Loading...
HomeMy WebLinkAbout97-102 - Approving Planning Application PA-97-43RESOLUTION N0.'I- /D, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -97-43. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by the City of Costa Mesa with respect to real property located in the 2500 block of Placentia Avenue, requesting approval of the Fairview Park Master Plan, in the I & R zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on November 24, 1997, and the Planning Commission recommended approval of PA - 97 -43; and 1997; WHEREAS, the City Council held a duly noticed public hearing on December 15, NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A"; and subject to conditions of approval contained in Exhibit "B", the City Council hereby adopts the Negative Declaration with revisions as outlined in the "Fairview Park Master Plan and Negative Declaration, Comments and Responses" report, and approves Planning Application PA -97-43 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity described in the staff report for Planning Application PA -97-43 and the Fairview Park Master Plan, and upon applicant's compliance with each and all conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this Resolution and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 15th day of December, 1997. ATTEST: Deputy Cit1T lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of the City of Mesa �OVED AS TO FORM CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. -1 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 15th day of December, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of December, 1997. a�2� -7- Deputy Cit Jerk and ex -officio Clerk of the City C ncil of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -97-43 A. An Initial Study was prepared, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment according to the Initial Study and Negative Declaration, which reflect the independent judgment of the City of Costa Mesa, there will not be a significant effect on the environment because mitigation measures have been incorporated into the project. B. 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. In addition, the evidence rebuts the presumption of adverse effect on such resources as described in Section 753.5(d) of Title 14, CCR because the project will result in only beneficial impacts through habitat restoration. C. The master plan meets the broader goals of the General Plan and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The Conditions of Approval and Ordinance or Code Provisions of PA -97-43 shall be blueprinted on the face of the site plans required as part of the building permit process for various phases of the project. *2. (H-1) Construction of permanent facilities as a part of the master plan shall be sensitive to drainage requirements ensuring that any grading provides proper drainage. A master plan of drainage shall be prepared and reviewed by the City's Engineering Division. Grading plans shall be reviewed by the Building Division. *3. (H-2) The fill removal activities on the bluff shall return the area to natural drainage patterns and reduce the potential for erosion. Archeological and biological resources in this area shall be protected during this process by a phasing plan incorporated into a habitat restoration plan developed in consultation with the Department of Fish and Game and the U. S. Fish and Wildlife Service. *4. (H-3) Any impervious areas such as parking lots shall include appropriate surface drainage collection facilities according to a Water Quality Management Plan required to be submitted to the Building Division. *5. (H-4) New park areas which are grassed for public use, such as picnic areas, shall be graded to ensure proper drainage. *6. (H-5) Erosion control features and best management practices shall be applied during any construction. If mesh materials are used, they shall be applied in the fall and have a very small mesh size that photo -degrades to prevent impacts to reptiles. *7. (AQ -1) Construction contractors shall comply with requirements of the SCAQMD in relation to dust control. *8. (B-1) Any habitat restoration activities shall be carefully planned and implemented according to the Fairview Park Master Plan and in consultation with a biologist familiar with the park's native plant and animal communities. *9. (B-2) To avoid potential impacts to sensitive species present or potentially present in the alluvial scrub community depicted on the FPMP, weed control activities (e.g. disking) shall be terminated until a resource management plan has been undertaken. However, prior to that time, an interim fire management plan, acceptable to both the Fire Marshal and the U.S. Fish and Wildlife Service, shall be implemented. * 10. (B-3) Upon approval of the Fairview Park Master Plan, the City shall review current management practices (e.g., weed control, vector control, mowing within vernal pools) to avoid potential impacts to biological resources identified in the master plan as being highly or moderately sensitive. (B-4) Development of the park west of Placentia Avenue including trenching for utilities, shall minimize impacts to highly or moderately sensitive resources, retain the natural topography to the extent feasible, and use only locally native plants in restoration and in other landscaping where appropriate. Activities on this side of the park shall be consistent with the NCCP Implementation Agreement if signed by the City of Costa Mesa. * 12. (B-5) Protective fencing shall be installed around Vernal Pools 1 through 6 (not necessary for pool 7) in order to prevent all types of vehicular traffic from entering the pools and also to prevent path formation created by pedestrian and bicycle traffic. * 13. (B-6) Mowing, "weed whacking" or other types of vegetation removal shall not be permitted within the delineated portion of any pool. Fencing shall be set back approximately 10 feet from the delineated pool areas to allow mowing and maintenance of vegetation along the fence line. * 14. (B-7) Disturbance of the soil is not permitted within any portion of a delineated pool for any reason without authorization from the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. (Earth -moving associated with continued restoration of covered portions of Vernal Pool 1 is permitted until the project biologist determines that restoration is