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HomeMy WebLinkAbout94-77 - Approving Planning Action PA -94-41006 40 RESOLUTION NO. 94-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-41. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by David Ball authorized agent for A&R Parcel Four and R&A Parcel Five with respect to real property located in the 900 block (odd numbers only) of South Coast Drive, requesting a Preliminary Development Plan and Development Agreement Amendment for the addition of 395,600 square feet of commercial development consisting of 310,600 square feet of general retail, 40,000 square feet (2,500 seats) of movie theater and 45,000 square feet of restaurant to the existing 196,700 square feet of office development, located in the PDC zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 25, 1994, and by the City Council on August 15, 1994; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby adopts the Negative Declaration and approves Planning Action PA -94-41 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that the adoption of this resolution is expressly predicated upon the operation of the business or activity in the manner described in the staff report for Planning Action PA -94-41, and upon the applicant's compliance with each and all of the conditions contained in Exhibit PASSED AND ADOPTED this 15th day of August, 1994. ATTEST: T. Deputy Cit Clerk of the City of Mayor of the City of Costa Mesa 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. 94-77 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 15th day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of August, 1994. � 0 * - -,' rllr- Deputy y Clerk and ex -officio Clerk of the City ouncil 0 f the City of Costa Mesa F_ L 1 Exhibit "A" Resolution 94-77 Page 1 of 1 Planning Action PA -94-41 Planning Staff Findings A. An initial study was prepared which was tiered to Program Final Environmental Impact Report No. 1044, 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 judgement 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. 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. C. The project has been reviewed for conformity with the Congestion Management Program (CMP) requirements; and the additional traffic generated by the project does cumulatively impact the Congestion Management Program Highway System (CMPHS). Project approval incorporates feasible mitigation measures (construction of specific improvements and/or payment of traffic impact fees) which shall maintain LOS (Level of Service) E, or the adopted LOS if worse than E, upon the impacted CMPHS. D. The general location, type, and intensities of uses proposed in the Preliminary Develop- ment Plan satisfies all applicable development standards of the Planned Development Commercial (PDC) zone that are subject to review at this stage. E. The building intensity and peak hour traffic projections are consistent with the 1990 General Plan. F. The Preliminary Development Plan is consistent with the North Costa Mesa Specific Plan. G. The Preliminary Development Plan is consistent with the purpose of the Planned Development Ordinance which is to allow imaginative and innovative planning concepts while meeting the broader goals of the General Plan and land use ordinance by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. 1;2-01)� .208 Exhibit "B" Resolution 94-77 Page 1 of 5 Planning Action PA -94-41 Conditions of Approval Planning 1. The Final Development Plan shall address the elevations, building materials, and landscaping in a manner consistent with the North Costa Mesa Specific Plan and compatible with neighboring uses. 2. The Final Development Plan, which is limited to the items listed in Condition No. 1, shall be subject to review and approval by the Planning Commission. Only the grading permit, no building permits, may be issued prior to approval of the Final Development Plan. 3. The applicant is reminded that inspections of the site by the Project Planner, Engineering Division representative, and Fire Protection Analyst will be required in addition to the Building final inspections, prior to the release of occupancy/utilities. These inspections include confirmation that the Mitigation Measures, Conditions of Approval and Code Requirements have been satisfied. The applicant is responsible for coordinating all inspections. 4. Applicant shall comply with all mitigation measures of the Negative Declaration (copy attached). 5. In compliance with the City's Mitigation Monitoring Program, the applicant shall submit a compliance report to the Planning Division along with plans for plan check, or prior to commencement of the project's activity if no construction is involved, that lists each mitigation measure and states when and how the mitigation measures are to be met. 6. All buildings shall have the first finished floor elevated above the base flood elevation indicated on the Flood Insurance Rate Map effective at the time building permits are issued, or be floodproofed to this height, unless the property is exempt or other measures are approved by the Federal Emergency Management Agency. 7. 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. 8. In order to comply with the City parking requirements, seating for weekday matinees, based on the Preliminary Development Plan, shall be limited to 1,685. This maximum matinee seating figure shall be adjusted as necessary based on the Final Development Plan. 9. The fire lane within the 25 -foot landscape perimeter area. along Bear Street shall be built of turf trete or a similar material. �?f)9 Exhibit "B" Resolution 94-77 Page 2 of 5 Planning Action PA -94-41 Code Requirements The following list of Federal, State, and local laws applicable of the project has been compiled by staff for the applicant's reference. Planning 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final occupancy and utility releases will not be granted, and final inspections will not be granted until all such licenses have been obtained. 