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Home My WebLink About07-11 - Approving Preliminary Master Plan PA-05-47 (Symphony Towers High-Rise Residential Project)RESOLUTION NO. 07-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PRELIMINARY MASTER PLAN PA -05-47 FOR THE SYMPHONY TOWERS HIGH-RISE RESIDENTIAL PROJECT AT 585 ANTON BOULEVARD IN A PDC ZONE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by J.K. Sakioka Company/Stockbridge/SouthCoast/AMS Craig requesting City Council approval of Preliminary Master Plan PA -05-47 in Area 6, South Coast Metro Center, of the North Costa Mesa Specific Plan area; WHEREAS, Preliminary Master Plan PA -05-47 for the Symphony Towers involves the following: (a) demolition of 17,529 sq.ft. of existing restaurants, (b) conversion of an unbuilt 300 -room hotel entitlement, (c) construction of a maximum of 484 residential high-rise units within two high-rise structures and two mid -rise structures, with additional 6,000 sq.ft. of ancillary retail at 585 Anton Boulevard in a PDC 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 6 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 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. WHEREAS, duly noticed public hearings were held by the Planning Commission on August 14, 2006 and September 11, 2006 and by the 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 Planning Commission 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 E Code Amendment CO -06-05, and North Costa Mesa Specific Plan Amendment SP -06- 02, by separate resolutions; WHEREAS, the Planning Commission also recommended approval of the Preliminary Master Plan by Resolution No. PC -06-70; 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 adopted 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 -05-47 (Exhibit "C") with respect to the property described above. BE IT FURTHER RESOLVED that the City Council finds and determines that its approval of Preliminary Master Plan PA -05-47 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 9 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: Jui Folcik, City Clerk �&'l z Allan R. Mansoor, Mayor APPROVED AS TO FORM: 4ILg Kimberly Nall Barlow, City Attorney 151 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. 07-11 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. (SEAL) JUKIt FOLCIK, CITY CLERK 5 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 0 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 structures have 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 31, 2006, or most current FAA Determination of No Hazard. The FAA No Hazard Determination issued on October 31, 2006 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. 7 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 �};ECGaENI!B�E;R 7',0'0.;6 Mitigation Monitoring and Reporting Program North Costa Mesa High -Rise Residential Projects The North Costa Mesa Higb-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 20D6. 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. 1 A responsible party for implementing the required mitigation is identified. In each case, unless otherwise indicated (as in Mitigation Measures 0-2 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, 3. 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 / 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) certificate 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 Prior to issuance of building permits, the developer shall submit an electrical engineers photometric 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 light and glare to residents. (Sites 1-5) The Lighting Plan shall demonstrate compliance with the following: (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 foot-candle at the property line of the surrounding neighbors, consistent with the level of lighting 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 mitigation measures are required. Air Quality Conditions of Approval - SCACMD 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. Particulate 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 wafered such that a crust phases will be formed on the ground surface and then watered again at the end 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) 1 phases Conditions of Approval /Mitigation Measures _ Timing Responsible Party Date Completed . Mitigation Measures A11-1 Prior to commencement of construction activities, projecl applicants shall idenl9y io the Cily a construction Poor to commencement of Developer relations ofGcerto 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) AO -2 Prior to issuance of building permits, the project applicant shall ensure that the plans minimize ROG emissions. Prior to issuance of Developer Building permits for the project shall specify and require the use of pre -coaled building_ materials, use of all high building permits pressure -low 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 projecl applicant shall comply with measures set forth in the Slonn During all consWction Developer Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. (Sites 1-5) 1 phases Conditions of Approval 1 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 Priorto 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 Ian. Sites 15 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: • Segersirom 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 Bdstol 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 Defenfiination was issued on October 