLEY, ASSISTANT PLANNER
(714) 754-5692
[email protected]
RECOMMENDATION:
Staff recommends the Planning Commission adopt a Resolution to:
1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities; and
2. Approve Planning Application 22-37, based on findings of fact and subject to conditions of approval.
APPLICANT OR AUTHORIZED AGENT:
The applicant and property owner is the Khoshbin Company. The authorized agent is Alireza Mirzaeiramin.
ATTACHMENT 7
418
-2-
PLANNING APPLICATION SUMMARY
Location: 3150 Bear Street Application Number: PA-22-37 Request: To establish an event center in the Administrative Professional (AP) zone with onsite valet parking and ancillary outdoor activities. A deviation from parking requirements is also requested.
SUBJECT PROPERTY: SURROUNDING PROPERTY:
Zone: Administrative Professional
(AP)
North: 405 Freeway
General Plan: General Commercial South: CL (Commercial Limited) and PDR-LD (Planned Development Residential – Low
Density)
Lot Dimensions: 580 feet x 445 feet East: R1 (Single Family Residential) Lot Area: 261,360 sq. ft. (6 acres) West: I & R (Institutional and Recreational) Existing
Development:
Single-tenant, 65,924 square-foot office building constructed in 1978.
DEVELOPMENT STANDARDS COMPARISON
Development Standard Required/Approved Proposed/Provided Building Height 3 stories / 44 FT1 3 stories / 44 FT
Development Lot Building Setbacks:
Front (Along I-405) 20FT/79 FT 79 FT
Side (Bear Street) 20FT/46 FT 46 FT
Side (Interior) 88 FT/60 FT 60 FT
Rear 88 FT/314 FT 314 FT
Parking 664/241 2412
Landscaping
Perimeter Landscaping Abutting Street 20 FT 20 FT
1 The existing building was previously approved through ZE-76-20 2 up to 401 spaces with valet parking
CEQA Status Class 1: Existing Facilities
Final Action Planning Commission
419
-3-
BACKGROUND:
The proposed use is located at 3150 Bear Street. The site is designated “General Commercial” by the Land Use Element of the General Plan and is zoned “Administrative Professional” (AP).
The subject property is approximately six acres in size and is currently developed with two structures. The primary building is a three-story 65,924-square-foot building that was constructed in 1978. The second structure houses the property’s on-site power plant. The remainder of the site is improved with 241 surface parking spaces and site landscaping, which includes the Grand Courtyard area that has colonnades, sculptures, and fountains.
The site is bounded by Bear Street and Shiffer Park to the west; the I-405 Freeway to the north; single-family residential properties to the east and south, and an office building to the south.
The Khoshbin Company purchased the property in August of 2021; however, only recently has the applicant occupied portions of the first and second stories of the primary building as office headquarters. The current office use of the space includes a social media studio (Suite 100), storage (Suite 150), professional office (Suite 200), and temporary assembly (Suite 250). The Khoshbin Company employs approximately 20 on- site employees. The third floor is currently unoccupied due to unfinished construction. As such, it will not be used for any purpose for the foreseeable future. However, should there be a need to utilize the third floor in the future, that proposed activity would be evaluated on a case-by-case basis and may require an amendment to this entitlement. In the meantime, the third floor will be physically blocked off to prevent unauthorized access, electricity to the third floor will be turned off, and the elevator will be programmed to prohibit access.
Prior to Khoshbin’s use of the site it was occupied by Trinity Broadcasting Network (TBN), a tele-evangelical church, as their international headquarters. TBN’s use of the site included offices, filming, broadcasting, and for publicly-attended church meetings for over 20 years. TBN ceased operations in 2017.
REQUEST:
The applicant requests Planning Commission approval of a conditional use permit to establish an event center. Although “event centers” are not a listed use in the Citywide Land Use Matrix, pursuant to Costa Mesa Municipal Code (CMMC) Section 13-30(d), when a proposed land use is not listed in the City’s Land Use Matrix, the Development Services Director shall determine if the proposed use is similar to another listed use in order to determine the appropriate entitlement process. Where no substantially similar use exists, a conditional use permit is required.
Additionally, the applicant proposes to allow outdoor activities in the Grand Courtyard ancillary to the indoor activities of the event center. This request is subject to the Planning 420
-4-
Commission’s approval of a minor conditional use permit pursuant CMMC Section 13-44 “Uses Underroof.”
Furthermore, the application proposes to allow for the option of valet parking. Valet parking is allowable subject to the approval of a conditional use permit pursuant to CMMC Section 13-96.
Finally, the applicant is requesting to deviate from the required parking for the event center use. Pursuant to CMMC Section 13-89.5, where it can be shown that the required parking for a nonresidential land use will substantially exceed the demand of the actual use, a reduction in the amount of required parking may be permitted with the approval of a minor conditional use permit.
DESCRIPTION:
The proposed event center would consist of three interior event spaces and a fourth event space located outdoors at the grand courtyard. As previously mentioned, the third floor of the primary building is not proposed for events. Table 1 below illustrates the primary building’s floor area and intended use of each suite; and Figures 1 and 2 on the next page show the location of each suite within the building:
Table 1 - Use and Floor Area by Suite
Suite Area Use Tenant
100 8,264 SF Social Media Studio Koshbin Company
100B 5,925 SF Atrium
(Event Space #1) Event Center
150 8,825 SF Storage Koshbin Company
200 8,782 SF Professional Office Koshbin Company
200B 7,272 SF Auditorium
(Event Space #2) Event Center
250 9,438 SF Dining Room
(Event Space #3) Event Center
300 8,752 SF Not in use Not in use
350 8,666 SF Not in use Not in use
Total Interior 65,924 SF
Grand
Courtyard
11,798 SF Grand Courtyard
(Event Space #4)
Event Center
Total: 77,713 SF
421
-5-
Figure 1 - First Floor Layout and Uses
Figure 2 - Second Floor Layout and Uses
Suite 100B
Atrium (Event Space #1)
Suite 150
Storage
Suite 100
Social Media Studio
Suite 200B
Auditorium (Event Space #2)
Suite 200
Professional Office
Suite 250
Dining Room (Event Space #3)
422
-6-
ANALYSIS:
Operations
As previously indicated, the applicant is currently using the property as an office headquarters for his business (Khoshbin Company). An office use is allowed by right in the “Administrative Professional” zoning district. The applicant has proposed to voluntarily restrict his office operations such that the event center and their headquarters office will not operate simultaneously.
As proposed, the event center could host no more than two events per day Monday through Friday from 8:00 a.m. to 10:00 p.m., and on Saturday and Sunday from 7:00 a.m. until 9:00 p.m. In consideration of the nearby residences, the applicant has proposed that outdoor event activities, including use of the Grand Courtyard, will end by 9:00 p.m.
Weddings and other ceremonies are the most commonly anticipated uses for the event center, although events such as corporate functions and fundraisers are also expected. The auditorium, specifically, is expected to be utilized generally on weekdays for corporate events; however, would be available on weekends as well. The other event spaces are expected to operate primarily during the weekends or in the evenings. The Grand Courtyard is an ancillary space to the indoor event spaces and would not be rented separately.
All events that offer food and beverages will be catered by independent vendors that are hired directly by the event host. No food preparation will occur on-site; however, a 715- square-foot prep-kitchen will be utilized in Suite 250 to support catering operations. The proposed project does not include a request for an Alcoholic and Beverage Control (ABC) license, as all beverage service and dining would be managed by catering vendors pursuant to valid licenses and approvals of other agencies such as ABC and the County of Orange Health Department.
The applicant is proposing limited live entertainment and no amplified sound on the exterior portions of the property. Live entertainment will be limited to a maximum of four musicians using only acoustic guitars, violins, harps, clarinets, and flutes.
The applicant’s proposal also prohibits multiple events from happening concurrently; however, a single event may use more than one of the four event spaces either simultaneously or sequentially. Regardless of which event spaces are used, under no circumstance will the number of attendees and staff, which include but are not limited to waitstaff, caterers, organizers, musicians, valet attendants and event managers, exceed 225 people on-site at one time.
Traffic, Circulation, and Parking
The event center will limit events to a maximum of two per day, will not allow multiple events to occur simultaneously and will restrict the headquarter offices and events from operating at the same time. Each event would also be limited to a maximum of 225 total people. To minimize traffic impacts during weekday rush hour periods, events will not start between 7:00 a.m. and 9:00 a.m. or end between 4:00 p.m. and 6:00 p.m. A trip generation letter prepared by Fehr and Peers, demonstrating these operating characteristics will result in less 423
-7-
than 100 peak-hour trips, is provided as Attachment 6 of this report. Because the use will generate less than 100 peak hour trips, the City does not require that a traffic study be prepared.
Site access is obtained from one driveway located along Bear Street. This driveway leads to on-site drive-aisles that wrap through the site and provide access to 241 surface parking spaces. While 241 parking spaces is more than enough parking to satisfy the demand for Koshbin Company’s headquarters office (173 spaces), it is less parking than required by the CMMC for the event center use (491 required). Therefore, the applicant is seeking approval of a minor conditional use permit to deviate from the City’s parking requirements of 664 parking spaces.
In support of reduced parking, the event center and headquarters office will not operate concurrently, and events will be limited to 225 total people. With these operational considerations, the available on-site parking will be adequate to meet demand assuming a worst-case scenario where there is maximum attendance (guests and staff) for an event and everyone drives to the event in a single-person occupied vehicle.
Although valet parking is not required to meet anticipated parking demand, the applicant is proposing an optional valet parking service for events. The applicant proposes valet staffing to consist of two to ten attendants depending on the size of the event. When valet service is being utilized, wayfinding signage will be placed on-site to direct guests to the valet podium.
Lastly, to prevent congestion on Bear Steet, the valet plan shows a provided queuing of approximately 28 vehicles on-site prior to the valet stand (the valet parking proposal is included as Attachment 5 to this report.)
Suite
Number
Floor Area Use Parking
Category
Parking Rate Required
Parking
100 8,264 SF Social Media Studio Office 4/1,000 33
100B 5,925 SF Atrium
(Event Space #1)
Event 16/1,000 95
150 8,825 SF Storage Office 4/1,000 35
200 8,782 SF Professional Office Office 4/1,000 35
200B 7,272 SF /
168 seats
Auditorium
(Event Space #2)
Auditorium 1 space /
3 seats
56 250 9,438 SF Dining Room
(Event Space #3)
Event 16/1,000 151
300 8,752 SF Vacant Office 4/1,000 35
350 8,666 SF Vacant Office 4/1,000 35
Grand
Courtyard
11,798 SF Grand Courtyard
(Event Space #4)
Event 16/1,000 189
Total: 77,713 SF 664
424
-8-
GENERAL PLAN CONFORMANCE:
1. Policy LU-6.10: Encourage a broad range of business uses that provide employment at all income levels and that make a positive contribution to the City’s tax base.
Consistency: The addition of an event center will add to the facilities available to meet the needs of Costa Mesa businesses, organizations, and residents and will help to diversify the City’s business and economic base. Given the nature of how this event center will operate, it will also provide opportunities for other businesses to grow and employ more people in areas like valet services, catering services, florists, photography, and etc.
2. Policy LU-7.6 : Seek out opportunities to attract primary businesses within stable industries and support industries that already exist within the City.
Consistency: The addition of an event center will add to the range of businesses available to support the local business community.
JUSTIFICATIONS FOR APPROVAL:
Pursuant to Title 13, Section 13-29(g), Conditional and Minor Conditional Use Permit Findings of the CMMC, to approve the project, the Planning Commission must make the following findings to approve the project:
The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.
