HomeMy WebLinkAbout01 - - Additional Documents - 9/20/2016TRAYLOR, MARIAN
Subject: FW: coyotes on my street
ADDITIONAL DOCUMENTS — GENERAL PUBLIC COMMENTS
From: Vivian Rumble(mailto:starbucksviv@hotmail.com]
Sent: Monday, September 19, 2016 3:44 PM
To: GREEN, BRENDA <brenda.ereen@costamesaca.aov>
Subject: coyotes on my street
My name is Vivian Rumble and I live in Back Bay Gardens(Newport Riviera). I have lost 2 cats to coyotes and
have personally chased them from my street and cross street in the afternoon hours. I have passed them on
Santa Ana and Orange as well as Del Mar and Monte Vista in the late morning and afternoon
hours. Something needs to be done. My 3 yr old granddaughter was riding her tricycle and thought they were
dogs I was chasing away both times. I hope to see you at the meeting tomorrow night. If I don't make it in
time to speak I do want my letters in evidence
PUBLIC COMMENTS NOT ON THE AGENDA
MATTHEW FREEMAN
September 20, 2016
Costa Mesa City Council
77 Fair Dr.
Costa Mesa, CA 92626
Re: 3004 / 3006 Jeffrey Dr 1 Parking Access
Dear Sir/Madam,
My mother owns the apartment building located at 3004 Jeffrey Drive in Costa Mesa
California. She purchased the building in December 2015 and I have been living there since
early January. When we purchased the building the owner was in bankruptcy and we had no
access to speak with the tenants, or to inspect the property prior to escrow closing. Since I
have moved in, I have been dealing with parking issues caused by the tenants of the adjacent
building located at 3006 Jeffrey Drive, who we share a driveway with.
I have spoken with an attorney, the police, fire department and private tow truck
companies. I'm told there's nothing they or I can do, because the cars are all parked on private
property.
I am waiting to hear back from Fidel Gamboa and David Saito from Costa Mesa Code
Enforcement about the two businesses the owner and his tenant are operating out of their
garages. After more than a month they have not been able to do anything, because the
garages have not been open when they came by to inspect, and they are not allowed to use
the pictures I've sent them. Fidel said "you should go to a City Council Meeting."
Roger Conte who owns the adjacent building sent me a text saying "I have left messages
with tenants to be courteous and cooperative with you. Not much else I can do."
The photos and captions I have attached should speak for themselves.
We look forward to discussing this with you further.
3004 JEFFREY DR, COSTA .SSA, CA 92626
(323) 309-6344 . matfi,eanan[).aol.cont
THIS IS HOW THE DRIVEWAY SHOULD LOOK
You need to crossover from the opposite side of the driveway to enter garage.
THURSDAY IS STREET CLEANING DAY
Both sides of the street are cleaned on Thursday between 9 and 11am. They usually park here the night
before, so they don't need to move their cars in the morning. Our tenants have had to wait as much as 10
minutes for the cars to be moved making them late for work.
T CIA
OWNER'S HANDYMAN COMPANY fl, HANDYMAN
OPERATED OUT OF GARAGE " °°.U, SeL" ""`B°'.` `�..°°
He lives is Newport Beach says there in
nothing he can do about parking problems.
NL.WPORT COAST f " �AhVYMAN
�. 949••4!1-t y84 c.in 3 ra921-'f366
Roger Conte
Newport Coast Handyman
11 Firenze Ct, Newport Beach, CA 92657
(949)391-6246 - www.newportcoasthandyman.com
Contractor's License - None
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THESE GUESTS COULDN'T FIND A SPOT ON THE STREET
Street parking is often difficult because so many of the residents on our street use their
garages for storage. These visitors were encouraged to park in the driveway.
ADDITIONAL DOCUMENTS CC -2
WARRANT INFORMATION (9/20/16)
Payment
Date
Remittance to:
Remittance
Payment
Explanation of payment
Ref.
ID:
Amount
0198916
08/26/16
Civil Source - Harbor
0000017030
$11,322.20
What area are we widening? This
Widening Proj - Nov. 15
compensates Civilsource for construction
management and inspection services during
the month of November 2015 for the
widening of Harbor Boulevard from South
Coast Drive to Sunflower Avenue.
The project consisted of adding a fourth
northbound travel lane and Signa
modifications. The work is now complete
and open for public use.