2. Parking stalls shall be double -striped in accordance with City standards. 3. All on-site utility services (Edison and telephone) shall be installed underground. 4. Installation of all utility meters shall be performed in a manner so as to obscure said installation from view from any place on or off the property. Said 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, and shall be installed in accordance with standard plans and specifications of the City of Costa Mesa. 5. Any mechanical equipment such as air-conditioning compressors and duct work shall be screened from view. 6. Two (2) sets of detailed landscape/irrigation plans per the requirements set forth in Costa Mesa Municipal Code Sections 13-263 through 13-266, shall be submitted for review and approval by the Planning Division prior to issuance of any building permits. The two approved sets shall be attached to the two final building plan sets. Drought resistant vegetation, together with a water conserving irrigation system shall be utilized. Landscaping shall be installed in accordance with the approved plan prior to release of utilities. 7. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform with City standards. Standard drawings are available from the Planning Division. 8. Driveway ramp slope shall comply with the standards contained in the City's Parking Ordinance. 9. All landscaped areas shall be separated from paved vehicular areas by six-inch high continuous Portland cement concrete curbing. 10. Permits shall be obtained for all signs, including banners and other special event signing, according to the provisions of the Costa Mesa Sign Ordinance. Community Services 11. Existing landscaping in the public right-of-way to remain. Building 12. Comply with the requirements of the Uniform Building Code as to design and construction, and comply with Title 24 Handicap Accessibility requirements. Exhibit "B" Resolution 94-77 Page 3 of 5 Planning Action PA -94-41 Engineering 13. 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. Site access approval must be obtained prior to Building or Engineering permits being issued by the City of Costa Mesa. Pay off-site plan check fee. An approved off-site plan shall be required prior to Engineering/Utility permits being issued by the City of Costa Mesa. 14. A site access permit and deposit of $2,000.00 will be required by the City of Costa Mesa, Engineering Division, prior to the start of any on- or off-site work which may be necessary during construction for street sweeping. 15. Maintain the public right-of-way in a "wet -down" condition to the degree necessary to prevent excessive dust and periodically remove any spillage from the public right-of-way by sweeping or sprinkling. 16. Haul routes must be approved by the City of Costa Mesa, Engineering Division, prior to approval of the site access permit. 17. At the time of permit issuance, submit required deposit in the amount determined by the City Engineer, to guarantee construction of off-site street improvements. Deposit may be in the form of cash, bond, letter of credit, or other form of improvement security permitted by applicable law. 18. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. residential/commercial sidewalk per City of Costa Mesa standards as shown on the off-site plan, including four (4) feet clear around obstructions in the sidewalk. 19. Obtain a permit from the City of Costa Mesa, 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 off-site plan. Location and dimensions are subject to approval by the Transportation Services Manager. 20. Fulfill Drainage Ordinance fee requirements prior to approval of final map/approval of plans. 21. Private on-site drainage facilities and parkway culverts of 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 a permit. 22. Construct P.C.C. sidewalk from main entrance on South Coast Drive going east to Bear Street and continuing from South Coast Drive to the overpass on Bear Street. Transportation 23. Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance requirement at the tine of issuance of building permits by submitting the required fee to the Planning Division. The current rate is $2.95 per square foot for the proposed use. Exhibit "B" Resolution 94-77 Page 4 of 5 Planning Action PA -94-41 Fire 24. Any required hydrants shall be installed and operable prior to the initiation of combustible construction. 25. Water improvement plans shall be approved by the Fire Department. 26. 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. 27. Provide fire extinguishers with a minimum rating of 2A to be located within 75 feet of travel distance from all areas. Extinguishers may be of a type rated 2A, IOBC as these extinguishers are suitable for all types of fires and are less expensive. 28. Provide an approved automatic extinguishing system for all cooking surfaces, hoods, and ducts. 29. Provide an automatic fire sprinkler system according to NFPA 13. 30. Provide "Blue Dot" reflective markers for all on-site fire hydrants. 31. Provide address numerals which conform to Fire Department standards with respect to size 12 inches and location. 32. 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 t that agency. 33. The applicant shall participate in the upgrading of fire protection facilities according to a formula developed by the City. The contribution shall be made prior to the issuance of building permits, 34. Hydrant number and locations are to be determined with final site configuration. X211 212 Exhibit "B" Resolution 94-77 Page 5 of 5 Planning Action PA -94-41 Special District Requirements The requirements of the following special districts are hereby forwarded to the applicant: Sanitary 1. Developer will be required to construct sewers to serve this project, at his own expense, meeting the approval of the Costa Mesa Sanitary District. 