Operating consistent with the recommended condition of approval, the proposed event center is compatible with developments in the general area and would not be detrimental to nearby properties. The event center’s daily activities would limit the maximum number of people on-site at any one time to no more than 225 (both guests and staff), would prevent the office use and event center from operating concurrently, would primarily occur indoors, and that any outside activity is conditioned to minimize potential noise impacts to the neighbors by limiting the number of musicians, types of musical instruments, and prohibiting amplified sound. There is also a condition that requires staggered arrival times to avoid potential traffic/circulation conflicts between persons departing from and arriving to the center between events. Closing times for the event center are also in line with the City’s Noise Ordinance and condition the project to cease outdoor activities by 9:00 p.m. and indoor activities by 10:00 p.m.
As for parking, the minor conditional use permit request to deviate from parking is also appropriate. The City’s parking code would require 664 parking spaces based on the size of the suites and uses. However, because the event center is conditioned to have a maximum capacity not exceeding 225 persons (including 425
-9-
attendees and staff), it is clear that the actual parking demand will be less than is otherwise required. As the site has 241 available parking spaces and the worst- case parking demand is for 225 spaces, there would be surplus available on-site and, therefore, the request to deviate from parking is reasonable. Moreover, valet parking service will help to minimize adverse impacts upon adjacent residential properties by concentrating the drop-off and pick-up of vehicles at a centralized located deeper into the project site and, importantly, away from the homes. Only one valet attendant would be responsible for transporting the vehicle between its parked location and the owner of the vehicle. As such, more intense activity proximate to the common property line would be minimized.
Granting the conditional use permit or minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.
Granting conditional and minor conditional use permits will not be detrimental to the health, safety, and general welfare of the public or immediate neighborhood in that the operational characteristics of the event center have been limited to minimize negative impacts to the neighborhood. These characteristics include limiting the event’s occupants to 225 people (including guests and staff), implementing a valet parking service, and prohibiting amplified sound outdoors.
The event center will also not operate while any other uses are in operation. Finally, closing times have been implemented for the event center for both outdoors (9:00 p.m.) and indoors (10:00 p.m.). Additionally, because the event center is conditioned to have a maximum capacity not exceeding 225 persons (including attendees and staff), it is clear that the actual parking demand will be less than is otherwise required by code. As the site has 241 available parking spaces and the worst-case parking demand is for 225 spaces, there would be surplus available on-site and, therefore, the request to deviate from parking is reasonable. And when valet parking service is utilized, it will help to minimize adverse impacts upon adjacent residential properties by concentrating the drop-off and pick-up of vehicles at a centralized located deeper into the project site and, importantly, away from the homes. Therefore, the proposed application requests will not have a detrimental effect to the health, safety, and general welfare of the public or nearby improvements.
Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity that is not in accordance with the general plan designation and any applicable specific plan for the property.
The proposed use is occupying the existing building and is not proposing any modification to its square footage. While the proposed use does increase the number of vehicular trips to the site and the number of potential occupants within the building, the offset hours and operations ensure that the use will remain in conformance with the General Plan.
426
-10-
ENVIRONMENTAL DETERMINATION:
The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1), Existing Facilities.The Project proposes a conditional use permit for an event center with valet parking, and a minor conditional use permit for outdoor activities, and a deviation from parking requirements. No substantial physical improvements to the existing building would result from the project. Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. The Project would not result in a cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location and would not impact any historic resources.
ALTERNATIVES:
The Planning Commission may approve the project as proposed, subject to the conditions outlined in the attached Resolution, or:
1. Approve the project with modifications . The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, staff will return with a revised Resolution incorporating new findings and/or conditions.
2. Deny the project. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application, provide facts in support of denial, and direct staff to incorporate the findings into a Resolution for denial. If the project were denied, the applicant could not submit substantially the same type of application for six months.
LEGAL REVIEW:
The draft Resolution has been approved as to form by the City Attorney’s Office.
PUBLIC NOTICE:
Pursuant to CMMC Section 13-29(d) three types of public notification have been completed no less than 10 days prior to the date of the public hearing:
1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500-foot radius of the project site. The required notice radius is measured from the external boundaries of the property.
427
-11-
2. On-site posting. A public notice was posted on each street frontage of the project site.
3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper.
As of this report, no written public comments have been received. Any public comments received prior to the February 26, 2024 Planning Commission meeting will be provided separately.
CONCLUSION:
The proposed event center would be an asset to the community, providing employment and a gathering space for residents of the City of Costa Mesa and the region. Numerous operational conditions are proposed by the applicant and recommended to ensure neighborhood compatibility. As the subject property has been vacant for several years, rebranding the site as a gathering space for events provides a favorable opportunity to revitalize an underutilized property.
Attachments: 1. Draft Planning Commission Resolution
2. Applicant Letter
3. Vicinity Map
4. Zoning Map
5. Valet Plan
6. Trip Generation Letter
7. Project Plans
428
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-051 Meeting Date: 4/16/2024
TITLE:
FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE AND ADJUSTMENTS DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR (714) 754-5243 RECOMMENDATION:
The Finance Department is undergoing the mid-year budget review for Fiscal Year 2023-24 that began on July 1, 2023. Certain staffing changes are recommended to assist in achieving City Council goals and priorities as soon as possible. In addition, Funds in the Capital Improvement Program (CIP) that need to be carried over into Fiscal Year 2023-24 require City Council approval.
1. Amend the Table of Organization to add 3.27 new FTEs in the Economic and Development Services Department (2.0 FTEs); Parks and Community Services (0.75 FTE); and the Police Department (0.52 FTEs) to help achieve City Council goals and priorities related to housing, park and environmental resources management, and public safety.
2. Approve FY 2023-24 Staffing title changes and compensation adjustments to realign positions with current operational needs in multiple departments. a. Approve Resolution No. 2024-XX, approving new classification and salary/pay ranges for an Animal Services Coordinator, new title for Multimedia Specialist and new title and pay ranges for Finance Officer.
b. Approve Resolution No. 2024-XX approving compensation adjustments for Finance Officer (Confidential).
c. Approve Resolution No. 2024-XX creating new classification and salary/pay ranges for Graduate Intern and compensation adjustments for Intern classification, absorbed within the existing adopted budget, in order to create a more viable pipeline of applicants to recruit City employees.
3. Approve FY 2023-24 Budget Carryovers from the prior year in the General Fund and the various Capital Projects Funds for outstanding capital projects.
429
File #: 24-051 Meeting Date: 4/16/2024
BACKGROUND:
The FY 2022-23 Year-End Financials were presented to City Council on February 20, 2024. The financial statements were prepared in conformity with generally accepted accounting principles (GAAP) as set by the Governmental Accounting Standards Board (GASB) and the audit was performed in accordance with auditing standards generally accepted in the United States of America.
The City received an unmodified opinion on the financial statements, the best and highest audit opinion the City could receive. The General Fund’s Fund Balance increased by $1.3 million, increasing the total General Fund Balance Reserves to a total of $59 million. In addition, almost $4.7 million in General Fund surplus funds were transferred into other funds and reserves to address other projects and priorities as recommended by FiPAC and approved by the City Council.
Mid-Year Report
On June 6, 2023, the City Council approved a General Fund (Fund 101) balanced budget of $180.3 million and the All Funds (including Restricted Funds) budget totaled $234 million with a total of 588 Full-Time Equivalents (FTEs) across City Departments. Staff is providing a mid-year status of General Fund revenues and expenditures.
Personnel Requests
Costa Mesa is a full service City providing services through multiple departments and programs. In order to ensure the continuity of these critical services, the City is requesting mid-year approval of key positions in Economic and Development Services, Parks and Community Services and Public Safety. The position augmentation request has a net full-time equivalent (FTE) of 3.27 positions.
Carryovers
Each fiscal year, there are budgeted programs, activities and capital improvement projects that have not been completed by the close of the fiscal year. Previously approved, but unspent appropriations (carryovers) and contingent liability reserves for current CIP projects, purchases, or contracts that are paid in the following fiscal year (encumbrances) are financial obligations against reserves.
Attachment 1 details the breakdown of projects that are requested to carry over into FY 2023-24.
Fiscal prudence requires that such obligations be limited and approved by City Council.
ANALYSIS:
FY2023-24 MID-YEAR REPORT
Overall, the FY 2023-24 Second Quarter Financial Report indicates that revenues and expenditures are consistent with projections made in the FY 2023-24 Amended Budget. Since a significant portion of our revenues and expenses do not occur evenly throughout the year, the remaining third and fourth quarter numbers cannot simply be extrapolated to arrive at the full year’samounts. However, we do utilize the best information available and historical data to provide an estimate of the fiscal year-end performance. As of December 31, 2023, the General Fund recorded 37% of the projected revenues and 53% of budgeted expenditures. These percentages are consistent with projections for this time of the fiscal year.
As of December 31, 2023, total General Fund revenues are $66.3 million and expenditures are $95.5 million, representing 53% of total expenditure budget. City departments strive towards achieving City Council’sgoals for long-term fiscal sustainability by monitoring revenues and identifying strategies to
430
File #: 24-051 Meeting Date: 4/16/2024
Council’sgoals for long-term fiscal sustainability by monitoring revenues and identifying strategies to improve performance. Moreover, departments exercise prudence with the budget to deliver effective and efficient benefits to the residents of Costa Mesa. As of this writing, the City continues to have a balanced budget, and existing vacancy savings can be used to fund these changes, with ongoing funding added to the Fiscal Year 2024-25 Proposed Budget.
Requested Amendments to the Table of Organization
Economic and Development Services Department
The Economic and Development Services Department is requesting one (1) additional full-time Planning and Sustainable Development Manager to lead a team focused on development and implementation of the City’slong range planning work programs. A manager position is necessary to lead and administer the numerous long range planning programs at the City including implementation of the Housing Element in order to achieve State Housing Element certification. These efforts include responsibility and staff/consultant oversight for the intensive zoning code amendments, re-zoning and General Plan amendments required to implement Measure K, lead the effort to develop objective design standards, oversee the development and implementation of work programs identified in the City’s approved Housing Element, along with the associated Environmental Impact Report (EIR) efforts.
The Planning and Sustainable Development Manager would also implement, manage, monitor, and enforce the proposed inclusionary/affordable housing ordinance. The tasks would include but are not limited to the collection and management of in-lieu fees, preparation of requests for proposals for housing projects funded by in-lieu fees, agenda reports for the allocation of in-lieu housing funds, development of community development partnerships, preparation and monitoring of affordable housing agreements for each inclusionary project, annual rent certifications to ensure required units are rented to households at the appropriate income levels, and appropriate tracking and reporting of units to the State annually. This manager position is a companion position to the recently approved Planning and Sustainable Development Manager position that leads the Current Planning and Project Entitlement team.
The Development Services Department is also requesting to add one (1) Building Technician. The Development Services Department’s Building Division provides plan review, permitting and inspection services to ensure compliance with mandatory state guidelines. The Development Services Department’sBuilding Division provides plan review, permitting and inspection services to ensure compliance with mandatory state use and occupancy of private and public buildings and properties. The additional staff will assist in providing and processing information through TESSA for property owners, developers, contractors, architects, and others.
Some of the essential functions include: provide general and technical information to permit applicants, receive and review building permit applications for completeness and compliance with established regulations, routing plans to different departments for review, calculate and collect fees.
The City Clerk’sOffice has been taking on these additional workload overflow duties since Permit Technicians must prioritize in-person customers. Based on the above responsibilities, an additional technician is necessary and will improve the customer service experience in the City.
