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HomeMy WebLinkAbout08-52 - Approving ZA-08-17 for Amendment to Conditions of Approval of Planning Commission Reso PC-07-79RESOLUTION NO. 08-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING ZA-08-17 FOR AN AMENDMENT TO CONDITIONS OF APPROVAL OF PLANNING COMMISSION RESOLUTION PC -07-79, WHICH APPROVED THE FINAL MASTER PLAN PA -07- 20 FOR THE WESTSIDE LOFTS MIXED USE DEVELOPMENT AT 1640 MONROVIA AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES' AS FOLLOWS: WHEREAS, Zoning Application ZA-08-17 was filed by Cynthia Nelson of Nexus Development Corporation for the property located at 1640 Monrovia Avenue, requesting modification of Resolution PC -07-79 to allow 151 condominium units to be initially offered as rental units; WHEREAS, the proposed Westside Lofts mixed-use development consists of a Final Master Plan PA -07-20 for (a) 42,000 sq. ft. commercial space in two- to -four story buildings: (b) 151 residential condominiums in a four-story building complex; (c) 5 custom live/work units in three-story buildings; (d) 4.5 -level parking structure and surface parking spaces (overall total of 475 parking spaces); WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 23, 2008 with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, Zoning Application ZA-08-17 involves revising Conditions 4, 6 and 17 of PC Resolution PC -07-79 to reflect the following final language: Condition No. 4. Prior to issuance of building permits, the developer shall provide the Conditions, Covenants, and Restrictions (CC&Rs) to the Development Services Director and City Attorney's office for review. The CC&Rs must be in a form and substance acceptable to, and shall be approved by the Development Services Director and City Attorney's office. With respect to the residential condominiums, the .CC&Rs . shall contain provisions that effectively implement the following requirements: (1) require: that the homeowner's association (HOA) manage tenant and guest parking onsite and have the authority to employ necessary measures .(e.g.. valet parking, mechanical lift parking, tandem parking) as needed; if onsite parking is not appropriately managed by the HOA, the Development Services Director shall require implementation of corrective measure(s) to address onsite parking problems in the future; (2) require that the HOA contract with a towing service to enforce the parking regulations; (3) require that the HOA prohibit any clothing, beach towels, banners, textiles, or any other items deemed as visual clutter to be hung from private balconies; and (4) occupancy limits applicable to the residential units. With respect to the live/work units, the CC&Rs shall contain provisions requiring that the homeowner's association (HOA) require that the enclosed garages are to be used solely for their intended use of parking of two vehicles and shall not be used for any other purpose (e.g. storage). The CC&R's, as applicable, shall contain a provision that any subsequent revisions to the CC&Rs related to the above provisions must be reviewed and approved by the City Attorney's office and the Development Services Director before they become effective. The requirements of this section shall apply to the residential component and the live/work units only. Condition No. 6 Applicant shall provide proof of establishment of a homeowner's association with respect to the residential condominiums prior to release of any utilities. Condition No. 17 All live/work units shall be initially offered as "for sale" units. With respect to the residential condominiums, prior to recordation of the final subdivision map, the applicant shall provide evidence obtained from the State of California Department of Real Estate that it has received a substantially completed subdivision public report application. Prior to receipt of a certificate of occupancy for the residential condominiums, the applicant shall provide evidence that CC&Rs (in substantial conformance with the CC&Rs previously approved by the Development Services Director and City Attorney's office with respect to the provisions set.forth in condition 4 above (only)) have been recorded and that a homeowners association has been established. Subject to compliance with the above conditions, all 151 residential condominiums may be initially offered as rental units and applicant may continue to rent and/or lease the units for an indefinite period of time. Notwithstanding the foregoing, (1) the subdivision map shall be final and recorded prior to issuance of building permits; (2). park fees currently estimated at approximately $1.6 million dollars shall be remitted to the City prior to approval of the final map; and (3) the residential condominium units shall be constructed to condominium building standards (e.g. advanced noise attenuated walls, increased firewall standards). If, at any time after completion of the residential condominiums, the Developer decides to sell the individual units, provided Developer has a valid Final Public Report from the Department of Real Estate, no further approval from the City shall be required. WHEREAS, the