HomeMy WebLinkAbout99-25 - Approving Master Plan PA -98-77274
RESOLUTION NO. 99-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN
PA -98-77.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Phillip Schwartze, authorized agent for
McCarthy, Cook and Company, LLC, with respect to the real property located in the
500 block (odd numbers only) of Anton Boulevard, requesting approval of a
preliminary master plan for four office buildings, two restaurants, a retail building, a
hotel, and a health club, with a final master plan for the four office buildings, with a
minor conditional use permit to allow a deviation from the shared parking requirements
in the PDC zone; and
WHEREAS, an initial study and Negative Declaration (SCH No. 99021095) were
prepared and circulated for public review from February 23 to March 24, 1999; and
WHEREAS, all comments received regarding the Negative Declaration have
been considered by the Planning Commission; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on March 29, 1999, at which time the Planning Commission recommended to the City
Council that the request be approved; and
WHEREAS, a duly noticed public hearing was held by the City Council
on April 19, 1999;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record,
findings contained in Exhibit "A", and subject to conditions of approval contained in
Exhibit "B", the City Council hereby approves Master Plan PA -98-77 with respect to
the property described above.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines
that adoption of this resolution is expressly predicated upon the activity as described
in the staff report for Planning Application PA -98-77, 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 19`h day of April, 1999.
Mayor of Vie City of Costa Mesa
ATTEST:
Deputy City 9
lerk of the City of Costa Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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. 99-25 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 19th day of April, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 20"' day of April, 1999.
Deputy Cit Clerk and ex -officio Clerk of
the City CoLYncil of the City of Costa Mesa
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EXHIBIT "A"
FINDINGS
A. The master plan meets the broader goals of the General Plan, North
Costa Mesa Specific Plan, and Zoning Code by exhibiting a .cellence in
design, site planning, integration of uses and structures and protection
of the integrity of neighboring development.
B. The information presented substantially complies with Costa Mesa
Municipal Code section 13 29(8)(2) in that the approval of the proposed
deviation from shared parking requirements will not be detrimental to the
health, safety and general welfare of the public or other properties or
improvements within the immediate vicinity. Specifically, the applicant's
shared parking study recognizes the unusual operating characteristics of
the proposed health club, which is not accounted for in the City's shared
parking study. Granting the minor conditional use permit will not allow a
use, density or intensity which is not in accordance with the general plan
designation and specific plan for the property.
C. 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, the significant effects Eire no worse than, and no different from,
what was anticipated in the 1990 General Plan and EIR. Mitigation
measures have been included as conditions of approval which reduce
impacts as much as is feasible.
D. 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.
E. 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.
F. 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".
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EXHIBIT "A"
Resolution No. 99-25
Page 1 of 1
EXHIBIT "B"
CONDITIONS OF APPROVAL
Ping. 1 . *
The project shall comply with the mitigation measures of the
Negative Declaration prepared for this project as listed in the
attached document.
2.
Prior to issuance of building permits, applicant 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.
3.
Street addresses shall be displayed on the freestanding sign or,
if there is no freestanding sign, on the fascia or store front
adjacent to the main entrance of the building, in a manner visible
to the public street. Numerals shall be a minimum 12" in height
with not less than 3/4 " stroke and shall contrast sharply with the
background. Identification of individual units shall be provided
adjacent to the unit entrances. Letters or numerals shall be 4"
in height with not less than 1/4 " stroke and shall contrast sharply
with the background.
4.
Except as necessary for drainage, existing grades at property
lines shall be maintained.
5.
The conditions of approval and ordinance or code provisions of
planning application PA -98-77 and the mitigation measures of
the Negative Declaration prepared for this project shall be
blueprinted on the face of the site plan.
6.
The applicant shall contact the Planning Division to arrange for a
"special requirements" inspection of the site prior to the release
of occupancy. This inspection is to confirm that the conditions
of approval and code : equirements have been satisfied.
7.
Uses in this project shall comply with the Federal Aviation
Regulations FAR► Part 77 Notification procedure and shall not
exceed the Imaginary Surfaces described in FAR Part 77 for
John Wayne Airport; structures which rise above surrounding
development (i.e., 10 -story hotel) or are located in close
proximity to any of the various flight paths shall be clearly
marked or lighted according to FAA standards.
Police 8.
The attached list of security recommendations is provided by
the Police Department for the applicant's consideration.
Trans. 9.