0199209
09/09/16
Barcodes LLC -
0000024748
$1,326.59
What is this for? These electronic signature
Sales Tax 8%
pads will be used in property to check ou
Transaction Terminal
equipment and will increase accountability.
TRAYLOR, MARIAN
Subject: FW: 9.20.16 Council Agenda - PA -16-48 Appeal, 3184-A Airway
ADDITIONAL DOCUMENTS FOR PH -2
From: Michael Kehoe [mailto:mkehoe@ptwww.com]
Sent: Tuesday, September 20, 2016 3:44 PM
To: GREEN, BRENDA <brenda.green@costamesaca.goy>
Cc: LEE, MEL <MEL.LEE(@costamesaca.gov>; TOM DUARTE <tpd@iones-mayer.com>; Michael H. Leifer
<mleifer@ptwww.com>; Erin Balsara Naderi <ENaderi@ptwww.com>
Subject: 9.20.16 Council Agenda - PA -16-48 Appeal, 3184-A Airway
Dear City Clerk:
In light of the applicant's withdrawal of the CUP request per the email you forwarded below, I am requesting on
behalf of our client, appellant Koll-Irvine Community Association, that the appeal hearing set for 7 p.m.
tonight, PA -16-48, be continued to November 151
Please confirm.
Thank you.
Mike
Michael I. Kehoe I Partner
Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
1900 Main Street, Suite 700 1 Irvine, CA 92614
Direct Dial (949) 851-7279 1 Fax (949) 825-5453
mkehoe@ptwww.com I Biography I vCard I ptwww.com
�'>&- - W610 M-
A
A T T O R N€ Y S A T L A W
From: GREEN, BRENDA[maiIto: brenda.green (acostamesaca.00v]
Sent: Tuesday, September 20, 2016 3:08 PM
To: Michael H. Leifer
Subject: FW: 9.20.16 Council Agenda - PA -16-48 Appeal, 3184-A Airway
Hello Mr. Leifer,
Please see correspondence below and please respond as soon as possible.
Brenda Green
City Clerk
City of Costa Mesa
714/754-5221
1
From: Christensen, Matt[mailto:Matt.Christensen@am.11l.com]
Sent: Tuesday, September 20, 2016 2:31 PM
To: LEE, MEL <MEL.LEE @costamesaca.gov>; ARMSTRONG, GARY
<GARY.ARMSTRONG@costamesaca.goy>; GREEN, BRENDA <brenda.green@costamesaca.goy>
Cc: debora@artsandlearning.org
Subject: 9.20.16 Council Agenda - PA -16-48 Appeal, 3184-A Airway
City of Costa Mesa,
I am writing to inform the City of Costa Mesa that Arts and Learning Conservatory is no longer pursuing
the Conditional Use Permit PA -16-48. Unfortunately, due to the many months of delay and uncertainty
brought on by the City, Arts & Learning cannot continue to purchase what would have been an ideal
facility to serve the children of Orange County. Let it be known that this application was filed five months
ago today and over that time both buyer and seller have incurred financial loss due to these delays.
As a representative of Arts and Learning Academy for this application, and speaking solely on my own
behalf, I would ask the City of Costa Mesa why a Minor Conditional Use Permit which should have been
approved at the Zoning Administration level was immediately elevated to a full Conditional Use Permit
and submitted to Planning Commission? This fact is in direct conflict with the Costa Mesa Land Use
Metrix provided to your citizens and in direct conflict with the information the City provided prior to
submittal.
Regretfully,
Mat Christensen
Matt Christensen
JLL
tel +1 949 885 2989
mobile +1 310 922 4555
matt.christensenCo)am.ill.com
Le #: 01840863
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moiV L
CITY C L E -RK
16 SEP 15 pM Q
City of Costa Mesa
City Clerk Brenda Green
77 Fair Drive
Costa Mesa, CA 92626
Subject: Arts and Learning Conservatory
3184 Airway Avenue, Suite A
Costa Mesa
Dear Costa Mesa City Council:
ADDITIONAL DOCUMENTS FOR PH -2
24 Beachcomber Dr.
Corona del Mar, CA 92625
September 13, 2016
As owners of the building at 3185-C Airway we are aware of the current parking limitations in
the Koll-Irvine Community Association.