431
File #: 24-051 Meeting Date: 4/16/2024
Parks and Community Services Department
The Parks and Community Services Department is requesting to convert a part-time Sr. Community Services Leader (0.25) to one (1.0) full-time Recreation Specialist. This Recreation Specialist will assist with support in park restoration projects and public education programs. Converting the position will help in coordinating and supporting a variety of conservation, restoration, outreach and resource management activities for the City’snatural parklands to ensure environmental compliance with federal, state and local laws and regulations and the preservation and operations of Fairview Park. In addition, the large amount of grant funded projects for Fairview Park will require additional assistance to complete while continuing to provide regular park programming. The current workload related to Fairview Park management requires at least one additional staff person to fulfill those obligations. This is an issue that has been raised by the CMCEA (general employees) Association as well. They are supportive of this position.
Police Department
The Police Department is requesting to convert a part-time Property and Evidence Specialist position (0.75), to one (1) full-time Property & Evidence Specialist. The Property and Evidence Bureau is responsible for securely storing and preserving all property and evidence acquired by the Police Department. During the past three years, the Property and Evidence Bureau received and processed an annual average of 12,836 items booked into property and evidence. Ensuring adequate staffing for the volume of property and evidence is crucial. Converting the position to full-time will assist the Bureau in meeting the increased demands and workload including maintaining the property warehouse, booking and purging property and evidence, coordinating fleet maintenance, purchasing, issuing and tracking police issued duty gear and equipment and will assist with retention.
The Police Department is also requesting to convert a part-time Sr. Community Services Leader (0.48) and part-time Office Specialist II (0.25) to one (1) full-time Permit Processing Specialist and retitle the full-time Recreation Coordinator position in the Police Department to a newly created Animal Services Coordinator classification with no fiscal impact. As part of the FY 2023-24 adopted budget, Animal Services was moved from the Parks and Recreation Department to the Police Department. This move included the transfer of a Recreation Coordinator and a Sr. Community Services Leader to the Police Department.
The City is on pace to have over 3,000 animal control calls for service and process over 3,100 animal license applications. As the “recreation coordinator” and “community services leader” classifications are aligned with the Parks and Community Services Department, the two new position titles have been created to better align with the Police Department and its functions. The Permit Processing Specialist will assist in processing animal licensing and provide administrative support to the Animal Services Bureau. The new Animal Services Coordinator classification will better align to the classification structure for the Animal Services Bureau. This action is cost neutral.
Summary
In summary, the total net increase to the Citywide Table of Organization of these changes including the new positions, reallocations of classifications and part-time to full-time conversion is 3.27 FTE for all Departments. The updated Table of Organization for each affected Division is reflected in Attachment 3. A summary of the proposed updates and resultant costs is contained below.
432
File #: 24-051 Meeting Date: 4/16/2024
Compensation Adjustments / Classification Updates
The Human Resources Division makes recommendations to the City Manager that may require adjustments based on input from City departments and labor associations along with recruitment and retention trends.
Hard-to-fill positions include positions that are currently vacant, positions that are not currently vacant but are traditionally hard to fill, and positions which are currently filled but are expected to be difficult to fill in the future or retain for long term due to their relative position in the marketplace as being well under market compensation. Further, certain positions would adversely impact City operations if the position were to become vacant and would be difficult to fill at current salaries. Some adjustments are also recommended to maintain internal alignment or to address compaction issues with supervisory classifications.
The City Manager’s Office has requested a title change from Video Production Specialist to Multimedia Specialist. Updating the title will attract more candidates, during the recruitment process, who have experience working with a variety of media including various social media platforms.
There is no fiscal impact for this update.
On September 19, 2023, the City Council approved market adjustments for positions in the Analyst series including an adjustment for Financial Analyst. In order to address compaction issues between the Revenue Supervisor and Financial Analyst which it supervises, an adjustment is being
433
File #: 24-051 Meeting Date: 4/16/2024
the Revenue Supervisor and Financial Analyst which it supervises, an adjustment is being recommended for the Revenue Supervisor classification. The estimated fiscal impact is $76,407 annually. This recommendation is for all the Finance Department Supervisors to include Revenue Supervisor, Accounting Supervisor, Purchasing Supervisor and Payroll Supervisor to maintain internal alignment.
The Finance Department is also requesting a new job classification titled Finance Officer to replace the department’ssupervisor classification. This will realign the compensation and duties to allow for succession planning in the department. The Finance Officers oversee the duties and responsibilities of the analysis series, including Finance Analyst and Sr. Budget Analyst. This will prepare the Finance Officers for the next Finance Management series, thereby ensuring internal staff has the opportunity to develop leadership skills to ensure successful succession planning for the City.
Finance is a critical component of the City’s infrastructure, as staff manages, processes, and implements financial transactions and strategies to ensure long term fiscal sustainability for the City.
The Human Resources Division is developing a new internship program to create a pipeline for identifying and nurturing local talent. Providing opportunities for students and recent graduates to gain practical experience within a municipality cultivates a pool of skilled individuals who can later become valuable employees. The Human Resources Division has been partnering with and attending job fairs at local universities and the most asked question at these fairs is regarding internship opportunities. Currently, the City offers one internship level paid at minimum wage. To encourage local students and recent graduates to participate in our internship program, it is recommended to increase the intern pay range and create two levels of internships: one geared towards undergraduate students and one geared towards recent graduates or graduate students.
The Human Resources Division is requesting to increase the compensation for the Intern (undergraduate) classification and create a new classification of Graduate Intern. Departments will absorb the fiscal impact within their budget if they choose to hire interns.
ALTERNATIVES:
The alternative to the Council action would be to refrain from approving the requested items. Staff does not recommend this action as certain City services, programs, activities or projects may be delayed.
FISCAL REVIEW:
The Fiscal Year 2022-23 carryovers are detailed in Attachment 1. The fiscal impact related to the approval of position requests will be absorbed by each affected Department in the current fiscal year.
The annual estimated impact of $487,983 will be included in the respective departments’FY 2024/25 proposed budget.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and approves as to form.
434
File #: 24-051 Meeting Date: 4/16/2024
CITY COUNCIL GOALS AND PRIORITIES:
Strengthen the Public’s Safety and Improve the Quality of Life · Achieve Long-term Fiscal Sustainability
· Recruit and Retain High Quality Staff
· Diversify, Stabilize and Increase Housing to Reflect Community Needs · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
1) Approve FY 2023-24 Budget Carryovers from the prior year in the General Fund and the various Capital Projects Funds (Attachment 1).
2) Approve FY 2023-24 Staffing Realignments and compensation adjustments in multiple departments citywide (Attachment 2).
a) Approve Resolution No. 2024-XX, approving new classification and salary/pay ranges for an Animal Services Coordinator, new title for Multimedia Specialist and new title and pay ranges for Finance Officer.
b) Approve Resolution No. 2024-XX approving compensation adjustments for Finance Officer (Confidential).
c) Approve Resolution No. 2024-XX approving new classification and salary/pay ranges for Graduate Intern and compensation adjustments for Intern.
435
Attachment 1
FY 2022-23 CIP Rollovers into FY 2023-24
PROJECT/ ACCOUNT FUND Rollover Amount
200009-Corp Yard Fleet Shop Epoxy Fl 401-Capital Improvements Fund 75,000 200013-FS#2 Reconstruction 401-Capital Improvements Fund 2,092,430 200040-HVAC Replac Various Facilities 401-Capital Improvements Fund 165,643 200062-Building Maintenance Projects 401-Capital Improvements Fund 126,981 200066-PD-Removal Undrg Fuel Tank 401-Capital Improvements Fund 123,733 200072-FS#1 Dehumidifier Install 401-Capital Improvements Fund 229,283 200077-Cty Hall Cast Iron Drain 401-Capital Improvements Fund 271,652 200080-City Hall Training Room 401-Capital Improvements Fund 429,959 200085-IT Department Relocation 401-Capital Improvements Fund 233,162 200086-Land Management System 603- IT Replacement Fund 1,257,580 200087-ERP HR Finance Payroll 603- IT Replacement Fund 4,741,190 200091-City Hall Elevators Modern 401-Capital Improvements Fund 95,219 200092-Fire Suppression System 401-Capital Improvements Fund 85,261 200094-Range Remodel/Update 401-Capital Improvements Fund 1,068,112 200097-EV Fleet and Infrastructure 203- Quality Improvement Fund 266,525 200099-Finance Security/Eff. Remodel 401-Capital Improvements Fund 251,359 200103-VOIP(VoiceOvrInternetProtocol 603-Replacement Fund 450,000 200105-Housing Element and Visioning 222-Costa Mesa Housing Authority 2,400,000 210001-Police L3 Car Video System 601-Equipment Replacement Fund 456,450 210004-FS Minor Projects FS 2-6 401-Capital Improvements Fund 26,474 210005-Citywide Parking Study 401-Capital Improvements Fund 13,540 210007-Disastr Recv Bus Cntinuity Pln 603- IT Replacement Fund 121,458 210008-Phys/Cybr Security Assessm/Imp 603- IT Replacement Fund 77,678 210009-Police Vehicle Computers 603- IT Replacement Fund 9,514 210010-Citywid Com Choice Energy Study 401-Capital Improvements Fund 150,000 210012-City Hall-Paint, Carpet & Misc 401-Capital Improvements Fund 53,085 210013-Fire Station 4 Training Tower 401-Capital Improvements Fund 2,527,989 210013-Fire Station 4 Training Tower 231- Grants - State 2,500,000 210014-Fire Station 6 Roof Replacement 401-Capital Improvements Fund 192,500 210015-PD- Emergency Comm Facilities 401-Capital Improvements Fund 278,999 210016-Police Dept Parking Lot Reconf 401-Capital Improvements Fund 203,500 210017-PD Structural Foundation Rep 401-Capital Improvements Fund 326,150 210018-Citywide Security Camera Repl 603- IT Replacement Fund 2,857 250001-Code Enforcement Complaint 603- IT Replacement Fund 130,000 250002-Parks Com Services Application 603- IT Replacement Fund 110,000 250003-Desktop Replacement Program 603- IT Replacement Fund 231 250004-Office 365 Assessmnt/Implemnt 603- IT Replacement Fund 450,000 250005-Fire Mobile Data Computers 603- IT Replacement Fund 238,859 250006-Enterprise GIS Master Plan 603- IT Replacement Fund 50,000 250007-Print Management Services 603- IT Replacement Fund 116,000 280001-Fire Engine Apparatus 602-Equipment Replacement Fund 300,000 300005-Adams Ave Imp RMRA 251- RMRA Fund 2,278,862