The parking control gate shown on the site plan for the westerly
entrance shall be relocated to provide additional stacking
capacity. The condition shall be completed under the direction
of the Transportation Services Division.
10.
Design the entrance on Anton Boulevard between Avenue of the
Arts and Sakioka Drive to restrict vehicle movements to right
turn in and out only.
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EXHIBIT "B"
Resolution No. 99-25
Page 1 of 11
11. Retain the existing bus turnout on the south side of Anton
Boulevard, east of Sakioka Drive and reconstruct to serve as a
right -turn lane to the proposed adjacent drive approach.
12. A traffic signal shall be designed and constructed at the easterly -
most driveway serving the four office buildings. The signal shall
be designed and constructed at the developer's f-:pense and
shall include interconnect cable to the adjacent existing and
future planned traffic signals on Anton Boulevard. Developer
shall also modify the median on Anton Boulevard at the new
signalized entrance to include a left turn pocket.
13. Coordinate with the Orange County Transportation Authority for
the location of the proposed easterly bus turnout. Dedicate all
land required and construct the bus turnout to the Orange
County Transportation Authority and City of Costa Mesa
standards.
* 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 R€O.UI- ENTS,
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.
Proof of recordation of the final parcel map or lot line
adjustment shall be submitted prior to issuance of building
permits, if necessary to avoid conflict with existing property
lines.
2.
Prior to the release of the building permits for the
northeasterly office building, the 25' deep easement along
Anton Boulevard must either be reduced to 20' or
abandoned, or the plans shall be modified to all structures
outside of the easement area.
3.
Provide a minimum 20' deep landscaped setback from the
ultimate east and west property lines (adjacent to the
freeway on- and off -ramps).
4.
All contractors and subcontractors must have valid business
licenses to do business in the City of Costa Mesa. Final
inspections, final occupancy and utility releases will not be
granted until all such licenses have been obtained.
5.
Permits shall be obtained for all signs according to the
provisions of the Costa Mesa Sign Ordinance.
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EXHIBIT "B"
Resolution No. 99-25
Page 2 of 11
6.
Parking stalls shall be double -striped in accordance with City
standards.
7.
Driveway ramp slope shall comply with the standards
contained in the city's parking ordinance.
C.
All compact parking spaces shall be clearly mai ked
"compact" or "small car only".
9.
All on-site utility services shall be installed underground.
10.
Installation of all utility meters shall be performed in a manner
so as to obscure the installation from view from any place on
or off the property. The installation shall be in a manner
acceptable to the public utility and shall be in the form of a
vault, wall cabinet, or wall box under the direction of the
Planning Division.
11.
Any mechanical equipment such as air-conditioning
equipment and duct work shall be screened from view in a
manner approved by the Planning Division.
12.
Four (4) sets of detailed landscape and irrigation plans,
prepared by a licensed landscape architect, shall be required
as part of the project plan check review and approval
process. Three (3) sets shall be provided to the
representative water agency and one (1) set shall be
submitted to the Planning Division for review. Plans shall be
approved by the water agency with two (2) approved sets
forwarded by the applicant to the Planning Division for final
approval prior to issuance of building permits.
13.
Two (2) sets of landscape and irrigation plans, approved by
both the water agency and the Planning Division, shall be
attached to two of the final building plan sets.
14.
Landscape and irrigation plans shall meet the requirements
set forth in Costa Mesa Municipal Code Sections 13-103
through 13-108 as well as irrigation requirements set forth by
the water agency. Consult with the representative water
agency Mesa Consolidated Water District, Ray Barela - (714)
631-1291 for requirements.
15.
Landscaping and irrigation shall be installed in accordance
with the approved plans prior to final inspection or occupancy
clearance.
16.
All landscaped areas shall be separated from paved vehicular
areas by 6" high continuous Portland Cement Concrete
curbing.
17.
Trash enclosure or other acceptable means of trash disposal
shall be provided. Design of trash enclosure shall conform
with City standards. Standard drawings are available from
the Planning Division.
18.
In compliance with the City's mitigation monitoring program,
the applicant shall submit a compliance report to the Planning
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EXHIBIT "B"
Resolution No. 99-25
Page 3 of 11
Comm
Serv.
Fire
:..
Eng
Division along with plans for plan check, that
lists each
mitigation measure and states when and how the
mitigation
measures are to be met.