complete.) *15. (B-8) Interpretive signage or a similar feature shall be developed and placed in the vicinity of the pools to educate the park users concerning the value of the vernal pool habitat. * 16. (B-9) The City shall coordinate with Orange County Vector Control to ensure that no chemicals harmful to the federally listed San Diego Fairy Shrimp are introduced into the vernal pools. * 17. (B-10) All dogs brought to the park shall be kept on leashes. Signs shall be posted informing visitors. * 18. (A-1) The core area of the archaeological site shall be cordoned off with suitable fencing to keep park visitors off of the vast majority of the midden surface, core and peripheral areas. * 19. (A-2) A walkway is recommended to guide people around the northern and western margins of the archaeological site. This pedestrian trail shall be a roadway within the midden no more than three to five meters in width. Pedestrian access to the site surface would be restricted by suitable fencing along the course of the roadway, similar to the fencing cordoning off the site boundaries. *20. (A-3) Signs shall be posted to direct people to stay outside of the cordoned area and to remain on the pedestrian trail. Park employees shall regularly inspect and note any adverse impacts. If obvious adverse effects can be documented for the pedestrian trail, a boardwalk or other suitable protective covering should become the walking surface of the trail. Other suitable cover might possibly include a two to three-foot cap of culturally sterile, chemically inactive dirt. *21. (A-4) The core area of the 'archaeological site shall be planted with vegetation indigenous to the pre -contact period habitat. *22. (A-5) The peripheral area is to be similarly planted with natural vegetation. *23. (A-6) Fill material previously dumped on Ora -58, much of it chemically active, shall be removed 'from the property in accordance with a phasing plan incorporated into a habitat restoration plan developed in consultation with the Department of Fish and Game and the U. S. Fish and Wildlife Service.. *24. (A-7) All reasonable efforts shall be made to minimize compaction damage from equipment employed to remove previously dumped material. For instance, such equipment shall not operate when the ground surface is wet, and removal equipment shall not be excessively heavy. *25. (A-8) Regarding the area around auger hole No. 48, if any subsurface disturbance of this midden deposit is anticipated, a three-foot deep cap of sterile, clean fill dirt is required for protection. If no such disturbance is anticipated, a one and a half -foot deep layer (clean sterile fill) is required as a cap. (This area is likely a westerly manifestation of Ora -506). *26. (A-9) A County -certified archaeologist shall be retained to assist equipment operators in their work to remove fill material with minimal disturbance to midden deposits. When the supervising archaeologist cannot be present on site, a qualified archaeological monitor, under the authority of a supervising archaeologist, should be in the field. The supervising archaeologist and his/her surrogate, the qualified monitor, should meet on site with those persons (administrators and field personnel) charged with the duty of fill removal. The supervising archaeologist shall explain his/her concerns and duties regarding maintenance of the scientific integrity of the cultural resources. Either the supervising archaeologist or his/her designee shall be present during fill removal in conformance with the need to monitor as assessed by the supervising archaeologist in consultation with the proper representative of the City of Costa Mesa Department of Community Services. *27. (A-10) The principal investigator understands that vegetation on the site will be removed by repeated disking and watering of the field (Bruce Newell, personal communication 1996). After each regrowth occurs, the field will be disked before the sprouted species go to seed. Disks should not penetrate the site surface any deeper than the disking that occurred when the land was farmed. This is estimated to have been not deeper than 25 cm. *28. *29. It is anticipated that disking will bring to view a variety of artifacts on the site surface. Artifacts will then be vulnerable to removal by collectors. Unless a high security fence can be in place combined with security provided by park or other personnel to deter looters, it shall be required that a qualified archaeologist coordinate a surface reconnaissance program to recover artifacts and record their provenience every time disking occurs. If reconnaissance or recovery becomes the option, it is suggested that these efforts be facilitated using an archaeology field class. A report shall then be prepared employing data from the recoveries after the several diskings. The report shall include a specimen catalog and a spatial analysis of the various identified categories of artifacts. A county -certified archaeologist is required to direct the reconnaissance, recovery, and report efforts. The certified archaeologist will prepare the report following the spirit and intent of requirements of the Orange County Archaeology Forum's "Archaeological Mitigation or Data Recovery Report Guidelines." (A-11) All cultural material recovered by the archeologist from the repeated disking operations shall remain the property of the City of Costa Mesa and shall be curated by the City or donated to the Orange County Natural History Association (or functional equivalent.) The City and Dr. Keith Dixon who has studied this site extensively, shall coordinate efforts to facilitate use of the collection by Professor Dixon for his Ora -58 research (A-12) Any trenching, grading or other ground disturbance that occurs in the core or peripheral area after restoration of the site shall require monitoring by a county -certified archaeologist or his/her surrogate. If significant archaeological finds are encountered, the activities causing site disturbance may be interrupted at the discretion of the monitor for closer inspection and possible archaeological unit testing at the culturally sensitive location. Any such testing requires excavated materials to be water screened using 1/8 -inch mesh and that the residues be sorted, identified and cataloged following standard archaeological procedures. The archaeologist must prepare a report following requirements of