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 North Costa Mesa Specific Plan (e.g. maximum 315' AGL for South Coast Plaza Town Center, maximum 28(YAGL 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 Speck 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 Determination Pdor to approval of Developer fora proposed high-rise building at a building height at or below the maximum building height as established in the I preliminary Master Plan North Costa Mesa Specific Plan. The applicant's 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 Site 5): Development Agreement DA -00-04. The Developer shall work v4th John Wayne Airport and City staff on a'Grant of Avigation Easement' for a specified PdOrte 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 or from 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 project's 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 buyer's notice, as follows: 'Notice of Airport in Vicinity: The Development Services Director shall review/approve the buyers notice for form and substance prior to issuance of a building peril. 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 annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitive to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if 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 Conditions of Approval I Mitigation Measures_ Timing Responsible Pa ty Date Completed Mitigation Measures No mitigation measures 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 andfor retrofitted for seismic resistance in compliance with all relevant recommendations far 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) Mitigation Measures G-1 Prior to the issuance of a grading permit the project developers shall prepare a site specific final geotechnical Prior to issuance of Developer invesligalion, including an evaluation, analysis, and mitigation recommendations for the issues identified in the grading permit i NMG Geolechnical 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 ground motion. All recommendations shall be incorporated into the final grading plan for the project. (Sites 1-5) G2 Dmtug grading operations, special handiing of on-siie Solis shall be required due to high moisture content of the soils. The City of Costa Mesa shall monitor the contractor to ensure stabilization the during During grading operations Developer grading of soils 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 appropriate design be incorporated into the project design to mitigate potential settlement hazards and liquefaction beneath building permits the proposed structures. (Sites 1-5) - G-4 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 will) the shallow groundwater table in the area. (Sites 1-5) 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) G-6 Prior to the issuance of grading permits, the project developers shall ensure [hat provisions set fodh in the Final Prior foissuance of Developer Geolechnical Investigation Report regarding dust control measures during site preparation., grading, and grading permits construction are incorporated into the final construction specifications for the project silo (Sites 1-5) Hazards and Hazardous Materials Conditions of Approval NO standard conditions of approval were identified. i Mitigation Measures HH -1 Prior to the approval of the Master Plan, the project proponents for all development sites shall prepare and Prior to Master Plan 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 contaminalion. (Silos 1, 2, 4) HH -2 Prior to the issuance of demolition/grading permits, the project proponen(s shall fully comply with the Prior to issuance of Developer recommendations of the Phase I report and shall consult and comply with the California Depadmenl of Toxic I Substances Control demolitionlgrading permits I I (DTSC) guidelines for oversight, (Sites 1-5) ___ I Conditions of Approval I Mitigation Measures Timing Responsible Party Date Completed I _ HH-3 Prior to the issuance of building permits for any site requiring remediation of soils or groundwater. as specified by Prior to issuance of I Developer I the Phase I ESA, or DTSC as a contaminated site, the developer shall submit a "leder of case closure" from the building permits I Orange County Health Care Agency and/or the California Department of Toxic Substances Control (DTSC) 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 1981 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 asbestos abatement contractor under the supervision of a certified asbestos consultant Asbestos shall be removed and disposed of in compliance with applicable stale tarns. (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, d 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 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. " itigatibn-Measures WO-1 Prior 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 Developer i land, the applicant shall demonstrate that coverage has been obtained under California's General Permit for grading permits Storm Water Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NO1) 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 this requirement shall prepare and implement a Storm Water Pollution Prevention Plan (SVVPPP). A copy of the current SWEEP shall be kept at the project site and be available for City review on request. (Sites 1-5) WO-2 Prior to the issuance of any grading permits, the applicant shall submit to the City for review 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 