19. Construction, grading, materials delivery,
equipment
operation, or other noise generating activity shall
not occur
between the hours of 8 p.m. and 7 a.m. Monday through
Friday, nor between the hours of 7 p.m. and 8 a.m.
Saturday,
Sunday, and federal holidays. Exception may be
made for
activities that will not generate noise audible from off-site,
such as painting and other quiet interior work.
20. Existing street trees to remain.
21. Provide on-site fire hydrants. The number and location as
well as water main sizing shall be determined by the Fire
department on submittal for more detailed plans.
22. All hydrants shall be installed and operable prior to the
initiation of combustible construction.
23. Water improvement plans shall be approved by the Fire
Department.
24. Access consisting of a minimum 20 -foot wide roadway
capable of supporting fire apparatus shall be maintained to all
fire hydrants from the time that the hydrants are placed into
service. Special consideration shall be given to maintaining
the integrity of such roadways during periods of inclement
weather.
25. Provide "Blue Dot" reflective markers for all on-site fire
hydrants.
26. Comply with the requirements of the Uniform Building Code
as to design and construction and CCR Title 24 pertaining to
"Disabled Access Regulations".
27. At the time of development submit for approval an off-site
plan to the Engineering Division and grading plan to the
Building Division that shows sewer, water, existing parkway
improvements and the limits of work on the site, and
hydrology calculations, both prepared by a civil engineer or
architect. Construction access approval must be obtained
prior to building or engineering permits being issued by the
City of Costa Mesa. Pay offsite plan check fee to the
Engineering Division. An approved offsite plan and fee shall
be required prior to engineering/utility permits being issued by
the City.
28. A construction access permit and deposit of $2,000.00 for
street sweeping will be required by the Engineering Division
prior to the start of any on- or off-site work.
29. Haul routes must be approved by the Engineering Division,
prior to approval of the site access permit.
EXHIBIT "B"
Resolution No. 99-25
Page 4 of 11
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30.
Submit required cash deposit or surety bond to guarantee
construction of offsite street improvements at time of permit
issuance per Costa Mesa Municipal Code Section 15-32, and
as approved by city engineer. Cash deposit or surety bond
amount to be determined by the City Engineer.
31.
Obtain a permit from the Engineering Division at the time of
development and then construct P.C.C. driveway approach
per City of Costa Mesa standards as shown on the offsite
plan. Location and dimensions are subject to the approval of
the Transportation Services Manager. A.D.A. compliance is
required for all driveways.
32.
Obtain a permit from the Engineering Division, at the time of
development and then construct wheelchair ramp on the
corner of Anton Boulevard and Avenue of the Arts.
33.
Dedicate a diagonal corner cut-off at the corner of Anton
Boulevard and Avenue of the Arts, per City of Costa Mesa
standard 414.
34.
Construct storm drain facilities per City of Costa Mesa
Master Drainage Plan.
35.
Fulfill Drainage Ordinance Fee requirements prior to approval
of approval or plans.
36.
Private on-site drainage facilities and parkway culverts or
drains will not be maintained by the City of Costa Mesa; they
shall be maintained by the owner or developer of the
property. Private lateral connections to City storm drains will
require a Hold Harmless Agreement prior to issuance of
permit.
37.
Path of travel on public sidewalk at Anton Boulevard shall be
accessible per A.D.A. requirements.
Trans. 38.
Comply with the Transportation Demand Management
requirements for new development projects specified in Title
13, Chapter IX, Article 12.
39.
Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance
requirement at the time of issuance of building permit by
submitting the required fee to the Planning Division. For the
proposed use, the corridor fee is estimated as $2,153,320.
40.
Prior to issuance of building permits for any of the office
buildings, dedicate all land (including full legal title) necessary
to facilitate the Avenue of the Arts off -ramp improvements
(including all land east of the centerline of the Avenue of the
Arts south of Anton Boulevard).
41.
Obtain a permit from the Engineering Division at the time of
development and then remove any existing driveways and/or
curb depressions that will not be used and replace with full
height curb and sidewalk at applicant's expense.
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EXHIBIT "B"
Resolution No. 99-25
Page 5 of 11
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SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special districts are hereby forwarded to the
applicant:
Sani. 1.
2.
3.
4.
5.
Fish & 6.
Game
School 7
Developer will be required to construct sewers to serve this
project, at his own expense, meeting the approval of the
Costa Mesa Sanitary District.
