HomeMy WebLinkAbout07-10 - Approving Preliminary Master Plan PA-05-52 (OC Museum of Art High-Rise Residential/Museum ProjectRESOLUTION NO. 07-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING
PRELIMINARY MASTER PLAN PA -05-52 FOR THE
ORANGE COUNTY MUSEUM OF ART HIGH-RISE
RESIDENTIAL/MUSEUM BUILDING PROJECT
LOCATED AT 605 TOWN CENTER DRIVE IN A "TC"
ZONE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, an application was filed by the Orange County Performing Arts
Center requesting City Council approval of Preliminary Master Plan PA -05-52 in Area 4,
South Coast Plaza Town Center, of the North Costa Mesa Specific Plan area;
WHEREAS, Preliminary Master Plan PA -05-52 for the Orange County Museum
of Art is for the construction of a maximum of 80 high-rise residential units atop an
unbuilt 140,000 square -foot museum building entitlement, located at 605 Town Center
Drive in a TC zone;
WHEREAS, General Plan Amendment GP -06-02 and Zoning Code Amendment
CO -06-05 were required to incorporate provisions for high-rise residential development
and to specify exterior noise standards for certain outdoor common recreational
amenity areas of a high-rise residential development. The proposed project conforms
with the General Plan and Zoning Code, as amended per GP -06-02 and CO -06-05;
WHEREAS, this preliminary master plan establishes a high-rise residential
development option that complies with total number of residential units and non-
residential building square footage, floor area ratio, and trip budget maximums
identified for this sub -area in Area 4 of the North Costa Mesa Specific Plan, as
amended per SP -06-02;
WHEREAS, all new development approved in this preliminary master plan shall
be subject to final master plan approval. The project applicant(s) may submit one final
master plan for the entire Segerstrom Town Center, or the project applicant(s) may
submit final master plans for individual buildings;
WHEREAS, the proposed project has been reviewed for compliance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City
environmental procedures, and Final Program EIR No. 1052 was prepared and
available for public review from July 19, 2006 through September 1, 2006;
WHEREAS, the Federal Aviation Administration (FAA) issued a No Hazard
Determination on October 18, 2006, which established a maximum building height of
306 feet above mean sea level (272 to 275 feet above ground level) for the high-rise
museum building at 605 Town Center Drive;
WHEREAS, duly noticed public hearings were held by the Planning Commission
on August 14, 2006 and September 11, 2006 and by City Council on November 21,
2006 and January 16, 2007 to allow for public comment on the proposed project and
Final Program EIR and with all persons having been given the opportunity to be heard
both for and against the proposed project;
WHEREAS, the City Council has reviewed all environmental documents comprising
the Final Program EIR and has found that the Final Program EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives, and
the Final Program EIR is complete and adequate and fully complies with all requirements
of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines;
WHEREAS, the Planning Commission recommended that City Council certify
Final Program EIR No. 1052, approve General Plan Amendment GP -06-02, Zoning
Code Amendment CO -06-05, and North Costa Mesa Specific Plan Amendment SP -06-
02, by separate resolutions;
WHEREAS, the Planning Commission also recommended City Council approval
of the Preliminary Master Plan by adoption of Resolution No. PC -06-69;
WHEREAS, pursuant to Public Utilities Code 21676, the City Council overruled the
Orange County Airport Land Use Commission's Determination of Inconsistency by
separate resolution;
WHEREAS, the City Council also considered and found that the benefits of the
North Costa Mesa High Rise Residential project outweigh the unavoidable adverse
impacts that remain after mitigation and, recommended Council adoption of General
Plan Amendment GP -06-02, including Statements of Facts and Findings and Overriding
Considerations, by separate resolution;
WHEREAS, the City Council certified Final Program EIR No. 1052 by adoption of
Resolution No. 06-94 on November 21, 2006;
WHEREAS, the City Council approved Zoning Code amendment CO -06-05, and
adopted North Costa Mesa Specific Plan Amendment SP -06-02 by separate resolution;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the
record, the findings contained in Exhibit" A", and subject to conditions of
approvals/mitigation measures indicated in the Mitigation Monitoring Program (Exhibit
"B"), the City Council hereby APPROVES Preliminary Master Plan PA -05-52 (Exhibit
"C") with respect to the property described above.
BE IT FURTHER RESOLVED that the City Council finds and determines that the
approval of Preliminary Master Plan PA -05-52 is expressly predicated upon General
Plan Amendment GP -06-02, Zoning Code Amendment CO -06-05, and Specific Plan
Amendment SP -06-02 being final and effective, and upon the applicants' compliance
with each and all conditions of approvals/mitigation measures indicated in the Mitigation
Monitoring Program contained in Exhibit "B".
PASSED AND ADOPTED this 16th day of January, 2007.
ATTEST:
��
Julie Folcik, City Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 07-10 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 16th day of January, 2007, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 17th day of January, 2007.
JULIE OLCIK, CITY CLERK
(SEAL)
EXHIBIT "A"
FINDINGS
A. Final Program Environmental Impact Report (EIR) #1052 was prepared for the
preliminary master plan, pursuant to the California Environmental Quality Act.
Although the proposed project could have a significant effect on the environment,
mitigation measures have been included as conditions of approval that reduce
impacts to the fullest extent reasonable and practicable.
B. Mitigation Measures from Final Program EIR #1052 have been included as
conditions of approval. If any of these conditions are removed, the City Council
must make a finding that the project will not result in significant environmental
impacts, that the mitigation measures are within the responsibility and jurisdiction
of another public agency, or that specific economic, social, or other
considerations make the mitigation measures infeasible.