300008-Wilson Street Imp 201-Gas Tax Fund 435,000
300148-Bicycle Racks Citywide 214- Traffic Impact Fees Fund 178,482 300162-I-405 Improvement 401-Capital Improvements Fund 54,139 300163-Neighborhood Traffic Improvement 401-Capital Improvements Fund 77,661 300169-Newport(Victoria/22nd to 19th 251- RMRA Fund 1,084,324 300171-SB Newp Bl Impr Mesa Victoria 251- RMRA Fund 1,868,612 300172-Pavement Mitigation I-405 Pro 232-Grants - Other 661,980 300173-Newp NB 22thBrist SB BristMesa 251- RMRA Fund 2,039,960 300174-Adams at Pinecreek Imp 401-Capital Improvements Fund 688,425 300174-Adams at Pinecreek Imp 214- Traffic Impact Fees Fund 58,566 300174-Adams at Pinecreek Imp 416- Measure "M2" Fairshare 18,063 436
Attachment 1
300177-CDBG Westside St Impr. Wilson 201- Gas Tax Fund 257,000 300178-Sunflower Ave Rehabilitation 251- RMRA Fund 2,570,782 300179-Adams Ave Active Transp. Proj 401-Capital Improvements Fund 1,120,000 300180-Bicycle Safety Education 401-Capital Improvements Fund 150,000 300181-Fairview Road Improvement 230- Grants - Federal 331,116 300181-Fairview Road Improvement 214- Traffic Impact Fees Fund 232,100 350030-Westside Restoration Project 401-Capital Improvements Fund 532,430 360003-Citywid Bicyc Trail Wayfnd Sig 401-Capital Improvements Fund 28,034 370010-Mesa Del Mar Multimodal Access 401-Capital Improvements Fund 195,929 370010-Mesa Del Mar Multimodal Access 214- Traffic Impact Fees Fund 100,000 370034-Fairview Traffic Signal Sync 415- Measure "M2" Fund 47,106 370034-Fairview Traffic Signal Sync 214- Traffic Impact Fees Fund 5,377 370039-Baker/Placntia/19th/Victr TSSP 415- Measure "M2" Fund 725,538 370039-Baker/Placntia/19th/Victr TSSP 214- Traffic Impact Fees Fund 99,125 370039-Baker/Placntia/19th/Victr TSSP 203- Quality Improvement Fund 82,011 370042-Bus Shelter Improvement 401-Capital Improvement Fund 300,000 370056-Bear St Traffic Sig Synch Proj 214- Traffic Impact Fees Fund 31,000 370056-Bear St Traffic Sig Synch Proj 415- Measure "M2" Fund 5,063 370056-Bear St Traffic Sig Synch Proj 401-Capital Improvements Fund 1,765 370056-Bear St Traffic Sig Synch Proj 203- Quality Improvement Fund 748 370057-RedHill Ave TSSP 203- Quality Improvement Fund 66,080 370059-W 19th St Wallace Av Traf Sig 401-Capital Improvements Fund 287,631 370059-W 19th St Wallace Av Traf Sig 214- Traffic Impact Fees Fund 192,037 370059-W 19th St Wallace Av Traf Sig 416- Measure "M2" Fund 6,329 400012-Alley Improvements Citywide 201- Gas Tax Fund 900,000 400012-Alley Improvements Citywide 416-Measure "M2" Fairshare 139,112 400015-Street Maintenance Citywide 201- Gas Tax Fund 4,662,529 400015-Street Maintenance Citywide 416- Measure "M2" Fund 3,906,795 400015-Street Maintenance Citywide 401-Capital Improvements Fund 1,300,592 400023-Clean CA Beautification Prog 231- Grants - State 136,464 450009-West 19th Bike Trail 203- Quality Improvement Fund 58,213 450010-Class II and III Bicycle Proj 214- Traffic Impact Fees Fund 903,281 450010-Class II and III Bicycle Proj 401-Capital Improvements Fund 11,896 450013-Adams Ave Multi Purp Des Trail 201- Gas Tax Fund 174,218 450013-Adams Ave Multi Purp Des Trail 416- Measure "M2" Fund 17,837 450015-Bicycle/Pedestrian Infra Imp 214- Traffic Impact Fees Fund 348,024 450015-Bicycle/Pedestrian Infra Imp 416- Measure "M2" Fund 25,103 450016-Mesa/Santa Ana Bicycl Fac Imp 214- Traffic Impact Fees Fund 100,000 450017-MV/Peterson Pl Class II Bicycle 214- Traffic Impact Fees Fund 100,000 470002-West 18th & Wilson Crosswalks 214- Traffic Impact Fees Fund 375,316 500009-New Sidewalks Citywide 201- Gas Tax Fund 200,001 500010-Parkway Maint Program Citywide 416- Measure "M2" Fund 488,330 500010-Parkway Maint Program Citywide 201- Gas Tax Fund 461,299 500010-Parkway Maint Program Citywide 401-Capital Improvements Fund 183,757 500017-Priority Sidewalk Repair 201- Gas Tax Fund 125,272 510600-Maintenance and Construction 413-Golf Course Improvement Fund 150,000 530200- Consulting/590800 - Other Equipment 208-Park Dvelopment 287,515 530200-Consulting 101-General Fund 879,072
530200-Consulting/ Grants, Loans and Subsidies 222-Costa Mesa Housing Authority 1,287,508 530200-Consulting/ Grants, Loans and Subsidies 231- Grants - State 1,147,413 530300- Legal/Consulting /Building 223-CMHA James/ 18th ST Property 207,260 535500- Grants, Loans and Subsidies 216-Rental Rehab Program Fund 80,000 535500-Grants, Loans and Subsidies 204-American Rescure Plan Fund 1,560,000 535500-Grants, Loans and Subsidies 205-Home Program Fund 290,532 540100- General Liability 602-Self Insurance Fund 2,177,540 550008-Catch Basin Inserts-Var Location 209-Drainage Fees Fund 25,883 550008-Catch Basin Inserts-Var Locatn - 209-Drainage Fees Fund 30,000 550011-Citywide Storm Drain Imprv 401-Capital Improvements Fund 889,750 437
Attachment 1
550011-Citywide Storm Drain Imprv 209-Drainage Fees Fund 554,455 550021-Bristol St Storm Drain Divers 401-Capital Improvements Fund 65,524 550022-Westside Storm Drain Improve 209-Drainage Fees Fund 1,522,790 550023-Placentia Ave. Stormwater 415- Measure "M2" Fund 383,831 590500-Automotive Equipment 601-Equipment Replacement Fund 5,148,580 590800- Other Equipment 601-Equipment Replacement Fund 160,000 700021-Wilson TeWinkle Prk Bridg Rep 208-Park Development Fees Fund 177,099 700027-TeWinkle Skate Park Expansion 208-Park Development Fees Fund 100,000 700027-TeWinkle Skate Park Expansion 401-Capital Improvements Fund 32,158 700054-Westside Park Development 208-Park Development Fees Fund 250,000 700080-Pk SecurityLightingReplacement 208-Park Development Fees Fund 62,252 700106-Sidewalk Replacment -Var Parks 401-Capital Improvements Fund 64,686 700110-Open Space Master Plan Update 208-Park Development Fees Fund 75,000 700110-Open Space Master Plan Update 401-Capital Improvements Fund 16,592 700111-Various Parks Rehab 401-Capital Improvements Fund 70,000 700115-Jack Hammett Field Upgrade 208-Park Development Fees Fund 309,263 700128-Park Sidewalk Access Program 401-Capital Improvements Fund 104,000 700128-Park Sidewalk Access Program 201- Gas Tax Fund 40,000 700129-Shalimar Park Improvement 208-Park Development Fees Fund 243,060 700132-Fairview Park Vernal Pool Rest 231- Grants - State 109,811 700132-Fairview Park Vernal Pool Rest 401-Capital Improvements Fund 57,857 700133-Canyon Pk Invntr Mgmt Restore 208-Park Development Fees Fund 60,000 700134-Fairview Pk Fence Sign Trail 208-Park Development Fees Fund 144,103 700135-Fairview Pk Master Plan Update 208-Park Development Fees Fund 254,744 700137-TeWinkle Park Lakes Repairs 208-Park Development Fees Fund 14,585 700139-Ketchum-Libolt Park Expansion 401-Capital Improvements Fund 1,000,000 700139-Ketchum-Libolt Park Expansion 231- Grants - State 247,520 700139-Ketchum-Libolt Park Expansion 208-Park Development Fees Fund 43,060 700140-Costa Mesa Tennis Center Impro 401-Capital Improvements Fund 300,000 700141-CM Country Club Modernization 413-Golf Course Improvement Fund 350,000 700142-Brentwood Park Improvements 401-Capital Improvements Fund 250,000 700143-Butterfly Gardens 401-Capital Improvements Fund 100,000 700144-Fairview Park-Pump Station 401-Capital Improvements Fund 98,810 700145-Shalimar Park Expansion 401-Capital Improvements Fund 1,000,000 700146-Various Parks - Playground Rep 401-Capital Improvements Fund 17,571 700154-Golf Course & Tennis Ctr Imp 401-Capital Improvement Fund 1,200,000 800015-NCC - Library Development 401-Capital Improvements Fund 451,349 800029-EOC Equipment Update 401-Capital Improvements Fund 127,813 800030-Senior Center Fire Alarm Panel 401-Capital Improvements Fund 71,500 800031-Westside Police Sub-Station Im 401-Capital Improvements Fund 150,000 800031-Westside Police Sub-Station Im 231- Grants - State 61,125 800032-Lion Park Cafe 401-Capital Improvement Fund 1,100,000 911033-ARPA Mercy House Rental Assist 222-Costa Mesa Housing Authority 902,738 Grand Total 80,632,036$
438
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTIONS NO. 2022-73 AND 2022-74 TO RENAME
AND REVISE THE PAY RANGE FOR PAYROLL SUPERVISOR IN THE
CONFIDENTIAL UNIT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, on November 15, 2022, the City Council adopted Resolutions No. 2022-72, 202 2-73, and 2022-74 revising the pay ranges for job classifications in the Confidential Unit; and
WHEREAS, on September 19, 2023, the City Council adopted Resolution 2023 - 46 amending Resolutions No. 202 2-73 and 2022-74 approving updates to various classifications; and
WHEREAS, the City Council desires to rename the existing “ Payroll Supervisor” as the “Finance Officer (Confidential)” classification; and WHEREAS, the City Council further desires to amend Resolutions 2022 -73 and 2022-74 to revise the pay ranges for the Finance Officer (Confidential).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:
SECTION 1. The existing “Payroll Supervisor” classification is hereby renamed as the “Finance Officer (Confidential)” classification.
SECTION 2. The following pay ranges and monthly rates of pay for the identified job classification are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes September 24, 2023 . The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.
Class Class Title Salary Grade Step
Code Plan 1 2 3 4 5 6 7
0173 Finance Officer (Confidential) CON 559 $9,265 $9,728 $10,214 $10,725 $11,261 $11,824 $12,415 Monthly $111,180 $116,736 $122,568 $128,700 $135,132 $141,888 $148,980 Annual $53.45 $56.12 $58.93 $61.88 $64.97 $68.22 $71.63 Hourly
ATTACHMENT 2
439
SECTION 3. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes July 1, 2024. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.
Class Class Title Salary Grade Step
Code Plan 1 2 3 4 5 6 7
0173 Finance Officer (Confidential) CON 559 $9,542 $10,019 $10,520 $11,046 $11,598 $12,178 $12,787 Monthly $114,504 $120,228 $126,240 $132,552 $139,176 $146,136 $153,444 Annual $55.05 $57.80 $60.69 $63.73 $66.91 $70.26 $73.77 Hourly
SECTION 4. Except as modified by this Resolution, Resolution s No. 2022-72, 2022-73, 2022-74 and 2023-46 shall remain in full force and effect.
PASSED AND ADOPTED this 2nd day of April, 2024.
______________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
440
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 is the original of Resolution No. 2024-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of April, 2024, 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 3rd day of April, 2024.
