HomeMy WebLinkAbout07 - PH-2 - Public Hearing for Vacation of Portion - 11/21/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 21, 2017 ITEM NUMBER: PH -2
SUBJECT: PUBLIC HEARING FOR THE VACATION OF A PORTION OF SIDEWALK AND
LANDSCAPE EASEMENT AT 585 AND 595 ANTON BOULEVARD
DATE: NOVEMBER 9, 2017
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714) 754-5335
RECOMMENDATION
Adopt Resolution ordering the vacation of a portion of Sidewalk and Landscape Easement
at 585 and 595 Anton Boulevard (Attachment 1).
2. Authorize execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
BACKGROUND
On October 17, 2017, the City Council adopted Resolution No. 17-68 declaring its intention to
order the vacation of a portion of sidewalk and landscape easement at 585 and 595 Anton
Boulevard, and setting this public hearing (Attachment 3). This portion of 25 -foot -wide sidewalk
and landscape easement is adjacent to the property at 585 and 595 Anton Boulevard. The
vacation of the easement is being requested by the property owners, JKS-CMFV, LLC and AMS
CRAIG, LLC. in conjunction with the "Symphony Apartments" development. The development
will be a 393 -unit 6 -story residential apartment complex with a subterranean parking structure
providing 731 parking spaces. Small retail stores will also be included with a total of 4,104 retail
square feet. (Attachment 4).
On October 13, 2014 the Planning Commission reviewed and approved the proposed vacation as
required by Government Code Section 65402. Subsequently, on November 18 2014, the City
Council adopted Resolution No. 14-74 (Attachment 5) which included the findings that the
proposed vacation of the sidewalk and landscape easement is consistent with the City's General
Plan.
The City's Bikeway and Walkability Committee reviewed the request for the subject easement
vacation on October 4, 2017, and approved it with a 9-2 vote, with one -member abstaining.
ANALYSIS
Anton Boulevard is currently designated on the Master Plan of Streets & Highways as a Major
Arterial (104 feet wide). It is currently at its full right-of-way width with an additional 25 -foot
landscape easement on both sides of the street. There is currently a Class 1 bike path along
the north side of Anton Boulevard. Neither the existing bike facilities nor pedestrian access will
be impacted by this request to vacate the south side sidewalk and landscape easement
adjacent to the project on Anton Boulevard. In addition, the developer will be rededicating a 7 -
foot -wide sidewalk easement to the City along Anton Boulevard. The total street sidewalk
parkway will be 14 feet wide which includes the existing 7 -foot street right-of-way along with the
new 7 -foot -wide sidewalk easement dedication (Attachment 6).
After the proposed vacation is approved and recorded, the subject vacated property will revert
back to the adjacent property at 585 and 595 Anton Boulevard.
ALTERNATIVES CONSIDERED
The City could retain the sidewalk and landscape easement and continue to be responsible for its
maintenance and safety. However, this is contrary to prior Planning Commission and City Council
approvals and could impact project development.
FISCAL REVIEW
Once the area is vacated it becomes taxable square footage, resulting in additional property taxes
to the adjacent property owner to which the land will revert. This will result in additional revenue to
the City.
LEGAL REVIEW
The City Attorney's Office has approved the attached Resolution of Intent as to form.
CONCLUSION
Staff recommends that the City Council adopt the Resolution ordering the vacation of a portion
of sidewalk and landscape easement at 585 and 595 Anton Boulevard. In addition, staff
recommends that the City Council authorize execution of the Quitclaim Deed by the Mayor and
the City Clerk
RAJA SETHURAMAN
Public Services Director
BALTAZAR M EJ IA
City Engineer
ATTACHMENTS: 1 — Resolution ordering the vacation of a portion of Sidewalk and
Landscape Easement at 585 & 595 Anton Blvd.
2 — Quit Claim Deed
3 — Resolution No. 17-68
DISTRIBUTION
4 — Site Plan
5 — Planning Commission Resolution No. PC -14-74
6 — Parkway Cross Section
City Manager
Assistant City Manager
City Attorney
City Clerk
F,
ATTACHMENT 1
RESOLUTION NO. 17 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ORDERING THE
VACATION OF A PORTION OF SIDEWALK AND
LANDSCAPE EASEMENT ADJACENT TO 585 and 595
ANTON BOULEVARD
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa did, on the 17TH day of
October, 2017, adopt Resolution No. 17-68, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE VACATION OF A PORTION OF SIDEWALK AND
LANDSCAPE EASEMENT ADJACENT TO 585 AND 595 ANTON BOULEVARD; AND
WHEREAS, pursuant to said Resolution of Intention, the time and place for
hearing all persons interested in or objecting to the proposed vacation was set for
Tuesday, the 21St day of November, 2017, at 7:00 p.m., in the Council Chambers of
City Hall, 77 Fair Drive, Costa Mesa, California; and
WHEREAS, notices of said proposed vacation were duly and regularly posted as
required by law, all pursuant to the provisions of Section 8300 et seq. of the Streets and
Highways Code of the State of California; and
WHEREAS, on said date of hearing, the proposed vacation came on regularly to
be heard; all persons appearing on the proposed vacation were heard; and said hearing
was closed on the 21St day of November, 2017; and
WHEREAS, the original 1984 dedication per Easement Deed 84-003372 is in
excess of the City's needs for sidewalk and landscape purposes and there are no other
public facilities located within said easement area. The purpose of this vacation is
based on a review of the current and future needs of the City and to vacate the portion
of said easement land to the underlying fee owner. The easement being vacated is not
useful for landscape or sidewalk purposes, is unnecessary for present or future public
use, and the vacation serves the public interest and is a public benefit. The vacation will
also benefit the neighborhood with new improvements.
WHEREAS, the Costa Mesa City Council finds and determines from all the evidence
submitted that the hereinafter described easement is unnecessary for present or
prospective landscape and sidewalk purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDER AND RESOLVE AS FOLLOWS:
1. That the hereinafter described easement is unnecessary for present or
prospective landscape and sidewalk purposes:
All as more particularly described in legal description shown in Exhibit "A" and on map
shown in Exhibit "B", attached hereto and by this reference made a part hereof.
PASSED AND ADOPTED this 21St day of November, 2017.
ATTEST:
Brenda Green, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
2
Sandra L. Genis, Mayor
APPROVED AS TO FORM
Thomas Duarte, City Attorney
I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, hereby certify
that the above and foregoing Resolution No. 17- was duly and regularly passed
and adopted by the said City Council at a regular meeting thereof held on the 21St day
of November, 2017, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 22nd day of November, 2017.
Brenda Green, City Clerk
3
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF THAT CERTAIN 25.00 FEET WIDE EASEMENT FOR SIDEWALK
AND LANDSCAPING PURPOSES, IN THE CITY OF COSTA MESA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, GRANTED TO THE CITY OF COSTA MESA BY
DEED, RECORDED JANUARY 4, 1984 AS INSTRUMENT NO. 84-003372, LYING WITHIN
PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL -05-03, RECORDED SEPTEMBER 19,
2005 AS INSTRUMENT NO. 2005000738603, ALL IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
CONTAINING 20,764 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
� LAND
DATED THIS l2 DAY OF . 2017. �`l L DSF(�o��`��
�S 5341 �P
qTF OF CA1-�F���
i
ANTON BOULEVARD
VACATED PER INST. NO.
2008000082004, O.R.
ANTON BOULEVARD
o
N
Q 25.00' SIDEWALK AND LANDSCAPE I
EASEMENT GRANTED TO THE CITY OF c
Lu N COSTA MESA, RECORDED JANUARY 4, N
1984 AS INST. NO. 84-003372, O.R.
LL -
0 PARCEL 1
Ld LLA 05-03
:3 INST NO. 2005000738603
Z
Q
SCALE: 1" = 100'
I
j1 DENOTES AREA OF VACATION
_1111' EXHIBIT 'B' DA 7E- 09/22/14
111111 _ F U SCO E LANDSCAPE & ACATION OF A PORTION SIDEWALK EASEMENT JN.- 703.002.01' s9lF OF 53 IFO���r
E N G I N E E R I N G SOUTH COAST METRO
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M:\MAPPING\703\02\LEGALS\LANDSCAPE-VACATION\703-002 VACATION.DWG (09-12-17)
Recording Requested by CITY OF COSTA MESA
When Recorded Mail to:
CITY OF COSTA MESA
Attention - City Clerk
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628-1200
Mail Tax Statements to:
Owner (s) of Record
APN: 410-501-30
TCA: 15-036
Location: 585 & 595 ANTON BOULEVARD
QUITCLAIM DEED
ATTACHMENT
Deed No.: 3852
Exempt Recording Requested per
Government Code 27383
(AS TO ANY AND ALL EASEMENT RIGHTS)
THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE.
GOVERNMENTAL AGENCY EXEMPT CITY OF COSTA MESA
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Costa Mesa, a Municipal Corporation
do/does hereby remise, release and
SEE
forever
quitclaim to
JKS-CMFV, LLC, a
Delaware limited liability company,
in the
amount of
54.488% and AMS
CRAIG, LLC, a Delaware limited
liability
company,
in the amount of
45.512% the following described real
property subject to
reversion rights as
recognized by State and local law,
in the
City of Costa
Mesa, County of
alifornia:
Orange, State of California.-
SEE RESOLUTION NO.17- RECORDED , 2017
AS INSTRUMENT NO. OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER,
ORANGE COUNTY, CALIFORNIA, ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF
THE SUBJECT PROPERTIES.
ATTEST:
City Clerk of the Mayor of the City of Costa Mesa
City of Costa Mesa
Dated: Dated:
ATTACHMENT 3
RESOLUTION NO. 17-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF
SIDEWALK AND LANDSCAPE EASEMENT ADJACENT TO 585 AND 595 ANTON
BOULEVARD
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa does hereby declare its
intention to vacate a portion of its interest in Sidewalk and Landscape easement at 585
and 595 Anton Boulevard, being more particularly described in Exhibit A and B attached
hereto. The original 1984 dedication per Easement Deed 84-003372 is in excess of the
City's needs for sidewalk and landscape purposes and there are no other public
facilities located within said easement area. The purpose of this vacation is based on a
review of the current and future needs of the City and to vacate the portion of said
easement land to the underlying fee owner. The vacation will benefit the neighborhood
with new improvements.
SECTION 2. On October 13, 2014, the proposed vacation of the Sidewalk and
Landscape easement was referred to the City of Costa Mesa Planning Commission
pursuant to Government Code Section 65402(a) and the Planning Commission
determined that said vacation would be in conformity with the adopted City General
Plan; and based on all of the information and evidence submitted the City Council finds
that vacation of the Excess sidewalk and landscape easement is consistent with the
City's general plan;
Resolution No. 17-68 Page 1 of 5
SECTION 3. On Tuesday, the 21St day of November, 2017, at 7:00 p.m., in the
Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, is hereby fixed as
the time and place for hearing all persons interested in or objecting to the proposed
vacation.
SECTION 4. These proceedings shall be conducted pursuant to the provisions
of Section 8300 et seq. of the Streets and Highways Code of the State of California,
and any other applicable laws.
SECTION 5. The City Chief Executive Officer of the City of Costa Mesa is
hereby directed to cause notices of the said proposed vacation to be conspicuously
posted along said strip of land for at least two (2) weeks before the date of said hearing.
Said notices shall be posted not more than three hundred (300) feet apart, but in no
event shall fewer than three (3) notices be posted.
SECTION 6. This Resolution shall be published twice in a newspaper of general
circulation, printed and published in the City of Costa Mesa, Orange County, California.
PASSED AND ADOPTED this 17th day of October, 2017.
, Mayor
ATTEST: APP RED f�S TO FORM:
II/
Zu&44 (2Lff 4A—
Brenda Green, ity Clerk l I`iomas Duarte, City Attorney
Resolution No. 17-68 Page 2 of 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 17-68 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 17th day of October, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Mansoor, Righeimer, Stephens, Genis, and Foley
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 18th day of October, 2017.
Resolution No. 17-68 Page 3 of 5
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF THAT CERTAIN 25.00 FEET WIDE EASEMENT FOR SIDEWALK
AND LANDSCAPING PURPOSES, IN THE CITY OF COSTA MESA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, GRANTED TO THE CITY OF COSTA MESA BY
DEED, RECORDED JANUARY 4, 1984 AS INSTRUMENT NO. 84-003372, LYING WITHIN
PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL -05-03, RECORDED SEPTEMBER 19,
2005 AS INSTRUMENT NO. 2005000738603, ALL IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
CONTAINING 20,764 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
� ��S�Q LAND S(jp
DATED THIS �� DAY OF2017,.
Resolution No. 17-68 Page 4 of 5
�4111e-
�5akvl�e
ANTON BOULEVARD
VACATED PER INST. NO.
2008000082004, O.R.
ANTON BOULEVARD
b
25.00' SIDEWALK AND LANDSCAPE
lb
EASEMENT GRANTED TO THE CITY OF
id COSTA MESA, RECORDED JANUARY 4.
1984 AS INST. NO. 84-003372, O.R.
PARCEL 1
LLA 05-03
INST NO. 2005000738603
SCALE 1" = 100'
IvT/j� DBrOTEB AREA OF VACATION
"'`
E)(HW 'g DATE09/22114
F U SC.O E VACATION OF A PORTION OF SCALE: 1' --100'
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ATTACHMENT 4 CONT.
PROPOSED SIDEWALK AND LANDSCAPE
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ATTACHMENT]
RESOLUTION NO. 14-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING ADDENDUM TO NORTH COSTA MESA HIGH RISE
RESIDENTIAL PROJECT EIR NO. 1052 AND FINAL MASTER PLAN PA -14-11 FOR
393 -UNIT SYMPHONY APARTMENTS AT 585 AND 595 ANTON BOULEVARD IN A
PDC ZONE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the Symphony Apartments project ("Project") is a six -story, 393 -unit
apartment complex (66 feet maximum height) at a density of 81 dwelling units per acre
with 731 parking spaces within a parking structure, along with the following:
1. Addendum to Final Program EIR. Final Program Environmental Impact
Report No. 1052 was prepared in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of
Costa Mesa Environmental Guidelines. Council certified the Program EIR on
November 21, 2006 by adoption of Resolution No. 06-93. Since the project's
revision is within the scope of the projects reviewed by EIR No. 1052 and new
environmental impacts are not identified with the project, an Addendum to the
EIR vJaS prepared by CAA Planning in September 2014.
2. Final Master Plan PA -14-11: an application for: (a) demolition of two
restaurant buildings (17,529 square feet) and 373 surface parking spaces; (b)
construction of two midrise residential buildings connected with a pedestrian
bridge consisting of 393 apartment units, six stories high above grade (66 feet
average, 75 feet maximum at the lobby) with one subterranean parking
structure that will provide a total of 731 parking spaces (699 standard, 15
tandem and 17 compact spaces) to accommodate the residential units and
Resolution No. 14-74 Page 1 of 7
4,104 square feet of retail (722 spaces required) and mu!tip!e on-site
amenities such as three outdoor decks, two pools and spas, and fitness
rooms; (c) deviation from the perimeter open space requirement along Anton
Boulevard (20 feet required, 7 feet proposed) and Avenue of the Arts (2n feet
required, 8'6" proposed); (d) Administrative Adjustment to allow encroachment
of upper levels of buildings and balconies (Level 3 and above) in the perimeter
open space (20 feet required, 12 feet proposed); (e) vacation of a portion of
25-foot Landscape and Sidewalk Easement ("Easement") along Anton
Boulevard frontage (7 feet landscaped setback proposed, 20 feet setback
provided to building on the ground floor containing stoops and landscape
walls); and, (f) a throe-year entitlement for PA-14-11
WHEREAS, Costa Mesa Municipal Code Section 13.29(q) provides that `Unless
otherwise stated in the Zoning Code, applications for proposed projects which require two
or more planning application approvals, may be processed concurrent. Final project
approval shall not be granted until all necessary approvals have been obtained";
WHEREAS, the request for the vacation of a portion of the Landscape and
Sidewalk Easement (from 25 feet to 7 feet) and approval of the Final Master Plan are
inexorably linked in that the vacation of the Easement will determine building setbacks
and location of stoops, landscape walls, steps and ground floor patios. City Council shall
serve as the final review authority on the vacation of the Easement;
WHEREAS, the City Council may consider and approve a Park Mitigation
Agreement by separate Council resolution to mitigate parkland impacts from the
proposed project;
Resolution No. 14-74 Page 2 of 7
WHEREAS, General Plan Amendment GP -06-02 and Zoning Code Amendment
CO -06-05 were required to allow high-rise residential development in the Planned
Development Commercial (PDC) zoning district and to specify exterior noise standards
for certain outdoor common recreational amenity areas of a high-rise residential
development. The proposed project conforms to the General Plan and Zoning Code,
as amended in January 2007;
WHEREAS, the Final Master Plan establishes a mid -rise residential
development option that complies with the total number of residential units and non-
residential building square footage identified for this sub -area in Area 6 of the North
Costa Mesa Specific Plan, as amended per SP -06-02;
WHEREAS, the Addendum to the certified Final Environmental Impact Report
("EIR") No. 1052 was prepared by CAA Planning in September 2014 and provided as
an attachment to the Planning Commission staff report dated October 13, 2014;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on October 13, 2014 to allow for public comment on the proposed project and the
Addendum to the Final Program EIR and with all persons having been given the
opportunity to be heard both for and against the proposed project;
WHEREAS, the Planning Commission recommended approval of the
Addendum to Final Program EIR and Final Master Pian PA -14-11 on October 13, 2014;
WHEREAS, a duly noticed public hearing was held by the City Council on
November 18, 2014 to allow for public comment on the proposed project and the
Addendum to the Final Program EIR and with all persons having been given the
opportunity to be heard both for and against the proposed project;
Resolution No. 14-74 Page 3 of 7
WHEREAS, the City Council has reviewed all environmental documents
comprising the Final Program EIR and has found that the Addendum to the EIR considers
all environmental impacts of the proposed project and a reasonable range of alternatives,
and the Addendum to the EIR is complete_ adeauatp and f„ Iv rmmnliant with qII
requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental
Guidelines;
WHEREAS, the Addendum to the Final Program EIR No. 1052 constitutes project-
specific environmental analysis for the revised midrise residential project at 585-595
Anton Boulevard, and no additional environmental review is required prior to construction
of the proposed project;
WHEREAS, as condition of apprnval fnr the Prnject, the applicant is required to
obtain, prior to the issuance of building permits, a current and valid Determination of No
Hazard from the Federal Aviation Administration ("FAA"). The previous Determination of
No Hazard was issued on October 17, 2006, which established a maximum building
height of 306 feet above mean sea level for the proposed high-rise residential towers at
585 and 595 Anton Boulevard.
WHEREAS, the California Government Code 65402, requires the City of Costa
Mesa shall not acquire, use, or dispose of any real property until the use of the property
has been found in conformance with the City's General Plan;
WHEREAS, the proposed vacation of easement along Anton Boulevard has
been reviewed by the Engineering and Transportation Services Divisions, and based on
the existing land use and circulation configuration, Given that this portion of the
Resolution No. 14-74 Page 4 of 7
easement serves no public street and/or highway purposes, the proposed action will not
impact the City's transportation system plan.
WHEREAS, the subject modification to the easement adjacent to properties at
585 and 595 Anton Boulevard is shown in Exhibit D;
WHEREAS, the City Council has determined that the proposed vacation of a
portion of the Landscape and Sidewalk Easement from 25 feet to 7 feet is in
conformance with the General Plan.
WHEREAS, the reduced easement meets the intent of the 1984 Open Space
Easement by retaining areas for passive recreation purposes that will be improved with
landscape and hardscape features preserving the open space character and adding to
amenities of living in neighboring urbanized areas.
WHEREAS, a parkland impact fee shall be assessed per unit pursuant to a Park
Mitigation Agreement between the property owner and the City of Costa Mesa.
Parkland impacts from the proposed new residents of the Symphony Midrise Apartment
project shall be reduced to below a level of significance based on the joint consideration
of the level of on-site amenities and the parkland impact fee in the Park Mitigation
Agreement. Specifically, the combination of these shall mitigate the park impacts of the
proposed project. Quimby Fees shall no longer apply to the project unless the project is
developed as condominium units.
BE IT RESOLVED that the City Council does hereby find the proposed vacation
of excess right-of-way in conformance to the City of Costa Mesa 2000 General Plan.
BE IT FURTHER RESOLVED that, based on the evidence in the record and the
findings contained in Exhibit A, and subject to the conditions of approval contained in
Resolution No. 14-74 Page 5 of 7
Exhibit B and mitigation measures contained in Exhibit C, the City Council herehy
APPROVES the Addendum to Final Program EIR No. 1052 and Final Master Plan PA -
14 -11.
RF IT FI IRTHFR RF.,;fli \/ED that the Cost- NAPza City (..n"inCll rine-ns hereby find
and determine that adoption of this Resolution is expressly predicated upon the activity
as described in the staff report for Planning Application PA -14-11 and upon the
applicant's compliance with each and all of the conditions / mitigation measures in
Exhibits "B" and "C" and compliance of all applicable federal, state, and local laws. Any
approval granted by this resolution shall be subject to review, modification or revocation
if there is a material change that occurs in the operation, or if the applicant fails to
Comply 'v1'it i any of the is Conditions of approval.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause,
phrase or portion of this resolution, or the documents in the record in support of this
resolution, are for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining provisions.
PASSED AND ADOPTED on this 18th day of November, 2014.
ATTEST:
APPROVED AS TO FORM:
Brenda Green, dity Clerk Thor4i ua e, ity Attorney
Resolution No. 14-74 Page 6 of 7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above Council Resolution Number 14-74
as considered at a regular meeting of said City Council held on the 18th day of
November, 2014, and thereafter passed and adopted as a whole at the regular meeting
of said City Council held on the 18"' day of November, 2014, by the following roll call
vote, to wit:
AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Mensinger, Righeimer
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 18th day of November, 2014.
Brenda Green, ity Clerk
Resolution No. 14-74 Page 7 of 7
CONSTRUCTION
R/W
53'
11 n;
W
EXISTING
8 " CURB
& G UTTER
PLANTING AREA
ATTACHMENT 6
PROPOSED ROADWAY,
IDEWALK, & LANDSCAPE
EASEMENT
7.0' 1 1
1 20' PERIMETER
I OPEN SPACE
6.0'_ 1 16.3' 8.0'
PA
`- SIDEWALK
25.0' MIN. "LANDSCAPE AND
SIDEWALK EASEMENT" 1
RECORDED IN 1984
PROPOSED EASEMENT VACATION AREA
NORTH SIDE OF BUILDING A
TO ANTON BOULEVARD N. T. S.