This form must be completed legibly, with all information requested. Typewritten or computer -generated forms or reports may be substituted provided that: all required information is included in columnar form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name: __________________________________________________________________
Contact Name: _______________________________ Contact Telephone: _____________________________
Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: _________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, a nd volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of ever y kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned repres ents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification on behalf of Contractor.
_______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________ Printed Name Date
Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 Cecilia Gallardo Daly
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
Procedure: OCFEC employees, contractors and contractor employees wearing identification while on OCFEC property in a working capacity. OCFEC employees wearing proper uniform.
Purpose: To ensure all OCFEC employees, contractors and contractor employees are wearing required photo identification and uniforms.
Procedure 0001
1. All OCFEC employees, contractors and contractor employees must wear the approved OCFEC identification badge at all times while working onsite. Identification badges must be worn around the neck using a breakaway lanyard or in some other clearly visible area using a clip.
2. An OCFEC employee/contractor badge does not provide access to the backstage areas of Pacific Amphitheatre, The Hangar or Action Sports Arena. In order to access these areas, employees, contractors and/or contractor employees must secure an authorized backstage pass. Only employees, contractors and/or contractor employees with a specific role/function requiring them to be in the backstage area may enter.
3. Backstage passes to Pacific Amphitheatre, The Hangar and/or Action Sports Arena may be requested by the Director or the Vice President overseeing an employee’s/contractor’s department. Requests will be forwarded to the Entertainment Director for fulfillment. Approved backstage passes must be worn around the neck using a breakaway lanyard or in some clearly visible area using a clip.
4. All OCFEC employees shall wear their respective department’s approved uniform/attire at all times when working on OCFEC premises during year-round events and the annual OC Fair.
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all procedures.
____________________________________ ___________________________________ (Print Name & Title) (Signature)
____________________________________
(Date)
-End Exhibit G-
Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 Cecilia Gallardo Daly
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this Contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this Contract, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expiration date In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking credentials for the employees performi ng in service of the Contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the District within fifteen (15) days of contract award. Failure to do so could result in termination of said Contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the Contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contrac tors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District -issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the Contract, Contractor shall work with the District to ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32 nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the Contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this Contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s emp loyees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adop ted by the District’s Board of Directors.
Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the District’s current Megan’s Law policy is attached.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the case may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Contractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcon tractor’s employees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adhere nce to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for the duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the Contract.
19. FORCE MAJEURE
If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster, strike, lock- out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within either Party’s control and which renders either party’s performance impossible, infeasible, or unsafe (“Force Majeure Event”), then either party may cancel this agreement and neither party shall have any further liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by Contractor. The District will provide consumable paper products, waste receptacles and plastic waste receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2 years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion. b. Contractor shall sweep and blow all debris daily and upon project completion. c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds. d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC containers. e. Contractor is to keep all compound and chemicals out of storm drains & sewers. f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety training to ensure employees working with chemicals are familiar with SDS per GHS and harassment training (prior to working). In addition, ongoing customer service training will be required during the term of this Contract to educate current employees and new hires. Contractor is required to supply all required training and a schedule of planned training shall be provided to the District at the beginning of every quarter in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor” photo identification badge annually.
Identification badges must be worn at all times while on the property; when entering and while working on the grounds. Badges will have the name visible and worn on the upper right or left torso. All badges must be returned from terminated employees. All other employee badges must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non-transferable. All badges must be returned from terminated employees. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
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STATE OF CALIFORNIA
STANDARD AGREEMENT R_________ A___________ F___________ STD 213 (Rev. 03/2019) AGREEMENT NUMBER
SA-121-25YR
PURCHASING NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below :
CONTRACTING AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this 07/1/2025 through 06/30/2026 FED ID: 95-6005030 Agreement is:
3. The maximum amount
of this Agreement is: $121,633.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – To provide traffic management for year-round events at the OC Fair & Event Center Page 2-3 Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 4-5 Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 6-9 Exhibit D – Special Terms and Conditions – CCC (Attached hereto as part of this agreement) Pages 10-13 Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 14-17 Exhibit F – OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement) Pages 18 Exhibit G – OCFEC Procedures (Attached hereto as part of this agreement) Pages 19 Exhibit H – Additional Contract Terms & Conditions (Attached hereto as part of this agreement) Pages 20-24 Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Costa Mesa
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Cecilia Gallardo Daly, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
32ND District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Ken Karns, Chief Operating Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
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EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER Love Hertel, Director
Phone Number (714) 708-1885
Costa Mesa Police Department
Ron Lawrence, Chief of Police
Phone Number (714) 754-5117
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is c onducting prohibited transactions with sanctioned individuals or entities, that s hall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty ( 30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.
Covid 19 Infection Mitigation Protocol & Procedure Guidelines
Contractor agrees to abide by COVID related health directives, if any, in place during the contract period.
GenAI Technology Use & Reporting
During the term of the contract, Contractor must notify the State in writing if their services or any work under this contract includes, or makes available, any previously unreported GenAI technology, including GenAI from third parties or subcontractors. Contractor shall immediately complete the GenAI Reporting and Factsheet (STD 1000) to notify the State of any new or previously unreported GenAI technology. At the direction of the State, Contractor shall discontinue the use of any new or previously undisclosed GenAI technology that materially impacts functionality, risk or contract performance, until use of such GenAI technology has been approved by the State.
Failure to disclose GenAI use to the State and submit the GenAI Reporting and Factsheet (STD 1000) may be considered a breach of the contract by the State at its sole discretion and the State may consider such failure to disclose GenAI and/or failure to submit the GenAI Reporting and Factsheet (STD 1000) as grounds for the immediate termination of the contract. The State is entitled to seek any and all relief it may be entitled to as a result of such non-disclosure.
The State reserves the right to amend the contract, without additional cost, to incorporate GenAI Special Provisions into the contract at its sole discretion and/or terminate any contract that presents an unacceptable level of risk to the State.
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service during designated Year-Round Events at the OC Fair & Event Center.
2. To provide traffic management personnel for large-scale events, where there is a high volume of automobile and/or pedestrian traffic.
3. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
4. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
5. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa Police Department and District Management.
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6. To submit invoice to District for services performed during year-round events no later than thirty (30) days after conclusion of event.
7. Invoicing shall include the event name for which services were rendered as well as employee names, shift start/end time, hours worked, employee’s hourly rate and post-event summary report of field operations, including a description of services performed.
8. Both Parties reserve the right to terminate this Agreement, at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, total amount not to exceed ONE HUNDRED TWENTY-ONE THOUSAND SIX HUNDRED THIRTY-THREE Dollars and 00/100 ($121,633.00). Notwithstanding the foregoing, if Contractor’s compensation reaches $121,633.00 prior to the end of the term of this Agreement, District and Contractor will meet and confer to determine whether an increase in the total compensation is needed to cover Contractor’s services for the remainder of the term of this Agreement. If such increase is needed, District and Contractor will negotiate in good faith to determine the amount of such increase and enter into a written amendment to this Agreement to reflect such increased amount. If District and Contractor do not agree upon an increased compensation amount and Contractor’s compensation reaches $121,633, Contractor shall cease providing services until such time as the total compensation is increased as appropriate to compensate Contractor for services required for the remainder of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of work herein required and upon receipt of proper invoice.
-End Exhibit A-
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-32
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time, hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 53074. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS (CONT.)
PAYMENT RATES
-End Exhibit B-
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EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 2/2025
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods,
or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 210
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Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but
were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
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16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt.
Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
i. “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 212
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performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred:
the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the Contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its Contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the Contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, District, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
(Revised effective January 1, 2023)
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Auth ority , District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the Contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Addition al Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non- profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following: $5,000,000 per occurrence for Carnival Rides and for Freefa ll Attractions (elevated jumps involving airbags); $5 ,00 0,0 00 per occurr ence for the foll owing types of Motorized Events: Automobile races, drifting exhibitions, burnout contests/competitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini-stock, dwarf cars, micro lights, endure, pro stock. $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races. $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock Events such as Bull Riding, Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 218
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Bareback, Saddle Bronc, or Mutton Busting; $2,000,000 per occurrence for the following: Concerts: 2,000 and more attendees; Extreme Attractions*: All Types, including but not limited to bungee attractions, ejection seats, sky scrapers, Trampoline Things/quad jumpers, zip line or similar attractions requiring a Cal/OSHA permit to operate; Fair time Kiddie Carnival Rides: Up to 6 kiddie rides (includes book-in rides); Interim Carnival Rides; Extreme Attractions; Law Enforcement: All types, including but not limited to city police, county sheriff, California Highway Patrol, county probation, California Department of Corrections, state or federal military. Mutual indemnification in the Contract may substitute for coverage with written approval from CFSA. Mechanical Bulls; Motorized Events: Car jumping contests/demonstrations of hydraulic modifications to automobiles; Rave Type Events: Any dance or concert which extends beyond midnight; Rodeo Events: All Types without a paid gate and with any Rough Stock Events such as Bull Riding, Bareback, Saddle Bronc, or Mutton Busting; Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events but including barrel racing, penning, and roping; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance.
If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobil e Li ability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
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sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this Contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this Contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this Contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this Contract.
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2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance covera ge obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this Contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.
2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle,
skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921-2213 for further information and for CFSA Release and Waiver Form.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
This form must be completed legibly, with all information requested. Typewritten or computer -generated forms or reports may be substituted provided that: all required information is included in columnar form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name: __________________________________________________________________
Contact Name: _______________________________ Contact Telephone: _____________________________
Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: _________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, a nd volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of ever y kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned repres ents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification on behalf of Contractor.
_______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________ Printed Name Date
Docusign Envelope ID: 94677724-E399-452E-8B08-593CEB4F31EE Docusign Envelope ID: A4DF8B70-B3E8-4A56-B718-AF30BB047FF1 Cecilia Gallardo Daly
Cecilia Gallardo Daly
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
Procedure: OCFEC employees, contractors and contractor employees wearing identification while on OCFEC property in a working capacity. OCFEC employees wearing proper uniform.
Purpose: To ensure all OCFEC employees, contractors and contractor employees are wearing required photo identification and uniforms.
Procedure 0001
1. All OCFEC employees, contractors and contractor employees must wear the approved OCFEC identification badge at all times while working onsite. Identification badges must be worn around the neck using a breakaway lanyard or in some other clearly visible area using a clip.
2. An OCFEC employee/contractor badge does not provide access to the backstage areas of Pacific Amphitheatre, The Hangar or Action Sports Arena. In order to access these areas, employees, contractors and/or contractor employees must secure an authorized backstage pass. Only employees, contractors and/or contractor employees with a specific role/function requiring them to be in the backstage area may enter.
3. Backstage passes to Pacific Amphitheatre, The Hangar and/or Action Sports Arena may be requested by the Director or the Vice President overseeing an employee’s/contractor’s department. Requests will be forwarded to the Entertainment Director for fulfillment. Approved backstage passes must be worn around the neck using a breakaway lanyard or in some clearly visible area using a clip.
4. All OCFEC employees shall wear their respective department’s approved uniform/attire at all times when working on OCFEC premises during year-round events and the annual OC Fair.
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all procedures.
____________________________________ ___________________________________ (Print Name & Title) (Signature)
____________________________________
(Date)
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this Contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this Contract, Contractor agree s to provide agency a copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expiration date In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this Contract upon occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking credentials for the employees performing in service of the Contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the District within fifteen (15) days of contract award. Failure to do so could result in termination of said Contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the Contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by Dis trict Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contractors, and no s ubcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District -issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of th e Contract, Contractor shall work with the District to ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32 nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the Contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this Contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adopted by the District’s Board of Directors.
Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the District’s current Megan’s Law policy is attached.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the ca se may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Con tractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employ ees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for the duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the Contract.
19. FORCE MAJEURE
If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster, strike, lock- out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within either Party’s control and which renders either party’s performance impossible, infeasible, or unsafe (“Force Majeure Event”), then either party may cancel this agreement and neither party shall have any further liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by Contractor. The District will provide consumable paper products, waste receptacles and plastic waste receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2 years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion. b. Contractor shall sweep and blow all debris daily and upon project completion. c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds. d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC containers. e. Contractor is to keep all compound and chemicals out of storm drains & sewers. f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety training to ensure employees working with chemicals are familiar with SDS per GHS and harassment training (prior to working). In addition, ongoing customer service training will be required during the term of this Contract to educate current employees and new hires. Contractor is required to supply all required training and a schedule of planned training shall be provided to the District at the beginning of every quarter in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor” photo identification badge annually.
Identification badges must be worn at all times while on the property; when entering and while working on the grounds. Badges will have the name visible and worn on the upper right or left torso. All badges must be returned from terminated employees. All other employee badges must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non-transferable. All badges must be returned from terminated employees. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
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Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-375 Meeting Date: 7/15/2025
TITLE:
RESOLUTION FOR IMPLEMENTATION OF SAFETY IMPROVEMENTS ALONG NEWPORT BOULEVARD (SR-55) SAFETY IMPROVEMENTS IN THE CITY OF COSTA MESA DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PAUL MARTIN, P.E., TRANSPORTATION SERVICES MANAGER (714) 754-5343
RECOMMENDATION:
Staff recommends the City Council approve Resolution (2025-xx) requesting the State of California Department of Transportation (Caltrans) to implement safety improvements along Newport Boulevard (State Route (SR) -55) in the City of Costa Mesa.
BACKGROUND:
Costa Mesa Freeway (SR-55) currently terminates at 19th Street and continues south through Downtown Costa Mesa as Newport Boulevard. This major arterial, under the jurisdiction of Caltrans, while providing for regional transportation needs for vehicular traffic, creates significant barriers for pedestrian and bicycle traffic. Therefore, crashes along Newport Boulevard often involve vulnerable roadway users such as people walking and bicycling. Between 2021 and 2023, there have been three pedestrian fatalities along Newport Boulevard between the limits of 19th Street and Industrial Way.
ANALYSIS:
Caltrans recently initiated a project (12-OR32UR) with plans to construct improvements along SR-55 between SR-1 (Pacific Coast Highway) in Newport Beach and SR-91 in Anaheim. In January 2023, Caltrans facilitated a public meeting with invitations sent to members of the Costa Mesa community regarding this project. During the meeting, the community requested Caltrans to consider more aggressive treatments for improving safety along Newport Boulevard, including separated bicycle lanes as well as additional pedestrian treatments. Following this meeting, Caltrans conducted a feasibility analysis and determined that separated bicycle lanes were infeasible and did not include them in the design plans. The Caltrans project included limited improvements for Newport Boulevard (SR-55) within the City of Costa Mesa, including the following:
· New pedestrian accessible curb ramps along Newport Boulevard intersections at 17th Street, Harbor Boulevard, 19th Street, Baker Street, and Paularino Avenue. · Accessible Pedestrian Signals (APS) and pedestrian countdown signals at signalized
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· Accessible Pedestrian Signals (APS) and pedestrian countdown signals at signalized intersections.
· Battery backup systems to maintain operations during power outages.
Caltrans has initiated the project implementation and indicated that the project construction schedule is June 2025 to 2027.
The current Caltrans project excluded several safety features desired by the City of Costa Mesa staff and community including:
· Installation of Leading Pedestrian Intervals (LPIs) with supplemental No Right-Turn blankout signs.
· Installation of passive pedestrian detection to supplement push button use (e.g., pedestrian video camera detection).
· Inclusion of advance stop bars at crosswalks.
· Provision of quick build (striping) or permanent (concrete) curb extensions where feasible to reduce pedestrian crosswalk crossing distances across Newport Boulevard or across cross- streets.
· Installation of additional lighting along corridor and at crosswalks for improved pedestrian visibility.
· Provision of a new crosswalk at the Newport Boulevard/Rochester Street-18th Street intersection north leg.
· Provision of a new crosswalk at the Newport Boulevard/Harbor Boulevard intersection south leg.
· Reduction of travel lane widths to reduce pedestrian exposure in crosswalks, manage speeding behavior, and other engineering countermeasures. · Provision of refuge islands that extend the median past the crosswalk for reduced pedestrian exposure (e.g., Newport Boulevard/Harbor Boulevard north leg). · Potential for installation of high visibility crosswalks. · Addition of speed limit signs and stencils reminding motorists of the posted speed limits. · Consideration of additional posted speed limit reductions consistent with Assembly Bill 43 (AB 43) which provides greater flexibility based on recommendations that the Zero Traffic Fatality Task Force made in January 2020.
· Intelligent Transportation Systems (ITS) features to reduce potential conflicts (e.g., extended
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· Intelligent Transportation Systems (ITS) features to reduce potential conflicts (e.g., extended yellow for dilemma zone issues, delayed green for unfinished pedestrian crossings). · Vehicle-to-Infrastructure (V2I) technologies to alert motorists of potential conflicts and enhance safety of vulnerable road users.
· Traffic signal timing modifications to manage speeding behavior customized for time-of-day conditions (e.g., late night with minor cross-street traffic). · Other safety corridor improvements and features to address traveler safety.
The Costa Mesa City Council, through the attached resolution, requests Caltrans to prioritize pedestrian and bicycle safety in Downtown Costa Mesa. The resolution also requests that Caltrans take immediate steps to incorporate measures to address pedestrian and bicycle safety along this major corridor as part of the current project. The resolution further requests that Caltrans engage with the City on a routine basis to review and address traffic safety concerns of pedestrians and bicyclists in Downtown Costa Mesa.
ALTERNATIVES:
No alternatives were considered since this item is administrative in nature.
FISCAL REVIEW:
There are no fiscal impacts to the City for the approval of the recommended action.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report and resolution and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project supports the following City Council goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.
CONCLUSION:
Staff recommends the City Council approve Resolution (2025-xx) requesting the State of California Department of Transportation (Caltrans) to implement safety improvements along Newport Boulevard (State Route (SR) -55) in the City of Costa Mesa.
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ATTACHMENT 1
Resolution No. 2025-xx Page 1 of 3
RESOLUTION NO. 2025-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REQUESTING THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION TO IMPLEMENT PEDESTRIAN AND BICYCLE SAFETY IMPROVEMENTS ALONG NEWPORT BOULEVARD (SR-55) IN THE CITY OF COSTA MESA
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, Costa Mesa Freeway (State Route (SR) – 55) currently terminates at 19th Street and continues south through Downtown Costa Mesa as Newport Boulevard; and
WHEREAS, Newport Boulevard south of 19th Street is under the jurisdiction of the State of California Department of Transportation (Caltrans); and WHEREAS, Newport Boulevard creates significant barriers to bicycle and pedestrian access in Downtown Costa Mesa; and
WHEREAS, there have been three pedestrian fatalities on Newport Boulevard between 19th Street and Industrial Way between 2021 and 2023; and WHEREAS, Caltrans is currently embarking on a SR -55 Improvement Project between SR-1 in Newport Beach and SR-91 in Anaheim; and WHEREAS, the current Caltrans project includes limited measures aimed at addressing pedestrian and bicycle safety needs; and
WHEREAS, the City of Costa Mesa staff and community desires inclusion of several additional safety features listed in attached Exhibit A.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS:
Caltrans should prioritize pedestrian and bicycle safety in Downtown Costa Mesa.
Caltrans should take immediate steps to incorporate measures identified in Exhibit A to address pedestrian and bicycle safety in Downtown Costa Mesa as part of the current project.
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Resolution No. 2025-xx Page 2 of 3
Caltrans should engage with the City of Costa Mesa on a routine basis to review and address traffic safety concerns of pedestrians and bicyclists in Downtown Costa Mesa.
PASSED AND ADOPTED this 15th day of July, 2025.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 233
ATTACHMENT 1
Resolution No. 2025-xx Page 3 of 3
THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE
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 t he original of Resolution No. 2025-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of July, 2025, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 15th day of July, 2025.
________________________
Brenda Green, City Clerk
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EXHIBIT A
The following additional safety features desired by the City of Costa Mesa staff and community should be considered by Caltrans as part of current SR-55 project:
• Installation of Leading Pedestrian Intervals (LPIs) with supplemental No Right -Turn blankout signs.
• Installation of passive pedestrian detection to supplement push button use (e.g., pedestrian video camera detection).
• Inclusion of advance stop bars at crosswalks.
• Provision of quick build (striping) or permanent (concrete) curb extensions where feasible to reduce pedestrian crosswalk crossing distances across Newport Boulevard or across cross-streets.
• Installation of additional lighting along corridor and at crosswalks for improved pedestrian visibility.
• Provision of a new crosswalk at the Newport Boulevard/Rochester Street -18 th Street
intersection north leg.
• Provision of a new crosswalk at the Newport Boulevard/Harbor Boulevard intersection south leg.
• Reduction of travel lane widths to reduce pedestrian exposure in crosswalks, manage speeding behavior, and other engineering countermeasures. • Provision of refuge islands that extend the median past the crosswalk for reduced pedestrian exposure (e.g., Newport Boulevard/Harbor Boulevard north leg). • Potential for installation of high visibility crosswalks. • Addition of speed limit signs and stencils reminding motorists of the posted speed limits.
• Consideration of additional posted speed limit reductions consistent with Assembly Bill 43 (AB 43) which provides greater flexibility based on recommendations the Zero Traffic Fatality Task Force made in January 2020.
• Intelligent Transportation Systems (ITS) features to reduce potential conflicts (e.g., extended yellow for dilemma zone issues, delayed green for unfinished pedestrian crossings).
• Vehicle-to-Infrastructure (V2I) technologies to alert motorists of potential conflicts and enhance safety of vulnerable road users.
• Traffic signal timing modifications to manage speeding behavior customized for time- of-day conditions (e.g., late night with minor cross-street traffic). • Other safety corridor improvements and features to address traveler safety.
235
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-381 Meeting Date: 7/15/2025
TITLE:
FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2024060115), GENERAL PLAN
AMENDMENT, REZONE, SPECIFIC PLAN AMENDMENT, MASTER PLAN, VESTING TENTATIVE
PARCEL MAP, DENSITY BONUS, AND DEVELOPMENT AGREEMENT FOR HIVE LIVE, A THREE -PHASED, 1,050-UNIT, RESIDENTIAL DEVELOPMENT WITH 3,692-SQUARE-FOOT RETAIL COMPONENT AT 3333 SUSAN STREET
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CHRIS YEAGER, SENIOR PLANNER
CONTACT INFORMATION: CHRIS YEAGER, 714-754-4883,
[email protected]
RECOMMENDATION:
Staff recommends the City Council open and conduct a public hearing, and continue the project to the August 5, 2025 City Council meeting.
BACKGROUND:
The project was noticed for a public hearing on July 15, 2025. Following the notice, the applicant requested to continue the item to the August 5, 2025 City Council meeting.
ANALYSIS:
The applicants request that the project be continued to a date certain to the August 5, 2025 City Council meeting. Staff will return to present the Planning Commission recommendation at that time. If the project is continued to a future uncertain date, the City would need to republish and send out new noticing.
ALTERNATIVES:
There are no recommended alternatives at this time.
FISCAL REVIEW:
The fiscal review will be included as part of the August 5, 2025 agenda packet.
LEGAL REVIEW:
The legal review will be included as part of the August 5, 2025 agenda packet.
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CITY COUNCIL GOALS AND PRIORITIES:
The analysis of City Council goals and priorities will be included as part of the August 5, 2025 agenda packet.
CONCLUSION:
The proposed project will be presented at the next City Council meeting on August 5, 2025.
237
From: Tim O"Brien
To: YEAGER, CHRISTOPHER
Cc: TAI, CARRIE; Matsler, Sean
Subject: Hive Live
Date: Tuesday, July 8, 2025 10:00:39 AM
Chris- following up on our conversation, please continue the city council item to the August 5th meeting.
Also, please let me know when we can come into the city to discuss the zoning designation language, etc.
Sincerely, Tim
Get Outlook for iOS
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ATTACHMENT 1
238
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-359 Meeting Date: 7/15/2025
TITLE:
MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT (PGPA-24-0001), REZONE, MASTER PLAN (PMAP-24-0002), AND TENTATIVE TRACT MAP NO. 19351 FOR THE DEVELOPMENT OF 40 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 220, 222, 234, AND 236 VICTORIA STREET (“VICTORIA PLACE”)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTED BY: VICTOR MENDEZ, SENIOR PLANNER
CONTACT INFORMATION: VICTOR MENDEZ, SENIOR PLANNER, 714-754-5276 RECOMMENDATION:
The Planning Commission recommends the City Council deny the General Plan Amendment (PGPA- 24-0001), Rezone, Master Plan (PMAP-24-0002), and Tentative Tract Map No. 19351.
239
City of Costa
Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 25-359 Meeting Date: 07/15/2025
TITLE: MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT (PGPA-24-0001), REZONE, MASTER PLAN (PMAP-24-0002), AND TENTATIVE TRACT MAP NO. 19351 FOR THE DEVELOPMENT OF 40 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 2 20, 222, 234, AND 236 VICTORIA STREET (“VICTORIA PLACE”)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICE S DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: VICTOR MENDEZ, SENIOR PLANNER
CONTACT INFORMATION: VICTOR MENDEZ, SENIOR PLANNER, 714-754-5276
RECOMMENDATION:
The Planning Commission recommends the City Council deny the General Plan Amendment (PGPA-24- 0001), Rezone, Master Plan (PMAP-24-0002), and Tentative Tract Map No. 19351.
APPLICANT OR AUTHORIZED AGENT:
The applicant is Bundy-Finkel Architects, on behalf of WMC, LLC.
PLANNING APPLICATION SUMMARY
Location: 220 Victoria St Applications Number(s):
PGPA-24-0001 & PMAP-24-0002
Request: Development of a residential common interest development community comprising of 18 duplexes (36 dwelling units) and four detached units for a total of 40 dwelling units.
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SUBJECT PROPERTY: SURROUNDING PROPERTY:
Zone: C2 - General Business North: R3 – Multiple Family Residential General Plan: General Commercial South: C1 – Local Business (across Victoria Place)
Lot
Dimensions:
Approximately 250’ x 307’ East: C2 - General Business
Lot Area: 1.77 acres West: C2 - General Business
Existing
Development:
The project site is currently developed with approximately 18,567 square feet of commercial retail use and storage area.
DEVELOPMENT STANDARDS COMPARISON – RESIDENTIAL INCENTIVE OVERLAY DISTRICT (RIOD) AND RESIDENTIAL COMMON INTEREST DEVELOPMENT (RCID)
DEVELOPMENT
STANDARD
CODE REQUIREMENT PROPOSED MEETS CODE
RIOD Minimum lot size: 0.5 acre 1.77 acres Yes
RCID Minimum lot size: N/A N/A N/A
RIOD Maximum Density: 30 du/acre = maximum 53
units
22.6 du/acre = 40 units Yes
RCID Maximum Floor
Area Ratio (FAR):
0.75 1.43 Deviation Requested1
Open Space:
RIOD Minimum Open
Space
40% of total site area
(30,840 SF)
42% (32,437 SF) Yes
RCID Minimum Open
Space
40% of total lot area
(30,840 SF)
42% (32,437 SF) Yes
RIOD Common Use Open
Space
50% of required open space
(15,420 SF)
32% (9,817 SF) Deviation Requested1
RCID Common Open
Space
Common open space areas
shall be designed and located
within the development to allow
maximum use by all residents
BBQ/Play Area
Centrally Located and
a Flex Space
Yes
RIOD Private Open Space Private decks or patios –
minimum 100 square feet with
no dimension less than 5 FT
Roof deck (9,175 SF) Yes
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(4,000 SF)
RCID Private Open Space An adjoining patio required
with no dimension less than
10 FT
Roof deck (9,175 SF) Yes
RIOD Maximum Building
Height
3 stories 3 stories / 39 FT 6 IN Yes
RCID Maximum Building
Height
2 stories/27 feet 3 stories / 39 FT 6 IN Deviation Requested1
Setbacks:
RIOD Front (Victoria
Place)
20 FT 20 FT Yes
RCID Front (Victoria
Place)
20 FT 20 FT Yes
RIOD Side – Left 20 FT 7 FT 6 IN Deviation Requested1, 4 RCID Side – Left 5 FT 7 FT 6 IN Yes
RIOD Side - Right 20 FT 7 FT 6 IN Deviation Requested1, 4 RCID Side – Right 5 FT 7 FT 6 IN No
RIOD Rear 20 FT 11 FT 3 IN Deviation Requested 1, 4
RCID Rear 20 FT for 2 story structures in
R2-MD and R2-HD zones; 15
FT for 2 story structures in the
R-3 zone. 10 feet for one
story structures…
11 FT 3 IN N/A2
RIOD Landscape
Parkway (Interior
Private Streets or
Common
Driveways)
Combined 10 feet wide, no
less than 3 feet on one side
None Deviation Requested1
RCID Landscape
Parkway (Interior
Private Streets or
Common
Driveways)
Combined 10 feet wide, no
less than 3 feet on one side.
Parkway on house side of
private street or common
driveway shall be a minimum
of 5 feet wide
None Deviation Requested1
Storage:
RIOD Storage N/A Garage (390 SF) N/A
RCID Storage Each unit provide 200 cubic
feet of securable storage
exterior to unit or within
garage/carport
Garage (390 SF) Yes
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Item #: 25-359 Meeting Date: 07/15/2025
Garage Dimension:
Two-car garage 20 FT x 20 FT 20 FT x 19 FT 6 IN Deviation Requested1
Parking Stall Width Between Buildings
Parking Stall Width 1 FT ON EACH SIDE: 10 FT
6 IN
9 IN ON EACH SIDE:
10 FT
Deviation Requested1
Parking:
Residential Tenant
Covered Parking
(Three Bedrooms)
40 (1 spaces x 40 units = 40
spaces)
103
Deviation Requested1
Residential Tenant
Open Parking
(Two Bedroom)
90 (2.253 spaces x 40 units = 90
spaces)
Residential Guest
Parking
20 (0.5 spaces x 40 units = 20)
TOTAL 1503
1 Development standard deviations allowed through Master Plan approval process 2 The development is composed of three-story residential units and is not located within the R2-MD, R2-HD, or R-3 zone, therefore, has no rear setback
3 Tenant open parking can be reduced by 0.25 space for one bedroom and larger units if the covered parking is provided within either a carport or a parking structure; therefore, calculation includes 0.25 reduction 4 Side and rear setback requirements under the RIOD appear to be ambiguous, as the standard states: “20 feet (for 3 stories abutting R2-MD zones).” It is unclear whether this 20-foot setback applies to only when a 3-story building abuts an R2-MD zone. If the development is proposed at 3 stories but does not abut an R2 -MD zone, it is uncertain whether a zero setback would be permitted. Given this lack of clarity, staff applied a conservative interpretation and used the 20 - foot setback for both side and rear yards.
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BACKGROUND:
The project site is located on the north side of Victoria Place near the intersection of Victoria Street and Newport Boulevard. The project site consists of three adjacent properties with a total combined area of 1.77 acres (see the below Exhibit 1).
The project site is currently developed with existing commercial retail buildings, a residential unit repurposed as a commercial use, and storage yards. Specifically, approximately 18,567 square feet commercial retail use and storage are located on -site; the buildings are occupied by the following tenants:
Exhibit 1 Vicinity & Location
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Table 1 – Existing Structures
In addition to the existing structure noted in Table 1, the site also contains a one -story residential structure built in 1954. However, rent rolls indicate that for the past 58 years, the structure has been used as a commercial or storage facility for a p lumbing business rather than as a residential unit.
Currently vacant and in a state of disrepair, the structure has not been occupied for the past five years.
Therefore, the existing structure is not a protected residential unit under California state law because it has been used for commercial purposes for the past 58 years, has remained vacant and uninhabitable for the last five years, and does not constitute viable or recently occupied housing.
Access to the project site is currently provided by Victor ia Place, which connects Victoria Street and Newport Boulevard. Nearby development includes an 11 -unit apartment project on an 0.83 -acre lot (13.2 du/acre) and a 32-unit apartment project on 1.12-acre lot (28.6 du/acre) to the north. Commercial uses such as Herb’s Garage Auto Center is located to the west, Jiffy Lube to the south, and the Newport Victoria Plaza office building to the east. The project site is also positioned within a ½ mile walking distance to a mix of retail, restaurant, and shopping areas.
Early historical aerials indicate the site was surrounded by rural fields, within sparse development until the iteration of a single-family house in 1938 located at the southwest corner of the site. By the 1950s, following the incorporation of Costa Me sa in 1953, historical aerials indicate the presence of outbuildings (since disappeared) in the rear/north portion of the lot. A proliferation of industrial and commercial buildings had appeared on the parcels and surrounding area by 1963. Between 1972 and 1987, the final building was constructed within the project area. By 1992, the Project area is generally in its current configuration.
Suite Use Square Footage/Units
220 Victoria Street
Suite A Storage 500 square feet
Suite B Boat Storage and Repair (Harvey’s
Boat Storage)
1,400 square feet
222 Victoria St
Suite A Commercial Retail (Allied Lighting) 6,834 square feet 234 Victoria St
Suite A Originally constructed as residential
use, but has been utilized for
commercial purposes for the past 58
years (Currently Vacant)
1 Unit approximately 2,000
square feet
Suite B Commercial (Suburban Plumbing) 2,333 square feet 236 Victoria St
Suite A Commercial Retail (Battery Mart) 5,500 square feet
Total Commercial Square Footage 18,567 square feet
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Residential Incentive Overlay District (RIOD) Background
On September 20, 2016, the City Council passed Code Amendm ent CO-16-02 which established the RIOD. The RIOD is situated along Harbor and Newport Boulevards on properties with underlying General Plan land use designations of Commercial Residential, General Commercial or Medium Density Residential. The overlay was initially applied to 14 sites that were developed with marginal operating commercial uses (mainly motels, restaurants, gas stations, and auto services). The overlay added a land use option for residential development of up to 40 dwelling units per acre (du /acre) on these sites compared to the Commercial Residential (maximum of 17.4 du/acre), General Commercial (no residential permitted except in mixed use developments), and the Medium Density Residential (maximum of 12 du/acre) land use designations. The added overlay and higher densities were intended to incentivize residential redevelopment of these parcels. However, after the establishment of the RIOD, the City did not receive any interest from the 14 property owners to redevelop these properties.