2. County Sanitation District fees, fixture fees, inspection fees, and sewer permit are required prior to installation of sewers. To receive credit for buildings to be demolished, call (714) 754-5307 for inspection. 3. Developer is required to submit a plan showing sewer improvements to the District Engineer's Office, (714) 631-1731. School 4. Applicant shall submit proof that the applicable developer fee has been paid to, or that a fee is not required of, the Newport -Mesa Unified School District (556-3241) prior to issuance of building permits. State Department of Fish and Game 5. In compliance with AB 3158 (Chapter 1706, Statutes of 1990), applicant shall submit a check to the Division for $25.00 made payable to the County Clerk within seven (7) days of project approval. 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)]. �I 213 Exhibit Resolution 94-77 Planning Action PA -94-41 LIST OF MITIGATION MEASURES Page 1 of 4 1. The project applicant shall be required to complete a detailed hydrological analysis prior to issuance of building permits for the final design to determine the size and location of drainage facilities. Said study shall be based on the current Master Plan of Drainage. Based on those analyses, storm drain facilities shall be designed to minimize both volume and velocity of surface runoff and shall be indicated on the site plan and submitted to the City Engineer for review and approval of grading permits. Adverse downstream impacts shall be mitigated through proper design of subsurface drains, appropriate grading, on- site retention basins, landscape programs, or other measures as appropriate. 2. All on-site structures shall be elevated to the 100 -year base flood elevation or flood proofed. The Final Site Plan shall indicate this requirement for approval by the City Building Safety Division prior to issuance of grading permits. An elevation certificate required by FEMA shall be completed and submitted to the Building Division prior to occupancy. 3. Prior to the issuance of grading permits, the applicant shall develop a Stormwater Pollution Prevention Plan (SWPPP), which emphasizes structural and nonstructural Best Management Practices (BMPs), in compliance with the NPDES Program requirements. BMPs shall be implemented by the project applicant to the satisfaction of the State Water Resources Control Board and NPDES Program requirements in order to protect the receiving waters from degradation. 4. Prior to the issuance of grading permits, the project applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board, as required by the General Construction Activity Storm Water Permit adopted on August 20, 1992. 5. In order to prevent exposed soils from erosion during periods of heavy rainfall, the project applicant shall be required to meet standard erosion control measures, as deemed necessary by the City Engineering and Building Safety Divisions. Compliance with this measure is subject to periodic site inspections by City staff. 6. In order to reduce fugitive emissions, the following measures shall be implemented during project grading and/or construction to the satisfaction of the City Public Services Department and the Building Safety Division. These measures are subject to periodic site inspections by City staff and the SCAQMD, per Rule 403, as amended. a. The project shall comply with State, City, and UBC dust control regulations. b. SCAQMD Rule 403, as modified, shall be adhered to, ensuring (1) construction related dust does not extend beyond property lines; (2) one or more reasonably available control measures are utilized for each dust source; and (3) PM10 levels from construction generated fugitive dust do not exceed 50 micrograms per cubic meter. C. All exposed surfaces, dirt piles and unpaved roads utilized by project construction trucks shall be watered, at least, two times a day if necessary. d. All trucks hauling dirt, soil, or other loose dirt material shall be covered. e. All trucks shall maintain a minimum of two feet of freeboard. f. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation shall be installed as soon as possible to maintain the ground cover. 214 Exhibit Resolution 94-77 Planning Action PA -94-41 LIST OF MITIGATION MEASURES Page 2 of 4 g. Grading activity shall be suspended when local winds exceed 25 miles per hour and during first and second stage smog alerts. 7. In order to reduce short-term daily NOx emissions associated with exhaust from on-site construction equipment and off-site construction vehicles, construction activity management techniques shall be employed by the project contractor as recommended by the AQMD (i.e., reducing the number of pieces of equipment used simultaneously, when possible). Compliance with this measure is subject to periodic site inspections by City and SCAQMD staff. 8. To reduce emissions from project related vehicle trips, the project applicant shall adhere to City of Costa Mesa Municipal Code Sections 13-880 through 13-888 (Transportation Demand Management) and SCAQMD Regulation XV to reduce vehicle miles traveled to the maximum extent feasible. The code includes measures such as: Preferential parking for carpool vehicles; Bicycle parking and shower facilities; - Information provided to employees on Transportation Alternatives; Rideshare vehicle accessibility; and Bus stop improvements. 9. To reduce emissions from the power plant providing electricity to the site, prior to building permit issuance, the project shall demonstrate that on-site buildings will adhere to Title 24 of the California Resources Code which requires new development to use energy efficient electrical and mechanical systems, to the satisfaction of the City of Costa Mesa Building Officials. 