Agenda packet — Costa Mesa City Council, October 7, 2025 (part 1 of 2)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda - Final Amended
City Council Chambers
77 Fair Drive
6:00 PMTuesday, October 7, 2025
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
Council Member Buley will be attending the meeting via Zoom Webinar from:

Mission Inn Hotel & Spa
3649 Mission Inn Ave., Riverside, CA
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

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

Closed Captioning is available via the Zoom option in English and Spanish.

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1 REGULAR CITY COUNCIL AND HOUSING
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Agenda - Final Amended October 7, 2025
Members of the public are welcome to speak during the meeting when the Mayor opens the floor for public comment. There is no need to register in advance or complete a comment card. When it's time to comment, line up at one of the two podiums in the room and wait for your turn. Each speaker will have up to 3 minutes (or as directed) to address the City Council.

To maintain a respectful and orderly atmosphere during the meeting, attendees shall refrain from using horns or amplified speakers. Signs and props may be brought into the Chamber, provided they do not exceed 11 inches by 18 inches in size and do not hinder the visibility of other attendees. The possession of poles, sticks, or stakes is strictly prohibited.

All attendees must remain seated while in the chamber until instructed by the Presiding Officer to approach and line up for public comment. To ensure safety and maintain order during the proceedings, standing or congregating in the aisles or foyer is strictly prohibited.

Further information regarding the City's regulations on addressing the City Council and expected conduct during meetings are available at the following links.

Title 2: Administration
§ 2-61: Conduct while addressing the council.
https://ecode360.com/42609578
Title 2: Administration
§ 2-64: Disorderliness by members of the audience.
https://ecode360.com/42609598
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/86098580031?pwd=3B9LF32StrAXk7lRxtPGKRQC6TQO1r.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 860 9858 0031/ Password: 230425
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

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Agenda - Final Amended October 7, 2025
Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 860 9858 0031/ Password: 230425 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.

Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

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

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

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Agenda - Final Amended October 7, 2025
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

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

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

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

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

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.

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

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

35.102.35.104 ADA Title II].

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Agenda - Final Amended October 7, 2025
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

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

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION – TWO CASES
Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION – THREE CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al.
440 Fair Dr. and 1779 Newport Blvd.

Orange County Superior Court Case No. 30-2020-01170520

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D'Alessio Investments LLC v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01132646

5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D’Alessio v. City of Costa Mesa, et al.,
United States District Court, Central District of CA, Case No. 8:25-cv-00679-DOC-DFM

6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Farrell Harrison v. City of Costa Mesa, et al., Orange County Superior Court Case No. 30-2025-01495293-CU-WM-CJC

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Agenda - Final Amended October 7, 2025

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY OCTOBER 7, 2025 – 6:00 P.M.

JOHN STEPHENS
Mayor

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

ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2

JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1

KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY City Attorney Interim City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

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

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Proclamation: Breast Cancer Awareness Month

2. Recognition of the Newport Mesa Girls Softball 8U All Stars

3. Recognition of Costa Mesa Little League Player Gavin Brandon PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.

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Agenda - Final Amended October 7, 2025

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Gameros

2. Council Member Marr

3. Council Member Reynolds

4. Council Member Pettis

5. Council Member Buley

6. Mayor Pro Tem Chavez

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
25-525
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

2. READING FOLDER 25-526
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Lydia Bolanos, Mike Carrillo, Carolyn Hanson, Ana Ruiz.

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7 REGULAR CITY COUNCIL AND HOUSING
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Agenda - Final Amended October 7, 2025

3. ADOPTION OF WARRANT RESOLUTION 25-441
RECOMMENDATION:

City Council approve Warrant Resolution No. 2741.

1. Summary Check Registration 09-05-2025

2. Summary Check Registration 09-11-2025

3. Summary Check Registration 09-18-2025

4. Summary Check Registration 09-22-2025
Attachments:

4. MINUTES 25-527
RECOMMENDATION:

City Council approve the minutes of the regular meeting of September 2, 2025 and the adjourned regular meeting of September 9, 2025.

1. 09-02-2025 Draft Minutes

2. 09-09-2025 Draft Minutes
Attachments:

5. PROPOSED AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR EVERETT DOREY, LLP FOR LEGAL SERVICES
25-520
RECOMMENDATION:

Staff recommends the City Council approve the proposed First Amendment to the Professional Services Agreement for Everett Dorey, LLP for legal services and determine the effective date of the amendment, and authorize the City Manager and the City Clerk to execute the amendment.

1. Everett Dorey LLP - PSA to provide legal services
-02-19-2019

2. CM-CC PSA Everett Dorey LLP - Amend 1
Attachments:

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Agenda - Final Amended October 7, 2025

6. ACCEPTANCE AND ALLOCATION OF THE OPERATION

STONEGARDEN (OPSG) FUNDS
25-524
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Agreement for the Operation Stonegarden (OPSG) Funds and authorize the City Manager, or designee, to execute the agreement for a period of performance from September 1, 2024 through May 31, 2027.

2. Adopt Resolution No. 2025-XX authorizing the acceptance of the OPSG Funds and authorizing the City Manager, or designee, to accept the funds in the amount of $170,000.

3. Approve revenue and expense appropriations in the amount of $170,000 for the OPSG Funds.

1. 2024 OPSG Memorandum Of Agreement

2. Exhibit A - 2024 OPSG Budget Worksheet

3. Exhibit B - 2024 OPSG Standard Assurances & Program
Standard Assurances Addendum

4. Reso - Authorizing Acceptance of FY 2024 OPSG Funds
Attachments:

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

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

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9 REGULAR CITY COUNCIL AND HOUSING
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Agenda - Final Amended October 7, 2025
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. 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
25-519
RECOMMENDATION:

Staff recommends the City Council close the open public hearing and continue the project to a date uncertain.

1. Continuation RequestAttachments:

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Agenda - Final Amended October 7, 2025

2. APPEAL OF PLANNING APPLICATION 23-14 AND TENTATIVE
PARCEL MAP 2023-117 FOR A RESIDENTIAL SMALL LOT

SUBDIVISION TO CREATE TWO PARCELS, EACH CONTAINING A

NEW TWO-STORY DETACHED SINGLE-FAMILY RESIDENCE AND
AN ATTACHED TWO-CAR GARAGE AT 2308 SANTA ANA AVENUE
25-440
RECOMMENDATION:

Staff recommends the City Council:

1. Find that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15), Minor Land Divisions for the parcel map application, and Section 15303 (Class 3), New Construction or Conversion of Small Structures for the design review application.

2. Find the project statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66.

3. Approve Parcel Map No. 2023-117 and Design Review PA-23-14 based on findings of fact and subject to conditions of approval.

Agenda Report

1. Draft Resolution

2. Filed Appeal

3. Revised Landscaping Plans

4. Planning Commission Resolution

5. Planning Commission Agenda Report

6. Planning Commission Public Comments

7. Planning Commission Minutes

8. Planning Commission Approved Project Plans
Attachments:

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Agenda - Final Amended October 7, 2025
OLD BUSINESS:

1. CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM FOR

COMMUNITY BASED TRANSIT - AMENDMENT ONE
25-518
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment One to the Contractor Services Agreement (CSA) with Circuit Transit, Inc. for the Clean Mobility Options (CMO) Voucher Pilot Program in an amount not to exceed $650,000 annually, for a term of two ( 2) years.

2. Authorize an increase of appropriation of the Clean Mobility - On Demand Transit Services from $500,000 to $650,000 for Fiscal Year 2025-26.

3. Authorize the Interim City Manager and the City Clerk to execute the agreement and future amendments to the agreement.

1. Voucher Agreement Amendment 1

2. Amendment One to CSA with Circuit Transit
Attachments:

2. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 (PLANNING

ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL

CODE TO PROVIDE TECHNICAL UPDATES AND CLARIFICATIONS
(CODE AMENDMENT PCTY-25-0001)
25-445
RECOMMENDATION:

Staff recommends the City Council adopt Ordinance No. 2025-XX approving Zoning Code Amendment PCTY-25-0001, amending Title 13 of the Costa Mesa Municipal Code (Planning, Zoning, and Development) to modify the City’s Zoning Code to provide technical updates and clarifications.

Agenda Report

1. Draft Ordinance

2. Legislative Digest
Attachments:

NEW BUSINESS: NONE.

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-525 Meeting Date: 10/7/2025
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

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13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-526 Meeting Date: 10/7/2025
TITLE:

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

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Lydia Bolanos, Mike Carrillo, Carolyn Hanson, Ana Ruiz.

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14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-441 Meeting Date: 10/7/2025
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2741.

BACKGROUND:

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

FISCAL REVIEW:

Funding Payroll Register No. 25-18 On Cycle for 4,243,653.20, 25-19 On Cycle for 3,997,253.17, and 25-18 “A” Off Cycle for 1,1840.46, and City operating expenses for $5,469,802.82.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-527 Meeting Date: 10/7/2025
TITLE:

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

City Council approve the minutes of the regular meeting of September 2, 2025 and the adjourned regular meeting of September 9, 2025.

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99 Minutes – Regular Meeting September 2, 2025 Page 1 of 15

REGULAR CITY COUNCIL AND HOUSING AUTHORITY
SEPTEMBER 2, 2025 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Marr (Via Zoom Webinar), Council Member Pettis, Council Member Reynolds (Arrived 4:03 p.m.), Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: None.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: RDK Group Holdings, LLC v. City of Costa Mesa, Orange County Superior Court Case No. 30 2025 0149581 CU WM WJC

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Farrell Harrison v. City of Costa Mesa, et al., Orange County Superior Court Case No. 30-2025-01495293-CU-WM-CJC

5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE 100
Minutes – Regular Meeting September 2, 2025 Page 2 of 15

6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Perdomo, et al. v. Noem, et al.,
United States District Court for the Central District of California Case No. 2:25-cv-05605-MEMF-SP

7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: DBO Investments CM, LLC v. Costa Mesa
Orange County Superior Court Case No. 30-2023-01360125-CU-CR-NJC.

City Council recessed at 4:03 p.m. for Closed Session.

Closed Session adjourned at 5:55 p.m.

CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:03 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the Mayor led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Phil Eyskens, Lighthouse Church.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Marr (Via Zoom Webinar), Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

The City Council presented a proclamation in recognition of 2025 Hunger Action Month.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Jay Humphrey, Costa Mesa, spoke on safety and e-bike riders, spoke on the Fairview Developmental Center Housing Plan and the Fairview Park Master Plan, and requested the drafts of the documents be provided to the public in advance, and spoke in favor of an ethics policy.

Kim Hendricks spoke on Fairview Park activities and tours.

Speaker, requested the removal of the stop sign at Gisler Ave. and Washington Ave. and submitted a petition.
101
Minutes – Regular Meeting September 2, 2025 Page 3 of 15 Cynthia Blackwell, Costa Mesa, requested new stop signs at Crystal Court, expressed appreciation for the work on the fencing on South Coast Drive, expressed safety concerns regarding e-bikes and students from Costa Mesa High School riding double with no helmets, and requested enforcement on e-bike riders.

Speaker, thanked staff and the City Council for increasing walkability and sustainability in the city.

Ceasar Garcia, thanked staff and the City Council for providing assistance for the community.

Juana Trejo, thanked staff and the City Council for food distribution programs, thanked the Police Department for being present in the community, and thanked Mr. Godinez for his work in the community.

Speaker, expressed concerns about the demolition at the Fairview Developmental Center and inquired if a survey was done regarding wildlife at the site and spoke on Measure K and density.

Speaker, spoke on ethics and Measure K and spoke on items on the agenda.

Jose Toscana thanked the Mayor for acknowledging September 2025 as Hunger Action Month, and spoke on bringing forth the Fairview Park Master Plan and requested it be released in advance for the public to review.

Cynthia McDonald, Costa Mesa, spoke on an ethics policy and code of conduct, requested the City Council adopt a sunshine ordinance, spoke on compliance with the Brown Act, and requested information on the size of signs allowed in the Council Chambers.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Pettis spoke on attending the meetings on housing, spoke on the importance of financial responsibility and public engagement, spoke on “Speak Up Newport”, and requested additional town halls and community input.

Council Member Buley spoke on meeting with residents regarding signage and traffic concerns on Gisler Ave. and Harbor Blvd., spoke on attending the Historical Society 100 years of service event by the Fire Department, spoke on meeting with the Transportation Division and upcoming meetings with the Neighborhood Improvement Manager and the Police Department, and spoke on the community outreach seminar on September 3rd.

Council Member Gameros reminded everyone that the Costa Mesa Senior Center is a cooling center during the heat waves.
102
Minutes – Regular Meeting September 2, 2025 Page 4 of 15 Council Member Reynolds spoke on attending the housing outreach meetings and encouraged additional outreach, provided feedback on the community outreach plan, thanked the Costa Mesa Police Department for responding to community issues, requested the Parks and Community Services Commission to review the Fairview Park Master Plan and to present to the City Council their recommendation on values and principals, requested from staff a brief memo on subcommittees, requested the information on the website regarding the Fairview Developmental Center be updated, and spoke on traffic issues.

Mayor Pro Tem Chavez spoke on the Battle of the Bell football game, spoke on attending the housing walk, spoke on e-bike concerns, requested staff to review e-bike requirements for students in the City of Irvine, and requested to adjourn the meeting in honor of Allison Castillo and spoke in her memory, and thanked the community for their support.

Mayor Stephens spoke on the timeline for releasing the Fairview Park Master Plan and releasing the agenda a week in advance, spoke on the letter from the Parks and Community Services Commission Chair and Vice Chair and agrees with the comments from Council Member Reynolds, spoke on e-bike enforcement, spoke on community engagement, and praised Mayor Pro Tem Chavez.

REPORT – CITY MANAGER – Ms. Gallardo-Daly recognized five Police Officers for saving the lives of two runners at the Orange County Marathon, recognized CMTV for six awards received from the National Association of Telecommunications Officers and Associates, and spoke on the next housing workshop on September 10th from 6:00 p.m. to 8:00 p.m.

REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR
MOVED/SECOND: Mayor Pro Tem Chavez/Mayor Stephens
MOTION: Approve the Consent Calendar except for Consent Calendar Item No. 5.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received from Ware Disposal and Everrett Dorey.

Motion carried: 7-0

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

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.
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2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Warren Franklin, Carolyn Hanson, Craig Marshall, Daisy Martinez.

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2739.

4. MINUTES
ACTION:

City Council approved the minutes of the Special Closed Session meetings of July 1, 2025 and July 8, 2025.

6. MAINTENANCE SERVICES AGREEMENTS FOR ON-CALL HVAC MAINTENANCE

AND REPAIRS
ACTION:

1. City Council approved and authorized the Interim City Manager and the City Clerk to execute a two-year Maintenance Services Agreement (MSA) to provide on-call Heating, Ventilation and Air-Conditioning (HVAC) mechanical automation system repairs and maintenance services, with three (3) one-year renewal periods, in an aggregate amount not to exceed $200,000 annually in a form as approved by the City Attorney to:
• FM Thomas
• Harbor Pointe
• Southland Industries

2. Authorized the Interim City Manager and the City Clerk to execute the agreements and any authorized amendments to the agreements.
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ITEMS PULLED FROM THE CONSENT CALENDAR

5. AGREEMENT FOR A SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE

CITY OF COSTA MESA AND NEWPORT-MESA UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2025-2026
Public Comments: None.

MOVED/SECOND: Council Member Reynolds/Mayor Stephens
MOTION: Approve staff recommendation incorporating the updated contract language that was provided to the City Council at the meeting. Also, to incorporate language into the contract for any additional training and reporting activities developed between Newport Mesa Unified School District staff and the Costa Mesa Police Department.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays:None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council approved the updated contract language that was provided to the City Council at the meeting. Also, incorporated language into the contract for any additional training and reporting activities developed between Newport Mesa Unified School District staff and the Costa Mesa Police Department.

2. Authorized the Interim City Manager to execute the agreement. -------------------------------------END OF CONSENT CALENDAR------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER XVI (PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 11
(OFFENSES-MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE TO

ESTABLISH REGULATIONS PROHIBITING THE UNLAWFUL SALE OR

DISTRIBUTION OF NITROUS OXIDE IN THE CITY
Presentation by Police Captain Chamness.

Public Comments:

Robbie LaBounty, Representing Supervisor Foley’s Office, read a letter in support of the ordinance.
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Minutes – Regular Meeting September 2, 2025 Page 7 of 15 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays:None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council introduced for first reading, by title only, Ordinance No. 2025-06, adding Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) to Title 11 (Offenses-Miscellaneous) of the Costa Mesa Municipal Code to establish regulations prohibiting the unlawful sale or distribution of nitrous oxide in the City.

2. 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
Public Comments:

Speaker, spoke on work already commencing at the site location.

MOVED/SECOND: Mayor Pro Tem Chavez/Mayor Stephens
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays:None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council continued the open public hearing to the October 7, 2025, City Council meeting.
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3. APPEAL OF THE DIRECTOR OF DEVELOPMENT SERVICES’ DETERMINATION THAT CANNABIS BUSINESS PERMIT MQ-21-15 FOR A CANNABIS STOREFRONT LOCATED AT 2301 NEWPORT BOULEVARD (CULTURE CANNABIS CLUB) IS

NON-OPERATIONAL AND ABANDONED
Public Comments: None.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Continue the public hearing to the October 21st City Council meeting.

Council Member Buley spoke on the process, the applicant not meeting timelines, and spoke on not supporting the motion.

ORIGINAL MOTION/SECOND: Mayor Stephens/Mayor Pro Tem Chavez MOTION: Continue the public hearing to the October 21st City Council meeting.

The motion carried by the following roll call vote:

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

Nays: Council Member Buley and Council Member Gameros.

Absent: None.

Abstain: None.

Motion carried: 5-2
ACTION:

City Council continued the open public hearing to the October 21, 2025, City Council meeting.

City Council recessed into a break at 8:07 p.m.

City Council reconvened at 8:21 p.m.

OLD BUSINESS:

1. SECOND READING AND ADOPTION OF AN ORDINANCE TO REZONE THE

PROJECT SITE FROM ADMINISTRATIVE AND PROFESSIONAL (AP) TO MULTIPLE FAMILY RESIDENTIAL (R3) FOR THE 142 UNIT RESIDENTIAL OWNERSHIP PROJECT LOCATED AT 3150 BEAR STREET (MERITAGE HOMES) Presentation by Mr. Yeager, Senior Planner.

Public Comments:

Speaker, spoke on the pedestrian gate, and expressed concern on traffic flow on Bear St. and Bristol St.

Speaker, spoke on which schools the children would attend, and traffic concerns on Bear St.
107
Minutes – Regular Meeting September 2, 2025 Page 9 of 15 Cynthia McDonald, Costa Mesa, expressed concerns on lack of parking, spoke on the low annual net revenue of the project, and stated opposition to taking City land without compensation.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays:None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council gave second reading to and adopted Ordinance No. 2025-05 to approve the rezone for subject property from Administrative & Professional (AP) to Multiple Family Residential (R3).

2. AWARD OF THE TEWINKLE PARK LAKES REPAIR AND REHABILITATION PROJECT, CITY PROJECT NO. 24-12, AND FINDING OF CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL EXEMPTION
Presentation by Mr. Ryan, Maintenance Services Manager.

Public Comments:

Speaker, spoke on the Finance and Pension Advisory Committee reviewing the item, spoke on understanding the cost for the project, and a possible liability for the future.

Speaker, spoke in support of the item.

Speaker, Costa Mesa, stated that the geese and ducks have ruined the area, expressed concern on the water quality, and suggested to look at other options.

Cynthia McDonald, Costa Mesa, spoke in support of the item.

Jake Comer, Costa Mesa, spoke in support of the item.

MOVED/SECOND: Council Member Gameros/Council Member Pettis MOTION: Continue the item to another meeting.
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Minutes – Regular Meeting September 2, 2025 Page 10 of 15 SUBSTITUTE MOTION/SECOND: Mayor Stephens/Council Member Reynolds SUBSTITUTE MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: Council Member Buley, Council Member Gameros, and Council Member Pettis.

Absent: None.

Abstain: None.

Motion carried: 4-3
ACTION:

1. City Council made a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301.

2. Adopted plans, specifications, and working details for the TeWinkle Park Lakes Repair and Rehabilitation Project, City Project No. 24-12.

3. Awarded a Public Works Agreement (PWA) for construction to Houalla Enterprises, Ltd. (dba Metro Builders & Engineers Group, Ltd.) 2610 Avon Street, Newport Beach, California 92663 in the amount of $2,459,777, and authorized a ten percent (10%) contingency in the amount of $245,978 for unforeseen costs related to this project.

4. Authorized the Interim City Manager and the City Clerk to execute the PWA for Houalla Enterprises, Ltd. (dba Metro Builders & Engineers Group, Ltd.) and future amendments to the agreement within Council authorized limits.

3. AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR CATEGORY 6A (CAT6A) STRUCTURED CABLING AND VERKADA CAMERA INSTALLATION WITH

BCS CONSULTANTS
Presentation by Mr. Steinke, IT Manager.

Public Comments:

Edward Coleman, spoke on the bidding thresholds, the scoring matrix, and is against awarding the item to BCS Consultants.

Speaker, spoke on the IT Strategic Plan and inquired when the cabling was proposed in the initial five-year plan, and spoke on the process.
109
Minutes – Regular Meeting September 2, 2025 Page 11 of 15 MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Reynolds MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays:None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council authorized the Interim City Manager and City Clerk to execute a Professional Services Agreement (PSA) for network cable and camera installation to BCS Consultants, 9910 Irvine Center Drive, Irvine, CA 92618 in the amount of $740,684 for a two-year term, with the option for a one (1) one-year renewal.

2. Authorized a five percent (5%) contingency in the amount of $37,034 for unforeseen costs.

3. Authorized the Interim City Manager or designee to execute future authorized amendments to the agreement.

4. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESULTS OF THE

ORANGE COUNTY POWER AUTHORITY (OCPA) FEASIBILITY STUDY
Presentation by Ms. Jakher, Assistant to the City Manager and Mr. Mosca, representing the Orange County Power Authority.

Public Comments:

Mike Ralph spoke in opposition of joining the Orange County Power Authority.

Tomas Castro, Climate Action Campaign, spoke in support of joining the Orange County Power Authority.

Vicki Johnson, Laguna Woods, spoke in opposition of joining the Orange County Power Authority.

Ralph Taboada, Costa Mesa, inquired on the rates and the impacts if Costa Mesa joins, and spoke on the short timeframe to make a decision.

Michelle Johnson, Irvine, spoke in opposition of joining the Orange County Power Authority.

David Martinez, spoke in support of joining the Orange County Power Authority. 110
Minutes – Regular Meeting September 2, 2025 Page 12 of 15 Speaker, spoke in opposition of joining the Orange County Power Authority.

Speaker, spoke in opposition of joining the Orange County Power Authority and encouraged the City Council to do their due diligence.

Harvey Liss, Irvine, spoke in opposition of joining the Orange County Power Authority.

Craig Preston, Costa Mesa, spoke in support of joining the Orange County Power Authority.

Jake Comer, Costa Mesa, spoke in support of joining the Orange County Power Authority.

Speaker, spoke on climate change and in opposition of joining the Orange County Power Authority.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Direct staff to draft an ordinance for the October 7 th meeting to join the Orange County Power Authority.

Council Member Reynolds requested to add that the item be reviewed by the Finance and Pension Advisory Committee on September 10 th prior to the ordinance being considered by City Council.

Council Member Marr agreed to the request.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Direct staff to draft an ordinance for the October 7 th meeting to join the Orange County Power Authority and for the item be reviewed by the Finance and Pension Advisory Committee on September 10th prior to the ordinance being considered by City Council.

The motion carried by the following roll call vote:

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

Nays: Council Member Buley and Council Member Pettis.

Absent: None.

Abstain: None.

Motion carried: 5-2
ACTION:

City Council directed staff to draft an ordinance for the October 7 th meeting to join the Orange County Power Authority and for the item be reviewed by the Finance and Pension Advisory Committee on September 10th prior to the ordinance being considered by City Council.
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Minutes – Regular Meeting September 2, 2025 Page 13 of 15 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Continue the New Business Items to September 9, 2025 at 6:00 p.m. and Closed Session at 5:00 p.m.

Council Member Reynolds requested to still consider New Business Item No. 1 and only continue New Business items 2 and 3.

Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the request.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Continue New Business Item Nos. 2 and 3 to September 9, 2025 and Closed Session at 5:00 p.m.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
NEW BUSINESS:

1. AWARD OF THE FAIRVIEW ROAD ACTIVE TRANSPORTATION AND REHABILITATION PROJECT, CITY PROJECT NO. 25-10, STATE PROJECT NO.

CRASL-5312(106), AND FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) CATEGORICAL EXEMPTION
Presentation by Mr. Nikoui, Senior Engineer.

Public Comments:

David Martinez, Costa Mesa, spoke in support of the item.

Andrew Barnes, Costa Mesa, spoke in support of the item.

Speaker, spoke in opposition of the item.

Cynthia McDonald, Costa Mesa, spoke in support of the item.

Craig Preston spoke in support of the item.
112
Minutes – Regular Meeting September 2, 2025 Page 14 of 15 MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays:Council Member Pettis.

Absent: None.

Abstain: None.

Motion carried: 6-1
ACTION:

1. City Council made a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301.

2. Adopted plans, specifications, and working details for the Fairview Road Active Transportation and Rehabilitation Project, City Project No. 25-10, State Project No.

CRASL-5312(106).

3. Awarded a Public Works Agreement (PWA) for construction to Hardy & Harper, Inc., 32 Rancho Circle, Lake Forest, California 92630, in the amount of $2,860,000, and authorized a ten percent (10%) contingency in the amount of $286,000 for unforeseen costs related to this project.

4. Authorized the Interim City Manager and the City Clerk to execute the PWA for Hardy & Harper, Inc., and future amendments to the agreement within Council authorized limits.

2. UPDATE ON SUPPORT SERVICES AND ASSISTANCE FOR RESIDENTS AND

TRACKING OF AT-FAULT EVICTIONS
ACTION:

City Council continued the item to the September 9, 2025, City Council meeting.

3. UPDATE ON OPTIONS FOR LEGAL ASSISTANCE FOR RESIDENTS AND

POTENTIAL PARTICIPATION IN LAWSUIT CHALLENGING ROAMING

IMMIGRATION ENFORCEMENT PATROLS
ACTION:

City Council continued the item to the September 9, 2025, City Council meeting.