The Koll-Irvine Community Association does not have adequate parking to accommodate the
needs of the above conservatory. Their goal of a summer day camp from 8:00 to 3:00 Monday
through Friday would impact the businesses established there. Parking is already impacted on
weekdays and the use of 101 additional parking spaces is not feasible.
We recommend the City Council reject this appeal.
Sincerely,
�J
Dale C. Karjala
Stella S. Kar'Jala
Cc: Board of Directors
Koll-Irvine Community Assn.
ADDITIONAL DOCUMENTS - PH -3
September 19, 2016 C • M M I S S 1 •
www.kennedycommission. org
17701 Cowan Ave., Suite 200
Irvine, CA 92614
949 250 0909
Mayor Stephen Mensinger and City Council Members Fax 949 263 0647
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: Fairview Developmental Center - Amend Zoning Code to Include Additional Units
Set -Aside for Lower Income Working Households
Dear Mayor Mensinger and City Council Members:
The Kennedy Commission (the Commission) is a broad based coalition of residents and
community organizations that advocates for the production of homes affordable for families
earning less than $20,000 annually in Orange County. Formed in 2001, the Commission has been
successful in partnering and working with jurisdictions in Orange County to create effective
policies that has led to the new construction of homes affordable to lower income working
families.
The Fairview Developmental Center site is a state-owned property and presents the greatest
potential and opportunity for the development of homes affordable to the developmentally
disabled. As the City moves forward to amend the Zoning Code to include and rezone the site to
Institutional and Recreational- Multi -Use, the Commission recommends the City ensure the site
will maximize the development potential of affordable homes for the developmentally disabled
and for lower income working families. Specifically, on top of the required 20% multi -family
units set-aside for the developmentally disabled, the City should set-aside additional multi-
family units and prioritize the development of three-bedroom units that would be
affordable to large working families at extremely low- and very low-income.
In the City, there is a great need to prioritize and facilitate the development of housing affordable
to large lower income households. Of the total large renter -households in the City, 87% are
comprised of lower income families.' In particular, extremely low-income large renter -
households are greatly impacted by housing cost burden or overpaying. Approximately 93% of
these households experienced severe cost burden.2 In addition, while there were 3,521 identified
large renter -households in 2010, there were only 710 rental units with four or more bedrooms in
the City.3 In comparison, over 5,900 large owner units were potentially available to 1,807 large
owner -households.' Because many large lower income renter -households are not able to afford
large ownership/market-rate units, many of the large lower income renter -households resort to
doubling or tripling up, which results in overcrowded living conditions.
t 2013-2021 Housing Element for the Costa Mesa General Plan, p. 25, January 21, 2014.
2 2013-2021 Housing Element for the Costa Mesa General Plan, p. 25, January 21, 2014.
3 2013-2021 Housing Element for the Costa Mesa General Plan, p. 24, January 21, 2014.
a 2013-2021 Housing Element for the Costa Mesa General Plan, p. 24, January 21, 2014.
We look forward to City's responses to our recommendations and if you have any questions,
please feel free to contact me at (949) 250-0909 or cesarc@kennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director
cc: Kathy Esfahani, Costa Mesa Affordable Housing Coalition
Robert Sterling, Department of Developmental Services
ADDITIONAL DOCUMENTS FOR PH -3
Costa Mesa Affordable Housing Coalition
September 20, 2016
Mayor Stephen Mensinger and City Council Members
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: Fairview Developmental Center - Amend Zoning Code to Include Additional Units
Set -Aside for Lower Income Working Households
Dear Mayor Mensinger and City Council Members:
The Costa Mesa Affordable Housing Coalition is submitting this letter in support of the Kennedy
Commission's letter and recommendations dated September 19, 2016 in regards to the Fairview
Developmental Center. The Coalition urges the City Council to ensure the Fairview
Developmental Center site will maximize the development potential of affordable homes for the
developmentally disabled and for lower income working families. Specifically, on top of the
required 20% multi -family units set-aside for the developmentally disabled, the City
should set-aside additional multi -family units and prioritize the development of three-
bedroom units that would be affordable to large working families at extremely low- and
very low-income.
