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HomeMy WebLinkAbout14-39 - Initial Study/Mitigated Negative Declaration of Units at 511 Hamilton StreetRESOLUTION NO. 14-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING PLANNING COMMISSION'S APPROVAL BY ADOPTING AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION; AND APPROVING, MASTER PLAN PA -13-29, AND TENTATIVE TRACT MAP 17668 FOR DEVELOPMENT OF 28 UNITS INCLUDING SEVEN LIVE/WORK- UNITS AT 511 HAMILTON STREET; and 2089, 2095 AND 2099 HARBOR BOULEVARD NOW THEREFORE, the City Council of the City of Costa Mesa finds and resolves as follows: WHEREAS, an application was filed by South Coast Communities LLC on behalf of the property owner, Red Mountain Asset Fund I, LLC requesting approval of the following: 1) Adoption of an Initial Study/Mitigated Negative Declaration (IS/MND). 2) Planning Application PA -13-29 — Master Plan for development of a 28 -unit residential project including seven live/work units to replace several vacant buildings on the site generally located at the southwest corner of Harbor Boulevard and Hamilton Street. The project includes the following requests: • A Minor Modification to reduce the perimeter open space along Harbor Boulevard from 20 feet to 17 feet. • A Variance to reduce the. perimeter open space along Hamilton Street from 20 feet to 10 feet. • Deviation from Residential Design Guidelines with respect to second and third floor ratios to first floor (100% allowed, 104% - 110% percent proposed). 3) Tentative Tract Map 17668 — Subdivision of a 1.53 -acre property for condominium purposes to allow private sale and ownership of the live/work and residential units. WHEREAS, a duly noticed public hearing were held by the Planning Commission on May 27, 2014, with all persons provided an opportunity to speak for and against the proposed project; WHEREAS, the environmental review for the project was processed in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Costa Mesa Environmental Guidelines, and the IS/MND was available for public review from April 9, 2014 to May 9, 2014; Resolution No. 14-39 Page 1 of 3 WHEREAS, the Costa Mesa Planning Commission held a public hearing on May 27, 2014, considered responses to comments received during the public review period on the IS/MND; and adopted resolution approving the IS/MND the proposed live/work and residential project will not have a significant impact on the environment with the incorporation of the mitigation measures identified in the IS/MND; WHEREAS, on May 30, 2014, an application for a review of Planning Commissioner's decision was filed by Councilmember Genis; WHEREAS, a duly noticed public hearing was held by the City Council on June 17, 2014 with all persons having the opportunity to speak for and against the proposal; WHEREAS, the Costa Mesa City Council finds that the proposed live/work and residential project will not have a significant impact on the environment with the incorporation of the mitigation measures identified in the Initial Study/Environmental Assessment; and WHEREAS, the Costa Mesa City Council has considered responses to comments received during the public review period on the IS/MND. THEREFORE, BE IT RESOLVED that based on the evidence in the record, the findings contained in Exhibit" A", and subject to conditions of approval/mitigation measures indicated in the Mitigation Monitoring Program contained in Exhibits "B" and "C", the City Council does hereby approve Initial Study/ Mitigated Negative Declaration for Master Plan PA -13-29 and Tentative Tract Map 17668 with respect to the property described above. THEREFORE, BE IT FURTHER 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 PLANNING COMMISSION'S ACTION AND APPROVES Planning Application PA -13-29 and Tentative Tract Map 17668. THEREFORE, 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 PA -13-29 and Tentative Tract Map 17668 and upon applicant's compliance with each and all of the conditions in Exhibit "B", and compliance of all applicable federal, state, and local laws. Resolution No. 14-39 Page 2 of 3 1 1 1 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. PASSED AND mer r ATTEST: 9�wk (km Brenda Green City Clerk this 17TH day of June, 2014. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROV S TO FORM: Thom ua City Attorney I, Brenda Green, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore -going Resolution No. 14-39 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 17th day of June, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Monahan, Mensinger, Righeimer NOES: COUNCIL MEMBERS: Genis and Leece ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of June, 2014. &-W .W BRENDA GREM, , CITY CLERK Resolution No. 14-39 Page 3 of 3 EXHIBIT "A" FINDINGS A. The information presented in the administrative record substantially meets the .required conditions of Costa Mesa Municipal Code Section 13-29(g)( (5) in that: Required Finding: 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. Response: The City Council determined on February 4, 2014 that a residential project would be consistent with the General Plan and could proceed with entitlement processing as a master plan pursuant to the Zoning Code. The project combines several parcels currently vacant and developed with dilapidated buildings and replaces them with a high-quality, detached ownership units to improve the balance between rental and ownership opportunities. The project is a condominium development with a central driveway with primary ingress and egress provided at Charle Street and a secondary access from Hamilton Street. The proposed project is an example of private market investment that enhances the site and its surroundings. The project provides new housing opportunities at a density of 19 units per acre, which can be supported by the existing infrastructure. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(14) in that: Required Finding: The project complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the Residential Design Guidelines, which are intended to promote design excellence in f new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features. Response: The 28 -unit condominium development includes a minor modification and a variance from the Zoning Code with regards to perimeter open space along Harbor Boulevard and Hamilton Street. With approval of these deviations, the design of the units meets the intent of the City's Residential Development Standards and Design Guidelines and promotes design excellence with consideration given to site planning and building orientation, overall open space, landscaping and architectural design. The project incorporates varied, high-quality building materials on the building elevations which include both horizontal and vertical modulation. Off -set forms provide a visual transition between the three levels and create both horizontal and vertical relief to the wall planes. Sufficient landscaping and open space is provided for each individual lot per the Zoning Code requirements. Required Finding: The visual prominence associated with the construction of three-story homes in a predominately one-story neighborhood has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid long unarticulated two-story walls. Response: The neighborhood is developed with single -story and two-story buildings. The elevations of the proposed residences include a variety of materials to highlight the vertical offsets and horizontal floor to floor transitions. Required Finding: The proposed development plan and subdivision meets the broader goals of the General 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. Response: The proposed project provides ownership opportunities for a neighborhood in transition in proximity to Harbor Boulevard commercial corridor. C. The proposed tentative tract map complies with Costa Mesa Municipal Code Section 13-29(g)(13) because: Required Finding: The creation of the subdivision and related improvements is consistent with the General Plan and the Zoning Code. Response: The creation of the subdivision is consistent with General Plan Land Use Element in that the project complies with Objectives 1A.4, 2A.7, and 2A.8 by developing owner -occupied housing to improve the balance between rental and ownership housing opportunities, the project encourages increased private market investment in declining or deteriorating neighborhoods. Required Finding: The proposed use of the subdivision is compatible with the General Plan. Response: The project density is 19 units per acre, consistent with the Objectives of the General Plan and the site's inclusion in the Planned Development Commercial Zoning that allows a maximum density of 20 units per acre. Required 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. Response: An Initial Study/ Mitigated Negative Declaration was prepared for the project that identified specific mitigations measures related to biological resources, hazardous materials, land use and noise. With compliance with standard conditions of approval and incorporation of the mitigation measures, potential impacts of the project with be less than significant. Required 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. Response: The proposed project is designed with more than half of the buildings oriented in an east -west direction to take advantage of passive solar heating as well as passive ventilation from ocean breezes. The inclusion of a combination of medium and large size trees will also help provide shade to the residences. Required 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. Response: As conditioned, the proposed project does not interfere with the public right of way. Required 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). Response: 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. D. The information presented in the administrative record substantially meets the required conditions of Costa Mesa Municipal Code Section 13-29(g)( (1) in that: Required Finding: Because of special circumstances applicable to the property, the strict application of development standards deprives such property of privileges enjoyed by others in -the vicinity under identical zoning classifications: Response: The project site is an irregular shaped property with three frontages on public streets. Applying the perimeter setback requirements on all street frontages and specifically on Hamilton Street will restrict full development of the site. The Hamilton Street frontage is a secondary frontage typically treated as side yard on corner properties where primary access is provided from the front. Required Finding: The deviation granted shall be subject to such conditions as will assure that the deviation authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the properly is situated. Response: The project is conditioned to provide additional trees and a decorative vehicular gate that will complement the Hamilton Street frontage. Required Finding: The granting of the deviation will not allow a use, density, or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. Response: The General Plan Land Use designation allows residential development of up to 20 du/acre on this site. The proposed is proposed at 19 du/acre. E. The proposed project meets the recommendation of the Residential Design Guidelines with four-sided architecture and incorporation of a variety of colors and materials. The proposed second and third floor ratio to first floor of 104% - 110% is not including the ground floor porches and roof extensions that will reduce the top heavy effects of the upper levels. F. In accordance with the requirements of the California Environmental Quality Act .(CEQA), the State CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines, an IS/MND was prepared that was available for public review from April 9, 2014 to May 9, 2014. With compliance with standard conditions of approval and incorporation of mitigation measures related to biological resources, hazardous materials, land use and noise, any potential environmental impacts will be less than significant. G. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The expiration of Planning Application PA -13-29 shall coincide with the expiration of the approval of the Tentative Tract- Map 17668 which is valid for two years. An extension request is needed to extend the expiration for each additional year after the initial two-year period. 2. The conditions of approval for PA -13-29 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 3. The Tentative Tract Map shall be processed as a subdivision for condominium purposes. 4. A decorative six-foot high perimeter Masonry wall shall be constructed around the perimeter of the site, with the excpetion of southerly property line abutting Red -E -Rentals and the adjacent to the the medical office building at 2077 Harbor Blvd, which shall include an 8 -foot high masonry block wall,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 with the adjacent property owner(s) to prevent side-by-side walls with gaps in between them and/or provide adequate privacy screening by trees and landscaping. 5. The interior fences or walls between the homes shall be a minimum of six feet in height block walls or decorative fencing subject to approval of Development Services. 6. 7. The 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. 8. Prior to issuance of building permits, a final landscape plan indicating the landscape palette and the design/material of paved areas shall be submitted for review and approval by the Planning Division. 9. The applicant shall plant a minimum of two, 48 -inch box accent trees on opposite sides of the vehicular gate on Hamilton Street. The size and number of trees within the public rights-of-way on Harbor Boulevard and Charle Street shall be subject to review and approval of Public Services Department and final inspection by Development Services. 10. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance including landscape screening (upright trees and shrubs) along Re -E -Rentals and the medical office building at 2077 Harbor Boulevard, to the satisfaction of the Development Services Director. 11. 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. 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. 12. The exterior roof drain scuppers and drain downspouts shall be painted to match the building exterior(s). This condition shall be completed under the direction of the Planning Division. No exterior roof access ladders are permitted. 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 residential 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 residents 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 30 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. 15. 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. 16. To avoid an alley -like appearance, the private street shall not be developed with a center concrete swale. The private street shall be complemented by stamped concrete or pervious pavers as approved by Development Services Director. 17. 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 HOA e homeowner's association (HOA) effectively manage parking and contract with a towing service to enforce the parking regulations, and to prevent to the maximum extent possible guest and resident parking on adjacent properties. B. The CC&Rs shall also contain provisions related to night-time lighting and active use of the common areas (if applicable). These provisions shall prohibit amplified noise, loud parties/gatherings, night-time lighting other than for security purposes, or any other activities that may be disruptive to the quiet enjoyment of neighboring properties after sunset. C. The CC&Rs shall also contain provisions related to use, preservation and maintenance of the common drive aisle and open space areas in perpetuity by the homeowner's association. D. The CC&Rs shall contain restrictions requiring residents to park vehicles in garage spaces provide for each unit, be that a one, two or three car garage. Storage of other items may occur only to the extent that vehicles may still be parked within the require garage spaces. E. The CC&Rs shall include reference to Permitted uses in the live/work units shall be restricted to the Land Use Matrix of approved uses attached as Exhibit D and note that the seven live/work units to be marketed and maintained as live/work units. F. The CC&Rs shall include a statement that the current configuration of the access from Charle Street is not adequate for installation of a vehicular gate in the future. 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. 18. The CC&Rs shall be recorded prior to issuance of certificates of occupancy. 19. Prior to issuance of building permits, the applicant shall provide proof of recordation of Tract Map 17668. 20. 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. 21. Prior to release of any utilities, the applicant shall provide proof of establishment of a Homeowners Association. 22. The applicant 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, 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. 23. Permitted uses in the live/work units shall be restricted to the Land Use Matrix of approved uses attached as Exhibit D. Developer shall market and offer the 7 units with ground floor work space as live/work units to potential buyers. 24. 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. 25.. Prior to issuance of the building permit, the first floor plan, of Units Cx and DX shall be revised to remove the reference to the wall separating the work space from hallway and entrance to increase the size of the workspace. 26. A "Notice to Buyers" shall disclose that the project is located within an area designated as General Commercial in the City of Costa Mesa General Plan and is subject to existing and potential annoyances or inconveniences associated with commercial land uses. The Notice shall disclose the existing surrounding commercial land uses, including but not limited to, operational characteristics such as hours of operation, delivery schedules, outdoor activities, and noise and odor generation. 