County Sanitation District fees, fixture fees, inspection fees,
and sewer permit required prior to issuance of building
permits. To receive credit for buildings to be demolished, call
(714) 754-5307 for inspection.
Developer shall submit a plan showing sewer improvements to
the Costa Mesa Sanitary District engineer's office- (949)
631-1731 - prior to the issuance of building permits.
All newly created parcels shall have separate sewer service
meeting Costa Mesa Sanitary District requirements (949)
631-1731.
Developer is required to contact the Costa Mesa Sanitary
District at (714) 754-5307 to arrange final sign -off prior to
certificate of occupancy being released.
Applicant shall submit a check to the Planning Division for an
environmental handling fee of $38.00 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)].
Applicant shall submit proof that applicable development fee
has been paid to the Newport Mesa Unified School District
(714 424-5002) prior to the issuance of building permits.
EXHIBIT "B"
Resolution No. 99-25
Page 6 of 11
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MITIGATION MEASURES
Water Quality
1. A final hydrology study addressing the pre- and post- cor aruction runoff
rates and any potential impacts to the storm drain channel system shall be
submitted to the Building and Engineering Divisions and appropriate County
agencies prior to issuance of building or grading permits. Measures required
to mitigate any potential significant impacts shall be implemented.
2. 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.
3. If it is determined by the geotechnical consultant that dewatering is
necessary for construction, a study assessing the potential impacts
associated with dewatering on adjacent areas shall be submitted to the City
Building Official for approval during the plan check process. Applicant shall
provide the City with a copy of the NPDES permit required by the Regional
Water Quality Control Board.
4. A local drainage connection permit shall be obtained from the County of
Orange Regulation/Public Property Permit Division to allow connection with
the existing County drainage facilities prior to occupancy. Permits shall also
be obtained from the City's Engineering Division for connections to City
drainage facilities.
5. Written authorization from the City of Costa Mesa Public Services
Department to construct a parKing structure over the storm drain easement
shall be submitted to the Building Division at the time of plan check for the
structure. The letter shall include any special conditions that affect plan
checking of the structure.
Air Quality: Measures to Minimize Construction Activity Emissions
1 . Cut and fill quantities should be balanced on-site if feasible.
2. SCAQMD Rule 403 shall be adhered to, insuring the clean up of
construction -related dirt on approach routes to the site. Rule 403 prohibits
the release of fugitive dust emissions from any active operation, open
storage pile, or disturbed surface area beyond the property line of the
emission source. Particulate matter deposits on public roadways are also
prohibited.
EXHIBIT "B"
Resolution No. 99-25
Page 7 of 11
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284
3. Adequate watering techniques shall be employed to partially mitigate the
impact of construction -generated dust particulates. Portions of the project
site that are undergoing earth moving operations shall be watered such that
a crust will be formed on the ground surface and then watered again at the
end of the day.
4. Any vegetative ground cover to be utilized on-site shall be planted as soon
as possible to reduce the disturbed area subject to wind erosion. Irrigation
systems needed to water these plants shall be installed as soon as possible
to maintain the ground cover and minimize wind erosion of the soil.
5. Any construction access roads (other than temporary access roads) shall be
paved as soon as possible and cleaned after each work day. The maximum
vehicle speed limit on unpaved roads shall be 15 mph.
6. Grading operations shall be suspended during first and second stage ozone
episodes or when winds exceed 25 mph.
7. Construction personnel shall be informed of ride -sharing and transit
opportunities.
8. Construction parking shall be configured to minimize traffic interference.
9. Construction operations affecting off-site roadways shall be scheduled for
off-peak traffic hours and shall minimize obstruction of through -traffic lanes.
Measures to Minimize Operational Emissions
1. The project should internalize trips and reduce dependency on the private
automobile by providing non -motorized and public transportation facilities.
2. The vehicular circulation system on-site should be supplemented with a user
friendly walking, bicycling and transit environment. Amenities could include
landscaping, enhanced paving materials, benches, trash receptacles, street
lights, bus shelters and turn -outs, fountains, newspaper racks, drinking
fountains, etc.
3. The project will reduce vehicle miles traveled and internalize trips by offering
retail uses, a restaurant, a hotel, and a health club in the vicinity of existing
office towers, where employees currently make off-site trips for meals,
exercise opportunities and shopping.
4. Building construction shall comply with the energy use guidelines in Title 24
of the California Administrative Code.