Planning Commission approved ZA-08-17 by adoption of Planning Commission Resolution PC -08-55 on June 23, 2008; WHEREAS, the Planning Commission's decision was called up for review by the City Council, and a duly -noticed public hearing was held on July 15, 2008, with all persons having been given the opportunity to be heard both for and against .the proposed 'project; BE IT RESOLVED that, based on the evidence in the record, the City Council hereby upholds the Planning Commission's action and APPROVES the requested amendment to Resolution of Approval PC -07 -79 -with respect to the property described above. BE .IT RESOLVED that the City Council finds that Zoning Application ZA-08-17 . related to the revision of Conditions 4, 6 and 17 of PC -07-79 does not have any significant material effect to the Westside Lofts mixed-use development project, as the subdivision map for condominium purposes, establishment of. a. homeowner's association, and all related provisions for owner -occupied housing for both the live/work units and residential condominiums will still be required. Therefore, the City Council finds that the original environmental and other findings for Final Master Plan PA -07-20, (Exhibit 1, Exhibit `A," Findings of PC -07-79) are still applicable to the project, as revised by Zoning Application ZA-08-17. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff reports for ZA-08-17 and PA -07-20, based on the originally - approved Planning Commission Resolution PC -07-79 (Exhibit 1). Specifically, Exhibit 1 contains the original findings contained in Exhibit "A" and the original conditions of approval contained in Exhibit "B" (as modified herein by ZA-08-17), and mitigation measures contained in Exhibit "C" of PC Resolution PC -07-79. PASSED AND ADOPTED this 15th day of July, 2008. ATTEST: JA Fie Folcik, City Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: < � r KiYTall Barlow, City Attorney STATE OF CALIFORNIA COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss 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. 08-52 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of July, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY, LEECE NONE NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 16th day of July, 2008. JULI OLCIK, CITY CLERK (SEAL) EXHIBIT "B" CONDITIONS OF APPROVAL Ping. Mitigation Measures from the as conditions of approval. If Planning Commission must n in significant environmental i .responsibility and jurisdiction economic, social, or other cc infeasible. Westside Lofts IS/MND have been included any of these conditions are removed, . the lake a finding that the project will not result -npacts, that the condition(s) are within the of another public agency, or that specific nsiderations make the mitigation measures 2. Final Master Plan PA-07-20/VT-1 6999. shall comply with the conditions of approval, code requirements, and mitigation measures of the Westside Lofts IS/MND and as listed in the attached Mitigation Monitoring Program (Exhibit "C"). Additional conditions of approval are also included as part of the Mitigation Monitoring Program. 3. The conditions of approval and code requirements for PA-07-20/VT- 16999 shall be blueprinted on the page following or containing the site plan. 4. Prior to issuance of building permits, the developer shall provide the Conditions, Covenants, and Restrictions (CC&Rs) to the Development Services Director and City Attorney's office for review. The CC&Rs must be in a form and substance acceptable to, and shall be approved by the Development Services Director and City Attorney's office. With respect to the residential condominiums, the CC&Rs shall contain provisions that effectively implement the following requirements: (1) require that the homeowner's association (HOA) manage tenant and guest parking onsite and have the authority to employ necessary measures (e.g. valet parking, mechanical lift parking, tandem parking) as needed; if onsite parking is not appropriately managed by the HOA, the Development Services Director shall require implementation of corrective measure(s) to address onsite parking problems in the future; (2) require that the HOA contract. with a towing service to enforce the parking regulations; (3) require that the HOA prohibit any clothing, beach towels, banners, textiles, or any other items deemed as visual clutter to be hung from private balconies; and (4) occupancy limits applicable to the residential units. With respect to the live/work units, the CC&Rs shall contain provisions requiring that the homeowner's association (HOA) require that the enclosed garages are to be used solely for their intended use of parking of two vehicles and shall not be used for any other purpose (e.g. storage). The CC&R's, as applicable, shall contain a provision that any subsequent revisions to the CC&Rs related to the above provisions must be reviewed and approved by the City Attorney's office and the Development Services Director before they become effective. The requirements of this section shall apply to the residential component and the live/work units only (revised July 15, 2008 per ZA-08-17). 