Sincerely,
/cat!g t5fda4afr/
Kathy Esfahani
For The Costa Mesa Affordable Housing Coalition
TRAYLOR, MARIAN
Subject: FW: Response to City Council 9-20-16 Meeting Agenda item PH -3
Attachments: GOV_14670.36. (3).pdf, Response to 9-20-16 Agenda.pdf
ADDITIONAL DOCUMENTS FOR PH -3
-----Original Message -----
From: McLaughlin, Gerald@DGS [mailto: Gerald. McLaughlin@dgs.ca.gov]
Sent: Tuesday, September 20, 2016 2:59 PM
To: GREEN, BRENDA <brenda.green@costamesaca.gov>
Cc: Sterling, Robert@DDS<Robert.Sterling@FDC.dds.ca.gov>; Maddy, Marie@DDS
<Marie.Maddy@DDS.ca.gov>; McKinnon, Robert@DGS <Robert.McKinnon@dgs.ca.gov>
Subject: Response to City Council 9-20-16 Meeting Agenda item PH -3
Mayor Stephen Mensinger and City Council Members,
Attached are the state's comments to agenda item: PH -3 on tonight's City Council Meeting Agenda.
Please contact me if you have any questions.
Thank you.
Gerald G. McLaughlin
Asset Enhancement Section
Asset Management Branch
State of California > Department of General Services
707 3rd Street, 5th Floor
W. Sacramento CA 95605
Phone: (916) 375-4009 Fax: (916) 376-1833
Email: gerald.mclaughlin@dgs.ca.gov
State of California
GOVERNMENT CODE
Section 14670.36
14670.36. (a) Notwithstanding any other law, the Director of General Services, with
the consent of the Director of Developmental Services, may, in the best interests of
the state, let to any person or entity real property not exceeding 20 acres located within
the grounds of the Fairview Developmental Center for a period not to exceed 55 years,
at a price that will permit the development of affordable housing for people with
developmental disabilities.
(b) Notwithstanding any other law, the lease authorized by this section may be
assignable subject to approval by the Director of General Services, with the consent
of the Director of Developmental Services. The lease shall do all of the following:
(1) Provide housing for individuals who qualify based upon criteria established
by the Department of Developmental Services. A minimum of 20 percent of the
housing units developed shall be available and affordable to individuals with
developmental disabilities served by a regional center pursuant to the Lanterman
Developmental Disabilities Services Act (Chapter 1 (commencing with Section 4500)
of Division 4.5 of the Welfare and Institutions Code). When filling vacancies, priority
for housing shall be given to individuals transitioning from a developmental center
or at risk for admission to a developmental center.
(2) Allow for lease revenues or other proceeds received by the state under the
leases for projects authorized by this section and Section 14670.35, to be utilized by
the Department of Developmental Services to support individuals with developmental
disabilities, including subsidizing rents for those individuals.
(3) Include provisions authorizing the Department of Developmental Services, or
its designee, to provide management oversight and administration over the housing
for individuals with developmental disabilities and the general operations of the project
sufficient to assure the purposes of the lease are being carried out and to protect the
financial interests of the state.
—(c)-The-Department_of-Developmental-Services may-share-in-proceeds,_ifany,
generated from the overall operation of the project developed pursuant to this section.
All proceeds received from the project authorized by this section and the project
authorized by Section 14670.35, in accordance with the terms of the lease, shall be
deposited in the Department of Developmental Services Trust Fund, which is hereby
created in the State Treasury. Moneys in the Department of Developmental Services
Trust Fund shall be used, upon appropriation by the Legislature, for the purpose of
providing housing and transitional services for people with developmental disabilities.
Any funds not needed to support individuals with developmental disabilities shall be
transferred to the General Fund upon the order of the Director of Finance.
(ilkcrnrr
orculroRMn
Ir �;
AUTHENTICATED
l t
ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 14670.36
14670.36. (a) Notwithstanding any other law, the Director of General Services, with
the consent of the Director of Developmental Services, may, in the best interests of
the state, let to any person or entity real property not exceeding 20 acres located within
the grounds of the Fairview Developmental Center for a period not to exceed 55 years,
at a price that will permit the development of affordable housing for people with
developmental disabilities.
(b) Notwithstanding any other law, the lease authorized by this section may be
assignable subject to approval by the Director of General Services, with the consent
of the Director of Developmental Services. The lease shall do all of the following:
(1) Provide housing for individuals who qualify based upon criteria established
by the Department of Developmental Services. A minimum of 20 percent of the
housing units developed shall be available and affordable to individuals with
developmental disabilities served by a regional center pursuant to the Lanterman
Developmental Disabilities Services Act (Chapter 1 (commencing with Section 4500)
of Division 4.5 of the Welfare and Institutions Code). When filling vacancies, priority
for housing shall be given to individuals transitioning from a developmental center
or at risk for admission to a developmental center.