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

ADJOURNMENT – Mayor Stephens adjourned the meeting at 11:52 p.m. in honor and memory of Allison Castillo.
113
Minutes – Regular Meeting September 2, 2025 Page 15 of 15 Minutes adopted on this 7th day of October, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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Minutes – Adjourned Regular Meeting September 9, 2025 Page 1 of 8

ADJOURNED REGULAR MEETING
SEPTEMBER 9, 2025 – MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 5:00 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Marr (Arrived at 5:02 p.m.), Council Member Pettis, Council Member Reynolds (Arrived at 5:02 p.m.), Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: Council Gameros.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION – FOUR CASES
Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: RDK Group Holdings, LLC v. City of Costa Mesa, Orange County Superior Court Case No. 30 2025 0149581 CU WM WJC.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Pacific Shores Recovery, LLC, et al., Orange County Superior Court Case No. 30-2019-01100581-CU-OR-NJC.

City Council recessed at 5:02 p.m. for Closed Session.

Closed Session adjourned at 5:58 p.m.

CALL TO ORDER - The Adjourned Regular Meeting of the City Council and Housing Authority was called to order by Mayor Stephens at 6:02 p.m.

PLEDGE OF ALLEGIANCE – Led by Mayor Stephens.
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Minutes – Adjourned Regular Meeting September 9, 2025 Page 2 of 8

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – Ms. Hall Barlow reported on potential litigation on four cases, motion by Council Member Buley and seconded by Council Member Marr to authorize staff to initiate litigation in all four matters listed in Closed Session item number 1.

NEW BUSINESS:

Mayor Stephens recused himself from New Business item No. 1 due to a potential conflict of interest, due to campaign contributions received from the Apartment Associations and the decision on this item could indirectly affect them. Mayor Pro Tem Chavez assumed the role as presiding officer in his absence.

1. UPDATE ON SUPPORT SERVICES AND ASSISTANCE FOR RESIDENTS AND

TRACKING OF AT-FAULT EVICTIONS
Presentation by Ms. Reyes, Deputy City Manager, Mr. Escobar, Management Analyst, and Mr. Barkman, Government Affairs Manager.

Council Member Buley questioned the action taken at the August 5, 2025 Council Meeting regarding the allocation of $100,000 to two non-profit organizations.

Ms. Hall Barlow, City Attorney, responded that the item had been properly agendized but recommended that the City Council ratify the decision through a motion.

Public Comments:

Christian Lopez, Resilience Orange County, spoke in support of a rental registry and tracking of all evictions, urged the City Council to support tenant rights and housing stability, prevent unlawful evictions, requested landlords to provide advance notice to tenants, and establish clear procedures.

Perry Cliffero, spoke in support of a rental registry.

Victor Valladares, Resilience Orange County, spoke in support of a rental registry.

Roberto Herrera, Resilience Orange County, spoke on immigration enforcement/actions and its impact on evictions, requested to require the eviction notice prior to the eviction, advocated to provide the city more time to review and intervene, and spoke in support of a rental registry.
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Minutes – Adjourned Regular Meeting September 9, 2025 Page 3 of 8 Brook Gray, Costa Mesa, spoke in support of a rental registry and tracking no-fault evictions.

Margaret Sharp, spoke in support of a rental registry and tracking no-fault evictions as well as rental assistance.

Speaker, advised the City Council to conduct exploratory work regarding a rental registry and expressed support of tracking data, emphasizing being mindful about the data collected.

Shawn Drexler, Costa Mesa, spoke in support of a rental registry.

Juana Trejo, Promotoras de Salud de Orange County, spoke on the funds that helped individuals pay their rent and assist with medical treatments. Spoke on abandoned apartments, stated constituents are living in fear and are not reporting crimes due to fear of being detained. Thanked the City Council for not being part of the systemic violence and for everything they have done.

Speaker, spoke against a rental registry.

Priscilla Baltezar, Costa Mesa, thanked the City Council for the $100,000 donation, helping the community, and spoke in support of a rental registry.

Speaker, spoke in support of a rental registry.

Carmen Ramirez, spoke on how members of the community are unjustly being evicted and in support of a rental registry.

Speaker, Costa Mesa, thanked the City Council for the donation but requested to increase allocation for housing, food, and legal expenses, spoke in support of a rental registry, requested the Council to contract with an experienced immigration law firm and spoke in favor of the City joining the Perdomo case.

Blanca Ministerio, Costa Mesa, spoke on rent hikes, fear in the community, a situation where her son and husband were kicked off a soccer field and questioned the accessibility to parks and fields in the City.

Ashley Anderson, Costa Mesa, spoke on public safety concerns, rents and supports a rental registry.

Veronica Rios, Costa Mesa, spoke in support of rent control legislation and thanked the City Council on behalf of the Shalimar community for everything that has been done.

Speaker, expressed support for rent control legislation and advocates for protecting Latino communities facing evictions and unfair rental practices. 117
Minutes – Adjourned Regular Meeting September 9, 2025 Page 4 of 8 Speaker, expressed concern about overpromising to constituents and the potential duplication of services by hiring staff for issues already addressed by established organizations. Recommended the City appoint a liaison to collaborate with these organizations and help direct constituents to the most appropriate resources.

MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Update the tenant protection ordinance to require notice of any eviction, for staff to develop a proposal for a Costa Mesa rental registry modeled after the City of Santa Ana’s rental registry (minus the rental cap), and establish a Network for Renters’ Solutions; modeled after Costa Mesa’s Network for Homeless Solutions (NHS) with a focus on improving outreach communication to the renter/landlord population and help identify and propose solutions for key renter/landlord challenges.

The motion carried by the following roll call vote:

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

Nays: Council Member Buley and Council Member Pettis.

Absent: None.

Abstain: Mayor Stephens.

Motion carried: 4-2
ACTION:

1. City Council requested staff to update the tenant protection ordinance to require notice of any eviction.

2. Directed staff to develop a proposal for a Costa Mesa rental registry modeled after the City of Santa Ana’s rental registry (minus the rental cap).

3. Directed staff to establish a Network for Renters’ Solutions modeled after Costa Mesa’s Network for Homeless Solutions (NHS) with a focus on improving outreach communication to the renter/landlord population and help identify and propose solutions for key renter/landlord challenges.

Mayor Stephens returned to the dais at 7:46 p.m.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Ratify the decision from the August 5, 2025 City Council Meeting to donate $100,000 to two local non-profit organizations, Enough for All Fund ($50,000) and Someone Cares Soup Kitchen ($50,000).

The motion carried by the following roll call vote:

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

Nays: Council Member Buley and Council Member Pettis

Absent: None.

Abstain: None.

Motion carried: 5-2
ACTION:

City Council ratified decision from the August 5 Council Meeting to donate $100,000 to two local non-profit organizations, Enough for All Fund ($50,000) and Someone Cares 118
Minutes – Adjourned Regular Meeting September 9, 2025 Page 5 of 8 Soup Kitchen ($50,000).

2. UPDATE ON OPTIONS FOR LEGAL ASSISTANCE FOR RESIDENTS AND

POTENTIAL PARTICIPATION IN LAWSUIT CHALLENGING ROAMING

IMMIGRATION ENFORCEMENT PATROLS
Presentation by Ms. Hall Barlow, City Attorney.

Public Comments:

Betsy Desmore, Costa Mesa, spoke on the contribution and benefit of immigrants in the community/economy, requested City Council support with at least $200,000 in assistance, and creation of an advisory committee formed of community members, and provided copies of the most recent customs and immigration forms and fees.

Roberto Herrera, Resilience Orange County, spoke in support of joining the Perdomo case, legal assistance, and prioritizing Costa Mesa residents, and spoke on the latest Supreme Court ruling.

Speaker, Party for Socialism and Liberations, spoke on the recent ICE U-Haul incident in Costa Mesa, the latest Supreme Court ruling, and in support of a legal defense fund and joining the Perdomo case.

Perry Cliffero, spoke on a past political event attended at the Pacific Amphitheater and in support of a legal defense fund.

Speakers, Costa Mesa, spoke together in support of a legal defense fund.

Speaker, Costa Mesa, spoke in support of a legal defense fund and joining the Perdomo case.

Jackie Gomez, Changing Hearts and Minds of Youth (CHAMOY), spoke in support for a legal defense fund and a rental registry.

Speaker, Santa Ana, spoke in support of a legal defense fund.

Itzel Ibarra, Yahaira Aguilar, Kevin Gonzalez, Changing Hearts and Minds of Youth (CHAMOY), spoke on impacts of immigration enforcements.

Speaker, Costa Mesa, spoke in support of a legal defense fund and joining the Perdomo case.

Speaker, Costa Mesa, thanked the City Council who supported the $100,000 donation and spoke in support of joining the Perdomo case and a legal defense fund, requesting $400,000 from Council.
119
Minutes – Adjourned Regular Meeting September 9, 2025 Page 6 of 8 Garrett Rincon, Costa Mesa, spoke in support of a legal defense fund and joining the Perdomo case.

Emily Glanton, Costa Mesa, thanked the City Council who supported the $100,000 donation, spoke on the recent ICE U-Haul incident in Costa Mesa and spoke in support of a legal defense fund and joining the Perdomo case.

Shawn Drexler, Costa Mesa, spoke in support of a legal defense fund and joining the Perdomo case.

Speaker, spoke on the City’s reserve funds, support of a legal defense fund, requesting $400,000 in funds, and in support of joining the Perdomo case.

Speaker, Orange County Rapid Response Network, spoke on Costa Mesa’s history regarding communities of color, and in support of a legal defense fund and joining the Perdomo case.

Speaker, Costa Mesa, spoke in support of a legal defense fund; specifically for Costa Mesa families affected by immigration enforcement, and supports joining the Perdomo case.

Juana Trejo, spoke on efforts with Mayor Pro Tem Chavez of assisting families with drafting Power of Attorney letters in case of family separation, the fear the community is facing, and praised the City Council’s leadership.

Melissa Shepard, The Immigrant Defenders Law Center (ImmDef), spoke on services and resources of ImmDef and in support of a legal defense fund and joining the Perdomo case.

Priscilla Baltezar, Costa Mesa, thanked the City Council for the $100,000 donation, rental registry, and spoke in support of a legal defense fund and joining the Perdomo case.

Hallie Stohler, spoke in support of a legal defense fund and joining the Perdomo case.

Speaker, spoke against funding a legal defense fund.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve the creation of a legal defense fund in the amount of $200,000, direct staff to enter into an agreement with The Immigrant Defenders Law Center (ImmDef) as primary provider, and the Public Law Center as the secondary provider.

Include that the fund would benefit Costa Mesa residents (including those detained outside the City), individuals detained within Costa Mesa, and City staff and their families. Authorize the fund to be open for public donations and for staff to provide a report upon the fund reaching $50,000, outlining expenditures to date, and assessing the need for additional funding for City Council discussion and allocation. Lastly, sign on to Amicus Brief in the case of Perdomo, et al. v. Noem, et al. 120
Minutes – Adjourned Regular Meeting September 9, 2025 Page 7 of 8 The motion carried by the following roll call vote:

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

Nays: Council Member Buley and Council Member Pettis

Absent: None.

Abstain: None.

Motion carried: 5-2
ACTION:

1. City Council approved the creation of a legal defense fund in the amount of $200,000.

2. Directed staff to enter into an agreement with The Immigrant Defenders Law Center (ImmDef) as primary provider, and the Public Law Center as the secondary provider.

3. Specified that the fund would benefit Costa Mesa residents (including those detained outside the City), individuals detained within Costa Mesa, and City staff and their families.

4. Authorized the fund to be open for public donations.

5. Directed staff to provide a report upon the fund reaching $50,000, outlining expenditures to date, and accessing the need for additional funding for City Council discussion and allocation.

6. Directed staff to sign on to the Amicus Brief in the case of Perdomo, et al. v. Noem, et al., United States District Court for the Central District of California, Case No. 2:25-cv-05605-MEMF-SP.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 9:28 p.m. 121
Minutes – Adjourned Regular Meeting September 9, 2025 Page 8 of 8 Minutes adopted on this 7th day of October, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
122

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-520 Meeting Date: 10/7/2025
TITLE:

PROPOSED AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR EVERETT

DOREY, LLP FOR LEGAL SERVICES
DEPARTMENT: CITY ATTORNEY’S OFFICE
PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: KIMBERLY HALL BARLOW, CITY ATTORNEY (714) 754-5399 RECOMMENDATION:

BACKGROUND:

On February 19, 2019, the City Council retained Everett Dorey, LLP to assist the City in defending against litigation brought by a number of living homes against the City, as well as to seek abatement of illegally operating group homes who failed and refused to operate within the legal requirements of the City’smunicipal codes. The original agreement is provided as Attachment 1. The agreement does not contain an end date; however, it does allow the City to evaluate the performance of the consultant, and to terminate the agreement if performance of the consultant is deemed unsatisfactory.

ANALYSIS:

The proposed amendment would increase the hourly rate for partners from $265 to $365, associates from $250 to $315 and paralegals from $120 to $140. Since the original agreement was approved, Everett Dorey has successfully defended multiple cases and obtained injunctions and judgments against unpermitted homes. They have not had an increase in their hourly rates since the agreement was approved in early 2019.

Everett Dorey has requested that the proposed increases be approved retroactive to September 2, 2025.

ALTERNATIVES:

The City Council could approve the amendment effective on approval or retroactively effective as requested. The City Council could deny approval of the amendment; however, this alternative is not recommended.

Page 1 of 2 ends

123
File #: 25-520 Meeting Date: 10/7/2025
FISCAL REVIEW:

The City has utilized services from Everett Dorey, LLP in an amount of approximately $108,000 annually, over the past three fiscal years. The amendment is estimated to increase the contract by 27%, or have an impact of an additional $29,000 annually, but may vary depending on usage.

Funding for this agreement is budgeted in Non-Departmental in the General Fund (Fund 101).

LEGAL REVIEW:

The City Attorney prepared this report and the proposed amendment.

CITY COUNCIL GOALS AND PRIORITIES:

This item achieves City Council goals:

1. Strengthen the public’s safety and improve the quality of life.

2. Diversify, stabilize and increase housing to reflect community needs.

CONCLUSION:

Staff recommends the City Council approve the proposed First Amendment to Professional Services Agreement for Everett Dorey, LLP, determine the effective date of the amendment, and authorize the City Manager and the City Clerk to execute the Amendment.

Page 2 of 2 ends

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Attachment 1
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132
133
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1 Everett Dorey LLC
Amendment One

AMENDMENT NUMBER ONE TO

PROFESSIONAL SERVICES AGREEMENT
WITH

EVERETT DOREY LLP
Th
is Amendment Number One (“Amendment”) is dated ______________, 2025, (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and EVERETT DOREY LLP (“Consultant”).

W
HEREAS, City and Consultant entered into an agreement on February 19, 2019, for Consultant as an independent contractor to provide legal services to the City, (the “Agreement”); and
WHEREAS, City and Contractor now desire to update Exhibit “C” in the Agreement and increase the compensation reflected in Section 2 of the Agreement; NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The foregoing recitals in this Amendment are hereby declared to be true and correct and are incorporated as if fully set forth herein.

2. Section 2 and Exhibit “ C” of the Agreement are amended to reflect the increase in hourly rates. Revised Exhibit “C” is attached to this Amendment.

3. All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.

4. All other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect.

5. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

I
N WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.

NSULTANT
________________________________
Date: __________________________
Seymour B. Everett
Attachment 2
144
2 Everett Dorey LLC
Amendment One

CITY OF COSTA MESA

__________________________________ Date: __________________________ Cecilia Gallardo Daly
Interim City Manager

ATTEST:

__________________________________ Date: __________________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

PURCHASING APPROVAL:

__________________________________ Date: __________________________ Carol Molina
Finance Director

145
3 Everett Dorey LLC
Amendment One
REVISED EXHIBIT “C”

FEE SCHEDULE
A. Hourly rates for legal personnel

$365 Partners
$315 Associates
$140 Paralegals

B. Standard charges

Time to be charged in minimum increments of .1 hours (6 minutes).

Everett Dorey will charge the City for the services provided pursuant to the Agreement based on the amount of time (including travel) we devote to the matter at the hourly rates for the particular professionals involved.

C. Costs/Expenses

Everett Dorey will incur on the City's behalf various costs and expenses in performing legal services under the Agreement. The City agrees to pay for those costs and expenses, in addition to the hourly fees. Cos ts and expenses incurred on the City’s behalf may include but are not limited to:

Process server fees At cost
Filing fees or other fees fixed by law
or assessed by public agencies At cost
Meals At cost
Parking At cost
Travel expenses, including lodging, air
fare, taxis, public transportation, car
rental, and meals At cost
Deposition costs At cost
Experts, consultants, or investigators At cost
Mileage At the Internal Revenue Service’s business mileage rei mbursement
guidelines
Messenger and other delivery fees At cost

D. Outside Consultants/Other Vendors

In addition to the costs of the type set forth above, it may become necessary to hire persons or entities outside Everett Dorey, including but not limited to consultants, experts, investigators, co- counsel, or other professionals. We will select any consul tants or investigators to be hired after notice to and consultation with, and approval of, the City and the City Attorney and the City agrees to honor the terms and conditions of any agreement that we enter into on the City's behalf with any such outside person or entity. to honor the terms and conditions of any agreement that we enter into on the City's behalf with any such outside person or entity. 146

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-524 Meeting Date: 10/7/2025
TITLE:

ACCEPTANCE AND ALLOCATION OF THE OPERATION STONEGARDEN (OPSG) FUNDS DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JAMES BROWN, SERGEANT
CONTACT INFORMATION: JAMES BROWN (714) 754-5058
RECOMMENDATION:

Staff recommends the City Council:

2. Adopt Resolution No. 2025-XX authorizing the acceptance of the OPSG Funds and authorizing the City Manager, or designee, to accept the funds in the amount of $170,000.

3. Approve revenue and expense appropriations in the amount of $170,000 for the OPSG Funds.

BACKGROUND:

Narcotics trafficking organizations continue to pose significant threats throughout the state of California, including the City of Costa Mesa. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure communications while conducting operations. In addition, smugglers frequently utilize dangerous tactics such as failures to yield, wrong way driving and assaults on police officers to further narcotics trafficking throughout the United States. These narcotics are plaguing the streets of Costa Mesa, causing addiction and death to members of our community.

The mission of the Department of Homeland Security, states and local law enforcement agencies including the Costa Mesa Police Department operating in Riverside, Orange, and Los Angeles Counties will collaborate to disrupt and degrade transnational criminal organizations, enhance land/coastal detection and interdiction capabilities in the combating of sophisticated narcotics trafficking organizations, and expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities to overcome the influx of deadly drugs and effectively stop these narcotic trafficking organizations for a safer community.

To help combat these criminal organizations, the California Office of Emergency Services on behalf of FEMA will award grant money to counties within California. FEMA provided grant money to the Riverside Sheriffs’ Department, and they will award subrecipients within Riverside and Orange

Page 1 of 3 ends

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File #: 25-524 Meeting Date: 10/7/2025
Riverside Sheriffs’ Department, and they will award subrecipients within Riverside and Orange Counties, including the City of Costa Mesa.

In March 2024, the Costa Mesa Police Department (CMPD) submitted a funding request from the California Office of Emergency Services on behalf of FEMA for $170,000 in funding for the purchase of a handheld x-ray imager, vehicle mileage reimbursement, and personnel operational overtime.

ANALYSIS:

In October of 2024, the California Office of Emergency Services on behalf of FEMA approved CMPD’srequest for the purchase of a handheld x-ray imager, vehicle mileage reimbursement and personnel operational overtime in the amount of $170,000. These funds will be dispersed to the City of Costa Mesa from the Riverside Sheriff’s Department. The OPSG grant program period of performance is September 1, 2024 through May 31, 2027.

The Costa Mesa Police Department conducts proactive tactical narcotic enforcement operations to identify and dismantle drug trafficking organizations. These traffickers are involved in the smuggling and sales of illegal narcotics and firearms. It is common for narcotics traffickers to use hidden compartments to conceal their contraband. The handheld X-ray Imager will allow us to locate concealed contraband quickly and effectively in hidden compartments. This device will aid us in the identification, arrest, and seizure of narcotics with more accuracy. Additionally, it will enhance officer safety and improve the ability to conduct operations within the City of Costa Mesa and in surrounding cities within Orange County.

Costa Mesa Police Department’sSpecial Investigations Unit will utilize OPSG overtime funding in order to support operations as follows: Continue collaborative operations with our local, state, and federal partners targeting organized narcotics criminal activity within the City of Costa Mesa and throughout Orange County; Multi-agency operations will include intelligence gathering and sharing amongst OPSG teams; Identifying and dismantling drug trafficking and money laundering organizations.

ALTERNATIVES:

The City Council may elect not to accept the Funds. However, this alternative is not recommended as alternative funding sources, such as the City’sGeneral Fund, would be necessary to fund the purchase of equipment, mileage reimbursement and operational overtime.

FISCAL REVIEW:

Upon approval and acceptance of the OPSG Funds, revenue and expense appropriations in the amount of $170,000 respectively will be established in the State Grants Fund (Fund 231).

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

Page 2 of 3 ends

148
File #: 25-524 Meeting Date: 10/7/2025
CONCLUSION:

Staff recommends the City Council:

2. Adopt Resolution No. 2025-XX authorizing the acceptance of the OPSG Funds and authorizing the City Manager, or designee, to accept the funds in the amount of $170,000.

3. Approve revenue and expense appropriations in the amount of $170,000 for the OPSG Funds.

Page 3 of 3 ends

149
1 AGREEMENT FOR
FISCAL YEAR 2024

OPERATION STONEGARDEN (OPSG)

1. PARTIES TO THE AGREEMENT
This Agreement is between the COUNTY OF RIVERSIDE ("COUNTY"), COUNTY OF LOS ANGELES (“LAC”), CITY OF COSTA MESA, CITY OF HAWTHORNE, CITY OF

HUNTINGTON BEACH, CITY OF LA HABRA, CITY OF NEWPORT BEACH, CITY OF SEAL BEACH (collectively the “CITIES”), and LA IMPACT (“LAI”), each a "PARTY” and collectively the "PARTIES", for support of the Operation Stonegarden ("OPSG") program.

1.1 Party Departments or Agencies Participating In The Agreement

1.1.1 For the COUNTY, participating agency is the Sheriff's Office (''SHERIFF").

1.1.2 For the CITIES, participating agencies are their respective police department.

1.1.3 For LAC, participating agency is their respective Sheriff's department.

1.1.4 For LAI, participating agency is Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force.

2. RECITALS

2.1 WHEREAS, COUNTY through SHERIFF applied for, and was awarded grant funds from the U. S. Department of Homeland Security (“DHS”) passed through the California Governor's Office of Emergency Services (“Cal OES”), under the Funding Year (FY) 2024 Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program.

2.2 WHEREAS, funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States.

2.3 WHEREAS, Government Code §55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services.

2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation.

2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order 3.41 on June 04, 2024, approved the application, appropriation, and use of FY 2024 OPSG funds to reimburse PARTIES for program related overtime and fringe benefits; equipment purchases ATTACHMENT 1
150

2 and maintenance costs; fuel; mileage; flight; and management and administration costs incurred not to exceed the amounts described in Exhibit A – FY 2024 OPSG Budget Worksheet in paragraph 2.9 (a) below, during the period of performance (POP) September 1, 2024 through May 31, 2027 but, the operational project period for PARTIES shall be the date of FEMA’s approval, April 10, 2025 through February 28, 2027.

2.6 WHEREAS, PARTIES shall retain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section §200.317-200.327, and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F - Audit Requirements regarding organization-wide financial and compliance audit reports if $1,000,000 or more of OPSG federal funds are expended in a fiscal year.

2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection.

2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).

2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program:

(a) Federal Grantor Agency: U. S. Department of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U. S. Customs and Border Protection (CBP) (d) State Administrative Agency (SAA) or Pass-Through Agency: California Governor's Office of Emergency Services (Cal OES)
(e) Program Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG)
(f) Grant Identification Number: 2024-0088
(g) Federal CFDA Number: 97.067

2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the following Exhibits attached hereto and/or available using the referenced link:

(a) Exhibit A - FY 2024 OPSG Budget Worksheet
(b) Exhibit B - FY 2024 OPSG Standard Assurances & Program Standard Assurances Addendum
(c) Exhibit C- FY 2024 OPSG Operations Order (CONFIDENTIAL, for Official Use Only/Law Enforcement Sensitive)
(d) Exhibit D - Title 2 of the Code of Federal Regulations Part 200, (e) Exhibit E - Federal Contract Provisions
(language to be developed and incorporated within a contract) 151

3 (f) Exhibit F - FY 2024 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)
(g) Exhibit G - FY 2024 Homeland Security Grant Program (HSGP) California Supplement to the Federal NOFO
(h) Exhibit H - FEMA Preparedness Grants Manual

Nothing in the Exhibits above shall limit the requirements of this Agreement.

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES will provide, a level of OPSG services as set forth in this Agreement.

3. PURPOSE AND INTENT

The purpose of this Agreement is to satisfy the OPSG grant program proposal awarded by the DHS and passed through to the Cal OES, under the FY 2024 Operation Stonegarden grant program.

4. SCOPE OF SERVICES

4.1 Method of Service Delivery
SHERIFF shall manage the OPSG grant program, oversee the funding allocation of the PARTIES, and be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES.

4.2 Overview of Basic Services
PARTIES shall perform OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES will enforce local and state laws within their designated jurisdiction subject to the California Values Act (SB 54; Chapter 495) and shall not enforce or aid in the enforcement of immigration laws on behalf of U. S.

Customs and Border Protection (CBP) and U. S. Border Patrol (BP). This Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).

5. TERM OF AGREEMENT
The OPSG grant program period of performance (POP) is September 1, 2024 through May 31, 2027, but the operational project period for PARTIES shall be the date of FEMA's approval, April 10, 2025 through February 28, 2027.

5.1 Initial Term
152

4 The term of this Agreement shall be retroactive to 12:01 a.m. on April 10, 2025 and shall continue in effect through and terminate at midnight on May 31, 2027; subject to the termination provision in paragraph 5.3.

5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2027 shall be subject to remaining grant funds and to a time extension approved by Cal OES. Any PARTY that does not agree to renew shall terminate its participation at the end of the term of this Agreement.

5.3 Termination
Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES.

5.3.1 A PARTY may terminate its participation in this Agreement immediately upon written notice to the other PARTIES in the event it becomes ineligible to receive grant funds under this Agreement.

5.3.2 As the lead agency, SHERIFF, with approval from either FEMA, CBP, and/or Cal OES as needed, may require the termination of a PARTY's participation if it is determined that the PARTY has violated the provisions of this Agreement, including failure to provide the Anticipated Outcome set forth in section 6.3.

