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HomeMy WebLinkAbout99-04 - Approving Master Plan PA -98-90RESOLUTION NO. 99-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA -98-90. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Robert Klotz, authorized agent for C. J. Segerstrom, with respect to the real property located at 3333 Bristol Street and 3333 Bear Street, requesting approval of a pedestrian bridge spanning Bear street, with limited retail use (carts/kiosks) in the PDC zone; and WHEREAS, a duly noticed public hearing was held by the Planning commission on December 28, 1998, at which time the Planning Commission recommended approval of the request to the City Council; and WHEREAS, Master Plan PA -98-90 was considered by the City Council at a public meeting held on January 18, 1999; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", the City Council hereby adopts the Negative Declaration and approves Master Plan PA -98-90 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Master Plan PA -98-90, 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 18"' day of January, 1999. ATTEST: -T7 U-+ Deputy City erk of the City of Costa Mesa Mayor of thi City of Costa Mesa 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. 99-4 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 18' day of January, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19' day of January, 1999. !L4� -77 Deputy Cit Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 1 1 EXHIBIT "A" FINDINGS 149 APPL. PA -98-90 A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29 (g)(5) in that the master plan meets the broader goals of the General Plan, the North Costa Mesa Specific 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. B. 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 added to the project. C. 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. The project will have a DeMinimis effect on fish and wildlife, and no filing fee pursuant to Fish and Game Code Section 711.4 is required. D. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Exhibit "A" Resolution No. 99-4 Page 1 of 1 150 EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -98-90 Ping. 1. Construction shall not take place between 8 p.m. and 7 a.m. 2. Retail uses on the bridge shall be limited to carts and/or kiosks. Any signage on the carts and/or kiosks shall not be visible to the surrounding streets. 3. The applicant shall sign and record a "Hold Harmless" agreement relieving the City of all liability which might result from the bridge spanning the public right-of-way. The applicant shall prepare the document in a form and content acceptable to the City Attorney. Proof of recordation shall be provided prior to the release of building permits. 4. Applicant shall provide the City with proof of general liability insurance including endorsements concerning "additional named insured", "advance notice", and "primary coverage" as approved by the City Attorney's office. Police 5. The bridge walkway shall be well lighted. 6. Access beneath the open stairwells is recommended to be blocked -off to keep people from hiding underneath. 7. The bridge should remain as open as possible to allow surveillance of the interior. 8. The exterior elevators and the surrounding area should be designed to allow visibility inside the elevators. If an elevator is provided along Bear Street, the doors are recommended to open towards the street. 9. It is recommended that the elevators be turned -off when the malls are closed. Eng. 10. Submit a copy of the approved structural calculations to the Engineering Division for reference purposes. 11. Any modifications to the roadway below shall be constructed under a separate permit and conditions. *12. Maintain the public right-of-way in a "wet -down" condition to the degree necessary to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling. Trans 13. A minimum vertical clearance of 17 feet shall be provided from all points on the roadway surface of Bear Street. 14. A traffic engineering survey shall be performed by a registered traffic engineer confirming that the bridge design shall maintain adequate visibility of the nearby traffic signal at Bear Street/Crystal Court/South Coast Plaza to ensure a safe stopping distance as defined in the CalTrans Traffic Manual. Exhibit "B" Resolution No. 99-4 Page 1 of 3 1 �J 1 APPL. PA -98-90 15. If Bear Street access to the bridge is provided, provisions shall be made to provide pedestrian accessibility from the public sidewalk on Bear Street. 16. Any decorative features over the public right-of-way, including signage and illumination that may impact traffic flow, shall be approved by the Transportation Services Manager. ` This mitigation measure of the negative declaration has been included as a condition of approval. If this condition is 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. 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. 2. Approval of the master plan is valid for one (1) year and will expire at the end of that period unless building permits are obtained or the applicant applies for and is granted an extension of time. 3. Four (4) sets of detailed landscape and irrigation plans 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. 4. 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. 5. 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. 6. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 7. In compliance with the City's mitigation monitoring program, the 1 Exhibit "B" Resolution No. 99-4 Page 2 of 3 151 152 **9 Eng. 10. 11. APPL. PA -98-90 applicant shall submit a compliance report to the Planning Division along with plans for plan check that lists each mitigation measure and states when and how the mitigation -measures are to be met. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Prior to issuance of any building permits, 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. 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. A construction access permit and deposit of $500.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. * *This code requirement has also been included as a mitigation measure SPECIAL DISTRICT REQUIREMENTS The requirement of the following special district is hereby forwarded to the applicant: Fish & 1. Applicant shall submit a check to the Planning Division for an Game 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)]. The project will have a DeMinimis effect on fish and wildlife, and no filing fee pursuant to Fish and Game Code Section 711.4 is required. Exhibit "B" Resolution No. 99-4 Page 3 of 3 1 1