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 Buyer's Notice shall be reviewed/approved by the City Attorney's office and Development Services Director prior to recordation. The Buyer's Notice shall serve as written notice of the then existing noise environment and any odor generating uses within the development and within a 500 -foot radius of the development, as measured from the legal property lines of the development lot. The Buyer's Notice shall be remitted to any prospective purchaser or tenant at least 15 days prior to close of escrow, or within three days of the execution of a real estate sales contract or rental/lease agreement, whichever is longer. The final document shall be provided to adjacent property owners for reference. The Buyer's Notice shall also indicate that business operations in the live/work units shall be consistent with the land use matrix included in Exhibit D and subject to zoning authorization and obtaining a business license. 27. 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. ■ Glare shields may be required for select light standards. 28. 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. Utilities 29. Prior to the issuance of a connection permit, the applicant shall pay the . applicable water connection fees. Trans. 30. Construct driveways approaches at locations specified on submitted site plan. 31. Close any unused drive approaches with full height curb and gutter, per City standards. 32. The applicant shall extend the length of the eastbound left -turn storage lane on Hamilton Street by an additional 50 feet for a total storage length of 200 feet, to the satisfaction of Transportation Division Manager. CODE REQUIREMENTS (PA -13-29, TTM 17668) 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. 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. 3. Prior to issuance of building permits, applicant shall contact the US 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. 4. 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. 5. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 6. All on-site utility services shall be installed underground. 7. 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. S. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 9. 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 windows be inoperable or closed, 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. 10. Street trees in the landscape parkway shall be selected from Appendix D of the Streetscape and Median Development Standards and appropriately sized and spaced (e.g. 15 -gallon size planted at 30' on centers), or as determined by the Development Services Director once the determination of parkway size is made. The final landscape concept plan shall indicate the design and material of these areas, and the landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits. 11. In the event that archaeological resources are encountered during grading and construction, all construction activities shall be temporarily halted or redirected to. permit the sampling, identification, and evaluation of archaeological materials as determined by the City, who shall establish, in cooperation with the project applicant and a certified archaeologist, the appropriate procedures for exploration and/or salvage of the artifacts. 12. In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for significance and, if necessary, develop a paleontological resources impact mitigation plan (PRIMP) for the review and approval by the City prior to resuming excavation activities. 13. If human remains are encountered, State 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. The County Coroner must be notified of the find immediately. if the 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). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. 14. 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: ■ 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. ■ 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. ■ Water excavated soil piles hourly or covered with temporary coverings. ■ 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. ■ Wash mud -covered tired and under -carriages of trucks leaving construction sites. ■ 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. ■ Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. ■ Cease grading during period when winds exceed 25 miles per hour. ■ Water exposed surfaces three times per day. ■ Water exposed surfaces three times per day. Bldg.. 15. Comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Green Building Standards Code and 2013 California Energy Code (or the applicable adopted, California Building Code, California Residential 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. Areas of alteration and additions shall comply with 2013 California Green Building Standards Code section 5.303.2 and 5.303.2 16. The applicant shall submit grading plans, an erosion control plan and a hydrology study. A precise grading plan shall not be required if any of the following are met: 1- An excavation which does not exceed 50 CY on any one site and which is less than two feet in vertical depth, or which does not create a cut slope greater than 1 Y2:1 (excluding foundation area). 2- A fill less than one foot in _depth placed on natural grade with a slope flatter than 5:1, which does not exceed 50 CY on any one lot and does not obstruct a drainage course. 3- A fill less than three feet in depth, not intended to support structures, which does not exceed 50 CY on any one lot and does not obstruct a drainage course. 17. The applicant shall submit a soils report for this project. Soil's Report recommendations shall be blueprinted on both the architectural and grading plans. For an existing slopes or when new slopes are proposed the Soils report shall address how existing slope or the new slope will be maintained to avoid any future failure. 