Subsequently, on November 13, 2018, the City Council approved a General Plan and Zoning Code amendment to reduce the area of the RIOD from 14 sites to only four sites; including: (1) 3205 Harbor Boulevard (Vagabond Inn), (2) the southeast portion of Harbor Boulevard and Gisler Avenue (consisting of an existing hotel, gas station and restaurant), (3) 2277 Harbor Boulevard (Lux Apartments), and (4) the southeast portion of Newport Boulevard and Albert Place (2250 Newport Boulevard (the Ali Baba Motel) and 2274 Newport Boulevard (the Mesa Vista Apartments). At that time, the City Council also reduced the maximum allowable density within the RIOD from 40 du/acre to 30 du/acre and lowered the maximum building height from four stories to three stories.
On August 6, 20241, the City Council reviewed a screening application for the proposed 40-unit RCID.
The City Council was generally supportive of the proposed development plan and provided suggestions to prioritize community spaces and streetscape design project features. The City Council provided feedback, which was incorporated into the formal application, particularly emphasizing enhanced community space and streetscape improvements along Victoria Place . Additional comments were provided to remove Palm trees from the landscaping palette.
Subsequently, the applicant prepared their formal submittal incorporating the City Council comments including increasing the common use open space in the center of the development, revitalizing the landscape peninsula along Victor ia Place, enhancing the façade of the units and by removing palm trees from the landscape plan.
1 The August 6, 2024 staff report and meeting video can be viewed links below:
Report:https://costamesa.legistar.com/LegislationDetail.aspx?ID=6816049&GUID=802DDB31-6CD1-40E5-9CCE- E01BF2F8224A
Video: https://costamesa.granicus.com/player/clip/4159?view_id=14&redirect=true
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Measure Y/Measure K
Measure Y was approved by the voters on November 8, 2016, and certified by City Council on December 12, 2016, and became effective on December 23, 2016. Measure Y amended the CMMC to require voter approval of certain changes in land use including projects that amend, change, or replace the General Plan, the Zoning Ordinance, a specific plan, or an overlay plan and involve one or more specific conditions as identified in the ordinance. Measure K, approved by Costa Mesa voters in November 2022, permits the City Council to approve housing and mixed -use developments in designated commercial and industrial corridors without requiring voter approval, as was previously mandated by Measure Y. The proposed project is exempt from Measure Y because it falls within th e boundaries of the Measure K overlay. Measure K aims to facilitate the revitalization of underutilized areas by encouraging the development of housing opportunities, thereby addressing the community's needs without compromising existing residential neighborhoods.
Housing Element
The 6th Cycle Housing Element identifies housing opportunity sites throughout the City pursuant to the State determined Regional Housing Needs Allocation (RHNA). Although the project site is not an identified housing site by the City’s housing element, the project would count toward the City’s 6th Cycle RHNA allocation, provided that building permits are issued by the end of the planning period in December 2029.
Planning Commission
On June 9, 2025, the Planning Commission review ed the proposed 40 -unit residential condominium development. As part of its review, staff recommended that the Planning Commission recommend that the City Council take the following actions:
1. Adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and
2. Approve the General Plan Amendment (PGPA-24-001), Rezone, Master Plan (PMAP-24-0002), and Tentative Tract Map No. 19351, subject to conditions of approval.
Public comments at the Planning Commission meeting reflected a mix of project support and concerns.
Those in favor highlighted that the project consists of ownership units, which could help balance the ratio of owner-occupied to rental housing in the City, noted the family-friendly home sizes, and pointed out it its similarity in scale to another nearby condominium project along Victoria Street. Supporters emphasized th at the ownership units would reduce the ratio between owner occupied and rental property in the City, that the size of the homes were suitable for families, and that the project is similar in size and scale to another nearby condominium project along Victoria Street . Public concerns included potential parking shortages, the number of requested deviations, and the suitability of the site location given its location along the high-traffic Newport Boulevard corridor and potential noise and air quality impact due to freeway proximity.
The Planning Commission discussed traffic impacts, public safety, and the appropriateness of applying the Residential Incentive Overlay District zone given the project’s various deviations from code. While 247
Item #: 25-359 Meeting Date: 07/15/2025
some commissioners appreciated the ownership opportunity and design intent, others expressed concern over parking shortages, pedestrian access, and zoning approach.
With a motion by Vice Chair Zich and second by Chair Harlan, t he Planning Commission voted 5-2 (Ayes: Zich, Harlan, Martinez, Rojas, and Klepack; N oes: Dickson and Andrade) to recommend the City Council to deny the project (the General Plan Amendment (PGPA-24-001), Rezone, Master Plan (PMAP-24-0002), and Tentative Tract Map No. 19351) and not adopt the Mitigated Negative Declaration and not approve the General Plan Amendment, Rezone, Master Plan, and Tenetative Tract Map. Commissioners (Zich, Harlan, Martinez, and Klepack) expressed concerns related to the project’s reliance on deviations from development standards, its use of the residential overlay zoning mechanism, and pedestrian safety. Commissioners that supported the project, cited the need for ownership housing and the applicant’s responsiveness to City Council feedback.
The June 9, 2025, Planning Commission agenda report and meeting video can be viewed at the links below:
Report: https://costamesa.legistar.com/LegislationDetail.aspx?ID=7429061&GUID=F544796B-A572- 455D-B17D-772A9565FFDB
Video: https://costamesa.granicus.com/player/clip/4269?view_id=14&redirect=true
The project site is entirely within the Airport Planning Area for John Wayne Airport, as defined by the Airport Land Use Commission (ALUC) of Orange County. Consequently, any proposed amendments to the General Plan, such as the one associated with the proposed three -story residential project, must be referred to the ALUC for a consistency determination prior to adoption by the City Council.
On June 19, 2025, in compliance with Section 21676(b) of the California Public Utilities Code, ALUC held a public hearing finding that the project is compatible with the Airport Environs Land Use Plan (AELUP).
ANALYSIS:
The project proposes to develop a 40 -unit RCID community comprising of 18 duplexes (36 dwelling units) and four detached units adjacent to Victoria Place. Victoria Place, a public street forming the southern boundary of the site, provides access to the project through two new driveways. This street connects to Newport Boulevard and Victoria Street, facilitating circulation to and from the site. As part of the project, a new sidewalk will be constructed along Victoria Place, accompanied by accessible pathways that connect to adjacent pedestrian and future bicycle amenities.
A new Class II bike lane is also proposed along the north side of Victoria Place, connecting Newport Boulevard to Victoria Street and enhancing multimodal access. A Class-2 bike lane is provided on the east side of Newport Boulevard and Costa Mesa’s Public Works Department is planning to install a new bike lane along the west side of Newport Boulevard. In addition, there are three additional bicycle lanes in the immediate area located along Victoria Street, Newport Boulevard, and Fairview Road.
These bicycle lanes are interconnected with the regional bicycle trail system and provide connections between Costa Mesa, Huntington Beach, Newport Beach, and Santa Ana. The project’s internal private drive aisles form an “H-shape” circulation pattern with garage doors facing towards the drive aisles.
The Orange County Transportation Authority (OCTA) operates bus route 71 nearby with two bus stops located approximately 270 and 550 feet away. Bus Route 71 runs north-south generally along portions 248
Item #: 25-359 Meeting Date: 07/15/2025
of Newport Boulevard and Red Hill Avenue from Newport Beach through Costa Mesa and into Irvine and Santa Ana and points beyond.
The project proposes an overall density of 22.6 dwelling units per acre (du/acre), where 30 du/acre is allowed under the RIOD. Each unit proposes a square footage of approximately 2,751 square feet with a height of approximately 39 feet, six inches. Each unit includes a first-floor office area, restroom, two- car garage. The second floor includes a living room, a kitchen, a dining area, a bathroom, and a covered balcony. The third floor living area has three bedrooms, two bathrooms, and a laundry area. In addition to a roof deck, each unit would also have private open space at the ground level. The units facing Victoria Place include landscaping with nearby pedestrian access to a proposed future public sidewalk (see the below proposed floor plans in Exhibits 2 and 3). These units also include large, street -facing windows along the Victoria Place frontage.
Exhibit 2 Detached Unit Floor Plan
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Item #: 25-359 Meeting Date: 07/15/2025
The duplexes located toward the interior of the site have front doors oriented on the side of the unit, facing the front doors of neighboring units. The project provides five guest parking spaces centrally located within the development, and 18 open parkin g spaces located between units (see the below Exhibit 4 – Site Plan). As proposed, a total of 103 parking spaces would be available in the two -car garages and adjoining surface parking spaces.
Exhibit 3 Duplex Unit Floor Plan
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Exhibit 4 Site Plan
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Deviations
The RIOD allows for deviations from the requirements to encourage residential development.
Deviations require specific findings, including justification that the deviation results in a development that better achieves the goals of the General Plan, that th e deviation results in a development which exhibits excellence in design, and that the deviation will not be detrimental to public health. The project proposes the following deviations:
Floor Area Ratio (FAR): The RCID development standards results in a maximum FAR of 0.75.
The applicant is requesting a deviation to allow a FAR of 1.43. Common Use Open Space: The RIOD development standards require a minimum of 50% of the total open space. The applicant is requesting a deviation to allow 32% of common use open space.
Building Height: The RCID development standards limit building height to two stories. The applicant is requesting a deviation to allow three-story residential buildings. Side Setback: The RIOD development standards require a minimum side setback of 20 feet.
The applicant is requesting a deviation to allow a reduced side setback of 7 feet, 6 inches. Rear Setback: The RIOD development standards require a minimum rear setback of 20 feet.
The applicant is requesting a deviation to allow a reduced setback of 11 feet, 3 inches. Landscape Parkway (Interior Private Streets or Common Driveways): The RCID and RIOD development standards require a landscape parkway along common driveways or interior private streets. The applicant is reques ting a deviation to omit the landscaped parkways along the common driveways.
Parking: The City’s Residential Off -Street Parking Standards require this development to provide 150 parking spaces including 130 parking spaces and 20 guest parking spaces. The applicant requests a deviation to allow for a total of five guest parking spaces including 98 parking spaces for a total of 103 parking spaces.
Garage Dimensions: The City’s Residential Off -Street Parking Standards require a minimum unobstructed interior garage dimension of 20 feet wide by 20 feet long. The applicant requests a deviation to allow an interior garage dimension of 19 feet, six inches wide by 20 feet long for each unit.
Parking Stalls Between Buildings: The City’s Parking Design Standards require that parking stalls (open and carports) with vertical restrictions at the side (walls, fences, shrubs, etc.) to be increased in width by one foot beyond the standard requirement. For residential uses, the standard parking stall dimension is eight feet, six inches wide by 18 feet long. The applicant is requesting a deviation to allow a minimum parking stall width of 10 feet.
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The analysis and specific findings for the requested development deviations are provided below in the Master Plan and Deviation from Development Standards Findings sections of this report.
The project proposes two-unit types, Duplex and Detached. Similar to other residential developments throughout the City, each unit includes a two-car garage, home office, and a bathroom on the first floor.
The second floor is dedicated to living area and i ncludes a half bathroom, kitchen, dining area, living room, and balcony at the rear of each unit. The third floor of each unit is dedicated to bedrooms. Each plan includes three-bedrooms, two-bathrooms, and a laundry closet. There is also an open roof deck that includes an enclosed stairway.
Elevations
As shown in Exhibit 5 below, the proposed residential project has been designed with contemporary design features including modern elements such as large windows, and a mixture of exterior building materials which contributes to the variety of vertical and horizontal articulations.
Exhibit 5 Street Elevations
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As shown in Exhibit 6 below, the duplex and detached units are oriented toward a shared driveway aisle, with front elevations and garages facing one another.
The project site is currently designated “General Commercial” by the City’s Land Use Element of the General Plan, and is zoned “C2, General Business District.” These designations do not support a residential use of the property but instead allow for office and retail/service uses. However, the project site is located within a “Measure K” corridor that runs along Newport Boulevard. “Measure K” was passed by Costa Mesa voters on November 8, 2022, for the purpose of revitalizing commercial corridors by encoura ging new housing in commercial and industrial areas while preserving the character of existing residential neighborhoods. Because the current property zoning does not allow for residential development, the applicant is requesting the City re-zone the property with a residential incentive overlay designation to allow for residential development.
A conventional residential rezone would not have facilitated the project because the proposed density of 22.6 dwelling units per acre exceeds the limits of nearly all standard residential zones in the City, which generally cap at 20 dwelling units per acre, and the project does not include affordable housing units that would otherwise qualify for density bonuses or related waivers. Additionally, the City’ s residential zones limit building heights to two stories or 27 feet, which the proposed project exceeds.
Moreover, even under a traditional residential rezone, the project would be required to comply with two sets of development standards — those of the proposed zoning district and the RCID standards as this is a condominium project. This dual compliance can often create the appearance of numerous deviations, as the project must comply with both standards. Pursuing a traditional residential zone would also trigger the need for multiple variances—including for density, height, and setbacks — none of which could reasonably meet the required findings for approval based on special circumstances applicable to the property.
Exhibit 6 Typical Side Elevations for Interior and End Units 254
Item #: 25-359 Meeting Date: 07/15/2025
In contrast, the RIOD overlay provides a clear and established framework that allows for increased density (up to 30 du/acre) and greater flexibility in deviating from development standards without relying on variances or variance -type findings. The RIOD is not a workaround; rather, it is a tailored zoning solution that enables the City to facilitate more infill development in appropriate locations, consistent with the General Plan’s goals for housing production and efficient land use . The City’s original intent was to provide flexibility to property owners to either retain current commercial or residential uses or to redevelop sites over time with new residential housing at densities specified in the overlay zone. Sites proposed for the RIOD were targeted at locations along Harbor Boulevard and Newport Boulevard to take advantage of transit routes and proximity to goods and services. The RIOD also expands development opportunities on commercial property not developed to their full potential or supporting outdated building and underperforming uses. Moving forward, the City’s rezoning process will continue to look at the City’s zoning regulations and create new development standards that are better suited to the type of housing demand and projects that the City is seeing.
General Plan Amendment
The existing Land Use designation of “General Commercial” does not need to be changed to facilitate the proposed RIOD for the project in that the General Plan Land Use Element specifies that the RIOD is a consistent zoning classification in the “General Commercial” Land Use District. However, a General Plan amendment is needed to modify the Land Use Element maps, figures, text and tables to update the Land Use Element to specifically identify the subject property with a RIOD designation. The proposed Land Use Element update would result in a fifth property location being designated with this “Overlay” and enable residential development on the property up to 30 dwelling units per acre.
Rezone
A Zoning Code Amendment is required to re-zone the project site from C2 – General Business District to RIOD to implement the General Plan RIOD. The Zone Code Amendment will apply a specific set of zoning provisions outlined in Costa Mesa Municipal Code (CMMC) Article 12, Residential Incentive Overlay District, to the proposed RCID.
As an “overlay district”, the property’s base land use and zoning designations do not change. Pursuant to CMMC Section 13-83.64, development standards of the base zoning district still apply to properties that a re designated with RIOD; however, are superseded by the overlay district standards when residential development is proposed. Only two RIOD sites have been developed: (1) The Lux Apartments, and (2) a section of the southeast portion of Newport Boulevard a nd Albert Place was converted from a “Motel 6” to apartments. (See Exhibit 7 and Exhibit 8 below).
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Tentative Tract Map
A Tentative Tract Map is a preliminary subdivision map required under the California Subdivision Map Act when a property is proposed to be divided into five or more lots, including for condominium developments. Although typically associated with dividing land into multiple parcels, a Tentative Tract Map is also required when a project proposes a condominium subdivision of airspace units, even if the underlying land results in just one legal lot. In this case, the applicant proposed to merge three existing parcels, approximately 1.77 acres, and create a one-lot subdivision for the development of residential condominium units, common areas, and private streets.
Since the residential units will be developed as condominiums, and pursuant to the RIOD development standards, the project is required to be developed as a "common interest development" that allows for individual ownership. The Tentative Tract Map proposes "air -space" subdivisions for each residential unit, meaning each owner would control the interior space of their unit (including any dedicated ground- floor open space areas), while all common areas would be jointly owned and maintained through a homeowners' association (HOA). As such, approval of the Tentative Tract Map is required to merge Exhibit 7 Lux Apartments (2277 Harbor Boulevard)
Exhibit 8 Mesa Vista Apartments (2274 Newport Boulevard) 256
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the existing parcels and establish the airspace subdivision, in compliance with the to the Costa Mesa Municipal Code and Subdivision Map Act.
Master Plan
A Master Plan approval is required for all new development within the RIOD. The Master Plan process establishes the project’s overall design framework including consideration of deviations from development standards in exchange for high -quality projects. The proposed Master Plan proposes a mix of three-attached and detached residential condominiums, each featuri ng a two-car garage, with surface parking between the residential buildings. The development consists of 40 residential condominium units, comprised of 18 attached duplex buildings (36 units) and four detached units. In response to City Council feedback th e project incorporates several communal amenities, including a centrally located barbecue area, a children’s play area, and a flexible -use space, as shown in the site plan.
Also, in response to City Council’s comments regarding activation and revitalization of the landscape peninsula, along Victoria Place, the applicant is proposing a new passive recreation area along this frontage. The design includes seating areas, shade tr ees, landscaping, and a bioswale, which contribute to pedestrian amenities and provide stormwater management functions along the streetscape. Although the area will be situated within the City’s right -of-way, its ongoing maintenance will be the responsibility of the future residential homeowners’ association (HOA), ensuring its upkeep and integration with the community. This area will be open to the general public, providing a welcoming space for all community members to enjoy, not just residents of the development. As part of the Master Plan process, the project must comply with specific Master Plan findings.
Pursuant to the RIOD provisions, Section 13 -83.63(e), deviations from the RIOD development standards may be approved through the Master Plan process provided that the following findings can be made:
1. Strict interpretation and application of the overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of the General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan;
2. The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development; and
3. The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Site Design
The condominium development is proposed on a 1.77 -acre site, which meets the minimum lot size requirement of 0.5 acres as established in the RIOD standards. The project provides a minimum 10 - foot building separation, meeting the required standard for building-to-building separation. The site also includes a 20-foot landscape setback along Victoria Place, in compliance with both the RIOD and RCID standards for front yard setbacks. These components demonstrate the project’s compliance with applicable site design requirements related to minimum lot size, building separation, and front yard landscaping.
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Deviation for Reduced Side and Rear Setbacks
The RIOD development standards require a minimum side setback of 20 feet. The project proposes a side setback of 7 feet, 6 inches, which does not meet the RIOD standard. However, the project complies with the RCID standard, which permits a minimum side setback of five feet. Since the project qualifies as a RCID and proposes to apply the RIOD designation to the site, it is subject to both sets of standards. As such, the applicant is requesting a deviation from the RIOD side setback requirement to allow a reduced side setback of 7 feet, 6 inches.
The RCID rear setback standard does not apply to this project, as the proposed development consists of three-story residential units and is not located within the R2 -MD, R2-HD, or R -3 zoning districts.
Therefore, no minimum rear setback is required under the RCID standards. However, the RIOD development standards require a minimum rear setback of 20 feet. The project proposes a rear setback of 11 feet, 3 inches, which does not meet the RIOD requirement. As such, the applicant is requesting a deviation from the RIOD rear setback standard to allow a reduced setback of 11 feet, 3 inches.
The intent of side and rear yard setbacks is to provide adequate separation between buildings for light, air circulation, and privacy between adjacent uses. The proposed side setback reduction from 20 feet to 11 feet, 3 inches would continue to meet this intent based on the surrounding context. To the west, the adjacent property is an automobile service center with a building located app roximately 30 feet from the shared property line; to the east, the adjacent office building is set back approximately 50 feet.
To the north, the nearest residential units within the adjacent multi -family development are approximately 20 feet from the shared property line.
Density
The project site is currently zoned C2 – General Business District. However, the applicant proposes to apply the RIOD to the site to allow for residential development and to be subject to the RIOD’s development standards. The RIOD is unique in that it establishes a maximum residential density of 30 dwelling units per acre, which is the highest residential density permitted by the City's development standards. Additionally, because the project is a RCID, it is also subject to the RCID development standards.
The project proposes a density of 22.6 dwelling units per acre. This proposed density is in compliance with the RIOD, which allows a maximum density of up to 30 dwelling units per acre. As such, the project meets the applicable density standards established under the RIOD.
Pursuant to Costa Mesa Municipal Code Section (CMMC) 13-41, Table 13-41(b) (Residential Common Interest Development Standards), the maximum density is tied to the underlying zoning district. Since the C2 – General Business District does not prescribe a maximum residential density, the closest applicable standard is the maximum Floor Area Ratio (FAR). Based on the site’s General Plan land use designation of General Commercial and the allowable vehicle trip gene ration thresholds, a maximum FAR of 0.75 applies.
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Deviation for Floor Area Ratio
The proposed project includes a Floor Area Ratio of 1.43 and a residential density of 22.6 dwelling units per acre. Although the FAR exceeds the maximum 0.75 FAR standard, the proposed residential density is well within the 30 dwelling units per acre permitted by the RIOD. Additionally, the applicant has provided a trip generation memorandum demonstrating that the existing traffic infrastructure is adequate to support the proposed project without causing adverse impacts.
Unlike commercial development where FAR controls intensity and traffic impacts, residential projects are better evaluated through density standards (dwelling units per acre), especially under an ov erlay district such as the RIOD that is intended to facilitate residential opportunities. The proposed development's density aligns with the existing residential character along Victoria Street, where similar densities are observed. Furthermore, the projec t includes a defined site layout with integrated community amenities, and contributes to the City’s goals of expanding homeownership opportunities.
The project intensity is compatible with the purpose and intent of the RIOD and it would not exceed the capacity of existing public infrastructure.
Open Space, Common Open Space and Private Open Space
The project proposes a total of 32,437 square feet of open space, which represents approximately 42% of the total site area. This amount exceeds the minimum ope n space requirement of 40% as established by both the RIOD and the RCID standards. The project also complies with the common open space requirement, which requires that common open space areas be designed and located within the development to allow maximu m use by all residents. The proposed site plan includes a centrally located barbecue and play area, along with a flexible -use space, all of which are accessible to residents and designed to support active and passive recreational use. In addition, the project meets the minimum private open space standards by providing private decks or patios for each unit. These private spaces exceed the required minimum of 100 square feet with no dimension less than 10 feet, as the proposed roof decks are approximately 230 square feet each, and each unit also includes private open space at the ground level.
Deviation to Common Use Open Space
In addition to the overall open space requirement, the RIOD standards require that at least 50% of the required open space (or 15,42 0 square feet) be designated as common use open space and include recreational amenities for children. The project proposes 9,817 square feet (32%) of common use open space, which falls short of the RIOD’s minimum standard.
However, the project does incor porate key recreational amenities, including a centrally located children's play area, a barbecue area, and a flexible-use open space, consistent with the intent of both the RIOD and RCID standards for community-oriented spaces. Furthermore, while an off-site passive recreation area is not a required development standard, the applicant is voluntarily proposing one along Victoria Place. The area will feature landscaping, shade trees, seating areas, and a bioswale —a landscaped draining feature that helps manage stormwater by filtering runoff and allowing it to absorb into the ground. While the passive recreation area cannot be formally counted toward the common use open space calculation because it is located outside the development boundary, if considered, the total area dedicated to open space would be significantly closer to meeting minimum RIOD requirement.
Since the project qualifies as a RCID and proposes to apply the RIOD designation, it must comply with 259
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both sets of standards. Therefore, the applicant is requesting a deviation to allow for 9,817 square feet of common use open space.
Building Height and Architecture
The maximum building height allowed within the RIOD is three stories, with rooftop terraces permitted and not counted as an additional story. The project proposes three -story residential units with rooftop terraces, resulting in a total height of approximately 39 feet, six inches. The design includes a contemporary architectural style featuring varied rooflines, building setbacks, and articulation along the facades, which collectively help to break up the visual scale and massing of the buildings. As proposed, the project complies with the RIOD height standard.
Deviation to Building Height
While the RIOD permits a maximum height of three stories, the RCID standards limit building height to two stories. As such, the applicant is requesting a deviation from the RCID height limitation to allow for three-story buildings.
Landscaping
The project proposes approximately 16,368 square feet of on -site landscaping. Per the City’s Landscaping Standards (CMMC Chapter VII), landscape areas must consist of drought -tolerant plant materials and meet minimum diversity requirements based on total landscape square footage. The site Exhibit 9 Off-Site Passive Recreation Area
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plan demonstrates that private yards will be landscaped, with trees and shrubs planted throughout the community, including along roadways for shade, screening, and aesthetic enhancement.
The project features a diverse plant palette, including Hopseed Bush, Afghan Pine, Bloodgood London Plane, Compact Carolina Cherry Laurel, and Brisbane Box trees. Drought-tolerant shrubs such as Blue Flame Agave, Emerald Blanket Natal Plum, Flax Lily, and Aprilgrun Fescue, along with nativ e and drought-tolerant ground covers, are proposed to ensure a sustainable and visually appealing landscape. Exhibit 10 provides the full plant count, and the landscape palette is included on Plan Sheet L1.02. As part of the building permit plan check, final landscape plans will be reviewed and certified by a licensed California landscape architect to confirm compliance with CMMC and the City’s Water Efficiency Landscape Guidelines.
Requirement Proposed
Tree Count 82 (one 15-gallon tree or larger per 200
square feet of landscape area)
87 (24 are proposed at 36- inch box)
Shrub Count 656 (one shrub for every 25 square feet
of landscape area)
695
As part of the building permit plan check review, final landscape plans shall be prepared and certified by a California licensed landscape architect confirming that they comply with the Costa Mesa Municipal Code (CMMC) and water efficiency landscape guidelines.
Deviation for Landscape Parkway
The RCID and RIOD development standards require a combined 10 -foot-wide landscape parkway (minimum three feet on one side) along common driveways or interior private streets. In this case, to preserve the proposed residential unit count and maintain functional and efficient drive aisles, the project does not include the landscaped parkways along the private driveways. Therefore, the applicant is requesting a deviation from the RCID and RIOD parkway requirement.
The intent of landscape parkways within a condominium development is to enhance the visual character of the neighborhood, provide a buffer between pedestrian and vehicular areas, and contribute to the overall livability of the site. In this case, the applican t is requesting to omit traditional landscape parkways; however, the project incorporates landscaping between garages, private side yards, tree wells, common open spaces, and walkways entering the site that are surrounded by landscaping and trees.
Exhibit 10 Landscaping Count
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Parking
Pursuant to the RIOD, required parking for the proposed residential units is based on the City’s Off - Street Parking Standards in the CMMC. The City’s Residential Off -Street Parking Standards require that units with three or more bedrooms provide 3.5 parking spaces per unit and 0.5 guest parking spaces. However, if covered parking —such as garages or carports —is provided, the parking requirement can be reduced by 0.25 spaces per unit. In this proposal, all 40 units three-bedroom units include attached two-car garages, qualifying as covered parking. Therefore, the development requires 130 parking spaces and 20 guest parking spaces, totaling 150 spaces.
Deviations to Parking
The applicant proposes 103 parking spaces, with a proposed parking ratio of 2.58 spaces per unit, resulting in a shortfall of 47 parking spaces.
The proposed parking ratio would be consistent with other nearby developments along Victoria Street, such as Victoria Gardens (2.57 spaces per unit) and Ocean Breeze Villas (2.5 spaces per unit).
Although a formal parking demand analysis specific to this project was not prepared, the proposed reduction in parking is supported by several contextual and project -specific factors. For example, a similar residential project of comparable size, unit count, and parking configuration was approved by the Planning Commission on February 10, 2025, for a 38 -unit live/work condominium development located at 960 West 16th Stree t. That project included 100 total parking spaces —76 within private garages and 24 as open parking/driveway spaces. As part of the review, a parking study was Exhibit 11 Aerial View
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conducted using empirical data from two existing live/work developments in the City: the Lighthou se Community (89 units) and the Level 1 development on Industrial Way (60 units). The study identified a peak mid-day parking demand of 2.57 spaces per unit.
The proposed project provides a parking ratio of 2.58 spaces per unit, consistent with comparabl e projects in the City. Additionally, public on -street parking is available along the south side of Victoria Place, which may serve as supplemental parking if needed. The project is also close to bike lanes and transit, providing access to car-free travel.
Deviations to Garage Dimensions
The City’s Residential Off-Street Parking Standards require that all two-car garages provide a minimum unobstructed interior dimension of 20 feet wide by 20 feet long. The proposed project includes a two - car garage for each residential unit; however, the garages are designed with interior dimensions of 19 feet, six inches wide by 20 feet long, which does not fully meet the City’s minimum requirement.
As a result, the applicant is requesting a deviation to allow an interior garage dimension of 19 feet, six inches by 20 feet for each unit.
Deviation to Parking Stalls Located Between Buildings
The City’s Parking Design Standards require that parking stalls (open and carports) with vertical obstructions on the sides —such as walls, fences, or landscaping —be increased by one foot beyond the standard width. For residential uses, the standard parking stall size is eight feet, six inches wide by 18 feet long; therefore, where vertical obstructions are present on both sides, th e minimum required stall width is 10 feet, six inches. In this case, the project proposes open parking stalls located between residential units, where vertical obstructions are present on both sides. The proposed parking stall widths range from 10 feet to 11 feet, which does not fully meet the minimum width requirement in all instances. As such, the applicant is requesting a deviation to allow a minimum parking stall width of 10 feet. Of the 18 proposed parking stalls adjacent to vertical obstructions, 14 a re proposed to be less than the required with of 10 feet, six inches—representing approximately 78% of the affected open stall count. The requested deviation in minor in nature, reflecting a reduction of only six inches, or approximately 4.8%, from the required stall width.
Trip Generation
CMMC Section 13-275(e) indicates that any increase in traffic generation by a change of use that is required to obtain a discretionary permit, shall be subject to review by the appropriate reviewing authority, which may impose fees to address increased trip generation. If required, the fee collected is used to fund the City’s comprehensive transportation system improvement program. The purpose of the program is to ensure that the City’s transportation system has the capacity to accommodate additional trips. The Citywide Traffic Impact Fee related to new and expanding developments is determined using estimated Average Daily Trips (ADT), which is the combined total number of vehicular trips both in and out of a development generated throughout an average weekd ay. The applicant submitted a trip generation study that has been reviewed by the City’s Transportation Division. The trip generation study indicated that the project would result in approximately 298 daily trips and would generate more trips compared to t he existing commercial uses. Therefore, a traffic 263
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impact fee will be required and is conditioned as part of the project. The fee calculation would be finalized during the building permit plan check process and be paid prior to building permit issuance.
Lastly, CMMC Section 13 -275(a), specifies that “a traffic impact study shall be required for all development projects estimated by the Public Works Department to generate one hundred (100) or more vehicle trip ends during a peak hour.” The highest peak hou r trips in either the AM or PM are used to estimate the number of vehicular trips generated both in and out of a new or expanded development, known as vehicle trip-ends during a peak hour. The City’s Transportation Services staff determined that the proposed project would result in approximately 21 AM and 35 PM peak hour trips, and thus a traffic study was not required.
Fire and Emergency Access
Based on the Fire and Rescue Department’s review of the project, there does not appear to be any significant issues that would preclude the project from moving forward. The Department has evaluated the proposed development for compliance with fire safety s tandards, including access for emergency vehicles, water supply for firefighting, and the design of fire protection systems. All identified requirements will be incorporated during the building permit phase to ensure the project meets all applicable requirements of the California Fire Code.
GENERAL PLAN CONFORMANCE
To make a decision regarding the general plan conformance, the City Council must consider whether the proposed residential development is consistent with the goals, objectives, and policies of the General Plan. The includes evaluating that the project’s contribution to balance land use pattern, new housing opportunities, and compatibility with surrounding uses.
ZONING AND RESIDENTIAL INCENTIVE OVERLAY DISTRICT CONFORMANCE
The project site is currently zoned C2 – General Business District. This zoning permits a broad range of commercial uses.The applicant proposes a Zoning Code Amendment to rezone the site from C2 to the RIOD. This change aims to implement the General Plan's Residential Incentive Overlay designation and facilitate a residential development through a Master Plan.
FINDINGS
Pursuant to Title 13, Section 13 -29(g), Findings, of the Costa Mesa Municipal Code, in order for the City Council to make a decision on the project , it must determine whether the evidence presented in the administrative record substantially meets specified findings as follows.
General Plan Amendment (PGPA-24-0001)
According to Costa Mesa Municipal Code Section 13-29(g), there are no specific findings required for a General Plan Amendment. Such amendments are considered legislative actions and are subject to the discretion of the City Council. In this case, the proposed General Plan Amendment seeks to modify the Land Use Element's maps, figures, text, and tables to apply the RIOD designation to the subject property. The underlying land use designation of General Commercial would remain unchanged.
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such as a barbecue area, children’s pla y area, flex -use space, and proximity to an adjacent off -site passive recreation area. These features contribute to the City’s objective of expanding homeownership opportunities. The proje ct’s intensity is consistent with the purpose and intent of the RIOD and is designed to operate withing the capacity of existing public infrastructure.
Rezone
Pursuant to Title 13, Section 13-29(g)(11), Findings, of the CMMC, in order for the City Council to make a decision on the project, it must determine whether , the evidence presented in the administrative record substantially meets the following applicable required Rezone findings:
The proposed rezone is consistent with the Zoning Code and the general plan and any applicable specific plan.
Tentative Tract Map No. 19351
Pursuant to Title 13, Section 13-29(g)(13), Findings, of the CMMC, in order for the City Council to make a decision on the project, it must determine whether the evidence presented in the administrative record substantially meets the following applicable required Tentative Tract Map findings:
The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and this Zone Code. proposed rezone is consistent with this Zoning Code.
The proposed use of the subdivision is compatible with the general plan.
The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and general plan, and consideration of appropriate environmental information.
The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by California Government Code section 66473.1.
The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract.
The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13000).
Master Plan
Pursuant to Title 13, Section 13-29(g)(5), Findings, of the CMMC, in order for the City Council to make a decision on the project, it must determine whether the evidence presented in the administrative record substantially meets the following applicable required Master Plan findings:
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The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development.
