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With state lawsuit deadline looming, Costa Mesa nears housing plan finish line

Costa Mesa’s attempt to plan for 11,760 residential units by 2029 has been less of a marathon than an obstacle course.
Costa Mesa’s attempt to plan for 11,760 additional residential units by 2029 has been less of a marathon than an obstacle course. But it appears the end may be in sight.
(File Photo)

With a state lawsuit deadline looming, Costa Mesa’s attempt to plan for 11,760 additional residential units by 2029 has been less of a marathon than an obstacle course. But it appears the finish line may soon be in sight.

City leaders Tuesday adopted a revised housing plan, initially adopted in February 2022, that has undergone numerous changes and recalculations but may soon be ready for state certification.

Department of Housing and Community Development (HCD) officials recently indicated while some concerns about the rezoning of already in-use properties remain, passage of a sixth cycle housing element could be imminent.

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Costa Mesa is one of five California cities being sued by the state, a move the city’s mayor says is misleading and unfair.

“HCD has reviewed the findings recommended by the Planning Commission, and these findings are sufficient but must still be adopted by the City Council,” senior program manager Paul McDougall wrote in an Aug. 21 letter to the city.

While the news seems promising, some issues remain to be ironed out.

For example, councilmembers confronted a challenge Tuesday from Orange County’s Airport Land Use Commission, which determined the rezoning Costa Mesa is undertaking to meet the state’s housing mandate could result in the placement of future residences in a “noise impact zone” or near areas where aircraft-related hazards could exist, due to normal flight operations at John Wayne Airport.

Commissioners at a July 16 meeting determined some allowances put forth in Costa Mesa’s rezoning effort, “Neighborhoods Where We All Belong,” and in the housing element section of the city’s general plan, were inconsistent with JWA’s Airport Environs Land Use Plan.

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City planners minimized building heights within a North Costa Mesa Specific Plan, from 315 feet to 108 feet, and removed the application of a mixed-use overlay district on parcels where potential development could encroach into airport safety buffer zones, among other measures.

To the dismay of Costa Mesans opposed to seeing up to 4,000 residential units built at Fairview Developmental Center, and with support from housing advocates, planning commissioners this week recommended a land-use plan for the state-owned site.

Meanwhile the city must formally overrule the airport commission’s findings, a process that will take time but is not particularly onerous, Costa Mesa senior planner Michelle Halligan told the council.

“ALUC is an advisory body,” she said. “The City Council has the authority to make land use decisions in Costa Mesa. But state law establishes an official process to overrule.”

Along with the requisite two-thirds vote delivered Tuesday, the council must, within 45 days, notify the commission of its intent to overrule and hold two public hearings ahead of a final vote, which could take place by Oct. 17.

The requirement is the latest in a series of hurdles that have littered Costa Mesa’s path to getting a housing plan certified by the state, which on July 16 — the same day as ALUC determination — sued the city for failing to meet mandated housing goals in a timely manner, imposing a 120- day correction deadline.

In addition to having to pass the ballot initiative Measure K in 2022, to allow for the rezoning of more than 1,000 commercial and industrial parcels, the city has also had to plan for the eventual redevelopment of the Fairview Developmental Center for residential use.

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Despite that, city planners managed, through the application of the mixed-use overlay district, to identify where 17,042 units of housing could be placed, even if they were unlikely to ever be built. But a 2025 court case changed the rules of the game midstream, and the city had to strike 28 parcels from its list — a net loss of 5,431 units — and seek options elsewhere.

Another 95 potential housing opportunity sites have since been identified, adding approximately 6,996 units that could hypothetically be built. In a statement Thursday, Community Services Director Carrie Tai expressed optimism about the recent developments.

“Based on the direction we received from [HCD], the council’s action Tuesday brings us one step closer to state compliance with our housing element,” she said.

Councilmembers speaking in comments at Tuesday’s meeting acknowledged how daunting the uphill climb toward compliance has been.

“I don’t think my words can do justice to how much work this has been for staff, and this sprint especially,” Councilmember Andrea Marr said, referencing the last-minute scramble to recoup unit losses amid the lawsuit.

“I do think it’s worth reflecting on the twists and turns this process has taken that have been so outside our control. Man, this process has been brutal.”

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Mayor John Stephens joined others in thanking staff for their years of diligence.

“Who knows in the end whether it’s going to be the right thing? Who knows whether it’s going to actually yield the house units we need to reduce the cost of housing? But it’s the best thing we can do at this time, and I honor your work.”

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