__________________________
Brenda Green, City Clerk
(SEAL)
441
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA REVISING THE RATES OF PAY FOR PART-TIME CLASSIFICATIONS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, on June 18, 2019, the City Council adopted Resolution No. 19-33 revising the pay ranges for part-time job classifications; and WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 2021- 52 revising pay ranges in the Community Services Leader and Lifeguard series; and WHEREAS, on March 21, 2023, the City Council repealed and replaced Resolution No. 2021 -52 with Resolution 2023 -16 further revising pay ranges in the Community Services Leader and Lifeguard series; and
WHEREAS, on September 19, 2023, the City Council adopted Resolution No. 2023-48 revising pay ranges for and renaming the existing “Police Aide” as the “Police Cadet” classification; and
WHEREAS, the City Council desires to amend Resolution No. 19 -33 to establish the new classification of Graduate Intern and establish the pay ranges for the new classification; and
WHEREAS, the City Council desires to amend Resolution No. 19-33 to revise the pay ranges for the classifications specified herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:
SECTION 1. Section 1 of Resolution No. 19-33 is hereby amended to establish the new job classification of Graduate Intern and to establish the pay ranges for the new job classification as set forth herein.
SECTION 2. The following pay ranges and hourly rates of pay for the identified job classificatio ns are hereby established and placed under the Part-Time Salary Schedule effective the pay period that includes April 7, 2024. The hourly rate of pay may also be in increments between the hourly minimum and maximum pay step.
Class Class Title Grade Step
Code 1 2 3 4 5
0601 Intern 462 $23.00 $24.15 $25.36 $26.63 $27.96 Hourly 0603 Graduate Intern 329 $25.00 $26.25 $27.56 $28.94 $30.39 Hourly
ATTACHMENT 3
442
SECTION 3. Except as modified by this Resolution, Resolutions No. 19-33, 2023- 16 and 2023-48 shall remain in full force and effect.
PASSED AND ADOPTED this 2nd day of April, 2024.
______________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
443
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 is the original of Resolution No. 2024 -XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of April, 2024, 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 3rd day of April, 2024.
__________________________
Brenda Green, City Clerk
(SEAL)
444
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTIONS NO. 2022-70 AND 2022-71 TO
ESTABLISH A NEW CLASSIFICATION, RENAME AND REVISE THE PAY RANGES
FOR VARI OUS CLASSIFICATIONS OF EMPLOYEES REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION.
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, on November 15, 2022, the City Council adopted Resolutions No. 2022-69, 202 2-70, and 2022-71 r evising the pay ranges for job classifications represented by the Costa Mesa City Employees Association; and WHEREAS, on March 21, 2023, the City Council adopted Resolution 2023 -15 amending Resolutions No. 2022-69, 2022-70, and 2022-71 approving updates to various classifications; and
WHEREAS, on June 6, 2023, the City Council adopted Resolution 2023 -27 to establish the new job classifications of Animal Services Supervisor and Cyber Security Analyst and to establish the pay ranges for the new classifications; and WHEREAS, on June 20, 2023, the City Council adopted Resolution 2023 -37 approving updates to various classifications; and
WHEREAS, on September 19, 2023, the City Council adopted Resolution 2023 - 45 to establish the new job classification of Code Enforcement Officer I and to establish the pay ranges for the new classification and approving updates to various classifications; and
WHEREAS, the City Council further desires to rename the existing “ Video Production Specialist” as the “Multimedia Specialist” classification; and WHEREAS, the City Council further desires to rename the existing “Accounting Supervisor”, “Revenue Supervisor” and “Purchasing Supervisor” to “Finance Officer”; and WHEREAS, the City Council desires to amend Resolutions 2022-70 and 2022-71 to establish the new job classification of Animal Services Coordinator and to establish the pay ranges for the new classification; and
WHEREAS, the City Council further desires to amend Resolutions 2022 -70 and 2022-71 to revise the pay ranges for the Finance Officer classification; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:
ATTACHMENT 4
445
SECTION 1. The existing “ Video Production Specialist ” classification is hereby renamed as the “Multimedia Specialist” classification.
SECTION 2. The existing “Accounting Supervisor”, “Revenue Supervisor” and “Purchasing Supervisor” classifications are hereby renamed as the “Finance Officer” classification.
SECTION 3. Section 1 of Resolution 2022-70 and 2022-71 are hereby amended to establish the new job classification of Animal Services Coordinator and to establish the pay ranges for the new job classifications as set forth herein.
SECTION 4. The following pay ranges and monthly rates of pa y for the Finance Officer job classification is hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes September 24, 2023 . The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.
Class Class Title Salary Grade Step
Code Plan 1 2 3 4 5 6 7
0172 Finance Officer CMC 448 $9,129 $9,585 $10,064 $10,567 $11,095 $11,650 $12,232 Monthly $109,548 $115,020 $120,768 $126,804 $133,140 $139,800 $146,784 Annual $52.67 $55.30 $58.06 $60.96 $64.01 $67.21 $70.57 Hourly
SECTION 5. The following pay ranges and monthly rates of pay for the Animal Services Coordinator job classification is hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes April 7, 2024 . The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.
Class Class Title Salary Grade Step
Code Plan 1 2 3 4 5 6 7
0471 Animal Services Coordinator CMC 447 $5,816 $6,107 $6,412 $6,733 $7,070 $7,424 $7,795 Monthly $69,792 $73,284 $76,944 $80,796 $84,840 $89,088 $93,540 Annual $33.55 $35.23 $36.99 $38.84 $40.79 $42.83 $44.97 Hourly
SECTION 6. The following pay ranges and monthly rates of pay for the identified job classifications are hereby revised and placed under the Basic Salary Administration 446
Plan effective the pay period that includes July 1, 2024 . The monthly rate of pay may also be in increments between the monthly minimum and maximum pay step.
Class Class Title Salary Grade Step
Code Plan 1 2 3 4 5 6 7
0172 Finance Officer CMC 448 $9,402 $9,872 $10,366 $10,884 $11,428 $11,999 $12,599 Monthly $112,824 $118,464 $124,392 $130,608 $137,136 $143,988 $151,188 Annual $54.24 $56.95 $59.80 $62.79 $65.93 $69.23 $72.69 Hourly
0471 Animal Services Coordinator CMC 447 $5,991 $6,291 $6,606 $6,936 $7,283 $7,647 $8,029 Monthly $71,892 $75,492 $79,272 $83,232 $87,396 $91,764 $96,348 Annual $34.56 $36.29 $38.11 $40.02 $42.02 $44.12 $46.32 Hourly
SECTION 7. Except as modified by this Resolution, Resolution s No. 2022-69, 2022-70, 2022-71, 2023-15, 2023-27, 2023-37 and 2023-45 shall remain in full force and effect.
PASSED AND ADOPTED this 2nd day of April, 2024.
______________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
447
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 is the original of Resolution No. 2024-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of April, 2024, 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 3rd day of April, 2024.
__________________________
Brenda Green, City Clerk
(SEAL)
448
Director of Economic & Development Services
Assistant Development Services Director
Advanced Planning
Planning & Sustainable Development Manager
(Proposed)
Principal Planner
Senior Planner
Assistant Planner
Current Planning
Planning & Sustainable Development Manager
Development Assistance
Economic Development
Administrator
Senior Planner
Associate Planner
Assistant Planner (3)
Project Entitlements
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Permit Processing Specialist
Director of Economic & Development Services
Assistant Development Services Director
Planning & Sustainable Development Manager
Advanced Planning
Principal Planner
Senior Planner
Assistant Planner
Development Assistance
Economic Development
Administrator
Senior Planner
Associate Planner
Assistant Planner (3)
Project Entitlements
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Permit Processing Specialist
CURRENT
PROPOSED
Economic & Development Services - Planning
ATTACHMENT 5
449
Director of Economic & Development Services
Assistant Development Services Director
Building Official
Inspections
Chief of Inspections
Senior Combination Inspector
Building Inspector II (2)
Building Inspector I (2)
Permit Processing Specialist (2)
Permit & Plan Check
Chief Plans Examiner
Plan Check Engineer (3)
Building Technician II (3)
Director of Economic & Development Services
Assistant Development Services Director
Building Official
Inspections
Chief of Inspections
Senior Combination Inspector
Building Inspector II (2)
Building Inspector I (2)
Permit Processing Specialist (2)
Permit & Plan Check
Chief Plans Examiner
Plan Check Engineer (3)
Building Technician II (4)
3 Current / 1 Proposed
PROPOSED
CURRENT
Economic & Development Services - Building Safety
450
Fairview Park Administrator
Senior Community Services Leader PT Maintenance Worker
Fairview Park Administrator
Recreation Specialist Maintenance Worker
CURRENT
PROPOSED
Parks & Community Services - Fairview Park
451
Property & Evidence Supervisor (1)
Property & Evidence Specialist (2)
Property& Evidence Specialist PT (2)
Property & Evidence Supervisor (1)
Property & Evidence Specialist (3)
2 Current / 3 New
Property & Evidence Specialist PT (1)
2 Current / 1 Proposed
CURRENT
PROPOSED
Police - Property & Evidence
Animal Control Supervisor (1)
Animal Control Officer (3)
Recreation Coordinator (1)
Senior Community Services Leader (1)
CURRENT
PROPOSED
Animal Control Supervisor (1)
Animal Control Officer (3)
Animal Services Coordinator (1)
Permit Processing Specialist (1)
Police - Animal Services
452
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-111 Meeting Date: 4/16/2024
TITLE:
APPOINTMENT TO THE PLANNING COMMISSION AND VARIOUS CITY COMMITTEES 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 make appointments as follows:
1. Planning Commisssion - Make one (1) member appointment to fill vacancy with term expiration of January 2027. Appointment by Council Member Reynolds.
2. Animal Services Committee - Make four (4) member appointments with a term expiration of April 2026. One nomination by Mayor Stephens, Council Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A Council Member may defer their nomination to the Council Liaison (Mayor Stephens, Council Member Harper).
3. Active Transportation Committee - Make six (6) member appointments with a term expiration of April 2026. One nomination by Mayor Stephens, Council Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan, and two at-large appointments. The two at-large members should ensure broad representation of different mobility options and experiences (e.g., walk, bike, bus, and age ability). A Council Member may defer their nomination to the Council Liaison (Council Member Reynolds).
4. Finance and Pension Advisory Committee - Make four (4) member appointments with a term expiration of April 2028. One nomination by Mayor Stephens, Council Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A Council Member may defer their nomination to the Council Liaison (Mayor Stephens, Alternate Council Member Marr, and Council Member Harper).
5. Housing and Public Service Grants Committee - Make four (4) regular member appointments with a term expiration of April 2026. One nomination by Mayor Stephens, Council Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A Council Member may defer their nomination to the Council Liaison (Council Member Chavez, Alternate Council Member Harper).
6. Mobile Home Park Advisory Committee - Make one (1) Park Owner or Representative
453
File #: 24-111 Meeting Date: 4/16/2024
6. Mobile Home Park Advisory Committee - Make one (1) Park Owner or Representative appointment, two (2) Mobile Home Park Resident appointments, and one (1) Independent Citizen At-large appointment, all with a term expiration of April 2028. One nomination by Mayor Stephens, Council Member Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A Council Member may defer their nomination to the Council Liaison (Council Member Reynolds, Alternate Council Member Chavez).
7. Approve the recommendation from the Historical Preservation Committee to formally dissolve, and appropriate an estimated total of $13,000 from uncommitted Costa Mesa Community Foundation Fund and authorize a transfer from the Costa Mesa Historical Preservation Committee to the Costa Mesa Historical Society.
BACKGROUND:
At the City Council meeting of September 5, 2023, the City Council approved that each Council Member shall have the opportunity to either nominate a member or to defer his or her nomination to the City Council liaison. City Council also requested staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.
At the City Council meeting of October 17, 2023, Council Member Marr (District 3), Council Member Chavez (District 4), and Council Member Reynolds (District 5) made their appointments. Nominations for this round will be made by Mayor Stephens, Council Member Harper (District 1), Council Member Gameros (District 2), and Mayor Pro Tem Harlan (District 6). In addition, on February 17, 2024, the Historical Preservation Committee held a special meeting and unanimously voted to dissolve the committee and to not merge with the Costa Mesa Historical Society.