Master plan findings for mixed -use develop ment projects in the mixed -use overlay district are identified in Chapter V, Article 11, mixed-use overlay district.
As applicable to affordable multi -family housing developments, the project complies with the maximum density standards allowed pursuant to the general plan and provides affordable housing to low or very -low income households, as defined by the California Department of Housing and Community Development. The project includes long-term affordability covenants in compliance with state law.
Master Plan for Residential Incentive Overlay District
Pursuant to Title 13, Section 13-83.63(c), Findings, of the CMMC, in order for the City Council to make a decision of the project, it must determine whether the evidence presented in the administrative record substantially meets the following applicable required Master Plan for Residential Incentive Overlay District findings:
The project is consistent with the General Plan and meets the purpose and intent of the residential incentive overlay district.
The project includes adequate resident-serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas.
The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, toxic emanations, and air pollution.
The proposed residences have adequate separation and screening from adjacent commercial uses through site planning considerations, structural features, landscaping, and perimeter walls.
Deviations from Residential Incentive Overlay District Development Standards
Pursuant to Title 13, Section 13-83.63(e), Findings, of the CMMC, in order for the City Council to make a decision on the project, it must determine whether the evidence presented in the administrative record substantially meets the following applicable required Deviation from Residential Incentive Overlay District Development Standards findings:
Strict interpretation and application of the overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of t he General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan.
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The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development.
The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
ENVIRONMENTAL DETERMINATION:
A Draft Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA). The MND examines the potential environmental impacts of the proposed project and focuses on the changes to the existing environment that would result from the proposed project. The MND examines all stages of the project, including construction and operation.
The MND evaluated the proposed project’s potential environmental impacts on various topics (e.g., air quality, aesthetics, hydrology and water quality, land use, etc.) and identified specific mitigation measures to lessen environmental impacts whenever feasible. In accordance with CEQA Guidelines section 15072 the Draft MND was made available for a public comment period beginning on April 1, 2025, and ending at 5:00 p.m. on April 30, 2025. Copies of the Initial Study, the proposed MND, and supporting materials were available for public review at City Hall and other public facilities including online.
MND Including Response to Comments
A total of two comments were received from public agencies, one from the California Department of Transportation and the other from Department of Toxic Substances Control. Copies of all comments received and responses to the comments are provided as an attachment to this staff report. The Final MND consists of the response to comments, errata and Mitigation Monitoring and Reporting Program (MMRP). The response to comments is responses to the public comments received during the public review period of the Draft MND. The errata makes minor changes to the Draft MND that do not affect the overall conclusions of the environmental document. The MMRP is a comprehensive list of all mitigation measures identified in the Draft MND.
Summary of Significant Environmental Impacts and Mitigation Measures
The MMRP lists the mitigation based on each environmental topic with mitigation measures required in order to reduce the project's potentially significant impacts. The MMRP also specifies which City department is responsible for monitoring and ensuring compliance with the mitigations. The MMRP also includes timing of when the mitigation measure applies e.g. prior to issuance of building permits, during ground disturbance activities, etc. The MMRP includes mitigation measures for environmental impacts that were found to be less than significant with mitigation incorporated for the following environmental factors identified in the Draft MND:
• Geology and Soils
• Cultural Resources
• Transportation
• Hazards and Hazardous Materials
• Tribal Cultural Resources
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ALTERNATIVES:
City Council alternatives include the following:
1. Deny the project. The City Council could accept the Planning Commission’s recommendation and deny the application, provide facts in support of denial, and direct staff to incorporate the findings into a Resolution. If the project is denied, the applicant could not submit substantially the same type of application for six months from the City Council’s decision for denial.
2. Approve the project. The City Council could elect to adopt the MND and approve the General Plan Amendment, Rezone, Master Plan, and Tentative Tract Map , subject to conditions of approval and findings, and give first reading to the Ordinance for the Rezone. A set of draft decisions documents are attached if the City Council elects this option.
3. Approval of the project with modifications. The City Council may suggest specific project changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the hearing could be continued to a future meeting to allow a redesign or additional analysis. Should significant modifications occur, staff would return with a revised resolution and/or ordinance incorporating new findings and/or conditions for consideration by the City Council.
FISCAL REVIEW:
The City anticipates the following fees: 1) approximately $553,160 for Park Development Impact Fees, or a rate of $13,829 per unit for the development of the 40 units; 2) estimated Traffic Impact Fee of $20,315; 3) an approximate Drainage Impact Fee of $31,568; The project would also require building permit fees of approximately $101,005 and building plan check fees of approximately $6,006.
LEGAL REVIEW:
The draft Resolutions and Ordinance and this report have been 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 are required to be 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 on Wednesday, June 25, 2025. The required notice radius is measured from the external boundaries of the property.
2. On-site posting. A public notice was posted on the street frontage of the project site on Wednesday, July 2, 2025.
3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper on Sunday, June 22, 2025.
Any public comments received for the July 15, 2025 City Council meeting, may be viewed at this link:
CITY OF COSTA MESA - Calendar (legistar.com)
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CITY COUNCIL GOALS AND PRIORITIES:
This item supports the City Council Goals to “Diversify, stabilize and increase housing to reflect community needs”.
CONCLUSION:
Approval of the project would facilitate the development of 40 new for -sale condominium units, expanding homeownership opportunities and contributing to the City’s market -rate housing supply in alignment with the goals of the General Plan and Housing Element. The applicant has incorporated City Council feedback provided during the screening process, and the proposed development is consistent with the General Plan, Zoning Code, State L aw, and all necessary findings can be made.
The site is adequately served by existing infrastructure and falls within a Measure K corridor, which encourages new housing in commercial and industrial zones while preserving the character of existing residential neighborhoods. The residential use is compatible with surrounding land uses and is not anticipated to conflict with existing or future development. Inclusion of this site in the RIOD zone would provide a clear and flexible regulatory path to accommodate the proposed infill housing project without reliance on variances. The overlay is a deliberate planning tool designed to unlock housing potential along key corridors like Newport Boulevard, consistent with the City’s long-term land use and housing strategies. While staff initially recommended approval of the project based on its consistency with applicable standards and General plan, the Planning Commission ultimately recommended denial. As City Council is the final review authority, it may consider the Commission’s recommendation along with the staff analysis in determining whether to deny, approve,or approve the project with modifications.
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Resolution No. 2025-xx Page 1 of 12
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, DENYING A GENERAL PLAN AMENDMENT
(PGPA-24-0001), MASTER PLAN (PMAP -24-0002), A ND
TENTATIVE TRACT MAP NO. 19351 FOR THE
DEVELOPMENT OF 40 RESIDENTIAL CONDOMINIUM UNITS
LOCATED AT 220, 222, 234, and 236 VICTORIA STREET
(“VICTORIA PLACE”)
T
HE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA FINDS AND DECLARES AS FOLLOWS:
WHEREAS, a General Plan Amendment, Rezone, Tentative Tract Map, and Master Plan, was filed by Bundy-Finkel Architects, on behalf of WMC, LLC, requesting approval of the following: General Plan Amendment, Rezone, Master Plan, and Tentative Tract Map to facilitate the development of a 40-unit residential common interest development project located at 220, 222, 234, and 236 Victoria Street;
WHEREAS, pursuant to Costa Mesa Municipal Code (CMMC) Section 13-83.63(a) and City Council Policy 500- 2, a project screening is required for all residential development proposals within the RIOD, as well as for any privately-initiated General Plan Amendment;
WHEREAS, a screening provides awareness of the application to the community and gives the City Council an opportunity to offer comments on the merits and appropriateness of the proposed development before the applicant submits the formal planning application(s);
WHEREAS, a screening for General Plan Amendment (PSCR-24-0001) and RIOD was conducted by the City Council August 6, 2024, pursuant to the requirements of the CMMC Section 13-83.63(a) and City Council Policy 500-2; WHEREAS, a General Plan Amendment is required to modify the Land Use Element’s maps, figures, text and tables to apply a RIOD zoning designation to the subject property, as the site currently has a land use designation of General Commercial, which does not allow residential development;
WHEREAS, General Plan Amendment (PGPA -24-0001) requested, the following revisions to the Land Use Element;
ATTACHMENT 1
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Resolution No. 2025-xx Page 2 of 12
1. Figure LU-3 – apply the RIOD designation to the project site, without changing the underlying General Commercial land use designation
2. Figure LU-9 – amend text apply the RIOD designation to the project site
3. Table LU-16 – update the Newport Boulevard RIOD Density Column to 117 units and total combined units to 478 units and remove the Floor Area Ratio section as FAR no longer applies to the RIOD
4. Figure LU -11: Residential Incentive Overlay: Newport Boulevard by revising exhibits to show the RIOD designation to the project site and revising allowable maximum residential units to 117 units and removing commercial square footage
WHEREAS, based on the proposed General Plan Amendment, a Rezone is requested to establish consistency between the General Plan and Zoning Code and apply the RIOD zoning designation to the subject project site, currently zoned C2 – General Business District, to facilitate the residential development while maintaining the underlying commercial zoning;
WHEREAS, the Master Plan (PMAP-24-0002) proposes a 40-unit residential development and is consistent with and meets the objectives of the General Plan as market-rate housing is encouraged and is compatible with the existing commercial and residential uses nearby;
WHEREAS,
the applicant proposes to deviate from the following development standards: increased floor area ratio; reduced common use open space; increased building height; reduce side setback; reduced rear setback; omit landscape parkways; reduced parking; reduced garage space; and reduced parking space next to buildings; WHEREAS, Tentative Tract Map No. 19351 is a request to subdivide the property for future individual ownerships through the condominium subdivisions process; WHEREAS, a duly-noticed public hearing was held by the Planning Commission on June 9, 2025 with all persons having the opportunity to speak for and against the proposal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring and Reporting Program was prepared in compliance with CEQA and the local environmental review guidelines;
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Resolution No. 2025-xx Page 3 of 12
WHEREAS, on June 9, 2025, the Planning Commission recommended denial of the proposed project (in a vote 5-2), expressing concerns related to the project’s reliance on deviations from development standards, its use of the residential overlay zoning district mechanism, and pedestrian safety;
NOW, THEREFORE , based on the evidence in the record and the findings contained in Exhibit B,the City Council hereby RESOLVES as follows:
1. Deny General Plan Amendment PGPA -24-0001 to modify the Land Use Element’s maps, figures, text and tables to apply a RIOD zoning designation to the subject property, as the site currently has a land use designation of General Commercial, which does not allow residential development; and
2. Deny Master Plan PMAP-24-0002 for a 40-unit residential common interest development; and
3. Deny Tentative Tract Map No. 19351 to subdivide the properties for condominium purposes.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine that the adoption of this Resolution is based on the findings that the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Rezone, Master Plan and Tentative Tract Map , as described in the staff report, are not consistent with the applicable provisions of the General Plan and Municipal Code, and therefore, the project is denied.
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.
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Resolution No. 2025-xx Page 4 of 12
PASSED AND ADOPTED this 15th day of July, 2025.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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. 2025-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15
th day of July, 2025, 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 15
th day of July, 2025.
___________________________
Brenda Green, City Clerk
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Resolution No. 2025-xx Page 5 of 12
EXHIBIT A
GENERAL PLAN AMENDMENT PGPA-24-0001
Amendment to Land Use Map (Figure LU-3)
Update Land Use Map by applying the Residential Incentive Overlay District designation to the project site, without changing the underlying General Commercial land use designation:
Residential Incentive Overlay (30 du/ac)
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Resolution No. 2025-xx Page 6 of 12
Amendment to Overlays and Urban Plans (Figure LU-9)
Update Figure LU-9: Overlays and Urban Plans by applying the Residential Incentive Overlay District designation to the project site, without changing the underlying zone:
Residential Incentive Overlay (30 du/ac)
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Resolution No. 2025-xx Page 7 of 12
Amendment to Residential Incentive Overlay (Table LU-16)
Update Table LU-16: Residential Incentive Overlay by updating the Newport Boulevard Residential Incentive Overlay Density Column to 117 units and total combined units to 478 units and remove the Floor-Area Ratio (FAR) calculation as FAR no longer applies to the RIOD:
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Resolution No. 2025-xx Page 8 of 12
Amendment to Residential Incentive Overlay: Newport Boulevard (Figure LU-11)
Update Figure LU-11: Residential Incentive Overlay: Newport Boulevard by revising exhibits to show the Residential Incentive Overlay designation to the project site and revising allowable maximum residential units to 117 units and removing commercial square footage.
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Resolution No. 2025-xx Page 9 of 12
EXHIBIT B
FINDINGS
A. General Plan Amendment (PGPA-24-0001)
According to Costa Mesa Municipal Code Section 13- 29(g), there are no specific findings required for a General Plan Amendment. Such amendments are considered legislative actions and are subject to the discretion of the City Council. In this case, the proposed General Plan Amendment seeks to modify the Land Use Element's maps, figures, text, and tables to apply the Residential Incentive Overlay District (RIOD) designation to the subject property. The underlying land use designation of General Commercial would remain unchanged.
B.
The proposed project does not comply with Costa Mesa Municipal Code Section 13- 29(g)(11) “Rezone Findings” because:
Finding: The proposed rezone is consistent with the Zoning Code and the general plan and any applicable specific plan.
Facts in Support of Finding:
C.
The proposed project does not comply with Costa Mesa Municipal Code Section 13- 29(g)(13) – “Tentative Tract Map Findings” because:
Finding: The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and this Zone Code. proposed rezone is consistent with this Zoning Code.
Facts in Support of Finding:
Finding: The proposed use of the subdivision is compatible with the general plan.
Facts in Support of Finding:
Finding: The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and general plan, and consideration of appropriate environmental information.
Facts in Support of Finding:
Finding: The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code section 66473.1
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Resolution No. 2025-xx Page 10 of 12
Facts in Support of Finding:
Finding: The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights -of- way and/or easements within the tract.
Facts in Support of Finding:
Finding: The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13000).
Facts in Support of Finding:
The proposed project does not comply with Costa Mesa Municipal Code Section 13- 29(g)(5) – “Master Plan Findings” because:
Finding: The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development.
Facts in Support of Finding:
Finding: Master plan findings for mixed- use development projects in the mixed-use overlay district are identified in Chapter V, Article 11, mixed -use overlay district.
Facts in Support of Finding:
Finding: As applicable to affordable multi -family housing developments, the project complies with the maximum density standards allowed pursuant to the general plan and provides affordable housing to low or very -low income households, as defined by the California Department of Housing and Community Development. The project includes long- term affordability covenants in compliance with state law.
Facts in Support of Finding:
The proposed project does not comply with Title 13, Section 13-83.63(c) of the Costa Mesa Municipal Code “ Master Plan for Residential Incentive Overlay District Findings” because:
Finding: The project is consistent with the General Plan and meets the purpose and intent of the residential incentive overlay district. 279
Resolution No. 2025-xx Page 11 of 12
D.
Facts in Support of Finding:
Finding: The project includes adequate resident -serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas.
Facts in Support of Finding:
Finding: The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, toxic emanations, and air pollution.
Facts in Support of Finding:
Finding: The proposed residences have adequate separation and screening from adjacent commercial uses through site planning considerations, structural features, landscaping, and perimeter walls.
Facts in Support of Finding:
The proposed project does not comply with Title 13, Section 13-83.63(e) of the Costa Mesa Municipal Code “Deviation from Residential Incentive Overlay District Standards Findings” because:
Finding: Strict interpretation and application of the overlay district’s development standards would result in practical difficulty inconsistent with the purpose and intent of the General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan.
Facts in Support of Finding:
Finding: The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development.
Facts in Support of Finding:
Finding: The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding:
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Resolution No. 2025-xx Page 12 of 12
281
December 26, 2024
Planni
ng Department
City of Costa
Mesa 77 Fair
Drive
Costa Mesa, CA 92626
Subject: Request for Approval and Justification of Deviation for Master -Planned Residential Community on Victoria Place
To Whom
It May Concern:
On behalf of
WMC, LLC Partners, we respectfully submit this detailed application for the approval of a transformative development project located on approximately 1.78 acres of land along Victoria Place, within the City of Costa Mesa. The purpose of this application is to seek approval not only for the proposed Master -Planned Residential Community but also for specific deviations from the Residential Incentive Overlay District (RIOD) standards, which, if granted, will facilitate a project that more fully realizes the City’s goals as outlined in the General Plan.
This new Residential Common Interest Development project represents a high- caliber residential community, designed to replace a blighted and underutilized commercial site with a sustainable, upscale, and cohesive neighborhood that integrates seamlessly with Costa Mesa’s forward -thinking housing policies. Our proposed development aligns with the City's broader housing objectives by contributing much- needed residential units, providing energy - efficient, contemporary living spaces, and enhancing neighborhood aesthetics and quality of life.
Project Overview and Vision :
The proposed community comprises 40 three- story, single- family residences, each incorporating ground- floor office spaces to meet the modern demand for flexible, remote work environments. The homes are designed to provide 2,200 to 2,300 square feet of living space, merging form and function with thoughtfully appointed interiors, state- of -the- art appliances, and smart -home technologies. The community’s layout includes 18 duplex units situated within the development’s interior and four individual units facing Victoria Place.
Each
residence will feature ground- level fenced yards, multiple balconies, and spacious rooftop decks, ensuring a balance of privacy and outdoor space while enhancing the community’s overall appeal.
Site Conditions and Transformation Plan :
The site currently includes deteriorated retail structures and storage yards, which detract from the neighborhood's potential. By developing this blighted property into a secure, gated residential community, we are committed to improving both the visual and practical aspects of the neighborhood. This development is designed with an emphasis on sustainability, employing materials and energy systems intended to reduce environmental impact, which will contribute to both the residents’ quality of life and the C ity’s long -term environmental goals.
The proposed community will also support the City’s urban development plan by fostering a ATTACHMENT 2
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Victoria Place
Applicant Letter
safe, modern, and family -friendly neighborhood. The project’s contemporary design, coupled with elements of timeless architectural elegance, will ensure the community remains an attractive residential choice for future generations, enhancing Costa Mesa’s r esidential profile.
Strategic Location and Accessibility:
Strategically located near major shopping centers, the Back Bay, the Costa Mesa Fairgrounds, Orange County Airport, and multiple freeway connections, this community provides residents with convenient access to a range of urban and recreational amenities.
The project’s unique combination of accessibility and high- quality design positions it as a distinguished development that enhances connectivity to Costa Mesa and the broader region while offering a premium living experience.
Zoning Compliance and Deviation Requests:
To achieve the City’s residential growth targets, this project includes deviations from certain RIOD requirements, detailed below. These deviations are essential to maximize the development’s potential and to create a residential space that aligns with Cos ta Mesa’s housing, density, and community goals as outlined in the General Plan.
See Exhibit A for additional information on proposed deviations .
Parking :
RIOD Standard :
Required Provided
Covered Parking 40 spaces 80 garage spaces
Open Parking 90 spaces 23 spaces
Guest Parking 20 spaces 18 spaces
Total: 150 spaces 103 spaces
Parking Deficit : 47 spaces
While the proposal includes a parking shortfall, we anticipate that our two- car garages, combined with strategically distributed guest parking, will adequately address the parking needs of residents and their visitors. The provision of ground- floor office spaces within each unit further suggests a reduced reliance on off -s treet parking, as residents will have dedicated workspaces at home.
The project also is within one- half mile of a High -Quality Transit Corridor as defined by the city , and therefore has a reduced parking demand due to easy access to public transit.
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Victoria Place
Applicant Letter
Open Space:
Type of Open Space RIOD Requirement - Proposed Solution :
Required Provided
Total Lot Area: 77,101 sq. ft. (1.77 acres)
Minimum Open Space: 30,840 sq. ft. (40% of total site) 32, 437 sq. ft.
Common Use Open Space: 15,420 sq. ft. (50% of min.) 9,817 sq. ft.
Private Use Open Space : Not specified 22,620 sq. ft.
The proposed development provides a total of 32, 437 square feet of open space, exceeding the minimum requirement of 30,840 square feet. This open space includes thoughtfully designed communal amenities such as a barbecue area, a children’s play area, a Flexible- Use Space, and an off -site park, all of which enhance the quality and appeal of the project.
Additionally, the private open spaces —including individual yards, balconies, and roof decks —offer a total of 22,620 square feet, significantly surpassing common space requirements and ensuring ample opportunities for private enjoyment by residents.
The Flexible- Use Space is designed to serve as a large communal area for a variety of gatherings, including barbecues, mixers, holiday events, and other community -building activities, providing an enjoyable space for residents of all ages. Additionally, the new public off -site landscaped area on Victoria Place will feature over 5,500 square feet of landscaped area, benefiting not only the residents of this community but also those in the surrounding neighborhood. The park has been thoughtfully designed with seating areas, shade trees, lush landscaping, a bioswale, and other amenities, creating an inviting and functional addition to the streetscape along Victoria Street.
Building Setbacks Compliance and Proposed Deviations:
Based on the site’s commercial zoning designation and the existing conditions along Victoria Street, the proposed setback deficiencies align with the established character of the surrounding area. Several nearby residential properties have setbacks closer to the street and side property lines than those proposed for this project. Therefore, the proposed setback is consistent with the development pattern in the City of Costa Mesa, particularly along Victoria Street, and is not expected to result in any adver se impacts on the neighborhood.
Justification for Requested Deviations
The strict application of RIOD standards would hinder this project’s ability to achieve the intended number of units, which is a fundamental objective of Costa Mesa’s General Plan. The City’s General Plan specifically advocates for increased housing to address local demand, and adhering rigidly to the RIOD standards would result in a reduction of units, thereby undermining this goal.
The deviations requested in this application represent measured and necessary adjustments that enhance the community’s design and functionality. Approving these adjustments will not only support the General Plan’s intent to increase residential capacity but will also replace an area of urban blight with a thoughtfully planned residential environment. This development will revitalize the area along Victoria Place, -3-
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Applicant Letter
encouraging further redevelopment and economic growth in this underutilized corridor.
Community and Municipal Benefits :
Approving the requested deviations will enable a project that exemplifies excellence in site planning, architectural design, and community integration. This development prioritizes livability, security, and sustainability, aligning with Costa Mesa’s commit ment to public health, welfare, and environmental responsibility. The proposal upholds compatibility standards for residential developments, providing a model for future projects that seek to contribute positively to the City’s urban landscape.
Conclusion :
We respectfully request that the City of Costa Mesa approve the proposed zoning adjustments and deviation requests, allowing us to proceed with a project that enhances the City’s housing stock, addresses its General Plan objectives, and contributes to the economic and aesthetic revitalization of Victoria Place. We are committed to collaborating with the Planning Department and the City Council and Planning Commission to ensure this project fully aligns with Costa Mesa’s vision for sustainable, high- quality urban growth.
We look forward to discussing this application in further detail at the Planning Commission hearing and to working in close coordination with City Staff to bring this transformative development to fruition. Please do not hesitate to reach out for further clarification on any aspect of this proposal.
Thank you for your attention and consideration of this proposal.
Sincerely,
Tony Weeda
WMC, LLC
Partners
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Victoria Place
Applicant Letter
DEVELOPMENT STANDARD CODE REQUIRED PROVIDED MEETS CODE
GENERAL REQUIREMENTS:
RIOD 0.5 ACRES 1. 77 AC. YES
RCID N/A N/A N /A
RIOD 30 UNITS PER ACRE 22.6 UNITS PER ACRE YE S
RCID N/ A N/ A N /A
RIOD N/ A N/ A N /A
RCID 0.75 1.43 NO1
RIOD 3 STORIES 3 STORIES / 39 FT 6 IN YE S
RCID 2 STORIES / 27 FT. 3 S TORIES / 39 FT 6 IN NO1
OPEN SPACE:
RIOD 40% SITE AREA = 30,840 S.F. 34,578 S.F. (42%) YE S RCID 40% SITE AREA = 30,840 S.F. 34,578 S.F. (42%) YE S RIOD 40% SITE AREA = 30,840 S.F. 34,578 S.F. (42%) YE S RCID
COMMON OPEN SPACE AREAS SHALL BE
DESIGNED AND LOCATED WITHIN THE
DE
VELOPMENT TO ALLOW MAXIMUM USE
BY ALL RESIDENTS
BBQ/PLAY AREA CENTRALLY
LOCATED AND FLEX SPACE YE S
RIOD
PRIVATE DECKS OR PATIOS - MIN. 100 S.F.
WITH NO DIMENSION LESS THAN 5 FT.
(4
,000 S.F.)
ROOF DECKS (9,175 SF) YES
RCID
AN ADJOINING PATIO REQUIRED WITH NO
DIMENSION LESS THAN 10 FT. ROOF DECKS (9,175 SF) NO1
SETBACKS:
RIOD 20 FT. 20 FT. YE S
RCID 20 FT. 20 FT. YES
RIOD 20 FT. 7 FT. 6 IN. NO1
RCID 5 FT. 7 F T. 6 IN. YES
RIOD 20 FT. 11 FT. 3 IN. NO1
RCID
20 FT. FOR 2-STORY STRUCTURES IN R2-
MD AND R2-HD ZONES; 15 FT. FOR 2-
ST
ORY STRUCTURES IN R-3 ZONE; 10 FT.
FOR ONE-STORY STRUCTURES
11 FT. 3 IN. N.A3
LANDSCAPE PARKWAY
(INTERIOR PRIVATE STREETS
OR CO
MMON DRIVEWAYS)
RIOD COMBINED 10 FT. WIDE; NO LESS THAN 3
FT. ON ONE SIDE NONE NO1
LANDSCAPE PARKWAY
(INTERIOR PRIVATE STREETS
OR CO
MMON DRIVEWAYS)
RCID
COMBINED 10 FT. WIDE, NO LESS THAN 3
FT. ON ONE SIDE. PARKWAY ON HOUSE
SI
DE OF PRIVATE STREET OR COMMON
DRIVEWAY SHALL BE A MIN. OF 5 FT. WIDE
NONE NO1
PRIVATE
OPEN SPACE
MAXIMUM
BUILDING HEIGHT
FRONT
(VICTORIA PLACE)
SIDE (EAST/WEST)
REAR (NORTH)
MINIMUM LOT SIZE
MAXIMUM DENSITY
F.A.R.
MINIMUM
OPEN SPACE
COMMON USE
OPEN SPACE
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Victoria Place
Applicant Letter
DEVELOPMENT STANDARD CODE REQUIRED PROVIDED MEETS CODE
PARKING:
RESIDENTIAL TENANT COVERED PARKING
(3 BEDROOMS)
1 SPACE x 40 UNITS
= 40 SPACES
RESIDENTIAL TENANT COVERED PARKING
(2 BEDROOMS)
2.25 SPACES x 40 UNITS
= 90 SPACES
RESIDENTIAL GUEST PARKING 0.5 SPACES x 40 UNITS
= 20 SPACES
TOTAL: 150 SPACES3 103 SPACES NO1
RIOD N/A N/A
RCID EACH UNIT PROVIDES 200 CU.FT OF
SECURABLE STORAGE EXTERIOR TO
UNIT
OR WITHIN GARAGE/CARPORT
390 CU. FT. YES
SUMMARY OF DEVIATIONS:
STORAGE
PARKING:
9. PARKING STALLS BETWEEN BUILDINGS: A DEVIATION IS NEEDED FOR THE 10 FT. 6 IN. SPACE REQUIREMENT BETWEEN BUILDINGS AS SOME STALLS (OPEN OR CARP
ORT) DO NOT MEET THIS STANDARD.
1 DEVELOPMENT STANDARD DEVIATIONS ARE ALLOWED THROUGH A MASTER PLAN APPROVAL PROCESS 2 THE DEVELOPMENT IS COMPRISED OF 3-STORY RESIDENTIAL UNITS AND IS NOT LOCATED WITHIN THE R2-MD, R2-HD, OR R-3 ZONE, THEREFORE, HAS NO REAR SETBACK 3 T
ENANT OPEN PARKING CAN BE REDUCED BY 0.25 SPACE FOR 1-BEDROOM AND LARGER UNITS IF THE COVERED PARKING IS PROVIDED WITHIN EITHER A CARPORT OR PARKING STRUCTURE; THEREFORE, CALCULATION INCLUDES A 0.25 REDUCTION
1. FLOOR AREA RATIO (FAR): THE RCID ALLOWS A MAXIMUM FAR OF 0.75, HOWEVER, THE PROJECT EXCEEDS THIS AT 1.43. THE PROJECT COMPLES WITH THE RIOD DENS
ITY STANDARD OF 30 DU/ACRE, PROPOSING 22.6 DU/ACRE.
2. COMMON USE OPEN SPACE: THE PROJECT PROPOSES 32% OPEN SPACE INSTEAD OF THE REQUIRED 50% UNDER RIOD STANDARDS, THEREBY NECESSITATING A DE
VIATION.
3. BUILDING HEIGHT THE RCID LIMITS BUILDING HEIGHT TO TWO STORIES, HOWEVER, THE PROJECT COMPLIES WITH THE RIOD'S ALLOWANCE OF THREE STORIES.
4. SIDE SETBACK: THE PROJECT MEETS THE RCID SIDE SETBACK OF 5 FT., HOWEVER, DEVIATES FROM RIOD REQUIREMENT OF 20 FT.
5. REAR SETBACK: THE PROJECT DOES NOT COMPLY WITH RCID REAR SETBACK STANDARDS AND DEVIATES FROM THE RIOD 20 FT. STANDARD AS THE DE
VELOPMENT CONSISTS OF THREE-STORY RESIDENTIAL UNITS AND IS OUTSIDE THE RS-MD, RS-HD AND R-3 ZONES.
6. LANDSCAPE PARKWAY: A DEVIATION IS REQUIRED AS THE LANDSCAPE PARKWAY ON COMMON DRIVEWAYS IS OMITTED TO PRESERVE UNIT COUNT AND OPTIMIZE DR
IVE-AILSE FUNCTIONALITY. THE PROJECT MAINTAINS DESIGN EXCELLENCE WITH AMPLE LANDSCAPE AND INTEGRATED AMENITIES.
8. MINIMUM PARKING REQUIREMENTS: A DEVIATION FROM THE REQUIRED PARKING STANDARDS IS PROPOSED TO ALIGN WITH THE PROJECT DESIGN AND UNIT NE
EDS.
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Legend
City Limit
Streets
Addresses
Silver
²
0 0.05 0.10.03
mi
The City of Costa Mesa makes no guarantee as to the accuracy of any of the information pro
vided and assumes no liability for any errors, omissions, or inaccuracies.
WGS 1984 Web Mercator Auxiliary Sphere
© City of Costa Mesa
Vicinity Map
PROJECT SITE
ATTACHMENT 3
288
Legend
City Limit
Streets
Addresses
Silver
Zoning
AP - Administrative
Professional
IR-MLT - Institutional
Recreational Mul
ti-Use
R1 - Single-Family
Residential
R2-MD - Multiple-
Family R
esidential,
Medium Density
R2-HD - Multiple-
Family R
esidential,
High Density
R3 - Multiple Family
Residential
MG - General Industrial
MP - Industrial Park
PDI - Planned
Development Industrial
C1 - Local Business
C2 - General Business
C1-S - Shopping
Center
TC - Town Center
PDR-NCM - Planned
Development
Residential - North
Costa Mesa
I&R - Institutional
Recreactional
I&R-S - Institutional
Recreational - S
chool
P - Parking
²
0 0.05 0.10.03
mi
The City of Costa Mesa makes no guarantee as to the accuracy of any of the information pro
vided and assumes no liability for any errors, omissions, or inaccuracies.
WGS 1984 Web Mercator Auxiliary Sphere
© City of Costa Mesa
Zoning Map
PROJECT SITE
ATTACHMENT 4
289
Legend
City Limit
Streets
Addresses
Silver
Land Use
Low Density
Residential
Medium Density
Residential
High Density
Residential
Commercial Residential
General Commercial
Commercial Center
Neighborhood
Commercial
Regional Commercial
Urban Center
Commercial
Cultural Arts Center
Light Industry
Industrail Park
Golf Course
Fairgrounds
Public/Institutional
²
0 0.05 0.10.03
mi
The City of Costa Mesa makes no guarantee as to the accuracy of any of the information pr
ovided and assumes no liability for any errors, omissions, or inaccuracies.
WGS 1984 Web Mercator Auxiliary Sphere
© City of Costa Mesa
Land Use Map
PROJECT SITE
ATTACHMENT 5
290
“Improving lives and communities through transportation.” DISTRICT 12
1750 East 4 th Street, Suite 100 | SANTA ANA, CA 92705 (657) 328-6000 | FAX (657) 328-6522 TTY 711
https://dot.ca.gov/caltrans-near-me/district-12
April 28, 2025
Mr. Victor Mendez File: LDR/CEQA
City of Costa Mesa SCH# 2025031168
778 Fair Drive LDR LOG #2025-02783
Costa Mesa, CA 92626 SR-55
Dear Mr. Mendez,
Thank you for including the California Department of Transportation (Caltrans) in the review of the Initial Study for a Mitigated Negative Declaration for the proposed Victoria Place Project. The project proposes to develop a 40-unit residential common interest development community comprising of 18 duplexes and four detached units fronting Victoria Place. The 76,923-square foot lot area (or approximately 1.77 acres) would be developed with 18 duplexes, or 36 units, with a square footage of 2,751 square feet per unit (which includes 425-square feet of space available for a home office on the ground floor). The project would also construct four detached units. The four detached, situated along Victoria Place, would have a square footage of 2,751- square feet per unit (which includes 427 square feet of space available for a home office on the ground floor). Proposed utility connections, landscaping improvements, and circulation improvements would also be installed. Proposed City entitlements include General Plan Amendment (PGPA-24-0001), a Zoning Code Amendment, Tentative Tract Map (TTM No. 19351), and a Master Plan. The project site is approximately 1.77 acres and is located at 220, 222, 234, and 236 Victoria Street in the southern portion of the City of Costa Mesa and the nearest state facility is SR-55.
The mission of Caltrans is Improving lives and communities through transportation.
Caltrans is a responsible agency on this project and has the following comments:
1. The project scope includes new sidewalks along the project frontage at Victoria Place, which would allow pedestrian access to the project. However, the project’s Conceptual Site Plan (Exhibit 2-30), does not show any designated pedestrian walkways to each unit. This may create vehicle-pedestrian conflict. If feasible, consider adding pedestrian walkways to each unit.
