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HomeMy WebLinkAbout18-69 - Approving General Plan Amendment 18-02, 390 Ford Road and 1957 Newport Blvd.RESOLUTION NO. 18-69 A RESOLUTION OF THE CITY COUNCIL OF CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE INITIAL STUDY/ MITIGATION NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT 18-02, MASTER PLAN 18-05 AND VESTING TENTATIVE TRACT MAP NO. 18156 FOR DEVELOPMENT OF A 38 -UNIT THREE-STORY CONDOMINIUM DEVELOPMENT LOCATED AT 390 FORD ROAD AND 1957 NEWPORT BOULEVARD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa adopted the 2015-2035 General Plan on June 21, 2016; WHEREAS, California Government Code Section 65358(a) authorizes the City Council to amend the General Plan if it is deemed to be in the public interest; WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Costa Mesa; WHEREAS, by its very nature, the General Plan is subject to update and revision to account for current and future community needs; WHEREAS, an application was filed by Sandra Gottlieb of the Olson Company, authorized agent for the property owners, for real properties generally located at 1957 Newport Boulevard and 390 Ford Road (APNs 419-211-05, 419-212-05 and 115-270-29), requesting approval of the following: (1) Adoption of an Initial Study/Mitigated Negative Declaration; (2) General Plan Amendment 18-02 to change the land use designation from General Commercial (GC) to High Density Residential (HDR) with a site-specific density of 20.4 du/acre; (3) Rezone 18-01 to change the zoning from General Business District (C-2) to Planned Development Residential - High Density (PDR -HD) with a site-specific density of 20.4 du/acre; (4) Master Plan (PA 18-05) for site and building design for 38 attached townhome units including a deviation from the minimum open space requirement (42% required, 40% proposed including balconies), and providing a portion of open guest parking as carports; Resolution No. 18-69 Page 1 of 33 (5) Vesting Tentative Tract Map No. 18156 for subdivision of the 1.86 -acre site into a 38 -unit condominium development; and, (6) Abandonment of Ford Road from the existing residential uses to the west to Newport Boulevard on the east and replacing it with a one-way 16 -foot private access from Newport Boulevard. WHEREAS, General Plan Amendment 18-02 includes the following revisions to the Land Use Element, and as depicted in Exhibit A attached hereto: a) Figure LU -1 City wide Land Use Plan — amend the land use designation for the three parcels noted above from General Commercial (GC) to High Density Residential (HDR) b) Table LU -20 — update the number of units and General Commercial square footage based on the 38 -unit proposal; WHEREAS, based on the proposed General Plan Amendment, adoption of Ordinance No. 18-11 for Rezone 18-01 is necessary to establish consistency between the General Plan and Zoning; WHEREAS, consistent with the General Plan Amendment, Rezone 18-01 will change the zoning for three parcels generally addressed 1957 Newport Boulevard and 390 Ford Road (APNS. 419-211-05, 419-212-05 and 115-270-29) and a portion of the Ford Road right-of-way abandonment to Planned Development Residential - High Density (PDR -HD) with a maximum site-specific density of 20.4 dwelling units per acre that will be included in Table 13-58 for the project's 1.86 -acre site; WHEREAS, Planning Application 18-05 and the Vesting Tentative Tract Map is a request for a subdivision and a master plan for site plan and architectural plans including vacating Ford Road from the edge of the alley along the property on the west and Newport Boulevard on the east for the development of 38 attached three-story townhomes. WHEREAS, the Government Code of the State of California, Section 65402, provides in part that a local agency shall not acquire or lease real property nor abandon or dispose of any real property, nor construct a public building or structure in any county or city, until the location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan applicable thereto; Resolution No. 18-69 Page 2 of 33 WHEREAS, the proposed right-of-way vacation has been reviewed by the Engineering and Transportation Services Divisions, and it has been determined that this portion of Ford Road with a two-way access is not necessary for public street and highway purposes; WHEREAS, with the requested vacation and provision of a one-way drive, conditions of approval require that access from Newport Boulevard to Ford Road will be maintained; WHEREAS, a duly -noticed public hearing was held by the Planning Commission on September 10, 2018 with all persons provided an opportunity to speak for and against the proposed project; WHEREAS, the Planning Commission recommended that City Council approve the project by a 2-1 vote; WHEREAS, a duly -noticed public hearing was held by the City Council on October 2, 2018 with all persons provided an opportunity to speak for and against the proposed project; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) including the Mitigation Monitoring and Reporting Program was prepared in compliance with CEQA and the local environmental review guidelines; WHEREAS, the IS/MND was circulated for the required 30 -day public review period from August 8, 2018, to September 7, 2018; WHEREAS, the final adoption of the IS/MND shall be considered by the City Council as the final approval authority, after evaluation of the environmental document and all comments on the IS/MND received during the public review period; WHEREAS, written comments received from the general public, government entities, and other interested parties were responded to, where appropriate, in the manner prescribed in California Code of Regulations Section 15073; WHEREAS, no significant new information has been added to the IS/MND since its circulation for public comment and no changes to the proposed project have occurred which would require recirculation of the IS/MND under CEQA Guidelines Section 15073.5; WHEREAS, the City Council has reviewed and considered the IS/MND and has found that the IS/MND adequately evaluates the environmental impacts of the proposed project, Resolution No. 18-69 Page 3 of 33 and the IS/MND is complete, adequate, and fully complies with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the IS/MND reflects the independent judgment and analysis of the City of Costa Mesa; WHEREAS, the request for the vacation of a portion of Ford Road and approval of the Master Plan are inexorably linked in that the vacation of the public road and easements will determine building locations and a privately -owned one-way access road from Newport Boulevard. City Council shall serve as the final review authority on the vacation of the Easement; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit B, and subject to the conditions of approval contained in Exhibits C and C1, and all the mitigation measures included in the Mitigation Monitoring and Reporting Program contained within Exhibit D, the City Council hereby finds that the vacation of Ford Road is in conformance with the General Plan and take the following actions: (1) ADOPT the Initial Study/Negative Declaration including the Mitigation Monitoring and Reporting Program; (2) APPROVE General Plan Amendment 18-02 to change the land use designation of the project site from General Commercial (GC) to High Density Residential (HDR) with a site-specific density of 20.4 du/acre, as shown in Exhibit A; and, Master Plan (PA -18-05) for a 38 -unit residential development; (3) APPROVE Vesting Tentative Tract Map No. 18156 to subdivide the subject property for condominium purposes. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 2"d day of October, 2018. l c n ra L. Genis, Mayor Resolution No. 18-69 Page 4 of 33 ATTEST: (6(..Q,u& 19�tn.- Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED TO FORM: z Z/, f �G Z�( — Thomas P. Du e, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 18-69 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of October, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rd day of October, 2018. &Jwco- Brenda Green, ity Clerk Resolution No. 18-69 Page 5 of 33 EXHIBIT A OF RESOLUTION GENERAL PLAN AMENDMENT 18-02 Amendment to Land Use Map and Related Tables Change the Land Use Designation of 1.86- acre site from General Commercial (GC) to High Density Residential (HDR) with a Site- Specific Density of 20.4 du/acre Text changes to Land Use Summary Table as applicable. Resolution No. 18-69 Page 6 of 33 EXHIBIT 1 Land Use Element Table LU -3: Land Use Designations (2015) Residential Low -Density Residential <8 du/ ac 0.20/High Traffic 2,087.4 0.8 2,088.2 25.9% Medium -Density <12 du/ac 858.1 1.1 859.1 10.7% Residential - N/A 0.40/Low Traffic High -Density Residential',' <20 du/ac 842.9 2.9 .8 10.5% 0.25/Moderate Traffic 8487 Non -Residential Notes: 1. Within the Medium and High Density Residential designation, existing residential units legally built in excess of the dwelling units per acre standard may be rebuilt at the same higher density subject to other zoning code standards. The allowable density or number of units to be redeveloped would be limited to the 1990 General Plan density with a 25% incentive bonus for Medium - Density or a 50% incentive bonus for High Density or the existing number of units, whichever is less. 2. See High Density Residential text regarding areas in North Costa Mesa where the density allowance exceeds 20 units per acre. Site SpeciCk QpensiU S1f Duce a ppr_oyed /nr 1.86 -acre 38 unit project at 1957 Newport Blvd, and 390 Ford Road, 3. See Commercial Center, Regional Commercial, and Urban Center Commercial text for site specific density and FAR. 4. See text for Mixed -Use Development and Cultural Arts Center provisions for additional discussion. S. Varies, depends on development agreementforsite. LU -12 I Costa Mesa General Plan Resolution No. 18-69 Page 7 of 33 0.20/High Traffic Commercial -Residential <17.4 du/ac 0.30/Moderate Traffic 47.9 0.0 47.9 0.6% 0.40/Low Traffic 0.15/High Traffic 0.25/Moderate Traffic Neighborhood Commercial <20 du/ac - 0.35/Low Traffic 40.3 0.2 40.5 0.5% 0.75/Very Low Traffic 0.20/High Traffic 0. 30/Moderate Traffic 616:-3 General Commercial <20 du/ac - 0.40/Low Traffic 607.8 8.5 61.4_.4.4 7.7% 0.75/Very Low Traffic 0.25/High Traffic Commercial Center 3, <20 du/ac 0.35/Moderate Traffic 117.18 0.3 117.48 1.5% 0.45/Low Traffic 0.75/Very Low Traffic Urban Center Commercia13 20 to 80 du/ac N/A' 59.74 66.6 126.34 1.6% Cultural Arts Center" Varies° 1.77" 57.3 0.0 57.3 0.7% Regional Commercial <20 du/ac 0.652/0.894 147.9 0.0 147.9 1.8% 0.20/High Traffic Industrial Park <20 du/ac 0.30/Moderate Traffic 645.36 2.4 647.76 8% - 0.40/Low Traffic 0.75/Very Low Traffic 0.15/High Traffic Light Industria16 <20 du/ac 0.25/Moderate Traffic 374.2 4.0 378.1 4.7% - 0.35/Low Traffic 0.75/Very Low Traffic Public and Institutional -- 0.25 1,263.2 0.3 1,263.4 15.7 Golf Course -- <0.01 553.7 0.0 553.7 6.9% Fairgrounds -- <0.10 150.0 0.0 150.0 1.9% Multi -Use Center 15 to 25 du/ac 0.25 102.6 0.0 102.6 1.3% Totals 7,955.6 87.1T 8,042.4 100% Notes: 1. Within the Medium and High Density Residential designation, existing residential units legally built in excess of the dwelling units per acre standard may be rebuilt at the same higher density subject to other zoning code standards. The allowable density or number of units to be redeveloped would be limited to the 1990 General Plan density with a 25% incentive bonus for Medium - Density or a 50% incentive bonus for High Density or the existing number of units, whichever is less. 2. See High Density Residential text regarding areas in North Costa Mesa where the density allowance exceeds 20 units per acre. Site SpeciCk QpensiU S1f Duce a ppr_oyed /nr 1.86 -acre 38 unit project at 1957 Newport Blvd, and 390 Ford Road, 3. See Commercial Center, Regional Commercial, and Urban Center Commercial text for site specific density and FAR. 4. See text for Mixed -Use Development and Cultural Arts Center provisions for additional discussion. S. Varies, depends on development agreementforsite. LU -12 I Costa Mesa General Plan Resolution No. 18-69 Page 7 of 33 Table LU -6: Land Use Density and Intensity Summary Residential Low -Density Residential - 8 du/ac 26 p/ac -- -- Medium-Density Residential -- 12 du/ac 38 p/ac - -- High-Density Residential_ -- 20 du/ac 50 p/ac -- -- Non-Residential or Multi -Use Commercial -Residential -- 12 to 17.4 du/ac 40 p/ac 0.20 to 0.40 FAR 27 a/ac Neighborhood Commercial - 40 du/ac 50 p/ac 0.15 to 0.75 FAR 27 a/ac General Commercial -- -- 50 p/ac 0.20 to 0.75 FAR 27 a/ac Commercial Center 3,4 -- -- 50 p/ac 0.25 to 0.75 FAR 27 a/ac Urban Center Commercia12 660 20 du/ac50 80 du/ac to 210 p/ac 0.48 to 0.79 FAR 27 a/ac Cultural Arts Center 535 -- 25 p/ac 1.77 FAR 275 a/ac Regional Commercial',' - 50 p/ac 0.652 to 0.89 FAR 53 p/ac Industrial Park -- - 50 p/ac 0.20 to 0.75 FAR 58 a/ac Light Industrial -- 50 p/ac 0.15 to 0.75 FAR 58 a/ac Public and Institutional -- -- -- 0.25 FAR 44 a/ac Golf Course - -- -- 0.01 FAR -- Fairgrounds -- -- -- 0.10 FAR 14 a/ac Multi -Use Center' 582 6 du/ ac 40 du/ac 110 p/ac 0.25 FAR 4 to 15 a/ac Overlays and Urban Plans Residential Incentive Overlay' -- 40 du/ac 110 p/ac 0.20 to 0.75 FAR 27 a/ac SoBECA Mixed -Use Overlay' 450 40 du/ac 110 p/ac 1.00/1.25 FAR 27 to 44 a/ac Harbor Mixed -Use Overlay' 20 du/ac 55 p/ac 1.00/1.25 FAR 27 to 44 a/ac Westside Urban Plans' -- 20 du/ac 55 p/ac 1.00/1.25 FAR 27 to 44 a/ac Notes: 1. Increase in FAR from 1.00 to 1.25 may be allowed for mixed-use plans exhibiting design excellence. 2. Refer to the North Costa Mesa Specific Plan for detailed density/intensity and trip budgets for specific sites. 3. The Home Ranch site has a site-specific FAR of 0.64 for office development, residential development is not permitted due to the site-specific FAR. 4. For the LA Times site, 0.54 FAR applies to commercial development and 0.64 applies to office development. 5. Residential development is not permitted due to the site-specific FARs. 6. South Coast Plaza, west of Bear Street has a 0.89 FAR and east of Bear Street has a 0.652 FAR. 7. Of the 582 units, 332 would be designated at 40 du/ac that may be allowed at the Shannon Mountain's site within the Fairview Development Center. ;;8. The 38 -unit residential project at 1957 Newport Blvd. and 390 Ford Road has a Site Specific Density of 20.4 du acre. Costa Mesa General Plan I LU -27 Resolution No. 18.69 Page 8 of 33 EXHIBIT B OF RESOLUTION MASTER PLAN PA -18-05 AND VESTING TENTATIVE TRACT MAP NO. 18156 FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e), Review Criteria, because: Finding: A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses that exist or have been approved for the general neighborhoods. Facts in Support of Findings: With implementation of the mitigation measures identified in the IS/MND for the proposed project, all potentially significant environmental impacts have been reduced to less than significant levels. With the implementation of the recommended conditions of approval, the proposed project will be compatible and harmonious with uses that exist within the general neighborhood. The project features quality construction and materials. The proposal provides on-site amenities comparable with quality residential units. The proposed parking is adequate to meet the demand for this project. Finding: Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. Facts in Support of Findings: The proposed on-site parking will be sufficient to accommodate the proposed mix of units within this project. The project will provide adequate sight distance for vehicles at all project drive approaches. Fire Department turnarounds that will be provided at the end of Ford Road and also the alley facilitate emergency access. Prior to issuance of building permits, the applicant shall submit a Lighting Plan and Photometric Study to demonstrate compliance with City Code