Council affirms two-lot small-lot subdivision at 2308 Santa Ana Avenue over neighbor appeal, 5-1

The Costa Mesa City Council voted 5-1 on Oct. 7 to uphold the Planning Commission’s conditional approval of a small-lot subdivision at 2308 Santa Ana Avenue, rejecting an appeal from an adjacent neighbor who raised concerns about noticing, grading, drainage and property-line survey work.

The project calls for subdividing an existing parcel and replacing the existing house and garage with two two-story detached single-family homes, each with three bedrooms, a two-car garage and two open parking spaces. The Planning Commission approved the project 7-0 on Aug. 11 with conditions requiring additional landscaping to screen second-story windows and replacement of rear palm trees.

Appellant Mike Tchaikovsky, whose backyard borders the site, argued the project packet and plans were not posted early enough for neighbors to review before the commission hearing and alleged the applicant proposed raising the lot grade substantially, importing fill, and placing retaining walls at the property line that could alter drainage and harm existing trees. He also said a submitted property survey was certified by an individual who, he asserted, was not a licensed California land surveyor.

Assistant Planner Caitlin Curley told council the project had been noticed in compliance with the Costa Mesa Municipal Code and that the planning commission heard public correspondence and testimony before approving the design with added privacy conditions. Curley said the applicant provided a revised landscaping plan, replacing palms and adding trees to screen second-story windows.

Council members asked detailed questions about drainage and grading. Staff and the applicant explained the site currently sits below the sidewalk and must be raised to allow drainage to the street; the design includes gutters and downspouts and additional grading and civil review during building plan check. The applicant said revised plans and a civil engineer’s grading plan have been reviewed by Public Works.

Council member Lauren Gamaros said she opposed the decision because of concerns over public notice timing and the project’s multi-year processing time; she cast the lone dissenting vote. Several other council members supported the project, noting it complied with code and that added landscaping addressed privacy impacts. The council’s decision affirmed the commission’s conditions of approval and removed the previously directed view-study requirement on the grounds that the revised landscaping plan was sufficient to address privacy concerns.

The action is the council’s final decision on the matter; staff will enforce conditions during building plan check and before map recordation, including boundary corner certification and required civil improvements.