18. Prior to the issuance of Grading Permits, the project applicant shall provide the City of Costa Mesa Department' of Building Safety the geotechnical investigation of the project site detailing recommendations for remedial grading in order to reduce the potential of onsite soils to cause unstable j conditions. Design, grading, and construction shall be performed in accordance with the requirements of the California Building Code applicable at the time of grading, appropriate local grading regulations, 'and the recommendations of the geotechnical consultant as summarized in a final written report, subject to review by the City of Costa Mesa Department of Building Safety. I 19. The project shall comply with the NPDES requirements, as follows: Construction General Permit Notice of Intent (NOI) Design: Prior to the issuance of preliminary or precise grading permits, the project applicant shall provide the City Engineer with evidence that an NOI has been filed with the Storm Water Resources Control Board (SWRCB). Such evidence shall consist of a copy of the NOI stamped by the SWRCB or Regional Water Quality Control Board (RWQCB), or a letter from either agency stating that the NOI has been filed. Construction Phase Storm Water Pollution Prevention Plan (SWPPP): Prior to the issuance of grading permits, the applicant shall prepare a SWPPP that complies with the Construction General Permit and will include at a minimum a detailed discussion of the BMPs planned for the project related to control of sediment and erosion, nonsediment pollutants, and potential pollutants in non -storm water discharges, and post -construction BMPs for the project. Explain the maintenance program for the project's BMPs List the parties responsible for the SWPPP implementation and the BMP maintenance during and after grading. The project Applicant shall implement the SWPPP and modify the SWPPP as directed by the Construction General Permit. 20. 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 two percent. 2013 California Building Code CRC 403.1.7.3. 21. The lot shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of six inches within the first ten feet. CRC R401.3 22. Projections, including eaves, shall be one-hour fire resistive construction, heavy timber or of noncombustible material if they project into the five foot setback area from the property line. They may project a maximum of 12 inches beyond the three foot setback. CRC Tables R302.1(1) and R302.1(2). 23. 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. 24. 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. Trans. 25. Full 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. 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 26. A Fire Master Plan that includes (1) final details of the access gate at Hamilton, (2) location of fire hydrants, and (3) fire access management (fire lane), shall be approved by the Costa Mesa Fire Department prior to the issuance of a Building Permit. 27. Provide (2) Class A Fire Hydrants to be located per the direction of the Costa Mesa Fire Department. Fire Hydrants shall be capable of providing a minimum of 1500 gpm at 20 psi. 28. Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. The road shall be all weather and capable of supporting fire apparatus. 29. All homes shall be provided with residential fire sprinkler systems in accordance with the California Fire Code, 2013. 30. The project shall provide individual numeric signage for proposed residences with minimum.6 inches height. Sani. 31. 32. The applicant shall submit a trash pick-up route subject to review and approval of the Costa Mesa Sanitation District (CMSD). The route shall facilitate cart pick-up on the right hand side of the truck. The bins shall be placed side-by- side approximately 1 foot apart and at least 3 feet from any obstruction. If we CMSD cannot safely service this property, dumpster service shall be required. 33. The applicant shall submit plans for review and approval by the Mesa Water District. Police 34. As final building plans are submitted to the City of Costa Mesa for review and approval, the Costa Mesa Police Department shall review all plans for the purpose of ensuring that design requirements are incorporated into the building design to increase safety and avoid unsafe conditions. These measures focus on security measures are recommended by the Police Department, including but not limited to, the following: ■ Lighting shall be provided in open areas and parking lots. ■ Required building address numbers shall be readily apparent from the street. ■ Emergency vehicle parking areas shall be designated within proximity to buildings. ■ Prior to the issuance of a grading permit, the City of Costa Mesa Police Department shall review and approve the developer's project design features to ensure adequate security measures are incorporated into the project design and that sufficient personnellresources are available to meet the demands of the proposed project. Any requirements with regard to additional resources shall be completed by the Developer and shall be implemented to the satisfaction of the Police Chief to ensure that emergency response impacts are minimized to below a level of significance. Eng. 35. Comply with the requirements contained in the letter prepared by the City Engineer dated May 14, 2014 (attached as Exhibit E). 36. Prior to approval of Plans, the project shall fulfill the City of Costa Mesa Drainage Ordinance No. 06-19 requirements. 37. Submit required cash deposit or surety bond to guarantee construction of off- site street improvements at time of permit per Section 15-32, C.C.M.M.C. and as approved by City Engineer. Cash deposit or surety bond amount to be determined by City Engineer. 38. Construction Access Permit and deposit of $1500 will be required by City of Costa Mesa, Engineering Division prior to start of any on-site work, necessary during construction for street sweeping and to guarantee replacement costs in case of damage to existing public improvements. 39. 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. 40. Haul routes must be approved by the City of Costa Mesa, Transportation & Engineering Division. 