10. To improve circulation between South Coast Plaza, Crystal Court, and the project site, the existing shuttle system should be expanded to include the project site. Preferential parking should be given to the shuttle service. 11. Grading and foundation plans, including foundation loads, shall be reviewed by a registered Soils Engineer and approved by the City Building and Safety Division. 12. All grading and earthwork shall be performed under the observation of a registered Geotechnical Engineer in order to achieve proper subgrade preparation, selection of satisfactory materials, and placement and compaction of all structure fill. 13. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Development Services Director, such as a notation on the front sheet of the grading plans, that: a. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers. b. All operations shall comply with the City of Costa Mesa Noise Ordinance. Exhibit Resolution 94-77 Planning Action PA -94-41 LIST OF MITIGATION MEASURES Page 3 of 4 14. During the design stage of the project, and prior to the issuance of building permits, a detailed interior noise study prepared by an acoustical engineering shall be completed for all buildings within the project area that are directly adjacent to the freeway to confirm that interior noise levels will comply with the appropriate guidelines for retail and theater uses. 15. If archaeological and/or paleontological resources are encountered during grading operations, the contractor shall be prepared to cease operations in the immediate area of the find. A qualified archaeologist and/or paleontologist shall be contacted so that the resources can be evaluated and properly salvaged. 16. The impact fee of $0.25 per gross square foot of new development established in Development Agreement DA -88-02 shall be applied to Phase 3 and shall be payable prior to issuance of building permits. 17. Beginning with the project construction and throughout the life of the project, the project applicant shall provide sufficient on-site security personnel on a 24-hour, seven days a week basis to patrol all areas of the project. The on-site security shall serve as a liaison to the Police Department. 18. Twenty-four hour vehicular access to all areas of the completed project shall be provided for patrol officers to enhance patrol observation and crime prevention. 19. Prior to issuance of building occupancy, the Police Department shall be provided with primary and back-up emergency telephone numbers for responsible parties of all individual businesses, general administration, and security. 20. The parking structure should provide adequate vertical clearance (7 feet 6 inches) for passage of police vehicles equipped with overhead lights and antennas. 21. The project developer shall be subject to Mesa Consolidated Water District's (MCWD) fee schedule which includes a development impact fee. 22. Prior to the issuance of building permits, the developer shall demonstrate to MCWD and the Costa Mesa Planning Division that the use of low water use fixtures, plumbing fixtures, and appliances are planned for the project as follows: Interior a. Supply line pressure: Reduce water pressure according to MCWD by means of a pressure -reducing valve (exclusive of fie protection water). b. Drinking fountains: Equip drinking fountains with self-closing valves. C. Ultra-low flush toilets: Install 1.6 -gallon per flush toilets in all new construction. Exterior a. Landscape with low water consuming plants where feasible. b. Minimize use of lawn. 216 Exhibit Resolution 94-77 Planning Action PA -94-41 LIST OF MITIGATION MEASURES Page 4 of 4 C. Group plants of similar water use to reduce over irrigation of low water using plants. d. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water holding capacity of the soil by reducing evaporation and soil compaction. e. Preserve and protect existing trees and shrubs. Established plants are often adapted to low water using conditions and their use saves water needed to establish replacement vegetation. f. Instal efficient irrigation systems which minimize runoff and evaporation and maximize the water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few of the methods to consider in increasing the efficiency and may be feasible for the project. g. Use pervious paving material whenever feasible to reduce surface water runoff. h. Install separate domestic and irrigation water meters for future monitoring needs of MCWD. Tie into the reclaimed water system for irrigation needs, if required by MCWD. 23. The project shall be subject to the provisions of AB 939 as administered by the City of Costa Mesa. 24. The applicant shall pay a traffic impact fee as provided in the Development Agreement Amendment DA -88-02A at the time of building permit issuance. 25. The applicant shall construct or have constructed the needed improvements at the following intersections: a. Fairview Road/Baker Street (right-of-way acquisition in progress). b. Bristol Street/Sunflower Avenue (done). C. Bear Street/Paularino Avenue (done). d. Bear Street/Sunflower Avenue (done). e. New I-405 northbound off -ramp at South Coast Drive (under construction). f. Fairview Road/I-405 northbound and southbound off -ramps (under construction). The improvements at the above locations are specified in original Development Agreement DA -88-02. The costs of these improvements shall be credited towards the traffic impact fee. 26. The applicant shall participate in the South Coast Metro Transportation Management Association. 27. The applicant shall dedicate necessary land and construct bus turnouts in coordination with the Orange County Transportation Authority.