6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES

6.1 Suspension and Debarment
SHERIFF will request, and PARTIES shall provide a copy of the SAM.gov report for their agency which shows their Active and Inactive Exclusions. Any PARTY with Active Exclusions at the onset of, or any time during, the term of this Agreement is not eligible to participate as set forth in Executive Orders 12549 and 12689, 2 CFR 200.214, and codified in 2 CFR Part 180, and shall terminate its participation in this Agreement as provided for in paragraph 5.3 Termination.

6.2 Byrd Anti-Lobbying Amendment
PARTIES that receive an award greater than $100,000 shall certify to SHERIFF on the Byrd Anti-Lobbying Certification Form attached hereto as Exhibit C, that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each PARTY shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from agency to agency up to the recipient who in turn will forward the certifications to the federal awarding agency.

153

5 6.3 Anticipated Outcome
The anticipated outcome of Operations to be performed by PARTIES under this Agreement is increased law enforcement presence in each PARTY's designated jurisdiction to support U. S. DHS and U. S. CBP efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by PARTIES and in Exhibit D – FY 2024 OPSG Operations Order.

6.3.1 PARTIES shall provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES shall utilize their unique investigatory areas of expertise in operations.

6.3.2 Increase intelligence/information sharing among PARTIES, including but not limited to:
(a) Conducting bi-monthly meetings with a minimum of one representative from each PARTY.
(b) Increasing information sharing during operations.

6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated Planning Team (IPT) at least 72 hours prior to the operation.

6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel.

6.3.3.2 The role of the IPT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant.

6.3.4 Within 48 hours following the conclusion of each Operation:

6.3.4.1 Each PARTY shall complete a Daily Activity Report (DAR) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the DAR form shall include statistical data and report from Field Interviews (FIs), Arrest Reports, and/or Citations.

6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or designee, shall enter and submit the same DAR information directly into DHS's Homeland Security Information Network (HSIN).

6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure DAR information entered in HSIN is correct and shall make necessary corrections until it is processed for approval.

6.4 Personnel Qualifications and Assignment

154

6 6.4.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification.

6.4.2 Management, Direction, and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY's personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel.

Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents, and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY.

6.4.3 Designated Operations Coordinators
SHERIFF shall select a Designated Operations Coordinator, at the rank of Sheriff's Lieutenant or higher, who shall manage and direct OPSG operations. All other PARTIES shall select a Designated Operations Coordinator for their respective agency under this Agreement. The Designated Operations Coordinator for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith to address any disputes which may arise concerning implementation of this Agreement.

6.4.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.

6.4.5 Equipment and Supplies
COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations unless otherwise specified in Exhibit D - FY 2024 OPSG Operations Order.

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7 6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations.

6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with:
"Purchased with funds provided by the U. S. Department of Homeland Security".

7. COST OF SERVICES/CONSIDERATION

7.1 General

7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the DHS passed through the Cal OES.

7.1.2 PARTIES agree that awarded funds identified as allowable costs, as set forth in Exhibit G – FY 2024 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for approved Operations operating expenses, and equipment as detailed in Exhibit A – FY 2024 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit G – FY 2024 HSGP NOFO.

7.1.3 No reimbursement shall be made to a PARTY during any period of time within which that PARTY is in default on filing any informational or financial reports required by SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances.

7.2 Project Costs/Rate of Compensation
SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit D – FY 2024 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations.

7.3 Method of Payment
PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, DARs, equipment and equipment maintenance invoices, procurement documents, purchase orders and/or contracts, and proof of payment, that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to:

Riverside County Sheriff's Office
Emily Long / Field Operations Fiscal Unit
4095 Lemon Street
156

8 Riverside, CA 92501

7.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., DARs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct.

7.3.2 PARTIES shall provide payroll records for each person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date(s) overtime worked, and fringe benefit rate and cost.

7.3.2.1 PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement.

7.3.3 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests for service maintenance and/or equipment purchase, to include the equipment inventory ledger, certified copies of invoice, purchase order, proof of payment to vendor and procurement documentation.

7.3.3.1 PARTIES shall provide procurement records that show proof of compliance to 2 CFR 200.317-200.327 requirements, and documents that substantiate full and open competition, to include but not limited to copies of solicitation (RFQ, RFB, RFP), rationale for the method of procurement, contract policy, basis for the contract type and price, purchase request, statement of work and other pre-solicitation documents, cost/price analysis (if applicable), profit negotiation (if applicable), purchase orders, federal contract provisions with required language incorporated within contracts under federal award (as directed herein by Exhibit F – Federal Contract Provision), notice of award, record of protest, performance or other bond documents, specialized endorsements, suspension and debarment listing, etc.

7.3.3.2 PARTIES shall make available to SHERIFF for inspection and upon request, all procurement records that provide historical and background information to answer inquiries pertaining to the acquisition of service maintenance and/or equipment that may arise in a review or audit or until the grant record retention period expires.

7.3.4 PARTIES shall ensure awareness, understanding and compliance to all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorization are in place for any OPSG equipment purchase that require specialized endorsement or approvals, including waiver request forms or Environmental Planning and Historic Preservation (EHP) compliance.

157

9 7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR Subpart 2.1, in accordance with 41 U.S.C. 1908, will require prior written approval from Cal OES.

7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall provide SHERIFF by email a copy of their Purchasing Agent's approval for the noncompetitive procurement which SHERIFF will submit to Cal OES for approval.

7.3.6 PARTIES shall obtain a performance bond from vendors prior to procuring equipment items costing over $250,000, or any vehicle, aircraft, or watercraft, to be paid at the time of purchase, in order to ensure delivery of the equipment within ninety (90) days of the performance period end date.

7.3.6.1 Performance bond shall be included for reimbursement with invoice.

7.3.7 Within ninety (90) business days upon receipt of valid invoice and supporting documentation specified in subparagraphs under 7.3, SHERIFF will reimburse PARTIES for the Basic Services agreed to.

7.3.8 Each PARTY shall manage their allocation and track their claims to ensure they remain within their allocated amount as specified in Exhibit A – FY 2024 OPSG Budget Worksheet.

7.4 Reimbursement Disallowances
PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claim(s) is/are past due, and funds allocated to the PARTY for that time period may be redistributed among other PARTIES.

8. PROGRAM/FINANCIAL ADMINISTRATION

8.1 PARTIES shall use as the primary reference in all programmatic, financial, and grant administration matters and adhere to the policies and regulations in Exhibit E - Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit G – FY 2024 HSGP NOFO, Exhibit H – FY 2024 HSGP CA Supplement to the NOFO, and Exhibit I – FEMA Preparedness Grants Manual, in conjunction with updates issued by the Office of Management and Budget (OMB), Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes.

8.1.1 Contract Provisions
PARTIES shall ensure that all contracts adhere to all applicable contract provisions stated in 2 CFR 200.317–200.327 and found in Appendix II - Contract 158

10 Provisions for Non-Federal Entity Contracts under Federal Awards. Reimbursement claims associated with contracts that are found to be in noncompliance will be denied.

8.1.2 Methods of Procurement
PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, Section 200.320.

9. REPAYMENT OF REIMBURSEMENTS

9.1 Any PARTY found through compliance assessments, audits, or monitoring site visits, to be out of compliance with paragraphs 7.3 and 8 above, shall retroactively repay SHERIFF, within ninety (90) days of notification, any reimbursement found out of compliance which was paid to PARTY during the term of, and even after the term, of this Agreement. This provision shall survive termination or expiration of this Agreement.

10. INDEMNIFICATION – WORKERS' COMPENSATION, EMPLOYMENT AND

CLAIMS AND LIABILITY ISSUES

10.1 The COUNTY shall fully indemnify and hold harmless non-County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY.

10.2 Each non-County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.

10.3 Each non-County PARTY shall fully indemnify and hold harmless the other non- County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or 159

11 liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.

11. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE

11.1 Claims Arising from Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement.

PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense.

11.2 Claims Arising from Concurrent Acts or Omissions
The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 11.4 below.

11.3 Joint Defense
Notwithstanding paragraph 11.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others.

11.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault.

12. GENERAL PROVISIONS

12.1 Notices
160

12 Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows, or, to such other place as each PARTY may designate by subsequent written notice to each other:

To SHERIFF:

Sheriff
Riverside County Sheriff's Office
4095 Lemon Street
Riverside, CA 92501

To Non-County PARTIES:

Chief of Police Chief of Police
Costa Mesa Police Department Hawthorne Police Department 99 Fair Drive 12501 Hawthorne Blvd
Costa Mesa, CA 92626 Hawthorne, CA 90250

Chief of Police Chief of Police
Huntington Beach Police Department La Habra Police Department 2000 Main Street 150 N Euclid Street
Huntington Beach, CA 92648 La Habra, CA 90631

Executive Director Chief of Police
LA IMPACT Newport Beach Police Department
5700 S. Eastern Avenue 870 Santa Barbara Drive
Commerce, CA 90040 Newport Beach, CA 92660

Chief of Police Sheriff
Seal Beach Police Department Los Angeles County Sheriff's Dept. 911 Seal Beach Blvd Special Enforcement Bureau
Seal Beach, CA 90740 1060 North Eastern Avenue
Los Angeles, CA 90063

A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when received.

12.2 Amendment; Assignment
161

13 This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No PARTY shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTIES.

12.3 Entire Agreement
This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non-County PARTIES with respect to the subject matter hereto.

As such, all prior written and oral understandings are superseded in total by this Agreement.

12.4 Construction
This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to, and in accordance with, the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY.

12.5 Waiver
A waiver by COUNTY or non-County PARTIES of a breach of any of the covenants to be performed by COUNTY or non-County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any PARTY to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or non- County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement.

12.6 Authority to Enter Agreement
COUNTY and non-County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY.

12.7 Cooperation
COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith to implement this Agreement.

12.8 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SHERIFF will provide each PARTY with a copy of this Agreement once fully executed.

12.9 Severability
162

14 This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.

12.10 Legislative Changes
If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the DHS imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES in this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and non-COUNTY under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s).

12.11 Representation
Each PARTIES' Chief, and/or Sheriff, or their respective designee, shall represent its PARTY in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement.

12.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, representatives described in paragraph 12.11, will meet, and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute.

12.13 Termination of Funding
If funding for reimbursement of costs related to Operations is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide Operations as described herein. In such event, PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Operations through alternate means.

12.14 Obligation
This Agreement shall be binding upon the successors of the PARTIES.

12.15 California Law
163

15 This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective April 10, 2025, unless otherwise specified.

Approved as to form and legality:

RIVERSIDE COUNTY Minh C. Tran

SHERIFF'S OFFICE OFFICE OF THE COUNTY COUNSEL

COUNTY OF RIVERSIDE

___________________________ _____________________________ Chad Bianco Amrit P. Dhillon
Sheriff-Coroner Deputy County Counsel

COSTA MESA POLICE HAWTHORNE POLICE DEPARTMENT

DEPARTMENT

___________________________ _____________________________ Ronald Lawrence Gary Tomatani
Chief Chief

HUNTINGTON BEACH POLICE LA HABRA POLICE DEPARTMENT

DEPARTMENT

___________________________ _____________________________ Eric G. Parra Adam Foster
Chief Chief

LOS ANGELES IMPACT NEWPORT BEACH POLICE

DEPARTMENT

___________________________ _____________________________ Michael Burke Dave Miner
Executive Director Chief

SEAL BEACH POLICE LOS ANGELES COUNTY
DEPARTMENT SHERIFF’S DEPARTMENT

___________________________ ___________________________ Michael Henderson Robert G. Luna
Chief Sheriff

164

16 Approved as to form:

DAWYN R. HARRISON

OFFICE OF THE COUNTY COUNSEL

COUNTY OF LOS ANGELES

___________________________
Michele Jackson
Principal Deputy County Counsel

165

EXHIBIT A
FY 2024 OPERATION STONEGARDEN

RIVERSIDE COUNTY SHERIFF'S OFFICE - SUB-RECIPIENT

SUMMARY

A B C D E F G H I
AGENCY NAME Operational OT Fringe Benefits Vehicle/Vessel Maint Equip Maint New/Replace
Equip Fuel Costs Mileage Flight Costs M&A TOTAL
Riverside County Sheriff's Department 256,169$ 17,291$ -$ -$ -$ -$ 28,140$ -$ 135,062$ 436,662$ Costa Mesa Police Department 91,860$ -$ -$ -$ 50,000$ -$ 28,140$ -$ -$ 170,000$ Hawthorne Police Department 188,188$ -$ -$ -$ -$ -$ -$ 11,812$ -$ 200,000$ Huntington Beach Police Department 164,692$ 2,388$ 1,780$ -$ 32,000$ -$ -$ 31,140$ -$ 232,000$ La Habra Police Department 63,466$ 7,406$ -$ 2,520$ 96,000$ -$ 1,608$ -$ -$ 171,000$ LA IMPACT 205,000$ -$ -$ -$ -$ -$ -$ 45,000$ -$ 250,000$ Los Angeles County Sheriff's Department 800,000$ -$ -$ -$ 120,000$ -$ -$ -$ -$ 920,000$ Newport Beach Police Department 100,000$ 1,580$ -$ -$ 70,000$ -$ -$ -$ -$ 171,580$ Seal Beach Police Department 143,101$ 2,075$ -$ -$ -$ -$ 4,824$ -$ -$ 150,000$ Grand Total Riverside County Region 2,012,476$ 30,740$ 1,780$ 2,520$ 368,000$ -$ 62,712$ 87,952$ 135,062$ 2,701,242$ Budget Narrative Category
ATTACHMENT 2
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FY 2024 Operation Stonegarden Grant - Standard Assurances Page 1 of 10 Initials

EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2024 Standard Assurances & Program Standard Assurances Addendum (All OPSG Participating Agencies)
Name of Agency:

Address:

City: State: Zip Code:

As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the Agency has the legal authority to apply for federal assistance and has the institutional, managerial , and financial capability ( including funds sufficient to pay any non -federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Agency will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Agency acceptance of the changes to the subaward.

State and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Agency hereby agrees to comply with the following:

1. Proof of Authority
The Agency will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Agency and the city council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be appropriated as required;
(b) That any liability arising out of the performance of this agreement shall be the responsibility of the Agency and the city council, governing board or authorized body; (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body;
ATTACHMENT 3
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FY 2024 Operation Stonegarden Grant - Standard Assurances Page 2 of 10 Initials (d) That the Agency is authorized by the city council, governing body, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the gran t is active) to ensure proper planning, management and completion of the project described in this application; and (e) That the official executing this agreement is, in fact, authorized to do so.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Agency is only authorized to perform allowable activities approved under the award, within the period of performance specified in the grant. Allowable activities may be initiated after approval of the award.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will b e paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Agencies shall certify and disclose accordingly.

The Agency will also comply with provisions of the Hatch Act (5 U.S.C. §§1501 -1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Agency agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 C.F.R §200.213 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies that it and its principals, contractors, or subcontractors:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a c riminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, 168
FY 2024 Operation Stonegarden Grant - Standard Assurances Page 3 of 10 Initials or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three -year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default.

Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not limited to the following:

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88 -352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681 -1683, and 1685 -1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to tho se with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd —2), relating to confidentiality of p atient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11 375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith -based organizations, under which the Agency must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940- 12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, 169
FY 2024 Operation Stonegarden Grant - Standard Assurances Page 4 of 10 Initials age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which applica tion for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

6. Drug-Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Agency will comply with State and Federal environmental standards, including:

(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and (m) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
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FY 2024 Operation Stonegarden Grant - Standard Assurances Page 5 of 10 Initials

8. Audits
For grant recipients expending $ 1,000,000 or more in federal grant funds annually, the Agency will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
The Agency must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Agency will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Agency will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Agency will establish safeguards to prohibit the Agency's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Agency will comply with 31 U.S.C § 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first -tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Agency also agrees to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

13. Whistleblower Protections
The Agency must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Agency will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.

16. Worker’s Compensation
The Agency must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 171
FY 2024 Operation Stonegarden Grant - Standard Assurances Page 6 of 10 Initials

17. Property-Related
If applicable to the type of project funded by this federal award, the Agency will:

(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs.

These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Agency will:

(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Agency is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services

20. California Public Records Act and Freedom of Information Act The Agency acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Agency should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitiv e matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgement of Federal Funding from DHS
The Agency must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

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FY 2024 Operation Stonegarden Grant - Standard Assurances Page 7 of 10 Initials

22. Activities Conducted Abroad
The Agency must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Agency collects PII, the Agency is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Agency may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Agencies are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Agency must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Agency is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Agency must comply with Preference for United States Flag Air Carriers: (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the A gency must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
If the Agency receives federal financial assistance awards made under programs that prohibit supplanting by law, the Agency must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

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FY 2024 Operation Stonegarden Grant - Standard Assurances Page 8 of 10 Initials

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Right s to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

32. SAFECOM
If the A gency receives federal financia l assistance awards made under programs that provide emergency communication equipment and its related activities, the A gency must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Agency must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Agency is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Subrecipient Integrity and Performance If the total value of the Agency’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Agency must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
The Agency must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175– 175c.

36. Use of DHS Seal, Logo, and Flags
The Agency must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Agency must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Agency and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Agency must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Agencies receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

174
FY 2024 Operation Stonegarden Grant - Standard Assurances Page 9 of 10 Initials (a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States. The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.

Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Agency recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Agency, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Agency and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Agency may be ineligible for award of any future grants if Cal OES determines that the Agency: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Agencies are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

PROGRAM STANDARD ASSURANCES ADDENDUM
As the duly authorized representative of the Agency, I hereby certify that the Agency will comply with all applicable local, state, and federal statutes, including but not limited to the following state and federal statutes prohibiting hate-based conduct:

(a) California Penal Code section 422.6(a);
(b) California Penal Code section 404.6;
(c) California Penal Code section 422(a);
(d) California Civil Code section 52.1;
(e) 18 U.S.C. § 249;
(f) 42 U.S.C. § 3631;
175
FY 2024 Operation Stonegarden Grant - Standard Assurances Page 10 of 10 Initials (g) 18 U.S.C. § 247; and
(h) 18 U.S.C. § 241, 245.

Additionally, Agency will not engage, and certifies th at it will take steps to ensure that its representatives do not engage, in conduct contrary to the purposes of the grant program and/or that threatens the safety and security of Californians, including, but not limited to, acts of violence or unlawful inti midation on the basis of race, gender, religion, national origin, sexual orientation, or other protected classifications. Prohibited conduct includes, but is not limited to, violation of the federal and state laws identified herein.

The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the above-named Agency. Agency understands that failure to comply with this Agreement and Addendum or any of the assurances may result in suspension, termination, reduction, or de-obligation of funding. Agency agrees to repay funds in the event there is a violation of grant assurances.

Name of Agency:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

Email Address:
176
RESOLUTION 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA

MESA, CALIFORNIA, AUTHORIZING ACCEPTANCE OF FISCAL YEAR 2024 OPERATION STONEGARDEN (OPSG) FUNDS WHICH ARE TO BE

USED TO DETER NARCOTICS TRAFFICKING
WHEREAS, narcotics trafficking organizations continue to pose significant threats in California, and in Costa Mesa; and
WHEREAS, federal grant funds have been allocated to the Riverside County Sheriff’s Department; to issue to sub-grantees to help disrupt and degrade transnational criminal organizations involved in narcotics trafficking; and WHEREAS, the Costa Mesa Police Department was allocated $ 170,000.00 for the purchase of a handheld x-ray imager, funding for vehicle mileage reimbursement and personnel operational overtime; and
WHEREAS, it is in the interest of the city to accept the grant funds to assist in deterring trans-national drug trafficking.

NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF COSTA MESA RESOLVES:

1. In all respects, the above recitals are hereby incorporated by reference.

2. The City Manager or designee is authorized to approve all documents necessary to accept the fiscal year 2024 OPSG funds in the amount of $170,000.00.

PASSED AND ADOPTED by this 7th day of October, 2025.

AYES:

NOES:

ABSENT:
____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ____________________________
Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney ATTACHMENT 4
177

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. 202 5-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of October, 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 7th day of October, 2025.

___________________________
Brenda Green, City Clerk
178

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-519 Meeting Date: 10/7/2025
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, SENIOR PLANNER, (714) 754-4883 RECOMMENDATION:

Staff recommends the City Council close the open public hearing and continue the project to a date uncertain.

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. The applicant subsequently requested that the project be continued to the September 2, 2025 City Council meeting and then to the October 7, 2025 City Council meeting. The applicant has requested that the project be continued to a date uncertain. (Attachment 1)
ANALYSIS:

The applicant requests that the project be continued to a date uncertain in order to allow for additional time to coordinate with the property owner. The City would republish and send out new noticing for any future agenda item related to the project.

ALTERNATIVES:

There are no recommended alternatives at this time.

FISCAL REVIEW:

The fiscal review will be included as part of the future agenda packet.

LEGAL REVIEW:

The legal review will be included as part of the future agenda packet.

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File #: 25-519 Meeting Date: 10/7/2025
CITY COUNCIL GOALS AND PRIORITIES:

The analysis of City Council goals and priorities will be included as part of the future agenda packet.

CONCLUSION:

The proposed project will be republished and the City will send out new noticing for any future agenda items related to the project.

Page 2 of 2 ends

180
From: Tim O"Brien
To: YEAGER, CHRISTOPHER
Cc: Matsler, Sean; Pam Sapetto
Subject: Hive Live
Date: Monday, September 15, 2025 1:40:03 PM
Attachments: image001.png
Chris- we would like to continue the Hive Live item to a date uncertain. If you need anything else from me, please let me know. Thank you. Tim

Timothy O’Brien
Senior Managing Director
[email protected]

OUR NEW ADDRESS:
3337 Susan Street, Suite 250
Costa Mesa, CA 92626

949.241.7988 Cell
949.930.7700 Office
DRE Corp. License No. 01201696
DRE Broker License No. 00984019

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. 181

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-440 Meeting Date: 10/7/2025
TITLE:

APPEAL OF PLANNING APPLICATION 23-14 AND TENTATIVE PARCEL MAP 2023-117 FOR A

RESIDENTIAL SMALL LOT SUBDIVISION TO CREATE TWO PARCELS, EACH CONTAINING A

NEW TWO-STORY DETACHED SINGLE-FAMILY RESIDENCE AND AN ATTACHED TWO-CAR GARAGE AT 2308 SANTA ANA AVENUE
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CAITLYN CURLEY, ASSISTANT PLANNER
CONTACT INFORMATION: CAITLYN CURLEY, ASSISTANT PLANNER, 714-754-5692 RECOMMENDATION:

Staff recommends the City Council:

2. Find the project statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66.

3. Approve Parcel Map No. 2023-117 and Design Review PA-23-14 based on findings of fact and subject to conditions of approval.

Page 1 of 1 ends

182

Page 1 of 19 ends

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 25-440 Meeting Date: 10/07/2025
TITLE: APPEAL OF PLANNING APPLICATION 23 -14 AND TENTATIVE PARCEL MAP 2023-117

FOR A RESIDENTIAL SMALL LOT SUBDIVISION (SLO) TO CREATE TWO PARCELS, EACH

CONTAINING A NEW TWO -STORY DETACHED SINGLE -FAMILY RESIDENCE AND AN ATTACHED TWO-CAR GARAGE AT 2308 SANTA ANA AVENUE

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: CAITLYN CURLEY, ASSISTANT PLANNER

CONTACT INFORMATION: CAITLYN CURLEY, ASSISTANT PLANNER, 714-754-5692

RECOMMENDATION:

Staff recommends the City Council:

2. Find the project statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66.

3. Approve Parcel Map No. 2023 -117 and Design Review PA -23-14 based on findings of fact and subject to conditions of approval.

BACKGROUND:

On August 11, 2025, by a vote of 7-0, the Planning Commission approved a design review and tentative parcel map for a residential small lot subdivision, with conditions, at the subject property. The motion adopted included an amendment to the staff recommendation for staff to work with the applicant to replace palm trees with more suitable alternatives and add screening vegetation along Parcel Two to address privacy concerns. On August 18, 2025, a timely appeal was filed by the adjacent residential neighbor.

The City Council’s consideration of an appeal is considered de novo, which means that the City Council may exercise its independent judgment on the whole of the project rather than only for the reasons listed in the appeal. Further information regarding the standard of review is provided on Page 10 of this report.

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Page 2 of 19 ends

BACKGROUND:

The subject property is located at 2308 Santa Ana Avenue. It is bounded by Santa Ana Avenue and single-family residences to the west; a multi-family development to the north and east; and single-family residential properties to the south. The site is designated “Medium Density Residential” by the Land Use Element of the General Plan and is zoned “Multifamily Residential, Medium Density” (R2-MD).

Figure 1: Vicinity Map

Figure 2: Zoning Map

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Page 3 of 19 ends

The subject property is approximately 9,450 square feet in size and is currently developed with a single- family residence and detached garage. The residence was constructed between 1938 and 1947, based on historic aerial photographs; there is no building permit on file with the City for the construction of the residence due to the age of the building.

Figure 3: Street View

REQUEST:

The applicant is requesting approval for a Small Lot Subdivision for the development of two two-story single-family residences and attached garages, each on its own parcel. Small Lot Subdivisions are allowed in the R2-MD zoning district pursuant to Costa Mesa Municipal Code (CMMC) Section 13-42, with the approval of a Tentative Parcel Map and Design Review applications. The front parcel, Parcel 1, will be approximately 3,862 square feet in area and is proposed to be roughly rectangular shaped with approximately 44 feet 1.5 inches of street frontage along Santa Ana Avenue. Parcel 2, is proposed to be approximately 5,588 square feet in area with approximately 18.75 feet of street frontage along Santa Ana Avenue in a flag log configuration. Figure 4 below illustrates the proposed site plan and parcel layout.

Figure 4: Proposed Parcel Map

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Page 4 of 19 ends

The project proposes a total of two four-bedroom (optional fifth bedroom), four-bathroom two-story single- family homes with attached two-car garages and two driveway parking spaces. Figures 5, 6, 7 and 8 provide the building elevations for the project. Each home is in compliance with the Zoning Code and Residential Development Standards. Table 1 outlines the unit characteristics for the proposed single - family homes in relation to the respective parcels.