requirements (required as a condition of approval). The project has been conditioned to comply with these conditions; as a result, the safety and compatibility of the project has been insured. Finding: With approval of the General Plan Amendment and the density of 20.4 du/acre, the proposed high density residential use is consistent with the General Plan. Facts in Support of Findings: The project includes 38 dwelling units at 20.4 du/acre density, which is subject to approval of a General Plan Amendment Resolution No. 18-69 Page 9 of 33 adopted by resolution and Rezone adopted by ordinance. Both actions require approval by the City Council. Finding: The cumulative effect of all the planning applications have been considered. Facts in Support of Findings: The cumulative effects have been considered for this project and no significant impacts were identified. C. The proposed project complies with Costa Mesa Municipal Code Section 13- 29(g)(13), Tentative Tract Map Findings, because: Finding: The creation of the subdivision and related improvements is consistent with the General Plan and the Zoning Code. Facts in Support of Finding: The creation of the subdivision for condominium purposes and related improvements is consistent with the General Plan and the Zoning Code; the site is physically suitable to accommodate the subdivision in terms of type, design, and density of development; and the proposal is consistent with the State Subdivision Map Act. The creation of the subdivision is consistent with General Plan Land Use Element in that the project complies with Objective LU -1.3 which encourages owner -occupied housing to improve the balance between rental and ownership housing opportunities. The property is physically suitable to accommodate the subdivision for condominium purposes. Public Services staff has confirmed that there are no interferences with the City's or other utility right-of-way areas and/or easements within the tract, subject to Council approval of the abandonment of a portion of Ford Road. Finding: The proposed use of the subdivision is compatible with the General Plan. Facts in Support of Finding: The project proposes residential uses on the property. The project has a site density of 20.4 du/acre, which is consistent with the site-specific density approved under GPA 18-02 and Rezone 18-01. Finding: The subject property is physically suitable to accommodate the subdivision in terms of type, design, and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the Zoning Code and General Plan, and consideration of appropriate environmental information. Facts in Support of Finding: The City of Costa Mesa prepared an Initial Study/Mitigated Negative Declaration (IS/MND), which was conducted pursuant to the requirements of the California Environmental Quality Act (CEQA). The IS/MND supports the conclusion that the proposed project does not result in any Resolution No. 18-69 Page 10 of 33 significant environmental effects with implementation of the mitigation measures identified in the IS/MND. The project complies with the maximum allowed site - density as proposed. Deviations from the open space requirement, site coverage requirement, and providing open and guest parking within carports is approved as part of the overall master plan for the site finding that the master plan as proposed provides adequate open space, parking and setbacks from adjacent properties. The design of the three-story homes complies with the building mass and form, side and rear yard setbacks, elevation treatment, and architectural consistency guidelines. The architectural design is consistent throughout the site with Spanish Colonial design and added accents. A bermed landscape setback and stoops separate the homes from Newport Boulevard frontage and significant landscape setback is provided along the alley to the west and the mobile home park to the north. Finding: The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by State Government Code Section 66473.1. Facts in Support of Finding: The project provides private open space areas as patios or balconies for each unit, and incorporates landscaping, such as trees, to ensure natural and passive heating and cooling from the sun exposure. Most units are designed in a north -south position allowing for narrow portion of homes along the southern elevation to minimize sun exposure. The project also provides private open space areas under canopies. Finding: The subdivision and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract. Facts in Support of Finding: The proposed project does not interfere with the public right of way per the Public Services Division, subject to City Council approval of the abandonment of a portion of Ford Road. Finding: The discharge of sewage from this subdivision into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). Facts in Support of Finding: The applicant will be required to comply with all regulations set forth by the Costa Mesa Sanitation District as well as the Mesa Water District. Resolution No. 18-69 Page 11 of 33 D. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(5), Master Plan Findings, because: Finding: The project meets the master plan meets the broader goals of the general plan, any applicable 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. Facts in Support of Findings: The project requires approval of a general plan amendment and rezone to change the land uses designations on three parcels from commercial to residential, allowing for the proposed 38 -unit townhome development. The project would provide a better transition to residential uses located to the west of the project site, than would be allowed under the existing commercial zoning. As conditioned, the project would satisfy the required findings for the proposed code deviations and is designed as a high-quality development; therefore, it is consistent with the intent of the General Plan. The proposed minor increase to the density is subject to approval of the City Council and would potentially allow one additional unit to be developed on the project site (compared to the density allowed by the proposed residential zoning). The design of the three-story homes complies with the building mass and form, side and rear yard setbacks, elevation treatment, and architectural consistency guidelines. The architectural design is consistent throughout the site with Spanish Colonial design and added accents. A berrned landscape setback and stoops separate the homes from Newport Boulevard frontage and significant landscape setback is provided along the alley to the west and the mobile home park to the north. The deviations from minimum open space and maximum site coverage are in part due to the special circumstances of the site and the product type proposed. The project site includes consolidation of three parcels that are irregular in shape and not viable for commercial development; closure of Ford Road facilitates consolidation of these parcels into a project site that is viable for development. Providing a one-way access from Newport Boulevard as negotiated with the mobile home park management increases the hardscape areas and is one factor in the applicant's request for a deviation from the requirement for open space at ground level. In addition, the applicant is proposing surplus covered parking spaces in the form of both garages and carports to exceed the minimum Code - required number of covered parking spaces. Nine additional guest parking spaces are proposed for an overall total of 140 spaces on-site. The project provides a pocket park for outdoor gatherings and as conditioned, each of the units includes a private balcony with a minimum 100 square feet in area. Resolution No. 18-69 Page 12 of 33 E. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. An IS/MND was prepared for the proposed project, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment, mitigation measures have been included as conditions of approval that reduce impacts to less than significant levels. F. Mitigation Measures from the IS/MND have been included as Exhibit E. If any of these conditions are removed or substantially modified, the Planning Commission must make a finding that the project will not result in significant environmental impacts. G. 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 at all affected intersections by the payment of traffic impact fees. H. The proposed buildings are an excessive distance from the public street necessitating fire apparatus access and provisions of on-site fire hydrants. Resolution No. 18-69 Page 13 of 33 EXHIBIT C OF RESOLUTION CONDITIONS OF APPROVAL Ping. 1. PA -18-05 and VTT-18156 shall comply with the conditions of approval, code requirements, special district requirements, and mitigation measures of the IS/MND for this project. Mitigation measures from the IS/MND for this project have been included as Exhibit D. If any of these conditions are removed, the Planning Commission must make a finding that the project will not result in significant environmental impacts. 2. The conditions of approval, including Mitigation Measures incorporated by as Exhibit D, code requirements, and special district requirements of PA - 18 -05 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 3. Prior to issuance of certificate of occupancy, applicant shall provide a Buyer's Notice for review/approval to the Development Services Director. It will serve as written notice of the existing noise environment and commercial operations of neighboring properties. The notification shall also include the required provisions with regards to one-way vehicular access from Newport Boulevard, bikeway and pedestrian access through the site and maintenance of these areas by the homeowners' association. Buyers must sign a disclosure to acknowledge that they have read and understand the land use and access conditions. The disclosure notice shall be kept on file by the developer and shall be approved in form and substance by the City Attorney's office. 4. A residential parking management plan shall be submitted to the Development Services Director and the Transportation Services Manager prior to issuance of first certificate of occupancy. The parking management plan shall denote the following: a. Method of allocation of assigned parking, as applicable. b. Location of visitor parking, including appropriate signage. c. Provide proof of a contract with a towing service to enforce the parking regulations if parking problems arise. 5. 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. Specifically, the proposed architecture consists of Modern Spanish, Plantation, and Modern Farmhouse style architecture for the various floor plans. Elevations shall not be modified unless otherwise approved by the Development Services Director as consistent with the architectural design and features of the proposed development. Failure to obtain prior Planning Division approval of the modification could result in the Resolution No. 18-69 Page 14 of 33 requirement of the applicant to (re)process the modification through a discretionary review process, or to modify the construction to reflect the approved plans. 6. At plan check a privacy/line of sight study shall be submitted for review. Second and third floor windows shall be offset to avoid privacy issues to the second story windows of abutting properties. Windows which cannot be offset must be frosted or sill height elevated to maintain privacy. 7. The subject property's ultimate finished grade level may not be filled/raised in excess of 36 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on- site storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official 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 subject property shall preserve or improve the existing pattern of drainage on abutting properties. Applicant is advised that recordation of a drainage easement across the private street may be required to fulfill this requirement. 8. The developer shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy. This inspection is to confirm that the Planning Division conditions of approval and code requirements have been satisfied. 9. 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. 10. Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts to residential areas either within the garages or within the side yard areas (behind fences). 11. 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. 12. The project shall incorporate green building design and construction techniques where feasible; CAL Green Code or higher as determined by applicant. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. Resolution No. 18-69 Page 15 of 33 13. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are permitted. This condition relates to visually prominent features of scuppers or downspouts that not only detract from the architecture but may be spilling water from overhead without an integrated gutter system which would typically channel the rainwater from the scupper/downspout to the ground. An integrated downspout/gutter system which is painted to match the building would comply with the condition. This condition shall be completed under the direction of the Planning Division. 14. A decorative perimeter stucco finish wall a minimum of 6 feet in height shall be constructed along the north and south boundaries of the site, prior to issuance of certificates of occupancy unless otherwise approved by the Development Services Director. Where walls on adjacent properties already exist, the applicant shall work, to the extent practical and feasible, with the adjacent property owner(s) to prevent side-by-side walls with gaps in between them. 15. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Developer is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 16. Developer shall submit a detailed Landscape Plan for the public and private open spaces, for review and approval by the Development Services Department, prior to any construction landscape improvements. The plan shall include all decorative hardscape and landscape improvements as shown on the conceptual plans to provide visual relief for the project from the street. Final materials shall be subject to approval by the Planning Division. 17. Along Newport Boulevard, the landscape plan shall feature a mix of 24 - inch and 36 -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 20 -foot wide landscape area in front of the Newport Boulevard shall be landscaped with dense trees and vegetation to the fullest extent possible. The landscape plan shall be approved prior to issuance of building permits. 18. The project shall provide a minimum of 40 percent open space with a maximum of six percent provided as balconies. All units shall be provided with a minimum 100 square foot balcony directly connected to the living areas (except Plan 1, which may provide a minimum of 67 SF per plan). Resolution No. 18-69 Page 16 of 33 19. If the project is constructed in phases, the perimeter walls, landscaping along the frontages, and irrigation shall be installed prior to the release of utilities for the first phase. 20. To avoid an alley -like appearance, private streets shall not be entirely paved with asphalt nor be developed with a center concrete swale. The private streets shall be complemented by stamped concrete or pervious pavers. The final landscape concept plan shall indicate the landscape palette and the design/material of paved areas. 21. Prior to issuance of grading permits, developer shall identify to the Development Services Director a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. 22. 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 neighboring uses to the fullest extent that is reasonable and practicable. The plan shall include construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. The plan should mitigate disruption to businesses during construction. The truck route plan shall preclude truck routes through residential areas and major truck traffic during peak hours. The total truck trips to the site shall not exceed 200 trucks per day (i.e., 100 truck trips to the site plus 100 truck trips from the site) unless approved by the Development Services Director or Transportation Services Manager. 