May 7, 2024
City Council
De Novo Public Hearing
Planning Application 22-08
2490 Newport Boulevard
2 Newport Wellness
Conditional Use Permit (CUP) for:
• Cannabis storefront with delivery
• Bring commercial structure up to Code
• New facade
• New landscaping
• Construct parking lot
• Construct sidewalk
3 Cannabis Storefront CUP Context
4 Project Location and Zoning District
PROPOSED
STOREFRONT PROPOSED
STOREFRONT
5 Conceptual Site Plan
MONTE VISTA AVE.
NEWPORT BLVD.
6 Proposed Floor Plan
NEWPORT BOULEVARD
EMPLOYEE
ONLY
ACCESS
CUSTOMER
ENTRANCE
RETAIL SALES AREA
CUSTOMER
EXIT
MONTE VISTA AVE.
7 Existing and Proposed Conditions – Newport Blvd.
8 Existing Conditions – Monte Vista Ave.
• Commercial structure in red to be demolished (dashes) • New parking lot to be accessed via Monte Vista driveway (arrow) • New sidewalk and landscaping
9 Existing Conditions – Monte Vista Ave.
10 Existing and Proposed Conditions – Monte Vista Ave.
11 Measure Q Conditions of Approval
• Photometric study required in plan check
• Odor control
• Cannabis consumption is prohibited onsite
• Age restrictions for customers & employees
• 2-year Cannabis Business Permit renewal
• Changes in ownership/operation subject to City
review and approval
• Recordkeeping and remitting taxes to City
• State license & compliance with all applicable State
and local regulations
12 Site Specific Conditions of Approval
• New fence to separate commercial and residential uses, detailed photometric study
• Signs related to using consideration of neighbors
• Limiting the hours trash enclosure can be used (8 AM to 8 PM)
• Employee to monitor the parking lot
• If proposing to remove 24-hour security guard, Planning Commission shall review the proposal.
• Parking attendant during business hours for at least 3 months, staff determination to end attendant
requirement.
13 De Novo Public Hearing
• On April 1, 2024, the Planning Commission decision was called up for City Council review
• A de novo public hearing means the review is new, it is not limited to the information previously presented to the Planning Commission and the City Council will exercise independent judgement and discretion • City Council decision is final
14 Recommendation
Staff recommends that the City Council adopt a resolution to uphold the Planning Commission’s decision and:
• Find the project categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1; Existing Facilities)
• Approve Planning Application 22-08, subject to conditions of approval and code requirements
May 7, 2024
City Council
De Novo Public Hearing
Planning Application 22-08
2490 Newport Boulevard
•Newport Wellness
•Proposed Slides & Appendix
NEWPORT WELLNESS
NEWPORT WELLNESS
CALLS FOR SERVICE – April 2024 for 1 Year
•Drugs Involved•Drinking in Public•Vandalism•Overdose•Lewd Conduct•Petty Theft•Disturbance•Transient•Unwanted Subject•Threat Report•Battery Report•Suspicious Male• Mental Person•Counterfeit •Identity Theft•Domestic Violence•Trash Scavenger•Sex Crime NEIGHBORHOOD IMPACT – SAFETY / SECURITYNATURE OF CALL
NEWPORT WELLNESS
NEIGHBORHOOD IMPACT – SAFETY CONT’D2021-2022 ORANGE COUNTY GRAND JURY REPORT
NEWPORT WELLNESS
NEIGHBORHOOD IMPACT – RESIDENTIAL PROXIMITY14 CANNABIS STORES APPROVED IN SIMILAR PROXIMITY TO RESIDENTIAL2490 Newport Blvd is 50 feet from GATED Residential
NEWPORT WELLNESS
NEWPORT WELLNESS
AFTER
•Eliminates access off Newport Blvd•Prevents cars backing onto Newport Blvd•Poor existing view angle right turn from Monte Vista to NB Blvd BEFORENEIGHBORHOOD IMPACT – SITE IMPROVEMENTS
InsertEnglishInvitation
InsertEnglishInvitation
Outreach Summary
Most potentially impacted residents SUPPORT
27 Letters of Support
BusinessResident - Owner
Outreach Effort Secured Project Support
NEIGHBORHOOD IMPACT – OUTREACH/FEEDBACK
NEWPORT WELLNESS
2332 Newport Blvd
X
CANNABIS SATURATION – LOCATION PROXIMITY
PROPOSED PROJECT: 2490 NEWPORT BLVDHARBOR BLVDNEWPORT BLVD (W)
NEWPORT WELLNESS
NEWPORT WELLNESS
GENERAL PLAN & LAND USE COMPATIBILITY
GENERAL PLAN & LAND USE COMPATIBILITY #2
NEWPORT WELLNESS
NEWPORT WELLNESS
NEWPORT WELLNESS
COUNCIL MEMBER CONCERNS
APPLICANT RESPONSE(S) #1
NEWPORT WELLNESS
APPLICANT RESPONSE(S) #1 CONT’D
NEWPORT WELLNESS
APPLICANT RESPONSE(S) #2
NEWPORT WELLNESS
LOCATION PROXIMITY TO UNIVERSITY
NEWPORT WELLNESS
ENGINEERED LIGHTING PLAN
NEWPORT WELLNESS
City Council determinedCommercial Zone Only
2 of 3 Costa Mesa Voters Support
NEWPORT WELLNESS
MEASURE Q CONFORMANCE & RELIANCE
NEWPORT WELLNESS
LOCATION/ZONING MUN. CODE CONF0RMANCE
GENERAL PLAN COMPATIBLE – FINDINGS OF FACT
NEWPORT WELLNESS
GENERAL PLAN COMPATIBLE – FINDINGS OF FACT
NEWPORT WELLNESS
ONE YEAR USE AGREEMENT
JACK HAMMMETT SPORTS COMPLEX &
RAIDERS FOOTBALL CLUB, LLC
City Council Meeting
Tuesday, May 7, 2024
2 Background
• Las Vegas Raiders have approached the City regarding the use of Jack Hammett Sports Complex for a portion of their 2024 Summer Training Camp.
• Each year, collegiate and NFL teams conduct pre-season summer training camps to prepare for the upcoming season.
Over the Years: Use of Jack Hammett Sports Complex
2010 University of Alabama football team: Use for Rose Bowl national championship game preparation
2014 University of Florida football team: Use for national championship game preparation
2017-2023 Los Angles Chargers: 10-year use agreement for annual Summer Training Camps
3 Use Agreement
• The Raiders will have use of the Complex for:
• Training Camp Maintenance: Maintenance of Fields 1-6 beginning June 4, 2024 through the first day of Training Camp.
• Training Camp: Use of Fields 1-6 from approximately July 19, 2024, through August 11, 2024.
• Potential Future Use: Option to notify the City of interest in using fields in 2025, if available.
• The Raiders will provide the City:
• A $165,000 use fee for use of Jack Hammett Sports Complex. • $600,000 in improvements to Fields 3 and 4 to current NFL standards. 4 Related Benefits
• City-hosted Junior Training Camp for kids ages 6 to 12. • 100 tickets for local students to attend an NFL pre-season game in southern California.
• Replacement of fitness/weight training equipment for Costa Mesa High School.
• A Mobile Recreation Van for recreation programs in
underserved areas.
• A $10,000 donation to a local youth sports group.
5 Special Events Permit
• All details will be coordinated through the City’s Special Events Permitting process, including:
The City will work collaboratively with the community and surrounding neighborhoods to ensure smooth parking and traffic controls. The Raiders will be responsible for the costs related to the development and implementation of all plans and for the rental of necessary equipment.
Any requested public safety (Police and Fire) or other City staff necessary to support security, traffic/parking management, etc. will be charged per the City's event rate schedule.
6 • Approve and authorize the City Manager to
execute a Use Agreement for the City's Jack
Hammett Sports Complex for a portion of the
Raiders Football Club’s 2024 Summer Training
Camp and related community benefits.
• Authorize the City Manager, in coordination with
City Attorney, to make any and all additional
amendments to the Agreement, as needed, to
ensure compliance with the NFL’s Constitution
and/or By-Laws and related requirements.
Recommendations
PEDESTRIAN MASTER PLAN
GENERAL PLAN AMENDMENT – CIRCULATION ELEMENT
Public Works Department
City Council
May 7, 2024
Pedestrian Master Plan
• Review and approve Draft Pedestrian Master Plan (PMP) • General Plan Amendment – Circulation Element
• Revise policies and recommendations to incorporate
recommended policies outlined in the Draft PMP.
Background
• City Council approved an Active Transportation Plan (ATP) in June 2018.
• Bicycle Facilities Map
• Amendment to General Plan – Circulation Element to revise Conceptual Bicycle Master Plan and revise associated policies • Staff secured $125,000 in grant funding from SCAG to
develop a PMP and City Council approved local match of
$75,000 for a PMP project.
• Subsequently, City Council identified Strategic Objective:
• “Present the Pedestrian Master Plan update to the City Council for direction,” under the Council Goal to Advance Environmental Sustainability and Climate Resiliency.
Pedestrian Master Plan
• Provides General Plan policies and tools specific to improving the pedestrian experience to support the ATP vision for active transportation.
• Expands upon pedestrian opportunity zones developed in the ATP . • Identifies pedestrian programs, a pedestrian improvement toolbox, and policy recommendations to improve the pedestrian
environment.
PMP Objectives
1. Promote a pedestrian-friendly transportation system.
2. Create a safer place to walk.
3. Integrate pedestrian elements into the circulation system and land use planning.
4. Promote a culture of walking.
5. Promote the positive air quality, health, and economic benefits of walking.
6. Monitor, evaluate, and pursue funding for implementation of the plan.
Community Engagement
• Community outreach played central role in development of the draft PMP.
• Community members participated via:
✓ 6 Walk Audits
✓ 3 Community Workshops
✓ 7 Active Transportation Committee Presentations
✓ Project Survey – electronic and in-person
✓ Online Mapping Tool
Community Engagement Timeline
Components of the PMP
1. Introduction: provides plan overview and summary of City’s policies and programs.
2. Community Engagement: discusses community participation in plan development.
3. Existing Conditions: documents planning context to the pedestrian environment.
4. Policy Recommendations: outlines policies and
recommendations to create a pedestrian-friendly environment for users of all types, ages, and abilities.
5. Pedestrian Infrastructure Toolbox: provides treatment options to be considered for projects.
6. Infrastructures Projects: provides recommendations to help advance the PMP and ATP vision.
7. Implementation Strategy: provides a list of grant opportunities.
General Plan Amendment
• Update Circulation Element policies under Goals C-1 through C-12 to ensure PMP goals are considered and implemented as private and public projects are approved.
• Add long-term programs and policy recommendations to
enhance the pedestrian environment.
Environmental Review
• Adoption of the PMP and proposed General Plan Amendment are exempt from the California Environmental Quality Act (CEQA) pursuant to:
• Section 15262 (Feasibility and Planning Studies)
• Section 15276 (Transportation Improvement and
Congestion Management Program)
• Section 15061(b)(3) (Common Sense Exemption)
Active Transportation
Committee
• Draft PMP and proposed policies were reviewed by the
ATC and at public workshops.
• ATC voted to recommend Draft PMP , as prepared, in June 2022 and voted to support Draft PMP in December 2023.
• ATC provided letter to Planning Commission in March
2024 in support of Draft PMP with provisions.
ATC Letter
1. Staff can incorporate the two documents identified for inclusion as appendices to the PMP .
2. Pedestrian treatments identified in the PMP can be included as part of the City’s ongoing and proposed 5-year CIP.
3. Due to current staff workloads, staff cannot commit to preparing an Implementation Plan with a one-year timeline and adding more walk audits.
4. The upcoming Safe Routes to School Action Plan will
significantly complement the PMP and include walk audits adjacent to schools.
Planning Commission
1. Draft PMP and proposed General Plan Amendment
considered at the March 11 meeting.
2. Planning Commission recommended approval of:
• Draft Pedestrian Master Plan,
• General Plan Amendment, and
• Finding the project exempt from CEQA.
3. Commissioners made individual suggestions for City
Council consideration as outlined in the March 11 minutes which include:
• General Plan Amendment includes several “Recommendations” and “Policies” per earlier Council approval. Commissioners suggested converting the following Recommendations to Policies: C-7.11, C-7.25, C-7.28, C-8.13, C-8.21, C-9.16, C-10.3.
• Commissioners provided comments on pedestrian toolbox treatments regarding pedestrian crossing times, left turn signal phasing, driveways, crosswalks, pedestrian lighting, and speed feedback signs.
Recommendation
1. Find the project is exempt from the California Environmental Quality Act (CEQA).
2. Approve the Draft PMP as recommended by the City’s
Planning Commission.
3. Approve a General Plan Amendment to revise the Circulation Element to include new policies outlined in the PMP.
Questions?
May 7, 2024
TENANT PROTECTIONS
ORDINANCE UPDATE
2 BACKGROUND
October 8, 2019 – Assembly Bill 1482 signed into law
• Delineated between At-fault vs. No-fault evictions
September 30, 2023 – Senate Bill 567 signed into law
• Effective on April 1, 2024
• Required owners to provide:
• description of the substantial remodel to be completed • a copy of permits for intended work to tenants
• an expected duration of the repairs or the expected date by which the property will be demolished.
3 BACKGROUND
November 7, 2023 – City Council adopted Urgency Ordinance No. 2023-04 • Immediately enacted the provisions of SB 567
• Requires property owners to notify the City within 72 hours of issuing a no-fault eviction
• Requires owners to pay relocation assistance equal to (one month) Fair Market Rent
Additional actions of the Council included:
• Authorization to hire two (2) Outreach Workers, (1) Code Enforcement Officer, as needed, and one (1) Senior Planner to assist owners and tenants through the no-fault eviction process.
• Allocation of $250,000 to Jones & Mayer for legal-related services. • Appropriation of $300,000 to service providers to assist households facing eviction. 4 Community Outreach & Education
Outreach and education has been ongoing since the Ordinance’s adoption:
• Mailed letters to property owners informing them of rights and responsibilities. • Dedicated Tenant Protections webpage
• FAQ
• Bilingual educational materials
• Fact sheet
• Resources Flyer
• Hosted educational workshops for tenants and property owners. • Spanish interpretation was available.
• Community partner outreach to distribute materials to schools, apartment associations, nonprofits, service providers, and local community leaders. 5 Current Eviction Data
Since adoption, the City has received 103 inquiries from tenants, landlords, and property managers.
• Of the 103 inquiries:
• 55 were from tenants
• 48 were property owners or their representatives
• The reasons for inquires were as follows:
• 64 general information
• 28 regarding no-fault evictions
• 11 regarding at-fault evictions
• The method of inquiries were as follows:
• 57 were emails
• 28 were in-person
• 18 were calls
Spanish bilingual staff is available to assist Spanish-speaking individuals in any of the three methods of inquiry. Calls and emails are typically answered within 72 hours.
6 Current Eviction Data
• Since the adoption of the Ordinance, the City has received a total of 35 eviction notices.
• 25 No-Fault Just Cause Eviction Notices
• 10 At-Fault Just Cause Eviction Notices
• These eviction notices are categorized as follows:
• No-Fault, Compliant – Eight(8) eviction notices.
• No-Fault, Reissued – Thirteen (13) eviction notices.
• Nine (9) of the reissued notices were deemed compliant upon the second review, and four (4) are currently under review.
• No-Fault, Withdrawn – Four (4) eviction notices.
• At-Fault – Ten (10) eviction notices.
• All evicted households were offered assistance by a City Outreach Worker.
7 Current Eviction Data
• For the six-month period following the adoption of the Tenant Protections Ordinance, there has been an approximate 50 percent reduction in the total number of eviction notices issued to residents than in the four (4) month period preceding the Ordinance.
• This data suggests that the adoption of the Ordinance, coupled with a robust community outreach and education strategy, helped educate landlords, property managers, and tenants to:
• understand the law, obligations, and rights
• reduce certain evictions inconsistent with State law from taking place. • Previously approved staffing levels for this program will be re-evaluated in the context of the Fiscal Year 2024-25 Proposed Budget. 8 Recommendation
• Staff recommends the City Council receive and file this report.
QUESTIONS?
10 Procedural Overview
TESSA was updated to allow property owners to submit notices of no- fault evictions electronically.