ATTACHMENT 6
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291
Mr. Victor Mendez
April 28, 2025
“Improving lives and communities through transportation.”
2. The project is increasing the number of residential units in the area. This may increase pedestrian activity in the area. To enhance pedestrian safety and connectivity to the Downtown/Triangle District, consider installing high visibility crosswalks at the intersection of Victoria Place/Newport Boulevard and Victoria Place/Victoria Street.
3. During construction, please ensure that appropriate detours and safety measures are in place to prioritize the mobility, access, and safety of bicyclists, pedestrians, and transit users. If adjacent sidewalks or bike lanes need to be closed during construction, please ensure that closures and detours are clearly signed.
4. On page 4.17-1 of the IS/MND, Caltrans looks forward to City’s further discussion about existing transit services for all on local, intercounty and regional bus services, including the connectivity to rail services from the nearest train stations, provided by Metrolink and/or Amtrak Pacific Surfliner.
5. Provide discussion about the City’s multimodal mobility strategies and opportunities to connect and/or expand transit services locally and regionally such as continuous coordination with OCTA.
6. Encourage the use of transit among future residents, visitors, and workers of the proposed areas of developments. Increasing multimodal transportation will lead in a reduction to congestion, Vehicle Miles Traveled and improve air quality.
7. Any work performed within Caltrans right-of-way (R/W) will require discretionary review and approval by Caltrans and an encroachment permit will be required for any work within the Caltrans R/W prior to construction. Prior to submitting to Caltrans Permit’s branch, applicant should fill out Applicant’s Checklist to Determine Applicable Review Process (QMAP List) Form TR-0416 to determine if project oversight/coordination with Caltrans Project Manager is needed. If coordination is not required, please submit an encroachment permit application package (EPAP) through the Caltrans Encroachment Permit System (CEPS - https://ceps.dot.ca.gov/). EPAP should include application, PE signed and stamped site-specific traffic control plan, insurance, letter of authorizations as needed, and any other relevant documents. EPAP should be submitted as early as possible to avoid any delays.
-2-
292
Mr. Victor Mendez
April 28, 2025
“Improving lives and communities through transportation.”
8. Project plans and traffic control plans must be stamped and signed by a licensed engineer. For all plans, including traffic control plans, Caltrans R/W lines should be clearly labeled, which includes existing and proposed (if there are any changes to Caltrans R/W), the north arrow, the edge of pavement, and edge of the sidewalk, if applicable. When submitting the application, please include final Environmental Clearance Documentation, relevant design details including design exception approvals and construction and drainage plans, traffic control plans, traffic management plan and traffic impact study if proposed traffic delay of 30 minutes above normal recurring traffic delay is anticipated, any Caltrans R/W certifications if needed, maintenance agreement as needed, shoring plans for any excavation 5-feet or more, ADA certification, and any letter of authorizations.
Please continue to coordinate with Caltrans for any future developments that could potentially impact State transportation facilities. If you have any questions, please do not hesitate to contact Maryam Molavi, at [email protected].
Sincerely,
Scott Shelley
Branch Chief – Local Development Review/Climate Change/Transit Grants District 12
-3-
293
dtsc.ca.gov
SENT VIA ELECTRONIC MAIL
April 3, 2024
Victor Mendez
Senior Planner
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR VICTORIA PLACE PROJECT DATED MARCH 26, 2025, STATE CLEARINGHOUSE NUMBER 2025031168 Dear Victor Mendez,
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for the Victoria Place Project (Project). The Project proposes to develop a 40-unit residential development community comprising of 18 duplexes and four detached units. The 76,923-square foot lot area would be developed with 18 duplexes, or 36 units. The Project would also construct four detached units. Proposed City entitlements include a General Plan Amendment (24-0001), a Zoning Code Amendment, Tentative Tract Map (No. 19351), and a Master Plan.
DTSC recommends and requests consideration of the following comments:
1. The Phase II Environmental Site Assessment indicated if the use of the property is changed to more sensitive uses such as residential, care stations, schools or childcare, further subsurface soil and soil gas investigations and health risk assessments may be required. Mitigation Measure HAZ-1 stated a Soil Management Plan (SMP) will be prepared and implemented during earthwork redevelopment activities in case soil impacts are encountered during grading and excavation activities. As part of this SMP, any on-site -4-
294
Victor Mendez
April 3, 2025
contaminated soils, including soils that could potentially be imported to the site, would be assessed to confirm that they are handled in compliance with all applicable regulatory guidance. DTSC does not recommend a SMP be used as a primary cleanup plan.
DTSC recommends that any potential contamination be fully characterized and then remediated under the oversight of a self-certified local agency, DTSC or a Regional Water Quality Control Board as a SMP alone cannot sufficiently identify and document the potential contaminants that may pose a threat to human health and the environment. DTSC recommends that a cleanup plan, a Removal Action Workplan or Remedial Action Plan, be prepared to adequately address all site impacts after complete characterization. If entering into one of DTSC’s cleanup plans such as a voluntary agreement, please note that DTSC uses a single standard Request for Lead Agency Oversight Application for all agreement types. Please apply for DTSC oversight using this link: Request for Agency Oversight Application.
Submittal of the online application includes an agreement to pay costs incurred during agreement preparation. If you have any questions about the application portal, please contact your Regional Brownfield Coordinator.
2. DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual.
Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.
-5-
295
Victor Mendez
April 3, 2025
DTSC appreciates the opportunity to comment on the DEIR for Victoria Place Project.
Thank you for assisting in protecting California’s people and the environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via CEQA Review email for additional guidance.
Sincerely,
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
-6-
296
Victor Mendez
April 3, 2025
cc: (via email)
Governor’s Office of Land Use and Climate Innovation
State Clearinghouse
[email protected]
Kristen Bogue
Project Manager
Michael Baker International
[email protected]
Tony Weeda
Project Applicant
WMC LLC
[email protected]
Tamara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
-7-
297
222 VICTORIA STREET
COSTA MESA, CA 92627
VICTORIA PLACE
CITY COUNCIL SUBMITTAL
Sheet Index:
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6F A X
1120 B R I S T O L S T R E E T S T E 1 2 0
C O S T A M E S A C A 9 2 6 2 6
BUNDY-FINKELArchitects
06-24-25
CITY COUNCIL SUBMITTALVICTORIA PLACE 06-24-25
Deferred Submittals:
·Fire Alarm System
·Fire Sprinklers
COVER
1 of 1TOPOGRAPHY MAP
1 of 1CONCEPTUAL GRADING & UTILITY PLAN
1 of 1TENTATIVE TRACT MAP
1 of 1WATER QUALITY MANAGEMENT PLAN
1 of 1WATER IMPROVEMENT PLAN
1 of 1HYDROLOGY MAP
1 of 1SIDEWALK EXTENSION EXHIBIT
1 of 1CONSTRUCTION MANAGEMENT PLAN EXHIBIT
A0.1SITE PHOTOS
A1.1SITE PLAN
A1.2WASTE MANAGEMENT PLAN
A2.1FLOOR PLAN - TYPICAL DUPLEX UNIT
A2.2FLOOR PLAN - TYPICAL DETACHED UNIT
A3.1OVERALL ELEVATIONS
A3.2VICTORIA PLACE - STREET ELEVATIONS
A3.3TYPICAL DETACHED UNIT ELEVATIONS
A3.4TYPICAL DUPLEX UNIT ELEVATIONS
A4.13D IMAGES
L1.00PLANTING PLAN
L1.01SCHEMATIC IRRIGATION PLAN (DETAIL)
L1.02PLANT SCHEDULES
L2.00SCHEMATIC IRRIGATIOIN PLAN (OVERALL)
ATTACHMENT 7
298
299
300
301
302
303
304
305
306
SITE PHOTOS
A0.1
Key Plan
SHEET TITLE
SHEET
STAMP
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6F A X
1120 B R I S T O L S T R E E T S T E 1 2 0
C O S T A M E S A C A 9 2 6 2 6
BUNDY-FINKELArchitects
VICTORIA
PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
1 2
43 5 6
307
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
SITE PLAN
A1.1
308
VICTORIA STREET
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
WASTE
MANAGEMENT
PLAN
A1.2
ENLARGED PLAN
309
Up
Dn.
Living Rm.
Kitchen
Dining Rm.
Ref.
Pantry
Oven
Clst.
UpDn.
Living Rm.
Kitchen
Dining Rm.
Pwdr.
Balcony
Ref. Pantry
Oven
Clst.
Pwdr.
Balcony
Clst. Stor.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Primary Bed.
WIC
Linen
Bedroom 1
Bedroom 2
Bath
Dn.
Up
LinenW/D
Primary Bath
Bedroom 2 Bedroom 1
LinenLinen
Bath
W/D
WIC
Primary Bed.
Primary
Bath
Dn.
Up
Dn.
Roof Deck
Dn.
Roof Deck
41'-2"
42'-51516"
FIRST FLOOR PLAN - DUPLEX UNIT
SECOND FLOOR PLAN - DUPLEX UNIT
SHEET TITLE
SHEET
STAMP
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6F A X
1120 B R I S T O L S T R E E T S T E 1 2 0
C O S T A M E S A C A 9 2 6 2 6
BUNDY-FINKELArchitects
VICTORIA
PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
SCHEME 1 - ROOF PLAN DUPLEX UNITTHIRD FLOOR PLAN - DUPLEX UNIT
TYPICAL
DUPLEX
FLOOR
PLANS
A2.1
16'-0" GARAGE DOOR
TYP.
19'-6" CLEAR
20'-0" CLEAR 6'-11"
13'-1"
6'-11"
13'-1"
16'-0" GARAGE DOOR
TYP.
20'-3"
13'-0"
13'-0"
19'-8"
16'-7" 16'-7"
310
Garage
Entry
Office
Bath
Up
Clst.
UpDn.
Living Rm.
Kitchen
Dining Rm.
Pwdr.
Balcony
Ref.
Pantry
Oven
Clst.
WIC
Linen
Bedroom 1Bedroom 2
Bath Dn.
Up
Linen
W/D
Primary
Bath
Primary Bed.
Roof Deck
Dn.
42'-6"
SHEET TITLE
SHEET
STAMP
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6F A X
1120 B R I S T O L S T R E E T S T E 1 2 0
C O S T A M E S A C A 9 2 6 2 6
BUNDY-FINKELArchitects
VICTORIA
PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
TYPICAL
DETACHED
UNIT
FLOOR PLANS
A2.2
20'-6"
FIRST FLOOR PLAN - DETACHED UNIT SECOND FLOOR PLAN - DETACHED UNIT
THIRD FLOOR PLAN - DETACHED UNIT ROOF PLAN - DETACHED UNIT 16'-0" GARAGE DOOR
TYP.
19'-6" CLEAR
20'-0" CLEAR
24'-4"
7'-4"
22'-5"
13'-1"
6'-11"
13'-0"
20'-2"
16'-7"
311
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
OVERALL
ELEVATIONS
A3.1
SOUTH (VICTORIA PLACE)
EAST
WEST
NORTH
312
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
ELEVATIONS
---
VICTORIA PLACE
STREET VIEW
A3.2
BUILDING 1 - STREET ELEVATIONBUILDING 2 - STREET ELEVATION BUILDING 3 - STREET ELEVATIONBUILDING 4 - STREET ELEVATION 313
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
TYPICAL
DETACHED
UNIT
ELEVATIONS
A3.3
NORTH ELEVATION EAST ELEVATION
WEST ELEVATIONSOUTH (STREET) ELEVATION
314
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
TYPICAL
DUPLEX UNIT
ELEVATIONS
A3.4
REAR ELEVATION FRONT / GARAGE ELEVATION
SIDE / ENTRY ELEVATIONSIDE / ENTRY ELEVATION
315
3D
IMAGES
A4.1
COMMON USE PLAY/BBQ AREA
LANDSCAPED PENINSULA - VICTORIA STREET
SHEET TITLE
SHEET
STAMP
VICTORIA
PLACE
222 VICTORIA STREET
COSTA MESA, CA 92627
T E L 7 1 4 8 5 0 7 5 7 5
7 1 4 8 5 0 7 5 7 6 F A X
2 1 5 1 M I C H E L S O N D R. S T E. 1 8 2
I R V I N E C A 9 2 6 1 2
BUNDY-FINKELArchitects
TYPICAL ROOF DECK
COMMON USE PLAY / BBQ AREA
VIEW FROM VICTORIA PLACE
VICTORIA PLACE
VIEW FROM VICTORIA PLACE
FLEX SPACE
AERIAL VIEW FROM SOUTH
316
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Bath
Up
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
306 S.F.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
306 S.F.
Garage
Entry
Office
Bath
Up
Clst.
306 S.F.
5' BIKE LANE2' BUFFER
5' BIKE LANE2' BUFFER
5' BIKE LANE
2' BUFFER
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
WALKWAY
WALKWAY
WALKWAY
WALKWAY
STOP
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
BRIDGE BRIDGE
36" box
36" box
36" box
36" box
36" box
5' BIKE LANE2' BUFFER
5' BIKE LANE2' BUFFER
5' BIKE LANE
2' BUFFER
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
WALKWAY
WALKWAY
WALKWAY
WALKWAY
STOP
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
BRIDGE BRIDGE
36" box
36" box
36" box
36" box
36" box
1 2 3 4
1617181920
21 22 23 24 25
37383940
36" box
AA
PLANTING PLAN- (NOT FOR CONSTRUCTION, REF. ONLY)
1.00 PLANTING PLAN
No.
PROJECT:
© V3 STUDIO BERZUNZA EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT & OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE
REPRODUCED, CHANGE OR COPIED IN ANY FORM OR MANNER WHATSOEVER,
NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE EXPRESSED PERMISSION & CONSENT OF V3 STUDIO BERZUNZA. THESE
DOCUMENTS ARE INTENDED TO
ONLY COMMUNICATE DESIGN INTENT AND SHALL
NOT BE USED TO COMMUNICATE ANY CONSTRUCTION MEANS,
METHODS, TECHNIQUES, SEQUENCE OR PROCEDURES, OR FOR SAFETY PRECAUTION IN CONNECTION WITH THE PROJECT.
north
TWO WORKING DAYS BEFORE YOU DIG
SERVICE ALERT TOLL FREE
CODE REQUIRES A DIG ALERT IDENTIFICATION
SECTION 4216/4217 OF THE GOVERNMENT
NUMBER BE ISSUED BEFORE A "PERMIT TO
EXCAVATE" WILL BE VALID. FOR YOUR DIG
ALERT I.D. NUMBER CALL UNDERGROUND
1-800-422-4133
SHEET NUMBER:
L
PROJECT:24.004.10
REVISIONS:
VICTORIA PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
DATEDESCRIPTION
REV:
SHEET DESCRIPTION:
CHECKED BY:
V. BERZUNZA
DRAW BY:
V. BERZUNZA
DATE:5-02-25
5000 Birch St. Ste. 3000
Newport Beach, CA 92660
t: 714.795.8080
e: [email protected]
STUDIOBERZUNZA.COM
L U X U R Y L A N D S C A P E D E S I G N +
VLADIMIR BERZUNZA
PRINCIPAL VISIONARY DESIGNER
WMC,LLC
1024 BAYSIDE DR. ST.109
NEWPORT BEACH CA 92660
ATTE: TONY WEEDA
DEVELOPER:
0 SCALE:
feet 81624
1/8" = 1'-0"
317
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
Garage
Entry
Office
Bath
Up
Clst.
COMMON USEOPEN AREA COMMON USEFLEX AREA
36" box36" box 36" box 36" box36" box
36" box36" box 36" box 36" box36" box
4 5 876 9 10 11
121314151617
24 25 26 27 28 29
3031323334353637
AA
PLANTING PLAN- (NOT FOR CONSTRUCTION, REF. ONLY)
1.01 PLANTING PLAN
No.
PROJECT:
© V3 STUDIO BERZUNZA EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT & OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE
REPRODUCED, CHANGE OR COPIED IN ANY FORM OR MANNER WHATSOEVER,
NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE EXPRESSED PERMISSION & CONSENT OF V3 STUDIO BERZUNZA. THESE
DOCUMENTS ARE INTENDED TO
ONLY COMMUNICATE DESIGN INTENT AND SHALL
NOT BE USED TO COMMUNICATE ANY CONSTRUCTION MEANS,
METHODS, TECHNIQUES, SEQUENCE OR PROCEDURES, OR FOR SAFETY PRECAUTION IN CONNECTION WITH THE PROJECT.
north
TWO WORKING DAYS BEFORE YOU DIG
SERVICE ALERT TOLL FREE
CODE REQUIRES A DIG ALERT IDENTIFICATION
SECTION 4216/4217 OF THE GOVERNMENT
NUMBER BE ISSUED BEFORE A "PERMIT TO
EXCAVATE" WILL BE VALID. FOR YOUR DIG
ALERT I.D. NUMBER CALL UNDERGROUND
1-800-422-4133
SHEET NUMBER:
L
PROJECT:24.004.10
REVISIONS:
VICTORIA PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
DATEDESCRIPTION
REV:
SHEET DESCRIPTION:
CHECKED BY:
V. BERZUNZA
DRAW BY:
V. BERZUNZA
DATE:5-02-25
5000 Birch St. Ste. 3000
Newport Beach, CA 92660
t: 714.795.8080
e: [email protected]
STUDIOBERZUNZA.COM
L U X U R Y L A N D S C A P E D E S I G N +
VLADIMIR BERZUNZA
PRINCIPAL VISIONARY DESIGNER
WMC,LLC
1024 BAYSIDE DR. ST.109
NEWPORT BEACH CA 92660
ATTE: TONY WEEDA
DEVELOPER:
0 SCALE:
feet 81624
1/8" = 1'-0"
318
1.02 No.
PROJECT:
© V3 STUDIO BERZUNZA EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT & OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE
REPRODUCED, CHANGE OR COPIED IN ANY FORM OR MANNER WHATSOEVER,
NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE EXPRESSED PERMISSION & CONSENT OF V3 STUDIO BERZUNZA. THESE
DOCUMENTS ARE INTENDED TO ONLY COMMUNICATE DESIGN INTENT AND SHALL
NOT BE USED TO COMMUNICATE ANY CONSTRUCTION MEANS,
METHODS, TECHNIQUES, SEQUENCE OR PROCEDURES, OR FOR SAFETY PRECAUTION IN CONNECTION WITH THE PROJECT.
north
TWO WORKING DAYS BEFORE YOU DIG
SERVICE ALERT TOLL FREE
CODE REQUIRES A DIG ALERT IDENTIFICATION
SECTION 4216/4217 OF THE GOVERNMENT
NUMBER BE ISSUED BEFORE A "PERMIT TO
EXCAVATE" WILL BE VALID. FOR YOUR DIG
ALERT I.D. NUMBER CALL UNDERGROUND
1-800-422-4133
SHEET NUMBER:
L
PROJECT:24.004.10
REVISIONS:
VICTORIA PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
DATEDESCRIPTION
REV:
SHEET DESCRIPTION:
CHECKED BY:
V. BERZUNZA
DRAW BY:
V. BERZUNZA
DATE:5-02-25
5000 Birch St. Ste. 3000
Newport Beach, CA 92660
t: 714.795.8080
e: [email protected]
STUDIOBERZUNZA.COM
L U X U R Y L A N D S C A P E D E S I G N +
VLADIMIR BERZUNZA
PRINCIPAL VISIONARY DESIGNER
WMC,LLC
1024 BAYSIDE DR. ST.109
NEWPORT BEACH CA 92660
ATTE: TONY WEEDA
DEVELOPER:
PHOTOSYMBOLBOTANICAL / COMMON NAMESIZEMATURE SIZEWATERQTY TREES
DODONAEA VISCOSA / HOPSEED BUSH15 GAL 5`-12` H & W LOW 0.1 - 0.3 13 PINUS ELDARICA / AFGHAN PINE36"BOX60` H X 75` WLOW 0.1 - 0.3 2 PLATANUS X ACERIFOLIA 'BLOODGOOD' / BLOODGOOD LONDON PLANE TREE36"BOX 12` - 40` H X W MODERATE 0.4 - 0.6 5 PRUNUS CAROLINIANA 'COMPACTA' / COMPACT CAROLINA CHERRY LAUREL15 GAL 6`-8` H X 2`-3` W MODERATE 0.4 - 0.6 50 TRISTANIA CONFERTA / BRISBANE BOX36"BOX8` X 35` H X WLOW 0.1 - 0.317
PLANT SCHEDULE
PHOTOSYMBOLBOTANICAL / COMMON NAMESIZEMATURE SIZEWATERQTY SHRUBS
AGAVE X 'BLUE FLAME' / BLUE FLAME AGAVE15 GAL 2` H & WLOW 0.1 - 0.317 CARISSA MACROCARPA 'EMERALD BLANKET' / EMERALD BLANKET NATAL PLUM1 GAL 1.5`H X 1.5`W VERY LOW <0.1157 DIANELLA REVOLUTA / LITTLE REV™ FLAX LILY5 GAL 2`-3` H X 3`-4` W LOW 0.1 - 0.3 90 FESTUCA AMETHYSTINA 'APRILGRUN' / APRILGRUN FESCUE1 GAL 1.5`H X 1.5`W VERY LOW <0.1 94 FESTUCA MAIREI / ATLAS FESCUE1 GAL 1.5` H X 2` W VERY LOW <0.157 LAVANDULA STOECHAS / SPANISH LAVENDER1 GAL 2` H & WVERY LOW <0.1 31 MUHLENBERGIA RIGENS / DEER GRASS1 GAL3`-4` H X WVERY LOW <0.1 18 MYRTUS COMMUNIS 'COMPACTA' / DWARF COMMON MYRTLE5 GAL 2` H X 2`-3` W VERY LOW <0.1 85 NANDINA DOMESTICA 'GULF STREAM' / GULF STREAM HEAVENLY BAMBOO5 GAL 3` H X 3` WVERY LOW <0.1111 PITTOSPORUM CRASSIFOLIUM 'NANA' / DWARF KARO PITTOSPORUM5 GAL 3` H X WLOW 0.1 - 0.3 13 TRACHELOSPERMUM JASMINOIDES / CHINESE STAR JASMINE1 GALVERY LOW <0.1 14 WESTRINGIA FRUTICOSA 'SMOKEY' / SMOKEY COAST ROSEMARY5 GAL 3`-5` H X 3`-5` W LOW 0.1 - 0.3 8 PLANT_SCHEDULE
PHOTOSYMBOLBOTANICAL / COMMON NAMESIZEMATURE SIZEWATERSPACINGQTY
GROUND COVERS
BUCHLOE DACTYLOIDES / BUFFALO GRASSSODLOW 0.1 - 0.32,819 SF FESTUCA RUBRA 'MOLATE' / MOLATE RED FESCUEFLATLOW 0.1 - 0.3371 SF SENECIO MANDRALISCAE 'BLUE CHALK STICKS' / SENECIOFLAT 1"-2" H X 18" W VERY LOW <0.111 FLATS
PLANT SCHEDULE
PLANTING SCHEDULE
-22-
319
Garage
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306 S.F.
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306 S.F.
Garage
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EntryOffice
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306 S.F.
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
BRIDGE BRIDGE
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
BRIDGE BRIDGE
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box36" box36" box
SYMBOLDESCRIPTIONQTYPRECIPPSIGPM
RAIN BIRD-RISER 1402 FLOOD180.9 S.F.0.5 in/h30 1
SHRUB DRIPLINE 0.9 GPH @ 12â? O.C. (3.5 L/H @ 0,3M)
DRIPLINE WITH 0.90 GPH EMITTERS AT 12" O.C., ROW SPACING AT 12" O.C.
559.0 S.F.1.44 in/h25 8
SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M) DRIPLINE WITH 0.90 GPH EMITTERS AT 18" O.C., ROW SPACING AT 18" O.C.
3,487 S.F.1.03 in/h25 37
TURF ROTARY (TORO, RAIN BIRD)
12` TO 24` RADIUS (3,7M-7,3M), TRIANGULAR SPACED, HEAD TO HEAD COVERAGE.
2,864 S.F.0.68 in/h4020
IRRIGATION SCHEDULE
BF
34"
34" 34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34"
34" 34"
34"
34" 34"
IRRG.M2112"
1 2.8934"
2 5.2134"
3 3.6634"
4 5.8334"
5 7.0434"
6 0.234"
7 1.7334"
8 4.4534"
9 0.2434"
10 4.3834"
11 3.1134"
12 4.6334"
13 2.5734"14
0.1134"
15 2.1334"
16 5.8334"
17 2.3634"
18 1.6134"
19 1.5434"
20 2.5534"
21 7.3634"
22 0.3934"
NUMBERMODELTYPEPRECIPIN./WEEKMIN./WEEKGAL./WEEKGAL./DAY 1RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 12â? O.C. (3.5 L/H @ 0,3M)1.44 in/h 0.251131.710.6 2RAIN BIRD DV TURF ROTARY (TORO, RAIN BIRD)0.68 in/h 1.5133692173 3RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251554.918.3 4RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251587.529.2 5RAIN BIRD DVTURF ROTARY (TORO, RAIN BIRD)0.68 in/h1.5133936234 6RAIN BIRD DVRAIN BIRD-RISER 1402 FLOOD0.5 in/h 0.560124 7RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251526.08.66 8RAIN BIRD DV TURF ROTARY (TORO, RAIN BIRD)0.68 in/h 1.5133592148 9RAIN BIRD DV RAIN BIRD-RISER 1402 FLOOD0.5 in/h 0.56014.24.73 10RAIN BIRD DVTURF ROTARY (TORO, RAIN BIRD)0.68 in/h 1.5133582146 11RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 12â? O.C. (3.5 L/H @ 0,3M)1.44 in/h0.251134.311.4 12RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251569.423.1 13RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251538.512.8 14RAIN BIRD DV RAIN BIRD-RISER 1402 FLOOD0.5 in/h 0.5606.582.19 15RAIN BIRD DV TURF ROTARY (TORO, RAIN BIRD)0.68 in/h 1.513328370.8 16RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251587.429.1 17RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 12â? O.C. (3.5 L/H @ 0,3M)1.44 in/h0.251126.08.66 18RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251524.28.07 19RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251523.27.72 20RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251538.312.8 21RAIN BIRD LFV-075SHRUB DRIPLINE 0.9 GPH @ 18â? O.C. (3.5 L/H @ 0,46M)1.03 in/h 0.251511036.8 22RAIN BIRD DVRAIN BIRD-RISER 1402 FLOOD0.5 in/h 0.56023.67.87 TOTALS:1,0883,7941,007
WATERING SCHEDULE
P.O.C. NUMBER: 01
Water Source Information: SCHEMATIC
FLOW AVAILABLE
Custom Max Flow:50 GPM
Flow Available50 GPM
PRESSURE AVAILABLE
Static Pressure at POC:65 PSI
Pressure Available:65 PSI
DESIGN ANALYSIS
Maximum Station Flow:7.36 GPM
Flow Available at POC:50 GPM
Residual Flow Available:42.64 GPM
Critical Station:5
Design Pressure:40 PSI
Friction Loss:1.58 PSI
Fittings Loss:0.16 PSI
Elevation Loss:0 PSI
Loss through Valve:4.53 PSI
Pressure Req. at Critical Station: 46.3 PSI
Loss for Fittings:0.01 PSI
Loss for Main Line:0.11 PSI
Loss for POC to Valve Elevation: 0 PSI
Loss for Backflow:11 PSI
Critical Station Pressure at POC: 57.4 PSI
Pressure Available:65 PSI
Residual Pressure Available: 7.62 PSI
CRITICAL ANALYSIS
SCHEMATIC IRRIGATION PLAN- (NOT FOR CONSTRUCTION, REF. ONLY)00.3
2.00 SCHEMATIC CONCEPT
IRRIGATION PLAN
0 SCALE:
feet 204060
1" = 20'
No.
PROJECT:
© V3 STUDIO BERZUNZA EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT & OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE
REPRODUCED, CHANGE OR COPIED IN ANY FORM OR MANNER WHATSOEVER,
NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE EXPRESSED PERMISSION & CONSENT OF V3 STUDIO BERZUNZA. THESE
DOCUMENTS ARE INTENDED TO ONLY COMMUNICATE DESIGN INTENT AND SHALL
NOT BE USED TO COMMUNICATE ANY CONSTRUCTION MEANS,
METHODS, TECHNIQUES, SEQUENCE OR PROCEDURES, OR FOR SAFETY PRECAUTION IN CONNECTION WITH THE PROJECT.
north
TWO WORKING DAYS BEFORE YOU DIG
SERVICE ALERT TOLL FREE
CODE REQUIRES A DIG ALERT IDENTIFICATION
SECTION 4216/4217 OF THE GOVERNMENT
NUMBER BE ISSUED BEFORE A "PERMIT TO
EXCAVATE" WILL BE VALID. FOR YOUR DIG
ALERT I.D. NUMBER CALL UNDERGROUND
1-800-422-4133
SHEET NUMBER:
L
PROJECT:24.004.10
REVISIONS:
VICTORIA PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
DATEDESCRIPTION
REV:
SHEET DESCRIPTION:
CHECKED BY:
V. BERZUNZA
DRAW BY:
V. BERZUNZA
DATE:5-02-25
5000 Birch St. Ste. 3000
Newport Beach, CA 92660
t: 714.795.8080
e: [email protected]
STUDIOBERZUNZA.COM
L U X U R Y L A N D S C A P E D E S I G N +
VLADIMIR BERZUNZA
PRINCIPAL VISIONARY DESIGNER
WMC,LLC
1024 BAYSIDE DR. ST.109
NEWPORT BEACH CA 92660
ATTE: TONY WEEDA
DEVELOPER:
-23-
320
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306 S.F.Garage
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306 S.F.
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EntryOffice
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Up
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306 S.F.
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
BRIDGE BRIDGE
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
BRIDGE BRIDGE
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box
36" box36" box36" box
LANDSCAPE CALCULATIONS00.3
2.01 SCHEMATIC CONCEPT
IRRIGATION PLAN
0 SCALE:
feet 204060
1" = 20'
No.
PROJECT:
© V3 STUDIO BERZUNZA EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT & OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE
REPRODUCED, CHANGE OR COPIED IN ANY FORM OR MANNER WHATSOEVER,
NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY, WITHOUT FIRST OBTAINING THE EXPRESSED PERMISSION & CONSENT OF V3 STUDIO BERZUNZA. THESE
DOCUMENTS ARE INTENDED TO ONLY COMMUNICATE DESIGN INTENT AND SHALL
NOT BE USED TO COMMUNICATE ANY CONSTRUCTION MEANS,
METHODS, TECHNIQUES, SEQUENCE OR PROCEDURES, OR FOR SAFETY PRECAUTION IN CONNECTION WITH THE PROJECT.
north
TWO WORKING DAYS BEFORE YOU DIG
SERVICE ALERT TOLL FREE
CODE REQUIRES A DIG ALERT IDENTIFICATION
SECTION 4216/4217 OF THE GOVERNMENT
NUMBER BE ISSUED BEFORE A "PERMIT TO
EXCAVATE" WILL BE VALID. FOR YOUR DIG
ALERT I.D. NUMBER CALL UNDERGROUND
1-800-422-4133
SHEET NUMBER:
L
PROJECT:24.004.10
REVISIONS:
VICTORIA PLACE
222 VICTORIA PLACE
COSTA MESA, CA 92627
DATEDESCRIPTION
REV:
SHEET DESCRIPTION:
CHECKED BY:
V. BERZUNZA
DRAW BY:
V. BERZUNZA
DATE:5-02-25
5000 Birch St. Ste. 3000
Newport Beach, CA 92660
t: 714.795.8080
e: [email protected]
STUDIOBERZUNZA.COM
L U X U R Y L A N D S C A P E D E S I G N +
VLADIMIR BERZUNZA
PRINCIPAL VISIONARY DESIGNER
WMC,LLC
1024 BAYSIDE DR. ST.109
NEWPORT BEACH CA 92660
ATTE: TONY WEEDA
DEVELOPER:
COMMON AREA LANDSCAPE AREASTAKEOFF: 5,662 SF
PUBLIC-RIGHT-OF-WAYTAKEOFF: 2,422 SF
CONCEPT GRAPHICS SCHEDULE
-24-
321
December 2, 2024
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Subject: Trip Generation Analysis for 220, 222, 224, 236 Victoria Place in the City of Costa Mesa
Infras
tructure Group Inc (IGI) is pleased to submit a Trip Generation Analysis for the proposed development of 36 single family attached homes (18 duplexes) & 4 single family detached homes.
The proposed project will occupy an approximately 1.8-acre site that is currently fully occupied with a mixture of retail, service, and storage uses. The project will continue to take access on Victoria Street.
Exhibit A shows the Trip Generation Table.
Exhibit B shows the Existing Site & project location.
Exhibit C shows a street view of the existing proposed site.
Exhibit D shows the proposed site plan layout.
INFRASTRUCTURE GROUP, INC.
2672 N. Vista Crest Road
Orange, CA 92867
(714) 749-6386
ATTACHMENT 8
-1-
322
Infrastructure Group, Inc.
2 | Page
Exhibit A: Trip Generation Analysis
Land Use Source1 Quantity Units2
Peak Hour Trips
Daily
Morning Evening
Inbound Outbound Total Inbound Outbound Total
Trip Generation Rates per 1000 SF
ITE 215
ITE 210
ITE 822
ITE 110
-
-
-
-
DU
TSF
TSF
TSF
0.12 0.18
1.42 0.65
0.36 0.52
0.94 0.09
0.48 0.70
2.36 0.74
0.34 0.59
3.30 0.09
0.23 0.35
3.29 0.56
0.57 0.94
6.59 0.65
7.20 9.43
54.45 4.87
Single Family Attached Homes
Single-Family Detached Housing
Strip Retail Plaza >40k
General Light Industrial
Proposed Project Trips
ITE 215
ITE 210
36 4
DU
DU
5 1
13 2
18 3
12 2
9 2
21 4
260
38 Single Family Attached Homes
Single-Family Detached Housing
TOTAL PROPOSED PROJECT TRIPS
6 15 21 14 11 35 298
Existing Trips To Be Displaced
(With Active Business License)
Strip Retail Plaza (222 Victoria, Allied
Lighting & Lamps)
Light Industrial Use (220 Victoria,
Harvey’s Boat Rental)
ITE 822
ITE 110
4,888
1,400
TSF
TSF
-7
-1
-5
-0
-12
-1
-16
-0
-16
-1
-32
-1
-266
-7
Net Project Trips Generated (Proposed Less Existing) -2 +10 +8 -2 -6 +2 +25 Note – There are other warehouse storage uses on-site that generate a negligible amount of trips. 1 Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, 11th Edition, 2021. 2 DU = Dwelling Units; TSF = Thousand Square Feet
-2-
323
Infrastructure Group, Inc.