C. The findings with respect to the environmental effects of the project are in the
document, "CEQA Statements of Findings, Facts and Overriding Consideration
for the North Costa Mesa High Rise Residential Projects", attached to the City
Council resolution for the General Plan Amendment GP -06-02.
D. The preliminary master plan meets the broader goals of the 2000 General Plan,
as amended, North Costa Mesa Specific Plan, as amended, and Zoning Code,
as amended, by exhibiting excellence in design, site planning, integration of uses
and structures, and protection of the integrity of neighboring development. The
proposed project would create a unique housing type and will be among the first
of this kind of housing type in Costa Mesa. The new buildings will feature world-
class architecture designed by renowned architects, and the high-rise residential
structure(s) will complement the cultural and entertainment arts center uses at
South Coast Plaza Town Center. The proposed project would meet the housing
needs of the high-income segments of the community at a level no greater than
that which can be supported by planned infrastructure improvements.
E. The evidence presented in the record as a whole indicates that the project will
not individually or cumulatively have an adverse effect on wildlife resources or
habitat.
F. The project, as conditioned, is consistent with Chapter XII, Article 3,
Transportation System Management, of Title 13 of the Costa Mesa Municipal
Code in that the development project's traffic impacts will be mitigated by the
payment of traffic impact fees and designated improvements to impacted
intersections.
G. The project has been reviewed for conformity with the Orange County
Congestion Management Program (CMP) requirements and the additional traffic
generated by the project does not cause the CMP highway system to exceed
LOS "E".
H. The approval of the Preliminary Master Plan, as conditioned and proposed to be
mitigated per the Mitigation Monitoring Program, is contingent upon the General
Plan Amendment, North Costa Mesa Specific Plan Amendment, and Zoning
Code Amendment becoming final and effective.
I. The
proposed high-rise residential
structure has been submitted
for review
by
the
Federal Aviation Administration
(FAA). The project shall be
constructed
in
accordance with the FAA Determination
of No
Hazard
issued
on October 18,
2006, or most current FAA Determination
of No
Hazard.
The
FAA No Hazard
Determination issued on October 18, 2006 established a maximum building
height of 306 feet above mean sea level (272 to 275 feet above ground level) for
the high-rise museum building at 605 Town Center Drive.
Exhibit "B"
Mitigation Monitoring Program
North Costa Mesa High -Rise Residential Projects
Mitigation Monitoring and Reporting Program
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
OWMBER 20,0:'1
Mitigation Monitoring and Reporting Program
North Costa Mesa High -Rise Residential Projects
The North Costa Mesa High -Rise Residential Project generally involves demolition of existing
structures, modification of unbuilt entitlements, and/or substitution of unbuilt entitlements for the
construction of new high-rise residential structures collectively totaling 1,269 dwelling units with
commercial/retail uses. Structures are proposed ranging from 280 to 315 feet above ground level.
The project area includes five sites in an area north of the I-405 Freeway and generally bound by
Sunflower Avenue to the north, Bristol Street to the west, Sakioka Drive to the east, and the I-405
Freeway to the south.
The California Environmental Quality Act (CEQA) requires that all public agencies establish
monitoring and/or reporting procedures for mitigation measures (MMs) adopted as conditions of
approval in order to mitigate or avoid significant project impacts. Specifically, Section 21081.6(a)(1)
states:
The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to mitigate or
avoid significant effects on the environment. The reporting or monitoring program
shall be designed to ensure compliance during project implementation.
CEQA Guidelines § 15097 provides clarification of mitigation monitoring and reporting requirements
and guidance to local lead agencies on implementing strategies. The reporting or monitoring program
must be designed to ensure compliance during project implementation.
The following Mitigation Monitoring and Reporting Program includes mitigation measures and
conditions of approval from the Final Program Environmental Impact Report (PEIR) No. 1052 (SCH
No. 2006011077) adopted by the Planning Commission on September 11, 2006 and by the City
Council on . An Initial Study/Notice of Preparation for the proposed project was
prepared in January 2006. Mitigation measures have been incorporated by reference into the PEIR
from the following previously approved documents:
City of Costa Mesa General Plan Environmental Impact Report, SCH No. 2000031120,
January 2002
South Coast Plaza Town Center Environmental Impact Report No. 1047, SCH No,
2000041100, March 2001
Mitigation measures have been drafted to meet the requirements of Public Resources Code §21081.6
as fully enforceable monitoring programs. The Mitigation Monitoring and Reporting Program
defines the following for each mitigation measure:
1. A time for performance. In each case, a time for performance of the mitigation measure,
or review of evidence that mitigation has taken place, is provided. The performance
points selected are designed to ensure that impact -related components of project
implementation do not proceed without establishing that the mitigation is implemented or
assured.
2. A responsible party for implementingthe he required mitigation is identified. In each case,
unless otherwise indicated (as in Mitigation Measures G-2 and T-1), the Developer is
generally the Responsible Party for implementing the mitigation. The City will monitor
the performance and implementation of the mitigation measures. To guarantee that the
mitigation measure will not be inadvertently overlooked the supervising public official is
the official who grants the permit or authorization called for in the performance.
Definition of mitigation. In each case (except where a mitigation measure, such as a
geotechnical report, is a well-known procedure or term of art), the mitigation measure
contains the criteria for mitigation, either in the form of adherence to certain adopted
regulations or identification of the steps to be taken in mitigation.