Geology
1. All seismic design requirements outlined by the State of California and the
latest Uniform Building Code adopted by the City of Costa Mesa shall be
implemented to mitigate ground shaking potential according to plans
approved by the Building Division.
2. Geotechnical studies shall be completed on the project site to investigate
subsurface conditions and, if necessary, implement appropriate ground
stabilization and building/foundation design. These studies, to be submitted
EXHIBIT "B"
Resolution No. 99-25
Page 8 of 11
1
to the City Building Division, shall investigate subsurface conditions,
including groundwater levels, firmness of soils, and expansiveness of soils
at locations of proposed structures.
3. A licensed geotechnical firm shall inspect the site during grading to detect
unknown faults. Additional mitigation measures may need to be
implemented to address specific building designs as they pertain to
constraints from unknown faults.
Noise
1. Noise impacts shall be evaluated on a building -by -building basis. Detailed
noise studies prepared by a qualified acoustic consultant shall be submitted
prior to issuance of any grading or building permits by the City to ensure
that the project complies with the Costa Mesa General Plan interior noise
standards for non-residential development. Building setbacks, noise
barriers, and other noise attenuation techniques shall be considered and
employed where appropriate in conjunction with specific development
proposals.
2. Construction of moderately noise sensitive land uses such as hotel rooms
will only be allowed if it is demonstrated with a noise study that the interior
noise environment will be mitigated to meet the California Noise Insulation
Standards.
3. Truck access, parking area and parking garage design, refuse collection area
design, and commercial air conditioning refrigeration units shall be carefully
evaluated at more detailed levels of planning to ensure that they minimize
the potential for acoustic impacts to adjacent development.
Archeological/Historical/Paleontological Resources
1 . Archeological and paleontological monitoring plans shall be submitted to the
Planning Division prior to issuance of grading permits. An Orange County
certified archeologist and paleontologist shall monitor grading activities
throughout the site. Final reports shall be submitted to the Planning
Division and the UCLA Clearinghouse prior to issuance of Certificates of
Occupancy.
Fire Protection
The applicant shall participate on a fair share basis in conjunction with other
benefiting development in funding the cost, construction and equipment for
Metro Fire Station located on Sakioka Drive. Fees shall be paid prior to the
issuance of building permits for each new building.
EXHIBIT "B"
Resolution No. 99-25
Page 9 of 11
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Schools
Prior to issuance of building permits,
applicable development fee has been
School District (714) 424-7530.
Electricity and Natural Gas
applicant shall submit proof that the
paid to the Newport Mesa Unified
The developer shall work with the electric and gas companies in developing
an energy efficient plan in excess of Title 24 requirements for the proposed
project. This plan shall be reviewed and approved by the Development
Services Department prior to issuance of build;ng permits.
Water
1. The developer shall be subject to Mesa Consolidated Water District's
development impact fee.
2. Prior to issuance of building permits, the developer shall demonstrate to
MCWD and the Costa Mesa Planning Division that the project will
incorporate low water use fixtures (interior and exterior) and landscaping
and irrigation systems. Reclaimed water shall be used for landscaping and
irrigation purposes if deemed feasible by MCWD.
Sewer
The developer shall contact the Orange County Sanitation District and the
Costa Mesa Sanitary District for fee and permit requirements. Flow
monitoring may be required.
Solid Waste Disposal
A recycling area shall be provided for each phase of development. Space
shall be allocated for collecting and loading recyclable materials. These
areas shall have the ability to accommodate receptacles and shall be
convenient for those who deposit as well as collect and load recyclable
materials. Recycling areas shall not interfere with vehicular or pedestrian
access. When feasible, recycling areas should be adjacent to or
incorporated into trash collection areas. Applicant shall obtain approval of
this recycling area plan from the Public Services Department.
EXHIBIT "B"
Resolution No. 99-25
Page 10 of 11
D
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Transportation/Circulation
1. Prior to issuance of Certificates of Occupancy, applicant shall submi, to the
Planning Division, the required Traffic Impact Fee pursuant to the prevailing
schedule of charges adopted by the City Council. At the current rate per
trip end, the Traffic Impact Fee is estimated at $1,355,475.00.
Airport Operations
1. Prior to approval of the project's development plan, the project shall be
determined by the Aiiporl Land Use Commission to be consistent with the
AELUP. Applicant shall comply with any safety recommendations.
EXHIBIT "B"
Resolution No. 99-25
Page 11 of 11