Rouline 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, • identities the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. _ Conditions of Approval 1 Mitigation Measures Timing Responsible Party Completed _ WO -3 Prior to issuance of building permits, the project developers shall provide proof of an NPDES permit from the Prior to issuance of Developer RWOC13, consistent with Order No. R8-2004-0021 and NPDES No. CAG998002, to the City of Costa Mesa for building permits Dewatering activities- (Sites 1-5) W0-4 Prior to the issuance of building permits, the project developers shall verity that structural BMPs have been Prior to issuance of Developer permanently incorporated into the project plans. Such efdPs shall ensure that pollutants from project -related building permits. storm water runoff are mitigated consistent with applicable stale and local standards. (Sites 1-5) V0- WQ-5 Prior to the issuance of grading permits, the project developers shall pay drainage impact fees to the City of Prior to issuance of Developer Costa Mesa. Drainage impact fees are to be adopted in August 2006 and are currently estimated at $12,000 per grading permits i acre_ The project developer shall be responsible for the drainage impact fees that are in place at the time grading 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 Developer and approval. The Drainage Plan shall define the exact size and location of drainage facilities_ and shall address grading permits standing water on the project site during project grading. (Sites 1-5) Land Use Conditions of Approval • Prior to site plan approval, project applicants shall submit to the City of Costa Mesa for review and approval of project Prior to site plan approval Developer ' plans that comply with the Development Standards as set forth in the North Costa Mesa Specific Plan and Zoning by City i Code. in addition, the developments will be subject to all standard conditions of approval imposed by the City of Costa Mesa. (Sites 1-5) Ir. Master. Plan.approval-is- contingent -upon-City-GOunGil's-final-approval of -the -General -Plan Amendment-GP=06=02- - _ Prior-tosite planappmvah- Developer-- - - - - -- North Costa Mesa Specific Plan Amendment SP -06-02, and Zoning Code Amendment CC -06-05. Master Plan by City approval shall not become effective until all these other discretionary approvals are final and'oecome effective. Mitigation Measures No mitigation measures are required. Noise Conditions of Approval • Excludina Site 2—the Orange County Museum of Art, Contractor shall ensure that construction activities comply with During all construction Developer the City's Noise Ordinance. Exceptions may be made for aclivilies that will not generale noise audible from off-site, phases such as painting and other quiet interior work. (Sites 1.3.4.5) For Site 2—the Orange County Museum of Art, the restrictive hours for construction activities as similarly monitored During all construction Developer during file construction cf the Segerstrom Symphony Hall would be applicable. For Site 2, all construction -related 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. Saturday. Construction is prohibited on Sundays and federal holidays. Exceptions may be made for activities that will not 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 inferior noise level to a CNEL of 45 d8 or less, and should be determined by a qualified acoustical consultant as part of the final engineering design of the project. (Sites 1-5) - r Conditions of Approval I Mitigation Measures Timing 1 Responsible Party I Date Completed • Prior to issuance of building permits, applicant shall ensure that Plans reflect mechanical verlilation at all of the Prior to issuance of Developer i proposed residential buildings since the inferior CNEL sumeard of 45 d 3 is to be mel 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) Population, Employment, and Housing Conditions of Approval No standard conditions of approval were identified. Mitigation Measures No mitigation measures are required. Public Services Conditions of Approval Prior to the issuance of building permits, the project developer shall submit project designs and specifications for Prior to issuance of Developer review and approval by the Costa Mesa Fire Department with respect to compliance with all standard conditions for building permits 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 J. --- Marshal-(Siles 1=5) .___..- --—_—.--.—--...._ .-- --- building permits -_. _ ----p- _ ._ _-----..—___.-- ; Each project development shall provide sufficient capacity for lire flows required by the Costa Mesa Fire Department. Prior to issuance of Developer (Sites 1-5) building permits i Vehicular access shall be provided and maintained as serviceable, throughout construction, to all required fire Prior to issuance of Developer hydrants. (Sites 1-5) building permits • All high-rise and mulli-family project developments shall be equipped with an automatic fire sprinkler system. (Sites Prior to issuance of Developer 1-5) building permits • The Developer shall comply with standard building and fire regulations for high-rise buildings to the satisfaction of the Prior to issuance of Developer Fire Marshal and Building Official (Sites 1-5) building permits • The Developer shall comply with the Public Safety Radio System Coverage Ordinance (included in the standard Prior to issuance of Developer building and fire regulatibns for high-rise buildings) to the