On February 27, 2024, Jimmy Vivar informed the City that he was stepping down as Planning Commissioner and his last Commission meeting would be April 8, 2024. The City posted the vacancy notice on March 20, 2024 and began the recruitment. The recruitment period ran from March 20, 2024 to April 5, 2024.
Planning Commission (1 Appointment)
1 Commissioner/Term Expiration of January 2027
The Planning Commission meets on the second and fourth Monday of each month and functions as an advisory body to the City Council on issues related to the long-term growth and development of the community, on requests for general plan amendments, rezones, specific plans, environmental impact reports and amendments to the City’s Zoning Ordinance.
Staff received eleven (11) applications for the vacancy to be filled (applications attached). The one appointment will be made by Council Member Reynolds, who may appoint any applicant, as it is not a requirement to appoint within a Council Member’s district.
1. David Jordan Smith - District 2
2. Syed Zia Hussain - District 2
3. Christopher R. Ganiere - District 3
4. Valerie M. Hass - District 3
5. Robert Lee Dickson Jr. - District 5
454
File #: 24-111 Meeting Date: 4/16/2024
6. Diana Gardiner - District 5
7. Sarah Roughan Laurie Martinez - District 5
8. David Martinez - District 5
9. Andrew Barnes - District 5
10. Eric Vu - District 6
11. Garrett Scott Whitfield - District 6
Animal Services Committee - 7 Members
4 Appointments/2-year terms (Term Expiration April 2026) Liaisons - Mayor Stephens, Alternate Council Member Harper The Animal Services Committee meets monthly and provides advice and recommendations to the City Council on animal services issues, promotes pet licensing, and assists with planning and execution of animal-related community events. Staff received eight (8) applications (attached) for four vacancies to be filled.
1. Sean Healey - District 1
2. Syed Zia Hussain - District 2
3. Caley Turner - District 2
4. Cara R. Stewart - District 2
5. Danielle Mills - District 3
6. Paul Lancaster - District 4
7. Angela Minjares - District 5 (Incumbent)
8. Debra Lee - District 5
Active Transportation Committee - 9 Members
6 Appointments/2-year terms (Term Expiration of April 2026) Liaison - Council Member Reynolds
The Active Transportation Committee meets monthly and helps plan and implement an Active Transportation network for the City by improving bicycle and pedestrian connectivity throughout the City. The committee also assists with the review, update and implementation of the city’s Active Transportation Plan, and evaluates the bikeability and walkability for the City in order to make recommendations to the City Council. Staff received ten (10) applications (attached) for six vacancies to be filled.
1. Syed Zia Hussain - District 2
2. Florence Nedeff Martin - District 3 (Incumbent)
3. Arthur Alderete - District 3
4. Michael Moses Nolf - District 4
5. Paul Lancaster - District 4
6. Andrew Barnes - District 5 (Incumbent)
7. Jay C. McGlinchey - District 5
8. Alex Campoli - District 6
9. Robert Morse - District 6
10.Farhad Edward Khrosravi - District 6
455
File #: 24-111 Meeting Date: 4/16/2024
Finance and Pension Advisory Committee - 7 Members
4 Appointments/4-year terms (Term Expiration of April 2028) Liaisons - Mayor Stephens, Alternate Council Member Marr, and Council Member Harper The Finance and Pension Advisory Committee meets monthly and provides advice to the City Council on issues related to significant financial matters. The committee advises annually on the adoption of the City’s budget, the allocation of any budget surpluses, the City’s investment performance and policies, multi-year forecasts presented by City staff to the City Council, and adjustments under consideration at the time of the mid-year budget report. Staff received five (5) applications (attached) for four vacancies to be filled.
1. Quinn Callanan - District 1
2. Sean Healey - District 1
3. Syed Zia Hussain - District 2
4. James Andrews - District 3
5. Kathryn Grant - District 6
Housing and Public Service Grants Committee - 7 Members 4 Appointments/2-year terms (Term Expiration of April 2026) Liaisons - Council Member Chavez, Alternate Council Member Harper The Housing and Public Service Committee meets twice a year and helps to promote understanding of the community development process and activities funded by the U.S. Housing and Urban Development Department (HUD) and Community Development Block Grants (CDBG). Additionally, the committee rates and ranks applications for CDBG public service grants, ultimately developing funding recommendations for City Council recommendations. Staff received seven (7) applications (attached) for four vacancies to be filled.
1. Gloria A. Fallon - District 1
2. Syed Zia Hussain - District 2
3. Ricardo Ramirez - District 3
4. Arthur Alderete - District 3
5. Paul Lancaster - District 4
6. Michael Tou - District 4 (Incumbent)
7. Kathryn Grant - District 6
Mobile Home Park Advisory Committee
4 Appointments/4-year terms (Term Expiration of April 2028) 1 Costa Mesa Park Owners or Representative
2 Mobile Home Park Residents
1 Independent Resident Citizen At-large
Liaisons - Council Member Reynolds, Alternate Council Member Chavez The Mobile Home Park Advisory Committee meets quarterly and addresses issues that will help improve the quality of life in mobile home parks and review matters concerning mobile home parks in the City. Staff received eleven (11) applications (attached) for four vacancies to be filled.
456
File #: 24-111 Meeting Date: 4/16/2024
1. Paul Lancaster - District 4 (Independent Citizen At-Large)
2. Gregory Harold - District 4 (Mobile Home Park Resident)
3. Leslie E Chaney-Eames - District 5 (Mobile Home Park Resident - Incumbent)
4. Georgette M. Quinn - District 5 (Costa Mesa Park Owner or Rep. OR Mobile Home Park Resident)
5. Michael Dougher - District 5 (Mobile Home Park Resident - Incumbent)
6. Mary Lamas - District 5 (Mobile Home Park Resident)
7. Wyatt Lin - District 5 (Costa Mesa Park Owner or Rep.)
8. Lucia Salinas Holt - District 5 (Mobile Home Park Resident)
9. Debra Lee - District 5 (Mobile Home Park Resident)
10. Laurie Beverage - Non-Resident
11. Vickie M. Talley - Non-Resident (Costa Mesa Park Owner or Rep. - Incumbent) ANALYSIS:
The City opened the recruitment for five City Committees on February 9, 2024 and press releases were sent on February 9, 2024, February 15, 2024, February 19, 2024, February 26, 2024, February 29, 2024, March 4, 2024, March 6, 2024, and March 8, 2024. The recruitment was also featured on the City Hall Snapshot on February 16, 2024, February 23, 2024, March 1, 2024, and March 8, 2024.
On March 8, 2024, the City extended the Committee recruitment deadline to March 18, 2024.
Additional press releases were sent on March 8, 2024, March 12, 2024, March 15, 2024, and March 18, 2024. The extended recruitment was also featured on the City Hall Snapshot on March 15, 2024.
A total of 31 applications were received in response to the City’s outreach efforts.
To fill the Planning Commission vacancy, the Commissioner recruitment opened on March 20, 2024, and press releases were sent on the following dates: March 20, 2024, March 23, 2024, March 26, 2024, March 29, 2024, April 2, 2024, and April 5, 2024. The recruitment was also featured on the City Hall Snapshot on March 22, 2024 and March 29, 2024. In response to the City’soutreach efforts, a total of 11 applications were received.
ALTERNATIVES:
City Council may choose not to make appointments to the Committees or to extend the recruitment period.
FISCAL REVIEW:
Planning Commissioners receive a stipend of $400.00 per month. The stipend for Commissioners is included in the FY 2023-24 Budget. Committee members do not receive a stipend.
Appropriate an estimated total of $13,000 from uncommitted Costa Mesa Community Foundation Fund and authorize a transfer from the Costa Mesa Historical Preservation Committee to the Costa Mesa Historical Society.
457
File #: 24-111 Meeting Date: 4/16/2024
LEGAL REVIEW:
City Attorney has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends that the City Council make appointments to the Planning Commission and various City Committees, approve the recommendation from the Historical Preservation Committee to formally dissolve and transfer the Committee’s funds to the Costa Mesa Historical Society.
458
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
David Jordan Smith
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I have been interested in planning in my neighborhood and in the City since moving here 23 years ago. I have presented and supported projects in my SOBECA area where I am a homeowner. I am recently retired after 45 years as an architect and planner including many major southern california projects including Terminal C addition to John Wayne Airport.
Q4
As a Commission member, what ideas or projects are of interest to you? All City projects interest me including planning and zoning to keep the City viable. Projects in my area, Sobeca, are of particular interest and housing and homeless housing have been my interest also, including helping the City in their first homeless shelter project as an architect.
Q5
Optional Resume:
Profile.pdf (50.9KB)
# 3
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: F d y PFriday, March 22, 2024 12:16:17 PM MoLast Modified: F d y 3 3 PFriday, March 22, 2024 12:31:34 PM Time Spent: 00:15:17
P AIP Address:
459
460
461
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Syed Zia Hussain
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am very much concerned with the new changes that are coming in place within our city developments and business market. It has come to my attention that the crime rate has increased in Costa Mesa. Although everything can be not be in Planning Commision's hand but I strongly believe there is alot the commission has in power to turn this moment to a positive direction for the future of the City.
Q4
As a Commission member, what ideas or projects are of interest to you? Our land is not for free, it is important to use it wisely and balance the use of market and business usage. And avoid businesses that are not beneficial to our community and younger generation.
Walkable neighborhood investment will along come to its best results only if we consider safety and easy access to errands and schools. The new high-density residency has already failed to produce walkability due to the lack of several elements needed in a walkable design.
This includes focus on crossings, traffic light priority and traffic movement, proper and a bike design that has been tested to work. The bike lane on Fairview and Adams (design it connects a college and couple of schools) it has no bike traffic and there is a reason to it.
And thirdly there are several ways to bring in revenue to the City's trouser for more better development than to allow unproductive business-like cannabis and more auto industry in the city. # 5
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: F d y 8 8 PFriday, March 22, 2024 8:28:44 PM MoLast Modified: F d y 8 38 PFriday, March 22, 2024 8:50:38 PM Time Spent: 00:21:53
P AIP Address:
462
1 Syed Zia Hussain
Member of Mobile Housing Committee, City of Costa Mesa, CA.
[email protected]. Cell phone: 1-714-280-3730
Education
- Orange Coast College. California, United States. Dec 2016 Associate Degree (Honors) in Event Management
GPA 3.36
- Stenden University, Netherlands. Dec 2010 Bachelors in Management
GPA 3.0
- Cal Poly Pomona, CA Dec 2023
Bachelors in Urban Planning
GPA 3.16
Professional Training Certificates: 2024: RLMS Certificate: Planning and Facilitating Engaging Activities, Meaningful Activities, Providing Customer Service, First Aid, OSHA Fit Testing, and First-Aid California, and others.
Work Experience:
Freelance Projects June 2023 - update Community Enrichment Program (Provide activities in senior assisted living) CivicWell 2023 Adaptation Climate Forum – Volunteered event support Online event: Organized a guest presentation from California for Malmo University, Sweden.
Activity Assistant: Serra Sol Memory Care Senior Living March ’24 – Update Support everyday activities, Prepare monthly activity calendar, supervise seniors activities.
Community Service Leader II: City of Costa Mesa (Recreational Dept) Part-Time. Jan ‘24 – March’24.
Support R.O.C.K after-school program. Require self-motivation and team-player abilities. Assist with program planning on field; maintain record of schedule and log-book of day to day duties and hours of work. Supervise check-in and check-outs, activities, fire drills, help with homework, artwork and games, and keep a health and safe environment.