Figure 5: Front/West Elevations

Figure 6: East/Rear Elevation

Figure 7: Left/North Elevation

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Figure 8: Right/South Elevation

Table 1: Unit Characteristics by Parcel
Parcel No. Lot Area 1st Floor Area Garage Area 2nd Floor Area
Residential Floor
Area Ratio
Parcel 1 3,862 SF 1,118 SF 434 SF 1,528 SF 0.985
Parcel 2 5,588SF 1,4442 SF 430 SF 1,618 SF 0.864

ANALYSIS:

Residential Small Lot Subdivision / Tentative Parcel Map

The CMMC requires that the maximum density of a small lot subdivision be consistent with the underlying zoning district (R2-MD, Multiple-Family Residential District, Medium Density), and required development standards are specified pursuant to CMMC Section 13-42.3(b)(1-6). Parcels greater than 7,260 square feet in area are allowed a density of 1 unit per 3,630 square feet of lot area. The project proposes two parcels, each with a minimum lot area greater than 3,630 square feet, and therefore complies with the density requirements. A comparison of the required development standards and the proposed project is provided above in the “Development Standards Comparison” table. As indicated in this table, the project is designed in compliance with the City’s standards. Additionally, the project has been reviewed by the Building Division, and conditions of approval have been included to ensure compliance with the California Building Code.

The existing 9,540 square-foot property is rectangularly shaped and is 150 feet deep and 63 feet wide.

The Tentative Parcel Map application proposes the creation of two lots consisting of Parcel 1 (3,862 square feet) and Parcel 2 (5,588 square feet). Parcel 1 is proposed as rectangular shaped, abutting Santa Ana Avenue with approximately 45 feet of street frontage, and Parcel 2 is proposed to be located mostly behind Parcel 1, with the front property line extending to Santa Ana Avenue for driveway access. Parcel 2 has a street frontage of 18.75 inches on Santa Ana Avenue. The City’s Residential Small Lot Subdivision standards do not require a minimum lot size.

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Design Review

The proposed development includes two new two-story single-family residences that are approximately 2,646 square feet (Unit 1) and 3,060 square feet (Unit 2), with attached two -car garages, and four bedrooms. The maximum height of the residences is proposed to be 26 feet 5 inches.

Pursuant to CMMC Section 13-42.2, a new residential small lot development project shall be processed according to the City’s Design Review procedures (CMMC Section 13 -29). The City’s Design Review application process ensures that the proposed development complies with the Costa Mesa Zoning Code and meets the intent of the Residential Design Guidelines. See additional information below.

Residential Design Guidelines

The proposed development (as shown in Figures 5-8 above) meets the intent of the City’s Residential Design Guidelines as follows:

 Second-Story Design and Building Mass: The City’s Residential Design Guidelines recommend second-story floor areas (including balconies) to not exceed 100 percent of the first-story floor area (including attached garage areas). The second-story floor area of Unit 1 has been designed with an area of 98.5% of the first-story floor area, and Unit 2 has been designed with a floor area that is 86.4% of the first-story floor area. Each proposed residence has been designed with articulation and off-sets on the various elevations to avoid a boxy appearance. The elevations for the proposed development include multiple building planes and varied roof forms to soften the mass of the second story. The elevations also include varied facades and articulations with brick veneer and horizontal wood siding, and stucco.

 Second-Story Setbacks: According to the Residential Design Guidelines, "the second -story interior side building elevation should be set back an average of 10 feet but shall be no closer than five feet from the side property line.” However, the Guidelines specify that only a five-foot second- story setback is required for units less than 2,700 square feet of living area. Unit 1 is proposed at 2,646 square feet and is therefore exempt from the second-story setback requirements. Unit 2 has a floor area of 3,060 square feet and has been designed with 10-foot average side setbacks to meet this standard.

 Elevation Treatments: All units feature a variety of projections and include articulation on each wall, varying roof types and materials. Building materials include brick veneer and horizontal wood siding, white stucco, and composite shingle roofing.

 Window Placement: Consideration for design and privacy has been provided in locating the windows on the property. The applicant provided a “line of sight study” which demonstrates that the second -story windows facing north and south are located without direct views into the neighboring structures. Windows with direct views into usable side and rear yards provide privacy with either glazing or by utilizing a five -foot sill height. One window in Bedroom 2 of Unit 1 is required to meet egress requirements for the California Building Code. In this case, the window has been designed to meet the minimum size required by the Building Code to meet egress requirements in order t o mitigate privacy impacts to the neighboring backyard. The first -story windows are located behind the proposed six-foot block wall. The block wall is proposed to be 188

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constructed on the property line between the neighboring properties, which would further eliminate privacy impacts for the existing neighboring properties.

 Consistency in Architectural Design: The proposed design includes California Coastal Modern architecture with materials and finishes that remain durable and require minimal maintenance. In addition, each façade features a variety of overhangs, materials, and roof forms, which provides visual interest and façade articulation. Additionally, the immediately surrounding neighborhood features a diverse collection of architectural styles including other residences with modern and eclectic influences, and residences with craftsman features, eclectic styles and traditional styles (see the below Figure 9). The varying use of materials ranging from stucco and brick veneer to wood siding and the use of articulation and off -sets for two -story residences are common throughout the neighborhood which would be compatible with the proposed design.

Figure 9. Surrounding Neighborhood

Open Space

The CMMC requires that each unit be provided a minimum of 200 square feet of open space , with no dimension being smaller than 10 feet. The units are proposed to be constructed to comply with the CMMC required private open space. Unit 1 provides 1,213 square feet of private open space with a minimum of 10 feet in depth, and Unit 2 provides 1,598 square feet of private open space with a minimum of 10 feet in depth. Pursuant to the CMMC, each unit will also provide adequate space outside of each unit for three trash containers without encroaching into the garage space and without being visible from the public right of way.

Parking and Circulation

Pursuant to the City’s Small Lot Subdivision Standards and as provided by the project, units proposed with four bedrooms require two garages and two open parking spaces for each parcel (see Table 2 below).

Table 2. Parking Requirements
Requirement Proposed
Garage Parking Spaces 4 spaces (2 per unit) 4 spaces
Open Parking 4 spaces (2 per unit for 3 or
more bedroom units)
4 spaces

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Pursuant to the Residential Small Lot Subdivision standards, driveway width is required to be 10 feet. The project complies with a 17-foot-wide driveway on Parcel 1 and a 10-foot-wide driveway on Parcel 2. Each driveway provides access to the respective unit’s two-car garage and two open-parking spaces located on each driveway. Both the City’s Fire and Rescue Department and Public Works Department have reviewed the project access design for conformance with minimum safety and access criteria. As required by the CMMC and as conditioned, all parking and driveways shall consist of decorative concrete, pavers, or other material subject to review by the Development Services Director.

Fences and Walls

Pursuant to CMMC Section 13 -75, the project requires the installation of a six -foot-tall masonry wall around the perimeter of the proposed development lot. The final design of the walls will be reviewed as part of the building permit submittal. Any future modifications to the site walls and fencing are subject to review and approval of the Planning Division and may require building permits to be issued prior to installation. The heights and locations of walls and fences shall comply with the CMMC requirements as well as applicable visibility standards for traffic safety.

Landscaping and Lighting

Per CMMC Section 13-106, all required landscape areas shall consist of drought tolerant plant material and shall meet the minimum number of plant types based on th e total landscape square footage. The project proposes a total of 2,428 square feet of landscaping with a mixture of usable and decorative landscaping. The number of plants and trees required and proposed is provided in Table 3 below.

Table 3. Landscaping Requirements
Requirement Proposed
Tree Count 15 (one 15-gallon tree or larger per 200
square feet of landscape area)
16 Shrub Count 305 (one shrub for every 25 square feet of landscape area)
305
Groundcover
coverage
70% with the remaining area to incorporate
uncontaminated compost/mulch
70%

As part of the building permit plan check review, landscape plans will be prepared and certified by a California licensed landscape architect , confirming compliance with the CMMC and water efficiency landscape guidelines, which show the proposed landscape plans for Parcels 1 and Parcel 2. The applicant has provided a conceptual landscaping plan for review, which shows compliance with the landscaping requirements (Attachment 3).

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Utilities

The CMMC requires that new construction provide undergrounding of all utilities on site, including existing utility poles. As required, all new and existing utilities will be installed underground. Conditions of approval require that any new backflow preventers or related equipment be installed outside of the front landscape setback and be screened from view from any location on- or off-site. As required by the CMMC, all utility meters shall be screened from view of the public right-of-way and neighboring properties. Conditions of approval will require that, prior to building permit approval, the applicant shall submit for approval of a comprehensive utilities plan to ensure that the water and sewer mains are adequate, and utility upgrades will be required if the existing infrastructure is not adequate. The plan will be reviewed by both the City’s Building Division and Public Works Department at the time of building permit submittal.

Planning Commission Review

In its review of the project, the Planning Commission considered the application for a design review and tentative parcel map . During deliberations, the Planning Commission inquired about concerns regarding privacy impacts, the inclusion of palm trees in the project , and noticing timelines. Staff and the applicant responded to the inquiries and informed the Commission that Condition of Approval No. 3 was cited as addressing the Planning Commission’s privacy concerns regarding the second -story windows.

Prior to the public hearing, one public comment was received regarding this project from the neighbor residing at 300 23 rd Street (also the appellant). The public comment expressed concerns , including noticing and review periods, privacy impacts of second -floor windows, current drainage and sewe r problems on the property, protection of existing trees, lighting impacts, plan inconsistencies , and tree locations.

Five (5) speakers provided p ublic comments at the Planning Commission hearing and noted their concerns about noticing and review periods, traffic, circulation, noise, drainage and sewer impacts, privacy impacts of second-floor windows, impacts on the neighborhood character, the proposed palm trees, solar panels, and air conditioning unit locations.

The Planning Commission unanimously approved the project , subject to conditions of approval , and adopted Resolution No. PC -2025-05 (Attachment 4). As part of its motion, the Commission required an additional Condition of Approval to remove a majority of the proposed palm trees from the project and install trees along the southern property line of Parcel 2 to screen the proposed development from neighboring properties for added privacy . This special condition is included within the adopted resolution as Condition No. 14.

A detailed description of the improvements to the property are described in the August 11, 2025 Planning Commission staff report (also provided as Attachment 5) and attachments, linked below:
https://costamesa.legistar.com/View.ashx?M=A&ID=1330212&GUID=926CA0B9-452E-41DD-8714- 4665BA14F287

The Planning Commission meeting public comments and minutes are provided as Attachments 6 and 7 to this report and the meeting video is linked below:
https://costamesa.granicus.com/player/clip/4291?view_id=14&redirect=true

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Appeal of Planning Commission’s Approval

On August 18, 2025 an appeal of Planning Commission’s approval of the project was filed by the resident of an adjacent property, 300 23 rd Street. In summary, the application for appeal noted the following topics/areas of concern:

 Timeline for public noticing and reviews
 Evidence and assumptions regarding the Commission’s decision  Adverse impacts on neighboring properties
 Vague conditions of approval

The submitted appeal and justification are provided as Attachment 2 to this report.

City Council “De Novo” Hearing

Pursuant to CMMC Chapter 9, Appeal and Review Procedures, the City Council shall conduct a new or “de novo” review of the matter. The City Council may exercise its independent judgment and discretion in making a decision, and the appeal hearing is not limi ted to the grounds stated for the review or the evidence that was previously presented to the Planning Commission. The City Council’s decision on the matter is the final decision.

Staff has attached a draft City Council resolution for approval based on th e Planning Commission’s August 11, 2025 , decision. Notwithstanding this, should the City Council determine to overturn the Planning Commission’s decision, staff requests that the City Council articulate its reasons for denial based on the required findings so staff can incorporate these into a resolution that will return for City Council consideration at a future hearing.

Pursuant to the Costa Mesa Municipal Code (CMMC), approval of each of the project’s applications must be based on evidence in the administrative record that substantially supports the following review criteria and findings:

Revised Landscaping Plans

Staff have met with the applicant to discuss modifications to the project design to mitigate privacy impacts. The applicant has provided an updated landscaping plan in an effort to comply with Conditions Nos. 3 and 14. No window changes are proposed at this time; however, the applicant has revised the planting plan (Attachment 3) to include additional trees to screen proposed windows and structure. The revised plan shows Yew Pines to be planted along the south side of the property, and the wind palms were replaced with Zuni Crape Myrtle and Icee Blue Podocarpus trees to provide additional screening. Since this is a de novo project review, staff requests that the City Council review the proposed plans, conditions of approval, and determine if changes should be made to the project to further mitigate privacy impacts to neighboring properties.

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Findings:

The Planning Commission approved a SLO Tentative Parcel Map (TPM 2023 -117) and Design Review (PA-23-14). When granting an application for these planning applications, the final review authority shall find that the evidence presented in the administrative recor d substantially meets any required conditions pursuant to Title 13, Chapter 13 -29(g)(13) and ( 14). Below are the findings adopted by the Planning Commission on August 11, 2025.

Tentative Parcel Map Findings (Title 13, Section 3-29(g)(13))

 The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and the Zoning Code.

The project complies with this finding in that the Medium Density Residential General Plan land use designation establishes a maximum allowable density of 12 units per acre. The subject parcel is 9,450 square feet in area. The parcel map would allow for a new residential project that would be consistent with the General Plan land use designation of Medium Density Residential a nd the R2-MD zone that allows for one unit per 3,630 square feet of lot area. The project design also complies with the applicable development standards for a residential small lot subdivision. The proposed parcel map is consistent with General Plan Land U se Objectives LU-1A and LU-2A, in that the subdivision allows for a project that would promote homeownership opportunities and improve the balance between rental and ownership housing in the City, and the parcel map would allow for redevelopment of an exis ting parcel which would improve and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping.

 The proposed use of the subdivision is compatible with the General Plan.

The project complies with this finding in that the subject property has a General Plan land use designation of Medium Density Residential, which allows multi -family residential uses at a maximum of 12 dwelling units per acre. The subject parcel is 9,450 square feet in area. The Parcel Map proposes a reside ntial use that would not exceed the maximum density allowed per the General Plan. In addition, the subdivision allows for a project that would promote homeownership opportunities and improve the balance between rental and ownership housing in the City, and the parcel map would allow for redevelopment of an existing parcel, which would improve and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping, pursuant to General Plan Land Use Objectives LU-1A and LU-2A.

 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 project complies with this finding as the property is relatively flat regarding topography, located within an established residential neighborhood, currently improved with residential development and suitable to accommodate two residential units. The size of the lot is also suitable , since the proposed development meets all applicable development standards including, setbacks, parking, and open space. The parcel map proposes to subdivide a parcel into two lots that does not exceed the minimum R2 -MD maximum density of one dwelling unit for 3,630 square -feet of lot area.

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loss of any habitat, result in a negative impact on the environment as a whole or require extensive infrastructure improvements to provide service to the site.

 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 project complies with this finding in that it provides 45.8 percent open space for the overall development and each unit will have at least 200 square feet of private open space area. The open space will accommodate landscaping that can be provided throughout the site with adequate setbacks for airflow, and trees for site shading. The project is proposed to include operable windows and will be fully insulated as required by the building code.

 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 project complies with this fi nding as it has been reviewed by the Public Works Department and there are no conflicts with the City’s or other utility agencies’ rights-of-way or easements.

 The discharge of sewage from this land division into the public sewer system will not violate th e requirements of the State Regional Water Quality Control Board pursuant to Division 7 (commencing with State Water Code section 13000).

The project complies with this finding in that the lot currently has connections to the public sewer system for the e xisting residential unit. The parcel map would allow for a residential project that would not include physical changes to the lot that would result in discharge into the public sewer system in violation of State requirements. Furthermore, the applicant wil l be required to comply with the regulations set forth by the Costa Mesa Sanitation District and Mesa Water District.

Compliance with the Costa Mesa Sanitation District and Mesa Water District involves the implementation of a Stormwater Pollution Preventio n Plan (SWPPP) for construction -related activities, which will specify the “best management practices” (BMPs) that the project will be required to implement during construction activities to ensure that all potential pollutants of concern (including sedime nt) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property.

As indicated above, the project complies with above findings to approve the Tentative Parcel Map. In addition, pursuant to the Subdivision Map Act, Government Code section 66474, a parcel map must be denied if one or more findings are made:

 That the proposed map is not consistent with applicable general and specific plans as specified in section 65451;

This finding cannot be made as the proposed subdivision map is consistent with the goals, objectives, policies, and land use designations of the applicable General Plan and any relevant Specific Plans adopted for the area. The project complies with all applicable land use, circulation, and development standards and furthers the intent of the City’s planning documents.

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 That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

This finding cannot be made as the design and proposed improvements of the subdivision, including lot configuration, access, and infrastructure, conform with applicable General and Specific Plan policies and standards. Improvements are consistent with the planned infrastructure network and development pattern anticipated in the area.

 That the site is not physically suitable for the type of development;

This finding cannot be made as the site is physically suitable for the type of development proposed.

The topography, existing conditions, and lack of physical constraints such as flood zones or geologic hazards allow for safe and feasible development. Necessary utilities and infrastructure can be provided to support the proposed use.

 That the site is not physically suitable for the proposed density of development;

This finding cannot be made as the proposed density of development is consistent with zoning regulations and the land use designation for the site. The site can adequately accommodate the proposed number of lots or units without resulting in overcrowding or unsafe conditions. Adequate access, open space, and public services are available to support the proposed density.

 That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

This finding cannot be made as the design of the subdivision and associated improvements will not cause substantial environmental damage or significantly and avoidably impact fish or wildlife habitat in that there are no environmentally sensitive areas within or around the site.

 That the design of the subdivision or type of improvements is likely to cause serious public health problems; and

This finding cannot be made as the design of the subdivision and proposed improvements will not result in any serious public health problems. The project will comply with all applicable building codes, health regulations, and safety standards. Required public services, including fire protection, water, and wastewater infrastructure, are available and sufficient to serve the development.

 That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

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This finding cannot be made as the subdivision does not conflict with any public easements for access or use. All existing public easements of record have been identified and appropriately preserved, or alternate easements of substantially equivalent utility will be provided where necessary . The proposed map ensures continued public access and utility connectivity as required.

Design Review Findings (Title 13, Section 3-29(g)(14))

 The project complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the residential design guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservat ion of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features.

The project complies with this finding in that it proposes a maximum density of one dwelling unit per 3,630 square feet of lot area, which is consistent with the maximum allowable density for the R2-MD Zone and the Medium Density Residential land use designation. The project complies with all other applicable Zoning Code st andards, including setbacks, parking, and open space. The project design incorporates elevations with varied roof forms and projections, including eaves and overhangs to provide visual interest as viewed from the street. The exterior materials include brick veneer and horizontal wood siding, white stucco and composite shingle roofing. The architecture of the homes includes varying roof forms, wall planes, and exterior materials, which allow it to avoid a boxy two -story design. Landscaping throughout the pro ject meets code requirements and the project would introduce 22 new trees on -site. 11 of which are palms. The project will not result in privacy impacts to the surrounding residences based on the proposed window fenestration patterns and the proposed setbacks from the neighboring properties.

 The visual prominence associated with the construction of a two -story house or addition in a predominantly single -story neighborhood has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls.

The project complies with this finding in that the surrounding neighborhood includes a mixture of one and two -story residential properties consisting of apartments, duplexes, c ondos, and single - family residences. The abutting property to the northeast consists of an apartment complex and the two abutting properties to the southeast consist of detached single-family residences. The second- story design proposes a second-floor area that will not exceed the floor area of the first floor, which complies with the design guidelines.
 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 project complies with this finding in that the application does not include an affordable multi - housing development component and therefore, the requirement to include an affordability covenant is not applicable to the project.
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RESPONSES TO ISSUES RAISED ON APPEAL:

As noted above, the application for appeal (Attachment 2) noted the following topics/areas of concern:

 Timeline for public noticing and reviews
 Evidence and assumptions regarding the Commission’s decision  Adverse impacts on neighboring properties
 Vague conditions of approval

Below is a response to each of the appeal contentions.

Timeline for Public Noticing and Reviews

The project was noticed as required by the CMMC 13 -29(d), which requires the following public noticing procedures:

 CMMC 13-29(d)(1): Mailed notice required. Notices of the hearing shall be mailed to all property owners and occupants within a 500 foot radius of the project site… The notice shall be mailed no less than 10 days prior to the hearing or determination on the application.

 CMMC 13-29(d)(2): On-site posting required. Additional notice shall be provided by posting a notice on each street frontage of the project site, no less than 10 days prior to the date set for the hearing or determination on the application.

 CMMC 13-29(d)(3): Newspaper publication. When a public hearing is required, notice shall also be published once in the city in a newspaper of general circulation, no less than 10 days prior to the date set for the public hearing.

The Planning Commission meeting was held on August 11, 2025. Therefore, all noticing was required by August 1, 2025. For this project, notices were mailed out on July 30, 2025, posted on-site on July 31, 2025, and published in the Daily Pilot newspaper on August 1, 2025. These noticing dates comply with CMMC 13-29(d).

The Brown Act requires an agenda be posted, which contains a brief general description of each item to be transacted or discussed at the meeting at least 72 hours (or 3 full days) prior to a regular meeting.

The meeting agenda, project agenda report and corresponding attachments for the August 11, 2025, Planning Commission meeting were posted on the City’s website in the mid-morning of August 7, 2025, over 4 days prior to the meeting and in compliance with the Brown Act.

Insufficient Evidence and Incorrect Assumptions Regarding the Commission’s Decision

The Planning Commission was presented with all relevant materials related to the project during the hearing. This included an agenda report detailing the project and Staff’s analysis of the application, a draft resolution which included Staff’s detailed facts in support of the required findings and recommended conditions of approval, a project description supplied by the applicant and the project plans, which included architecture, civil and landscape plans, as well as a second story privacy analysis. The Planning Commission was provided with a summary of the application during the hearing in the form of a PowerPoint presentation provided by Staff. The Planning Commission reviewed the materials provided 197

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by the applicant and Staff’s analysis , and made an informed and deliberate decision to approve the project, subject to revised conditions of approval (described previously). Public Correspondence received prior to the hearing was provided to the Commission, and public comments were made during the public hearing.

Adverse Impacts on Neighboring Properties

The appellant did not provide specific concerns regarding adverse impacts on neighboring properties.

Therefore, a detailed response to his objections is difficult to provide. During the hearing, the Planning Commission reviewed the project for potential adverse impacts on neighboring properties, reviewed the letter submitted by the appellant and the public comments provided. As noted above, the testimony received voiced concerns with noticing and review periods, traffic, circulation, noise, drainage and sewer impacts, privacy impacts of second floor windows, impacts on the neighborhood character, the proposed palm trees, solar panels and air conditioning unit locations.

After holding a public hearing, the Commission discussed concerns regarding the privacy of the neighboring backyards to the south of the subject property. Window placement and additional tree screening was discussed.

During the hearing, the Planning Commission determined that further steps should be taken to protect the privacy of neighboring backyards. The Commission emphasized Condition of Approval No. 3, which states, “…Every effort shall be made to maintain the privacy of abutting property owners. Prior to issuance of a building permit, applicant shall provide a window placement study demonstrating compliance with this condition.” Additionally, the Planning Commission added Condition of Approval No. 14, which requires the installation of trees along the south property line of Parcel 2 to screen the new development from neighboring properties.

As noted above, staff have met with the applicant to discuss modifications to the project design to mitigate privacy impacts. The applicant has provided an updated landscaping plan (Attachment 3) in an effort to comply with Conditions Nos. 3 and 14. No window changes are proposed at this time .

Staff requests that the City Council review the proposed plans, conditions of approval, and determine if changes should be made to the project to further mitigate privacy impacts to neighboring properties.

Additionally, if the Council believes that the privacy impacts are minimized, staff suggests amending Condition No. 3 to eliminate the need for an additional window placement study.

Vague Conditions of Approval

All conditions of approval provided as part of Staff recommendation and approved by the Planning Commission, with the exception of Condition 14, which was added by the Commission, are standard conditions of approval utilized for similar projects processed throughout the City. These conditions of approval have been applied and enforced in the past without substantial issues on the part of the City or applicants. Additionally, the Planning Commission adopted Condition No. 14 for additional landscaping.

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ALTERNATIVES:

The City Council has the following alternatives:

1. Approve the request. The City Council may adopt the attached Resolution upholding the Planning Commission’s decision and approve the request as proposed; or

2. Approve the request with modifications. The City Council may uphold the Planning Commission’s decision and approve the request with specific changes that are necessary to address concerns; or

3. Continue the item. The City Council may continue the item to a future meeting to allow for modifications or additional analysis; or

4. Deny the request. If the City Council believes that there are insufficient facts to support the findings for approval, the City Council may deny the request. A similar application could not be submitted for at least six months.

ENVIRONMENTAL DETERMINATION

The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15), Minor Land Divisions for the parcel map application, and Section 15303 (Class 3), New Construction or Conversion of Small Structures for the design review application. In addition, this project is statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66 Under Class 15, the division of property in urbanized areas is exempt from the provisions of CEQA if the subdivision: is zoned for residential use, is being subdivided into four or fewer parcels, conforms with the General Plan and Zoning Code, is accessible and serviceable by utilities, was not involved in a division of a larger parcel within the previous two years, and has an average slope less than 20 percent. The proposed project meets the aforementioned conditions as described under CEQA Section 15315 in that:
 The project is located within the City of Costa Mesa and is consistent with the R2 -MD Zoning Designation and the Medium Density Residential General Plan Designation because it proposes lot areas and development in compliance with zoning requirements, and p roposes a density allowed by the General Plan Land Use Density;

 The project site is serviceable by all utilities and is accessible to the public right of way;

 The parcel has not been involved in a previous subdivision in the previous two years; and

 The parcel has been previously graded, is relatively flat and has an average slope less than 20 percent.

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Additionally, under Section 15303 (Class 3), a project is exempt from the provisions of CEQA if it includes the construction or conversion of less than three new single-family residences in an urbanized area. The proposed project meets this requirement in that it includes the replacement of one existing single-family residences with two new single -family residences in an urban area. Lastly, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a cumulative environmental impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.

FISCAL REVIEW:

The residential dwelling (home) was built between 1938 to 1947 on the plot of land, which would be torn down, and two new single -family homes would be constructed on the subdivided plot. Allowing the subdivision and construction would ultimately result in a net increase of property taxes for the City.

It is likely that given the age of the current home on the property, the taxes are being assessed at a much lower value compared to current market rates.

When the old home is torn down to build two new homes, the entire value of the new structures would be reassessed and the City would not only gain more taxes due to the current assessed values, but it would get taxes for two newly assessed properties. Based on this assessment, it is estimated that the County property tax for the subdivided parcel would be assessed at $25,000 to $35,000 more than the single parcel. The City ’s share of property tax assessed by the County is $0.15 for every dollar collected. The approval of this item would have an estimated net positive impact of between $3,750 to $5,250 annually to the City in the General Fund (Fund 101).

LEGAL REVIEW:

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

PUBLIC NOTICE:

Pursuant to Title 13, Section 13 -29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:

1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500- foot radius of the project site on September 2 5, 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 September 25, 2025.

3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper on September 26, 2025.

Any public comments received prior to the October 7, 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’s goal to:

 Diversify, stabilize, and increase housing to reflect community needs.

CONCLUSION:

The project would provide homeownership opportunities to imp rove the balance between rental and ownership housing in the City. In addition, the proposed development is in compliance with the City’s Subdivision and Development Review standards and complies with the City’s Residential Design Guidelines. Lastly, the State’s Housing Accountability Act (Government Code section 65589.5) applies to this project and generally requires that cities approve housing projects that are consistent with the General Plan and zoning, unless the City can make specific State mandated findings for denial.

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ATTACHMENT 1

Resolution No. 2025-xx Page 1 of 18

RESOLUTION NO. 2025-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA TO UPHOLD THE PLANNING COMMISSION’S DECISION AND APPROVE DESIGN REVIEW PLANNING APPLICATION (PA) 23 -14 AND TENTATIVE PARCEL MAP 2 023-117 TO CREATE TWO PARCELS EA CH

CONTAINING A NEW TW O-STORY DETAC HED SINGLE -FAMILY RESIDENCE

WITH AN ATTAC HED TWO -CAR GARAGE IN THE MULTIPLE -FAMILY RESIDENTIAL, MEDIUM DENSITY (R2-MD) ZONE FOR PROPERTY AT 2308

SANTA ANA AVENUE

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:

WHEREAS, Planning Application PA-23-14 and Tentative Parcel Map 2023 -117 was filed by Ali Sedghi , the property owne r, requesting approval of the following:

Tentative Parcel Map and Design Review for a residential small lot subdivisi on project consisting of two, two -story, detached single family dwelling units with attached two -car garages;
WHEREAS, a duly noticed public hearing held by the Planning Commission on August 11, 2025 , with all persons having the opportunity to speak for and against the proposal; and
WHEREAS, after holding a duly noticed public hearing, the Planning Commission approved the project, with conditions on August 11, 2025; WHEREAS, on August 18, 2025, a timely appeal was filed by the property owner of 300 23rd Street, Costa Mesa, pursuant to CMMC13-III-29(j); WHEREAS, a duly noticed public hearing was held by the City Council on October 7, 2025 , with all persons having the opportunity to speak for and against the appeal; and
WHEREAS, on October 7, 2025, after holding a duly noticed public hearing, the City Council denied the appeal and upheld the Planning Commission’s approval of the project;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environ mental Quality Act (CEQA) per Section 15315 (Class 15) Minor Division of Land, and Section 15303 (Class 3) New Construction or Conversion of Small Structures. In addition, this project is 202

Resolution No. 2025-xx Page 2 of 18

statutorily exempt from the requirements of CE QA pursuant to Public Resources Code section 21080.66.

WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby approves Planning Application PA-23-14 and Tentative Parcel Map 2023-117 with respect to the property described above.

BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA-23-14 and Tentative Parcel Map 2023-117 and upon applicant’s compliance with each and all of the conditions in Exhibit B , and compliance with all applicable federal, State, and local laws. Any approval granted by this resolution shall be subject to review, modification, or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval.

BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in t he 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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PASSED AND ADOPTED this 7th day of October, 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 ___day of _____, 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 ___day of _____, 2025.

___________________________
Brenda Green, City Clerk
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EXHIBIT A

FINDINGS

A. The proposed project complies with Costa Mes a Municipal Code Section 13 - 29(g)(13) and (14):

Tentative Parcel Map Findings – CMMC Section 13-29(g)(13)

Finding: The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and the Zoning Code.

Facts in Support of Find ings: The Medium Density Residential General Plan land use designation establishes a maximum allowable density of 12 units per acre. The subject parcel is 9,450 square feet in area. The parcel map would allow for a new resi dential project that would be con sistent with the General Plan land use designation of Medium Density Residential and the R2 -MD zone that allows for one unit per 3,630 square feet of lot area. The project design also complies with the applicable development standards for a residential sma ll lot subdivision. The proposed parcel map is consistent with General Plan Land Use Objectives LU -1A and LU -2A, in that the subdivision allows for a project that would promote homeownership opportunities and improve the ba lance between rental and ownershi p housing in the City, and the parcel map would allow for redevelopment of an existing parcel which would improve and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping.

Finding: The proposed use of the subdivision is compatible with the General Plan

Facts in Support of Finding: The subject property has a General Plan land use designation of Medium Density Residential, which allows multi -family residential uses at a maximum of 12 dwe lling units per acre. The subject parcel is 9,450 square feet in area. The Parcel Map proposes a residential use that would not exceed the maximum density allowed per the General Plan. In addition, the subdivision allows for a project that would promote homeownership opportunities and imp rove the balan ce between rental and ownership housing in the City, and the parcel map would allow for redevelopment of an existing parcel which would improve and maintain quality of the neighborhood by improved architecture , aesthetics, and landscaping, pursuant to General Plan Land Use Objectives LU -1A and LU- 2A.

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Facts in Support of Finding: The property is relatively flat regarding topography, located within an establis hed residential neighborhood, currently improved with residential development and suitable to accommodate two residential units. The size of the lot is also suitable since the proposed development meets all applicable development standards including, setba cks, parking, and open space. The parcel map proposes to subdivide a parcel into two lots that does not exceed the minimum R2 -MD maximum density of one dwelling unit for 3,630 square -feet of lot area. Adequate infrastructur e exists to serve the proposed pr oject and the project will not result in the loss of any habitat, result in a negative impact on the environment as a whole or require extensive infrastructure improvements to provide service to the site.

Finding: The design of the subdivision provides, t o the extent f easible, 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 Findings: The project provides 45.8 perce nt open space for the overall dev elopment and each unit will have at least 200 square feet of private open space area. The open space will accommodate landscaping that can be provided throughout the site with adequate setbacks for airflow, and trees for site shading. The project is propos ed to include operable windows and will be fully insulated as required by the building code.

Finding: The division and development will not unreasonably interfere with the free and complete exercise of the public entity a nd/or public utility rights -of-way and/or easements within the tract.

Facts in Support of Finding: The project has been reviewed by the Public Works Department and there are no conflicts with the City’s or other utility agencies’ rights-of-way or easements.

Finding: The discharge of sew age 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 lot currently has connections to the public sewer system for the existing residential unit. The parcel map would allow for a residential project that would not include physical changes to the lot that would result in discharge into the public sewer system in viola tion of State requirements. Furthermore, the applicant will be required to comply with the regulations set forth by the Costa Mesa Sanitation District and Mesa Water District. Compliance with the Costa Mesa Sanitation District and Mesa Water District invol ves the implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction -related activities, which will specify the “best management practices” (BMPs) that the project will be required to implement during construction activities to ensure that all potential pollutants of concern 206

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(including sediment) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property.

As indicated above, the project complies with above findings to approve the Tentative Parcel Map. In addition, pursuant to the Subdivision Map Act, Government Code Section 66474, a parcel map must be denied if one or more findings are made:

Finding: That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;

Facts in Support of Findings: The proposed subdivision map is consistent with the goals, objectives, policies, and land use designations of the applicable General Plan and any relevant Specific Plans adopted for the area. The project complies with all applicable land use, circulation, and development standards and furthers the intent of the City’s planning documents. Therefore, this finding cannot be made.

Finding: That the design or improvement of the proposed subdivi sion is not consistent with applicable general and specific plans;

Facts in Support of Findings: The design and proposed improvements of the subdivision, including lot configuration, access, and infrastructure, conform with applicable General and Specific Plan policies and standards.

Improvements are consistent with the planned infrastructure network and development pattern anticipated in the area. Therefore, this finding cannot be made.

Finding: That the site is not physically suitable for the type of development;

Facts in Support of Findings: The site is physically suitable for the type of development proposed. The topography, existing conditions, and lack of physical constraints such as flood zones or geologic hazard s allow for safe and feasible dev elopment. Necessary utilities and infrastructure can be provided to support the proposed use. Therefore, this finding cannot be made.

Finding: That the site is not physically suitable for the proposed density of development;

Facts in Support of Finding s: The proposed density of development is consistent with zoning regulations and the land use designation for the site.

The site can adequately accommodate the proposed number of lots or units without resulting in overcrowding or unsafe conditions. Adequate access, open space, and public services are available to support the proposed density.

Therefore, this finding cannot be made.

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Finding: That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

Facts in Support of Findings: The design of the subdivision and associated improvements will not cause substantial environmental damage or significantly and avoidably impact fish or wildlife habitat in that there are no environmentally sensitive areas within or around the site. Therefore, this finding cannot b e made.

Finding: That the design of the subdivision or type of improvements is likely to cause serious public health problems; and

Facts in Support of Findings: The design of the subdivision and proposed improvements will not result in any serious public health problems. The project will comply with all applicable building codes, health reg ulations, and safety standards. Required public services, including fire protection, water, and wastewater infrastructure, are available and sufficient to serve the development. Therefore, this finding cannot be made.

Facts in Support of Findings: The subdivision does not conflict with any public easements for access or use. All existing public easements of record have been identified and appropriately preserved, or alternate easements of substantially equivalent utility will be provided where necessary. The proposed map ensures continued publi c access and utility connectivity as required.

Therefore, this finding cannot be made.

Pursuant to the proposed subdivision design, none of the above findings for denial can be made or associated with the proposed project.

Design Review Findings – CMMC Section 13-29(g)(14)
Finding: The project complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the residential design guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservation of overall open space, landscaping, 208

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appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features.

Facts in Support of Findings: The project proposes a maximum density of one dwelling unit per 3,630 square feet of lot area, which is consistent with the maximum allowable density for the R2 -MD Zone a nd the Medium Density Residential land use designation. The project complies with all other applicable Zoning Code standards including setbacks, parking, and open space. The project design incorporates elevations with varied roof forms and projecti ons including eaves and overhangs to provide visual interest as viewed from the street. The exterior materials include brick veneer and horizontal wood siding, white stucco and composite sh ingle roofing. The architecture of the homes includes varying roof forms, wall planes, and exterior materials which allow it to avoid a boxy two -story design. Landscaping throughout the project meets code requirements and the project would introduce 22 new trees on -site. 11 of which are palms. The project will not result in privacy impacts to the surrounding residences based on the proposed window fenestration patterns and the proposed setbacks from the neighboring properties.

Finding: The visual prominence associated with the construction of a two -story house or addition in a pre dominantly single-story neighborhood has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls.

Facts in Support of Finding: The neighborhood includes a mixture of one and two-story residential properties consisting of apartments, duplexes, condos, and single-family residences. The abutting property to the northeast consists of a n apartment complex and the two abutting properties to the southeas t consist of detached single -family residences. The second story design proposes a second-floor area that will not exceed the floor area of the first floor which complies with the design guidelines.

Finding: As applicable to affordable multi -family housin g 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 define d 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 application does not include an affordable multi-housing development component a nd therefore, the requirement to include an affordability covenant is not applicable to the project.

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(Class 3), New Construction or Conversion of Small Structures for the design review application.

Under Class 15, the division of property in urbanized areas is exempt from th e provisions of CEQA if the subdivision: is zoned for re sidential use, is being subdivided into four or fewer parcels, conforms with the General Plan and Zoning Code, is accessible and serviceable by utilities, was not involved in a division of a larger parcel within the previous two years, and has an average s lope less than 20 percent. The proposed project meets the aforementioned conditions as described under CEQA Section 15315 in that:
 The project is located within the City of Costa Mesa and is consisten t with the R2-MD Zoning Designation and the Medium Densi ty Residential General Plan Designation because it proposes lot areas and development in compliance with zoning requirements, and proposes a density below the allowed General Plan Land Use Density (12 units per acre);
 The project site is serviceable by all utilities and is accessible to the public right of way;
 The parcel has not been involved in a previous subdivision in the previous two years; and
 The parcel has been previously graded, is relatively flat and has an average slope less than 20 percent.

Under Class 3, a project is exempt from the provisions of CEQA if it includes the construction or conversion of less than three new single -family residences in an urbanized area. The proposed project meets this requirement in that it includes the replacement of existing two single -family residences with two new single -family residences in an urban area. Lastly, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA G uidelines Section 15300.2 applies.

Specifically, the pro ject would not result in a cumulative environmental impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resour ces; is not located on a hazardous site or location; and would not impact any historic resources.

C. The project is subject to a traffic impact fee, pursuant to Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 210

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EXHIBIT B

CONDITIONS OF APPROVAL

Plng. 1. Approval of De sign Review PA -23-14 and Tentative Parcel Map No. 2023-117 is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant es tablishes 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 occupan cy 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 subs equent extension requests shall be considered by the original approval authority.

2. The conditions of approval for Design Review PA -23-14 and Tentative Parcel Map No. 2023-117 shall be blueprinted on the face of the site plan as part of the pl an check submittal package. Address assignment shall be requested fr om 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 floo r plans in the working drawings.

Prior to issuance of a building permit, applicant shall provide a window placement study demonstrating compliance with this condition.

4. The final subdivision map shall be recorded with the County prior to the issuance of grading permits or b uilding permits for the proposed development.

5. The applicant shall install a six-foot high decorative block wall around the perimeter of the proposed development lot pursuant to the CMM C.

Where walls on adjacent properties already exist, the applicant shall work with the adjacent property owner(s) to prevent side -by-side walls with gaps in between them and/or provide adequate privacy screen by trees and landscaping.

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required permits obtained prior to installation. The location and height of walls and fences shall comply with Code requirements, as well as any visibility standards for traffic safety related to ingress and egress.

7. No modification(s) of th e 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 construction without prior Planning Division written approval. Elevations shall not be modified unless otherwise approved by Development Services Director as consistent with the architectural design and features of the proposed development.

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 in the requirement to modify the construction to reflect the approved plans.

8. Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts to residential areas.

9. Prior to issuance of grading permits, developer shall submit for re view and approval a Construction Management Plan. This p lan features methods to minimize disruption to the neighboring residential uses to the fullest extent that is reasonable and practicable. The plan shall show undisrupted access to other pr operties and shall ensure that trash facilities are accessible. The plan shall include construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. The plan should mitigate disruption to residents 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 be estimated by the developer and subject to approval by the Development Services Directo r or Transportation Services Manager.

10. Any ground floor exterior d ecks/patios shall not be built higher than six inches above natural grade.

11. Backflow preventers, and any other approved above -ground utility improvement shall be located outside of the required stre et setback area and shall be screened from view, under d irection of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director.

12. 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 emplo yees 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 limited to, damages, fees and/or costs awarded a gainst the City, if any, and cost of suit, attorney’s fees, and othe r costs, liabilities and expenses 212

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incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity prov ision 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.

13. The landscaping of this project shall comply with the City’s landscaping requirements and any applicable guidelines (i.e. Water Efficient Landscape Guidelines). A final landscape plan shall be su bmitted with the plan check submittal.

14. The applicant shall work with staff to remove as many palm trees as possible on Parcel 2 from the scope of work and include trees along the southern side property line of Parcel 2 to sufficiently screen the projec t from the abutting property.

15. All driveways and parking areas shall be finished with decorative stamped concrete or pervious pavers. The final landscape concept plan shall indicate the landscape pa lette and the design/material of paved areas, and the la ndscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits.

16. Prior to the issuance of building permits, the applicant shall provide a Maintenance Agreement. The Maintenance Agreement must be in a form and substance acceptable to, and shall be approved by the Development Services Director and City Attorney’s Office. The Maintenance Agreement shall include, but not limited to:
a. Restrictions requiring reside nts to park vehicles in 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 at the number of which the garage was originally designed and to allo w for inspections by the association to verify compliance with this condition.
b. Restrictions that require that any subsequent revisions to the Maintenance Agreement related to these provisions must be reviewed and approved by the City Attorney’s Office and the Development Services Director before they become effective. c. Restrictions prohibiting the outside storage of any boats, trailers, Recreational Vehicles, and similar vehicles.
d. A plan or manner of permanent care and maintenance of any project open spaces such as the shared landscaping between driveways, pedestrian sidewalk, recreational areas and commonly used areas/facilities.
e. Requirements for the disclosure of general and specific information to buyers of issues regarding the property and its surroundings.

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17. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre -wiring for future cable communication service.

18. The applicant shall contact the Planning Division to arrange a Planning inspection of th e site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied.

19. Prior to issuance of Certificate of Occupancy (C of O) the applicant shall provide a scaled and dim ensioned digital site plan(s) for the project site, digital for mat, 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.

20. A precise grading plan shall be submitted and clearly identify the lowest and highest elevation point of the development. The lowest point of the finished surface elevation of eit her the ground, paving or sidewalk within the area between the building and the 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.

21. 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.

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 wi ll be reviewed by both the City’s Building Division and Public Works Department.

Bldg. 23. Maximum area of exterior wall openings shall be determined in accordance with the applicable provisions of California Residential Code R302.1(2).

24. All new residential co nstruction shall have solar system install prior to final building inspection.

25. 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 mo vement or excavation. Call CDFA at (714) 708-1910 for information.

26. All new residential construction shall have electrical appliances ready.

Eng. 27. The Parcel shall be developed in full compliance with the State Map Act and the City of Costa Mesa Municipal C ode (CMMC), 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.

28. The Subdivider shall conduct soil investigations and provide the results to the City of Costa Me sa Engineering and Building Divisions pursuant to Ordinance 97-11.
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29. The Final Parcel Map shall be submitted to the Engineering Division for checking. Map check fee shall be paid per C.C.M.M.C. Section 13-231.3.

30. A current copy of the title search shall be submitted to the Engineering Division with the first submittal of the Final Parcel Map.

31. Submit for approval to the City of Costa Mesa, Engineering Division, Street Improvement and St orm Drain Plans, that show Sewer and Water Improvements, prepared by a Civil Engineer.

32. Fulfill City of Costa Mesa Drainage Ordinance No. 06 -19 requirements prior to approval of Final Parcel Map.

33. The Subdivider’s engineers shall furnish the Engineering Division a storm runoff study to the City of Costa Mesa showing e xisting and proposed facilities and the method of draining this area and tributary areas without exceeding the capacity of any street or drainage facility on-site or off-site.

This study to be furnished with the first submittal of the Final Parcel Map.

Cross lot drainage shall not occur.

34. Sewer improvements shall meet the approval of the Costa Mesa Sanitary District; call (949) 631 -1731 for information. Water system improvements shall meet the approval of Mesa Water District; call (949) 631 -1200 for information.

35. Prior to recordation of a Final Parcel 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 o f the Orange County Subdivision Code.

36. Prior to recordation of a Final Parcel 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.

37. Survey monuments shall be preserved and referenced before construction and replaced after construction, pursuant to Section 8771 of the Business and Profession Code.

38. The elevations shown on all plans shall be on Orange County benchmark datum (NAVD 88).

39. Prior to recordation of a Final Parcel Map, submit required cash deposit or surety bond to guarantee monumentation. Deposit amount to be determined by the City Engineer.

Fire 41. Residential fire sprinklers (NFPA 13D) are required for new residential units. Install NFPA 13D Fire Protection System's with interconnected smoke detectors inside each home.

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prevailing schedule of charges adopted by the City Council. The fee is calculated with consideration of standardized trip ge neration ratios for proposed uses and includes credits for existing uses. NOTE: The estimated Traffic Impact Fee for this application is $2,052.00. The fee will be calculated at the time of issuance of building permits and based upon the prevailing schedule of charges in effect at that time.

CODE REQUIREMENTS

The foll owing list of federal, State and local laws applicable to the project has been compiled by staff for the applicant’s reference. Any reference to “City” pertains to the City of Costa Mesa.

Plng. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained.

2. The location and height of walls, fences, and landscaping shall comply with Code requirements, as well as any visibility standards for traffic safety related to ingress and egress.

3. All noise-generating construction activities shall be limited to 7 a.m. to 7 p.m. Mo nday through Friday and 9 a.m. to 6 p.m. 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.

4. Development shall comply with all requirements of Section 13 -32 an d Article 2.5, Title 13, of the Costa Mesa Municipal Code relating to development standards for residential projects.

5. Prior to the issuance of building permits, the applicant shall conta ct 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.

6. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of ind ividual units, suits, building, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings.

7. All on-site utility services shall be installed underground.

8. 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 vau lt, wall cabinet, or wall box under the direction of the Planning Division.

9. Any mechanical equipment such as air -conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division.

10. Two sets of detailed landscape and irrigation plans, which meet the 216

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requirements set for th in Costa Mesa Municipal Code Sections 13 -101 through 13 -108 and the City’s Water Efficient Landscape Guidelines, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for fina l approval prior to issuance of building permits.

11. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance.

12. A minimum 20 -foot by 20 -foot clear inside dimension shall be provi ded for the two-car garages, with minimum garage door width of 16 feet and automatic garage door openers. The proposed garages shall be used for parking as required by code as it is not habitab le space; further excess storage which prevents parking the req uired number of vehicles is prohibited.

Bldg. 13. Comply with the requirements of the most recent adopted California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Gree n 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 s ubmittal or permit issuance.

14. 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 s oil is certified as clean and usable by a Soil’s Engineer.

15. 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.

16. Construction/ improvements that encroach within Public Utility Easements sha ll require written approvals from the utility companies associated with that easement.

17. Comply with the requirements of the following adopted codes Code, 2022 California Building Code, 20 22 California Electrical code, 2022 California Mechanical code , 20 22 California Plumbing code , 2022 California Green Building Standards Code and 2022 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance ) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibilit y to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2022 California Building Code.

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http://www.costamesaca.gov/modules/showdocument.aspx?documentid =23381 The Buil ding Div. will not issue a demolition permit until an Identification no.is provided By AQMD

19. Provide a plan to the County of Orange Health Dept. for review and approval.

20. 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 found ation 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. 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.

21. Submit a soils report for this project. Soil's Re port recommendations shall be blueprinted on both the architectural and the precise grading plans.

22. The ground adjacent immediately to the foundation shall be slopes away from the building at a slope of not less than 5% for a minimum distance of 10 feet m easured 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 devi se a minimum of 12 inches plus 2 percent 2019 California Building C ode sec. 1808.7.4 i - 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 mi nimum of 12 inches plus 2 percent.

California Residential Code CRC 403.1.7.3 ii - Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches within the first 10 feet. CRC R401.3 Fire 23. Comply with the requirements of the 2022 California Fire Code, including the re ference standards, as adopted and amended by Costa Mesa Fire & Rescue.

Water 24. Project will require a Plan Check and permit from Mesa Water District.

Applicant is reminded that additional cond itions 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 lett er of project completion from Mesa Water District.
218

Resolution No. 2025-xx Page 18 of 18

Sani. 25. It is recommended that the developer contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements.

School 26. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits.

219
1 Appeal of Planning Commission Decision:
$1,220.00 (Tier I )'
$3,825.00 (Tier 2)2
City of Costa Mesa

RESERVE FOR FILING ST AMP
€ Appeal of Non-Planning Commission Decision: , jile with: City C(erk $3,825.00 (Tier ;)2 Costa Mesa. CA 92626
APPLICATION FOR APPEAL OR REVIEW 714-754-5225
REQUEST FOR: 2 APPEAL
Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.)
Decision by:

Reasons for requesting appeal or review:
= sow -Cmttett '7-i'rqcppmg or pen'tC aeocrr rtts rr-omz,> -'rm rtiwta+aicat-rt-tts:siv-> pccta=y ucr3e{__P/'_a;wrl __ ,5uffC't[aePT 6V[apfM:C O/C2_ [18['E-b ON /'/-lThfulCO7- 6 it->eortrt.tr € :xt-tp7 br'ttt Psayv,,t, A5""la'4 !) (/6-g5 z!r rff=f-[75 oM M'[rzrre-rt,t,
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"If you are serving as the agent for another person, please identify th-i person you represent and provide proof of authorization. "Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only - do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF:

If appeal or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review Updated September 2023
"Includes owners and/or occupants of a property located within 500 feet of project site (excluding owners and/or occupants of the project site). 'Includes the project applicant, owners and/or occupants of the project site, and owners and/or occupants of a property located greater than 500 feet from the project site.

ATTACHMENT 2 220
10'-0"
3'-0"
38'-10"
Porch
Entry
Bedroom 4
Bath 4
Great Room
Kitchen
2-Car Garage
42'-0"
6'-0"
5'-0"
15'-0"
5'-0"
Lot 1
Lot 2
2-Car Garage
Great Room
Kitchen
Bedroom 4
Ba. 4
Entry
Porch
Covered Outdoor Living
Powder
OfficeMud Room
150.0'

63.0'
20'-0"
FFE=74.25
PAD=73.33PARCEL 2
FFE=74.18
PAD=73.90
PARCEL 1
Planter
Planter
Concrete
(Utility Area)
Planter
Concrete Pads,
Typical
Cocrete Pavers
12" Concrete band
Planter
Planter
Planter
Planter
Concrete
(Utility Area)
Planter
Planter
CMU Wall,
24" High (at top of Precast Cap), Typical
Optional 3' High Gate
Planter Planter
6"x6" Concrete
Mowcurb
6"x6" Concrete
Mowcurb
Planter (Vines)
2'x2' Square Pilaster
30" High (at top of Precast Cap), Typical
PlanterPlanter
30" High Gate, Typ.

Planter (Vines)
Planter Planter
6' High Vinyl Gate
Planter
6"x6" Concrete
Mowcurb
6' High Vinyl Gate
6"x6" Concrete
Mowcurb
6"x6" Concrete
Mowcurb
12" Concrete band
Cocrete Pavers
Utility Gravel Side Yard
Utility Gravel Side Yard
6' High Vinyl Gate
6' High Vinyl Gate
6' High Vinyl Fence

PROPERTY LINE

SETBACK

PROPERTY LINE

PROPERTY LINE
SANTA ANA AVENUE Planter (Vines)
Planter (Vines)
Cocrete Pavers
12" Concrete band
Planter
Planter
Planter
Planter
6"x6" Concrete
Mowcurb
Gravel Gravel Gravel Gravel
Lawn Lawn
Lawn
1 TYP.
1 TYP.
2 TYP.

Cool Season Sod
Sod to be installed in
Between Pavers
292 S.F.

Cool Season Sod
215 S.F.

Tree #1
24" Box
Tree #2
24" Box
Tree #4
24" Box
Tree #3
24" Box
Tree #10
24" BoxTree #9
24" Box
Tree #8
24" Box
Tree #7
15 Gallon
Tree #6
24" Box
Tree #5
24" Box
Low Water Use Turf
Variety: Santa Ana Bermuda
Low Water Use Turf
Variety: Santa Ana Bermuda
Plant groundcover
under shrubs within
planter areas.

Plant groundcover
under shrubs within
planter areas.

Tree #11
15 Gallon
Tree #12
15 Gallon
Tree #13
15 Gallon
Tree #14
15 Gallon
Tree #15
15 Gallon
Tree #16
15 Gallon
Botanical / Common NameSymbolKc
Height
Width ContainerQty

PLANTING LEGEND
Magnolia 'Litte Gem'

LITTLE GEM MAGNOLIA

0.520'-25' 24" Box3
10'-15'
TREES
SHRUBS
Botanical / Common NameSymbolKc
Height
Width ContainerQty
Distictis 'Rivers' 5 Gallon0.3

ROYAL TRUMPET VINE
25'-30' long11
VINES
Dianella revoluta 'Baby Bliss'

BABY BLISS FLAX LILY

0.31'-2'
1'-2'
1 gallon81
Lavandula stoechas 'Otto Quast'

SPANISH LAVENDER

0.32'
2'
1 gallon32
Sansevieria trifasciata 'Laurentii'5 Gallon 0.5

STRIPED MOTHER-IN LAW'S TONGUE
3'-4' 43
Rosa 'Iceberg'5 Gallon0.5

ICEBERG ROSE
3' 50
Clumping
4'
Buxus microphylla 'Green Beauty'5 Gallon0.5
GREEN BEAUTY BOXWOOD (@ 18" On Center)
4'-6' 31
(Hedged)
Callistemon viminalis 'CV01' PP #24,4445 Gallon0.3

SLIM BOTTLE BRUSH
8'-10' 39
3'-4'
Podocarpus elongatus 'Monmal'5 Gallon0.5

ICEE BLUE PODOCARPUS
12 Cordyline x 'JURred'5 Gallon0.5

FESTIVAL BURGUNDY CORDYLINE
3' 9
3'
Note: All planters shall receive a 3" layer of shredded bark mulch or Mexican Beach Pebbles per owner's approval.

Myoporum parvifolium 'Pink' Rooted Cuttings0.3

PINK AUSTRALIAN RACER
727

GROUNDCOVER
Less than 12"
6'
From Flats
Total Srubs305
(Required) 60% 5 Gallon 183
Total 5 Gallons on Plan 194
Turf Grass
Total Trees Required15
Total Trees on Plan16
Groundcover 70% Coverage Note:

Additional Myoporum rooted cuttings (groundcover) are to be installed as required by the city landscape inspector to achieve the targeted 70% under-planting in shrub areas. Groundcovers shall be installed where the stem and canopy height of the primary shrub plant material allows such installations and where the installation of groundcover will not be detrimental the the health and growth of the primary shrub plant material. Understory groundcover planting of shrub areas shall be completed to achieve 70% groundcover coverage.

Podocarpus macrophyllus

YEW PINE

0.520'-25' 15 Gallon7
10'-15'
Lagerstroemia indica x fauriei 'Zuni'

ZUNI CRAPE MYRTLE

0.59'-12' 24" Box6
8'-10'
15'-20'
6'-15'
(Size restriction - wall footing)
DescriptionSymbol
Synthetic Turf
Install synthetic turf between concrete pads.

Total - 190 S.F.
1 2
Turf Grass
Install synthetic turf edging per turf contractor and manufacturer's recommendations. *Select turf color to match 'Santa Ana' natural turf planed per this plan.

Supplier: West Cost TurfSod0.6
Variety: Santa Ana
507 SF
Note: All synthetic turf at edges of driveway shall be tucked under at edge per manufacturer's recommendations or use an edging specific for synthetic turf. .

Drought tolerant water saving Bermudagrass
sod cultivated for warmer areas.

JOB NO.

SHEET

DESIGN PROJECT MANAGER
Greg Zoll
[email protected]
(951) 264-4839
Eastside Coastal, LLC
September 3, 2025
582

DESCRIPTION
of 8
H
S
Gregory
PaulZollOR
T
E
AT
C
OF
ALIF

S I CL EN
Signature
Renewal Date
Date
5204
IN
A T
ITCE
A
L
ED
C
ANDS
APE
RC
April 30, 2026
September 3, 2025
2308 Santa Ana Avenue. Costa Mesa Ca 92627
Landscape Architectural Plans
Landscape Architecture - Consulting
Water Management - Certified Arboriculture
(951) 264-4839
URBAN | ECOSYSTEM | SOLUTIONS
A division of Landscape Dynamics
north SCALE: 1"=8'
0' 8' PLANTING PLAN

PLANTING PLAN
7 L7
Buxus microphylla 'Green Beauty'

GREEN BEAUTY BOXWOOD
Callistemon viminalis 'CV01' PP #24,444

SLIM BOTTLE BRUSH
Cordyline x 'JURred'

FESTIVAL BURGUNDY

CORDYLINE
Dianella revoluta 'Baby Bliss'

BABY BLISS FLAX LILY
Lavandula stoechas 'Otto Quast'

SPANISH LAVENDER
Podocarpus elongatus 'Monmal'

ICEE BLUE PODOCARPUS
Rosa 'Iceberg'

ICEBERG ROSE
Sansevieria trifasciata 'Laurentii'
Striped Mother-in Law's Tongue
Distictis 'Rivers'

ROYAL TRUMPET VINE
Magnolia 'Litte Gem'

LITTLE GEM MAGNOLIA
Myoporum parvifolium 'Pink'

PINK AUSTRALIAN RACER
Trees
Shrubs and Groundcovers
Podocarpus macrophyllus

YEW PINE
Lagerstroemia indica x fauriei 'Zuni'

ZUNI CRAPE MYRTLE
ATTACHMENT 3
221
RESOLUTION NO. PC-2025-15

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF COSTA MESA, CALIFORNIA APPROVING DESIGN
REVIEW PLANNING APPLICATION (PA) 23-14 AND
TENTATIVE PARCEL MAP 2023-117 TO CREATE TWO

PARCELS EACH CONTAINING A NEW TWO-STORY

DETACHED SINGLE-FAMILY RESIDENCE WITH AN

ATTACHED TWO-CAR GARAGE IN THE MULTIPLE-FAMILY
RESIDENTIAL, MEDIUM DENSITY (R2-MD) ZONE FOR
PROPERTY AT 2308 SANTA ANA AVENUE

THE PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA FINDS AND DECLARES AS FOLLOWS:

WHEREAS, Planning Application PA-23-14 and Tentative Parcel Map 2023-117 was filed by Ali Sedghi, the property owner, requesting approval of the following: Tentative Parcel Map and Design Review for a residential small lot subdivision project consisting of two, two-story, detached single family dwelling units with attached two-car garages; WHEREAS, a duly noticed public hearing held by the Planning Commission on August 11, 2025 with all persons having the opportunity to speak for and against the proposal; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15315 (Class 15) Minor Division of Land, and Section 15303 (Class 3) New Construction or Conversion of Small Structures. In addition, this project is statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66.

WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.

NOW, THEREFORE, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the Planning Commission hereby APPROVES Planning Application PA-23-14 and Tentative Parcel Map No. 2023-'117 with respect to the property described above.

BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon ATTACHMENT 4
-1-
222
the activity as described in the staff report for Planning Application PA-23-14 and Tentative Parcel Map No. 2023-117 and upon applicant's compliance with each and all of the conditions in Exhibit B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material 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.

PASSED AND ADOPTED this 1 lth day of August, 2025.

Jeffi rl :'t ir
Co Mesa Planning Commission
-2-
223

STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss

CITYOFCOSTAMESA )
I, Carrie Tai, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. PC-2025-15 was passed and adopted at a regular meeting of the City of Costa Mesa Planning Commission held on August 11, 2025 by the following votes:

AYES: Harlan, Zich, Andrade, Dickson, Klepack, Martinez, Rojas NOES: None
ABSENT: None
ABSTAIN: None
Costa Mesa Planning Commission
Resolution No. PC-2025-15
-3-
224

EXHIBIT A

FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13- 29(g)(13) and (14):

Tentative Parcel Map Findings - CMMC Section 13-29(g)(13) Finding: The creation of the subdivision and related improvements is consistent with the general plan, any applicable specific plan, and the Zoning Code.

The proposed parcel map is consistent with General Plan Land Use Objectives LU-I A and LU-2A, in that the subdivision allows for a project that would promote homeownership opportunities and improve the balance between rental and ownership housing in the City, and the parcel map would allow for redevelopment of an existing parcel which would improve and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping.

Finding: The proposed use of the subdivision is compatible with the General Plan.

In addition, the subdivision allows for a project that would promote homeownership opportunities and improve the balance between rental and ownership housing in the City, and the parcel map would allow for redevelopment of an existing parcel which would improve and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping, pursuant to General Plan Land Use Objectives LU-IA and LU-2A.

Finding: Thesubjectpropertyisphysicallysuitabletoaccommodatethesubdivision 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 environmentai information.
-4-
225
Facts in Support of Finding: The property is relatively flat regarding topography, located within an established residential neighborhood, currently improved with residential development and suitable to accommodate two residential units. The size of the lot is also suitable since the proposed development meets all applicable development standards including, setbacks, parking, and open space.

The parcel map proposes to subdivide a parcel into two lots that does not exceed the minimum R2-MD maximum density of one dwelling unit for 3,630 square-feet of lot area. Adequate infrastructure exists to serve the proposed project and the project will not result in the loss of any habitat, result in a negative impact on the environment as a whole or require extensive infrastructure improvements to provide service to the site.

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. j.

Facts in Support of Findings: The project provides 45.8 percent open space for the overall development and each unit will have at least 200 square feet or private open space area. The open space will accommodate landscaping that can be provided throughout the site with adequate setbacks for airflow, and trees for site shading. The project is proposed to include operable windows and will be fully insulated as required by the building code.

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 project has been reviewed by the Public Works Department and there are no conflicts with the City's or other utility agencies' rights-of-way or easements.

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).

Furthermore, the applicant will be required to comply with the regulations set forth by the Costa Mesa Sanitation District and Mesa Water District. Compliance with the Costa Mesa Sanitation District and Mesa Water District involves the implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction-related activities, which will specify the "best management practices" (BMPs) that the project will be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are -5-
226
prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property.

Finding: That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;
Facts in Support of Findings: The proposed subdivision map is consistent with the goals, objectives, policies, and land use designations of the applicable General Plan and any relevant Specific Plans adopted for the area. The project complies with all applicable land use, circulation, and development standards and furthers the intent of the City's planning documents. Therefore, this finding cannot be made.

Finding: That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
Facts in Support of Findings: The design and proposed improvements of the subdivision, including lot configuration, access, and infrastructure, conform with applicable General and Specific Plan policies and standards. Improvements are consistent with the planned infrastructure network and development pattem anticipated in the area. Therefore, this finding cannot be made.

Finding: That the site is not physically suitable for the type of development; Facts in Support of Findings: The site is physically suitable for the type of development proposed. The topography, existing conditions, and lack of physical constraints such as flood zones or geologic hazards allow for safe and feasible development. Necessary utilities and infrastructure can be provided to support the proposed use. Therefore, this finding cannot be made.

Finding: That the site is not physically suitable for the proposed density of development;
Facts in Support of Findings: The proposed density of development is consistent with zoning regulations and the land use designation for the site. The site can adequately accommodate the proposed number of lots or units without resulting in overcrowding or unsafe conditions. Adequate access, open space, and public services are available to support the proposed density. Therefore, this finding cannot be made.

Finding: That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
-6-
227
Facts in Support of Findings: The design of the subdivision and associated improvements will not cause substantial environmental damage or significantly and avoidably impact fish or wildlife habitat in that there are no environmentally sensitive areas within or around the site. Therefore, this finding cannot be made.

Finding: That the design of the subdivision or type of improvements is likely to cause serious public health problems; and
Facts in Support of Findings: The design of the subdivision and proposed improvements will not result in any serious public health problems. The project will comply with all applicable building codes, health regulations, and safety standards.

Required public services, including fire protection, water, and wastewater infrastructure, are available and sufficient to serve the development. Therefore, this finding cannot be made.

Finding: That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public atlarge has acquired easements foraccess through or use of property within the proposed subdivision." Facts in Support of Findings: The subdivision does not conflict with any public easements for access or use. All existing public easements of record have been identified and appropriately preserved, or alternate easements of substantially equivalent utility will be provided where necessary. The proposed map ensures continued public access and utility connectivity as required. Therefore, this finding cannot be made.

Pursuant to the proposed subdivision design, none of the above findings for denial can be made or associated with the proposed project.

Design Review Findings - CMMC Section 13-29(g)(14) Finding: The project complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the residential design guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features. -7-
228
Facts in Support of Findings: The project proposes a maximum density of one dwelling unit per 3,630 square feet of lot area, which is consistent with the maximum allowable density for the R2-MD Zone and the Medium Density Residential land use designation. The project complies with all other applicable Zoning Code standards including setbacks, parking, and open space. The project design incorporates elevations with varied roof forms and projections including eaves and overhangs to provide visual interest as viewed from the street. The exterior materials include brick veneer and horizontal wood siding, white stucco and composite shingle roofing. The architecture of the homes includes varying roof Forms, wall planes, and exterior materials which allow it then to avoid a boxy two-story design. Landscaping throughout the project meets code requirements and the project would introduce 22 new trees on-site, 11 of which are palms. The project will not result in privacy impacts to the surrounding residences based on the proposed window fenestration patterns and the proposed setbacks from the neighboring properties.

Finding: The visual prominence associated with the construction of a two-story house or addition in a predominantly single-story neighborhood has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls.

Facts in Support of Finding: The neighborhood includes a mixture of one and two-story residential properties consisting of apartments, duplexes, condos, and single-family residences. The abutting property to the northeast consists of an apartment complex and the two abutting properties to the southeast consist of detached single-family residences. The second story design proposes a second- floor area that will not exceed the floor area of the first floor which complies with the design guidelines.

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 /ow income households, as defined by the California Department of Housing and Community Development. The project includes long-term affordability covenants in compliance with state /aw.

Facts in Support of Finding: The application does not include an affordable multi-housing development component and therefore, the requirement to include an affordability covenant is not applicable to the project.

B. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15), Minor Land Divisions for the parcel map application, and Section 15303 (Class 3), New Construction or Conversion of Small Structures for the design review application.
-8-
229
Under Class 15, the division of property in urbanized areas is exempt from the provisions of CEQA if the subdivision: is zoned for residential use, is being subdivided into four or fewer parcels, conforms with the General Plan and Zoning Code, is accessible and serviceable by utilities, was not involved in a division of a larger parcel within the previous two years, and has an average slope less than 20 percent. The proposed project meets the aforementioned conditions as described under CEQA Section 15315 in that:
* The project is located within the City of Costa Mesa and is consistent with the R2- MD Zoning Designation and the Medium Density Residential General Plan Designation because it proposes lot areas and development in compliance with zoning requirements, and proposes a density below the allowed General Plan Land Use Density (12 units per acre);
* The project site is serviceable by all utilities and is accessible to the public right of way;
* The parcel has not been involved in a previous subdivision in the previous two years; and
* The parcel has been previously graded, is relatively flat and has an average slope less than 20 percent.

Under Class 3, a project is exempt from the provisions of CEQA if it includes the construction or conversion of less than three new single-family residences in an urbanized area. The proposed project meets this requirement in that it includes the replacement of existing two single-family residences with two new single-family residences in an urban area. Lastly, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies.

Specifically, the project would not result in a cumulative environmental impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.

C. The project is subject to a traffic impact fee, pursuant to Chapter Xll, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. -9-
230

EXHIBIT B

CONDITIONS OF APPROVAL
Plng. 1. ApprovalofDesignReviewPA-23-14andTentativeParcelMapNo.2023-117is 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. The conditions of approval for Design Review PA-23-14 and Tentative Parcel Map No. 2023-117 shall be blueprinted on the face of the site plan as part or the plan check submittal package. 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.

3. Second floor windows shall be designed and placed to minimize direct lines-of- sight into windows on adjacent neighboring properties, and to minimize visibility into abutting residential side and rear yards. Every effort shall be made to maintain the privacy of abutting property owners. Prior to issuance of a building permit, applicant shall provide a window placement study demonstrating compliance with this condition.

4. The final subdivision map shall be recorded with the County prior to the issuance of grading permits or building permits for the proposed development.

5. The applicant shall install a six-foot high decorative block wall around the perimeter of the proposed development lot pursuant to the CMMC. Where walls on adjacent properties already exist, the applicant shall work with the adjacent property owner(s) to prevent side-by-side walls with gaps in between them and/or provide adequate privacy screen by trees and landscaping.

6. Prior to building permit final, the developer shall construct decorative block walls or wood fencing on the interior property lines of the development lot pursuant to the CMMC. Any future modifications to the fencing on the interior property lines after project completion shall be first reviewed and approved by the Development Services Director and any required permits obtained prior to installation. The location and height of walls and fences shall comply with Code requirements, as well as any visibility standards for traffic safety related to ingress and egress.

Elevations shall not be modified unless otherwise approved by Development Services Director as consistent with the architectural design and features of the proposed development. Failure to obtain prior Planning Division approval of the -10-
231
modification could result in the requirement of the applicant to (re)process the modification through a discretionary review process, or in the requirement to modify the construction to reflect the approved plans.

8. Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts to residential areas.

9. 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 residential uses to the fullest extent that is reasonable and practicable. The plan shall show undisrupted access to other properties and shall ensure that trash facilities are accessible. The plan shall include construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. The plan should mitigate disruption to residents 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 be estimated by the developer and subject to approval by the Development Services Director or Transportation Services Manager.

10. Any ground floor exterior decks/patios shall not be built higher than six inches above natural grade.

11. Backflow preventers, and any other approved above-ground utility improvement shall be located outside of the required street setback area and shall be screened from view, under direction of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director.

12. Theapplicantshalldefend,indemniTy,andholdharmlesstheCity,itselectedand 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 limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such 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.

13. The landscaping of this project shall comply with the City's landscaping requirements and any applicable guidelines (i.e. Water Efficient Landscape Guidelines). A final landscape plan shall be submitted with the plan check submittal.

14. Theapplicantshallworkwithstafftoremoveasmanypalmtreesaspossibleon Parcel 2 from the scope of work and include trees along the southern side property line of Parcel 2 to sufficiently screen the project from the abutting property.

15. All driveways and parking areas shall be Finished with decorative stamped concrete or pervious pavers. The final landscape concept plan shall indicate the landscape palette and the design/material of paved areas, and the landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits.
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Bldg.

16. Prior to the issuance of building permits, the applicant shall provide a Maintenance Agreement. The Maintenance Agreement must be in a form and substance acceptable to, and shall be approved by the Development Services Director and City Attorney's Office. The Maintenance Agreement shall include, but not limited to:
a. Restrictions requiring residents to park vehicles in 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 at the number of which the garage was originally designed and to allow for inspections by the association to verify compliance with this condition. b. Restrictions that require that any subsequent revisions to the Maintenance Agreement related to these provisions must be reviewed and approved by the City Attorney's Office and the Development Services Director before they become effective.
c. Restrictions prohibiting the outside storage of any boats, trailers, Recreational Vehicles, and similar vehicles.
d. A plan or manner of permanent care and maintenance of any project open spaces such as the shared landscaping between driveways, pedestrian sidewalk, recreational areas and commonly used areas/facilities.
e. Requirements for the disclosure of general and specific information to buyers of issues regarding the property and its surroundings.

17. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre-wiring for future cable communication service.

18. TheapplicantshallcontactthePIanningDivisiontoarrangeaPlanninginspection 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.

19. PriortoissuanceofCertificateofOccupancy(CofO)theapplicantshallprovide a scaled and dimensioned digital site plan(s) for the project site, digital format, 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.

20. A precise grading plan shall be submitted and clearly identify the lowest and highest elevation 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 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.

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. Maximum area of exterior wall openings shall be determined in accordance with the applicable provisions of California Residential Code R302.1(2). -12-
233
Eng.

24. All new residential construction shall have solar system install prior to final building inspection.

25. Comply with the requirements of the California Department or 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 (714) 708-1910 for information.

26. All new residential construction shall have electrical appliances ready.

27. The Parcel shall be developed in full compliance with the State Map Act and the City of Costa Mesa Municipal Code (CMMC), 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.

28. 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.

29. The Final Parcel Map shall be submitted to the Engineering Division for checking.

Map check fee shall be paid per C.C.M.M.C. Section 13-231.3.

30. A current copy of the title search shall be submitted to the Engineering Division with the first submittal of the Final Parcel Map.

31. 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.

32. Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements prior to approval of Final Parcel Map.

33. The Subdivider's engineers shall furnish the Engineering Division a storm runoff study to the City of Costa Mesa showing existing and proposed facilities and the method of draining this area and tributary areas without exceeding the capacity of any street or drainage facility on-site or off-site. This study to be furnished with the first submittal of the Final Parcel Map. Cross lot drainage shall not occur.

34. Sewer improvements shall meet the approval of the Costa Mesa Sanitary District; call (949) 631-1731 for information. Water system improvements shall meet the approval of Mesa Water District; call (949) 631-1200 for inTormation.

36. Prior to recordation of a Final Parcel 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.

37. Survey monuments shall be preserved and referenced before construction and replaced after construction, pursuant to Section 8771 of the Business and Profession Code.

38. The elevations shown on all plans shall be on Orange County benchmark datum (NAVD 88).

39. Prior to recordation of a Final Parcel Map, submit required cash deposit or surety bond to guarantee monumentation. Deposit amount to be determined by the City Engineer.

40. Prior to occupancy, the surveyor/engineer shall submit to the City Engineer a Digital Graphic File, reproducible mylar of the recorded Parcel Map, and approved off-site plan and nine copies of the recorded Parcel Map. -13-
234
Fire 41. Residential fire sprinklers (NFPA 13D) are required for new residential units.

Install NFPA 1 3D Fire Protection System's with interconnected smoke detectors inside each home.

Trans. 42. The applicant shall submit a Traffic Impact Fee to the Transportation Division prior to issuance of building permits. The fee is required in an amount determined by the Transportation Division pursuant to the prevailing schedule of charges adopted by the City Council. The fee is calculated with consideration of standardized trip generation ratios for proposed uses and includes credits For existing uses. NOTE: The estimated Traffic Impact Fee for this application is $2,052.00. The fee will be calculated at the time of issuance of building permits and based upon the prevailing schedule of charges in effect at that time.

CODE REQUIREMENTS
The following list of federal, State and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa.

2. The location and height or walls, Fences, and landscaping shall comply with Code requirements, as well as any visibility standards for traffic safety related to ingress and egress.

3. 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. Saturday. Noise-generating construction activities shall be on Sunday and the following Federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

4. DevelopmentshallcomplywithallrequirementsofSection13-32andArticle2.5, Title 13, of the Costa Mesa Municipal Code relating to development standards for residential projects.

5. Prior to the issuance of building permits, the applicant shall contact the US Postal Service with regard to location and design or mail delivery facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan.

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, suits, building, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings.

7. All on-site utility services shall be installed underground.

8. 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.

9. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division.

10. Two sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108 and the City's Water Efficient Landscape Guidelines, shall be required as part of the project plan check review and approval process. Plans shall be -14-
235
Bldg.
forwarded to the Planning Division for final approval prior to issuance of building permits.

11. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance.

12. A minimum 20-foot by 20-foot clear inside dimension shall be provided for the two-car garages, with minimum garage door width of 16 feet and automatic garage door openers. The proposed garages shall be used for parking as required by code as it is not habitable space; further excess storage which prevents parking the required number of vehicles is prohibited.

13. Comply with the requirements of the most recent 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.

14. 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.

15. PlansshallbepreparedunderthesupervisionofaregisteredCaliforniaArchitect or Engineer. Plan shall be stamped and signed by the registered California Architect or Engineer.

16. Construction/ improvements that encroach within Public Utility Easements shall associated with thatrequire written approvals from the utility companies easement.

17. Comply with the requirements of the following adopted codes Code, 2022 California Building Code, 2022 California Electrical code, 2022 California Mechanical code , 2022 California Plumbing code , 2022 California Green Building Standards Code and 2022 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance ) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa.

Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2022 California Building Code.

18. PriortotheBuildingDivision.(AQMD)issuingademolitionpermitcontactSouth Coast Air Quality Management District located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 0r Visit their web site http://www.costamesaca.gov/modules/showdocument.aspx?documentid=2338 1 The Building Div. will not issue a demolition permit until an Identification no.is provided By AQMD

19. Provide a plan to the County of Orange Health Dept. for review and approval.

20. 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 %: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. 3- A fill less than 3 ft in depth, not -15-
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Fire
Water
Sani.

School
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.

21. Submit a soils report for this project. Soil's Report recommendations shall be blueprinted on both the architectural and the precise grading plans.

22. The ground adjacent immediately to the foundation shall be slopes 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 'I 2 inches plus 2 percent 2019 California Building Code sec. 1808.7.4 i- 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 Residential Code CRC 403.1.7.3 ii- Lots shall be graded to drain surface water away from foundation walls. The grade shall Fall a minimum of 6 inches within the first 10 feet. CRC R401.3

23. Comply with the requirements of the 2022 California Fire Code, including the reference standards, as adopted and amended by Costa Mesa Fire & Rescue.

24. Project will require a Plan Check and permit from Mesa Water District. 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.

25. It is recommended that the developer contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements.

26. Pay applicable Newport Mesa lJnified School District fees to the Building Division prior to issuance of building permits.
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PLANNING COMMISSION

AGENDA REPORT
MEETING DATE: AUGUST 11, 2025 ITEM NUMBER: PH-1 SUBJECT: DESIGN REVIEW (PA-23-14) AND TENTATIVE PARCEL MAP 2023- 117 REQUEST FOR A RESIDENTIAL SMALL LOT SUBDIVISION TO

CREATE TWO PARCELS , EACH CONTAINING A NEW TWO -STORY

DETACHED SINGLE-FAMILY RESIDENCE AND AN ATTACHED TWO -
CAR GARAGE AT 2308 SANTA ANA AVENUE

FROM: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION

PRESENTATION BY: CAITLYN CURLEY, ASSISTANT PLANNER

FOR FURTHER

INFORMATION
CONTACT:

CAITLYN CURLEY
714-754-5692
[email protected]

RECOMMENDATION:

Staff recommends the Planning Commission adopt a Resolution to:

1. Find that the staff presentation is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 (Class 15) Minor Divisions of Land, and Section 15303 (Class 3) New Construction or Conversion of Small Structures. In addition, this project is statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66; and

2. Approve Parcel Map No. 2023-117 and Design Review PA-23-14 based on findings of fact and subject to conditions of approval.