3 | Page
Exhibit B: Existing Site & Project Location
-3-
324
Infrastructure Group, Inc.
4 | Page
Exhibit C: Street View
-4-
325
Infrastructure Group, Inc.
5 | Page
EXHIBIT D: SITE PLAN
-5-
326
Infrastructure Group, Inc.
6 | Page
Infrastructure Group Inc.
A California Corporation
Denis Bilodeau, PE
-6-
327
-1-
PLANNING COMMISSION
AGENDA REPORT
MEETING DATE: JUNE 9, 2025 ITEM NUMBER: PH-1 SUBJECT: RECOMMENDATION TO THE CITY COUNCIL ON A MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT (PGPA-24-
0001), REZONE, MASTER PLAN (PMAP-24-0002), AND TENTATIVE TRACT MAP NO. 19351 FOR THE DEVELOPMENT OF 40
RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 220, 222, 234, AND 236 VICTORIA STREET (“VICTORIA PLACE”)
FROM: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTATION BY: VICTOR MENDEZ, SENIOR PLANNER
FOR FURTHER
INFORMATION
CONTACT:
VICTOR MENDEZ
714-754-5276
[email protected]
RECOMMENDATION:
Staf
f recommends that the Planning Commission recommend that the City Council:
1. Ado
pt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and
2. App
rove the General Plan Amendment (PGPA -24-0001), Rezone, Master Plan (PMAP-24-0002), and Tentative Tract Map No. 19351, subject to conditions of approval.
APPLICANT OR AUTHORIZED AGENT:
The
applicant is Bundy-Finkel Architects, on behalf of WMC, LLC.
ATTACHMENT 9
328
-2-
PLANNING APPLICATION SUMMARY
Location: 220 Victoria St Applications Number(s): PGPA-24-0001 & PMAP- 24-0002
Request: Development of a residential common interest development community comprising of 18 duplexes (36 dwelling units) and four detached units for a total of 40 dwelling units.
SUBJECT PROPERTY: SURROUNDING PROPERTY:
Zone: C2 - General Business North: R3 – Multiple Family Residential General Plan: General Commercial South: C1 – Local Business (across Victoria Place)
Lot
Dimensions:
Approximately 250’ x
307’
East: C2 - General Business
Lot Area: 1.77 acres West: C2 - General Business
Existing
Development:
The project site is currently developed with approximately 18,567 square feet of commercial retail use and storage area.
329
-3-
DEVELOPMENT STANDARDS COMPARISON – RESIDENTIAL INCENTIVE
OVERLAY DISTRICT (RIOD) AND RESIDENTIAL COMMON INTEREST
DEVELOPMENT (RCID)
DEVELOPMENT
STANDARD
CODE
REQUIREMENT
PROPOSED MEETS CODE
RIOD Minimum lot size: 0.5 acre 1.77 acres Yes
RCID Minimum lot size: N/A N/A N/A
RIOD Maximum Density: 30 du/acre =
maximum 53 units
22.6 du/acre = 40
units
Yes
RCID Maximum Floor
Area Ratio (FAR):
0.75 1.43 No1
Open Space:
RIOD Minimum Open
Space
40% of total site
area (30,840 SF)
42% (32,437 SF) Yes
RCID Minimum Open
Space
40% of total lot area
(30,840 SF)
42% (32,437 SF) Yes
RIOD Common Use Open
Space
50% of required
open space (15,420
SF)
32% (9,817 SF) No1
RCID Common Open
Space
Common open space
areas shall be
designed and located
within the
development to allow
maximum use by all
residents
BBQ/Play Area
Centrally Located
and a Flex Space
Yes
RIOD Private Open Space Private decks or
patios – minimum
100 square feet with
no dimension less
than 5 FT (4,000 SF)
Roof deck (9,175
SF)
Yes
RCID Private Open Space An adjoining patio
required with no
dimension less than
10 FT
Roof deck (9,175
SF)
Yes
RIOD Maximum Building 3 stories 3 stories / 39 FT 6 Yes 330
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Height IN
RCID Maximum Building
Height
2 stories/27 feet 3 stories / 39 FT 6
IN
No1
Setbacks:
RIOD Front (Victoria
Place)
20 FT 20 FT Yes
RCID Front (Victoria
Place)
20 FT 20 FT Yes
RIOD Side – Left 20 FT 7 FT 6 IN No1
RCID Side – Left 5 FT 7 FT 6 IN Yes
RIOD Side - Right 20 FT 7 FT 6 IN No1
RCID Side – Right 5 FT 7 FT 6 IN Yes
RIOD Rear 20 FT 11 FT 3 IN No1
RCID Rear 20 FT for 2 story
structures in R2-MD
and R2-HD zones; 15
FT for 2 story
structures in the R-3
zone. 10 feet for one
story structures…
11 FT 3 IN N/A2
RIOD Landscape
Parkway (Interior
Private Streets or
Common
Driveways)
Combined 10 feet
wide, no less than 3
feet on one side
None No1
RCID Landscape
Parkway (Interior
Private Streets or
Common
Driveways)
Combined 10 feet
wide, no less than 3
feet on one side.
Parkway on house
side of private street
or common driveway
shall be a minimum
of 5 feet wide
None No1
Storage:
RIOD Storage N/A Garage (390 SF) N/A
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RCID Storage Each unit provide 200
cubic feet of
securable storage
exterior to unit or
within garage/carport
Garage (390 SF) Yes
Parking:
Residential Tenant
Covered Parking
(Three Bedrooms)
40 (1 spaces x 40 units =
40 spaces)
103
No1
Residential Tenant
Open Parking
(Two Bedroom)
90 (2.253 spaces x 40
units = 90 spaces)
Residential Guest
Parking
20 (0.5 spaces x 40 units
= 20)
TOTAL 1503
1 Development standard deviations allowed through Master Plan approval process 2 The development is composed of three-story residential units and is not located within the R2-MD, R2-HD, or R-3 zone, therefore, has no rear setback
3 Tenant open parking can be reduced by 0.25 space for one bedroom and larger units if the covered parking is provided within either a carport or a parking structure; therefore, calculation includes 0.25 reduction
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EXECUTIVE SUMMARY
Bundy-Finkel Architects has filed applications for the development of a 40 -unit residential common interest development (RCID) located at 220, 222, 234, and 236 Victoria Street (APNS: 419-111-20, 419-111-19, 419-111-21). The applications also include a Tentative Tract Map to merge the existing properties and divide the property for individual ownership through the condominium subdivision process. The approximately 1.77-acre site is designated for commercial use and the existing development is proposed to be demolished and redeveloped to accommodate the residential development. Each unit will include an office area on the ground floor, two- car garage, bedroom living quarters and private open spaces. The project site currently has a General Plan land use designation of General Commercial and is zoned C2 – General Commercial Business District, which does not allow for residential development. To enable residential uses , the applicant seeks a General Plan Amendment and Rezone to apply a Residential Incentive Overlay District (RIOD) to the existing General Plan land use designation and zoning.
This project is subject to the Costa Mesa Municipal Code, which mandates the preparation of a Master Plan for developments located within the RIOD . While the Planning Commission typically serves as the final review authority for a Tentative Tract Map and Master Plan applications, in this case, all related applications—General Plan Amendment, Rezone, Master Plan, and Tentative Tract Map require City Council approval. As these requests a re being processed concurrently, the Planning Commission provides a comprehensive recommendation to the City Council for final consideration.
The proposed project complies with many standards, as demonstrated in the planning application summary tables, including lot area, private open space , and building separation. D eviations are required for increased floor area ratio (FAR), reduced common use open space, landscape parkways, reduced setbacks, and reduced parking. In accordance with the California Environmental Quality Act (CEQA), the project requires adoption of a Mitigated Negative Declaration (MND) and adoption of a Mitigation Monitoring and Reporting Program (MMRP). Staff recommends that the Planning Commission recommend that the City Council approve the associated planning applications based on adherence to applicable goals and policies of the General Plan, site planning, design, and amenities.
SETTING
The project site is located on the north side of Victoria Place near the intersection of Victoria Street and Newport Boulevard. The project site consists of three adjacent properties with a total combined area of 1.77 acres (see the below Exhibit 1).
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The project site is currently developed with existing commercial retail buildings, a residential unit repurposed as a commercial use, and storage yards. Specifically, approximately 18,567 square feet commercial retail use and storage are located on - site; the building are occupied by the following tenants:
Table 1 – Existing Structures
Exhibit 1 Vicinity & Location
Suite Use Square Footage/Units
220 Victoria Street
Suite A Storage 500 square feet
Suite B Boat Storage and Repair (Harvey’s
Boat Storage)
1,400 square feet
222 Victoria St
Suite A Commercial Retail (Allied Lighting) 6,834 square feet 234 Victoria St
Suite A Originally constructed as residential
use, but has been utilized for
commercial purposes for the past 58
years (Currently Vacant)
1 Unit approximately
2,000 square feet
Suite B Commercial (Suburban Plumbing) 2,333 square feet 334
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In addition to the existing structure noted in Table 1, the site also contains a one-story residential structure built in 1954. However, rent rolls indicate that for the past 58 years, the structure has been used as a commercial or storage facility for a plumbing business rather than as a residential unit. Currently vacant and in a state of disrepair, the structure has not been occupied for the past five years. Therefore, the existing structure is not a protected residential unit under California state law because it has been used for commercial purposes for the past 58 years, has remained vacant and uninhabitable for the last five years, and does not constitute viable or recently occupied housing.
Access to the project site is currently provided by Victoria Place, which connects Victoria Street and Newport Boulevard. Nearby development includes an 11 -unit apartment project on an 0.83 -acre lot (13.2 du/acre) and a 32-unit apartment project on 1.12-acre lot (28.6 du/acre) to the north. Commercial uses such as Herb ’ s Garage
Auto Center is located to the west, Jiffy Lube to the south, and the Newport Victoria Plaza office building to the east. The project site is also positioned within a ½ mile walking distance to a mix of retail, restaurant, and shopping areas.
BACKGROUND
Early historical aerials indicate the site was surrounded by rural fields, within sparse development until the iteration of a single -family house in 1938 located at the southwest corner of the site. By the 1950s, following the incorporation of Costa Mesa in 1953, historical aerials indicate the presence of outbuildings (since disappeared) in the rear/north portion of the lot. A proliferation of industrial and commercial buildings had appeared on the parcels and surrounding area by 1963. Between 1972 and 1987, the final building was constructed within the project area. By 1992, the Project area is generally in its current configuration.
Residential Incentive Overlay District Background
On September 20, 2016, the City Council passed Code Amendment CO-16-02 which established the RIOD. The RIOD is situated along Harbor and Newport Boulevards on properties with underlying General Plan land use designations of Commercial Residential, General Commercial or Medium Density Residential. The overlay was initially applied to 14 sites that were developed with marginal operating commercial uses (mainly motels, restaurants, gas stations, and auto services). The overlay added a land use option for resid ential development of up to 40 dwelling units per acre (du/acre) on these sites compared to the Commercial Residential (maximum of 17.4 du/acre), General Commercial (no residential permitted except in mixed use Suite Use Square Footage/Units
236 Victoria St
Suite A Commercial Retail (Battery Mart) 5,500 square feet
Total Commercial Square Footage 18,567 square feet
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developments), and the Medium Density Residential (maximum of 12 du/acre) land use designations. The added overlay and higher densities were intended to incentivize redevelopment of these parcels. However, after the establishment of the RIOD, the City did not receive any interest from the 14 property owners to redevelop these properties.
Subsequently, on November 13, 2018, the City Council approved a General Plan and Zoning Code amendment to reduce the area of the RIOD from 14 sites to only four sites; including: (1) 3205 Harbor Boulevard (Vagabond Inn), (2) the southeast portion of Harbor Boulevard and Gisler Avenue (consisting of an existing hotel, gas station and restaurant), (3) 2277 Harbor Boulevard (Lux Apartments), and (4) the southeast portion of Newport Boulevard and Albert Place (2250 Newport Boulevard (the Ali Baba Motel) and 2274 Newport Boulevard (the Mesa Vista Apartments). At that time, the City Council also reduced the maximum allowable density within the RIOD from 40 du/acre to 30 du/acre and lowered the maximum building height from four stories to three stories.
On August 6 , 2024
1, the City Council reviewed a scree ning application for the proposed 40-unit RCID. The City Council was generally supportive of the proposed development plan and provided suggestions to prioritize community spaces and streetscape design project aspects. The City Council provided feedback, which was incorporated into the formal application, particularly emphasizing enhanced community space and streetscape improvements along Victoria Place . Additional comments were provided to remove Palm trees from the landscaping palette.
Subsequently, the applicant prepared their formal submittal incorporating the City Council comments including increasing the common use open space in the center of the development, revitalizing the landscape peninsula along Victoria Place, enhancing the façade of the units and by removing palm trees from the landscape plan.
Measure Y
Measure Y was approved by the voters on November 8, 2016 , and certified by City Council on December 12, 2016, and became effective on December 23, 2016.
Measure Y amended the CMMC to require voter approval of certain changes in land use including projects that amend, change, or replace the General Plan, the Zoning Ordinance, a specific plan, or an overlay plan and involve one or more specific conditions as identified in the ordinance. The proposed project is exempt from Measure Y because it falls within the boundaries of the Measure K overlay. Measure K, approved by Costa Mesa voters in November 2022, permits the City Council to approve housing and mixed -use developments in designated commercial and
1 The August 6, 2024 staff report and meeting video can be viewed links below:
Report:https://costamesa.legistar.com/LegislationDetail.aspx?ID=6816049&GUID=802DDB31-6CD1-40E5-9CCE- E01BF2F8224A
Video: https://costamesa.granicus.com/player/clip/4159?view_id=14&redirect=true
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industrial corridors without requiring voter approval, as was previously mandated by Measure Y. Measure K aims to facilitate the revitalization of underutilized areas by encouraging the development of housing opportunities, thereby addressing the community's needs without compromising existing residential neighborhoods.
Housing Element
The 6th Cycle Housing Element identifies housing opportunity sites throughout the City pursuant to the State determined Regional Housing Needs Allocation. Although the project site is not an identified housing site by the City’s housing element, the project would count toward the City’s 6 th Cycle RHNA allocation, provided that building permits are issued by the end of the planning period in December 2029.
REQUEST
To entitle and execute the proposed project the following requests must be approved:
• General Plan Amendment is required to modify the Land Use Element’s maps, figures, text and tables to apply a RIOD designation to the subject property.
• Rezone is required to implement the General Plan RIOD zoning designation.
• Tentative Tract Map No. 19351 is required pursuant to Municipal Code Chapter III Planning Applications, Section 13-28(r) to merge the existing 1.77 acre site and divide the property for future individual ownerships through the condominium subdivision process.
• Master Plan is required pursuant to Municipal Code Chapter V, Application review procedures in RIOD , Section 13- 83.63(b) to establish the overall development plan (i.e., site layout, building placement, architecture, floor plans, parking, and landscaping, etc.) for the proposed residential project. In this case, an approved master plan will result in the property’s underlying zoning district regulations being superseded by the residential incentive overlay zone provisions.
DESCRIPTION
The project proposes to develop a 40-unit RCID community comprising of 18 duplexes (36 dwelling units) and four detached units adjacent to Victoria Place. Victoria Place, a public street forming the southern boundary of the site, provides access to the project through two new driveways. This street connects to Newport Boulevard and Victoria Street, facilitating circulation to and from the site. As part of the project, a new sidewalk will be constructed along Victoria Place, accompanied by accessible pathways that connect to adjacent pedestrian and future bicycle amenities.
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A new Class II bike lane is also proposed along the north side of Victoria Place, connecting Newport Boulevard to Victoria Street and enhancing multimodal access. A Class-2 bike lane is provided on the east side of Newport Boulevard and Costa Mesa’s Public Works Department is planning to install a new bike lane along the west side of Newport Boulevard. In addition, there are three additional bicycle lanes in the immediate area located along Victoria Street, Newport Boulevard, and Fairview Road.
These bicycl e lanes are interconnected with the regional bicycle trail system and provide connections between Costa Mesa, Huntington Beach, Newport Beach, and Santa Ana. The project ’s internal private drive aisles form an “H -shape” circulation pattern with garage doors facing towards the drive aisles.
The Orange County Transportation Authority (OCTA) operates bus route 71 nearby with two bus stops located approximately 270 and 550 feet away. Bus Route 71 runs north-south generally along portions of Newport Boulevard and Red Hill Avenue from Newport Beach through Costa Mesa and into Irvine and Santa Ana and points beyond.
The project proposes an overall density of 22.6 dwelling units per acre (du/acre), where 30 du/acre is allowed under the RIOD. Each unit proposes a square footage of approximately 2, 751 square feet with a height of approximately 39 feet, six inches.
Each unit includes a first-floor office area, restroom, two-car garage. The second floor includes a living room, a kitchen, a dining area, a bathroom, and a covered balcony.
The third floor living area has three bedrooms, two bathrooms, and a laundry area. In addition to a roof deck, each unit would also have private open space at the ground level. The units facing Victoria Place include landscaping with nearby pedestrian access to a proposed future public sidewalk (see the below proposed floor plans in Exhibits 2 and 3). These units also include large, street -facing windows along the Victoria Place frontage.
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Exhibit 2 Detached Unit Floor Plan
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The duplexes located toward the interior of the site have front doors oriented on the side of the unit, facing the front doors of neighboring units. The project provides five guest parking spaces centrally located within the development, and 18 open parking spaces located between units (see the below Exhibit 4 – Site Plan). As proposed, a total of 103 parking spaces would be available in the two-car garages and adjoining surface parking spaces.
Exhibit 3 Duplex Unit Floor Plan
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Deviations
The RIOD allows for deviations from the requirements to encourage residential development. Deviations require specific findings , including justification that the deviation results in a development that better achieves the goals of the General Plan, that the deviation results in a development which exhibits excellence in design, and that the deviation will not be detrimental to public health. The project proposes the following deviations:
Exhibit 4 Site Plan
341
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• Floor Area Ratio (FAR): The RCID development standards results in a maximum FAR of 0.75. The applicant is requesting a deviation to allow a FAR of 1.43. • Common Use Open Space: The RIOD development standards require a minimum of 50% of the total open space. The applicant is requesting a deviation to allow 32% of common use open space.
• Building Height: The RCID development standards limit building height to two stories. The applicant is requ esting a deviation to allow three -story residential buildings.
• Side Setback: The RIOD development standards require a minimum side setback of 20 feet. The applicant is requesting a deviation to allow a reduced side setback of 7 feet, 6 inches.
• Rear Setback: The RIOD development standards require a minimum rear setback of 20 feet. The applicant is requesting a deviation to allow a reduced setback of 11 feet, 3 inches.
• Landscape Parkway (Interior Private Streets or Common Driveways): The RCID and RIOD development standards require a landscape parkway along common driveways or interior private streets. The applicant is requesting a deviation to omit the landscaped parkways along the common driveways. • Parking: The City’s Residential Off -Street Parking Standards require this development to provide 150 parking spaces including 130 parking spaces and 20 guest parking spaces. The applicant requests a deviation to allow for a total of five guest parking spaces including 98 parking spaces for a total of 103 parking spaces.
• G
arage Dimensions: The City’s Residential Off -Street Parking Standards require a minimum unobstructed interior garage dimension of 20 feet wide by 20 feet long. T he applicant requests a deviation to allow an interior garage dimension of 19 feet, six inches wide by 20 feet long for each unit. • P arking Stalls Between Buildings: The City’s Parking Design Standards require that parking stalls (open and carports) with vertical restrictions at the side (walls, fences, shrubs , etc.) to be increase d in width by one foot beyond the standard requirement. For residential uses, the standard parking stall dimension is eight feet, six inches wide by 18 feet long. The applicant is requesting a deviation to allow a minimum parking stall width of 10 feet.
The analysis and specific findings for the requested development deviations are provided below in the Master Plan and Deviation from Development Standards Findings sections of this report.
Floor Plan
The project proposes two-unit types, Duplex and Detached. Similar to other residential developments throughout the City, each unit includes a two -car garage, home office, 342
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and a bathroom on the first floor. The second floor is dedicated to living area and includes a half bathroom, kitchen, dining area, living room, and balcony at the rear of each unit. The third floor of each unit is dedicated to bedrooms. Each plan includes three-bedrooms, two-bathrooms, and a laundry closet. There is also an open roof deck that includes an enclosed stairway.
Elevations
As shown in Exhibit 5 below, the proposed residential project has been designed with contemporary design features including modern elements such as large windows, and a mixture of exterior building materials which contributes to the variety of vertical and horizontal articulations.
As shown in Exhibit 6 below, the duplex and detached units are oriented toward a shared driveway aisle, with front elevations and garages facing one another. These elevations include enhanced architectural detailing, and landscaping is provided between each garage and building to create visual interest and soften the interface between units.
Exhibit 5 Street Elevations
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ANALY SIS
The project site is currently designated “General Commercial” by the City’s Land Use Element of the General Plan, and is zoned “C2, General Business District.” These designations do not support a residential use of the property but instead allow for office and retail/service uses. However, the project site is located within a “Measure K” corridor that runs along Newport Boulevard. “Measure K” was passed by Costa Mesa voters on November 8, 2022, for the purpose of revitalizing commercial corridors by encouraging new housing in commercial and industrial areas while preserving the character of existing residential neighborhoods. Because the current property zoning does not allow for residential development, the applicant is requesting the City re-zone the property with a residential incent ive overlay designation to allow for residential development.
A conventional residential rezone would not have facilitated the project because the proposed density of 22.6 dwelling units per acre exceeds the limits of nearly all standard residential zones in the City, which generally cap at 20 dwelling units per acre, and the project does not include affordable housing units that would otherwise qualify for density bonuses or related waivers. Additionally, the City’s residential zones limit building heights to two stories or 27 feet, which the proposed project exceeds .
Moreover, even under a traditional residential rezone, the project would be required to comply with two sets of development standards — those of the proposed zoning district and the RCID standards as this is a condominium project. This dual compliance can often create the appearance of numerous deviations, as the project must comply Exhibit 6 Typical Side Elevations for Interior and End Units 344
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with both standards. Pursuing a traditional residential zone would also trigger the need for multiple variances—including for density, height, and setbacks—none of which could reasonably meet the required findings for approval based on special circumstances applicable to the property.
In contrast, the R IOD overlay provides a clear and established framework that allows for increased density (up to 30 du/acre ) and greater flexibility in deviating from development standards without relying on variances or variance -type findings . The RIOD is not a workaround; rather, it is a tailored zoning solution that enables the City to facilitate more infill development in appropriate locations, consistent with the General Plan’s goals for housing production and efficient land use.
If approved, the applicant would develop 40 residential units. The current C2, General Business District zoning is intended to accommodate a wide range of goods and services, often less compatible with residential or institutional settings. Conversely, the proposed RIOD permits new residential housing opportunities in strategic locations along Harbor Boulevard and Newport Boulevard.
General Plan Amendment
The existing Land Use designation of “General Commercial” does not need to be changed to facilitate the proposed RIOD for the project in that the General Plan Land Use Element specifies that the RIOD is a consistent zoning classification in the “General Commercial” Land Use District. However, a General Plan amendment is needed to modify the Land Use Element maps, figures, text and tables to update the Land Use Element to specifically identify the subject property with a RIOD designation. The proposed Land Use Element update would result in a fifth property location being designated with this “Overlay” and enable residential development on the property up to 30 dwelling units per acre.
Rezone
A Zoning Code Amendment is required to re -zone the project site from C2 – General Business District to RIOD to implement the General Plan RIOD. The Zone Code Amendment will apply a specific set of zoning provisions outlined in Costa Mesa Municipal Code (CMMC) Article 12, Residential Incentive Overlay District, to the proposed RCID.
As an “overlay district”, the property’s base land use and zoning designations do not change. Pursuant to CMMC Section 13-83.64, development standards of the base zoning district still apply to properties that are designated with RIOD; however, are superseded by the overlay district standards when residential development is proposed. Only two RIOD sites have been developed: (1) The Lux Apartments, and (2) a section of the southeast portion of Newport Boulevard and Albert Place was converted from a “Motel 6” to apartments. (See Exhibit 7 and Exhibit 8 below).
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Tentative Tract Map
A Tentative Tract Map is a preliminary subdivision map required under the California Subdivision Map Act when a property is proposed to be divided into five or more lots, including for condominium developments. Although typically associated with dividing land into multiple parcels, a Tentative Tract Map is also required when a project proposes a condominium subdivision of airspace units, even if the underlying land results in just one legal lot. In this case, the applicant proposed to merge three existing parcels, approximately 1.77 acres , and create a one -lot subdivision for the development of residential condominium units, common areas, and private streets.
Since the residential units will be developed as condominiums, and pursuant to the RIOD development standards, the project is required to be developed as a "common interest development" that allows for individual ownership. The Tentative Tract Map proposes "air-space" subdivisions for each residential unit, meaning each owner would control the interior space of their unit (including any dedicated ground -floor open Exhibit 7 Lux Apartments (2277 Harbor Boulevard)
Exhibit 8 Mesa Vista Apartments (2274 Newport Boulevard) 346
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space areas), while all common areas would be jointly owned and maintained through a homeowners' association (HOA). As such, approval of the Tentative Tract M ap is required to merge the existing parcels and establish the airspace subdivision, in compliance with the to the Costa Mesa Municipal Code and Subdivision Map Act.
Master Plan
A Master Plan approval is required for all new development within the RIOD . The Master Plan process establishes the project’s overall design framework including consideration of deviations from development standards in exchange for high-quality projects. The proposed Master Plan proposes a mix of three-attached and detached residential condominiums, each featuring a two-car garage , with surface parking between the residential buildings . The development consists of 40 residential condominium units , comprised of 18 attached duplex buildings (36 units ) and four detached units. In response to City Council feedback the project incorporates several communal amenities, including a centrally located barbecue area, a children’s play area, and a flexible-use space, as shown in the site plan.
Also, in response to City Council’s comments regarding activation and revitalization of the landscape peninsula, along Victoria Place, the applicant is proposing a new passive recreation area along this frontage. The design includes seating areas, shade tr ees, landscaping, and a bioswale, which contribute to pedestrian amenities and provide stormwater management functions along the streetscape. Although the area will be situated within the City’s right -of-way, its ongoing maintenance will be the responsibility of the future residential homeowners’ association (HOA), ensuring its upkeep and integration with the community. This area will be open to the general public, providing a welcoming space for all community members to enjoy, not just residents of the development. As part of the Master Plan process, the project must comply with specific Master Plan findings.
Pursuant to the RIOD provisions, Section 13-83.63(e), deviation s from the RIOD development standards may be approved through the Master Plan process provided that the following findings can be made:
1. Strict interpretation and application of the overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of the General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan;
2. The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development; and
3. The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
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Site Design
The condominium development is proposed on a 1.77-acre site, which meets the minimum lot size requirement of 0.5 acres as established in the RIOD standards. The project provides a minimum 10-foot building separation, meeting the required standard for building-to-building separation. The site also includes a 20-foot landscape setback along Victoria Place, in compliance with both the RIOD and RCID standards for front yard setbacks. These components demonstrate the project’s compliance with applicable site design requirements related to minimum lot size, building separation, and front yard landscaping.
Deviation for Reduced Side and Rear Setbacks
The RIOD development standards require a minimum side setback of 20 feet. The project proposes a side setback of 7 feet, 6 inches, which does not meet the RIOD standard. However, the project complies with the RCID standard, which permits a minimum side setback of five feet. Since the project qualifies as a RCID and proposes to apply the RIOD designation to the site, it is subject to both sets of standards. As such, the applicant is requesting a deviation from the RIOD side setback requirement to allow a reduced side setback of 7 feet, 6 inches.
The RCID rear setback standard does not apply to this project, as the proposed development consists of three-story residential units and is not located within the R2 - MD, R2-HD, or R -3 zoning districts. Therefore, no minimum rear setback is required under t he RCID standards. However, the RIOD development standards require a minimum rear setback of 20 feet. The project proposes a rear setback of 11 feet, 3 inches, which does not meet the RIOD requirement. As such, the applicant is requesting a deviation from the RIOD rear setback standard to allow a reduced setback of 11 feet, 3 inches.
The intent of side and rear yard setbacks is to provide adequate separation between buildings for light, air circulation, and privacy between adjacent uses. The proposed side setback reduction from 20 feet to 11 feet, 3 inches would continue to meet this intent based on the surrounding context. To the west, the adjacent property is an automobile service center with a building located approximately 30 feet from the shared property line; to the east, the adjacent office building is set back approximately 50 f eet. To the north, the nearest residential units within the adjacent multi -family development are approximately 20 feet from the shared property line. Given these existing conditions and the continued physical separation between buildings, staff supports the proposed deviation as it maintains the functional intent of the setback requirements.
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Density
The project site is currently zoned C2 – General Business District. However, the applicant proposes to apply the RIOD to the site to allow for residential development and to be subject to the RIOD’s development standards. The RIOD is unique in that it establishes a maximum residential density of 30 dwelling units per acre, which is the highest residential density permitted by the City's development standards.
Additionally, because the project is a RCID, it is also subject to the RCID development standards.
The project proposes a density of 22.6 dwelling units per acre. This proposed density is in compliance with the RIOD, which allows a maximum density of up to 30 dwelling units per acre. As such, the project meets the applicable density standards established under the RIOD.
Pursuant to Costa Mesa Municipal Code Section (CMMC) 13- 41, Table 13-41(b) (Residential Common Interest Development Standards), the maximum density is tied to the underlying zoning district. Since the C2 – General Business District does not prescribe a maximum residential density, the closest applicable standard is the maximum Floor Area Ratio (FAR). Based on the site’s General Plan land use designation of General Commercial and the allowable vehicle trip generation thresholds, a maximum FAR of 0.75 applies.
Deviation for Floor Area Ratio
The proposed project includes a Floor Area Ratio of 1.43 and a residential density of
22.6 dwelling units per acre. Although the FAR exceeds the maximum 0.75 FAR standard, the proposed residential density is well within the 30 dwelling units per acre permitted by the RIOD. Additionally, the applicant has provided a trip generation memorandum demonstrating that the existing traffic infrastructure is adequate to support the proposed project without causing adverse impacts.
Unlike commercial development where FAR controls intensity and traffic impacts, residential projects are better evaluated through density standards (dwelling units per acre), especially under an overlay district such as the RIOD that is intended to facilitate residential opportunities. The proposed development's density aligns with the existing residential character along Victoria Street, where similar densities are observed.
Furthermore, the project includes a defined site layout with integrated community amenities, and contributes to the City’s goals of expanding homeownership opportunities. The project intensity is compatible with the purpose and intent of the RIOD and it would not exceed the capacity of existing public infrastructure. Therefore, staff finds that applying the density standard, rather than the commercial FAR standard, is appropriate and supports approval of the deviation.
Open Space, Co
mmon Open Space and Private Open Space
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The project proposes a total of 32,437 square feet of open space, which represents approximately 42% of the total site area. This amount exceeds the minimum open space requirement of 40% as established by both the RIOD and the RCID standards.
The project also complies with the common open space requirement, which requires that common open space areas be designed and located within the development to allow maximum use by all residents. The proposed site plan includes a centrally located barbecue and play area, along with a flexible-use space, all of which are accessible to residents and designed to support active and passive recreational use. In addition, the project meets the minimum private open space standards by providing private decks or patios for each unit. These private spaces exceed the required minimum of 100 square feet with no dimension less than 10 feet, as the proposed roof decks are approximately 230 square feet each, and each unit also includes private open space at the ground level.
Deviation to Common Use Open Sp
ace
In addition to the overall open space requirement, the RIOD standards require that at least 50% of the required open space (or 15,420 square feet) be designated as common use open space and include recreational amenities for children. The project proposes 9,817 square feet (32%) of common use open space, which falls short of the RIOD’s minimum standard.
However, the project does incorporate key recreational amenities, including a centrally located children's play area, a barbecue area, and a flexible-use open space, consistent with the intent of both the RIOD and RCID standards for community -oriented spaces.
Furthermore, while an off -site passive recreation area is not a required development standard, the applicant is voluntarily proposing one along Victoria Place. The area will feature landscaping, shade trees, seating areas, and a bioswale—a landscaped draining feature that helps manage stormwater by filtering runoff and allowing it to absorb into the ground. While the passive recreation area cannot be formally counted toward the common use open space calculation because it is located outside the development boundary, if considered, the total area dedicated to open space would be significantly closer to meeting minimum RIOD requirement. Since the project qualifies as a RCID and proposes to apply the RIOD designation, it must comply with both sets of standards. Therefore, the applicant is requesting a deviation to allow for 9,817 square feet of common use open space.
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Staff supports the deviation request given that the project advances the goals of providing functional and accessible recreational amenities for residents, both within the development and in the surrounding neighborhood. The project features a connected network of open space areas throughout the site, includ ing private open space, common open space, and areas that are publicly accessible.
Building Height and Architecture
The maximum building height allowed within the RIOD is three stories, with rooftop terraces permitted and not counted as an additional story. The project proposes three- story residential units with rooftop terraces, resulting in a total height of approximately 39 feet, six inches. The design includes a contemporary architectural style featuring varied rooflines, building setbacks, and articulation along the facades, which collectively help to break up the visual scale and massing of the buildings. As proposed, the project complies with the RIOD height standard.