5. Garages for individuals units shall be equipped with automatic garage door openers and roll -up garage doors. 6. Applicant shall provide proof of establishment of a homeowner's association with respect to the residential condominiums prior to release of any utilities (revised June 15, 2008 per ZA-08-17). 7. The parking management plan shall be approved by the Development Services Director and Transportation Manager prior to issuance of building permits. The Parking Management Plan shall denote the following: (1) Method of allocation of assigned parking; (2) Location of visitor parking including appropriate signage; (3) Location of security gates if any, and how gates will be operated; (4) Location of employee parking. 8. Dependent on the final mix of bedroom types for the dwelling units and total square footage of nonresidential areas, the number of parking stalls and parking design configuration may be adjusted. If this mix is modified, a final parking study shall be reviewed/approved by the Development Services Director prior to issuance of a building permit. The parking study shall demonstrate the following: a) Residential parking complies with the parking requirements of the Mesa West Bluffs Urban Plan. b) Nonresidential parking, including shared parking within the residential guest parking areas, complies with parking rate for ancillary retail uses as deemed appropriate by the Development Services Director. Final parking supply of any revised development scenario (i.e. revision in unit mix and, square footage of nonresidential areas) shall conform to a shared parking study completed for the project and approved by the Development Services Director. 9. The approximately 1,750 square foot ancillary retail building shall consist of retail businesses. 10. The permitted and conditionally permitted uses for the five live/work units shall be as specified in the live/work.matrix in the Mesa West Bluffs Urban Plan. All other uses not specifically described in the live/work matrix and which may involve higher traffic generating uses shall be considered as conditional uses or prohibited uses, as deemed appropriate by the Development Services Director. 11. Prior to issuance of grading permits, developer shall submit for review and approval a Construction Management Plan. This plan features methods to minimize disruption to the Playport Mobile Home Park and Westside residential communities through specified measures, such as construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. 12. Developer shall submit for review a Land Use Restriction requiring that the business operator(s) and . resident(s) of a. live/work unit be one and the same. In other words, the work space of the live/work unit shall not be subleased to person(s) not residing in the living quarters. The Land Use Restriction shall be approved by the Development Services Director and recorded by the Developer at the County of Orange prior to issuance of .:building permits. 13. [deleted] 14. Prior to issuance of building permits, developer shall contact the U.S. Postal Service with regard to location and design of mail delivery facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan. 15. For the residential component, the range of primary street addresses shall be displayed on a complex identification sign visible from the street. Street address numerals shall be a minimum 12 inches in height with not less than 3/4 -inch stroke and shall contrast sharply with the background. 16. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc, shall be blueprinted on the site plan and on all floor plans in the working drawings. 17. All live/work shall be initially offered as "for sale" units. With respect to the residential condominiums, prior to recordation of the final subdivision map, the applicant shall provide evidence obtained from the State of California Department of Real Estate that it has received a substantially completed subdivision public report application. Prior to receipt of a certificate of occupancy for the residential condominiums, the applicant shall provide evidence that CC&Rs (in substantial conformance with the CC&Rs previously approved by the Development Services Director and City Attorney's office with respect to the- provisions set forth in condition 4 above (only)) have been recorded and that a homeowners association has been established. Subject to compliance with the above conditions, all 151 residential condominiums may be initially offered as rental units and applicant may continue to rent and/or lease the units for an indefinite period of time. Notwithstanding the foregoing, (1) the subdivision map shall be final and recorded prior to issuance of building permits; (2) park fees currently estimated at approximately $1.6 million dollars shall be remitted to the City prior to approval of the. final map; and (3) the residential condominium units shall be constructed to condominium building standards (e.g. advanced noise .attenuated walls,, increased firewall standards): If, at . any time after completion of the residential condominiums, the Developer decides to sell the individual units, provided Developer has a valid Final Public Report from the _Department of Real Estate, no further approval from the City shall be required (revised June 15, 2008 per ZA-08-17). 