Concierge. April 20th –July ‘23 Ivy Park Senior Living, Mission Viejo
Friendly costumer service; clerical and supporting administrative duties; direct correspondence with maintenance dept., Nurse dept., cleaning dept., care-givers, and marketing personnel.
Recreation leader
Village Management, Laguna Hills. May 2019 – May’20 Costumer service, support customer and phone calls, guide costumers with setup design, manage the setup and break-downs, inventory, supervisor all facilities (rental venues, kitchen/utilities, and restrooms).
Recreation leader
City of San Clemente, San Clemente. June 2020 – Oct’21 Supervised Summer campus games and activity for children, manage inventory, customer service, games, and setups and breakdowns.
Event Planner Unpaid Intern June 2015 – Dec’15 American Family Housing, Tustin, CA
Outreach, promotion, and marketing for “Summer Festival for Homeless Veterans”. Sold out a stall and raise more than $ 3,000 through bringing in vendors.
463
2 Awards and Recognitions:
-Member of Alpha Beta Gamma and Phi Theta Kappa Honors Society, Orange Coast College, CA. USA. -Silver Certificate Award as Event Coordinator, Orange Coast College, CA. USA. -President of Music and Dance Society, Intercollege Nicosia, Cyprus. -Organized “To Promote English as language” workshops for English teachers and school children. - Senior living working experience for 2 years; worked for senior living and host activities.
Skills:
People person, excellent in presentations and strategic marketing skills , effective communication skills, international travel experience, and experience working for different age group, culture, and background clients, excellent in customer service, excellent organizational, and time management skills, self-motivation and energetic, excellent in research, finding strategies that enhance results, and excellent client relationship management. 464
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Christopher R. Ganiere
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am an architect with almost 30 years of experience. I served on the Historic Preservation Committee for 12 years.
Q4
As a Commission member, what ideas or projects are of interest to you? I am looking for projects that will improve Costa Mesa. Projects should fit into the city fabric. I am interested in projects that celebrate the Costa Mesa heritage. Where appropriate, I want to see projects that are innovative.
Q5
Optional Resume:
Respondent skipped this question
# 4
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: F d y 3 3 PFriday, March 22, 2024 5:35:37 PM MoLast Modified: F d y PFriday, March 22, 2024 5:40:15 PM Time Spent: 00:04:37
P AIP Address:
465
City of Costa Mesa Application for Planning Commission (March 24') 1 / 3
Q1
Full Name:
Valerie M Hass
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
# 10
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: u d y A 8 AThursday, April 04, 2024 8:52:55 AM MoLast Modified: u d y A 33 33 AThursday, April 04, 2024 11:33:33 AM Time Spent: 02:40:38
P AIP Address:
466
City of Costa Mesa Application for Planning Commission (March 24') 2 / 3
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I would like to have the opportunity to serve on the Planning Commission because I believe my skill set as an architect has the ability to make insights to improve our city development. I became an architect because I saw it as the most exciting way for me to serve others and improve individual and family’s qualities of life. As I’ve observed and learned more, and have chosen my own cities and neighborhoods I see how the impact of the surrounding environment plays on an individual’s daily life. I want to continue to use residential design to make those individual impacts but also stretch beyond a single property or project to make bigger impacts within my community. I hope that my desire to use my heart and head to improve daily life in our city through design could be used while serving on the Planning Commission.
Since graduating with a Bachelors of Architecture from the University of Arizona I have worked with dozens of jurisdictions in southern California in both commercial and residential permitting. I have been on the other side of city reviews. In 2016 I obtained my CA state architecture license. The last eight years have been spent primarily raising my three kids; while working part-time in residential architecture and community development. This year I am working to start an architecture studio specializing in ADU design and construction to provide a simplified financing, design, permitting and construction process for homeowners. I want to help provide additional housing within our existing neighborhoods for aging or disabled family members, young families, or to create needed income for reduced income homeowners.
I’m native to Orange County and I have either worked, attended church, or lived in Costa Mesa since 2013 and a Costa Mesa homeowner since March 2020. We chose Costa Mesa to buy our first home because of our church community. They have been dedicated to taking care of this city and its people since their beginning. It rubbed off on our family and we wanted to be part of the community. We also love the diversity, eclectic neighborhoods, access to the Back Bay, Fairview Park and that we could ride our bikes to 17th street and the beach. My husband and I are now raising our three kids here. Our two oldest kids attend Woodland Elementary School, where I am on the PFO. Our toddler is at Christ Lutheran Preschool. I am a member of the Del Mar community garden. I have begun taking classes at OCC and plan to continue classes to obtain my horticulture certificate because plants are important. I am in church leadership, at Redemption Church, as co-lead for the Health of Communities with a focus on the care of mothers in our community. I am dedicated to this city and want to be part of making it healthier and stronger. My husband has worked at Anduril for the past 5 years, one of Costa Mesa’s biggest growing employers. Our family is committed to this city.
Q4
As a Commission member, what ideas or projects are of interest to you? I am interested in how development in Costa Mesa can evolve to strengthen the distinct attributes (diverse neighborhoods, malls, museums, parks, colleges, community spaces, restaurants, schools, theaters) that make Costa Mesa such a great place to live, work and visit. I am curious how we connect these amenities by creating safer, walkable streets, connected bike paths, landscaping and greenspace, and activating dead spaces in the middle created by outdated development, high speed roads and freeways.
I would like to see how our city can make progress to address the need for more housing in California.
I want to be involved in creative solutions that increase the number of new housing units, of all levels, approved and constructed in Costa Mesa while still maintaining our diverse neighborhoods and public spaces. I believe that ADUs can play a role in providing more housing and I am curious how the city can streamline this approval process and provide approved plans that match our cultural, architectural and historical character.
Thank you so much for your consideration. If anything this application process has motivated me to continue to make bigger steps to improve design and development in our city. A bit of good planning can go a long way. 467
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Robert Lee Dickson Jr
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I previously served 6 years on the Costa Mesa Planning Commission, including full terms as Vice Chair and Chair. I am a land use professional and very familiar with Costa Mesa and CA land use issues. I have worked in the Environment, Land and Resources department of Latham & Watkins LLP for 24 years as a Senior Paralegal. The focus of my work has been land use entitlements for commercial and residential development, energy siting, water quality and stormwater compliance, CEQA, Coastal Act, etc., for both public and private entities.
Q4
As a Commission member, what ideas or projects are of interest to you? I am excited about the future of land use in Costa Mesa, and have the subject matter expertise, as well as the experience from 30 years of working and living in Costa Mesa, necessary to help maintain Costa Mesa's unique character while accommodating the housing needs of our growing population and workforce. I am very interested in the implementation of Measure K and the redevelopment of Fairview Developmental Center. I am also a former bicycle commuter and passionate about integrating bicycle and pedestrian infrastructure into new development and redevelopment.
Q5
Optional Resume:
Respondent skipped this question
# 1
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: W d d y 3 PWednesday, March 20, 2024 3:41:42 PM MoLast Modified: W d d y 3 PWednesday, March 20, 2024 3:56:42 PM Time Spent: 00:14:59
P AIP Address:
468
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Diana Gardiner
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
As a long-time home owner in Costa Mesa, I'm particularly interested in how this city will continue to expand and grow. I would enjoy being part of the process that examines the various aspects of growth and planning and analyze the pros and cons of growth projects.
I'm well educated, have excellent analyzation and organization skills and strive to stay abreast of current city affairs. I feel that my viewpoint would be an asset to the commission.
Q4
As a Commission member, what ideas or projects are of interest to you? I'm particularly interested in land-use issues. I'm also very interested in the relationship between the state and the city especially as it pertains to housing.
Q5
Optional Resume:
Respondent skipped this question
# 2
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: u d y PThursday, March 21, 2024 1:56:04 PM MoLast Modified: u d y PThursday, March 21, 2024 2:02:47 PM Time Spent: 00:06:42
P AIP Address:
469
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Sarah Roughan Laurie Martinez
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I want to join the board of commission to support the future and direction of my community, and share my perspective within it.
Q4
As a Commission member, what ideas or projects are of interest to you? Community development, plan to bury telephone lines on the west side of Costa Mesa, small cell technology.
Q5
Optional Resume:
Respondent skipped this question
# 6
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: u d y 3 PSaturday, March 23, 2024 4:42:46 PM MoLast Modified: u d y 3 3 3 PSaturday, March 23, 2024 5:34:23 PM Time Spent: 00:51:36
P AIP Address:
470
City of Costa Mesa Application for Planning Commission (March 24') 1 / 3
Q1
Full Name:
David Martinez
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
Costa Mesa is at a turning point where we are becoming more open to the sustainable and equitable development of our city. Through the adoption of Measure K and the work towards implementing an affordable housing ordinance, I see a community that is welcoming of all people and works to lift them up rather than push them out. As a lifelong resident of this city, I hope to serve the community both present and future to ensure that Costa Mesa remains and further becomes a great place to live, work, and play.
I have previously served as a member of the Active Transportation Committee and of the Newport-Mesa Unified School District Banning Ranch Surplus Property Committee. In these roles, I have worked on recommendations to provide to higher governing bodies regarding transportation and land use, two deeply interconnected issues. I have also worked on the Pedestrian Master Plan, which recently made its way through the Planning Commission, to help move Costa Mesa towards becoming a more walkable city.
In addition, I have previously worked on state legislation concerning transportation and land use, including AB 1909 (2022), the Omni- Bike Bill, and AB 1317 (2023), regarding unbundling parking from the price of rent. I hope to use my experience in state government in my role by bringing in new ideas from other parts of the state to Costa Mesa. # 9
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: u d y 3 ASaturday, March 30, 2024 12:22:40 AM MoLast Modified: u d y 3 ASaturday, March 30, 2024 12:24:15 AM Time Spent: 00:01:35
P AIP Address:
471
City of Costa Mesa Application for Planning Commission (March 24') 2 / 3
Q4
As a Commission member, what ideas or projects are of interest to you? Fairview Developmental Center - The opportunity to reimagine this area into becoming a truly walkable and livable community is one that we must take hold of and not let go. What we plan for here is what will remain for decades, so we need to make sure that we do it right and we do it with our future in mind.
Commercial Corridor Redevelopment - Having previously lived in a mixed-use building, I am ecstatic at the opportunity to allow for them in Costa Mesa. The convenience afforded to me and my fellow residents by having a two grocery stores on the first floor of my building was amazing. I will work to make sure that rezoned corridors in Costa Mesa can bring this ease of living to future residents.
Objective Design Standards - Adopting (or at least starting a conversation about) a form-based code is something of interest to me.
Instead of dictating standards which few if any understand, why not try to “preserve neighborhood character” by having the neighborhood character be the code? We should allow for developments that fit our vision for the city easily and without a long process for approval.
Zoning Code Amendments - However, if we don’t end up adopting a form-based code, I would like to see motion towards amending sections of our zoning code, including minimum parking requirements, floor area ratios, setbacks, and more.
General Plan Update - With amendments to our Housing Element and Circulation Element being proposed quite recently, I believe that further amendments to other parts of our General Plan might come soon. I hope to be a part of this process to shape the future of our city.
Prohousing Designation - I am interested in having Costa Mesa achieve a prohousing designation from the state, which will open up state-level resources to assist us in our housing goals.
TOD - By working with OCTA, we can head towards a modal shift and encourage more people to take public transit by planning for development near high-frequency transit. This will mean less traffic on the roads and a healthier community.