Exhibit 9 Off-Site Passive Recreation Area
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Deviation to Building Height
While the RIOD permits a maximum height of three stories, the RCID standards limit building height to two stories. As such, the applicant is requesting a deviation from the RCID height limitation to allow for three-story buildings.
Staff supports the deviation request as the proposed building height is compatible with the existing three-story buildings along Victoria Street. Additionally, the stepped roof design and architectural articulation minimize the visual impact and ensure that the development blends well with the existing neighborhood character.
Landscaping
The project proposes approximately 16,368 square feet of on-site landscaping. Per the City’s Landscaping Standards (CMMC Chapter VII), landscape areas must consist of drought-tolerant plant materials and meet minimum diversity requirements based on total landscape square footage. The site plan demonstrates that private yards will be landscaped, with trees and shrubs planted throughout the community, including along roadways for shade, screening, and aesthetic enhancement.
The project features a diverse plant palette, including Hopseed Bush, Afghan Pine, Bloodgood London Plane, Compact Carolina Cherry Laurel, and Brisbane Box trees.
Drought-tolerant shrubs such as Blue Flame Agave, Emerald Blanket Natal Plum, Flax Lily, and Aprilgrun Fescue, along with native and drought -tolerant ground covers, are proposed to ensure a sustainable and visually appealing landscape. Exhibit 10 provides the full plant count, and the landscape palette is included on Plan Sheet L1.02.
As part of t he building permit plan check, final landscape plans will be reviewed and certified by a licensed California landscape architect to confirm compliance with CMMC and the City’s Water Efficiency Landscape Guidelines.
Requirement Proposed
Tree Count 82 (one 15-gallon tree or larger per
200 square feet of landscape area)
87 (24 are proposed at
36- inch box)
Shrub Count 656 (one shrub for every 25 square feet
of landscape area)
695
As part of the building permit plan check review, final landscape plans shall be prepared and certified by a California licensed landscape architect confirming that they comply with the Costa Mesa Municipal Code (CMMC) and water efficiency landscape guidelines.
Deviation for Landscape Parkway
The RCID and RIOD development standards require a combined 10-foot -wide landscape parkway (minimum three feet on one side) along common driveways or Exhibit 10 Landscaping Count
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interior private streets. In this case, to preserve the proposed residential unit count and maintain functional and efficient drive aisles, the project does not include the landscaped parkways along the private driveways. Therefore, the applicant is requesting a deviation from the RCID and RIOD parkway requirement.
The intent of landscape parkways within a condominium development is to enhance the visual character of the neighborhood, provide a buffer between pedestrian and vehicular areas, and contribute to the overall livability of the site. In this case, the applicant is requesting to omit traditional landscape parkways; however, the project incorporates landscaping between garages, private side yards, tree wells, common open spaces, and walkways entering the site that are surrounded by landscaping and trees. Staff supports the request, as the alternative landscape features provide comparable benefits in terms of visual quality and pedestrian experience and site aesthetics. The project’s landscape design, combined with the site layout and amenities, ensures the development is both attractive and supportive of the City’s long- term housing and community vision.
Parking
Pursuant to the RIOD, required parking for the proposed residential units is based on the City’s Off-Street Parking Standards in the CMMC. The City’s Residential Off -Street Parking Standards require that units with three or more bedrooms provide 3.5 parking spaces per unit and 0.5 guest parking spaces. However, if covered parking —such as garages or carports —is provided, the parking requirement can be reduced by 0.25 spaces per unit. In this proposal, all 40 units three-bedroom units include attached two- car garages, qualifying as covered parking. Therefore, the development requires 130 parking spaces and 20 guest parking spaces, totaling 150 spaces.
Deviations to Parking
Exhibit 11 Aerial View
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The applicant proposes 103 parking spaces, with a propos ed parking ratio of 2.58 spaces per unit, resulting in a shortfall of 47 parking spaces.
The proposed parking ratio would be consistent with other nearby developments along Victoria Street, such as Victoria Gardens (2.57 spaces per unit) and Ocean Breeze Villas (2.5 spaces per unit). Although a formal parking demand analysis specific to this project was not prepared, the proposed reduction in parking is supported by several contextual and project -specific factors. For example, a similar residential project of comparable size, unit count, and parking configuration was approved by the Planning Commission on February 10, 2025, for a 38-unit live/work condominium development located at 960 West 16th Street. That project included 100 total parking spaces —76 within private garages and 24 as open parking/driveway spaces. As part of the review, a parking study was conducted using empirical data from two existing live/work developments in the City: the Lighthouse Community (89 units) and the Level 1 development on Industrial Way (60 units). The study identified a peak mid-day parking demand of 2.57 spaces per unit.
The proposed project provides a parking ratio of 2.58 spaces per unit, consistent with comparable projects in the City. Additionally, public on -street parking is available along the south side of Victoria Place, which may serve as supplemental parking if needed. The project is also close to bike lanes and transit, providing access to car-free travel. Therefore, staff supports the parking deviation as the proposed parking supply is adequate to meet anticipated demand.
Deviations to Garage Di
mensions
The City’s Residential Off -Street Parking Standards require that all two -car garages provide a minimum unobstructed interior dimension of 20 feet wide by 20 feet long.
The proposed project includes a two-car garage for each residential unit; however, the garages are designed with interior dimensions of 19 feet, six inches wide by 20 feet long, which does not fully meet the City’s minimum requirement.
As a result, the applicant is requesting a deviation to allow an interior garage dimension of 19 feet, six inches by 20 feet for each unit. The intent of the 20 feet wide by 20 feet long interior garage standard is to ensure a two -car garage provides sufficient, functional space to park two standard -sized vehicles while allowing safe access in and out of the vehicles. A slight reduction in width (e.g., to 19 feet, 6 inches) would still meet this intent, as two vehicles can be accommodated without obstructing garage door operation, and there is adequate side to open doors and enter/exit the vehicles. Staff supports the request , as the garages remain adequately sized to accommodate two vehicles and the minor reduction in width does not affect functionality.
Deviation to Parking Stalls Located Between Buildings
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The City’s Parking Design Standards require that parking stalls (open and carports) with vertical obstructions on the sides —such as walls, fences, or landscaping —be increased by one foot beyond the standard width. For residential uses, the standard parking stall size is eight feet, six inches wide by 18 feet long; therefore, where vertical obstructions are present on both sides, the minimum required stall width is 10 feet, six inches. In this case, the project proposes open parking stalls located between residential units, where vertical obstructions are present on both sides. The proposed parking stall widths range from 10 feet to 11 feet, which does not fully meet the minimum width requirement in all instances. As such, the applicant is requesting a deviation to allow a minimum parking stall width of 10 feet. Of the 18 proposed parking stalls adjacent to vertical obstructions, 14 are proposed to be less than the required with of 10 feet, six inches—representing approximately 78% of the affected open stall count.
The intent of the increased stall width requirement is to ensure adequate space for vehicle parking and maneuvering when vertical obstructions are present, thereby minimizing potential damage to vehicles and maintaining safe and functional access for drivers. Despite the proposed reduction in stall width, the project continues to meet this intent by providing stall widths that are close to the minimum standard and still allow for practical use by most standard -sized vehicles. Given the minimal deviation, the proposed stall dimensions are not expected to compromise vehicle maneuverability or vehicle door operation.
Trip Generation
CMMC Section 13-275(e) indicates that any increase in traffic generation by a change of use that is required to obtain a discretionary permit, shall be subject to review by the appropriate reviewing authority, which may impose fees to address increased trip generation. If required, the fee collected is used to fund the City’s comprehensive transportation system improvement program. The purpose of the program is to ensure that the City’s transportation system has the capacity to accommodate additional trips.
The Citywide Traffic Impact Fee related to new and expanding developments is determined using estimated Average Daily Trips (ADT), which is the combined total number of vehicular trips both in and out of a development generated throughout an average weekd ay. The applicant submitted a trip generation study that has been reviewed by the City’s Transportation Division. The trip generation study indicated that the project would result in approximately 298 daily trips and would generate more trips compared to t he existing commercial uses. Therefore, a traffic impact fee will be required and is conditioned as part of the project. The fee calculation would be finalized during the building permit plan check process and be paid prior to building permit issuance.
Lastly, CMMC Section 13-275(a), specifies that “a traffic impact study shall be required for all development projects estimated by the Public Works Department to generate one hundred (100) or more vehicle trip ends during a peak hour.” The highest peak hour trips in either the AM or PM are used to estimate the number of vehicular trips generated both in and out of a new or expanded development, known as vehicle trip- 355
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ends during a peak hour. The City’s Transportation Services staff determined that the proposed project would result in approximately 21 AM and 35 PM peak hour trips, and thus a traffic study was not required.
Fire and Emergency Access
Based on the Fire and Rescue Department’s review of the project, there does not appear to be any significant issues that would preclude the project from moving forward. The Department has evaluated the proposed development for compliance with fire safety standards, including access for emergency vehicles, water supply for firefighting, and the design of fire protection systems. All identified requirements will be incorporated during the building permit phase to ensure the project meets all applicable requirements of the California Fire Code.
Airport Land Use Commission
The project site is entirely within the Airport Planning Area for John Wayne Airport, as defined by the Airport Land Use Commission (ALUC) of Orange County. Consequently, any proposed amendments to the General Plan, such as the one associated with the proposed three-story residential project, must be referred to the ALUC for a consistency determination prior to adoption by the City Council. If Planning Commission recommends approval, ALUC consistency must be confirmed before City Council action. This requirement aligns with Section 21676(b) of the California Public Utilities Code, which mandates that local agencies submit such proposals to the ALUC to ensure compatibility with the Airport Environs Land Use Plan (AELUP).
GENERAL PLAN CONFORMANCE
The proposed residential development fulfills the goals, objectives, and policies of the general plan by providing new housing opportunities and will create new temporary construction employment opportunities within the City . The following analysis further evaluates the proposed project’s consistency with applicable policies and objectives of the 2015-2035 General Plan.
1. Goal LU-1: Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure.
Consistency: The project will contribute to a balanced mix of uses in the area that includes providing additional housing opportunities, set among a variety of office, retail and service uses in the immediate area.
2. Objective LU-1A: Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure.
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Consistency: The project is a RCID that complies with the allowable density for the RIOD. Adequate infrastructure exists to serve the proposed project including water, electricity, gas, and sewer services. Therefore, the project is consistent with the General Plan objective.
3. Policy LU-1.3: Strongly encourage the development of residential uses and owner- occupied housing (single -family detached residences, condominiums, townhouses) where feasible to improve the balance between rental and ownership housing ownership opportunities.
Consistency: The project consists of demolishing an existing commercial property and constructing 40 new ownership units. The inclusion of 40 additional ownership units will improve the balance of rental and ownership housing in the City.
4. Objective LU-2A: Promote land use patterns and development that contribute to community and neighborhood identity.
Consistency: The redevelopment of underutilized commercial properties into a 40-unit residential community is designed to enhance the surrounding area. The project features contemporary architectural designs, articulated building forms, and extensive landscaping improv ements that will elevate the site's visual character. Privacy for both existing and future residents is maintained through the construction of block walls between the units . Additionally, the project integrates a passive recreation area adjacent to Victoria Place, providing seating areas, shade trees, enhanced landscaping, a bioswale, and other amenities. The internal orientation of all residential units toward the new private streets enhances pedestrian activity and promotes visibility. Collectively, these design elements strengthen the identity of the area, contribute positively to the community, and ensure consistency with this objective.
5. Policy HOU -3.2: Encourage the development of well‐ planned and designed residential or mixed‐use projects which, through vertical or horizontal integration, provide for the development of compatible residential, commercial, industrial, institutional, or public uses within a single project, neighborhood, or geographic area within the City.
Consistency: The project is a well-planned and designed residential project.
The project is compatible with surrounding uses including industrial, commercial and residential uses as the project improves the neighborhood by providing a carefully designed streetscape along Victoria Place, featuring, street-facing windows that promote visibility and neighborhood interaction, as well as enhanced landscaping that softens the built environment.
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ZONING AND RESIDENTIAL INCENTIVE OVERLAY DISTRICT CONFORMANCE
The project site is currently zoned C2 – General Business District, which aligns with the General Commercial land use designation in the City’s General Plan. This zoning permits a broad range of commercial uses.The applicant proposes a Zoning Code Amendment to rezone the site from C2 to the RIOD. This change aims to implement the General Plan's Residential Incentive Overlay designation and facilitate a residential development through a Master Plan.
Upon approval of the Master Plan, the RIOD standards will supersede those of the underlying C2 zoning, as stipulated in the Costa Mesa Municipal Code (CMMC) Article
12. Consequently, the project will be subject to the development standards outlined in CMMC Article 12 for the RIOD and Article 2 for RCID.
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.
General Plan Amendment (PGPA-24-0001)
According to Costa Mesa Municipal Code Section 13-29(g), there are no specific findings required for a General Plan Amendment. Such amendments are considered legislative actions and are subject to the discretion of the City Council. In this case, the proposed General Plan Amendment seeks to modify the Land Use Element's maps, figures, text, and tables to apply the RIOD designation to the subject property. The underlying land use designation of General Commercial would remain unchanged.
Below is staff's justification in support of the proposed general plan amendment:
• T
he proposed project would contribute to the City meeting its City’s 6 thcycle RHNA allocations
The City of Costa Mesa's 6th Cycle (2021–2029) Housing Element identifies specific sites to meet the State -mandated Regional Housing Needs Allocation (RHNA) of 11,760 units. The proposed project site is not among these designated housing opportunity sites. Consequently, any residential units approved on this site would contribute additional market -rate housing beyond the City's assigned RHNA, as long as building permits are issued by the end of the planning period in December 2029, thereby supporting the City's broader housing objectives.
The project proposes 40 new ownership housing units, which would enhance the balance between rental and ownership housing in the City. This aligns with General Plan Policy LU-1.3, which encourages the development of owner-occupied housing, 358
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such as single-family residences, condominiums, and townhouses, to improve the rental-to-ownership ratio. By facilitating this development through the RIOD , the City can promote homeownership opportunities without altering the existing General Commercial land use designation.
• T he proposed density at 22.6 du/acre is appropriate given the property’s location, site size, and design of the project.
Residential Common Interest D evelopments offer several community benefits, including reduced traffic congestion and enhanced walkability. By concentrating housing units within a compact area, such developments can decrease reliance on automobiles, leading to fewer vehicle trips compared to traditional low -density neighborhoods. The project includes pedestrian pathways that provide access to nearby amenities and services, consistent with General Plan policies that encourage walkability and connectivity.
The proposed project's density aligns with the existing residential character along Victoria Street, where similar densities are present. Moreover, the development incorporates design features that provide community-oriented amenities such as a barbecue area, children's play area, flex -use space, and proximity to an adjacent off-site passive recreation area. These features contribute to the City's objective of expanding homeownership opportunities. The project's intensity is consistent with the purpose and intent of the RIOD and is designed to operate within the capacity of existing public infrastructure.
Rezone
Pursuant to Title 13, Section 13-29(g)(11), Findings, of the CMMC, in order to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets the following applicable required Rezone findings:
• The proposed rezone is consistent with the Zoning Code and the general plan and any applicable specific plan.
The proposed rezone is consistent with the Zoning Code, the General Plan, and applicable planning documents. Specifically, the applicant is requesting to rezone the project site by applying the RIOD zoning overlay over the existing C2 – General Business Di strict zoning. This overlay would implement the General Plan’s Residential Incentive Overlay designation and allow for the development of a RCID pursuant to the provisions of Article 12 (Residential Incentive Overlay District) of the Costa Mesa Municipal Code (CMMC).
To facilitate this rezoning, a General Plan Amendment is also proposed to formally apply the RIOD to the project site. This amendment would modify the Land Use 359
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Element maps, figures, text, and tables to reflect the new overlay designation while maintaining the underlying General Commercial land use designation. Per Table LU-19: General Plan and Zoning Consistency of the General Plan Land Use Element, the RIOD is considered consistent with the General Commercial land use designation. Therefore, the proposed rezone and General Plan Amendment align with the City’s land use framework and are necessary to support the proposed residential development.
Tentative Tract Map No. 19351
Pursuant to Title 13, Section 13-29(g)(13), Findings, of the CMMC, in order to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets the following applicable required Tentative Tract Map findings:
• T
he creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and this Zone Code. proposed rezone is consistent with this Zoning Code.
The creation of the subdivision aligns with the General Plan by promoting residential development that meets the community's housing needs. Additionally, the subdivision complies with the local Zoning Code and State laws by conforming to established develo pment regulations. Overall, this project supports the City's vision for balanced development and ownership housing.
• The proposed use of the subdivision is compatible with the general plan.
The proposed development aligns with the General Plan by addressing the critical need for housing options within the community. Located near transportation routes and commercial and residential corridors, this development promotes the City's goals of incre asing residential density while enhancing accessibility to essential services and transportation. Furthermore, the project supports the General Plan's emphasis on creating inclusive neighborhoods, thereby fostering a supportive environment for a mix of populations and contributing to the overall well -being of the community.
• The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and general plan, and consideration of appropriate environmental information.
The proposed development will be situated in an urbanized area. The site meets the minimum lot size requirement and is a typical shaped lot that can accommodate the buildings and necessary utilities. Grading activities could potentially disturb limited areas of shallow soils impacted by past boat storage and repair operations; 360
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however, contamination levels are below regulatory thresholds for the site’s current use. With implementation of Mitigation Measure HAZ-1, requiring a Soil Management Plan during grading, the project would not result in substantial environmental damage related to hazardous materials. There are no wildlife habitat or bodies of water on the site or nearby, further ensuring that the development will not result in substantial environmental damage. This strategic location allows for the efficient use of already developed land, minimizing the need for additional site disturbance and preserving green spaces elsewhere in the community. By repurposing this underutilized area, the project will provide much-needed ownership housing.
• The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code section 66473.1.
The design of the proposed development considers the orientation of the lot, aligning in a manner that maximizes solar exposure, ensuring natural passive heating during colder months. Additionally, the layout incorporates an outdoor barbeque and children play area at the center of the development and green spaces to promote natural airflow and cooling, minimizing the need for artificial heating or air condition. This approach reflects the principals outlined in State Government Code section 66473.1.
• The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract.
The proposed development has been designed to ensure that all existing public entity and utility rights -of-way and easements within the subdivision remain accessible and unobstructed. Coordination with utility providers and the City will be maintained throughout the development process to avoid any disruptions and ensure that essential services can continue to operate efficiently.
• The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13000).
The applicant has submitted a Preliminary Water Quality Management Plan (PQWMB), which demonstrates that the project will implement best management practices to effectively manage wastewater and prevent any violations of water quality standards.
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Master Plan
Pursuant to Title 13, Section 13-29(g)(5), Findings, of the CMMC, in order to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets the following applicable required Master Plan findings:
• The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development.
The proposed development is consistent with the broader goals of the General Plan by promoting housing opportunities, as specified in General Plan Land Use Objective LU1-A, Land Use Policy LU-1.3, Land Use Objective LU -2A, and Housing Element Policy HOU -3.2. Additionally, the project design reflects architectural standards and site planning that maintains the character and integrity of the surrounding residential and commercial areas. By prioritizing amenity connectivity and experience, the development fosters a sense of place while contributing to the overall livability of a highly urbanized environment.
• Master plan findings for mixed -use development projects in the mixed -use overlay district are identified in Chapter V, Article 11, mixed -use overlay district.
The proposed development a residential development and not located within a mixed-use overlay district. Therefore, these master plan findings do not apply.
• As applicable to affordable multi -family housing developments, the project complies with the maximum density standards allowed pursuant to the general plan and provides affordable housing to low or very- low income households, as defined by the California Department of Housing and Community Development. The project includes long -term affordability covenants in compliance with state law.
The proposed development includes 40 residential ownership units that are proposed to be sold at market rate. The project complies with the maximum density standards allowed pursuant to the proposed RIOD . No affordability covenants are proposed because the project is not required to provide affordable housing in line with the City’s inclusionary ordinance nor is the project proposing affordable housing.
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Master Plan for Residential Incentive Overlay District
Pursuant to Title 13, Section 13-83.63(c), Findings, of the CMMC, in order to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets the following applicable required Master Plan for Residential Incentive Overlay District findings:
• The project is consistent with the General Plan and meets the purpose and intent of the residential incentive overlay district.
The proposed development is consistent with the broader goals of the General Plan by promoting housing opportunities, as specified in General Plan Land Use Objective LU1-A, Land Use Policy LU-1.3, Land Use Objective LU -2A, and Housing Element Policy HOU-3.2. Additionally, the project meets the purpose and intent of the RIOD as the project provides new housing opportunities and the design reflects architectural standards and site planning that maintains the character and integrity of the surrounding resident ial and commercial areas. By prioritizing amenity connectivity and experience, the development fosters a sense of place while contributing to the overall livability of a highly urbanized environment.
• The project includes adequate resident-serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas.
The project provides a mix of private and shared open space amenities that support both individual and community needs. Each unit includes a private rear yard, a covered second -floor balcony directly accessible from the living room, and an approximately 23 0-square-foot roof deck, providing multiple outdoor living opportunities. These features are complemented by common amenities such as a barbecue area, children’s play area, and flex -use space, which encourage community interaction and recreation. In addition, the project’s proximity to a proposed adjacent off-site passive recreation area further enhances the quality of life for residents and reflects strong site planning consistent with this finding.
• The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, toxic emanations, and air pollution.
The project is consistent with residential development standards and has been designed and conditioned to protect future residents from potential environmental impacts such as noise, vibration, light, glare, and air quality. The Mitigated Negative Declaration concludes that noise impacts will be less than significant, as the project's trip generation is minimal and would not noticeably affect existing traffic noise levels. Construction and operational vibration impacts are also expected to 363
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be less than significant, and the project has been conditioned to include a lighting plan and photometric study to ensure light and glare are appropriately managed.
Furthermore, the project's operations are not anticipated to pose any health risks to nearb y sensitive receptors, confirming that it meets all applicable health standards for residential use.
• The proposed residences have adequate separation and screening from adjacent commercial uses through site planning considerations, structural features, landscaping, and perimeter walls.
The proposed development ensures appropriate separation and screening from neighboring residential and commercial properties. Adjacent land uses include office spaces, automotive services, and multi-family residential units. To the west, Herb’s Garage, an auto service center, is situated behind block walls, providing a physical barrier. To the east, an underutilized parking lot associated with an existing office building is also screened by block walls. Landscaping is incorporated along all property setbacks, enhancing the visual buffer and contributing to the aesthetic integration with surrounding uses.
Deviations from Residential Incentive Overlay District Development Standards Pursuant to Title 13, Section 13-83.63(e ), Findings, of the CMMC, in order to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets the following applicable required Deviation from Residential Incentive Overlay District Development Standards findings:
• Strict interpretation and application of the overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of the General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan.
The proposed project meets the intent of the RIOD by providing well-designed residential development that aligns with the goals of the General Plan. While the project includes deviations for floor area ratio (1.43 FAR), building height, common use open space, landscape parkways, garage dimensions, parking, and setbacks, these adjustments allow for efficient site planning and enhanced residential amenities. The development includes roof decks, private rear yards, and covered balconies for each unit, supporting livability and quality of life. Although the project proposes 9,817 square feet of common use open space —less than the RIOD’s minimum requirement—it includes amenities like a barbecue area, children’s play space, flex-use space, and proximity to a proposed adjacent passive recreation area, fulfilling the intent of the standard.
The parking deviation still results in a reasonable parking ratio of 2.58 spaces per unit, with garages and conveniently located open stalls. Reduced side and rear setbacks allow for a more compact and efficient layout that maintains compatibility with surrounding land uses. Though the garage dimensions and stall widths are 364
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slightly below standard, the design distributes parking accessibly throughout the site. Overall, the requested deviations facilitate the development of a residential project on an underutilized infill site within an urbanized area, consistent with Land Use Objectives LU1-A and LU-2A and Housing Element Policy HOU-3.2, by offering high-quality, accessible housing within an urban corridor.
• The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development.
The proposed development includes a cohesive architectural style, the use of high- quality materials, and a well-organized internal circulation that supports both aesthetics and site functionality. The project includes landscaping, rooftop decks, private rear yards, and second-floor balconies for each unit, which provide outdoor space and amenities commonly associated with residential development. The development also includes community-oriented amenities such as a barbecue area, children's play zone, and a flex -use space, promoting a vibrant and engaging environment. Despite requesting deviations for building height, FAR, setbacks, open space, and parking, the project remains compatible with surrounding land uses and maintains an appropriate scale and massing co nsistent with nearby developments. The proposed site layout efficiently uses the available land while preserving a strong sense of community and contributing positively to neighborhood character.
• T
he granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
The requested deviations will not be detrimental to public health, safety, or welfare, nor will they negatively impact surrounding properties or improvements. The project has undergone thorough environmental review through a Mitigated Negative Declaration, which determined that potential impacts related to noise, air quality, traffic, and hazardous materials would be less than significant with a few mitigation measures. The development includes appropriate setbacks, enhanced landscaping, and on -site ameniti es that promote a livable environment while maintaining compatibility with neighboring uses. Additionally, a trip generation memo confirms that the existing street infrastructure can accommodate the project without causing adverse traffic impacts. The overall design supports safe and efficient circulation for vehicles and pedestrians and aligns with City standards to ensure a well-integrated residential neighborhood.
ENVIRONMENTAL DETERMINATION
A Draft Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA). The MND examines the potential environmental impacts of the proposed project and focuses on the changes to the existing environment that would result from the proposed project. The MND examines 365
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all stages of the project, including construction and operation.
The MND evaluated the proposed project’s potential environmental impacts on various topics ( e.g. air quality, aesthetics, hydrology and water quality, land use, etc.) and identified specific mitigation measures to lessen environmental impacts whenever feasible. In accordance with CEQA Guidelines Section 15072 the Draft MND was made available for a public comment period beginning on April 1, 2025, and ending at 5:00 p.m. on April 30, 2025. Copies of the Initial Study, the proposed MND, and supporting materials were available for public review at City Hall and other public facilities including online.
MND Including Response to Comments
A total of two comments were received from public agencies, one from the California Department of Transportation and the other from Department of Toxic Substances Control. Copies of all comments received and responses to the comments are provided as an attachment to this staff report. The Final MND consists of the response to comments, errata and Mitigation M onitoring and Reporting Program (MMRP). The response to comments is responses to the public comments received during the public review period of the Draft MND. The errata makes minor changes to the Draft MND that do not affect the overall conclusions of the environmental document. The MMRP is a comprehensive list of all mitigation measures identified in the Draft MND.
Summary of Significant Environmental Impacts and Mitigation Measures
The MMRP lists the mitigation based on each environmental topic with mitigation measures required in order to reduce the project's potentially significant impacts. The MMRP also specifies which City department is responsible for monitoring and ensuring compliance with the mitigations. The MMRP also includes timing of when the mitigation measure applies e.g. prior to issuance of building permits, during ground disturbance activities, etc. The MMRP includes mitigation measures for environmental impacts that were found to be less than significant with mitigation incorporated for the following environmental factors identified in the Draft MND:
• Geology and Soils
• Cultural Resources
• Transportation
• Hazards and Hazardous Materials
• Tribal Cultural Resources
ALTERNATIVES
Planning Commission alternative recommendations to the City Council include the following:
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1. Recommend approval of the project with modifications . In consideration of any required findings or project use operations, the Planning Commission may suggest specific project changes. If any of the additional requested changes are substantial, the hearing could be continued to a future meeting to allow a redesign or additional analysis. Should significant modifications occur, sta ff would return with a revised resolution and/or ordinance incorporating new findings and/or conditions for consideration by the City Council.
2. R
ecommend denial of the project. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should recommend denial of the application, provide facts in support of denial, and direct staff to incorporate the findings into a Resolution for City Council denial. If the project is denied, the applicant could not submit substantially the same type of application for six months from the City Council’s decision for denial.
LEGAL REVIEW
The draft Resolution and Ordinance and this report have been 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 20 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 on Wednesday, May 14, 2025. 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 on Friday, May 16, 2025.
3. Newspaper publication. A public notice was published once at least 10 days before the Planning Commission meeting in the Daily Pilot newspaper on Friday, May 16, 2025.
As of the date this report was circulated, no written public comments have been received.
Any public comments received prior to the June 9, 2025, Planning Commission meeting will be provided separately.
CON
CLUSION
Approval of the project would facilitate the development of 40 new for -sale condominium units, expanding homeownership opportunities and contributing to the City’s market-rate housing supply in alignment with the goals of the General Plan and Housing Element. The applicant has incorporated City Council feedback provided during the screening process, and the proposed development is consistent with the 367
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General Plan, Zoning Code, State Law, and all necessary findings can be made . The site is adequately served by existing infrastructure and falls within a Measure K corridor, which encourages new housing in commercial and industrial zones while preserving the character of existing residential neighborhoods. The residential use is compatible with surrounding land uses and is not anticipated to conflict with existing or future development. Therefore, staff recommends that the Planning Commission recommend City Council approval of the proposed project.
ATTACHMENTS
1. Draft Resolution
• Resolution Exhibit D1 – Public Works Conditions
2. Draft Resolution – MND
• Exhibit A – Draft IS/MND
• Exhibit B – Final IS/MND
3. Draft Ordinance – Rezone
4. Applicant Letter
5. Vicinity Map
6. Zoning Map
7. Land Use Map
8. Public Comments
9. Plans
10. Trip Generation Memo
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PARTIDA, ANNA
From:
Sent:
To:
Subject:
Jan Harmon <[email protected]>
Monday, June 9, 2025 10:48 AM
PC Public Comments
RE: Development of 40 Residential Condominium Units Located at 220, 222, 234, and 236 Victoria Street.
I have been a Costa Mesa resident since 1974. I have been driving the streets of Costa Mesa watching them become more and more busy with traffig especially in the last 10 years. The Costa Mesa Planning Commission is now looking at a proposal for the Development of 40 Residential Condominium Units Located at 220, 222, 234, and 236 Victoria Street. ThisprojectisunreasonableandwilLfurtherimpactthetrafficattheintersectionofVictoriaStreetand Newport Blvd.
I also object to the project based on the following deviations from The Master Plan:
The allowable height is two stories, but the condos are three stories, plus the roof top deck. * Because this is a residential common interest development, it needs a floor area ratio (FAR) calculation. The units are 1.43 FAR, nearly twice the.75 that is allowed.
The common use open space will only be 9,817 sq ft versus the 15,420 that is required. * ThesetbackswiLLbereduced;thesidesetbackwiLlbe7ft6insteadojtherequired20feet, and the rear setback wiLL be 1l ft 3 inches instead of 20 feet.
Parking spaces wiLL be 103 instead of the 150 required. * The garages will be smaller and the parking stalls between the buiLdings witL be narrower. 1 0-foot landscaped parkways are required, but this project has none.
Please da net altOW thiS proposal tO gO forward.
Sincerely,
Jan Harmon
Costa Mesa Resident since 1974
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities tothe Information Technology Department.
1 ATTACHMENT 10
369
RESOLUTION NO. PC-2025-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA, CALIFORNIA RECOMMENDING CITY
COUNCIL DENIAL OF A GENERAL PLAN AMENDMENT (PGPA- 24-0001), REZONE, MASTER PLAN (PMAP-24-0002), AND
TENTATIVE TRACT MAP N0. 1935'l FOR THE
DEVELOPMENT OF 40 RESIDENTIAL CONDOMINIUM UNITS
LOCATED AT 220, 222, 234, and 236 VICTORIA STREET ("VICTORIA PLACE")
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA FINDS AND DECLARES AS FOLLOWS:
WHEREAS, a General Plan Amendment, Rezone, Tentative Tract Map, and Master Plan, was filed by Bundy-Finkel Architects, on behalf of WMC, LLC, requesting approval of the following: General Plan Amendment, Rezone, Master Plan, and Tentative Tract Map to facilitate the development of a 40-unit residential common interest development project located at 220, 222, 234, and 236 Victoria Street; WHEREAS, pursuant to Costa Mesa Municipal Code (CMMC) Section 13-83.63(a) and City Council Policy 500-2, a project screening is required for all residential development proposals within the RIOD, as well as for any privately-initiated General Plan Amendment;
WHEREAS, a screening provides awareness of the application to the community and gives the City Council an opportunity to offer comments on the merits and appropriateness of the proposed development before the applicant submits the formal planning application(s);
WHEREAS, a screening for General Plan Amendment (PSCR-24-0001 ) and RIOD was conducted by the City Council August 6, 2024, pursuant to the requirements of the CMMC Section 13-83.63(a) and City Council Policy 500-2; WHEREAS, a General Plan Amendment is required to modify the Land Use Element's maps, figures, text and tables to apply a RIOD zoning designation to the subject property, as the site currently has a land use designation of General Commercial, which does not allow residential development;
ATTACHMENT 11
370
WHEREAS, General Plan Amendment (PGPA-24-0001) requested the following revisions to the Land Use Element;
1. Figure LU-3 - apply the RIOD designation to the project site, without changing the underlying General Commercial land use designation
2. Figure LU-9 - amend text apply the RIOD designation to the project site
3. TableLU-16-updatetheNewportBoulevardRIODDensityColumnto117 units and total combined units to 478 units and remove the FloorArea Ratio section as FAR no longer applies to the RIOD
4. Figure LU-11: Residential Incentive Overlay: Newport Boulevard by revising exhibits to show the RIOD designation to the project site and revising allowable maximum residential units to 117 units and removing commercial square footage
WHEREAS, based on the proposed General Plan Amendment, a Rezone is requested to establish consistency between the General Plan and Zoning Code and apply the RIOD zoning designation to the subject project site, currently zoned C2 - General Business District, to facilitate the residential development while maintaining the underlying commercial zoning;
WHEREAS, the Master Plan (PMAP-24-0002) proposes a 40-unit residential development and is consistent with and meets the objectives of the General Plan as market-rate housing is encouraged and is compatible with the existing commercial and residential uses nearby;
WHEREAS, the applicant proposed to deviate from the following development standards: increased floor area ratio; reduced common use open space; increased building height; reduce side setback; reduced rear setback; omit landscape parkways; reduced parking; reduced garage space; and reduced parking space next to buildings; WHEREAS, Tentative Tract Map No. 1 935'l is a request to subdivide the property for future individual ownerships through the condominium subdivisions process; WHEREAS, the Planning Commission is the recommending body and the City Council is the final decision-maker for the Mitigated Negative Declaration and Mitigation 371
Monitoring and Reporting Program, General Plan Amendment, Rezone, Master Plan, and Tentative Tract Map;
WHEREAS, a duly-noticed public hearing was held by the Planning Commission on June 9, 2025 with all persons having the opportunity to speak for and against the proposal; WHEREAS, on June 9, 2025, the Planning Commission recommended denial of the proposed project, citing concerns with discussed traffic impacts, public safety, and the appropriateness of applying the Residential Incentive Overlay District zone given the project's various deviations from the Municipal Code.