(2) Allow for lease revenues or other proceeds received by the state under the
leases for projects authorized by this section and Section 14670.35, to be utilized by
the Department of Developmental Services to support individuals with developmental
disabilities, including subsidizing rents for those individuals.
(3) Include provisions authorizing the Department of Developmental Services, or
its designee, to provide management oversight and administration over the housing
for individuals with developmental disabilities and the general operations of the project
sufficient to assure the purposes of the lease are being carried out and to protect the
financial interests of the state.
—(c)-The-Department_of-Developmental-Services may-share-in-proceeds,_ifany,
generated from the overall operation of the project developed pursuant to this section.
All proceeds received from the project authorized by this section and the project
authorized by Section 14670.35, in accordance with the terms of the lease, shall be
deposited in the Department of Developmental Services Trust Fund, which is hereby
created in the State Treasury. Moneys in the Department of Developmental Services
Trust Fund shall be used, upon appropriation by the Legislature, for the purpose of
providing housing and transitional services for people with developmental disabilities.
Any funds not needed to support individuals with developmental disabilities shall be
transferred to the General Fund upon the order of the Director of Finance.
(d) The Director of General Services, with the consent of the Director of
Developmental Services, may enter into a lease pursuant to this section at less than
market value, provided that the cost of administering the lease is recovered.
(e) The project and lease, including off-site improvements directly related to the
housing project authorized by this section, shall not be deemed a "public works
contract" as defined by Section 1101 of the Public Contract Code. However,
construction projects contemplated by the lease authorized by this section shall be
considered "public works," as defined by paragraph (1) of subdivision (a) of Section
1720 of the Labor Code, for the purpose of prevailing wage requirements.
(Added by Stats. 2015, Ch. 23, Sec. 1. (SB 82) Effective June 24, 2015.)
DasCALMORNIA DEPARTMENT OF
GENERAL SERVICES Governor Edmund G. Brown Jr.
September 20, 2016
VIA EMAIL: Brenda.Green(a)costamesaca.aov
Mayor Stephen Mensinger and City Council Members
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: AN ORDINANCE TO ADOPT CODE AMENDMENT CO -16-03 — AMENDMENT
TO TITLE 13, CHAPTER II (ZONING DISTRICTS ESTABLISHED); CHAPTER
III (PLANNING APPLICATIONS), CHAPTER IV (CITYWIDE LAND USE
MATRIX); CHAPTER V, ARTICLE 7 (DEVELOPMENT STANDARDS FOR
INSTITUTIONAL AND RECREATIONAL AND INSTITUTIONAL AND
RECREATIONAL SCHOOL DISTRICTS) TO INCLUDE THE INSTITUTIONAL
AND RECREATIONAL - MULTI -USE DISTRICT ADOPTED UNDER THE 2015-
2035 COSTA MESA GENERAL PLAN; AND TO REZONE 2501 HARBOR
BOULEVARD TO INSTITUTIONAL AND RECREATIONAL - MULTI -USE.
Dear Mayor Mensinger and City Council Members:
The Department of General Services is submitting this letter specific to the Shannon's
Mountain project at Fairview Developmental Center ("FDC").
The state has been informed that the city is considering whether to amend the zoning
code related to a portion of the Fairview Developmental Center and to rezone the same
to Institutional & Recreational - Multi -Use for consistency with the recently adopted
2015-2035 Costa Mesa General Plan.
As a point of clarification, the legislature has only authorized DGS/DDS to enter a long-
term ground lease of up to 20 acres for the development of a project that includes a
20% set-aside available and affordable to individuals with developmental disabilities as
specified in Senate Bill 82 signed in June 2015 (adding Government Code § 14670.36;
see attachment; "Shannon's Mountain"). Additionally, until the state has determined that
it no longer needs the property for state purposes and the legislature has declared the
balance of the property surplus, neither the state nor the developer will be able to
master plan the site beyond the Shannon's Mountain project. Requiring a master plan
for the FDC as a condition to the Shannon's Mountain project would be inconsistent with
Government Code § 11011 and Government Code § 14670.36. The state respectfully
requests that this be taken into consideration as it considers taking action on the
proposed amendment to the zoning code and rezone of the FDC.