Sustainability - I want to look into how we can plan environmentally sustainable (and perhaps even beneficial) projects in Costa Mesa, perhaps by either adding new regulations or removing old ones.
Q5
Optional Resume:
Respondent skipped this question
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.
However, this information is still subject to release pursuant to the California Public Records Act. Once appointed, Commission members must complete an Oath of Allegiance, administered by the City Clerk, required by Article XX, Section 3, of the Constitution of the State of California.
Name: David Martinez
Address:
City/Town:
ZIP/Postal Code:
Email Address:
Phone (cell):
Q7
Signature Required:
By checking this box and typing my name below, I am
electronically signing my application.
472
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Andrew Barnes
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am currently a member of the Active Transportation Committee (ATC) where my efforts have focused on promoting the City Council's active transportation goals and objectives. My experience on this committee, particularly the preparatory research I conduct to address issues before the committee has broadened my interest in municipal planning beyond active transportation. I have a hightened awareness and understanding of municipal and state initiatives that impact our municipal planning and land use, and my understanding of diverse perspectives is driven by interaction with city staff, Councilmembers, the business community and residents.
Passage of Measure K was necessary to lift Costa Mesa out of stasis and stagnation and incentivize new redevelopment energy and bring vitality to areas of the city that can sustain these efforts with minimal negative impacts, and potentially large positive impacts.
The carefully defined boundaries of Measure K applies are important to preserving many of the currently coveted land uses throughout the rest of Costa Mesa. Careful planning, rigorous review and strong questioning of proposals is essential to minimize unforeseen issues like the cannabis permitting controversy that the city currently faces.
I will bring the same energy, dedication and thoughtful preparation and input that characterizes my ATC participation to the Planning Commission. I believe my approach will help the city achieve the balance needed to preserve our community’s characteristics that make Costa Mesa such a desireable city and bring new and positive energy to address our current and future needs # 11
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: u d y A 3 AThursday, April 04, 2024 10:44:34 AM MoLast Modified: u d y A PThursday, April 04, 2024 2:45:27 PM Time Spent: 04:00:52
P AIP Address:
473
City of Costa Mesa Application for Planning Commission (March 24') 2 / 2
Q4
As a Commission member, what ideas or projects are of interest to you? Measure K should facilitate new interest in redevelopment projects in the targeted corridors. These projects should help meet the existing housing demand, but they need to be integrated with active transportation elements to promote the health of our community and increase the economic engine as has been documented in numerous peer-reviewed publications.
Q5
Optional Resume:
Respondent skipped this question
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.
However, this information is still subject to release pursuant to the California Public Records Act. Once appointed, Commission members must complete an Oath of Allegiance, administered by the City Clerk, required by Article XX, Section 3, of the Constitution of the State of California.
Name: Andrew Barnes
Address:
City/Town:
ZIP/Postal Code:
Email Address:
Phone (cell):
Q7
Signature Required:
By checking this box and typing my name below, I am
electronically signing my application.
Q8
Full Name:
Andrew Barnes
474
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
Eric Vu
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I wish to serve the city in which I live and love for the benefit of all in Costa Mesa and surrounding. My perspective may bring a fresh view and different since I am an immigrant naturalized and am not sure but would be the first Asian American planning commission member for the city of Costa Mesa. My professional background was first in wireless technology sales, than running my own retail stores for cell phone business. And now I am a full time commercial real estate advisor for investors and developers. By understanding retailing and the real estate environment, I must understand the consumers - or in other words, the population and how they tend to spend their time and money and what is important to them. I also own retail building in other state and would want only tenants that would be appealing or beneficial to the community at large. My priority is not for my personal economic benefit but the overall well being for the community - economical well being, safety & security, and the happiness for all. My strength is the ability to analyze data well and see the big picture of all the data and what it can or can't do. I previously served several years ago on the community block grants committee for several terms and came up with several new ways of grading grant seekers. There were one or two people on the committee while I served that always had a different viewpoint but I was able to get everyone for the most part into a compromising agreement on many issues. I believe that some of my ideas are still being used today in the grading system.
Q4
As a Commission member, what ideas or projects are of interest to you? I would be interested in all things that would affect the city and community at large. I am most interested in hearing the people's voices and understanding the concerns of the people. Any use permits or new developments must be studied well and not rushed. # 7
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: d y 3 3 PMonday, March 25, 2024 3:04:03 PM MoLast Modified: d y 3 3 PMonday, March 25, 2024 3:16:34 PM Time Spent: 00:12:31
P AIP Address:
475
City of Costa Mesa Application for Planning Commission (March 24') 1 / 2
Q1
Full Name:
GARRETT SCOTT WHITFIELD
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I aspire to join the City of Costa Mesa Planning Commission to proactively contribute to the community's development and ensure that it remains a vibrant and sustainable place to live and work for future generations. With my experience in real estate entitlements, construction, and development, I possess the necessary analytical skills and knowledge to effectively navigate complex decisions regarding land use, zoning, and urban planning. Serving on the Planning Commission would allow me to leverage my expertise to help facilitate thoughtful development and preserve the unique character of Costa Mesa. I aim to enhance the Planning Commission’s ability to streamline the approval processes, ensuring efficiency, clarity and transparency. My business experience will be instrumental in achieving a balance between economic development and fulfilling community needs for strategic and sustainable growth. # 8
COMPLETECOMPLETE
o oCollector: W Web Link 1 W ( Web Link)
SStarted: u d y 8 9 39 9 PThursday, March 28, 2024 9:39:29 PM MoLast Modified: u d y 8 9 9 PThursday, March 28, 2024 9:49:52 PM Time Spent: 00:10:23
P AIP Address:
476
City of Costa Mesa Application for Planning Commission (March 24') 2 / 2
Q4
As a Commission member, what ideas or projects are of interest to you? As a member of the Planning Commission, my focus will be on the following:
1) Affordable Housing Initiatives: Promote diverse housing options for all income levels, ensuring accessible living conditions for every resident.
2) Enhancing Transportation and Mobility: Focus on improving public transit, cycling infrastructure, and walkways to reduce congestion and encourage active living.
3) Sustainable Development: Integration of green building practices, renewable energy, and sustainable land use, including the promotion of mixed-use developments and green spaces.
4) Community Engagement: Increase participation in the planning processes through workshops, forums, and digital feedback platforms, aligning developments with community needs.
5) Economic Development: Aim to boost the local economy by supporting small businesses, attracting new industries, and promoting tourism, contributing to a dynamic community.
6) Environmental Conservation: Preservation of natural resources, parks, and wildlife habitats to enhance ecological health. 7) Integration of Smart City Technologies: Improvement of municipal services and infrastructure by enhancing efficiency and presenting a better experience for residents.
Q5
Optional Resume:
Garrett%20Whitfield%20Resume.doc (36KB)
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.
However, this information is still subject to release pursuant to the California Public Records Act. Once appointed, Commission members must complete an Oath of Allegiance, administered by the City Clerk, required by Article XX, Section 3, of the Constitution of the State of California.
Name: GARRETT SCOTT WHITFIELD
Address:
City/Town:
ZIP/Postal Code:
Email Address:
Phone (cell):
Q7
Signature Required:
By checking this box and typing my name below, I am
electronically signing my application.
Q8
Full Name:
GARRETT SCOTT WHITFIELD
477
GARRETT S. WHITFIELD
Cell Phone: (949) 433-8070 Email: [email protected]
WORK EXPERIENCE
07/16 – Present GSW DEVELOPMENT INC, Costa Mesa, CA
President
The Sora – San Pedro - $20 Million – 63 Unit Mixed Use Apartments The Glendora Public Market & Residences – Glendora - $18 Million – Food Hall & Residences The Row at 2820 – Silver Lake - $6 Million – 6-Unit Small Lot Development 291 Walnut Street – Costa Mesa - $2.6 Million – Custom Single Family Home 284 Walnut Street – Costa Mesa - $2.2 Million – Custom Single Family Home 279 Flower Street – Costa Mesa - $3.9 Million - Custom Single Family Home 203 Opal Ave – Newport Bch - $5.7 Million - Custom Single Family Home
10/13 – 07/16 QUESTAR CONSTRUCTION, Irvine, CA
Project Manager
Chapman University Digital Media Arts Center (Phase 2) – Orange - $6.6 Million – Historic Chapman University Digital Media Arts Center (Phase 3) – Orange - $2.6 Million – Historic Chapman University Harry & Diane Rinker Vivarium – Irvine - $4.8 Million Centinela Hospital Labor Delivery Recovery Postpartum – Inglewood - $3.2 Million – OSHPD Church of the Resurrection – Escondido - $7.8 Million
Irvine Company Verizon Campus – Irvine - $1.8 Million
FVRMC Emergency Generator & Service Upgrade – Fountain Valley – $1.5 Million – OSHPD Irvine Company Market Place Center – Irvine - $1 Million Irvine Company Sand Canyon Business Center Ext. Renovations – Irvine - $3.5 Million College Hospital Costa Mesa OR HVAC & Re-Roof – Costa Mesa - $2 Million – OSHPD Doctor’s Hospital of West Covina Materials Testing – West Covina – Under $1 Million Dignity Health Aesthetic Assessment of California Hospitals – Nor Cal – Under $1 Million Kaiser Permanente Brea Breezeway Additions – Brea – Under $1 Million Hoag Hospital Women’s Breast Ctr Upgrades – Newport Bch – Under $1 Million - OSHPD Hoag Hospital Co-Gen Water Leak Phase 3 – Newport Bch – Under $1 Million – OSHPD Tenet Healthcare Fountain Valley Hospital Upgrades -Fountain Valley- $5 Million - OSHPD
08/10 – 10/13 SUNDT CONSTRUCTION, San Diego, CA
Senior Project Engineer
Santa Monica High School Science & Tech. Bldg – Santa Monica - $55 Million –CHPS - DSA LAUSD South Region Elementary School #9 – Los Angeles – $21 Million – C HPS - DSA
06/08 – 06/10 WEBCOR BUILDERS, San Mateo, CA
Project Engineer
San Francisco General Hospital - San Francisco - $887 Million - LEED Silver Ritz Carlton Hotel & Residences at LA Live - Los Angeles - $550 Million – LEED Silver
EDUCATION UNIVERSITY OF SOUTHERN CALIFORNIA, LOS ANGELES, CA.
Bachelor of Science - Civil Engineering
Graduated: May 2008
AFFILATIONS Sigma Alpha Epsilon Fraternity - President (12/06 – 12/07) American Society of Civil Engineers Associated General Contractors of America Toastmasters International American Concrete Institute U.S. Green Building Council Round Table of Orange County
SKILLS Valuable Leadership Experience, Strong Writing Abilities, Excellent Communication Skills , Great Client Relations, Effective Time Management, Capacity to Handle Pressure. 478
City of Costa Mesa Application for Committee Appointments (Feb. 24') 1 / 2
Q1
Full Name:
Sean Healey
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee ,
Finance and Pension Advisory Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
Animal Service Committee - I am resident with three rescue terriers. I have a love of all animals and want to ensure that they are the raised in a proper environment and want to be part of the city's effort to help in that regard.
Finance and Pension Advisory Committee - My major and employment background have been in Finance and Banking. Although I don't have a background in Pension or Retirement forecasting I am very analytical and have experience making various forecasting models.
#25
COMPLETECOMPLETE
o oCollector: W Web Link 1 W (Web Link)
SStarted: F d y 8 3 PFriday, March 08, 2024 2:36:56 PM MoLast Modified: F d y 8 3 PFriday, March 08, 2024 3:06:15 PM Time Spent:
00:
29:18
P AIP Address: