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HomeMy WebLinkAbout19-60 - Approval of PA-19-12, The PlantRESOLUTION NO. 19-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA APPROVING PLANNING APPLICATION 19-12 FOR A MIXED -USE PROJECT (THE PLANT) AT 765-767 BAKER STREET AND 2972 CENTURY PLACE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Chris Bennett, representing Lab Holdings, LLC, the property owner, requesting approval of the following: Planning Application 19-12 is a request for a Master Plan for a mixed -use development (The Plant) at 765 - 767 Baker Street and 2972 Century Place. The project consists of the proposed renovation of three existing commercial buildings (containing the former Car Mart and Plant Stand) totaling 19,100 square feet, for retail and restaurant uses surrounding a central courtyard area. In addition, new buildings are proposed consisting of two greenhouse structures at 540-square-feet and 700-square-feet which will contain food stall uses, and a four-story mixed use building with 48 residential units, 14 live/work units, and 2,570 square feet of workshop/maker office space above a two -level parking structure containing 170 parking spaces. Additionally, 39 on -site open parking spaces and 34 open parking spaces accessible from Century Place are proposed, for a total of 243 proposed parking spaces. WHEREAS, the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332 for In -Fill Development Projects. WHEREAS, the CEQA determination for this project reflects the independent judgment of the City of Costa Mesa. WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 8, 2019 with all persons having the opportunity to speak for and against the proposal. WHEREAS, at the conclusion of the July 8, 2019 public hearing, the Planning Commission approved the project. WHEREAS, a request for review of the Planning Commission's decision for the project was filed on July 15, 2019 by Councilmember Sandy Genis. Resolution No. 19-60 Page 1 of 16 WHEREAS, a duly noticed public hearing was held by the City Council on September 3, 2019, with all persons having the opportunity to speak for and against the proposal. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the City Council hereby upholds the July 8, 2019 decision of the Planning Commission and hereby APPROVES Planning Application 19-12. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application 19-12 and upon the applicant's compliance with each and all of the conditions in Exhibit B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. 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 3rd day of September, 2019. ATTEST: Brenda Green, bty Clerk Resolution No. 19-60 Page 2 of 16 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 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. 19-60 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of September, 2019, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, REYNOLDS, MARK, STEPHENS, FOLEY NOES: COUNCIL MEMBERS: MANSOOR ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 4th day of September, 2019. (d5jr� aLML, Brenda Green City Clerk Resolution No. 19-60 Page 3 of 16 EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-83.53(c), Master Plan Findings for Mixed -Use Overlay Districts, of the Municipal Code due to the following: Finding: The project is consistent with the General Plan, meets the purpose and intent of the mixed -use overlay district, and the stated policies of the Urban Plan as applicable. • Facts in Support of Findings: The project, as conditioned, meets the purpose and intent of the mixed -use overlay district, and the stated policies of the General Plan and the Urban Plan. The project would allow for the redevelopment of existing buildings that currently have minimal landscaping and streetscape appeal. The proposed project would enhance the visual appearance of the property from the public streets and provide the type and mix of land uses that were envisioned in the Urban Plan. The following is the project's consistency with specific policies and objectives of the 2015-2035 General Plan. Policy LU-1.1: Provide for the development of a mix and balance of housing opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segments of the community. Consistency. The mixed -use project would provide a variety of uses, including commercial uses, live/work units and residential units on a portion of a site formally dedicated for industrial uses. The project would create a varied land use in the project area and provide additional housing opportunities. Objective LU-6A: Ensure the long-term productivity and viability of the community's economic base. Consistency. The project would revitalize a currently underused parcel of land, thus supporting the long-term productivity and viability of the community's economic base. Policy LU-6.1: Encourage a mix of land uses that maintain and improve the City's long-term fiscal health. Consistency. The project would provide a mix of land uses (commercial and residential) conducted on a site containing existing buildings that would be specifically modified to accommodate the proposed use, as well as new construction. Resolution No. 19-60 Page 4 of 16 Policy LU-6.13: Encourage new development along major corridors that are pedestrian oriented and includes a mixture of retail/service, residential, and office uses. Consistency. The project involves new development along a major corridor in the City's SoBECA area and proposes a mix of commercial and residential uses. The proposed project provides a mix of different land uses. Policy LU-6.15: Promote unique and specialized commercial and industrial districts within the City which allow for incubation of new orgrowing businesses and industries. Consistency. The use will be located within an Urban Plan Overlay District that encourages unique and specialized commercial uses. Due to its nature as a mixed -use development, i.e., combining residential, live/work, workshop maker/office, and retail and food uses, the project, if approved, would promote a specialized commercial use that would allow for incubation of new or growing businesses and industries. Finding: The project includes adequate resident -serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas. Facts in Support of Findings: The project meets the required open space for the residential component of the project, and the proposed plans indicate sufficient resident -serving amenities such as plazas and active and passive recreation areas as required in the Urban Plan. Finding: The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, and toxic emanations. Facts in Support of Findings: Facts in Support of Findings: The project, as conditioned, will ensure future residents will have adequate protection from noise and other nuisances. A "Notice To Residents" disclosing that the project is located in an area surrounded by commercial and industrial uses and could be subject to existing and potential minor annoyances or inconveniences associated with industrial and commercial uses such as hours of operation, delivery schedules, outdoor uses, noise and odor generation, and the potential for toxic emanations typical of an urban environment, will be required. Finding: The proposed residences have adequate separation and screening from adjacent commercial/industrial uses through site planning considerations, structural features, landscaping, and perimeter walls. Facts in Support of Findings: As discussed earlier, the project, as proposed, complies withal applicable requirements of the Urban Plan with regard to the residential portion of the project. The proposed exceeds the Resolution No. 19-60 Page 5 of 16 requirements in the Unban Plan with regard to building separation, and will have perimeter screen walls separating the subject property from the surrounding uses where appropriate. B. The project is exempt from the provisions of CEQA under CEQA Guidelines Section 15332 for In -Fill Development Projects. The project is exempt because the use, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; the project site is located within city limits on a site that is less than five acres in size and is surrounded by urban uses; the project site is developed and has no value as habitat for endangered species, rare or threatened species; the project would not result in significant impacts relating to traffic, noise, air quality or water quality; and the site is adequately served by existing utilities and services. C. The project, as conditioned, is consistent with Chapter XI I, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts addressed by the payment of traffic impact fees. D. The proposed buildings are an excessive distance from the street necessitating fire apparatus access. Resolution No. 19-60 Page 6 of 16 EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the staff report. Any change in the operational characteristics including, but not limited to, the hours of operation indicated, shall require review by the Planning Division and may require an amendment to the master plan subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)]. 2. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement. 3. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. CAL Green Code or higher as determined by applicant. 4. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 5. A parking management plan shall be submitted to the Development Services Director and the Public Services Director 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 customer, resident, and guest parking, including appropriate signage. c. Location of security gates, if any, and how gates will be operated. d. Provide proof of a contract with a towing service to enforce the parking regulations if parking problems arise. 6. Open, unassigned parking spaces shall be clearly marked as guest parking spaces. Signage will be posted to indicate that these spaces are available to all visitors. 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. 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. 9. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are permitted. This condition relates to visually prominent Resolution No. 19-60 Page 7 of 16 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. 10. No modification(s) of the approved building elevations including, but not limited to, change of architectural type, 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. Projections are included to maximize floor space on upper floors and provide building articulation, texture and color variation throughout the project's design. 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 requirement of the applicant to (re)process the modification through a discretionary review process or a variance, or in the requirement to modify the construction to reflect the approved plans. 11. 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. 12. 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. 13. 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. 14. 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 Resolution No. 19-60 Page 8 of 16 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. 15. A "Notice to Residents" shall disclose that the project is located within an area designated as General Commercial and Light Industry in the City of Costa Mesa General Plan and is subject to existing and potential annoyances or inconveniences associated with commercial and industrial land uses. The Notice shall disclose the existing surrounding industrial land uses, including but not limited to, operational characteristics such as hours of operation, delivery schedules, outdoor activities, noise and odor generation and the potential for toxic emanations typical of an urban environment. In addition, the Notice shall state that the existing land use characteristics are subject to change in the event that new businesses move or existing businesses change ownership. The Notice shall be reviewed/approved by the City Attorney's office and Development Services Director prior to recordation. The Notice shall serve as written notice of the then existing noise environment and any odor generating uses within the mixed -use development and within a 500-foot radius of the mixed use development, as measured from the legal property lines of the development lot. The Notice shall be remitted to any prospective resident or tenant within three days of the execution of a rental/lease agreement. 16. Marketing materials, including any model units constructed on -site, shall clearly identify and disclose that the ground floor workspaces for the live/work units are designed to be utilized as workspaces to potential tenants. 17. The live/work units shall comply with all applicable requirements of the Urban Plan as they pertain to allowable uses identified in the Urban Plan Land Use Matrix. 18. Per the noise study prepared for the project, double -paned windows shall be installed for residential units that are exposed to the traffic noise on Baker Street. 19. 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: Resolution No. 19-60 Page 9 of 16 a. 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; b. The intensity and location of lights on buildings shall be subject to the Development Services Director's approval; c. All site lighting fixtures shall be provided with a flat glass lens. d. Photometric calculations shall indicate the effect of the flat glass lens fixture efficiency; e. 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, f. Glare shields may be required for select light standards. 20. Prior to final inspections, the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb drive, to the Planning Division. All site plans shall include an accurate and precise drawing of all building footprints and property line locations for the entire project site. All buildings shall be annotated with its corresponding address and suites if applicable. 21. The applicant shall defend, with counsel approved by the City, 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, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. 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 City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 22. Parking spaces along Century Place shall be open to the general public at all times. A maximum of 26 of the 34 spaces may be time restricted; a minimum of 8 spaces shall be unrestricted. 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. Resolution No. 19-60 Page 10 of 16 Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Approval of the planning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and a valid building permit has been maintained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy has been issued; or 3) the use has been established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. 3. 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. 4. Street address(es) shall be visible from the public street and shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum twelve (12) inches in height with not less than three -fourth -inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be four (4) inches in height with not less than one -fourth -inch stroke and shall contrast sharply with the background. 5. Development shall comply with all requirements of Articles 3 and 9, Chapter V, Title 13 of the Costa Mesa Municipal Code relating to commercial development standards. 6. Pay Park fee prior to building permit issuance. Applicable fee shall be that fee in effect at the time building permits are issued by the City 7. Parking stalls shall be double -striped in accordance with City standards. 8. Driveway ramp slope shall comply with the standards contained in the City's parking ordinance. 9. All on -site utility services shall be installed underground. Resolution No. 19-60 Page 11 of 16 10. Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division. 11. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. All roof -mounted equipments prohibited. 12. Transformers, backflow preventers, and any other approved above- ground utility improvement shall be located outside of the required street setback area and shall be screened from view, under direction of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director. 13. 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. 14. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 15. 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. 16. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 17. Prior to or concurrent with submittal of plans for grading/building plan check, applicant shall prepare and submit documentation for compliance with the state Water Resources Control Board (SW RCB) Water quality Order 99-08- DWQ; National Pollutant Discharge Elimination System (NPDES) Permit No. CAS000002 for Storm Water Discharges Associated with Construction Activity (General Permit); the California Regional Water Quality Control Board (RWQCB) Santa Ana Region Order No. R8-2002-0010 and NPDES Permit No. CAS618030; and the City of Costa mesa Ordinance No. 97-20 for compliance with NPDES Permit for the City of Costa mesa. Such documentation shall include a Storm Water Pollution Prevention Plan if over 1 acre and a Water Quality Management Plan (WQMP) identifying and detailing the implementation of the applicable Best Management Practices (BMPs). Bldg. 18. 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, Resolution No. 19-60 Page 12 of 16 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 disabilities shall comply with chapter 11 A and 11 B of the 2016 California Building Code. Exterior walls shall comply with 2016 California Building Code Section 705.8 and Table 705.8. 19. Prior to issuing the building permit, the conditions of approval shall be required to be incorporated on the approved architectural plans. 20. Prior to the Building Division issuing a demolition permit. contact South Coast Air Quality Management District (AQMD) located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 or Visit their web site: http://www.costamesaca.gov/modules/showdocument.aspx?documentid =23381. The Building Division will not issue a demolition permit until an Identification no.is provided by AQMD. 21. Provide a plan to the County of Orange Health Department for review and approval. 22. Submit a precise grading plans, an erosion control plan and a hydrology study. 23. Submit a soils report for this project. Soil's Report recommendations shall be blueprinted on both the architectural and the precise grading plans. 24. If the design is per the 2016 California Building Code comply with the following two items a & b below: a. 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. b. 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 of 12 inches plus 2 percent 2013 California Building Code Section 1808.7.4 Fire 25. Comply with the requirements of the 2016 California Fire Code and referenced standards as amended by the City of Costa Mesa. 26. Submit a Fire Department Site Access Plan for review and approval per the requirements of the Costa Mesa Fire & Rescue Fire Plan Submittal Checklist and Plan Guidelines. 27. At the time of development submit a separate fire underground plan, fire sprinkler plan and fire alarm plan for review and approval as required by the California Fire Code. Eng. 28. At the time of development submit for approval an Offsite Plan to the Engineering Division and Grading Plan to the Building Division that shows Resolution No. 19-60 Page 13 of 16 Sewer, Water, Existing Parkway Improvements and the limits of work on the site, and hydrology calculations, both prepared by a registered Civil Engineer or Architect. Construction Access approval must be obtained prior to Building or Engineering Permits being issued by the City of Costa Mesa. Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the City of Costa Mesa. 29. Maintain the public Right -of -Way in a "wet -down" condition to prevent excessive dust and remove any spillage from the public Right -of -Way by sweeping or sprinkling. 30. Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an approved Offsite Plan shall be required prior to Engineering Permits being issued by the City of Costa Mesa. 31. Obtain an encroachment permit from the Engineering Division for any work in the City public right-of-way. Pay required permit fee & cash deposit or surety bond to guarantee construction of off -site street improvements at time of permit per section 15-31 & 15-32, C.C.M.M.C. as approved by City Engineer. Cash deposit or surety bond amount to be determined by City Engineer. 32. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. driveway approaches per City of Costa Mesa Standards as shown on the Offsite Plan. Location and dimensions are subject to the approval of the Transportation Services Manager. ADA compliance required for new and existing driveway approaches. In addition, prior to issuance of the first building permit for the development site, the applicant shall record a reciprocal access agreement between Lot 1 and the development site to provide site access as shown on the approved site plan. 33. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then reconstruct damaged or non-ADA compliant sidewalk per City of Costa Mesa Standards and current ADA requirements as shown on the Offsite Plan. 34. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk. 35. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and relocate the curb and gutter along Century Place to accommodate the new perpendicular public parking stalls. The new parking stalls pavement shall be reconstructed per City Engineer's recommendation. Mill and overlay a minimum of 2 inches from the new curb and gutter to the centerline of Century Place and along the entire length of property frontage. 36. Install wheel stops 2.5 feet from the new curb line for the new public parking stalls along Century Place. The maintenance of the wheel stops shall be the sole responsibility of the developer. Resolution No. 19-60 Page 14 of 16 37. Dedicate a 6-foot public sidewalk easement as shown on the offsite improvement plans to the City of Costa Mesa. Maintenance of the new sidewalk shall be the sole responsibility of the property owner. 38. Dedicate a 10-foot street and highway easement behind existing right-of- way line along Baker Street to the City of Costa Mesa per City's Master Plan of Highways. 39. Dedicate a diagonal corner cut-off at the corner of the proposed street & highway easement along Baker Street to the existing right -of -line on Century Place per City of Costa Mesa Standards. 40. Fulfill Drainage Fee requirements per City of Costa Mesa Ordinance No. 06-19 prior to approval of Final Map/Approval of Plans. 41. In order to comply with the 2003 Drainage Area Management Plan (DAMP), the proposed Project shall prepare a Water Quality Management Plan 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 Department of Public Works for review and approval. a) 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. b) Location of BMPs shall not be within the public right-of-way. 42. Prior to issuance of building permits, the applicant shall record a Lot Line Adjustment for the consolidation of Lots 2, 3,and 4, subject to approval by City staff. The Applicant shall record a deed restriction specifying that Lots 1 and 2 cannot be sold separately until either the existing building straddling the lot lines is demolished, or the location of the lot line is otherwise resolved in a manner that conforms to both the applicable provisions of the Costa Mesa Municipal Code and the Subdivision Map Act. Trans. 43. At the time of issuance of issuance of building permits, submit to the Transportation Services Division the required traffic impact fee pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated including credits for all existing uses. At the current rate per trip end, the traffic impact fee is estimated at $132,775.00. 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 that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. The applicant is required to contact the Costa Mesa Sanitary District at (949) 654-8400 to arrange final sign -off prior to certificate of occupancy being released. Resolution No. 19-60 Page 15 of 16 2. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 3. Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Water 4. 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. State 5. 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. Call CDFA at (714) 708- 1910 for information. Resolution No. 19-60 Page 16 of 16