18. The. site plan submitted with initial working drawings shall contain a notation specifying that the project is a "common interest development" and shall specify the ultimate development property lines. 19. To avoid an alley -like appearance, the private street shall not be entirely paved with asphalt nor be developed with a center concrete swale. The entry/exit drive of the private street shall be made of stamped concrete or pervious pavers. The final landscape concept plan shall indicate the landscape palette and the design/material of paved areas, and the landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits. 20. The subject property's ultimate finished grade level may not be filled/raised in excess of 30" above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable onsite storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official and City Engineer prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public storm water facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of the subject property shall preserve or improve the existing pattern of drainage on abutting properties. 21. Street trees in the landscape parkway shall be selected from Appendix D of the Streetscape and Median Development Standards and appropriately sized and spaced (e.g. 15 -gallon size planted at 30' on centers), or as determined by the Development Services Director once the determination of parkway size is made. The final landscape concept plan shall indicate the design and material of these areas, and the landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits. 22. The landscape plan shall feature 24 -inch box trees and 5 -gallon shrubs. that exceed .the minimum size requirements of trees and shrubs as :described in the City's. landscaping standards to the satisfaction of .the Development Services. Director. Specifically, the 10 -foot street setback areas along Monrovia Avenue and Babcock Street shall be landscaped with trees and vegetation to the fullest extent possible. The landscape plan shall be approved prior to issuance of building permits. The landscape palette shall .incorporate native California plants and/or drought tolerant plant species. 23. The interior landscaped areas (approximately 30' x 30' areas) along the clubhouse and along the north elevation of the parking structure shall be considered as passive recreational areas. Street furniture and lighting shall be installed in these areas to encourage passive use by the residents (i.e. reading, visiting with guests, etc.). 24. Prior to submission of a final landscape plan, developer shall seek approval from the Parks and Recreation Commission for the removal of any trees within the public right-of-way. Commission will require that the City be compensated for the loss of street trees in the public right-of-way pursuant to a 3 -to -1 tree replacement ratio. Any conditions imposed by the Parks and Recreation Commission shall be identified on the final landscape plan. The developer is advised that the approval process may take up to three months; therefore, it is advised to identify any affected trees and make a timely application to the Parks and Recreation Commission to avoid possible delays. 25. The project site shall be graded in a manner to eliminate the necessity of retaining walls within the project site to the maximum extent feasible. This condition excludes the proposed perimeter retaining walls along the development lot lines. 26. Unless as otherwise permitted pursuant to an approved Planned Signing Program, the following shall apply: There shall be no signage above the second floor of the commercial buildings. There shall be no signage above the first floor of the live/work units. Building wall signage for the residential component shall be limited to the identification of the residential development in the form of a monument sign, entry sign, and directional signage. 27. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, removal of building articulation, or a change of the finish material(s), shall be made during construction without prior Planning Division written approval. Failure to obtain prior Planning Division approval of the modification could result in the requirement of the applicant to (re)process the modification through a discretionary review process such as an amendment to the Master Plan, or in the requirementto modify the construction .to reflect the approved plans. Applicant shall contact the Planning Division at 714-754-5245 to obtain authorization for any revisions. 28. The developer shall contact the current cable service provider prior to issuance of building permits:to arrange for pre -wiring for future. cable communication service. 29. The developer shall contact the Planning Division to arrange for an inspection of the site prior to the final inspections. This inspection is .to confirm that the conditions of approval and code requirements have been satisfied. 