satisfaction o1 the Police Chief. (Sites 1-5) building permits • 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 safely, including but not limited to, lighting, address numbers, building 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 of Developer be readily apparent from police helicopters for emergency response agencies. (Sites 15) certificate of occupancy The project developer shall pay school impact fees, which are currently calculated at a rale of $1.84 per square fool Prior to issuance of Developer for residential development and $0.30 per square fool of commercial development. (Sites 1") building permits i 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 filed with the Prior to issuance of City. ISites 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, Califomian at Town Center, only) Mitigation Measures PS -1 Prior to the issuance of building permits, the project developer shall pay its pro rata share of a new, fully Prior to issuance of Developer equipped aramedic engine, equal to $469.35 per unit to the Costa Mesa Fir Department. Sites 1-5 building ermits 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 1-5 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 buildino permits, the project developer sha!I pay pro rata shares of fees to the Costa Mesa Prior to issuance of Deve!oper 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 roject enerated traffic impacts(including regional traffic). Sites 1-5 • 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 buildin ermits. Site 15 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 borne 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 l Mitigation Measures I Timing Responsible Party Dale CompleFed T-0 During the Pinal Idaster Plan process, the developer shall be required to comply with residential parking 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 5e units and 0.25 approval spaces per unit 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 Municipal Code. (Sites 1-5) Utilities and Service Systems Conditions of Approval - Prior to the issuance of demolition/grading permits, the project developer shall demonstrale to the City of Costa Mesa Prior to issuance of Developer 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 or landfill disposal as a last Alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable matedals into the design of the project- (Sites 1-5) Prior to the issuance or 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 sile or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project -related wafer supplies. These capacity 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 Prior to issuance of Developer reflect the undergrounding of utilities serving the proposed project site (Sites i-5) demolition/grading permits - Prior to the issuance or demolitionlgrading permits, the protect developer shall coordinate with Southern California Prior to issuance of Developer - --Edison to dslermmelfie exacfloc 1iio� alun el IFun T,`doverhead eleac uc51 facilities. All aWRiicaf facilitias ana- ae�i6on gra ing permds - --" - - "--- 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 demolitionlgrading permits, the project developer shall coordinate with Southern California Prior to issuance of Developer Gas Company to delemrine exact locations of all underground natural gas facilities. All gas pipelines and associated demolitionlgrading permits structures to be [ell on the project site shall be protected from damage by the project developer. (Sites 1-5) - Prior to the issuance of demolition/gradng permits, the project developer shall coordinate with Comcast Cable to Prior to issuance of Developer 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 (Ire project developer. (Sites 1-5) - 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 demolilion/grading permits, the project developer shall prepare a haul route pian for removal of Prior to issuance of Developer construction debris and a construction soil reduction plan to reduce the amount of excavated soil waste. (Sites 1-5) demolitionlgrading 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 flows to a northedy 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 the Sunflower Interceptor. • Oplion 2 — Construct a new manhole south of the existing 84 -inch manhole and a new 8 -inch sewer line in Sunflower Avenue" Abandon Ilia existing 8 -inch sewer line *gM4TWfl Preliminary Master Plan PA -05-47 for Site 4 -Symphony Towers PRELIMINARY MASTER PLAN Site 4 — Symphony Towers (4.86 acres) Project Location 585 Anton Boulevard Property Owner Stockbridge/MMC — South Coast, LLC J.K. Sakioka Company and AMS Craig, LLC Authorized Agent George Sakioka J.K. Sakioka Company 14850 Sunflower Avenue Santa Ana, CA 92707 Patrick Tooley, Vice President Wilson Meany Sullivan 11150 Santa Monica Blvd., Suite 230 Los Angeles, CA 90025 PROJECT DESCRIPTION: • Existing unbuilt entitlement -300 -key hotel (200,950 sq. ft.) Existing uses to be demolished — 17,529 sq. ft. of restaurants (2) (including outdoor seating area) Proposed development— Conversion of 200,950 -sq. ft. unbuilt hotel entitlement and demolition of existing restaurants to construct 484 residential units and 6,000 sq. ft. of ancillary retail. • Maximum building height — 306' and 206' feet above mean sea level, as specified by the FAA No Hazard Determination. FAA No Hazard Determination 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. 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. Rp