Matrix Orientation
The following matrix lists all mitigation measures and conditions of approval from the Final PEIR
referenced above. The matrix also identifies the applicable permit, the required timing, and
responsible parties for both implementation and monitoring.
Conditions of Approval I Mitigation Measures Timing Responsible Party Date Completed
Aesthetics
Conditions of Approval
Architectural features and roofs shall be appropriately finished with non -reflective materials in order to reduce glare
Prior to issuance of
Developer
and reflection. Structures shall use low reflective glass and building materials to minimize daytime glare to the fullest
certificate of occupancy
extent possible. (Sites 1-5)
All exterior light standards and fixtures will be shielded to prevent light spill to further reduce potential impacts-
Prior to issuance of
Developer
(Sites 1-5)
certificate of occupancy
The intensity and location of lights on buildings shall be limited to minimize nighttime light and glare to residents and
Prior to issuance of
Developer
shall be subject to the Development Services Directors approval. Sites 1-5)
cerificate of occupancy
Prior to issuance of building permits, the developer shall submit building plans for the proposed projects to be
Prior to issuance of
Developer
approved by the Costa Mesa Planning Division which incorporate the use of non -reflective building materials to
building permits
minimize light and glare impacts. (Sites 1-5
- Her to issuance of building permits, the developer shall submit an electrical engineers photometnc survey to be
Prior to issuance of
Developer
approved by the Costa Mesa Planning Division to assure that minimum security lighting requirements are met and to
building permits
minimize fight and glare to residents. (Sites 1-5)
The Lighting Plan shall demonstrate compliance with the fallowing: (1) All site lighting fixtures shall be provided with a
Prior to issuance of
Developer
flat glass lens; (2) Photometric calculations shall indicate the effect of the flat glass lens fixture efficiency; (3) Lighting
building permits
design and layout shall limit spill light to no more than 0.5 footcandle at the property line of the surrounding
neighbors, consistent with the level of fighting that is determined necessary for safety and security purposes on site.
(Sites 1-5)
Prior to the issuance of building permits, the developer shall submit a Final Landscape Plan, consistent with the
Prior to issuance of
Developer
City's landscape standards, for each development component to be approved by the Costa Mesa Planning Division.
building permits
(Sites 1, 2, 4, and 5)
Mitigation Measures
No mRigation measures are required.
Air Quality
Conditions of Approval
SCAQMD Rule 403 shall be adhered to, ensuring the clean up of construction -related dirt on approach routes to the
During all construction
Developer
site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or
phases
disturbed surface area beyond the property line of the emission source- Padiculate matter deposits on public
roadways are also prohibited. (Sites 1-5)
Adequate watering techniques shall be employed to partially mitigate the impact of construction -generated dust
During all construction
Developer
particles. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust
phases
will be formed on the ground surface and then watered again at the and of the day. (Sites 1-5)
• Grading operations shall either be suspended or involve heavy watering during first and second stage ozone
During all construction
Developer
episodes or when winds exceed 25 miles per hour. (Sites 1-5)
phases
Conditions of Approval / Mitigation Measures
Timing
T Responsible Party
Date Completed
_
Mitigation Measures
AQ -1 Prior to commencement of construction activities. project applicants shall identify to Ine City a construction
Prior to commencement of
Developer
relations of to act as a community liaison concerning on-site activity, including resolution of issues related to
construction activities
dust generation from grading/paving activities. (Sites 1-5)
AQ -2 Prior to issuance of building permits, the project applicant shall ensure that the plans minimize ROG emissions.
Prior to issuance of
Developer _T
Building permits for the project shall specify and require the use of pre -coaled building.matenals, use of all high
building permits
pressure -lour volume (HPLV) paint applicators with 50% efficiency, and use of lower volatility paint not exceeding
100 grams of ROG per liter. (Sites 1-5)
AQ -3 During construction and grading activities, the project applicant shall comply with measures set forth in the StonnDuring
all construction
Developer
Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. (Sites 1-5)
phases
Conditions of Approval / Mitigation Measures
Timing
Responsible Party
Date Completed
Aviation
Conditions of Approval
• Prior to final master plan approval, the applicant shall submit to the City of Costa Mesa, a Federal Aviation
Prior to final Master Plan
Developer
Administration (FAA) Determination of No Hazard to air navigation. If the FAA requires conditions for the finding of no
approval
hazard to air navigation, such as installation of roof -top obstruction lighting, said conditions shall be placed as
conditions of approval on the final master plan, Sites 1-5
• In the event a proposed high-rise building is determined to be a hazard to air navigation by the FAA, the building
Prior to issuance of
Developer
design shall be appropriately modified prior to issuance of building permits so that an FAA Determination of No Hazard
building permits
to air navigation can be obtained. Sites 1-5
• The FAA No Hazard Determination shall be valid at the time of building permit issuance for the high-rise structure. The
Prior to issuance of
Developer
City shall expressly prohibit issuance of any building permit for a structure in the absence of a current and valid FAA
building permits
No Hazard Determination. Sites 1-5
• As established by the final FAA No Hazard Determination (as described below) and in conjunction with the preliminary
Prior to final Master Plan
Developer
master plans for Sites 1, 2, 4, 5 and final master plan for Site 3, the maximum building height(s) for the proposed high-
approval
rise residential building(s) are as follows:
• Segerstrom Town Center (Site i): FAA No Hazard Determination was issued. on October 31, 2006, which
_
established a maximum building height of 308 feet above mean sea level (271 to 275 feet above ground level)
for two proposed high-rise buildings at 3400 and 3420 Bristol Street
• Orange County Museum of Art (Site 2): FAA No Hazard Determination was issued on October '18,2006, which
established a maximum building height of 306 feet above mean sea level (272 to 275 feet above ground level)
for the high-rise museum building at 605 Town Center Drive.
• The Californian at Town Center (Site 3): FAA No Hazard Determination was issuedonOctober 17, 2006, which
established a maximum building height of 306 feet above mean sea level (271 to 273 feet above ground level)
for the two proposed high-rise residential towers at 580 Anton Boulevard.
• Symphony Towers (Site 4): FAA No Hazard Determination was issued on October 31, 2006, which established
a maximum building height of 306 feet above mean sea level (approx. 274 feet above ground level) and 206 feet
above mean sea level (approx.173 feet above ground level) for specified areas of the project site at 585 Anton
Boulevard.
• Pacific Arts Plaza (Site 5): FAA No Hazard Determination was issued on October 30, 2006, which established a
maximum building height of 320 feet above mean sea level (287 feet above ground level) for the proposed high-
rise residential building at 675 Anton Boulevard.
In the final master plan discretionary review process, the applicant may seek additional building height pursuant to the
Nodh Costa Mesa Specific Plan (e.g. maximum 315' AGL for South Coast Plaza Town Center, maximum 280' AGL for
The Calffomlan at Town Center, and maximum 306' AGL for Symphony Towers) provided that the applicant has
obtained from the Federal Aviation Administration's Determination of No Hazard forthe revised building height. The
FAA No Hazard Determination shall be obtained prior to the City's final action on the final master plan. Amendments to
the Costa Mesa 2000 General Plan and North Costa Mesa Specific Plan are not necessary to accommodate additional
building height as specified in the North Costa Mesa Specific Plan. In addition, Final EIR Number 1052 (SCH No.
2006011077) has examined the maximum building heights as defined in the North Costa Mesa Specific Plan and
concluded that no significant impacts will occur.
• As part of the master plan approval, the applicant shall submit a concurrence with any FAA No Hazard Determinat on
Priorto app oval of
Developer
fora proposed high-rise building at a building height at or below the maximum building height as established inthe
preliminary Master Plan
North Costa Mesa Speck Plan. The applicants concurrence with the FAA No Hazard Determination will expressly
not affect, alter, or diminish any rights conferred upon the applicants by the following Development Agreements:
• Segerstrom Town Center (Site 1): Development Agreement DA -00-02.
• Orange County Museum of Art (Site 2): Development Agreement DA -00-03.
• Symphony Towers (Site 4): South Coast Metro Center Development Agreement DA -99-01.
• Pacific Arts Plaza Sfte 5): Development Agreement DA -00-04.
• The Developer shall work with John Wayne Airport and City staff on a °Grant of Avigation Easement'for a specified
Priorto issuance of
Developer
area of the subject property that penetrates the imaginary horizontal surface of John Wayne Airport above elevation
building permits
206 feet AMSL (NAVD 88). The developer shall grant this Avigation Easement to the County of Orange/John Wayne
Airport to permit the unencumbered and unrestricted flight of aircraft to orfrom John Wayne Airport. Recordation of the
Avigation Easement shall occur prior to issuance of any building permit that penetrates the imaginary horizontal
surface of JWA. Sites 1-5
• Due to the projects proximity to John Wayne Airport, the Developer shall ensure that any prospective resident be
Prior to sale of units
Developer
notified of the presence of aircraft overflight in the form of a buyers notice, as follows: `Notice of Airport in Vicinity:
The Development Services Director shall reviewlapprove the buyers notice for form and substance prior to issuance of
a building permit. This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the nnnn%cmces or inconveniences associated_
with proximity to airport operations (forexample: noised vibration, or odors). Individual sensitive to those annoyances
can vary from person to person. You may wish to consider what airport annoyances, # any, are associated with the
property before you complete your purchase and determine whether they are acceptable to you.' This notice shall be
prominently displayed in the sales office for the condominium development, and a copy shall be provided to all buyers.
Sites 1-5
i ond!tlons of Approval" Mitigation Measures I Timing i Responsible Party Date Completed
Mitigation Measures
I Nomitigationmeasures are required.
Geology and Soils
Conditions of Approval
Where studies indicate that buildings may be subject to substantial damage during earthquakes, the structure shall
be designed and/or retrofitted for seismic resistance in compliance with all relevant recommendations for seismic
During building plan
Developer
design and seismic safety in the most recent editions of the Uniform Building Code and the California Building Code.
preparation
(Sites 1-5)
1
Mitigation Measures
' G-1 Prior to the issuance of a9radio9 Permit, the project developers shall prepare a site Specific 5nai geotechnical
Prior to issuance of
Developer
j
i investigation, including an evaluation. analysis, and mitigation recommendations for the issues identified In the
grading permit
NMG Geotechnical Investigation Report, including appropriate dust control measures and waterproof building
designs with hydrostatic pressure resistive properties and a site specific probabilistic seismic hazard analysis for
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ground motion. All recommendations shall be incorporated into the final grading plan for the project. (Sites 1-5)
G-2 Durno grading operations, special handling. pf on-site soiis shall be required due to high moisture content of the
During grading operations
Developer
soils. The City of Costa Mesa shall monitor the grading contractor to ensure stabilization of the soils during
grading and excavation activities, as recommended by the NMG geotechnical investigation. (Sites 1-5)
G-3 Prior to the issuance of building permits, the project developers shall ensure that pile foundations or other
Prior to issuance of
Developer
j appropriate design be incorporated into the project design to mitigate potential settlement hazards and
building permits
j liquefaction beneath the proposed structures (Sites 1-5)
G-0 Prior to the issuance of building permits, the project developers shall submit a project design to ensure that any
Prior to issuance of
Developer
proposed subterranean portion of the structures are waterproofed and designed and installed to resist
building permits
hydrostatic pressures associated with the shallow groundwater table in the area. (Sites 15)
f
G-5 Prior to the initiation of project grading, the project developers shall ensure that all existing utilities will be
Prior to grading
Developer
relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and
affected utility companies. (Sites 1-5)
j
G-6 Prior to the issuance of grading permits, the project developers shall ensure that provisions set forth in the Final
Prior to issuance of
Developer
Geotechnical Investigation Report regarding dust control measures during site preparation, grading, and
grading permits
construction are incorporated into the final construction specifications for the project site. (Sites 1-5)
Hazards and Hazardous Materials
Conditions of Approval
No standard conditions of approval were identified
Mitigation Measures
HH -1 Prior to the approval of the Master Plan, the project proponents for all development sites shall prepare and j
Prior to MasterPlan
approval
Developer
!
submit a Phase I ESA to the City of Costa Mesa for review. The Phase I ESA shall determine the historical and
current presence of hazardous materials on the site and identify the mechanism and/or remediation for any site
I
contamination. (Sites 1, 2, 4)
HH -2 Prior to the issuance of demolition/grading permits, the project proponents shall fully comply with the
Prior to issuance of
Developer
recommendations of the Phase I report and shall consult and comply with the California Department of Toxic #
demolitionigrading permits !
Substances Control (DTSC) guidelines for oversight. (Sites 1-5)
i
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1 Conditions of Approval I Mitigation Measures
Timing
Responsible Party
Date Completed
_
HH -3 Prior to the issuance of building permits for any site requiring remediation of soils or groundwater. as as specif
issuance of
i Developer
the Phase I ESA, orDTSC as a contaminated site, the developer shall submit a'letter of case closure" from the
building oermits
i Orange County Health Care Agency and/or the California Department of Toxic Substances Control (DTSC)
i
I
planning division indicating that the project developer completed remediation requirements for that site. (Sites 1-
5)
HHA Prior to the issuance of demolition permits, the project proponent shall ensure that any buildings built before
Prior to issuance of
Developer
i1981 are sampled as a part of an asbestos survey in compliance with the National Emissions Standards for
demolition permits
{ Hazardous Air Pollutants (NESHAP). If asbestos is found in the building, asbestos-related work, including
demolition, involving 100 square feet or more of asbestos containing materials shall be performed by a licensed
j
asbestos abatement contractor under the supervision of a certified asbestos consultant. Asbestos shall be
removed and disposed of in compliance with applicable state laws. (Sites 1 and 5)
HH -5 Prior to the issuance of demolition permits, the project proponent shall prepare a demolition plan to include
Prior to issuance of
Developer
provisions that during demolition of any building, if paint is separated from the building material, the paint waste
demolition permits
will be evaluated independently from the building material by a qualified hazardous material inspector to
determine its proper management. To the extent possible, demolition materials will be recycled on-site. The
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balance will be transported to a location identified in the demolition plan. This demolition plan shall be submitted
to the City of Costa Mesa for approval. (Sites 1, 3.4.5)
Hydrology and Water Quality
Conditions of Approval - - -
No standard conditions of approval were identified.
-Mifigafion Measures -
WQ-1 Pnor to the issuance of any grading permits for projects that will result in soil disturbance of one or more acres of
Prior to issuance of
i Developer
land, the applicant shall demonstrate that coverage has been obtained under California's General Permit for
grading permits
I
I Storm Water Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance
of a Waste Discharge Identification (WDID) Number. Projects subject to (his requirement shalt prepare and
II
implement a Storm Water Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the
project site and be available for City review on request. (Sites 1-5)
WQ-2 Prior to the issuance of any grading permits, the applicant shall submit to the City for rek ew and approval a
Prior to issuance of
Developer
Water Quality Management Plan that (Sites 1-5):
grading permits
• addresses site design BMPs such as minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or'zero discharge" areas, and conserving natural
areas,
• incorporates the applicable Routine Source Control BMPs as defined in the DAMP.
• incorporates Treatment Control BMPs as defined in the DAMP,
• generally describes the long-term operation and maintenance requirements for the Treatment Control
BMPs,
• identifies (he entity that will be responsible for long-term operation and maintenance of the Treatment i
Control BMPs, and
• describes the mechanism for funding the long-term operation and maintenance of the Treatment Control
'
BMPs
{
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_ Conditions of Approval! Mitigation Measures �
ing
Responsible Party
Date Completed
WQ3 Prior Io issuance of building permits, the project developers shall provide proof of an NPDES permit from the
Prior to issuance of
Developer
I j
ROVOCB, consistent with Order No. RS-2004-0021 and NPDES No. CAG998002, to the City of Costa Mesa for
building permits
dewatering activities. (Sites 1-5)
j WQ-4 Prior to the issuance of building permits, the project developers shall verify that structural BMPs have been
Prior to issuance of
Developer
permanently incorporated into the project plans. Such BMPs shall ensure that pollutants from project-related
building permits-
I
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storm water runoff are mitigated consistent with applicable state and local standards- (Sites 1-5)
WO-5 Prior to the issuance of grading permits, the project developers shall pay drainage impact tees to the City of
Prior to issuance of
Developer
Costa Mesa. Drainage impact fees are to be adopted in August 2006 and are current) estimated at $12.000 per
� 9 P- P 9 Y p
grading permits
I
acre. The project developer shall be responsible for the drainage impact fees that are In place at the time grading
I
permits are issued. (Sites 1-5)
WO-6 Prior to the issuance of grading permits, the project developers shall prepare drainage plans for the City's review
Prior to issuance of
Develcoer
and approval. The Drainage Plan shall define the exact size and location of drain me facilities. and shall address
grading permits
standing water on the project site during project grading- (Sites 1-5)
Land Use
Conditions of Approval
i
• Prior to site plan approval, project applicants shall submit to the City of Costa Mesa for review and approval of project
elms that comply with the Development Standards as set forth in the North Costa Mesa Specific Plan Zoning
Prior to site pian approval
by City
Developer
{
and
Cade. In addition, the developments will be subject to all standard conditions of approval imposed by the City of
Costa Mesa. (Sites 1-5)
1r. Master -Plan -approval-moontingent-upon-Cily-Council's- final approval of-the-General Plan Amendment GP=06=02, ----Prior-tositeplanapproval--Developer
— -
NormCosta Mesa Specific Plan Amendment SP-06-02, and Zoning Code Amendment CO-06-05- Master Plan
by City
approval shall not become effective until all these other discretionary approvals are final and become effective.
' Mitigation Measures
No mitigation measures are required.
• Noise
Conditions of Approval
• Excluding Site 2—the Orange County Museum of Ad, Contractor shall ensure that construction activities comply with
During all construction
Developer
{ the City's Noise Ordinance. Exceptions may be made for activities that will not generate noise audible from off-site,
phases
i
such as painting and other quiet interior work (Sites 1, 3, 4.5)
• For Site 2—the Orange County Museum of Aft, the restrictive hours for construction activities as similarly monitored
During all construction
Developer
during the construction of the Segeistrom Symphony Hall would be applicable. For Site 2, all construction-related
I
phases
activity shall be limited to between the hours of 7:00 a.m- and 8:00 p.m.. Monday through Friday, and 8:00 a.m. to
6:00 p.m. SaturdConstruction is prohibited on Sundays and federal holidays. Exceptions may be made for
activities that will nay.ot generate noise audible from off-site, such as painting and other quiet interior work. (Site 2)
Prior to issuance of building permits, applicant shall ensure that plans reflect sound rated windows and doors in the
Prior to issuance of
Developer
design of the proposed residential buildings and at the proposed museum. The window and door ratings should be
building permits
sufficient to reduce the interior noise level to a CNEL of 45 dS or less, and should be determined by a qualified
acoustical consultant as part of the final engineering design of the project. (Sites 1-5)
IConditions of Approval I Mitigation Measures
Timing
Responsible Party
i Date Completed
f • Poor to issuance of building permits, applicant shall ensure that plans reflect mechanical ventilation at all of the
Prior to issuance of
Developer
jI
proposed residential buildings since the interior CNEL standard of 45 dB is to be met with all doors and windows
building permits
closed. (Sites 1-51
Mitigation Measures
Prior to issuance of
Developer
N-1 Prior to issuance of building permits, applicants shall have prepared by an acoustical engineer, a study of
building permits
potential vibration impacts due to any pile -driving necessary during construction. Applicant shall adhere to all
mitigation measures identified in said study. (Sites 1-5)
i
Population, Employment, and Housing
Conditions of Approval
No standard conditions of approval were identified.
Mitigation Measures
No mitigation measures are required.
Public Services
Co nd;ticus of "______l
Prior to the issuance of building permits, the project developer shall submit project designs and specifications for
Prior to issuance of
Developer
f
review and approval by the Costa Mesa Fire Department with respect to compliance with all standard conditions for
building permits
j
building design regarding public safety, including but not limited to, fire flow capacity, fire hydrant location, vehicular
access, and sprinkler systems. (Sites 1-5)
• Emergency vehicle parking areas shall be designated within proximity to buildings to the satisfaction of the Fire
Prior to issuance of
Developer
---Marsbat.pres-1.-5)--._ __..._-- --- ------------ - — — -------_ ---
building permits -- -----
—__..
Each projeof development shall provide sufficient capacity for fire flows required by the Costa Mesa Fre Department.
Prior to issuance of
Developer
(Sites 1-5)
building permits
i
j • Vehicular access shall be provided and maintained as serviceable, throughout construction, (o all required fire
Prior to issuance of
Developer
hydrants. (Sites 1-5)
building permits
• All high-rise and multi -family project developments shall be equipped with an automatic fire sprinkler system. (Sites
Prior to issuance of
Developer
1-5)
building permits
' • The Developershall comply with standard building and fire regulations for high-rise buildings to the satisfaction of (he
Prior to issuance of
Developer
Fire Marshal and Building Official (Sites 1-5)
building penri s i
• The Developer shall comply with the Public Safety Radio System Coverage Ordinance (included in the standard
Prior to issuance of
Developer
building and fire regulations for high-rise buildings) to the satisfaction of the Police Chief. (Sites 1-5)
budding permits
i • Prior to the issuance of building permits, the project developer shall submit project designs and specifications for
Prior to issuance of
Developer
review and receive approval by the Costa Mesa Police Department with respect to compliance with all standard
building permits
conditions for building design regarding public safety, including but not limited to, lighting, address numbers, building -
I standards, landscaping, and emergency vehicle parking. (Sites 1-5)
• Required building address numbers shall be readily apparent from the street, and rooftop building identification shall
Prior to issuance (if
Developer
be readily apparent from police helicopters for emergency response agencies. (Sites 1-5)
certificate of occupancy
• The project developer shall pay school impact fees, which are currently calculated at a rate of $1.84 per square foot
Prior to issuance of
Developer
for residential development and $0 .30 ger square foot of commercial development (Sites 1-5)
building permits
Conditions of Approval I Mitigation Measures
Timing
Responsible Party
Date Completed
• The project developer shall pay park fees, pursuant to the rate in effect at the time of subdivision map is fled with the
Prior to issuance of
City. Sites 1-5
building permits
Developer
• Prior to issuance of building permits, the project applicant shall pay a library service impact fee for the development
Prior to issuance of
Developer
costs for expanded or new library facilities pursuant to the Library Services Impact Fee Program if such a program is
building permits
established by the City of Costa Mesa. Sites 1, 2, 4, 5
• Prior to issuance of building permits, the project applicant shall pay a library service impact fee for the development
costs for expanded or new library facilities pursuant to the Library Services Impact Fee Program, or any applicable
fees, if such a program is established by the City of Costa Mesa. Site 3, Californian at Town Center, only)
Mitigation Measures
PS -1 Priorto the issuance of building permits, the project developer shall pay its pro rata share of a new, fully
Prior to issuance of
Developer
equipped paramedic engine, equal to $469.35 per unit to the Costa Mesa Fir Department. Sites 1-5
building permits
PS -2 Prior to the issuance of building permits, a construction security service shall be established at the construction
Prior to issuance of
Developer
site. Initially, the service shall ensure that no unauthorized entry is made into the construction area. For the
building permits
duration of each phase of construction, the project applicant shall provide sufficient on-site security personnel
on a 24-hour, seven days a week basis to patrol all areas of construction and prohibit unauthorized entry. (Sites
15
PS -3 During project construction and operation, the project applicant shall ensure that private on-site security is
During project
Developer
provided. Site 1-5
construction
PS -4 Prior to issuance of building permits, the project developer shall pay pro rata shares of fees to the Costa Mesa
Pro, to lance of
Developer
Police Department for the increased service capacity necessary to accommodate the development site, if such
building permits
a police impact fee program is established. Sites 15
Transportation and Circulation
Conditions of Approval
Prior to issuance of
Developer
• The project applicants shall be responsible for the payment of fees in accordance with Costa Mesa's traffic impact fee
building permits
program to mitigate io'ect enerated traffic impacts(including regional traffic). Sites 1-
• The project applicants shall be responsible for the payment of fees in accordance with the San Joaquin Hills
Prior to issuance of
Developer
Transportation Corridor Fee Ordinance. Fees shall be paid to the Costa Mesa Planning Division prior to the issuance of
building permits
building permits. Site 1-5
• The project applicants shall be responsible to comply with the City of Costa Mesa Transportation Demand Ordinance.
Prior to issuance of
Developer
Site 1
building permits
• For a period of five years from the issuance date of the final certificate of occupancy for the project, the Development
Five years from the
Developer
shall annually monitor the project's traffic generation in a method approved by the Transportation Services Division and
issuance date of the final
provide the results to the Transportation Services Manager for approval. The cost of the annual monitoring shall be
certificate of occupancy
home by the Developer, and not by the Homeowners Association. If at the conclusion of the five-year period, the
for the project
Transportation Services Manager determines that the project's average daily trip generation exceeds the amount of
traffic estimated in Final Environmental Impact Report Number 1052, the developer shall pay additional trip fees based
on the project's actual average daily trip generation. City of Costa Mesa trip fees effective on January 17, 2007 shall
apply to the project. Site 3, Californian at Town Center, only)
Mitigation Measures
T-1 As a subsequent phase of the SCPTC project are submitted to the City of Costa Mesa, the performance of
Upon completion of each
City
project traffic study area intersections shall be monitored against the City's Annual Development Phasing and
development (Sites 1-5)
Performance Monitoring Report to determine when future improvements are required. Sites 1, 2 and 5
T-2 The project applicants shall be required to fund all costs associated with implementation of intersection
Prior to issuance of
Developer
improvements to the following intersections in the City of Costa Mesa: Park Center & Sunflower and Bristol &
building permits
Pauladno. The specific improvements are shown in Table 35 as Locations 11 and 26. Sites 1, 2 and 5
T-3 The project applicants shall fund a share of the costs of the planned improvements at the following intersections
Prior to issuance of
Developer
in the City of Santa Ana: Bristol & Segerstrom/Dyer; Bristol & MacArthur; Flower & MacArthur; SR -55 ramps &
building permits
MacArthur, and Main & Sunflower. The specific improvements are shown in Table 35 as Locations 1, 3, 4 and
15. Sites 1, 2 and 5
Conditions of Approval t Mitigation Measures Timing
Responsible Party
Date Completed
TA During the Final Master Plan process, the developer shall be required to comply with residential parking j Prior to final Master Plan
Developer
standards of 1.5 to 2.0 spaces per unit for tenants, 0.5 spaces per unit for guests for the first 50 units and 0.25 1 approval
spaces per urtil thereafter, or to prepare a parking analysis that demonstrates the adequacy of proposed parking
for City review and approval. Parking for commercial uses shall be determined in accomance with the City's
rvlunicipal Code. (Sites 1-5)
Utilities and Service Systems
1 Conditions of Approval
• Prior to the issuance of demolition/grading permits, the project developer shall demonstrate to the City of Costa Mesa
Prior to issuance of
Developer
I that all construction waste generated on-site would be recycled where feasible as the first choice of disposal method,
demolition/grading permits
leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities
for collection and pick-up of recyclable materials into the design of the project. (Sites 1-5)
Prior to the issuance of demolition/grading permits, the project developer shall coordinate with Mesa Consolidated
Prior to issuance of
Developer
Water District to determine the exact location of existing underground water supply facilities and submit an action
demolition/grading permits;
plan to prevent damage to facilities left on the project site or interfere with their operation. The project developershall
I
pay their fair share amount far the necessary farilifies to arrnmmndaig prniect-related watgr Smppliaa, Thane
jrapacity charges are evaluated on a case by-case basis depending on the meter size. The fee evaluation may be
adjusted accordingly based on peak flow tests performed once meters are installed. (Sites 1-5)
Prior to the issuance of demolition/grading permits, the project developer shall submit grading plans to the City that
Poor to issuance of
Developer
reflect the undergrounding of utilities servingthe proposed project site. (Sites 1-5)
demolition/grading permits
+ Prior to the issuance of demolition/grading permits, the project developer shall coordinate with Southern California
Prior to issuance of
Developer
I
--- _ _--Edison loAelertnineThe exact ocaton o a women am e>f cin'cal facilifies.All efecTncaf aaccrldre—an d
demolitionlgrading permfs
--"- - " " -
----- -- -- - I
associated structures to be left on project site shall be protected from damage by the project developer. (Sites 1-5)
Prior to the issuance of demolition/grading perai ts, the project developer shall coordinate with Southern California
Prior to issuance of
Developer
Gas Company to determine exact locations of all underground natural gas facilities. All gas pipelines and associated
demolition/grading permits
structures to be left on the project site shall be protected from damage by the project developer. (Sites 1-5)
• Prior to the issuance of demolition/grading permits, the project developer shall coordinate with Comcast Cable to
Prior to issuance of
Developer
i determine exact locations of all underground cable facilities. All cable lines and associated structures to be left on the
demolition/grading permits
project site shall be protected from damage by the project developer. (Sites 1-51
I . Prior to the issuance of demolition/grading permits, the project developer shall coordinate with AT&T California to
Prior to issuance of
Developer
determine exact locations of all underground telephone facilities. All telephone lines and associated structures to be
demolitionlgrading permits
left on the project site shall be protected from damage by the project developer. (Sites 1-5)
Prior to issuance of demolition/grading permits, the project developer shall prepare a haul trate pian for removal of
Prior to issuance of
Developer
construction debris and a consfniction soil reduction plan to reduce the amount of excavated soil waste. (Sites 1-5)
demo6lion/grading permits
Mitigation Measures
Prior to issuance of
Developer
U-1 Prior to the issuance of grading permits for Site 1 -Segerstrom Town Center, the project developer will prepare
grading permits
plans for OCSD and CMSD's review and approval, for one of the following options to redirect wastewater lows
to a northerly direction from Site 1,
• Option 1 - Construct a new manhole south of the existing 15-inch stub_ Plug existing southerly connection in
Park Center Drive to direct wastewater flows into file Sunflower Interceptor.
• Option 2- Construct anew manhole south of the existing 84-inch manhole and anew 8-inch sewer line in
Sunflower Avenue. Abandon the existing 8-inch sewer line
Exhibit "C"
Preliminary Master Plan PA -05-52 for Site 2 -Orange County Museum of Art
PRELIMINARY MASTER PLAN
Site 2 — Orange County Museum of Art (1.64 acres)
Project Location
605 Town Center Drive
Property Owner
Orange County Performing Arts Center
Authorized Agent
Judy Morr/Kerry Madden
OCPAC, 600 Town Center Dr.
Costa Mesa, CA 92626
PROJECT DESCRIPTION:
• Existing unbuilt entitlement —140,000 -sq. ft. art museum/academy
• Existing uses to be demolished — None existing
• Proposed development — Addition of 80 residential units in addition to the art
museum/academy
• Maximum building height — 306 feet above mean sea level as determined by FAA
FAA No Hazard Determination
FAA No Hazard Determination was issued on October 18, 2006, which established a maximum
building height of 306 feet above mean sea level (272 to 275 feet above ground level) for the
high-rise museum building at 605 Town Center Drive.
Notes: In the final master plan discretionary review process, the applicant may seek additional
building height pursuant to the North Costa Mesa Specific Plan (e.g. maximum 315' AGL for
South Coast Plaza Town Center, maximum 280' AGL for The Californian at Town Center, and
maximum 306' AGL for Symphony Towers) provided that the applicant has obtained from the
Federal Aviation Administration's Determination of No Hazard for the revised building height.
The FAA No Hazard Determination shall be obtained prior to the City's final action on the final
master plan. Amendments to the Costa Mesa 2000 General Plan and North Costa Mesa
Specific Plan are not necessary to accommodate additional building height as specified in the
North Costa Mesa Specific Plan.
U
4
Site 2 - ®range County Museum of Art
Developer: Orange County Performing Arts Center
Address: 605 Town Center
Site 2 - Orange County Museum of Art
��City of Costa Mesa
North Costa Mesa High -Rise Residential Project Program EIR
CILBfk1m ADP., G ASSOCIATES