the Orange County Archaeology Forum's "Archaeological Mitigation or Data Recovery Report Guidelines." X30. (A-13) Should any future scientific excavation be proposed for the Fairview sites, the principal investigator (PI) must develop a written research design demonstrating why additional excavation might be beneficial with regards to generating new information or testing old information concerned with chronology building or past life -way reconstruction. After a research design is peer reviewed, it will be submitted to the Costa Mesa City Council for approval. The City Council's decision weighs on the benefits of the scientific work versus the benefits of continued protection/preservation. If approved, the City requires that notification be given to the State Historic Preservation Officer and any professional or avocational groups that have expressed an interest in Ora -58 or Ora -506 or in the research design before an excavation permit is let to the P.I. or co-P.I.s. The City Council has the prerogative of placing conditions on any research permit to ensure proper conduct of the P.L(s) and research team and to guarantee compliance with the following criteria: (1) The P.L(s) must be affiliated with an institution of higher learning and/or a professionally recognized scientific institution. (2) The P.L(s) and his/her institution must give evidence of adequate funds to complete field recovery, laboratory work, materials analysis, and report production. (3) The report must be a meaningful contribution to Orange County prehistory. (4) The City of Costa Mesa shall be owner of all recovered materials but has the option of donating the finds to the archaeological repository of the Orange County Natural History Association, where the artifacts and ecofacts will be available for study by other scientists and members of the general public who can show a legitimate reason for access to such remains. (5) State law shall be followed in the event that Native American skeletal material is discovered. (6) Any reburial plan for human skeletal remains shall be formulated in consultation with the Most Likely Descendant designated by the State of California Native American Heritage Commission and the City Council of Costa Mesa. (7) Human skeletal remains may not be treated in a disrespectful manner, which includes their display to the general public. (8) Proper security must be maintained to prevent pot hunting or vandalism. If necessary, a security plan that might include the posting of guards or erection of a protective fence, shall be appended to the excavation proposal. (9) There shall be a security plan and measures to protect the general public from injury. (10) Insofar as it is possible, the P.I.(s) should minimize interference with the normal operation of Fairview Park. *31. (A-14) If ground disturbing activities will be conducted in the area of Ora -506, then mitigation measure A-12 shall be applied. If any future scientific research is to be undertaken, mitigation measure A-13 shall apply. *32. (F-1) All phases of the Fairview Park Master Plan shall be reviewed by the Fire Marshal or his designee during final design to address fire safety issues. *33. (P-1) All phases of the Fairview- Park Master Plan shall be reviewed by the Police Department, Crime Prevention Division during final design to address safety issues. *34. (T-1) The Transportation Services Division shall be consulted early in the design phase of the new parking lot located in the northern portion of the site near Fairview Channel in order to address vehicle, pedestrian and bicycle accessibility and traffic safety issues on Placentia Avenue. *35. (B-11) A burrowing owl nesting season survey shall be conducted by a qualified biologist between April 15 and July 15. If breeding owls are found, the biologist, in consultation with the Department of Fish and Game, shall develop measures to protect the owls. *These mitigation measures of the negative declaration have been included as conditions of approval. If any of these conditions are removed, the decision-making body must make a finding that the project will still not result in significant environmental impacts and that the negative declaration is still valid.. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "city" pertains to the City of Costa Mesa. Ping. 1. Implementation of all phases of the Fairview Park Master Plan shall be reviewed for conformity with the adopted plan as amended by the mitigation measures from the Negative Declaration. Significant deviations from the plan require approval of an amendment to the Master Plan. 2. In compliance with the City's Mitigation Monitoring Program as required by CEQA, the Community Services Department shall be responsible for monitoring compliance with all mitigation measures adopted as part of the Negative Declaration. This Department shall prepare a compliance report to be submitted with plans for plan check, or prior to commencement of each phase if no construction is involved, that lists each mitigation measure and states when and how the mitigation measures are to be met. Bldg. 3. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 4. Prior to or concurrent with submittal of plans for building plan check, applicant shall submit a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non-structural Best Management Practices (BMPs) outlined in the Countywide National Pollution Discharge Elimination System (NPDES) Drainage Area Management Plan (DAMP), Appendix G. The WQMP shall detail implementation of BMPs not dependent on specific land uses, for review and approval by the Development Services Department. Eng. 5. Prior to Building or Engineering Permits being issued for any phase of the project, submit off-site plan to the Engineering Division for review. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special districts are hereby forwarded to the applicant: Sani. 1. Developer shall submit a plan showing sewer improvements to the district engineer's office- (714) 631-1731. Fish 2. The Community Services Department shall submit a check to the & Planning Division for an environmental handling fee of $38.00 Game made payable to the county clerk -recorder within seven (7) days of project approval. Approval of this project will not be vested or final until the filing fee (required under section 711.4 of the Fish and Game Code) has been paid [PRC 21089(b)].