Real Estate Services Division/Asset Management Branch I State of California ( Government Operations Agency
707 3rd Street, 51h Floor I West Sacramento, CA 95605 1 t 916,376.1800 f 916.376.6219
Mayor Mensinger
and City Council Members -2- September 20, 2018
Thank you in advance for your consideration. If you need additional information, please
call me at (916) 375-4009.
GERALD MCLAUGHLIN
Asset Enhancement Section
Asset Management Branch
cc: Attachment
Daniel Inloes, Principal Planner, Development Services Department,
City of Costa Mesa
Brenda Green, City Clerk, City of Costa Mesa
Marie W. Maddy, Chief, Facilities Planning and Support Section,
Department of Development Services
Robert Sterling, Associate Construction Analyst, Facilities Planning and Support
Section, Department of Developmental Services
ExcePeoce to the Business o Gcve,nment
ADDITIONAL DOCUMENTS - PH -4
September 19, 2016C • M M I S S 1 • N mf
www.kennedycommission.org
17701 Cowan Ave., Suite 200
Irvine, CA 92614
949 250 0909
Mayor Stephen Mensinger and City Council Members Fax 949 263 0647
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: Amending Zoning Code to Include Affordable Homes for Lower Income Families in
Harbor Mixed -Use Overlay District and Residential Incentive Overlay District
Dear Mayor Mensinger and City Council Members:
The Kennedy Commission (the Commission) is a broad based coalition of residents and
community organizations that advocates for the production of homes affordable for families
earning less than $20,000 annually in Orange County. Formed in 2001, the Commission has been
successful in partnering and working with jurisdictions in Orange County to create effective
policies that has led to the new construction of homes affordable to lower income working
families.
As the City moves forward in preparing to amend the City's Zoning Code, the Commission urges
the City to consider the following:
1. Amend the City's Zoning Code to include the Harbor Mixed -Use Overlay, which
allows a maximum residential density of 20 du/ac, ONLY IF new residential
developments proposed in the overlay set-aside at least 20 percent of homes as
affordable to lower income working households.
2. Amend the City's Zoning Code to include the Residential Incentive Overlay District,
which allows new high density residential uses of up to 40 du/ac along Harbor
Boulevard and Newport Boulevard, ONLY IF new residential developments
proposed in the overlay set-aside 20 percent of homes as affordable to lower income
working households. In addition, motels located in the overlay should not be included
unless any future/new residential developments that are proposed on these sites dedicate
at least 20 percent of the homes to lower income working households. In addition, by
increasing the existing base density of 20 du/ac to 40 du/ac, the City is effectively
allowing by -right proposed developments at 40 du/ac and circumventing the use of a
density bonus (SB 1818) for proposed projects. The implementation of the density bonus
law would have facilitated the development of new affordable homes for lower income
households in the City.
The City has acknowledged and anticipates the implementation of the proposed land uses
will be utilized to reduce specific uses such as motels citywide.1 The implementation of
the Residential Incentive Overlay District will result in the displacement of substantial
numbers of existing households living in motels, which necessitates the construction of
' Notice of Preparation City of Costa Mesa General Plan Amendment Program EIR, City of Costa Mesa, p. 4, November 16, 2015.
Mayor Mensinger and City Council Members
September 19, 2016
Page 2 of 5
replacement housing elsewhere in the City. While the proposed land use changes do not
authorize a specific construction project, the implementation of the Residential Incentive
Overlay will provide significant development incentives and benefits that encourages and
facilitates future residential developments to occur. These future residential
developments can potentially result in significant and direct impacts.
3. Amend the City's Zoning Code to include the Residential Incentive Overlay District,
ONLY IF proposed residential developments in Overlay evaluates significant
impacts on motel tenants and requires the preparation of a Relocation Plan to
ensure lower income households living in motels will not be displaced or be at -risk
of homelessness. Because future developers significantly benefits from the incentives
provided by the Overlay, relocation assistance and replacement housing should be
required for displaced tenants at proposed developments.