APPLICANT OR AUTHORIZED AGENT:

The applicant and authorized agent is the property owner, Ali Sedghi of Eastside Coastal LLC.

ATTACHMENT 5
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PLANNING APPLICATION SUMMARY

Location: 2308 Santa Ana Avenue Application Number: PA-23-14 Request: Parcel Map and Design Review for a residential small lot subdivision project consisting of two, two-story, detached single family dwelling units with attached two-car garages.

SUBJECT PROPERTY: SURROUNDING PROPERTY:

Zone: R2-MD (Multi-Family
Residential, Medium Density)
North: R2-MD
General Plan: Medium Density Residential South: R2-MD Lot Dimensions: 63’ x 150’ East: R2-MD
Lot Area: 9,450 SF West (across Santa Ana Ave): R1
Existing
Development:

One single-story, single-family dwelling with a detached, nonconforming two -car garage.

DEVELOPMENT STANDARDS COMPARISON

Development
Standard
Small Lot Standards Proposed/Provided Code Compliant?
Lot Size
Lot Width/Depth No Standard Parcel 1: 44 FT 1.5 IN /
82 FT
Parcel 2: 63 FT / 150 FT
Yes
Lot Area 3,630 SF Parcel 1: 3,862 SF
Parcel 2: 5,588 SF
Yes
Density/Intensity
DUs Per Acre
(Residential)
1 DU / 3,630 SF of Lot
Area
2 units maximum
allowed
Total of two units Yes
Building Height
2 Stories / 27 FT 2 stories / 26 FT 5 IN Yes
Open Space
Overall Open Space 35% of development
area
4,333 SF (46%) Yes
Private Open Space 200 SF / Min. 10 FT Parcel 1: 1,213 SF Parcel 2: 1,598 SF
Yes
Residential Guidelines
2nd Floor to 1 st Floor
Ratio
Maximum 100% Parcel 1: 98.5%
Parcel 2: 86.4%
Yes
Development Lot Building Setbacks
Front 20 FT 20 FT 1 IN Yes
Side (left) 5 FT 5 FT 1 IN Yes
Side (right 5 FT 5 FT 1 IN Yes
Rear 15 FT 15 FT 1 IN Yes
Distance Between
Main Buildings
6 FT 30 FT 4 IN Yes
Parking
Garage 2-car garage per unit 2-car garage/unit (4
spaces)
Yes
Open 2 spaces per unit 2 spaces/unit (4 spaces) Yes
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Total Parking 8 spaces 8 spaces Yes

CEQA Review Exempt per CEQA Guidelines Section 15315 (Minor Division of Land) and Section 15303 (New Construction or Conversion of Small Structures) Final Action Planning Commission

EXECUTIVE SUMMARY

The applicant is requesting Planning Commission approval of a small two-lot residential subdivision project for the development of two new parcels, each with a two -story, detached single- family residence and an attached two -car garage. The proposed subdivision would allow for individual ownership of the units. Staff supports the request because the proposed small lot subdivision project is consistent with applicable goals, objectives, and policies of the General Plan, complies with applicable provisions of the Zoning Ordinance and respective findings, and would be compatible with surrounding residential development.

BACKGROUND

The project site is located on the northeastern side of Santa Ana Avenue, near the intersection of Santa Ana Avenue and 23
rd Street, in eastside Costa Mesa. The project site
is an interior lot located on a level, rectangularly shaped 9,450 square foot parcel.

The property has a General Plan Land Use designation of Medium Density Residential (MDR) and is zoned Multi -Family Residential District, Medium Density (R2 -MD). The project site is surrounded by residential development that consists of multi- and single- family residences. Properties abutting the project site to the north, east and south are designated under the R2-MD zone. The properties to the west, across Santa Ana Avenue, are designated under the R1 zone.

Current development on the property consists of one vacant single- family residence constructed between 1938 and 1947, based on historic aerial photographs. There is no permit on file with the City for the construction of the residence due to the age of the building. The residence has a driveway with access from Santa Ana Avenue that leads to a two-car garage. The residence has been owner occupied for more than five years and it therefore not a protected unit. This structure would be demolished to allow for the proposed project.

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Exhibit 1 Project Location

Exhibit 2 Existing Street View of 2308 Santa Ana Avenue

Subject Property
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REQUEST

The applicant is requesting approval for a Small Lot Subdivision for the development of two single family residences and attached garages. Small Lot Subdivisions are allowed in the R2-MD zoning district pursuant to Costa Mesa Municipal Code (CMMC) Section 13- 42, with the approval of a Tentative Parcel Map and Design Review application s. This project does not qualify for a regular subdivision because the resultant lots and structures do not meet the standards required for subdivisions and new construction in the R2-MD zone without the allowances of the Small Lot Subdivision requirements.

The proposed development, as shown in E xhibit 3 below, will subdivide the 9,540- square-foot parcel into two parcels. Parcel 1 is proposed to be 3,862 square feet and Parcel 2 is proposed to be 5,588 square feet. Each parcel proposes a two-story single- family residence with an attached two-car garage that will be oriented towards Santa Ana Avenue.

Exhibit 3 Proposed Parcel Map

ANALYSIS

Residential Small Lot Subdivision / Tentative Parcel Map

The CMMC requires that the maximum density of a small lot subdivision be consistent with the underlying zoning district (R2-MD, Multiple-Family Residential District, Medium Density) and required development standards are specified pursuant to CMMC Section 13-42.3(b)(1-6). Parcels greater than 7,260 square feet in area are allowed a density of 1 unit per 3, 630 square feet of lot area. The project proposes two parcels each with a minimum lot area greater than 3,630 square feet and therefore complies with the density requirements. A comparison of the required development standards and the proposed project is provided above in the “Development Standards Comparison” table. As indicated in this table, the project is designed in compliance with the City’s standards. 242
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Additionally, the project has been reviewed by the Building Division and conditions of approval have been included to ensure compliance with the California Building Code.

The existing 9,540 square-foot property is rectangularly shaped and is 150 feet deep and 63 feet wide. The Tentative Parcel Map application proposes the creation of two lots consisting of Parcel 1 (3,862 square feet) and Parcel 2 (5, 588 square feet). Parcel 1 is proposed as rectangular shaped abutting Santa Ana Avenue with 44 feet 1.5 inches of street frontage, and Parcel 2 is proposed to be located mostly behind Parcel 1 with the front property line extending to Santa Ana Avenue for driveway access. Parcel 2 has a street frontage of 18 feet 10.5 inches on Santa Ana Avenue. The City’s Residential Small Lot Subdivision standards do not require a minimum lot size.

Design Review

The proposed development includes two new two-story single-family residences that are approximately 2,646 square feet (Unit 1) and 3,060 square feet (Unit 2), with attached two car garages, and four bedrooms. The maximum height of the residences is proposed to be 26 feet 5 inches.

Pursuant to CMMC Section 13-42.2, a new residential small lot development project shall be processed according to the City’s Design Review procedures (CMMC Section 13-29).

The City’s Design Review application process ensures that the proposed development complies with the Costa Mesa Zoning Code and meets the intent of the Residential Design Guidelines. Table 1 below provides a summary of the residential development proposed on each Parcel.

Table 1 Unit Characteristics
1st
Floor
Area
Garage 2nd Floor
Area
(includin
g
balcony)
2nd
Floor
/ 1 st
Floor
Ratio
Bed-
room
Count
Bath-
rooms
(Full/Half)
Parking
Spaces
(Garage
/Open)
Lot Area

Unit 1 1,118
SF
434 SF 1,528 SF 0.98
5 4 4 Full 2/2 3,862 SF
Unit 2 1,444
2 SF
430 SF 1,618 SF 0.86
4 4 4 Full/
1 Half
2/2 5,588SF

Residential Design Guidelines

The proposed development, as shown in Exhibit 4 below, meets the intent of the City’s Residential Design Guidelines as follows:

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• Second-Story Design and Building Mass : The City’s Residential Design Guidelines recommend second -story floor areas (including balconies) to not exceed 100 percent of the first-story floor area (including attached garage areas).

The second-story floor area of Unit 1 has been designed with an area of 98.5% of the first-story floor area and Unit 2 has been designed with a floor area that is

86.4% of the first-story floor area. Each proposed residence has been designed with articulation and off-sets on the various elevations to avoid boxy appearances.

The elevations for the proposed development include multiple building planes and varied roof forms to soften the mass of the second story. The elevations also include varied facades and articulations with brick veneer and horizontal wood siding and stucco.

• Second-Story Setbacks: According to the Residential Design Guidelines, "the second-story interior side building elevation should be set back an average of 10 feet but shall be no closer than five feet from the side property line”. However, the Guidelines specify that only a five-foot second-story setback is required for units less than 2,700 square feet of living area. Unit 1 is proposed at 2,646 square feet and is therefore exempt from the second-story setback requirements. Unit 2 has a floor area of 3,060 square feet and has been designed with 10-foot average side setbacks to meet this standard.

• Elevation Treatments: All units feature a variety of projections and include articulation on each wall, varying roof types and materials. Building materials include brick veneer and horizontal wood siding, white stucco and composite shingle roofing.

• Window Placement: Consideration for design and privacy has been provided in locating the windows on the property. The applicant provided a “line of sight study” which demonstrates that the second-story windows facing north, and south are located without direct views into the neighboring structures. Windows with direct views into usable side and rear yards provide privacy with either glazing or by utilizing a five-foot sill height. One window in Bedroom 2 of Unit 1 is required to meet egress requirements for the California Building Code. In this case, the window has been designed to meet the minimum size required by the Building Code to meet egress requiremen ts in order to mitigate privacy impacts to the neighboring backyard. The first-story windows are located behind the proposed six-foot block wall. The block wall is proposed to be constructed on the property line between the neighboring properties, which would further eliminate privacy impacts for the existing neighboring properties.

• Consistency in Architectural Design: The proposed design includes California Coastal Modern architecture with materials and finishes that remain durable and require minimal maintenance. In addition, each façade features a variety of 244
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overhangs, materials, and roof forms, which provides visual interest and façade articulation (see the below Exhibit 4).

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Exhibit 4 Colored Elevations

Unit 1 Unit 2

The immediately surrounding neighborhood features a diverse collection of architectural styles including other residences with modern and eclectic influences, and residences with craftsman features, eclectic styles and traditional styles (see the below Exhibit 5). The varying use of materials ranging from stucco and brick veneer to wood siding and the use of articulation and off-sets for two- story residences are common throughout the neighborhood which would be compatible with the proposed design.

Exhibit 5 Neighboring Property Street View Examples

Open Space

The CMMC requires that each unit be provided a minimum of 200 square feet of open space with no dimension being smaller than 10 feet . The units are proposed to be constructed to comply with the CMMC required private open space. Unit 1 provides 1,213 square feet of private open space with a minimum of 10 feet in depth and Unit 2 provides 1,598 square feet of private open space with a minimum of 10 feet in depth.

Pursuant to the CMMC, each unit will also provide adequate space outside of each unit for three trash containers without encroaching into the garage space and without being visible from the public right of way.

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Parking and Circulation

Pursuant to the City’s Small Lot Subdivision Standards and as provided by the project, units proposed with four bedrooms require two garage and two open parking spaces for each parcel (see Table 2 below).

Table 2 Parking Requirements
Requirement Proposed
Garage Parking Spaces 4 spaces (2 per unit) 4 spaces
Open Parking 4 spaces (2 per unit for 3 or
more bedroom units)
4 spaces

Pursuant to the Residential Small Lot Subdivision standards, driveway width is required to be 10 feet. The project complies with a 17-foot-wide driveway on Parcel 1 and a 10- foot-wide driveway on Parcel 2. Each driveway provides access to the respective unit’s two-car garage and two open-parking spaces located on each driveway. Both the City’s Fire Department and Public Works Department have reviewed the project access design for conformance with minimum safety and access criteria. As required by the CMMC and as conditioned, all parking and driveways shall consist of decorative concrete, pavers, or other material subject to review by the Development Services Director.

Fences and Walls

Pursuant to CMMC Section 13-75, the project requires the installation of a six -foot tall masonry wall around the perimeter of the proposed development lot. The final design of the walls will be reviewed as part of the building permit submittal. Any future modifications to the site walls and fencing are subject to review and approval of the Planning Division and may require building permits to be issued prior to installation. The heights and locations of walls and fences shall comply with the CMMC requirements as well as applicable visibility standards for traffic safety.

Landscaping and Lighting

Per CMMC Section 13-106, all required landscape areas shall consist of drought tolerant plant material and shall meet the minimum number of plant types based on the total landscape square footage. The project proposes a total of 2, 428 square feet of landscaping with a mixture of usable and decorative landscaping. The number of plants and trees required and proposed is provided in Table 3 below.

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Table 3 Landscaping Requirements
Requirement Proposed
Tree Count 15 (one, 15-gallon tree or larger per 200
square feet of landscape area)

16.51 Shrub Count 305 (one shrub for every 25 square feet of landscape area)
305
Groundcover
coverage
70% with the remaining area to incorporate
uncontaminated compost/mulch
70%
1 The project proposes 11 palm trees, which each count as one-half of a tree for the purposes of meeting the Landscaping Standards.

As part of the building permit plan check review, landscape plans will be prepared and certified by a California licensed landscape architect confirming compliance with the CMMC and water efficiency landscape guidelines (see Exhibit 6 which shows the proposed landscape plans for Parcels 1 and Parcel 2).
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Exhibit 6 Conceptual Landscape Plans

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Utilities

Conditions of approval will require that prior to building permit approval, the applicant shall submit for approval of a comprehensive utilities plan to ensure that the water and sewer mains are adequate, and utility upgrades will be required if the ex isting infrastructure is not adequate. The plan will be reviewed by both the City’s Building Division and Public Works Department at time of building permit submittal.

GENERAL PLAN CONFORMANCE

The following analysis further evaluates the proposed project’s consistency with specific policies and objectives of the 2015-2035 General Plan.

1. 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 opportunities.”

Consistency: The proposed project is in conformance with General Plan Policy LU-1.3 in that the proposed scope of work consists of demolishing one single-family dwelling and one detached garage located on a multi- family zoned parcel (R2 -MD) and to construct two, two-story detached ownership single-family dwelling units with attached garages on separate parcels, which will maximize the ownership opportunities of a residential property.

2. Objective LU-2A: “Promote land use patterns and development that contribute to community and neighborhood identity.”

Consistency: The project site is surrounded by single- and multi-family zoned parcels featuring various types of single and multi -family development. The proposed project complies with General Plan Objective LU-2A in that the proposed multi -unit development is consistent with the types of development within the surrounding neighborhood and contributes to architectural design that complies with the residential design standards in the neighborhood.

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3. Policy HOU-3.4: “Consider the potential impact of new housing opportunities and their impacts on existing residential neighborhoods when reviewing development applications affecting residential properties.”

Consistency: The project would not negatively affect surrounding residential properties as privacy impacts have been considered in the development of the project and the proposed development will generally improve neighborhood and streetscape aesthetics. The project would be located in an established residential neighborhood and would increase the total opportunities for individual housing ownership in the City.

FINDINGS

Pursuant to Title 13, Section 13-29(g)(13) and (14), “Findings for Tentative Parcel Maps and Design Review,” to approve the project, the Planning Commission must find that the evidence presented in the administrative record substantially meets the following applicable required findings:

Tentative Parcel Map Findings – Costa Mesa Municipal Code Section 13-29(g)(13)

The creation of the subdivision and related improvements is consistent with the General Plan, any applicable specific plan, and the Zoning Code.

The Medium Density Residential General Plan land use designation establishes a maximum allowable density of 12 units per acre. The subject parcel is 9,450 square feet in area. The parcel map would allow for a new residential project that would be consistent with the General Plan land use designation of Medium Density Residential and the R2-MD zone that allows for one unit per 3, 630 square feet of lot area. The project design also complies with the applicable development standards for a residential small lot subdivision. The proposed parcel map is consistent with General Plan Land Use Objectives LU-1A and LU-2A, in that the subdivision allows for a project that would promote homeownership opportunities and improve the balance between rental and owner ship housing in the City, and the parcel map would allow for redevelopment of an existing parcel which would improve and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping.

The proposed use of the subdivision is compatible with the General Plan.

The subject property has a General Plan land use designation of Medium Density Residential, which allows multi-family residential uses at a maximum of 12 dwelling units per acre. The subject parcel is 9,450 square feet in area . The Parcel Map proposes a residential use that would not exceed the maximum density allowed per 251
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the General Plan. In addition, the subdivision allows for a project that would promote homeownership opportunities and improve the balance between rental and ownership housing in the City, and the parcel map would allow for redevelopment of an existing parcel which would im prove and maintain quality of the neighborhood by improved architecture, aesthetics, and landscaping, pursuant to General Plan Land Use Objectives LU-1A and LU-2A.

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 property is relatively flat regarding topography, located within an established residential neighborhood, currently improved with residential development and suitable to accommodate two residential units. The size of the lot is also suitable since the proposed development meets all applicable development standards including, setbacks, parking, and open space. The parcel map proposes to subdivide a parcel into two lots that does not exceed the minimum R2 -MD maximum density of one dwelling unit for 3, 630 square-feet of lot area. Adequate infrastructure exists to serve the proposed project and the project will not result in the loss of any habitat, result in a negative impact on the environment as a whole or require extensive infrastructure improvements to provide service to the site.

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 project provides 45.8 percent open space for the overall development and each unit will have at least 200 square feet of private open space area. The open space will accommodate landscaping that can be provided throughout the site with adequate setbacks for airflow, and trees for site shading. The project is proposed to include operable windows and will be fully insulated as required by the building code.

The division and development will not unreasonably interfere with the free and complete exercise of a public entity and/or public utility rights -of-way and/or easements within the tract.

The project has been reviewed by the Public Works Department and there are no conflicts with the City’s or other utility agencies’ rights-of-way or easements. 252
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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 lot currently has connections to the public sewer system for the existing residential unit. The parcel map would allow for a residential project that would not include physical changes to the lot that would result in discharge into the public sewer system in violation of State requirements. Furthermore, the applicant will be required to comply with the regulations set forth by t he Costa Mesa Sanitation District and Mesa Water District. Compliance with the Costa Mesa Sanitation District and Mesa Water District involves the implementation of a Stormwater Pollution Prevention Plan (SWPPP) for construction -related activities, which w ill specify the “best management practices” (BMPs) that the project will be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and/or otherwise appropriatel y treated prior to being discharged from the subject property.

That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;
The proposed subdivision map is consistent with the goals, objectives, policies, and land use designations of the applicable General Plan and any relevant Specific Plans adopted for the area. The project complies with all applicable land use, circulation, and development standards and furthers the intent of the City’s planning documents.

Therefore, this finding cannot be made.

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
The design and proposed improvements of the subdivision, including lot configuration, access, and infrastructure, conform with applicable General and Specific Plan policies and standards. Improvements are consistent with the planned infrastructure network and development pattern anticipated in the area. Therefore, this finding cannot be made.

That the site is not physically suitable for the type of development; The site is physically suitable for the type of development proposed. The topography, existing conditions, and lack of physical constraints such as flood zones or geologic hazards allow for safe and feasible development. Necessary utilities and infrastructure 253
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can be provided to support the proposed use. Therefore, this finding cannot be made.

That the site is not physically suitable for the proposed density of development; The proposed density of development is consistent with zoning regulations and the land use designation for the site. The site can adequately accommodate the proposed number of lots or units without resulting in overcrowding or unsafe conditions.

Adequate a ccess, open space, and public services are available to support the proposed density. Therefore, this finding cannot be made.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
The design of the subdivision and associated improvements will not cause substantial environmental damage or significantly and avoidably impact fish or wildlife habitat in that there are no environmentally sensitive areas within or around the site. Therefore, this finding cannot be made.

That the design of the subdivision or type of improvements is likely to cause serious public health problems; and
The design of the subdivision and proposed improvements will not result in any serious public health problems. The project will comply with all applicable building codes, health regulations, and safety standards. Required public services, including fire protection, water, and wastewater infrastructure, are available and sufficient to serve the development. Therefore, this finding cannot be made.

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.” The subdivision does not conflict with any public easements for access or use. All existing public easements of record have been identified and appropriately preserved, or alternate easements of substantially equivalent utility will be provided where necessary. The proposed map ensures continued public access and utility connectivity as required. Therefore, this finding cannot be made. 254
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Pursuant to the proposed subdivision design, none of the above findings for denial can be made or associated with the proposed project.

Design Review Findings – Costa Mesa Municipal Code Section 13-29(g)(14) The project complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the residential design guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. The design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features.

The project proposes a maximum density of one dwelling unit per 3,630 square feet of lot area, which is consistent with the maximum allowable density for the R2 -MD Zone and the Medium Density Residential land use designation. The project complies with all other applicable Zoning Code standards including setbacks, parking, and open space. The project design incorporates elevations with varied roof forms and projections including eaves and overhangs to provide visual interest as viewed from the street. The exterior materials include brick veneer and horizontal wood siding, white stucco and composite shingle roofing. The architecture of the homes includes varying roof forms, wall planes, and exterior materials which allow it to avoid a boxy two-story design. Landscaping throughout the project meets code requirements and the project would introduce 22 new trees on-site. 11 of which are palms. The project will not result in privacy impacts to the surrounding residences based on the proposed window fenestration patterns and the proposed setbacks from the neighboring properties.

The visual prominence associated with the construction of a two -story house or addition in a predominantly single -story neighborhood has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls.

The neighborhood includes a mixture of one and two-story residential properties consisting of apartments, duplexes, condos, and single -family residences. The abutting property to the northeast consists of an apartment complex and the two abutting properties to the southeast consist of detached single-family residences.

The second story design proposes a second-floor area that will not exceed the floor area of the first floor which complies with the design guidelines.

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 255
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by the California Department of Housing and Community Development. The project includes long-term affordability covenants in compliance with State law.

The application does not include an affordable multi -housing development component and therefore, the requirement to include an affordability covenant is not applicable to the project.

ENVIRONMENTAL DETERMINATION

• The project is located within the City of Costa Mesa and is consistent with the R2- MD Zoning Designation and the Medium Density Residential General Plan Designation because it proposes lot areas and development in compliance with zoning requirements, and proposes a density allowed by the General Plan Land Use Density;
• The project site is serviceable by all utilities and is accessible to the public right of way;
• The parcel has not been involved in a previous subdivision in the previous two years; and
• The parcel has been previously graded, is relatively flat and has an average slope less than 20 percent.

Additionally, under Section 15303 (Class 3), a project is exempt from the provisions of CEQA if it includes the construction or conversion of less than three new single -family residences in an urbanized area. The proposed project meets this requirement in that it includes the replacement of two existing single -family residence s with two new single-family residences in an urban area. Lastly, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a cumulative environmental impact; would not have a significant effect on the environment due to unusual circumstances; 256
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would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.

ALTERNATIVES

As an alternative to the recommended action, the Planning Commission may:

Approve the project with modifications . The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, staff will return with a revised Resolution incorporating new findings and/or conditions.

Deny the project. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application, provide facts in support of denial, and direct staff to incorporate the findings into a Resolution for denial. If the project is denied, the applicant could not submit substantially the same type of application for six months. However, because this project is subject to the Housing Accountab ility Act (Government Code Section 65589.5), if the Planning Commission denies the housing project, and the development is determined to be consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, the Planning Commission must make the following written findings:

• The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and

• There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (Feasible means cap able of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.)

LEGAL REVIEW

The draft Resolution and this report have been approved as to form by the City Attorney’s Office.

257
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PUBLIC NOTICE

Pursuant to CMMC Section 13-29(d) three types of public notification have been completed no less than 10 days prior to the date of the public hearing:

1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500-foot radius of the project site on July 30, 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 July 31, 2025.

3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper on August 1, 2025.

As of the completion date of this report, no written public comments have been received.

Any public comments received prior to the August 11 , 2025, Planning Commission meeting will be provided separately.

CONCLUSION

Staff supports the applicant’s request to develop a Residential Small Lot Subdivision because the proposed development is consistent with the City’s R2 -MD zoning designation and the General Plan . The project would provide homeownership opportunities to improve the balance between rental and ownership housing in the City. In addition, the proposed development is in compliance with the City’s Subdivision and Development Review standards and complies with the City’s Residential Design Guidelines. Lastly, the State’s Housing Accountability Act (Government Code Section 65589.5) applies to this project and generally requires that cities approve housing projects that are consistent with the General Plan and zoning, unless the City can make specific State mandated findings for denial (further discussed in the “Alternatives” section of this report).
258

PARTIDA, ANNA
From:

Sent:

To:

Cc:

Subject:

Mike Czaijowski <[email protected]>
Sunday, August 10, 2025 8:46 PM
PC Public Comments

ALFONSO BUITRAGO-JIMENEZ
2308 Santa Ana Ave., PA-23-14 Planning Commission Public Hearing August 11, 2025 Good morning,
I am writing in reference to the proposed two-story development adjacent to our private backyard at 300 23rd St. Below are our main concerns and objections regarding this project:

1. Public Hearing Notice and Insufficient Time for Review We received the city's notice regarding the public hearing but no project documents less than one week before the scheduled date. Additionally, the pro5cct information-over 100 pages of reports, drawings, and other documents-was posted online less than 24 work hours before the hearing. We were given only a half-day to review these materials on our phones (while out of town), which made it extremely difficult to fully study, understand, and respond to the proposal.

The development reports and drawings have likely been in the works for at least a year.

Yet, we as the owners of the affected property were given only one day to review everything. This is unreasonable, and we respectfully demand that the hearing be continued to allow sufficient time for us to consult and respond adequately.

2. Concerns About the Proposed Development
A) Inconsistent Layout Impacting Privacy
1 ATTACHMENT 6
259
The proposed layout does not follow the established development pattern of the area. The existing two homes at 2308 Santa Ana are located closer to the northern property line, near the side yard of the multi-unit neighbors, leaving our property's backyard private.

However, the new homes are planned to be positioned directly adjacent to our backyard, significantly affecting our privacy.

We request that the layout be adjusted so that the development follows the existing pattern, with the homes situated further away from our back yard property line to minimize the impact on the privacy of the single-story residences on 23rd Street.

B) Window Placement and Privacy Concerns
The design of the second-story bedrooms includes windows facing our backyard, which raises serious privacy concerns. These bedrooms already feature other windows facing the front and rear yards, which should be sufficient for natural light. The side-facing windows seem to exist solely to overlook our private backyard.

We demand that these windows, including the large hallway window, be eliminated.

Prior to seeing the drawings, we spoke with Ms. Caitlyn Curley, the planner in charge, who assured us that any windows facing our backyard would be at least 5 feet above the floor and feature obscured glass. However, the drawings show otherwise.