NOW, THEREFORE, based on the evidence in the record, the Planning Commission hereby RECOMMENDS City Council take the following actions:
1. Deny General Plan Amendment PGPA-24-0001 to modify the Land Use Element's maps, figures, text and tables to apply a RIOD zoning designation to the subject properly, as the site currently has a land use designation of General Commercial, which does not allow residential development; and
2. Deny request to rezone the project site by applying the RIOD zoning designation to the subject project site, currently zoned C2 - General Business District, to facilitate the residential development while maintaining the underlying commercial zoning; and
3. Deny Master Plan PMAP-24-0002 for a 40-unit residential common interest development; and
4. Deny Tentative Tract Map No. 19351 to subdivide the properties for condominium purposes.
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 9th day of June, 2025.
Je
Costa
372
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITYOFCOSTAMESA )
1, Carrie Tai, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC-2025-09 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on June 9, 2025, by the following votes:
AYES: Harlan, Zich, Martinez, Klepack, Rojas
NOES: Dickson, Andrade
ABSENT: None
ABSTAIN: None
Costa Mesa Planning Commission
Resolution No. PC-2025-09
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Resolution No. 2025-xx Page 1 of 55
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, APPROVING A GENERAL PLAN AMENDMENT
(PGPA-24-0001), MASTER PLAN (PMAP -24-0002), A ND
TENTATIVE TRACT MAP NO. 19351 FOR THE
DEVELOPMENT OF 40 RESIDENTIAL CONDOMINIUM UNITS
LOCATED AT 220, 222, 234, and 236 VICTORIA STREET
(“VICTORIA PLACE”)
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA FINDS AND DECLARES AS FOLLOWS:
WHEREAS, a General Plan Amendment, Rezone, Tentative Tract Map, and Master Plan, was filed by Bundy-Finkel Architects, on behalf of WMC, LLC, requesting approval of the following: General Plan Amendment, Rezone, Master Plan, and Tentative Tract Map to facilitate the development of a 40-unit residential common interest development project located at 220, 222, 234, and 236 Victoria Street;
WHEREAS, pursuant to Costa Mesa Municipal Code (CMMC) Section 13-83.63(a) and City Council Policy 500 -2, a project screening is required for all residential development proposals within the RIOD, as well as for any privately-initiated General Plan Amendment;
WHEREAS, a screening provides awareness of the application to the community and gives the City Council an opportunity to offer comments on the merits and appropriateness of the proposed development before the applicant submits the formal planning application(s);
WHEREAS, a screening for General Plan Amendment (PSCR-24-0001) and RIOD was conducted by the City Council August 6, 2024, pursuant to the requirements of the CMMC Section 13-83.63(a) and City Council Policy 500-2; WHEREAS, a General Plan Amendment is required to modify the Land Use Element’s maps, figures, text and tables to apply a RIOD zoning designation to the subject property, as the site currently has a land use designation of General Commercial, which does not allow residential development;
WHEREAS, General Plan Amendment (PGPA -24-0001), includes the following revisions to the Land Use Element, and as depicted in further details in Exhibit A attached hereto:;
ATTACHMENT 12
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Resolution No. 2025-xx Page 2 of 55
1. Figure LU-3 – apply the RIOD designation to the project site, without changing the underlying General Commercial land use designation
2. Figure LU-9 – amend text apply the RIOD designation to the project site
3. Table LU-16 – update the Newport Boulevard RIOD Density Column to 117 units and total combined units to 478 units and remove the Floor Area Ratio section as FAR no longer applies to the RIOD
4. Figure LU -11: Residential Incentive Overlay: Newport Boulevard by revising exhibits to show the RIOD designation to the project site and revising allowable maximum residential units to 117 units and removing commercial square footage
WHEREAS, based on the proposed General Plan Amendment, adoption of Ordinance No. 25-__ for the Rezone is necessary to establish consistency between the General Plan and Zoning Code;
WHEREAS, consistent with the General Plan Amendment, the Rezone will apply the RIOD zoning designation to the subject project site, currently zoned C2 – General Business District, to facilitate the residential development while maintaining the underlying commercial zoning;
WHEREAS, the Master Plan (PMAP-24-0002) proposes a 40 -unit residential development and is consistent with and meets the objectives of the General Plan as market-rate housing is encouraged and is compatible with the existing commercial and residential uses nearby;
WHEREAS, the applicant proposes to deviate from the following development standards: increased floor area ratio; reduced common use open space; increased building height; reduce side setback; reduced rear setback; omit landscape parkways; reduced parking; reduced garage space; and reduced parking space next to buildings; WHEREAS, Tentative Tract Map No. 19351 is a request to subdivide the property for future individual ownerships through the condominium subdivisions process; WHEREAS, a duly-noticed public hearing was held by the Planning Commission on June 9, 2025 with all persons having the opportunity to speak for and against the proposal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring and 375
Resolution No. 2025-xx Page 3 of 55
Reporting Program was prepared in compliance with CEQA and the local environmental review guidelines;
WHEREAS, on June 9, 2025, the Planning Commission recommended denial of the proposed project with a 5-2 vote (Commissioner Dickson and Commissioner Andrade voting no).
NOW, THEREFORE , based on the evidence in the record and the findings contained in Exhibit B, and subject to the conditions of approval contained within Exhibit C and Exhibit D1, and all the mitigation measures included in the Mitigation Monitoring and Reporting Program contained within Exhibit D, the City Council hereby RESOLVES as follows:
1. Approve General Plan Amendment PGPA-24-0001 to modify the Land Use Element’s maps, figures, text and tables to apply a RIOD zoning designation to the subject property, as the site currently has a land use designation of General Commercial, which does not allow residential development; and
2. Approve Master Plan PMAP -24-0002 for a 40 -unit residential common interest development; and
3. Approve Tentative Tract Map No. 19351 to subdivide the properties for condominium purposes.
BE IT FURTHER RESOLVED that the 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Master Plan and Tentative Tract Map and upon applicant’s compliance with each and all of the conditions in Exhibit C, 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 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 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.
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Resolution No. 2025-xx Page 4 of 55
PASSED AND ADOPTED this 15th day of July, 2025.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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. 2025-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of July, 2025, 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 15th day of July, 2025.
___________________________
Brenda Green, City Clerk
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Resolution No. 2025-xx Page 5 of 55
EXHIBIT A
GENERAL PLAN AMENDMENT PGPA-24-0001
Amendment to Land Use Map (Figure LU-3)
Update Land Use Map by applying the Residential Incentive Overlay District designation to the project site, without changing the underlying General Commercial land use designation:
Residential Incentive Overlay (30 du/ac)
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Resolution No. 2025-xx Page 6 of 55
Amendment to Overlays and Urban Plans (Figure LU-9)
Update Figure LU-9: Overlays and Urban Plans by applying the Residential Incentive Overlay District designation to the project site, without changing the underlying zone:
Residential Incentive Overlay (30 du/ac)
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Resolution No. 2025-xx Page 7 of 55
Amendment to Residential Incentive Overlay (Table LU-16)
Update Table LU-16: Residential Incentive Overlay by updating the Newport Boulevard Residential Incentive Overlay Density Column to 117 units and total combined units to 478 units and remove the Floor-Area Ratio (FAR) calculation as FAR no longer applies to the RIOD:
380
Resolution No. 2025-xx Page 8 of 55
Amendment to Residential Incentive Overlay: Newport Boulevard (Figure LU-11)
Update Figure LU-11: Residential Incentive Overlay: Newport Boulevard by revising exhibits to show the Residential Incentive Overlay designation to the project site and revising allowable maximum residential units to 117 units and removing commercial square footage.
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Resolution No. 2025-xx Page 9 of 55
EXHIBIT B
FINDINGS
A. General Plan Amendment (PGPA-24-0001)
According to Costa Mesa Municipal Code Section 13 -29(g), there are no specific findings required for a General Plan Amendment. Such amendments are considered legislative actions and are subject to the discretion of the City Council. In this case, the proposed General Plan Amendment seeks to modify the Land Use Element's maps, figures, text, and tables to apply the Residential Incentive Overlay District (RIOD) designation to the subject property. The underlying land use designation of General Commercial would remain unchanged.
Below is staff's justification in support of the proposed general plan amendment:
The proposed project would contribute to the City meeting its City’s 6 thcycle RHNA allocations.
Facts in Support: The City of Costa Mesa's 6th Cycle (2021 –2029) Housing Element identifies specific sites to meet the State -mandated Regional Housing Needs Allocation (RHNA) of 11,760 units. The proposed project site is not among these designated housing opportunity sites. Consequently, any residential units approved on this site would contribute additional market-rate housing beyond the City's assigned RHNA, as long as building permits are issued by the end of the planning period in December 2029, thereby supporting the City's broader housing objectives.
The project proposes 40 new ownership housing units, which would enhance the balance between rental and ownership housing in the City. This aligns with General Plan Policy LU -1.3, which encourages the development of owner- occupied housing, such as single -family residences, condominiums, and townhouses, to improve the rental -to-ownership ratio. By facilitating this development through the RIOD, the City can promote homeownership opportunities without altering the existing General Commercial land use designation.
The proposed density at 22.6 du/acre is appropriate given the property’s location, site size, and design of the project.
Facts in Support: Residential Common Interest D evelopments offer several community benefits, including reduced traffic congestion and enhanced walkability. By concentrating housing units within a compact area, such developments can decrease reliance on automobiles, leading to fewer vehicle trips compared to traditional low -density neighborhoods. Th e project includes pedestrian pathways that provide access to nearby amenities and services, 382
Resolution No. 2025-xx Page 10 of 55
consistent with General Plan policies that encourage walkability and connectivity.
The proposed project's density aligns with the existing residential character along Victoria Street, where similar densities are present. Moreover, the development incorporates design features that provide community-oriented amenities such as a barbecue area, children's play area, flex -use space, and proximity to an adjacent passive recreation area . These features contribute to the City's objective of expanding homeownership opportunities and enhancing community well-being. The project's intensity is consistent with the purpose and intent of the RIOD and is designed to operate within the capacity of existing public infrastructure.
B.
The proposed project complies with Costa Mesa Municipal Code Section 13 - 29(g)(11) “Rezone Findings” because:
Finding: The proposed rezone is consistent with the Zoning Code and the general plan and any applicable specific plan.
Facts in Support of Finding: The proposed rezone is consistent with the Zoning Code, the General Plan, and applicable planning documents. Specifically, the applicant is requesting to rezone the project site by applying the RIOD zoning overlay over the existing C2 – General Business Di strict zoning. This overlay would implement the General Plan’s Residential Incentive Overlay designation and allow for the development of a residential common interest project pursuant to the provisions of Article 12 (Residential Incentive Overlay District) of the Costa Mesa Municipal Code (CMMC).
To facilitate this rezoning, a General Plan Amendment is also proposed to formally apply the RIOD to the project site. This amendment would modify the Land Use Element maps, figures, text, and tables to reflect the new overlay designation while maintaining the underlying General Commercial land use designation. Per Table LU -19: General Plan and Zoning Consistency of the General Plan Land Use Element, the RIOD is considered consistent with the General Commercial land use designation. Therefore, the proposed rezone and General Plan Amendment align with the City’s land use framework and are necessary to support the proposed residential development.
C.
The proposed project complies with Costa Mesa Municipal Code Section 13 - 29(g)(13) – “Tentative Tract Map Findings” because:
Finding: The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and this Zone Code. proposed rezone is consistent with this Zoning Code.
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Facts in Support of Finding: The creation of the subdivision aligns with the General Plan by promoting residential development that meets the community's housing needs. Additionally, the subdivision complies with the local Zoning Code and State laws by conforming to established develo pment regulations. Overall, this project supports the City's vision for balanced development and ownership housing.
Finding: The proposed use of the subdivision is compatible with the general plan.
Facts in Support of Finding: The proposed development aligns with the General Plan by addressing the critical need for housing options within the community.
Located near transportation routes and commercial and residential corridors, this development promotes the City's goals of increasing residential density while enhancing accessibility to essential services and transportation. Furthermore, the project supports the General Plan's emphasis on creating inclusive neighborhoods, thereb y fostering a supportive environment for a mix of populations and contributing to the overall well-being of the community.
Finding: The subject property is physically suitable to accommodate the subdivision in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and general plan, and consideration of appropriate environmental information.
Facts in Support of Finding: The proposed development will be situated in an urbanized area. The site meets the minimum lot size requirement and is a typical shaped lot that can accommodate the building s and necessary utilities. Grading activities could potentially disturb limited areas of shallow soils impacted by past boat storage and repair operations; however, contamination levels are below regulatory thresholds for the site’s current use. With implementation of Mitigation Measure HAZ-1, requiring a Soil Management Plan during grading, the project would not result in substantial environmental damage related to hazardous materials. There are no wildlife habitat or bodies of water on the site or nearby, further ensuring that the development will not result in substantial environmental damage. This strategic location allows for the efficient use of already developed land, minimizing the need for additional site disturbance and preserving green spaces elsewhere in the community. By repurposing this underutilized area, the project will provide much-needed ownership housing.
Finding: The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code section 66473.1
Facts in Support of Finding: The design of the proposed development considers the orientation of the lot, aligning in a manner that maximizes solar 384
Resolution No. 2025-xx Page 12 of 55
D.
exposure, ensuring natural passive heating during colder months. Additionally, the layout incorporates an outdoor barbeque and children play area at the center of the development and green spaces to promote natural airflow and cooling, minimizing the need for artificial heating or air condition. This approach reflects the principals outlined in State Government Code section 66473.1.
Finding: The division and development will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights -of- way and/or easements within the tract.
Facts in Support of Finding: The proposed development has been designed to ensure that all existing public entity and utility rights-of-way and easements within the subdivision remain accessible and unobstructed. Coordination with utility providers and the City will be maintained throughout the development process to avoid any disruptions and ensure that essential services can continue to operate efficiently.
Finding: The discharge of sewage from this land division into the public sewer system will not violate the requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13000).
Facts in Support of Finding: The applicant has submitted a Preliminary Water Quality Management Plan (PQWMB), which demonstrates that the project will implement best management practices to effectively manage wastewater and prevent any violations of water quality standards.
The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(5) – “Master Plan Findings” because:
Finding: The master plan meets the broader goals of the General Plan, any applicable specific plan, and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development.
Facts in Support of Finding: The proposed development is consistent with the broader goals of the General Plan by promoting housing opportunities, as specified in General Plan Land Use Objective LU1-A, Land Use Policy LU -1.3, Land Use Objective LU -2A, and Housing Element Policy HOU -3.2. Additionally, the project design reflects architectural standards and site planning that maintains the character and integrity of the surrounding residential and commercial areas.
By prioritizing amenity connectivity and experience, the development fosters a sense of place while contributing to the overall livability of a highly urbanized environment.
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E.
Finding: Master plan findings for mixed -use development projects in the mixed-use overlay district are identified in Chapter V, Article 11, mixed -use overlay district.
Facts in Support of Finding: The proposed development a residential development and not located within a mixed-use overlay district. Therefore, these master plan findings do not apply.
Finding: As applicable to affordable multi -family housing developments, the project complies with the maximum density standards allowed pursuant to the general plan and provides affordable housing to low or very -low income households, as defined by the California D epartment of Housing and Community Development. The project includes long -term affordability covenants in compliance with state law.
Facts in Support of Finding: The proposed development includes 40 residential ownership units that are proposed to be sold at market rate. The project complies with the maximum density standards allowed pursuant to the proposed RIOD. No affordability covenants are proposed because the project is not required to provide affordable housing in line with the City’s inclusionary ordinance nor is the project proposing affordable housing.
The proposed project complies with Title 13, Section 13-83.63(c) of the Costa Mesa Municipal Code “Master Plan for Residential Incentive Overlay District Findings” because:
Finding: The project is consistent with the General Plan and meets the purpose and intent of the residential incentive overlay district.
Facts in Support of Finding: The proposed development is consistent with the broader goals of the General Plan by promoting housing opportunities, as specified in General Plan Land Use Objective LU1 -A, Land Use Policy LU -1.3, Land Use Objective LU-2A, and Housing Element Policy HOU -3.2. Additionally, the project meets the purpose and intent of the RIOD as the project provides new housing opportunities and the design reflects architectural standards and site planning that maintains the character and integrity of the surrounding residential and commercial areas. By prioritizing amenity connectivity and experience, the development fosters a sense of place while contributing to the overall livability of a highly urbanized environment.
Finding: The project includes adequate resident -serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas.
Facts in Support of Finding: The project provides a mix of private and shared open space amenities that support both individual and community needs. Each 386
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E.
unit includes a private rear yard, a covered second -floor balcony directly accessible from the living room, and an approximately 230-square-foot roof deck, providing multiple outdoor living opportunities. These features are complemented by common amenities such as a barbecue area, children’s play area, and flex - use space, which encourage community interaction and recreation. In addition, the project’s proximity to a pr oposed adjacent passive recreation area further enhances the quality of life for residents and reflects strong site planning consistent with this finding.
Finding: The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, toxic emanations, and air pollution.
Facts in Support of Finding: The project is consistent with residential development standards and has been designed and conditioned to protect future residents from potential environmental impacts such as noise, vibration, light, glare, and air quality. The Mitigated Negative Declaration concludes that noise impacts will be less than significant, as the project's trip generation is minimal and would not noticeably affect existing traffic noise levels. Construction and operational vibration impacts are also expected to be less than significant, and the project has been conditioned to include a lighting plan and photometric study to ensure light and glare are appropriately managed. Furthermore, the project's operations are not anticipated to pose any health risks to nearby sensitive receptors, confirming that it meets all applicable health standards for residential use.
Finding: The proposed residences have adequate separation and screening from adjacent commercial uses through site planning considerations, structural features, landscaping, and perimeter walls.
Facts in Support of Finding: The proposed development ensures appropriate separation and screening from neighboring residential and commercial properties. Adjacent land uses include office spaces, automotive services, and multi-family residential units. To the west, Herb’s Garage, an auto service center, is situated behind block walls, providing a physical barrier. To the east, an underutilized parking lot associated with an existing office building is also screened by block walls. Landscaping is incorporated along all property setbacks, enhancing the visual buffer and contributing to the aesthetic integration with surrounding uses.
The proposed project complies with Title 13, Section 13-83.63(e) of the Costa Mesa Municipal Code “Deviation from Residential Incentive Overlay District Standards Findings” because:
Finding: Strict interpretation and application of the overlay district’s development standards would result in practical difficulty inconsistent with 387
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the purpose and intent of the General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan.
Facts in Support of Finding: The proposed project meets the intent of the RIOD by providing well-designed residential development that aligns with the goals of the General Plan. While the project includes deviations for floor area ratio (1.43 FAR), building height, common use open space, landscape parkways, garage dimensions, parking, and setback s, these adjustments allow for efficient site planning and enhanced residential amenities. The development includes roof decks, private rear yards, and covered balconies for each unit, supporting livability and quality of life. Although the project propose s 9,817 square feet of common use open space —less than the RIOD’s minimum requirement —it includes amenities like a barbecue area, children’s play space, flex -use space, and proximity to a proposed adjacent passive recreation area, fulfilling the intent of the standard.
The parking deviation still results in a reasonable parking ratio of 2.58 spaces per unit, with garages and conveniently located open stalls. Reduced side and rear setbacks allow for a more compact and efficient layout that maintains compatibility with surrounding land uses. Though the garage dimensions and stall widths are slightly below standard, the design distributes parking accessibly throughout the site. Overall, the requested deviations facilitate the development of a residential project on an underutilized infill site within an urbanized area , consistent with Land Use Objectives LU1 -A and LU -2A and Housing Element Policy HOU -3.2, by offering high -quality, accessible housing within an urban corridor.
Finding: The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development.
Facts in Support of Finding: The proposed development includes a cohesive architectural style, the use of high-quality materials, and a well-organized internal circulation that supports both aesthetics and site functionality. The project includes landscaping, rooftop decks, private rear yards, and second -floor balconies for each unit , which provide outdoor space and amenities commonly associated with residential development. The development also includes community-oriented amenities such as a barbecue area, children's play zone, and a flex -use space, promoting a vibrant and engaging environment. Despite requesting deviations for building height, FAR, setbacks, open space, an d parking, the project remains compatible with surrounding land uses and maintains an appropriate scale and massing consistent with nearby developments. The proposed site layout efficiently uses the available land while preserving a strong sense of community and contributing positively to neighborhood character.
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Finding: The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding: The requested deviations will not be detrimental to public health, safety, or welfare, nor will they negatively impact surrounding properties or improvements. The project has undergone thorough environmental review through a Mitigated Negative Declaration, which determined that potential impacts related to noise, air quality, traffic, and hazardous materials would be less than significant with a few mitigation measures. The development includes appropriate setbacks, enhanced landscaping, and on-site amenities that promote a livable environment while maintaining compatibility with neighboring uses.
Additionally, a trip generation memo confirms that the existing street infrastructure can accommodate the project without causing adverse traffic impacts. The overall design supports safe and efficient circulation for vehicles and pedestrians and aligns with City standards to ensure a well-integrated residential neighborhood.
F. California Environmental Quality Act
The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures. AN IS/MND was prepared for the proposed project, pursuant to CEQA. Although the proposed project could have a significant impact on the environment, mitigation measures have been included as conditions of approval that reduce impacts to less than significant levels.
Mitigation measures from the IS/MND including Mitigation Monitoring and Reporting Program have been included as Exhibit D. If any of these mitigation measures are removed or substantially modified, the Planning Commission must make a recommendation to City Council for their consideration of the removed or modified mitigation measures. The City Council must then make a finding that the removed or modified mitigation measures will not result in significant environmental impacts.
G. Transportation
The project site 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.
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EXHIBIT C
RECOMMENDED CONDITIONS OF APPROVAL
Plng. 1. Approval of the General Plan Amendment PGPA-24-0001, Rezone, Master Plan, and Tentative Tract Map No. 19351 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 maintained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy 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 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. Master Plan PMAP-24-0002, and Tentative Tract Map No. 19351 shall comply with the conditions of approval, code requirements, special district requirements, and mitigation measures of the IS/MND for this project.
Mitigation Measures from the IS/MND for this project have been included as Exhibit D. If any of these conditions are removed or substantially modified, the City Council must make a finding that the project will not result in significant environmental impacts.
3. The conditions of approval, including Mitigation Measures incorporated as Exhibit D, code requirements, and special district requirements of Master Plan PMAP-24-0002, and Tentative Tract Map No. 19351 shall be blueprinted on the face of the site plan as part of the plan check submittal package.
4. The developer shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy. This inspection is to confirm that the Planning Division conditions of approval including Mitigation Measures and code requirements have been satisfied.
5. 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.
6. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings.
7. The project is subject to compliance with all applicable Federal, State, and local laws. A copy of the applicable Costa Mesa Municipal Code 390
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requirements has been forwarded to the Applicant and, where applicable, the Authorized Agent, for reference.
9. Street addresses shall be visible from the public street and may be displayed either on the front door, on the fascia adjacent to the main entrance, or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum six (6) inches in height with not less than one -half-inch stroke and shall contrast sharply with the background.
10. No modification(s) of the approved building elevations including, but not limited to, change of architectural type, changes that increase the building height, removal of building articulation, or a change of the finish material(s), shall be made during con struction 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 (re)process the modification through a discretionary review process or a variance, or in the requirement to modify the construction to reflect the approved plans.
11. The project shall be limited to the type of buildings as described in this staff report and in the attached plans. Any change in the use, size, or design shall require review by the Planning Division and may require an amendment to the Master Plan.
12. The Master Plan herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more and may be referred to the Planning Commission and/or City Council for modification or rev ocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or it, in the opinion of the Economic and Development Services Director or designee, any of the findings upon which the approval was based are no longer applicable.
13. The applicant and future homeowners shall contract with a waste disposal company that will provide full on -site trash, recyclable, and organics collection. Access for disposal collection shall be provided along the private street or as otherwise authorized. There shall be no storage of trash bins or cans on public streets with the exception of temporary use of the right-of-way for rolling containers or loading to large trash trucks. (SCA U- 1)
14. A “Notice to Buyers” shall disclose that the project is located within an area designated as general commercial in the City of Costa Mesa General Plan and is subject to existing and potential annoyances or inconveniences associated with industrial land uses. The Notice shall disclose the existing surrounding industrial land uses, including but not limited to, oper ational characteristics such as hours of operation, delivery schedules, outdoor activities, and noise and odor generation. In addition, the Notice shall state that the existing land use characteristics are subject to change in the event that new businesses move or existing businesses change ownership. 391
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15. The open, unassigned parking spaces shall be clearly marked as guest parking spaces. Signage will be posted to indicate that these spaces are available to all visitors.
16. All fencing onsite must be block walls. The applicant shall submit a detailed block wall plan for review. The location and heights of block walls shall comply with Code requirements, as well as any visibility standards for traffic safety related to ingress and egress. The private, interior fences between the homes shall be a minimum of six feet in height. (SCA AE-7) (SCA TRA- 2)
17. The subject property’s ultimate finished grade level may not be filled/raised in excess of 30 inches above the finished grade of any abutting property. If additional dirt is needed to provide acceptable on-site storm water flow to a public street, an alter native 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.
18. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers 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, or which are in any way related to, the applicant’s project, or any approval granted by City related to the applicant’s project. The indemnification shall include, but not be limite d 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 initi ating or bringing such proceeding. 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 indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City’s interests, and applicant shall indemnify City for all such costs incurred by City.
19. Prior to issuance of building permits, the applicant shall provide the Conditions, Covenants, and Restrictions (CC&Rs) to the Development Services Director and City Attorney's office for review. The CC&Rs must be in a form and substance acceptable to, and shall be approved by the Development Services Director and City Attorney's office.
A. The CC&Rs shall contain provisions requiring that the maintenance or HOA homeowner’s association (HOA) effectively manage parking and contract with a towing service to enforce the parking regulations and shall 392
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contain restrictions prohibiting parking in the driveway and in front of garage doors.
B. The CC&Rs shall also contain provisions related to use, preservation and maintenance of the common drive aisle and open space areas in perpetuity by the maintenance or homeowner’s association.
C. The CC&Rs shall contain restrictions requiring residents to park vehicles in the garage spaces provided for each unit. Storage of other items may occur only to the extent that vehicles may still be parked within the required garage spaces.
D. The CC&Rs shall contain a notice that all open parking spaces shall be unassigned and available for visitors.
E. The CC&Rs shall be limited to the ground rules related to: architectural control over future building modifications or additions, architectural design and guidelines for the property, and engagement in alternative dispute resolution before filing a lawsuit to resolve conflicts.
F. The CC&Rs shall contain provisions requiring that:
a. The two-car garages in the residential community are being used for vehicle parking by the resident(s).
b. Each two -car garage shall maintain a minimum internal clear dimension of 19 feet, six inches in width and 20 feet in depth, free of obstructions such as storage items, utility equipment, appliances, or other items that would prevent the accommodation of two vehicles. c. The HOA shall have the authority to address repeated misuse of garage space through established enforcement procedures, including voluntary inspections when warranted.
Any subsequent revisions to the CC&Rs related to these provisions must be reviewed and approved by the City Attorney's office and the Development Services Director before they become effective.
20. Applicant shall provide proof of establishment of a homeowner’s association prior to release of any utilities prior to selling any of the units as condominiums.
21. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre -wiring for future cable communication service.
22. All utilities servicing irrigation, project lighting and other commonly serving improvements, shall be provided by (a) common meter(s) that is the shared responsibility for all property owners in the development project. The CC&Rs or other organizational documents shall include verbiage requiring the common meters for the life of the development project.
23. The precise grading plan shall clearly show the lowest and highest point of the development. The lowest point of the finished surface elevation of either the ground, paving or sidewalk within the area between the building and the 393
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property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.
Bldg. 24. All noise-generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. on Saturday. Noise - generating construction activities shall be prohibited on Sunday and the following federal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. (SCA NOI-1) (SCA AE-8)
25. Prior to issuance of a building permit, the City’s Building and Fire Departments shall review the proposed development plans to determine compliance with all building and safety and fire codes, and to ensure safety, suitable occupancy and the necessary occupant ingress and egress.
26. Comply with the requirements of the adopted California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, California Energy Code, and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa at the time of plan submittal or permit issuance. Requirements for accessibility to sites, facilities, buildings, and elements by individuals w ith disability shall comply with Chapter 11A and 11B of the California Building Code.
27. If soil contamination exists, then remediation plans shall be submitted to both the Building Division and the County of Orange for review, approval and issuing a permit. Building permit(s) shall not be issued until the soil is certified as clean and usable by a Soil’s Engineer. (MM HAZ-1)
28. Maximum allowable area of new and additions shall be determined in accordance with the applicable provisions of California Building Code.
29. Maximum area of exterior wall openings shall be determined in accordance with the applicable provisions of California Building Code.
30. Construction/ improvements that encroach within Public Utility Easements shall require written approvals from the utility companies associated with that easement.
31. The ground adjacent immediately to the foundation shall be sloped away from the building at a slope of not less than 5% for a minimum distance of 10 feet measured perpendicular to the face of the wall CBC sec. 1804.3.
See also exception. ii- On graded sites the top of exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved discharge devise a minimum of 12 inches plus 2 percent California Building Code sec. 1808.7.4
32. All single family residential structures shall be future ready for electric water heater, electric range, electric clothes washer, electric heat pump, energy storage system (ESS), solar ready, and EV charger ready.
Eng. 33. Comply with the requirements contained in the letter prepared by the City Engineer (Exhibit D1)
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PRIOR TO ISSUANCE OF A DEMOLITION OR GRADING PERMIT
Plng. 1. 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.
2. SCAQMD Rule 403 shall be adhered to and ensure the cleanup of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission sources. Particulate matter deposits on public roadways are also prohibited.
3. All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust. All grading (regardless of acreage) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the contractor would implement each of the following:
• Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is necessary to prevent visible dust emissions from exceeding 100 feet in any direction.
• Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface.
• Water excavated soil piles hourly or covered with temporary coverings.
• Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site.
• Wash mud -covered tired and under -carriages of trucks leaving construction sites.
• Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing project sites. • Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris.
• Cease grading during period when winds exceed 25 miles per hour. (SCA HYD-1)
4. Adequate watering techniques shall be employed to partially mitigate the impact of construction–generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that 395
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a crust will be formed on the ground surface and then watered again at the end of the day. (SCA HYD-2)
5. Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph. (SCA HYD-3)
6. Prior to issuance of grading permits, developer shall submit for review and approval a Construction Management Plan. This plan features methods to minimize disruption to the neighboring uses to the fullest extent that is reasonable and practicable. The plan shall include construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. The plan should mitigate disruption during construction. The truck route plan shall preclude truck routes through residential areas and major truck traffic during peak hours. The total truck trips to the site shall not exceed 200 trucks per day (i.e., 100 truck trips to the site plus 100 truck trips from the site) unless approved by the Development Services Director or Transportation Services Manager. (SCA TRA-1)
7. Prior to Project commencement of construction, the Applicant or designee shall submit a Construction Traffic Management Plan (TMP) for review and approval by the City Traffic Engineer. The TMP shall include signage, lane closures, flag persons, etc., and shall specify that one lane of travel in each direction shall be maintained along City rights -of-way. Bicycle lanes, pedestrian sidewalks, and bus stops shall remain open and accessible, to the greatest extent feasible, during construction or shall be re -routed to ensure continued connectivity while maintaining Americans with Disabilities Act (ADA) accessibility. The TMP shall be incorporated into project specifications for verification prior to final plan approval. (MM TRA-1)
8. Prior to issuance of a grading permit, the contractor shall retain a qualified environmental professional with Phase II/Site Characterization experience, to be approved by the City’s Department of Public Works City Engineer, to prepare a Soil Management Plan (SMP). The SMP shall be made available to the contractor, construction workers, and the City Engineer for use during grading/excavation activities. The SMP shall include guidelines for safety measures and soil management in the event that soils are to be disturbed, and for handling soil during any planned earthwork activities. The SMP shall also include a decision framework and specific risk management measures for managing soil, including any soil import/export activities, in a manner protective of huma n health and consistent with applicable regulatory requirements. During the grading phase, the qualified professional shall conduct soil sampling and monitor soil conditions. In the event where contaminated soil is discovered, the qualified professional sh all take a sample and coordinate laboratory testing to determine contamination levels before the import, export, or re -use of the soil for residential purposes.
Should any soil samples identify contamination levels in exceedance of existing Federal, State, and/or local human health screening levels for residential uses, the soil shall be disposed off site by a licensed hazardous waste hauler in accordance with applicable Federal, State, and local regulations. (MM HAZ-1)
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9. Prior to issuance of a grading permit and any ground -disturbing activities, the project applicant shall consult with a geologist or paleontologist to confirm whether anticipated grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleo ntologist retained by the project applicant and a written Project Monitoring Plan (PMP) shall be submitted to the City of Costa Mesa’s Director of Economic and Development Services for review and approval. The monitoring plan shall include monitor contact information, specific procedures for field observation, diverting and grading to protect finds, and procedures to be followed in the event of significant finds. The paleontologist shall have the authority to halt construction during construction activity. Because the project area is immediately underlain by Holocene sediments (low sensitivity) and the depth of these sediments is unknown, spot -check monitoring shall be conducted to identify potential fossils and the lithological transition to Pleistocene sed iments. If Pleistoceneaged sediments are discovered at depth, monitoring shall transition to full -time as ground - disturbing activities occur at or below this identified depth because these Pleistocene units have been identified as having high sensitivity f or paleontological resources. (MM GEO-1)
10. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until a qualified paleontologist retained by the project applicant can determine its significance. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLAC). The repository shall be identified, and a curatorial arrangement shall be signed prior to the collection of the fossils. (MM GEO-2)
11. Prior to issuance of grading permits, the City of Costa Mesa shall ensure a qualified archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology has been retained for the project and shall be on-call during all demolition and grading/excavation. The qualified archaeologist shall ensure the following measures are followed for the project:
• Prior to any ground disturbance, the qualified archaeologist, or their designee, shall provide worker environmental awareness protection training to construction personnel regarding regulatory requirements for the protection of cultural (prehistoric and hi storic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should resources of a potentially cultural nature be discovered during construction. Workers shall be provided 397
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contact information and protocols to follow in the event that inadvertent discoveries are made. The training can be in the form of a video or PowerPoint presentation. Printed literature (handouts) can accompany the training and can also be given to new wor kers and contractors to avoid the necessity of continuous training over the course of the project.
• Prior to any ground disturbance, the applicant shall submit a written Project Monitoring Plan (PMP) to the City of Costa Mesa’s Director of Economic and Development Services for review and approval.
The monitoring plan shall include monitor contact informa tion (including the qualified archeologist and the Native American Monitor per Mitigation Measure TCR-1), specific procedures for field observation, diverting and grading to protect finds, and procedures to be followed in the event of significant finds.
• In the event resources of a potentially Native American nature are discovered during any stage of project construction, all construction work within 50 feet (15 meters) of the discovered tribal cultural resource (“TCR”) shall cease and the Kizh Monitor sha ll assess the discovery. Construction activities outside the buffer zone may continue during the Kizh Monitor’s assessment.
o Non-Native American (Non -TCR) Discoveries : If warranted based on the qualified archaeologist’s evaluation of the archaeological (but non -TCR) discovery, the archaeologist shall collect the resource and prepare a test -level report describing the results of the investigation. The test -level report shall evaluate the site including discussing the significance (depth, nature, condition, and extent of the resource), identifying final Cultural Mitigation Measures, if any, that the City of Costa Mesa’s Director of Economic and Development Services shall verify are incorporated into future construction plans, and providing cost estimates.
o Conjoined Archaeological and Native American (TCR)
Discoveries: If, following consultation with the Kizh Monitor, it is determined that a historic or prehistoric discovery includes Native American materials or resources, then the Kizh
Monitor shall determine the appropriate treatment of the discovered TCR(s) consistent with Mitigation Measure TCR -
1. The Kizh Monitor shall prepare a TCR discovery report, which may include descriptions and evaluations of the area and conditions at the site of the discovery (i.e., depth, nature, condition, and extent of the resources), as well as a
discussion of the significance to the Kizh Nation.
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o The requirements of Section 15064.5 of the CEQA Guidelines shall be followed. Construction work within the buffer area surrounding a TCR discovery shall resume only after the Kizh Monitor has (1) appropriately inventoried and documented the resource and any surrounding material of significance to the Kizh Nation, and (2) completed the appropriate treatment of the resource consistent with Mitigation Measure TCR -1. (MM CUL-1)
12. Prior to issuance of any grading permits, the Applicant shall formally retain a Native American monitor from the Native American tribe that is culturally and ancestrally affiliated with the Project location: the Gabrieleño Band of Mission Indians – Kizh Nation. The Applicant shall allow 45 days from initial contact with the first preference tribe (Kizh Nation) to enter into a contract for monitoring services. If the Applicant can demonstrate they were unable to secure an agreement with the first preference tribe, or if the contracted tribe fails to fulfill its obligation under the contract terms, then the Applicant may retain an alternative qualified tribal monitor approved by the City. The City approved Monitor (the “Monitor”), shall monitor all “ground -disturbing” Project activities, (I.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work), which includes but is not limited to: dem olition, grubbing/clearing, rough grading, precise grading, mass grading, trenching, excavation, boring, auguring, and weed abatement on previously disturbed and undisturbed ground (collectively "ground disturbing activities”). A copy of the executed contr act shall be submitted to the Costa Mesa Economic and Development Services Department prior to the issuance of any permit necessary to commence ground disturbing activities.
The Monitor shall prepare daily monitoring logs that include descriptions of the relevant ground disturbing activities, locations of such activities, observed soil types, and the presence or absence of tribal cultural related materials. Should tribal cultu ral-related resources be discovered, monitor logs shall identify and describe such resources, including but not limited to, Native American cultural and historical artifacts, as well as any discovered Native American (ancestral) human remains and burial go ods. Copies of monitor logs shall be provided to the City of Costa Mesa and maintained as confidential. In the event resources are discovered during any phase of ground disturbing activities, and it is determined by the Monitor, in consultation with the Ci ty, to be Native American in origin, then all construction activity within fifty (50) feet (15 meters) of the find shall cease until the Monitor can assess the find. Work shall be allowed to continue outside of the buffer zone. The Monitor shall determine the appropriate treatment of the discovered resource that is consistent with the tribe’s cultural practices, including reinternment on site in an appropriate area 399
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determined by the tribe in consultation with the City and the applicant, or retention of the discovered resource for educational purposes. Construction work within the buffer area surrounding a TCR discovery shall resume only after the Monitor has (1) appr opriately inventoried and documented the resource and any surrounding material of significance to the Kizh Nation, and (2) completed the appropriate treatment of the resource.
Monitoring for tribal cultural resources (“TCR”) shall conclude upon the City’s receipt of written confirmation from the Monitor that ground disturbing activities with potential impacts to discovered and/or undiscovered TCRs are complete. (MM TCR-1)
13. Design, grading, and construction shall be performed in accordance with the requirements of the California Building Code applicable at the time of grading as well as the appropriate local grading regulations, and the recommendations of the project geotechnical consultant as summarized in a final written report, subject to review by the City of Costa Mesa Building official prior to issuance of grading permits. (SCA GEO-1) Bldg. 14. Prior to the Building Division (AQMD) issuing a demolition permit contact South Coast Air Quality Management District located at: 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 Div. will not issue a demolition permit until an Identification no. is provided by AQMD.
15. Prior to the issuance of grading permits, submit a precise grading plan, an erosion control plan and a hydrology study. A precise grading plan shall not be required if any of the following are met: (1) An excavation which does not exceed 50 CY on any one site and which is less than 2 ft in vertical depth, or which does not create a cut slope greater than 1 ½:1 (excluding foundation area); (2) A fill less than 1 foot in depth placed on natural grade with a slope flatter than 5:1, which does not exceed 50 CY on any one lot and does not obstruct a drainage course; and (3) A fill less than 3 ft in depth, not intended to support structures, which does not exceed 50 CY on any one lot and does not obstruct a drainage course. Prior to issuing the Building permit, the rough grading certificate shall be submitted to the Building Division.
16. Prior to the issuance of grading permits, submit a soils report for this project.
Soil’s Report recommendations shall be blueprinted on both the architectural and the precise grading plans.
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. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance.
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Bldg. 2. Comply with the requirements of the adopted California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, California Energy Code, and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa at the time of plan submittal or permit issuance. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disabi lity shall comply with chapter 11B of the California Building Code. A change of occupancy shall require compliance with the Disabled access requirements of chapter 11B of the California Building Code.
3. Plans shall be prepared under the supervision of a registered California Architect or Engineer. Plan shall be stamped and signed by the registered California Architect or Engineer.
Fire 4. Comply with the requirements of the 2022 California Fire Code, including the reference standards, as adopted and amended by Costa Mesa Fire & Rescue.
Bus.
Lic.
5. 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.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
Plng. 1. Prior to issuance of building permits, the 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.
2. The conditions of approval and ordinance or code provisions of the Master Plan shall be blueprinted on the face of the site plan as part of the plan check submittal package.
Plng. 3. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13 -101 through 13-108, shall be required as part of the project plan check review and approval process. Plans shall be forwarded t o the Planning Division for final approval prior to issuance of building permits.
4. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets.
5. Subject to exceptions to allow for ADA paths of travel or other specific purposes identified by the applicant’s landscape architect, a ll landscaped areas shall be separated from paved vehicular areas by 6” high continuous Portland Cement Concrete curbing.
6. The landscaping of this project shall comply with the City’s landscaping requirements and any applicable guidelines (i.e. Water Efficient Landscape Guidelines). The final landscape plan shall meet tree count, tree selection, shrub count, groundcover and turf requirements per the City’s Zoning Code. (SCA AE-2)
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7. Prior to issuance of building permits, a final landscape plan indicating the landscape palette and the design/material of paved areas shall be submitted for review and approval by the Planning Division. The driveway entrances shall also be enhanced with pe rvious pavers, colored concrete, or other treatment to the satisfaction of the Development Services Director. (SCA AE-3)
8. Enhanced landscaping is required within the front setback under the direction of Planning Staff. (SCA AE-4)
9. Prior to the issuance of a building permit, the applicant shall install permanent physical barriers such as bollards, guardrails, fences, or raised curbs and concrete wheel stops at the front edge of all parking spaces adjacent to sidewalks and common use open space. Concrete wheel stops shall be installed 2’-0” from the front edge of open parking spaces, or where applicable, landscape planters shall be increased 2’ -0” to allow curbing to serve as a wheel stop. These barriers shall be designed and placed to prevent vehicle overhang from encroaching into the project walkways, public sidewalk areas, and common use open areas, and shall comply with all accessibility standards. The design, materials, and placement shall be subject to review of the City Engineer and Planning Division to ensure compatibility with the residential development and surrounding streetscape.
10. The material for the driveway s along Victoria Place shall be permeable decorative interlocking pavers.
11. The applicant shall provide for a bicycle rack on the property, based on locational approval from Planning and Transportation Services, to allow for parking credit of one standard parking space. A greater amount of bicycle racks and bicycle lockers can be provided upon approval of the Planning Division.
12. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are permitted. This condition relates to visually prominent features of scuppers or downspouts that not only detract from the architecture but may be spilling water from overhead without an integrated gutter system which would typically channel the rainwater from the scupper/downspout to the ground. An integrated downspout/gutter system which is painted to match the building would comply with the condition. This condition shall be completed under the direction of the Planning Division. (SCA AE-5)
13. Prior to the issuance of Building Permits, the Applicant shall submit a Lighting Plan and Photometric Study for the approval of the City’s Economic and Development Services Department. The Lighting Plan shall demonstrate compliance with the following: (a) Lighting design and layout shall limit spill light to no more than 0.5 -foot candle at the property line of the surrounding neighbors, consistent with the level of lighting that is deemed necessary for safety and security purposes on site. (b) Glare shields may be required for select light standards. (SCA AE-9) 402
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14. The applicant shall work with any utility agencies’ right-of-way areas and/or easements related to any overhead power lines, and receive clearance prior to issuance of building permits.
15. Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts to residential areas either within the garages or within the side year areas (behind fences).
16. All on-site utility services shall be installed underground or on the roof (e.g., satellite dishes), in which case such utility services shall be obscured from view.
17. On-site lighting shall be provided in all parking areas, vehicular access ways, and along major walkways. The lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties to minimize light and glare impacts and shall be of a type approved by the Development Services Director. (SCA AE-10)
18. The parking area 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 site.
19. Transformers, backflow preventers, and any other approved above- ground utility improvement shall be located outside of the required street setback area. If that is not possible due to requirements imposed by the utility companies and/or space limitations, the above -ground utilities shall be screened from view with landscape materials subject to review by Planning staff and the utility company standards.
20. Installation of all new utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property.
The installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division.
21. Any mechanical equipment such as air -conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division.
22. Prior to building permit issuance, the applicant shall submit a comprehensive utilities plan that shows utility design, undergrounding and required dedications/easements. The plan will be reviewed by both the City’s Building Division and Public Works Department.
23. Prior to issuance of building permits, the Developer shall pay a park impact fee or dedicate parkland to meet the demands of the proposed development.
24. All new and existing construction shall be architecturally compatible with regard to building materials, style, colors, etc. with the existing structure(s).
Plans submitted for plan check shall indicate how this will be accomplished. (SCA A-1)
Play
Areas
25. Stationary play equipment shall be located on turf, sand, or other treated surface to the satisfaction of the Director of Economic & Development. 403
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26. Prior to building permit issuance, the applicant shall submit a final playground plan for review and approval, which includes detailed playground specifications of manufactured play equipment. The playground plan shall depict safety fall zones, safety surf acing materials and construction specifications, manufacturer and model numbers of equipment and equipment deck heights. On a project -specific basis, the Director of Economic & Development or designee shall require that the playground plan adequately serve the anticipated number of users and their activities.
Fire 27. Prior to issuance of a building permit, the applicant shall submit and have approved by the Fire Department an Emer gency Access Plan, which identifies and locates all Knox Boxes, Knox key switches, and Click2Enter radio access control receivers. Said plan shall be incorporated into the plan set for building permits.
Trans 28. The applicant shall submit a Traffic Impact Fee to the Transportation Division prior to issuance of building permits to fulfill mitigation of off -site traffic impacts. The fee is required in an amount determined by the Transportation Division pursuant to t he prevailing schedule of charges adopted by the City Council. The fee is calculated based on the average daily trip generation rate of 86 trip ends for the proposed project and includes a credit for any previously existing use. At the current rate, the estimated Traffic Impact Fee is $ 20,315.75. NOTE: The fee will be recalculated at the time of issuance of building permits and based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time.
Bldg 29. Comply with the requirements of the latest edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code , California Plumbing Code , California Green Building Standards Code and California Ene rgy Code (or the applicable adopted California Building Code, California Residential Code California Electrical Code, California Mechanical Code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa.
PRIOR TO FINAL INSPECTION/OCCUPANCY
Plng. 1. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied.
2. Prior to final inspection or 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 precise 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. 404
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3. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. Only canopy trees shall be planted within the development and public right -of- way; palm trees shall not be used.
4. Prior to final building inspection, a bicycle rack shall be installed in a location such that it is functional, accessible and visible to the user. The placement must ensure that parked bicycle do not interfere with vehicle circulation or encroach upon an ADA -compliant walkway or sidewalk, maintaining clear and unobstructed pedestrian access.
5. 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.
Play
Areas
6. Prior to occupancy, the applicant shall submit a letter stating that the play equipment installation has been inspected by a person authorized by the manufacturer, that the equipment has been installed per manufacturer’s specifications, and that it complie s with the minimum playground safety regulations adopted by the State of California.
Trans 7. Prior to final inspection or Certificate of Occupancy (C of O) the applicant shall submit a detailed plan to the Transportation Division for review and approval to design and construct a buffered class II bike lane with green bicycle markings. The bike lane shall be a minimum of five feet from the north curb face, and a two-foot buffer is to be placed between the bike lane and the westbound travel lane.
8. All parking spaces shall conform with the City of Costa Mesa Parking Design Standards unless otherwise approved.
TENTATIVE TRACT MAP
Plng. 1. The Final Tract Map shall be recorded with the County of Orange prior to the issuance of any precise grading or building permits for the proposed development. However, demolition and rough grading permits may be issued prior to recordation of the Final Tract Map.
Eng. 2. Comply with the conditions of approval in the letter prepared by the City Engineer (Exhibit D1).
SPECIAL DISTRICT REQUIREMENTS
AQMD 1. Prior to the Building Division (AQMD) issuing a demolition permit, contact South Coast Air Quality Management District located at:
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
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The Building Division will not issue a demolition permit until an identification number is provided by AQMD.
Sani. 2. It is recommended that the developer contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements.
Water 3. Applicant is reminded that additional conditions of development may be imposed by Mesa Consolidated Water District (949) 631-1200 and/or other serving utilities. Subject to approval by the board of directors, Mesa Consolidated Water District may require payment of a developer impact fee prior to installation of water service or construction of required master plan facilities.
Customer shall contact the Mesa Water District – Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District.
School 4. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits.
CDFA 5. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at 1 -888- 4FIREANT for information.
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EXHIBIT D
MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring plan. This requirement ensures that environmental impacts found to be potentially significant will be mitigated. The reporting or monitoring plan must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Victoria Place Project (Project); refer to Table 1, Mitigation Monitoring and Reporting Checklist. This MMRP is intended to provide verification that the implementation of all mitigation measures identified in the Draft IS/MND are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of all such records in the project file.
This MMRP delineates responsibilities for monitoring the project. Pursuant to CEQA Guidelines Section 15097(a), however, the City of Costa Mesa ultimately remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the mitigation program. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented.
Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps:
• The City distributes reporting forms to the appropriate entities for verification of compliance.
• Departments/agencies with reporting responsibilities will review the Draft IS/MND, which provides general background information on the reasons for the adopted mitigation measures.
• Periodic meetings may be held during project implementation to report on compliance of mitigation measures.
• Responsible parties provide the City of Costa Mesa with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review.
• The City of Costa Mesa prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. 407
Resolution No. 2025-xx Page 35 of 55
• Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals, as indicated.
Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City of Costa Mesa. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution, or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162.
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Table 1
Mitigation Monitoring and Reporting Checklist
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
4.5 CULTURAL RESOURCES
CUL-1
Prior to issuance of grading
permits, the City of Costa
Mesa shall ensure a qualified
archaeologist who meets the
Secretary of the Interior’s
Standards for professional
archaeology has been
retained for the project and
shall be on -call during all
demolition and
grading/excavation. The
qualified archaeologist shall
ensure the following
measures are followed for the
project:
• Prior to any ground
disturbance, the
qualified
archaeologist, or their
designee, shall provide
worker environmental
Project
Applicant;
Construction
Contractor;
Qualified
Archaeologist;
Native American
Monitor
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
City of Costa
Mesa
Development
Services
Director
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
awareness protection
training to construction
personnel regarding
regulatory
requirements for the
protection of cultural
(prehistoric and
historic) resources. As
part of this training,
construction personnel
shall be briefed on
proper procedures to
follow should
resources of a
potentially cultural
nature be discovered
during construction.
Workers shall be
provided contact
information and
protocols to follow in
the event that
inadvertent
discoveries are made.
The training can be in
the form of a video or
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Resolution No. 2025-xx Page 38 of 55
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
PowerPoint
presentation. Printed
literature (handouts)
can accompany the
training and can also
be given to new
workers and
contractors to avoid
the necessity of
continuous training
over the course of the
project.
• Prior to any ground
disturbance, the
applicant shall submit
a written Project
Monitoring Plan (PMP)
to the City of Costa
Mesa’s Director of
Economic and
Development Services
for review and
approval. The
monitoring plan shall
include monitor
contact informa tion
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
(including the qualified
archeologist and the
Native American
Monitor per Mitigation
Measure TCR -1),
specific procedures for
field observation,
diverting and grading
to protect finds, and
procedures to be
followed in the event of
significant finds.
• In the event resources
of a potentially Native
American nature are
discovered during any
stage of project
construction, all
construction work
within 50 feet (15
meters) of the
discovered tribal
cultural resource
(“TCR”) shall cease
and the Kizh Monitor
shall assess the
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Resolution No. 2025-xx Page 40 of 55
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
discovery.
Construction activities
outside the buffer zone
may continue during
the Kizh Monitor’s
assessment.
o Non-Native
American (Non -
TCR) Discoveries :
If warranted based
on the qualified
archaeologist’s
evaluation of the
archaeological (but
non-TCR)
discovery, the
archaeologist shall
collect the resource
and prepare a test -
level report
describing the
results of the
investigation. The
test-level report
shall evaluate the
site including
413
Resolution No. 2025-xx Page 41 of 55
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
discussing the
significance (depth,
nature, condition,
and extent of the
resource),
identifying final
Cultural Mitigation
Measures, if any,
that the City of
Costa Mesa’s
Director of
Economic and
Development
Services shall
verify are
incorporated into
future construction
plans, and
providing cost
estimates.
o Conjoined
Archaeological and
Native American
(TCR) Discoveries :
If, following
consultation with
414
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
the Kizh Monitor, it
is determined that a
historic or
prehistoric
discovery includes
Native American
materials or
resources, then the
Kizh Monitor shall
determine the
appropriate
treatment of the
discovered TCR(s)
consistent with
Mitigation Measure
TCR-1. The Kizh
Monitor shall
prepare a TCR
discovery report,
which may include
descriptions and
evaluations of the
area and conditions
at the site of the
discovery (i.e.,
depth, nature,
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Resolution No. 2025-xx Page 43 of 55
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
condition, and
extent of the
resources), as well
as a discussion of
the significance to
the Kizh Nation.
o The requirements
of Section 15064.5
of the CEQA
Guidelines shall be
followed.
Construction work
within the buffer
area surrounding a
TCR discovery
shall resume only
after the Kizh
Monitor has (1)
appropriately
inventoried and
documented the
resource and an y
surrounding
material of
significance to the
Kizh Nation, and
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Resolution No. 2025-xx Page 44 of 55
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
(2) completed the
appropriate
treatment of the
resource consistent
with Mitigation
Measure TCR-1.
4.7 GEOLOGY AND SOILS
GEO-1
Prior to issuance of a grading
permit and any ground -
disturbing activities, the project
applicant shall consult with a
geologist or paleontologist to
confirm whether anticipated
grading would occur at depths
that could encounter highly
sensitive sediments for
paleontological resources. If
confirmed that underlying
sediments may have high
sensitivity, construction activity
shall be monitored by a
qualified paleontologist
retained by the project
applicant and a written Project
Monitoring Plan (PMP) shall
be s ubmitted to the City of
Costa Mesa’s Director of
Economic and Development
Services for review and
Project
Applicant;
Construction
Contractor;
Qualified
Geologist;
Qualified
Paleontological
Monitor
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
City of Costa
Mesa
Development
Services
Director
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
approval. The monitoring plan
shall include monitor contact
information, specific
procedures for field
observation, diverting and
grading to protect finds, and
procedures to be followed in
the event of significant finds.
The paleontologist shall have
the a uthority to halt
construction during
construction activity. Because
the project area is immediately
underlain by Holocene
sediments (low sensitivity) and
the depth of these sediments
is unknown, spot -check
monitoring shall be conducted
to identify potential fossils and
the lithological transition to
Pleistocene sediments. If
Pleistocene-aged sediments
are discovered at depth,
monitoring shall transition to
full-time as ground -disturbing
activities occur at or below this
identified depth because these
Pleistocene units have been
identified as having high
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Resolution No. 2025-xx Page 46 of 55
Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
sensitivity for paleontological
resources.
GEO-2
In the event of any fossil
discovery, regardless of depth
or geologic formation,
construction work shall halt
within a 50 -foot radius of the
find until a qualified
paleontologist retained by the
project applicant can
determine its significance.
Significant fossils shall be
recovered, prepared to the
point of curation, identified by
qualified experts, listed in a
database to facilitate analysis,
and deposited in a designated
paleontological curation facility
in accordance with the
standards of the Society of
Vertebrate Paleontology
(2010). The most likely
repository is the Natural
History Museum of Los
Angeles County (NHMLAC).
The repository shall be
identified, and a curatorial
arrangement shall be signed
prior to the collection of the
fossils.
Construction
Contractor;
Qualified
Paleontological
Monitor
During
Ground
Disturbing
Activities
City of Costa
Mesa
Development
Services
Director
During
Ground
Disturbing
Activities
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
4.9 HAZARDS AND HAZARDOUS MATERIALS
HAZ-1
Prior to issuance of a grading
permit, the contractor shall
retain a qualified
environmental professional
with Phase II/Site
Characterization experience,
to be approved by the City’s
Department of Public Works
City Engineer, to prepare a
Soil Management Pl an
(SMP). The SMP shall be
made available to the
contractor, construction
workers, and the City
Engineer for use during
grading/excavation activities.
The SMP shall include
guidelines for safety
measures and soil
management in the event that
soils are to b e disturbed, and
for handling soil during any
planned earthwork activities.
The SMP shall also include a
decision framework and
specific risk management
measures for managing soil,
including any soil
Project
Applicant;
Construction
Contractor;
Qualified
Environmental
Professional
with Phase
II/Site
Characterization
Experience
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
Qualified
Environmental
Professional;
City of Costa
Mesa Public
Services
Director
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
import/export activities, in a
manner protective of human
health and consistent with
applicable regulatory
requirements. If required by
regulatory requirements, the
preparation and
implementation of a cleanup
plan such as the RAW shall
be deemed necessary.
During the grading phase, the
qualified professional shall
conduct soil sampling and
monitor soil conditions. In the
event where contaminated soil
is discovered, the qualified
professional shall take a
sample and coordinate
laboratory testing to determine
contamination levels before
the import, export, or re-use of
the soil for residential
purposes. Should any soil
samples identify
contamination levels in
exceedance of existing
Federal, State, and/or local
human health screening levels
for residential uses, the soil
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
shall be disposed off-site by a
licensed hazardous waste
hauler in accordance with
applicable Federal, State, and
local regulations.
4.17 TRANSPORTATION
TRA-1
Prior to Project
commencement of
construction, the Applicant or
designee shall submit a
Construction Traffic
Management Plan (TMP) for
review and approval by the
City Traffic Engineer. The TMP
shall include signage, lane
closures, flag persons, etc.,
and shall specify that one lane
of travel in each direction shall
be maintained along City
rights-of-way. Bicycle lanes,
pedestrian sidewalks, and bus
stops shall remain open and
accessible, to the greatest
extent feasible, during
construction or shall be re -
routed to ensure continued
connectivity while maintaining
Americans with Disabilities Act
(ADA) accessibility. The TMP
shall be incorporated into
Project
Applicant; City
Traffic Engineer
Prior to
and
During
Ground
Disturbing
Activities
City of Costa
Mesa Public
Services
Director; City
Traffic
Engineer
Prior to
and
During
Ground
Disturbing
Activities
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Mitigation
Number Mitigation Measure Implementation
Responsibility Timing Monitoring
Responsibility Timing
VERIFICATION OF
COMPLIANCE
Initials Date Remarks
project specifications for
verification prior to final plan
approval.
4.18 TRIBAL CULTURAL RESOURCES
TCR-1
Prior to issuance of any
grading permits, the Applicant
shall formally retain a Native
American monitor from the
Native American tribe that is
culturally and ancestrally
affiliated with the Project
location: the Gabrieleño Band
of Mission Indians – Kizh
Nation. The Applicant shall
allow 45 days from initial
contact with the first
preference tribe (Kizh Nation)
to enter into a contract for
monitoring services. If the
Applicant can demonstrate
they were unable to secure an
agreement with the first
preference tribe, or if the
contracted tribe fails to fulfill
its obligation under the
contract terms, then the
Applicant may retain an
Native American
Monitor
Prior to
Issuance
of Grading
Permit;
During
Ground
Disturbing
Activities
Costa Mesa
Development
Services
Director
Prior to
Issuance
of Grading
Permit;
Prior to
and
During
Ground
Disturbing
Activities
423
Resolution No. 2025-xx Page 51 of 55
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Responsibility Timing
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Initials Date Remarks
alternative qualified tribal
monitor approved by the City.
The City approved Monitor
(the “Monitor”), shall monitor
all “ground-disturbing” Project
activities, (I.e., both on -site
and any off -site locations that
are included in the project
description/definition and/or
required in connection with
the project, such as public
improvement work), which
includes but is not limited to:
demolition, grubbing/clearing,
rough grading, precise
grading, mass grading,
trenching, excavation, boring,
auguring, and weed
abatement on previously
disturbed and undisturbed
ground (collectively "ground
disturbing activities”). A copy
of the executed contract shall
be submitted to the Costa
Mesa Economic and
Development Services
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Resolution No. 2025-xx Page 52 of 55
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Department prior to the
issuance of any permit
necessary to commence
ground-disturbing activities.
The Monitor shall prepare
daily monitoring logs that
include descriptions of the
relevant ground disturbing
activities, locations of such
activities, observed soil types,
and the presence or absence
of tribal cultural -related
materials. Should tribal
cultural-related resources be
discovered, monitor logs shall
identify and describe such
resources, including but not
limited to, Native American
cultural and historical
artifacts, as well as any
discovered Native American
(ancestral) human remains
and burial g oods. Copies of
monitor logs shall be provided
to the City of Costa Mesa and
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Resolution No. 2025-xx Page 53 of 55
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maintained as confidential. In
the event resources are
discovered during any phase
of ground disturbing activities,
and it is determined by the
Monitor, in consultation with
the City, to be Native
American in origin, then all
construction activity within
fifty (50) feet (15 meters) of
the find shall cease until the
Monitor can assess the find.
Work shall be allowed to
continue outside of the buffer
zone. The Monitor shall
determine the appropriate
treatment of the discovered
resource that is consistent
with the tribe’s cultural
practices, including
reinternment on site in an
appropriate area determined
by the tribe in consultation
with the City and the
applicant, or retention of the
discovered resource for
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Resolution No. 2025-xx Page 54 of 55
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educational purposes.
Construction work within the
buffer area surrounding a
TCR discovery shall resume
only after the Monitor has (1)
appropriately inventoried and
documented the resource and
any surrounding material of
significance to the Kizh
Nation, and (2) completed the
appropriate treatment of the
resource.
Monitoring for tribal cultural
resources (“TCR”) shall
conclude upon the City’s
receipt of written confirmation
from the Monitor that ground
disturbing activities with
potential impacts to
discovered and/or
undiscovered TCRs are
complete.
427
Resolution No. 2025-xx Page 55 of 55
EXHIBIT D1
Public Works Conditions
Provided Under Separate Cover with June 9, 2025 Planning Commission Packet
428
CITY OF COSTA MESA
CALIFORNIA 92628-1200 P.O. BOX 1200
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
April 22, 2025
Costa Mesa Planning Commission
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
SUBJECT:
LOCATION:
Dear Commissioners:
Tentative Tract No. 19351
220 Victoria Street
Tentative Tract Map No. 19351 as furnished by the Planning Division for review by the Public Works Department consists of subdividing two lots into one numbered lot for condominium purposes.
Tentative Tract Map No. 19351 meets with the approval of the Public Works Department, subject to the following conditions:
1. The Tract shall be developed in full compliance with the State of California Subdivision Map Act and the City of Costa Mesa Municipal Code (C.C.M.M.C.), except as authorized by the Costa Mesa City Council and/or Planning Commission. The attention of the Subdivider and his engineer is directed to Section 13-208 through 13-261 inclusive, of the Municipal Code.
2. The Subdivider shall conduct soil investigations and provide the results to the City of Costa Mesa Engineering and Building Divisions pursuant to Ordinance 97-11.
3. Copy of the Final Tract Map shall be submitted to the Engineering Division for checking. Map check fee shall be paid per C.C.M.M.C. Section 13-231.
4. A current copy of the title search shall be submitted to the Engineering Division with the first submittal of the Final Tract Map.
5. Dedicate an ingress/egress easement to the City for emergency and public security vehicles purposes only. Maintenance of easement shall be the sole responsibility of a Homeowners Association formed to conform to Section 13-41 (e) of the C.C.M.M.C.
6. Vehicular and pedestrian access rights to Victoria Street shall be released and relinquished to the City of Costa Mesa except at approved access locations.
7. Dedicate easements as needed for public utilities.
8. Prior to recordation of a Final Tract Map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Subarticle 12, Section 7-9-337 of the Orange County Subdivision Code.
9. Prior to recordation of a Final Tract Map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital-graphics file of said map in a manner described in Subarticle 12, Section 7-9-337 of the Orange County Subdivision Code.
PHONE: (714) 754-5335
77 FAIR DRIVE
FAX: (714) 754-5028 www .costa mesa ca .gov
ATTACHMENT 1
EXHIBIT D1
429
Planning Commission 2025
10. Survey monuments shall be preserved and referenced before construction and replaced after construction, pursuant to Section 8771 of the Business and Profession Code.
11. The elevations shown on all plans shall be based on the County of Orange Benchmark Datum.
12. Prior to recordation of a Final Tract Map, submit required cash deposit or surety bond to guarantee monumentation. The deposit amount shall be determined by the City Engineer.
13. Submit required cash deposit or surety bond to guarantee construction of off-site street improvements at time of permit per Section 15-32, C.C.M.M.C. and as approved by City Engineer.
Amount to be based on construction cost estimate prepared by Engineer and approved by City Engineer. The Subdivider and City shall enter into an agreement for the installation of the offsite improvements as provided in Section 66462 of the California Subdivision Map Act.
14. Prior to occupancy on the Tract, the surveyor/engineer shall submit to the City Engineer a Digital Graphic File, reproducible mylar of the recorded Tract Map, an approved Offsite Plan and nine copies of the recorded Tract Map.
15. Submit for approval to the City of Costa Mesa preliminary plans that shows the undergrounding of utility poles along the project's frontage, including any poles across the street which are only servicing the existing property and that will not be utilized to the extent practical or feasible.
16. Submit for approval to the City of Costa Mesa final design plans approved for construction that shows all proposed above and/or underground utilities within the public right-of-way required for the construction of this project. Any proposed facilities within the public right-of-way shall be approved by the City Engineer including but not limited to water, power, gas or telecommunication services.
17. Construct a common area for passive recreation purposes in front of the project as shown on the preliminary landscape plan. The maintenance of this area shall be responsibility of the homeowner association. All improvements in the public right-of-way associated with the passive recreation area shall be subject to the approval of the City Engineer.
18. Obtain an Encroachment Permit from the City of Costa Mesa, Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk.
19. Obtain an Encroachment Permit from the City of Costa Mesa, Engineering Division, at the time of development and then reconstruct P.C.C. sidewalk per City of Costa Mesa Standards as shown on the Offsite Plan, including four (4) feet clear around obstructions in the sidewalk.
20. Obtain an Encroachment Permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. driveway approaches per City of Costa Mesa Standards as shown on the Offsite Plan. Location and dimensions are subject to the approval of the Transportation Services Manager.
21. Submit for approval to the City of Costa Mesa, Engineering Division, Street Improvement and Storm Drain Plans, that show Sewer and Water Improvements, prepared by a Civil Engineer registered in the State of California.
22. Construct a catch basin within the public right-of-way and connect to the City storm drain system.
23. Prior to the issuance of the certificate of occupancy, the two existing 8" diameter storm drains downstream of the project site on Victoria Place shall be replaced with 18" diameter reinforced concrete pipes. This improvement shall be completed to the satisfaction of the City Engineer and prior to slurry sealing the roadway.