Contrary to what the Final Environmental Impact Report (FEIR) states', the likelihood of
removing motels that are currently being used as long term housing in the City is not
speculative. The potential for a substantial number of tenants being displaced is not
speculative because these events are currently happening in the City and a primary
example is the Costa Mesa Motor hm (CMMI). In November 2015, the proposed plan
and request for development incentives to convert the CMMI to a multi -family residential
development was approved by the City. As a result, there were many lower income
long-term tenants at the CMMI who were displaced. Because of the lack of
affordable homes in the City, many households either moved to neighboring motels or
moved outside of the City. There were also some households who ended up living in
their cars because they had nowhere else to go.
Generally, motels provide last resort affordable housing for many lower income
households and proposed market -rate residential developments will displace many at -risk
families and lead them to homelessness. According to the FEIR, the report states:
.. because any specific property redevelopment would occur in the future, the
specific number of persons using that particular motel for long-term occupancy
is not known at this time. The type of residential development that would
replace existing commercial uses, including motels, is also unknown, but could
include new commercial uses, including hotel or motel uses, or new residential
development that includes affordable housing which, based on the densities,
could accommodate and encourage development of housing for low-income
persons."3
' Final Environmental Impact Report for the 2015-2035 General Plan, p. 4.13-10, June 26, 2016.
3 Final Environmental Impact Report for the 2015-2035 General Plan, p. 4.13-9, June 26, 2016.
Mayor Mensinger and City Council Members
September 19, 2016
Page 3 of 5
Redevelopment of specific projects will certainly happen in the future but the City
already has one specific example of a proposed development- the CMMI. The CMMI has
been encouraged by the City through the approvals of development incentives (i.e.,
change in land -use and increase in density) that are allowed under the Residential
Incentive Overlay. The CMMI has benefitted from these specific incentives to move
forward with their proposed plans to demolish the motel and developing a new market -
rate apartment complex.
The type of residential development replacing the CMMI will be a new 224 unit market -
rate apartment complex at a site specific density of 54 du/ac, which notably is
significantly higher than the Overlay's density of 40 du/ac. While the specific number of
long-term occupants are not known at this time for future developments, the City
identified 49 rooms that was occupied by 66 long-term residents 4 Because the proposed
development includes zero units affordable to the lower income tenants who were living
at the CMMI, a majority of these existing tenants were displaced, including the 49
households who were identified and grandfathered as long-term tenants.
The FEIR identifies that the proposed amended Land Use Plan could increase residential
development in the Focus Areas by 4,040 units.5 Of that total, 3,062 units have allowable
densities of 40 du/ac which can accommodate the development of affordable housing.6 In
addition, in the response to comments, the City states:
"Even if a property owner chooses to develop residential uses, it is not
a given that all new high density residential development will be
market rate or above market rate. Zoning that allows high density
residential development, as well as many other state reforms and
incentives and local incentives, facilitate and expedite the development
of affordable housing."'
However, the same could also be said about affordable housing. If a property owner
chooses to develop residential uses, it is not a given that the new high density residential
development will be affordable. Default densities of 30 du/ac and greater do not
necessarily produce homes that are affordable to lower income working households. This
is quite evident considering the City has approved through upzoning over 2,000 new
residential units that are market -rate. Unfortunately, not one of those developments,
including the CMMI, proposed setting aside units that would be affordable to lower
income working families.
City Council Agenda Report: General Plan amendment GP -14-04/ Rezone R-14-04/ Zoning Cade Amendment CO -14-02/ And Master Plan
PA -14-27 For Costa Mesa Apartments at 2277 Harbor Boulevard, City of Costa Mesa, p. 5, November 3, 2015.
s Final Environmental Impact Report for the 2015-2035 General Plan, p. 4.13-6, June 26, 2016.
6 Final Environmental Impact Report for the 2015-2035 General Plan, p. 4.13-6, June 26, 2016.
' Final Environmental Impact Report for the 2015-2035 General Plan, p. 10.0-5, June 26, 2016.
Mayor Mensinger and City Council Members
September 19, 2016
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4. Amend the City's Zoning Code to include the Residential Incentive Overlay District,
ONLY IF the City ensures the implementation of the Overlay does not circumvent
the State Density Bonus Law and the development of homes affordable to lower
income households.
Incentives such as the State Density Bonus Law is an effective tool for the City to build
affordable housing but the City has consistently allowed new residential development
proposals to circumvent the law by spot zoning and increasing density that is currently
allowable. As a result, the City has not been effective in producing affordable homes
through the Density Bonus Law. Zoning that allows high density can result in the
development of affordable homes, however, it has not happened in the City of Costa
Mesa. Without effective programs and policies that facilitates and encourages the
development of affordable housing for lower income families, it will probably not
happen.