23. Prior to issuance of building permits, the building plans shall demonstrate that all units are equipped with a mechanical ventilation system that will properly filter the indoor air. The ventilation system can be a component of the air conditioning system with the distinction being that clean, ventilated air flow does not necessarily need coolant. 24. Developer shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of (1) City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the Resolution No. 18-69 Page 17 of 33 City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. 25. Transformers, backflow preventers, and any other approved aboveground utility improvement shall be located outside of the required street setback area and shall be screened upon view, under direction of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director. 26. Prior to the issuance of building permits, the applicant shall submit a Lighting Plan and Photometric Study for the approval of the City's Development Services Department. The Lighting Plan shall demonstrate compliance with the following: • The mounting height of lights on light standards shall not exceed 18 feet in any location on the project site unless approved by the Development Services Director; • The intensity and location of lights on buildings shall be subject to the Development Services Director's approval; • All site lighting fixtures shall be provided with a flat glass lens. Photometric calculations shall indicate the effect of the flat glass lens fixture efficiency; • Lighting design and layout shall limit spill light to no more than 0.5 foot-candle at the property line of the surrounding neighbors, consistent with the level of lighting that Is deemed necessary for safety and security purposes on site; and, • Glare shields may be required for select light standards. 27. All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust. All grading (regardless of acreage) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the contractor would implement each of the following: a. Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is necessary to prevent visible dust emissions from exceeding 100 feet in any direction. b. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface. c. Water excavated soil piles hourly or covered with temporary coverings. Resolution No. 18-69 Page 18 of 33 d. Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. e. Wash mud -covered tired and under -carriages of trucks leaving construction sites. f. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing project sites. g. Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. 28. Permanently installed wood burning devices are not permitted. A wood burning device means any fireplace, wood burning heater, or pellet -fueled wood heater, or any similarly enclosed, permanently installed, indoor or outdoor device burning any solid fuel for aesthetic or space -heating purposes, which has a heat input of less than one million British thermal units per hour. 29. The project shall comply with Title 24 of the California Code of Regulations established by the energy conservation standards. The project Applicant shall incorporate the following in building plans: • Double paned glass or window treatment for energy conservation shall be used in all exterior windows. • Buildings shall be oriented north/south where feasible. 30. During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the California Code of Regulations, Section 1529, which provides for exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to asbestos. Asbestos -contaminated debris and other wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. 31. During demolition, grading, and excavation, workers shall comply with the requirements of Title 8 of the California Code of Regulations, Section 1532.1, which provides for exposure limits, exposure monitoring, respiratory protection, and good working practice by workers exposed to lead. Lead -contaminated debris and other wastes shall be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. Resolution No. 18-69 Page 19 of 33 32. Prior to investigations, demolition, or renovation, all activities shall be coordinated with Dig Alert (811). 33. Applicant shall provide proof of establishment of a homeowners association prior to release of any utilities. Provide proof of recordation of Subdivision Map and CC&RS prior to issuance of building permits unless otherwise approved by the Development Services Director. 34. Prior to issuance of a final certificate of occupancy for the first unit, the City Attorney's office shall review and approve the CC&R provisions related to transient occupancy. These include any and all types of vacation rentals, short-term or long-term rentals, bed and breakfast lodging, boardinghouse, residency hotel, etc. If the violation is not rectified within 30 days by eviction of the tenant(s), the owner shall be subject to a first citation of $150, including fines as adopted by the City Council. (At this time fines range from $150 for the first infraction to $500 for three plus infractions.). The Development Services Director may apply fines not to exceed $500 per day for violations that are not resolved. 35. Prior to issuance of building permits, the applicant 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. a. The CC&Rs shall contain provisions requiring that the maintenance association effectively manage parking and contract with a towing service to enforce the parking regulations. b. The CC&Rs shall also contain provisions related to preservation and maintenance of the private street and perimeter landscaping in perpetuity by the maintenance association. The CC&Rs shall also contain the buyer's notice as an exhibit. c. The CC&R's shall contain restrictions requiring residents to park vehicles in garage spaces provided for each unit. Storage of other items may occur only to the extent that vehicles may still be parked within the required garage at the number for which the garage was originally designed and to allow for inspections by the association to verify compliance with this condition. d. The CC&Rs shall contain provisions requiring that the maintenance association submit a signed affidavit to the City of Costa Mesa on an annual basis to certify the following: • The garages in the residential community are being used for vehicle parking by the resident(s). • The vehicle parking areas within the garage are not obstructed by storage items, including but not limited to, toys, clothing, tools, boxes, equipment, etc. Resolution No. 18-69 Page 20 of 33 • The resident(s) have consented to voluntary inspections of the garage to verify the parking availability, as needed. • The form and content of the affidavit shall be provided by the City Attorney's office. Failure to file the annual affidavit is considered a violation of this condition. e. Open parking spaces on the private streets shall be open, unassigned, and available for all guest of the development. Proper signage indicating a tow -away zone shall be required. f. The common area open space shall be maintained as open space and not privatized for use of individual owners. g. Any subsequent revisions to the CC&Rs related to these provisions must be reviewed and approved by the City Attorney's office and the Development Services Director before they become effective. 36. The app I icant/deve lope r shall record a private access easement on the property with the Orange County Recorder's Office in a form approved by the City Attorney's office that provides the mobile home park with road access from Newport Boulevard to Ford Road. The private drive shall be maintained by the homeowners association. Notice of the private access easement shall also be included in the Homebuyer Notification. PC 37. The applicant shall install entry monument signs on Newport Boulevard with the name and address of the residential development subject to approval by Development Services Director. Trans. 38. Redesign the transition from Ford Road within the development on the westerly side. The centerline of the proposed road shall align with the centerline of the existing Ford Road to the greatest extent feasible subject to approval of the Transportation Manager. 39. Construct commercial drive approach at Newport Boulevard. Comply with minimum clearance requirements from property lines and vertical obstructions. 40. The one way driveway access on Newport Boulevard shall remain open for all vehicular, pedestrian and bikeway access. 41. Provide a signing and striping plan for the designation of the driveway on Newport Boulevard as a one way driveway. 42. The applicant/developer is hereby advised that the parking on Ford Road between Parsons Street and the alley west of the proposed development is restricted to vehicles displaying valid parking permits. Only households in R-1 zones are eligible for parking permits per the City Council Guidelines for Resident Only Parking approved January 2016. This notice needs to be included in the Homebuyer Notification. Eng. 43. Comply with requirements contained in the letter prepared by the City Engineer (Exhibit Cl). Resolution No. 18-69 Page 21 of 33 Fire 44. Comply with the requirements of the 2016 California Fire Code, including the 2016 Intervening Update and referenced standards as amended by the City of Costa Mesa. 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. All noise -generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 3. Development shall comply with all requirements of Article 1, Chapter 5, and Article 9, Chapter 5 of Title 13 of the Costa Mesa Municipal Code relating to development standards for residential projects. 4. Pay Park fee prior to certificate of occupancy. Applicable fee shall be that fee in effect at the time the subdivision application is filed with the City. 5. A minimum 20 -foot by 20 -foot clear interior dimension shall be provided for all 2 -car garages. 6. Minimum garage door width shall be 16 feet (2 -car garages). 7. Parking stalls within the private street shall be double -striped in accordance with City standards. 8. All new on-site utility services shall be installed underground. 9. Installation of all new 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. 10. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 11. The project shall be subject to the submission of legal instruments setting forth a plan or manner of permanent care and maintenance of all common open space and other facilities provided in the final development plan. Resolution No. 18-69 Page 22 of 33 12. All landscaped areas shall be separated from paved vehicular areas by 6 - inch high continuous Portland Cement Concrete curbing. 13. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108 and the City's Water Efficient Landscape Guidelines, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. The two (2) sets of landscape and irrigation plans shall be attached to two of the final building plan sets. 14. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 15. If present and/or projected exterior noise exceeds 60 CNEL, California Noise Insulation Standards, Title 25, California Code of Regulations require a maximum interior noise level of 45 CNEL for residential structures. If required interior noise levels are achieved by requiring that the design for the structure must also specify the means that will be employed to provide ventilation and cooling if necessary, to provide a habitable interior environment. 16. 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. Bldg. 17. Comply with the requirements of the following adopted codes Code, 2016 California Building Code, 2016 California Electrical code, 2016 California Mechanical code , 2016 California Plumbing code , 2016 California Green Building Standards Code and 2016 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance ) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites ,facilities, buildings and elements by individuals with disability shall comply with 11 A of the 2016 California Building Code. 18. Prior to issuing the Building permit the conditions of approval shall be on the approved Architectural plans. 19. Prior to the Building Div. (AQMD) issuing a demolition permit contact South Coast Air Quality Management District located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 Or Resolution No. 18-69 Page 23 of 33 Visit their web site http://www.costamesaca.gov/modules/showdocument.aspx?documentid=23 381 The Building Division will not issue a demolition permit until an identification number is provided by AQMD. 20. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. 21. Submit a precise grading plans, an erosion control plan and a hydrology study. 22. Submit a soils report for this project. Soil's Report recommendations shall be printed on both the architectural and the precise grading plans. i -The ground adjacent immediately to the foundation shall be slopes away from the building at a slope of not less than 5% for a minimum distance of 10 feet measured perpendicular to the face of the wall CBC sec. 1804.3. See also exception. ii -On graded sites the top of exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved discharge devise a minimum Trans. 23. Construct all proposed driveway approaches to comply with City standards. 24. Fulfill mitigation of off-site traffic impacts at the time of issuance of Certificate of Occupancy by submitting to the Transportation Division. The required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based upon the average daily trip generation rate of 7.32 trip ends per dwelling unit for the proposed project and includes a credit for any previously existing uses. At the current rate the Traffic Impact Fee is estimated at: $32,037.00 NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of Certificate of Occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. Fire 25. Prior to the issuance of a Building Permit, the City of Costa Mesa Fire Department shall review and approve the project design features to assess compliance with the California Building Code and California Fire Code. 26. Project construction shall comply with Chapter 33, California Fire Code, 2013. 27. The project shall provide an automatic fire sprinkler system according to NFPA 13D. 28. Provide "blue dot" reflective markers for all on-site fire hydrants. 29. Provide on-site fire hydrants and access per approved fire master plan. Resolution No. 18-69 Page 24 of 33 SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani 1. It is recommended that the developer contact the Costa Mesa Sanitary District at (949) 645-8400 to obtain Sanitary District requirements. 2. Applicant will be required to construct sewers to serve this project, at his own expense, meeting the approval of the Costa Mesa Sanitary District. 3. Applicant shall submit a plan showing sewer improvements that meets the District Engineer's approval to the Building Division as part of the plans submitted for plan check. 4. The applicant is required to contact the Costa Mesa Sanitary District at 949- 645-8400 to arrange final sign -off prior to certificate of occupancy being released. 5. Unless an off-site trash hauler is being used, applicant shall contact the Costa Mesa Sanitary District at 949-645-8400 to pay trash collection program fees and arrange for service for all new residences. Residences using bin or dumpster services are exempt from this requirement. AQMD 6. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by the district. School 7. Pay applicable Newport Mesa Unified School District fees to the Building Division prior is issuance of building permits. State 8. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Water 9. Customer shall contact the Mesa Water District — Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District. Resolution No. 18-69 Page 25 of 33 EXHIBIT C1 OF RESOLUTION PUBLIC SERVICES CONDITIONS - VTT 18156 PAGES 26-29 Resolution No. 18-69 Page 26 of 33 August 30, 2018 CITY OF COSTA MESA P O BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION Costa Mesa Planning Commission City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 SUBJECT: Vesting Tentative Tract No. 18156 LOCATION: 1957 Newport Boulevard and 390 Ford Road Dear Commissioners: Vesting Tentative Tract Map No. 18156 as furnished by the Planning Division for review by the Public Services Department consists of subdividing three parcels into one numbered lot for condominium purposes. Vesting Tentative Tract Map No. 18156 meets with the approval of the Public Services Department, subject to the following conditions: 1. The Tract shall be developed in full compliance with the State Map Act and the City of Costa Mesa Municipal Code (C.C.M.M.C.), except as authorized by the Costa Mesa City Council and/or Planning Commission. The attention of the Subdivider and his engineer is directed to Section 13-208 through 13-261 inclusive, of the Municipal Code. 2. The Subdivider shall conduct soil investigations and provide the results to the City of Costa Mesa Engineering and Building Divisions pursuant to Ordinance 97-11. 3. Two copies of the Final Tract Map shall be submitted to the Engineering Division for checking. Map check fee shall be paid per C.C.M.M.C. Section 13-231. 4. A current copy of the title search shall be submitted to the Engineering Division with the first submittal of the Final Tract Map. 5. Dedicate an ingress/egress easement to the City for emergency and public security vehicles purposes only. Maintenance of easement shall be the sole responsibility of a Homeowners Association formed to conform to Section 13-41 (e) of the C.C.M.M.C. 6. Vehicular and pedestrian access rights to Newport Boulevard and Ford Road shall be released and relinquished to the City of Costa Mesa except at approved access locations. 7. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct a modified drive approach along Newport Boulevard as shown on the offsite plan to serve as a right turn only entrance to this Tract. Location and dimensions are subject to the approval of the Transportation Services Manager. 8. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. sidewalk along Newport Boulevard per City of Costa Mesa Standards as shown on the Offsite Plan. Resolution No. 18-69 Page 27 of 33 PHONE- (714) 754-5335 FAX (714) 754-5028 TDD: (714) 754-5244 www.costamesaca.00v Planning Commission 2018 9. Submit for approval to the City of Costa Mesa, Engineering Division, Street Improvement that show Sewer and Water Improvements, prepared by a Civil Engineer. 10. Submit for approval to the City of Costa Mesa plans that show the undergrounding of overhead utility cables in connection with the removal of power poles along the alley to the extent practical or feasible. The existing street lights on wooden poles along the alley shall be replaced with Southern California Edison's marblelite street lights. 11. The Subdivider shall submit a cash deposit of $730 for street sweeping at time of issuance of a Construction Access permit. Full amount of deposit shall be maintained on a monthly basis prior to and during construction until completion of project. 12. Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements prior to approval of Final Tract Map. 13. The Subdivider's engineers shall furnish the Engineering Division a storm runoff study to the City of Costa Mesa showing existing and proposed facilities, and the method of draining this area and tributary areas without exceeding the capacity of any street or drainage facility on- site or off-site. This study to be furnished with the first submittal of the Final Tract Map. Cross lot drainage shall not occur. 14. In order to comply with the latest DAMP, the proposed Project shall prepare a Water Quality Management Plan (WQMP) conforming to the Current National Pollution Discharge Elimination System (NPDES) and the Model WQMP, prepared by a Licensed Civil Engineer or Environmental Engineer, which shall be submitted to the City of Costa Mesa, Engineering Division, for review and approval. • A WQMP (Priority or Non -Priority) shall be maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall ensure that the existing water quality measures for all improved phases of the project are adhered to. • Location of BMPs shall not be within the public right-of-way. 15. Ownership and maintenance of the private on-site drainage facilities, BMPs, parkway culverts and other common areas shall be transferred by the owner to the Homeowner Association to be formed pursuant to C.C.M.M.C. Section 13-41 (e) and said association shall indemnify and hold harmless the City of Costa Mesa for any liability arising out of or in any way associated with the connection of the private drainage system with the City's drainage system, and shall execute and deliver to the City of Costa Mesa the standard (indemnity) Hold Harmless Agreement required for such;conditions prior to issuance of permits. 16. Sewer improvements shall meet the approval of the Costa Mesa Sanitary District; call (949) 645-8400 for information. 17. Water system improvements shall meet the approval of Mesa Consolidated Water District; call (949) 631-1200 for information. 18. Dedicate easements as needed for public utilities. 19. Prior to recordation of the Final Tract Map, Ford Road must be vacated by the City of Costa Mesa between Newport Boulevard and the alley immediately adjacent to the project. Resolution No. 18-69 Page 28 of 33 Planning Commission 2018 20. Prior to recordation of the Final Tract Map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Subarticle 12, Section 7-9-337 of the Orange County Subdivision Code. 21. Prior to recordation of a Final Tract Map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Subarticle 12, Section 7-9-337 of the Orange County Subdivision Code. 22. Survey monuments shall be preserved and referenced before construction and replaced after construction, pursuant to Section 8771 of the Business and Profession Code. 23. The elevations shown on all plans shall be on Orange County benchmark datum. 24. Prior to recordation of a Final Tract Map, submit required cash deposit or surety bond to guarantee monumentation. Deposit amount to be determined by the City Engineer. 25. Prior to occupancy on the Tract, the surveyor/engineer shall submit to the City Engineer a Digital Graphic File, reproducible Mylar of the recorded Tract Map, and approved off-site plan and nine copies of the recorded Tract Map. Sincerely, Baltazar Mejia, P. E. City Engineer (Engr 2018/Planning Commission Tract 18156) Resolution No. 18-69 Page 29 of 33 EXHIBIT D OF RESOLUTION MITIGATION MONITORING AND REPORTING PROGRAM CEQA Requirements Section 15097 of the CEQA Guidelines require a public agency to adopt a program for monitoring or reporting on the changes it has required in the project or conditions of approval to substantially lessen significant environmental effects. This Mitigation, Monitoring and Reporting Program (MMRP) summarizes the mitigation commitments identified in the Newport & Ford Residential Project (Project). Mitigation measures are presented in the same order as they occur in the Initial Study/Mitigated Negative Declaration (IS/MND). The columns in the MMRP table provide the following information: • Mitigation Measure(s): The action(s) that will be taken to reduce the impact to less than significant. • Responsible Implementation Agency: The agency or private entity responsible for ensuring implementation of the mitigation measure. For the proposed Project, the City of Costa Mesa, as the CEQA Lead Agency, remains responsible for ensuring that implementation of the mitigation measures occur in accordance with the MMRP (CEQA Guidelines, Section 15097(a)). • Monitoring Phase, Enforcement Agency, and Monitoring Agency: 1. The general timing for implementing each mitigation measure. 2. The agency or private entity responsible for enforcing the implementation of the mitigation measure. For the proposed Project, the City of Costa Mesa, as the CEQA Lead Agency, remains responsible for enforcing the implementation of the mitigation measures occur in accordance with the MMRP (CEQA Guidelines, Section 15097(a)). 3. The agency responsible for monitoring the implementation of the mitigation measure. • Date of Compliance: The date in which the mitigation measure has been completed. Resolution No. 18-69 Page 30 of 33 TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM FOR THE NEWPORT & FORD RESIDENTIAL PROJECT 1. Monitoring Phase 2. Enforcement Agency Responsible Date of Mitigation Measure Implementation Agency 3. Monitoring Agency Compliance Biological Resources BIO -1: Nesting Birds. The Applicant shall ensure that Development Services 1. Construction removal of trees occur outside the bird nesting season, which Department 2. Development Services occurs generally February 15 to August 31, is monitored by a qualified biologist to ensure that no impacts to actively 3. Development Services nesting birds take place. If any active bird nests are found (i.e., containing at least one nestling or potentially viable egg), protection of the nest and contents should be accomplished by setting up appropriate buffers around any active nesting sites until young fledge or the nest fails. Cultural Resources CUL -1: Unanticipated Discovery of Archaeological Resources. If cultural resources are encountered during ground -disturbing activities, work within 50 feet of the find must halt and a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology must be contacted immediately to evaluate the find. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation may be warranted. The on-site monitoring shall end when the project site grading and excavation activities are completed, or sooner if the archaeologist indicates that the site has a low potential for archeological resources. During monitoring, the archaeologist shall complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. Following completion of monitoring, the archaeologist shall prepare a summary memorandum of finds, their significance under CEQA and their disposition. CUL -2: Unanticipated Discovery of Paleontological Resources. The applicant shall retain a qualified paleontologist to observe all grading activities that occur three (3) feet or more below the site's surface. The paleontologist shall be responsible for monitoring all subsequent excavations and professionally recovering and evaluating any fossil remains discovered during excavation, while not impeding development. Additionally, the paleontologist shall collect and process sediment samples to determine the small fossil potential in the site. The paleontologist shall ensure that any fossils recovered are deposited in an accredited and permanent scientific institution for the benefit of current and future generations. Development Services 1. Construction Department 2. Development Services 3. Development Services Development Services 1. Construction Department 2. Development Services 3. Development Services Resolution No. 18-69 Page 31 of 33 Mitigation Measure CUL -3: Unanticipated Discovery of Human Remains. The discovery of human remains is always a possibility during ground -disturbing activities. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the county coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Hazards and Hazardous Materials 1. Monitoring Phase Responsible 2. Enforcement Agency Date of Implementation Agency 3. Monitoring Agency Compliance Development Services 1. Construction Department 2. Development Services 3. Development Services HAZ-1: The Applicant shall be responsible for conducting the Development Services 1. Design/Preconstruction following measure and providing evidence of such and proper Department 2. Development Services disposal to the Chief Building Official prior to any clearing or demolition permits being issued for the Project site: a pre 3. Development Services demolition asbestos material survey shall be performed on the existing 390 Ford Road building as required by the South Coast Air Quality Management District, and any identified asbestos shall be removed from the site by a licensed asbestos abatement contractor in accordance with all applicable regulations. HAZ-2: The Applicant shall be responsible for conducting the following measure and providing evidence of such and proper disposal to the Chief Building Official prior to any clearing or demolition permits being issued for the Project site: a pre - demolition lead based paint survey shall be performed of the existing 390 Ford Road building consistent with applicable regulations, and any identified lead based paint shall be removed from the site by a licensed abatement contractor in accordance with all applicable regulations. HAZ-3: The Applicant shall be responsible for conducting the following measure and providing evidence of such and proper disposal to the Chief Building Official prior to any clearing or demolition permits being issued for the Project site: a pre - demolition Petromat survey of the asphalt within the portion of Ford Road included in the Project site. The survey shall be performed as required by the South Coast Air Quality Management District, and any identified asbestos shall be removed from the site by a licensed asbestos abatement contractor in accordance with all applicable regulations. Noise Development Services 1. Design/Preconstruction Department 2. Development Services 3. Development Services Development Services 1. Design/Preconstruction Department 2. Development Services 3. Development Services NOI-1: Surrounding Noise Impacts to On-site Uses. Prior Development Services 1. Design/Construction to building occupancy, a 3 -foot wall along the Newport Department 2. Development Services Boulevard perimeter shall be constructed in order to allow for recreational space to be less than 65 dB CNEL. Since there 3. Development Services would be a break in the barrier along Ford Ftoad, the return should extend at least 16 feet on both sides of the road, or return into a taller structure for at least 16 feet. Resolution No. 18-69 Page 32 of 33 1. Monitoring Phase Responsible 2. Enforcement Agency Mitigation Measure Implementation Agency 3. Monitoring Agency NOI-2: Construction Noise. Prior to the Grading Permit Development Services Issuance, the Contractor shall demonstrate to the satisfaction Department of the City of Costa Mesa Public Works Department that the Project complies with the following: • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g. residences, convalescent homes, etc.) Tribal Cultural Resources TCR -1: Native American Monitoring. The applicant shall Development Services retain representative(s) of Gabrielino heritage to perform Department Native American monitoring of all ground disturbance. If prehistoric cultural resources are recovered, all tribal groups shall have input in regard to treatment and all materials will be reburied on site at a location deep enough not to be disturbed in the future. Native American monitoring shall cease when the project site grading and excavation activities are completed, or sooner if the Native American monitor indicates that the site has a low potential for Native American resources. During monitoring, the archaeologist shall complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. Following completion of monitoring, the monitor shall prepare a summary memorandum of finds, their significance under CEQA and their disposition. 1. Design/Construction 2. Development Services 3. Development Services 1. Construction 2. Development Services 3. Development Services Resolution No. 18-69 Page 33 of 33 Date of Compliance