30. Nighttime lighting shall_ be minimized to provide adequate security and creative illumination of building, sculptures, fountains, and artwork to the satisfaction of the Development Services Director. Any lighting under the control of the developer shall be directed in such a manner so_ as to not unreasonably interfere with the quiet enjoyment of nearby residential uses, including on-site residential uses. 31. The nonresidential buildings shall use low reflective glass and building materials to minimize daytime glare to the fullest extent possible. 32. Show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). With the exception of back-flow prevention devices, ground - mounted equipment shall not be located in any landscaped setback visible from the street and shall be screened from view, under the direction of Planning Staff. 33. If the project is constructed in phases, the decorative block wall, landscaping within the street setback areas, and irrigation shall be installed prior to.the release of utilities for the first phase. 34. Prior to submittal of working plans for plan check, applicant shall submit a written determination from the Sanitary District and/or any private trash hauler that trash collection service can be provided to each individual live/work unit. This letter.shall be remitted to the Planning Division prior to issuance of building permits. 35. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 6 p.m. on 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. Eng. Trans. 36. Energy efficient . exterior doors and windows shall be installed on all building elevations.. 37. Install appliances, water heaters, and light fixtures with Energy Star or better rated appliances and, fixtures including a programmable heating system. 38. Developer shall maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling. 39. Developer shall submit a hydrology/hydraulic. study for review/approval by the City Engineer prior to issuance of grading permits. 40. Developer shall comply with any conditions of approval as indicated in the City Engineer's letter dated October 1, 2007 (attached). 41. Developer shall remove "dead-end" driveway on Monrovia Avenue.. If fire access is required to be shown on the building plans during plancheck, construct a half height curb for emergency access and paint red curb to restrict parking in this area. 42. Developer shall construct Type II drive approach at locations submitted on site plan. Developer shall comply with minimum clearance requirements from the property lines and any vertical obstructions. 43. Prior to issuance of building permits for the parking structure, developer shall submit a final parking management plan denoting (1) method of allocation of assigned parking; (2) location of visitor parking including appropriate signage; (3) location of security gates and how these gates will be operated; 44. Developer shall relocate powerpole, ..fire hydrant, and all of the utilities necessary to accommodate new driveway approaches. 45. Developer shall close unused drive approaches with full height curb and gutter. 46. Developer shall remove existing red curb paint along property frontage on Monrovia Avenue and Babcock Street to accommodate additional on - street parking. 47. Developer shall submit detailed plans for parking structure providing dimensions for all parking spaces and aisle widths per City standard. Fire Police Other 48. Developer shall identify width of drive aisle and island approaching the gated residential entry. Provide a minimum of 40 -foot total overall width at guest lane, including median and entry/exit driveway for turnaround. 49. Developer shall identify width of drive aisle adjacent to garages between main access drive and office parking lot. 50. Developer shall identify ramp slopes within the parking structure and comply with the City's ramp slope standards. Ramps with parking shall .not exceed 5 percent slope. 51. Water mains and hydrants shall be installed to the standards of the Mesa Consolidated Water District and dedicated along with repair easements to that agency. 52. The on-site hydrant shall be attached to the underground mains of the fire sprinkler system or installed to the .standards of the Mesa Consolidated Water District and be dedicated along with repair easements to that agency. 53. Developer shall show existing and proposed fire hydrants for the project on the site plan. 54. Developer shall provide a fire alarm system for the 4 -story residential units. 55. Developer shall extend Drive F so that the Fire Department can ladder the building from the drive. However, the drive must be no longer than 150' or a turnaround will be required. 56. Developer shall work with the Police Department in implementing security recommendations to the maximum extent feasible, as specified in correspondence from the Police Department, dated September 26, 2007. 57. To ensure that the buildings are demolished in a timely manner and to prevent the site from continuing in its present condition, a demolition permit shall be obtained and the buildings be demolished within 24 months of the approval ZA-08-17 (revised July 28, 2008 by Resolution 08-52).