1. A property owner serves their tenant a Notice of Termination of Tenancy (NTT) and submits a copy of the NTT to the City via TESSA within 72 hours.
2. Neighborhood Improvement staff reviews the NTT and either approves or forwards it to Development Services for further review.
3. Once forwarded to Development Services, the Senior Planner works with the Building Official to make a determination on the intended substantial rehabilitation.
4. Once a determination is made, the property owner is contacted by Neighborhood Improvement staff, informing them of the disposition of the NTT.
May 7, 2024
City Council
Cannabis Employee Badge Fee
Reduction and Background
Check Process
2 Background
• February 22, 2024: Mayor, Mayor Pro Tem, and Councilmember Gameros participate in a cannabis industry Zoom meeting; feedback that the background check and badge process is too costly and time consuming • March 19, 2024: City Council directs staff to return with badge fee reduction and related background check/badge information
• April 2, 2024: City Council gives first reading to proposed amendments to the cannabis ordinances, including allowing employees of multiple businesses under the same ownership to have one City-issued badge
• May 7, 2024: City Council gives second reading to proposed amendments 3 Cannabis Employee Badge Fee Reduction
• Existing badge fee was based on full cost recovery following a ClearSource Financial Consulting study
• City Council direction was given to reduce fee from $631 to $306 4 Multiple-Facility Employee Badge
• 2nd reading: CMMC 9-496 (c) All employees 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.
Updating Badge Design
• Add applicable State license numbers to badges
5 Temporary Employee Badge
• CMMC 9-496(b) “No cannabis business or owner thereof may employ any person who has been convicted of a felony within the past 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…” • CMPD: 6.5 percent do not pass the background check
• CAO: Business owner(s) could be found in violation of 9-496(b) • If the City Council directs staff to create a temporary badge process, City Attorney would work with Code Enforcement to develop the program which may require Code amendments
6 DOJ/FBI Background Check Timeframe
• For applicants that rolled fingerprints between 1/1/23 and 3/27/24, of those that pass, 87 percent cleared within two weeks
• 57 percent cleared within 24 hours
• 30 percent cleared between 24 hours to 2 weeks
• 5 percent cleared between 15 days to 4 weeks
• 2 percent cleared between 29 days to 6 weeks
• 6 percent cleared after more than 6 weeks
• CMPD: approximately 6.5 percent do not pass
7 Outsourcing Background Checks
• HdL provides background check services that do not meet CMMC requirements • No fingerprinting
• No Live Scan: results are not updated when a new disposition occurs • Requires an initial background check and an annual renewal background check • HdL fees subject to change for initial and renewal background checks • As HdL does not provide a full suite of services, Staff recommends the process remains as is
8 Recommendation
Staff recommends the City Council receive the presentation, hear public comment, and provide direction pertaining to topics in the staff report such as:
• Cannabis employee badge fee reduction
• Temporary employee badge
• Outsourcing background checks
May 7, 2024
City Council
Cannabis Employee Badge
Fee and Research
APPOINTMENT TO VARIOUS
CITY COMMITTEES BY
COUNCIL MEMBER HARPER
City Council Meeting
MAY 7, 2024
2 RECOMMENDATION
Staff recommends Council Member Harper make appointments as follows:
1. Animal Services Committee - Make one (1) member appointment with a term expiration of April 2026. Council Member Harper may defer his nomination to the Council Liaison (Mayor Stephens).
2. Active Transportation Committee - Make one (1) member appointment with a term expiration of April 2026. Council Member Harper may defer his nomination to the Council Liaison (Council Member Reynolds).
3. Finance and Pension Advisory Committee - Make one (1) member appointment with a term expiration of April 2028. Council Member Harper may defer his nomination to the Council Liaison (Mayor Stephens, Alternate Council Member Marr).
4. Housing and Public Service Grants Committee - Make one (1) member appointment with a term expiration of April 2026. Council Member Harper may defer his nomination to the Council Liaison (Council Member Chavez).
5. Mobile Home Park Advisory Committee - Make one (1) Independent Citizen At-large appointment with a term expiration of April 2028. Council Member Harper may defer his nomination to the Council Liaison (Council Member Reynolds, Alternate Council Member Chavez).