The proposed development at the CMMI is a cautionary example of a proposed
development utilizing and benefiting from the Residential Overlay and not producing
affordable homes for lower income households. The proposed CMMI development
benefitted greatly from the Residential Overlay and development incentives (i.e., change
in land use and increase in density) that the developer was previously not entitled to.
These City approved development incentives should be considered as a form of a public
subsidy because the incentives are giveaways that provide significant windfalls and
increase the property value of the proposed development. The City approved incentives/
public subsidies underscore a problem that the fails to ensure the giveaways are provided
in the exchange of community benefits such as the development of affordable homes for
lower income households. The developer for the proposed development at the CMMI did
not set aside any homes that would be affordable to lower income households. While 20
units will be set-aside for moderate income families, the proposed rents, $1,600 - $1,800
are out -of -reach and not affordable to current CMMI tenants or potential lower income
tenants in the City. In addition, by increasing the existing base density at the proposed
development, the City is effectively circumventing the use of a density bonus for
proposed projects, which would have facilitated the development of new affordable
homes for lower income households in the City.
5. Collaborate with the Costa Mesa Affordable Housing Coalition and community
stakeholders to develop effective stand-alone housing policies (i.e., inclusionary
housing) and create an affordable housing component for lower income working
households as part of the Residential Incentive Overlays that will prioritize and
facilitate the development of affordable home opportunities for lower income
working households.
Mayor Mensinger and City Council Members
September 19, 2016
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We look forward to City's responses to our recommendations and if you have any questions,
please feel free to contact me at (949) 250-0909 or cesarc@kennedycommission.org.
Sincerely,
Cesar Covamxbias
Executive Director
cc: Kathy Esfahani, Costa Mesa Affordable Housing Coalition
ADDITIONAL DOCUMENTS FOR PH -4
Costa Mesa Affordable Housing Coalition
September 20, 2016
Mayor Stephen Mensinger and City Council Members
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: Amend Zoning Code to Include Affordable Homes for Lower Income Families in
Harbor Mixed -Use Overlay District and Residential Incentive Overlay District
Dear Mayor Mensinger and City Council Members:
The Costa Mesa Affordable Housing Coalition (the Coalition) is submitting this letter in support
of the Kennedy Commission's letter and recommendations dated September 19, 2016 in regards
to Harbor Mixed -Use Overlay District and Residential Incentive Overlay District. The Coalition
would like to reiterate the main points (please refer to the Kennedy Commission's letter for
specifics) and urges the City Council to take the following actions tonight:
1. Amend the City's Zoning Code to include the Harbor Mixed -Use Overlay, which
allows a maximum residential density of 20 du/ac, ONLY IF new residential
developments proposed in the overlay set-aside at least 20 percent of homes as
affordable to lower income working households.
2. Amend the City's Zoning Code to include the Residential Incentive Overlay District,
which allows new high density residential uses of up to 40 du/ac along Harbor
Boulevard and Newport Boulevard, ONLY IF new residential developments
proposed in the overlay set-aside 20 percent of homes as affordable to lower income
working households. In addition, motels located in the overlay should not be included
unless any future/new residential developments that are proposed on these sites dedicate
at least 20 percent of the homes to lower income working households.
3. Amend the City's Zoning Code to include the Residential Incentive Overlay District,
ONLY IF proposed residential developments in Overlay evaluates significant
impacts on motel tenants and requires the preparation of a Relocation Plan to
ensure lower income households living in motels will not be displaced or be at -risk
of homelessness.
4. Amend the City's Zoning Code to include the Residential Incentive Overlay District,
ONLY IF the City ensures the implementation of the Overlay does not circumvent
the State Density Bonus Law and the development of homes affordable to lower
income households.
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5. Collaborate with the Costa Mesa Affordable Housing Coalition and community
stakeholders to develop effective stand-alone housing policies (i.e., inclusionary
housing) and create an affordable housing component for lower income working
households as part of the Residential Incentive Overlays that will prioritize and
facilitate the development of affordable home opportunities for lower income
working households.
Sincerely,
/l,QtfLy Le_ ja LaK/
Kathy Esfahani
For The Costa Mesa Affordable Housing Coalition
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