The proposed Great Room has multiple windows and a sliding glass door facing its backyard, with two more large windows overlooking our property. This is a blatant disregard for neighborly privacy. The view lines shown in the drawings also misrepresent the layout of our house, further exacerbating the issue.

C) Drainage and Sewer Concerns
The proposed grading and drainage plan does not seem to adequately address the known drainage issues at 2308 Santa Aria. The property has a history of flooding and sewer overflow during rainstorms. It is unclear whether the new grades will exacerbate these issues by diverting stormwater onto our property.

The 1% slope with a 5-foot setback is insufficient to prevent stormwater runoff from reaching us. We insist that the proposed drainage system be reviewed by our engineering consultant to ensure it properly mitigates these risks and protects our property from flooding and sewer issues.
2 260
D) Protection of Existing Trees
We are also concerned about how the installation of the footing for the proposed block wall and trenches for the sewer lines will affect the existing trees on our property. We are particularly worried that the roots of these trees may be damaged or undermined, potentially leading to their death. We are reminded of a tragic incident several years ago on Irvine Ave. and 17th st., where the roots of a tree were compromised during curb installation, leading to the tree's collapse and the tragic death of a driver.

We request that a specific plan is developed insuring special care be taken to avoid damaging or undermining the trees on our property during construction.

E) Lighting and Glare
The drawings do not include any information regarding the proposed lighting design for the subdivision areas, We are concerned about the potential glare from this lighting and how it could affect the privacy and comfort of our home and backyard. We request clprification on this matter.

Conclusion
There are many unanswered questions and unresolved issues regarding this project, particularly concerning safety and privacy, We, the owners of the adjacent property, respectfully request that the hearing be continued so that the developer can address these concerns. Additionally, we ask for more time to study the changes and respond appropriately.

Thank you for your attention to these matters.

Sincerely,
Mike and Jing Czajkowski
949-254-4423
3 261
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless yourecognize the sender andknowthe content is safe. Report any suspicjous activitiesto thel Information TechnologyDepartment.;
262
PARTIDA, ANNA \"r'l-)
From:

Sent:

To:

Cc:

Subject:

Mike Czaijowski <[email protected]>
Monday, August 11, 2025 5:06 AM
PC Public Comments

ALFONSO BUITRAGO-JIMENEZ
Re: 2308 Santa Ana Ave., PA-23-14 Planning Commission Public Hearing August 11, 2025
Dear Board Members,
In addition to the points below, I have several more major concerns and objections regarding the proposed development:

1. The property line and limits depicted in the drawings encroach upon my property, as they do not match the surveying map of my property, which I have in my possession. I request that the surveying maps be verified by an independent consultant.

2. The proposed building height exceeds the 27-foot height limit, as the finished grade is being incorrectly referenced, rather than the existing grade elevation.

3. The proposed development does not show a single tree to be planted along the two- story building side that faces our back yard and which is located just 5 feet from our backyard (less than 5 feet at the chimney).

These are serious legal and privacy concerns that should be thoroughly verified and properly addressed before the next heamg.

Thank you again for your attention to this matter.

Mike and Jing Czajkowski
949-244-4423
1 263
Sent from my iPhone
On Aug 10, 2025, at 11:45 PM, Mike Czajjowski <[email protected]> wrote:

Good morning,
I am writing in reference to the proposed two-story development adjacent to our private backyard at 300 23rd St. Below are our main concerns and objections regarding this project:

We were given only a half-day to review these materials on our phones (while out of town), which made it extremely difficult to fully study, understand, and respond to the proposal.

The development reports and drawings have likely been in the works for at least a year. Yet, we as the owners of the affected property were given only one day to review everything. This is unreasonable, and we respectfully demand that the hearing be continued to allow sufficient time for us to consult and respond adequately.

2. Concerns About the Proposed Development
2 264
A) Inconsistent Layout Impacting Privacy
The proposed layout does not follow the established development pattern of the area. The existing two homes at 2308 Santa Ana are located closer to the northern property line, near the side yard of the multi-unit neighbors, leaving our property's backyard private. However, the new homes are planned to be positioned directly adjacent to our backyard, significantly affecting our prtvacy.

We demand that these windows, including the large hallway window, be eliminated. Prior to seeing the drawings, we spoke with Ms. Caitlyn Curley, the planner in charge, who assured us that any windows facing our backyard would be at least 5 feet above the floor and feature obscured glass. However, the drawings show otherwise.

The proposed Great Room has multiple windows and a sliding glass door facing its backyard, with two more large windows overlooking our property This is a blatant disregard for neighborly privacy. The view lines shown in the drawings also misrepresent the layout of our house, further exacerbating the issue.

C) Drainage and Sewer Concerns
The proposed grading and drainage plan does not seem to adequately address the known drainage issues at 2308 Santa Ana. The property has a history of 3 265
flooding and sewer overflow during rainstorms. It is unclear whether the new grades will exacerbate these issues by diverting stormwater onto our property.

D) Protection of Existing Trees
We are also concerned about how the installation of the footing for the proposed block wall and trenches for the sewer lines will affect the existing trees on our property. We are particularly worried that the roots of these trees may be damaged or undermined, potentially leading to their death. We are reminded of a tragic incident several years ago on Irvine Ave. and 1 7th st., where the roots of a tree were compromised during curb installation, leading to the tree's collapse and the tragic death of a driver.

We request that a specific plan is developed insuring special care be taken to avoid damaging or undermining the trees on our property during construction.

E) Lighting and Glare
The drawings do not include any information regarding the proposed lighting design for the subdivision areas. We are concerned about the potential glare from this lighting and how it could affect the privacy and comfort of our home and backyard. We request clarification on this matter.

Conclusion
There are many unanswered questions and unresolved issues regarding this project, particularly concerning safety and privacy. We, the owners of the adjacent property, respectfully request that the hearing be continued so that 4 266
the developer can address these concerns. Additionally, we ask for more time to study the changes and respond appropriately.

Thank you for your attention to these matters.

Sincerely,
Mike and Jing Czajkowski
949-254-4423
CAUTION: This email originated from outside of the organization. Do not click links or open attachment:
unless you recognize the sender and knowtheconten[ is safe. Report any suspicious activjties tg thq Information Technology Department.',
5 267

REGULAR PLANNING COMMISSION
MONDAY, AUGUST 11, 2025 - MINUTES
CALL TO ORDER - The Regular Planning Commission Meeting was called to order by Chair Jeffrey Harlan at 6:00 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG - Commissioner Martinez led the Pledge of Allegiance.

ROLL CALL

Present: Chair Jeffrey Harlan, Vice Chair Jon Zich, Commissioner Angely Andrade, Commissioner Robert Dickson, Commissioner Karen Klepack, Commissioner David Martinez, Commissioner Johnny Rojas

Absent: None
ANNOUNCEMENTS AND PRESENTATIONS: None.

PUBLIC COMMENTS - MATTERS NOT LISTED ON THE AGENDA: None.

PLANNING COMMISSIONER COMMENTS AND SUGGESTIONS:

Commissioner Dickson commented on the recent "Neighborhoods Where We Belong" event held at the Senior Center. He suggested that future events could incorporate more of a town hall format to allow for general audience questions. He noted that community members he spoke with expressed interest in having that type of opportunity.

Commissioner Martinez commented on the "Neighborhoods Where We Belong" rezoning initiative and noted his attendance at the recent meeting at the Norma Herzog Community Center. He expressed appreciation for the event and the participation of council members and commissioners. He encouraged community members to attend upcoming meetings, including the session on August 21 at 6:00 p.m. at City Hall regarding Harbor Boulevard and Newport Boulevard, and the Westside walking tour on August 23 at IO:OO a.m. at the Senior Center. He also highlighted additional community events.

Minutes - Costa Mesa Planning Commission Meeting - August 11, 2025- Page 1 ATTACHMENT 7
268
Vice Chair Zich reiterated his request for staff to include in the regular commission meeting packets a list of all active planning applications with their associated property addresses. He noted that staff had previously committed to providing this information once resources allow. He also reiterated his request for a list of SB-9 projects and their associated addresses, emphasizing his continued interest in receiving both items.

Chair Harlan reported on his attendance atthe recent housing rezoning workshop. He emphasized the importance of providing clearer context to the public regarding the outcomes of the process, including zoning code changes, revisions to the land use map, and amendments to the General Plan and Housing Element. He cautioned against vague questions that could risk disengaging participants and suggested offering more direct information on deliverables. He also recommended exploring additional outreach methods, including informal community settings, to broaden participation.

CONSENT CALENDAR:

1. JULY 28, 2025 UNOFFICIAL MEETING MINUTES
MOVED/SECOND: MARTINEZ/ DICKSON
MOTION: to approve Consent Calendar.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas Nays: None

Absent: None
Recused: None
Motion carried: 7-0
ACTION:

Planning Commission approved consent calendar items. ------------------------------------END OF CONSENT CfkLFNrW PUBLIC HEARINGS:

1. DESIGN REVIEW (PA-23-14) AND TENTATIVE PARCEL MAP 2023-117

RE(IUEST FOR A RESIDENTIAL SMALL LOT SUBDMSION TO CREATE TWO

PARCELS, EACH CONTAINING A NEW TWO-STORY DETACHED SINGLE- FAMILY RESIDENCE AND AN ATTACHED TWO-CAR GARAGE AT 2308 SANTA

ANA AVENUE
Presentation by Assistant Planner Caitlyn Curley.

Minutes - Costa Mesa Planning Commission Meeting - August 11, 2025- Page 2 269
Ali Sedghi stated he read and agreed to the conditions if approval.

Public comments:

Santa Bob expressed support for the project. He stated he had no objections to the proposal, noting only his dislike of the palm trees included in the plan.

Dave Prosek expressed concern about the limited time provided to review project documents. He highlighted privacyimpacts from second-story windows overlooking his property, potential drainage issues affecting neighboring yards, and gaps in landscaping that could worsen privacy and noise concerns.

Blake Garner expressed concerns regarding the project's impact on neighborhood character and quality of life. He noted that the property had been left unattended for years and questioned the applicant's readiness to proceed. He cited concerns aboutincreased traffic, parking, and potential strain on public services, as well as the scale and height of the proposed development compared to surrounding single- level homes. He also raised questions regarding compliance with solar requirements and minimum lot size standards.

Kelly Prosek expressed concerns regarding privacy impacts, the use of palm trees for screening, and potential safety issues from falling debris that could affect children and pets. She noted ongoing maintenance issues, including overgrowth and bamboo from the property damaging her yard and drainage system. Additional concerns included the placement of solar panels and air conditioning units, as well as the limited time provided to review project materials.

Alfonso Jimenez spoke on behalf of property owners Mike and Gene Tchaikovsky who were unable to attend. He stated that the owners submitted written objections to the Planning Commission and expressed concern aboutthelimited time provided to review project materials. He requested a continuance of the hearing to allow additional time for review and consultation. Specific concerns included the project's layout and proximity to the backyard of 323 23rd Street, windows overlooking private yards, and existing issues with stormwater flooding and sewer overFlows.

Motion Discussion:

During discussion, Commissioners expressed overall support for the project but raised broader concerns regarding processing timeframes, public notification, drainage concerns, and privacy impacts. Commissioner Martinez suggested reorganizing conditions of approval for clarity and commented on the unusual number of palm trees required by code, while Vice Chair Zich emphasized the need for adequate public review time and cautioned against approving projects solely because they provide housing. Commissioner Dickson highlighted Condition of Minutes - Costa Mesa Planning Commission Meeting - August 11, 2025- Page 3 270
Approval No. 3 as addressing privacy concerns and supported the project with that safeguard in place. Commissioner Andrade supported the project and encouraged consideration of opportunities for first-time homebuyers. Commissioners further debated the proposed landscaping, with several expressing concerns about palm trees providing little privacy. A friendly amendment was accepted to direct staff to work with the applicant to replace as many palms as feasible with alternative trees, particularly along Parcel Two adjacent to neighboring lots, and to consider additional screening vegetation.

MOVED/SECOND: MARTINEZ/ ZICH
MOTION: To approve staff recommendation with an amendment directing staff to work with the applicant to replace palm trees with more suitable alternatives and add screening vegetation along Parcel Two to address privacy concerns, while noting the importance of clear conditions of approval and improved public review processes.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas Nays: None

Absent: None
Recused: None
Motion carried: 7-0
ACTION:

The Planning Commission adopted a resolution to:

1. Find that the staff presentation is exempt from the provisions of the California Environmental Quality Act (CEOA) pursuant to Section 15315 (Class 15) Minor Divisions of Land, and Section 15303 (Class 3) New Construction or Conversion of Small Structures. In addition, this project is statutorily exempt from the requirements of CEQA pursuant to Public Resources Code section 21080.66; and

2. Approve Parcel Map No. 2023-117 and Design Review PA-23-14 based on findings of fact and subject to conditions of approval, with an amendment directing staff to work with the applicant to replace palm trees with more suitable alternatives and add screening vegetation along Parcel Two to address privacy concerns.

OLD BUSINESS: None.

NEW BUSINESS:

1. STUDYSESSIONREGARDINGPOTENTIALZONINGCODEAMENDMENTS
Presentation by Contract Planning Manager Amber Gregg.

Minutes - Costa Mesa Planning Commission Meeting - August 11, 2025- Page 4 271
The Commission discussed prioritization of proposed zoning code amendments, focusing on which categories would have the greatest impact on staff efficiency, project processing, and community development. Staff noted that use, standards, and definitions categories are the most common sources of ambiguity and clarifying them would save time and streamline reviews. Commissioners emphasized the importance of addressing inconsistencies with state law, correcting ambiguities, and distinguishing between technical amendments and policy-related items. Parking standards, drive-through uses, and floor area ratio were identified as higher priorities, along with coordination with other city bodies such as the Arts Commission and Active Transportation Committee where relevant.

Public Comments:

Mark Vuksevich expressed support for the proposed zoning code updates, particularly the removal of arbitrary parking minimums, citing the example of Neat Coffee on 19th Street, which nearly could not open due to parking requirements.

He emphasized that landowners and business owners should have flexibility in determining their parking needs. He also voiced agreement with Commissioner Martinez on limiting drive-throughs, citing circulation and property tax concerns, and noted additional issues such as setbacks, floor area ratio standards, and the prohibition of hookah lounges.

Motion Discussion:

During discussion on the motion, the Commission agreed to receive and file the report and supported staff's proposal to return with a reorganized list of zoning code amendments that distinguishes between technical updates and policy issues, and prioritizes items needed to address state law compliance and code ambiguities.

Commissioners expressed differing views on whether to tackle easier items first or to focus on more complex, policy-driven amendments, and suggested grouping related items for efficiency. Additional comments touched on topics such as green space, parking standards, drive-through uses, and potential fiscal impacts.

MOVED/SECOND: DICKSON/ ZICH
MOTION: To move staff recommendation.

The motion carried by the following roll call vote:

Ayes: Chair Harlan, Vice Chair Zich, Commissioner Andrade, Commissioner Dickson, Commissioner Klepack, Commissioner Martinez, Commissioner Rojas Nays: None

Absent: None
Recused: None
Motion carried: 7-0
Minutes - Costa Mesa Planning Commission Meeting - August 11, 2025- Page 5 272
ACTION:

The Planning Commission received and filed.

REPORT - PUBLIC WORKS - None
REPORT - DEVELOPMENT SERVICES - Ms. Tai reported that City Council approved the residential development at 3150 Bear Street with modifications,including removal of a pedestrian gate to Olympic Avenue, incorporation of pedestrian safety features in the new signal at Bear Street, and direction to monitor parking impacts in adjacent neighborhoods. The rezoning portion of the project is scheduled for second reading on September 2. Staff also thanked the public for participating in the "Neighborhoods Where We All Belong" workshop and noted that the Fair Housing workshop originally scheduled for August 14 has been rescheduled to October 9 due to a conflict with the fair.

REPORT - ASSISTANT CITY ATTORNEY - None.

ADJOURNMENT AT 8:29 p.m.

Submitted by:

COSTA MESA PLANNING COMMISSION
Minutes - Costa Mesa Planning Commission Meeting - August 11, 2025- Page 6 273
ATT ACHMENT 8
2308 Santa Ana Ave
Costa Mesa, CA
Vicinity Mop:
=l%,/ 'ata' ,4':

S .. 0
'Project Sije
y
Notes:

Selbiicki are to be meaiuted from Ihe IOC1 OI
finiih
The iuhjecl properly i ullimole finiih gtode level miiy not be +llled/ttiiied in exceii of 30 inchei above Ihe liniihed grade of tiny abutting
properly
Tencei. hedgei. and wiilli ihiill nol exceed o
heighl ol3 feel wilhin the iiril I O' oi Ihe lionl properly line iodjacenl to Sonla Ano Avei and
no moie Ihon 6 feel lOT Ihe remainder of Ihe loli Tiril level decki and polioi ihall nol be ttiiied miiie Ihan 6 inchei above iialuiiil giiide
fire ipnn}leri N)PA I 3€ ore required 10T Ihe new unili and will be ii delened iubmillol
Ptoiecl lo comply wilh Ihe 2022 Ca0lomia fire
Code including the reletence ilandardi at
adopted and omended by Coila Meitt Tire and
Reicue Reildenlial fire ipiinkleii iNiPA I3Di ore
required Tor Ihe new unili Iniloll NTPA 13D Tire
Pioleclion Syilemi wilh inle+connecled imoke
delecloiei iniide each home
Comply wllh the iequiiemenli iii the Ciillliimlo
Deporlmenl of Food and Agnculluie iC € FAl to
deleimine if red imported fire onli exm on Ihe
properly pnor lo any toil removal ot excavolion
Coll C D)A (11 171 A i 7C8-191011)T inlormalion
Pnoi to the BuiJng Div lAQMDi iiiuing 0 demo
permit. conlocl Soulh CO011 A:T ualiW
Maniigemenl Diilncl localed al 21865 Copley
Dr Oiiimond BOT. CA 91765-41 78 Tel
909-396-2000 0I ih{if Ihek Web Ille OI
hllp //coilomeiaca gov/modulei/
The
Building Diviiiiin will not iiiue ii demajlion permit unlil an IdenliNcalion no it proyded by AQMD
10 All new ieiidenlial coniliuclion iholl hove ioltit iyilem inilall pniii lii Niial building iiiipeclion Macmum otea ol exletiot wiill openingi iholl be
deleimnied in accordance wilh Ihe applicable
piiiviiioni tit Colilomio Reildenlial Code
R302 l i2i
Submil approved plan from QC Health
Deptitlmenl All new ieiidenliiil coniliuclion iholl hove eleclncol opplitincei ready
Coniliuction ducumenli iholl be pieopoted
under Ihe iupertiiion of o gegiilered Colilomia
Aichilecl or (ngineei Pliin iholl be iltimped and iigned by the re>lered Ciililornio Aichilecl of
Fnglnee+
Project Data:

Scope: Demoliih exitting impiovemenli and coniliuc+ two new 2-iloy SFR'i uiing Ci+y'i Small lot Ordinance Addraii: 2308 Sonio Ana Ave
A PN
Legal'
i i9-332-08
Ttocl 300. lot 1 02
TOIOI lot Area
P+opoied Area.

9.450 i.f.
lot l = 3.862 s T
kol2 = 5.588 i.l
Zoning.
land uie Cat'
R-2, MD Small Lot Subdiviiion
MDR
Minimum open ipace - 35% or 3.307.5 s l
Open ipoce provided
Note: Tliioi areas toi thii ealculaliiin iiiclude live exterior materlali. (Houie and garage ioolpiinli, coveted pa+ioi and potchei ond vehiculot diivewayi)
lot l Fitil Floor
lot l Garage
Lol2 Fiiil Floor
Lol2 Gaiiige
Drivevtoyi
iojal
i.118
434
i ,4442
430

1.693

5. 1 1 7 if.
9,450 - 5, l l 7 - 4,333 I 9,450 = 45 8% open ipiice Se+biicki
Front
Side
Rear
Second Story Area limit:

Note: Fliior areas liir this ciilculalion include the exjeiioi maleriali.

Plan l
Fiti+ floor & Giiriige= 1.552 s T
Second floor- 1528 x.l / 1.552 a 98.5%
Plon 2
}iii+llooi&Gattige= 1.872if
Second floor = 1.618 i.i / 1.872 = 86 4%
Building Codes:

Project to comply with ihe requltemen+i oT the adopted. 2022 Colilomks Reiidenffal Code or the Coliiomio Building Code. Cal+fomio Electrical Code. CaliTomio Mechaiiical Code. Ciilifomia Plumbing Code.

CaliTomia Green Building Code. C61iTotnia Energy code ior moil recent iipplicoble iidopled) and all cuneni City of Coila Meio regula+iont Owner
Eai+iide Coiliil. LLC
1024 Bayiide Drive. Sulle 340
Newporl Beiich. CA 92660
(949)636-2666
Contact: Ali Sedghi
Architect:

Mark Gioii & Aiiociolei Inc
888 l Reiearch Dtive
Irvine. CA 92618
i9 49i 387-3800
Contact: Doug McBelh
Landscape Architect:
landicope Dynomici
(951i264-8195
Conloci Gteg Zoll
Civil Engineer:

Coaii Engineeilng Deiigns. Inc
1500 Adiimi Ave. iui+e 303
Coila Meiti. CA 92626
i714i593-0337
Conliic+. Faihad Rezai
Sheet Index:

Cl
C2
C3
C-4
TPM
1-l
Cover Sheet
Site %ii
Plan l FIOOT Plan
Plan l Elevii+ioni
Pliin 2 Floor Plan
Plan 2 Eleva+ioni
Plan 1 & 2 R00{ Ploni
Grading General Nonet aiid Deliiili
Topo and Demolition Plan
Pteciie Gtadlng Plan
Etoiion Coniiol and lllilily Pliin
Tentative PM
Street Impiovemeiil Pliin
kondicape Cover Sheet
Tence aiid W011 Conceptual Plan
Irrigation Pliin
Hydiozone Plan
Irrigation Deloili
Inigolion Delaili
Planliiig Plan
Planting Delaili
o
o
o
0 Cover Sheet
July-5 2023
P m kkasb+
114' - T-Oa
274
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I Nloklkr It_ll}-llultt
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GRAPHIC SCALE
flOO' N 4iT38'2ia E
Lot
Site Plan 2
Project Data:

Scope [)emoliih exitting improvemenii and coniliucl mo riew 2-i+ory STR'i uiing Cijy'i Smiill lot Ordinance Addteii. 2308 Son+a Anii Ave
APN 119-332-08

9.450 { T
lot 1 = 3.862 s k
lot 2 = 5.588 ! T
Zoning R-2. MD Small Lot Subdiviiion
Minimum open ipace - 35% or 3.307 5 i.f
Open ipiice provided
Niile: Floor areas 15T this ealculaliiin include the exieriar matenali. iHouie iind garage Too+pnnli. covered palioi and poichei and vehiculii+ dtivewiiyil
lot T Fitii Floor 1. 1 18
lot T Gttage 434
lot 2 Firii Floor 1.4442
lot 2 Garage 430
Diivewtm 1.693
toiiil 5. l 17 s T

9.450 - 5. 11 7 a 4.333 / 9.<50 = <5.8% open ipace Setbacki
Front
Side
Rear
Second Story Area limit.

Note: Tlaiii aieas liir this calculation include the exleniir matenals.

Plan t
Fkii floor & Gtirage= 1 552 i k
Second floor= 1528 if. /L552 = 98 5%
Plan 2
FITII floor & Goiage= 1872 ! l
Second floot a 1.61 a tf. I l.a72 a 86 4%
0 o
o
CO
0 C')
Site Plan
luiis 12, 2023
P m N0#ha4
A-1 275
Master Bath
Loft/Op+.

Bedroom 5
Bath 2
Second Floor Plan
2 nginii window
zn' min dnar openlnq Min ){' hlqN
5 )' min t I mu 02!N uin
I
t
-l- ,
rear Room
Entry
2-Car
Porch
7 j
Bath 4
Firil Floor l. sq. ff
Second FIOOT L51 Tl
2-Cot Garage 430 fl.
ff.
30-
o
o
0 Plan 1
Floor Plan
July 5 2023
276
m
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[71iiii
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Eastside Coastal, LLC
2308 Santa Ana Ave, COS+(] Mesa, CA
Mark Gross & Associates. Inc
277
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2308 Sonta Ana Ave, Costo Meso, CA
Mark Gross & Associates Inc
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Porch
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1.430 iqfl
160liq.fl

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DEMOLITION NOTES:
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iai .i" 0 I aa+ r II n IIT':= 7 ?,.,.
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COAST ENGINEERING DESIGNS. INC.
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OWNER INFORMATION:
t'% 2308 SANTA ANA AXaE
COST A MESA, CA 92627
C-2
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NIe5WINn(n i I
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TOPO & DEMOLITION PLAN, LEGEND, AND
DET AILSzs
284
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PRFPARED BYi
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2308 SANT A AN A AX'E
COST A MESA. CA 92627
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-518 Meeting Date: 10/7/2025
TITLE:

CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM FOR COMMUNITY BASED TRANSIT - AMENDMENT ONE
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: BRETT ATENCIO THOMAS, ACTIVE TRANSPORTATION COORDINATOR, (714) 754-5275
RECOMMENDATION:

Staff recommends the City Council:

2. Authorize an increase of appropriation of the Clean Mobility - On Demand Transit Services from $500,000 to $650,000 for Fiscal Year 2025-26.

3. Authorize the Interim City Manager and the City Clerk to execute the agreement and future amendments to the agreement.

BACKGROUND:

The CMO Voucher Pilot Program is a statewide initiative that provides voucher-based funding for zero-emission car sharing, carpooling/vanpooling, innovative transit services, and on-demand ride share services in California’s historically underserved communities. The CMO program goals are:
· Increase clean mobility options for low-income and disadvantaged communities. · Provide community driven mobility solutions throughout the State. · Improve access to clean mobility options that are safe, reliable, convenient, and affordable. · Reduce greenhouse gas emissions and criteria pollutants.

City staff submitted a grant application in August 2023 in cooperation with Circuit Transit Inc. for CMO funds to create and implement an on-demand community shuttle pilot program. On October 9, 2023, the CMO program administrator notified the City of their intent to award CMO funds in the amount of $1,500,000 for a three-year grant period ($500,000 per year for three years). On January 16, 2024, City Council adopted Resolution No. 2024-01 to approve participation in the CMO program and accept funding. On June 6, 2024, City Council awarded a CSA to Circuit Transit, Inc. to operate the

Page 1 of 4 ends

Costa Mesa City CouncilOctober 7, 2025

Costa Mesa City Council
October 7, 2025