41. Submit subdivision application and comply with conditions of approval and code requirements. 42. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. driveway approach per City of Costa Mesa Standards as shown on the Offsite Plan. Location and dimensions are subject to the approval of the Transportation Services Manager. ADA compliance required for all new driveway approaches. 43. 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 at applicant's expense. 44. Private on-site drainage facilities and parkway culverts or drains will not be maintained by the City of Costa Mesa; they shall be maintained by the owner or developer of the property. Private lateral connections to City storm drains will require a hold harmless agreement prior to issuance of permit. 45. Prior to issuance of building permits, a letter shall be obtained from the Costa Mesa Sa District and the Orange County Sanitation District verifying that there is sufficient capacity receiving trunk lines to serve the project. 46. The applicant shall comply with guidelines provided by Southern California Edison Company with respect to easement restrictions, construction guidelines, and potential amendments -to right-of-way in the areas of any existing Southern California Edison Company easements. 47. Prior to the issuance of building permits, the project applicant shall pay the applicable connection fees charged to new development by the Mesa Consolidated Water District. 48. Prior to issuance of occupancy permits, the Developer shall pay a park impact fee or dedicate parkland to meet the demands of the proposed development. Parks 49. Applicant/Developer is hereby advised that no removal of trees from the public right-of-way will be permitted without specific approval from the Parks and Recreation Commission and compliance with mitigation measures as determined by the Commission to relocate the trees and/or to compensate the City for the loss of trees from the public right-of-way. Conditions of the Commission must be incorporated onto the plans prior to plan approval. The approval process may take up to three months, therefore, the applicant/developer is advised to identify all tree affected by the proposed. project and make timely application to the Parks and Recreation Commission to avoid possible delays. 50. SPECIAL DISTRICT REQUIREMENTS (PA -13-29, TTM 17668) The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. Applicant will be required to construct sewers to serve this project, at his own expense, meeting the approval of the Costa Mesa Sanitary District. 2. County Sanitation District fees, fixture fees, inspection fees, and sewer permit are required prior to installation of sewer. To receive credit for buildings to be demolished, call (714) 754-5307. 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 (714) 754-5307 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 (714) 754-5043 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. 6. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 7. 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. School 8. Pay applicable Newport Mesa Unified School District fees to the Building Division prior is issuance of building permits. State 9. 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. Exhibit C Mitigation Monitoring Program Action Monitoring Responsible Compliance Verification Initial Date Comments Mitigation Measures Required Phase Agency / Party Resources -Biological MM BI0-1: Migratory Bird Treaty Act. In the The applicant Prior to City of Costa event that the City Commons project shall perform Grading or Mesa construction or grading activities should occur a nesting bird Building Planning within the active breeding season for birds survey and Permit Department (i.e., February 15—August 15), a nesting bird protect survey shall be conducted by a qualified nesting birds biologist prior to commencement of construction activities. If active nesting of birds is observed within 100 feet of the designated construction area prior to construction, the construction crew shall establish an appropriate buffer around the active nest. The designated project biologist shall determine the buffer distance based on the specific . nesting bird species and circumstances involved. Once the project biologist verifies that the birds have fledged from the nest, the buffer may be removed. Prior to commencement of grading activities and issuance of any building permits, the City of Costa Mesa (City) Economic and Development Services Director, or designee, shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA), that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing. HAZARDS AND HAZARDOUS MATERIALS MM HAZA: Prior to demolition activities, Lead Paint Prior to Building and removal and/or abatement of buildings with Removal Demolition Safety lead-based paints and hazardous materials associated with the existing building materials shall be conducted by a qualified environmental professional in consultation with the Costa Mesa Fire Department. A hazardous materials abatement specification shall be developed by the qualified environmental professional, in order to clearly define the scope and objective of the abatement activities. MM HAZ-2: Prior to investigations, Coordinate w/ Prior to Building and demolition, or renovation, all activities shall be Dig Alert Demolition Safety coordinated with Dig Alert (811). MM HAZ-3: Visual inspections for areas of Applicant to During City impact to soil shall be conducted during site look for signs Constructio Engineer grading. if unknown or suspect materials are of hazardous n and Costa discovered during construction by the waste. And Mesa Fire contractor that are believed to involve report to City Dept. hazardous wastes or materials, the contractor shall: ■ Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; ■ Notify the City Engineer and Costa Mesa Fire Department; ■ Secure the area(s) in question; and • Implement required corrective actions, including remediation if applicable. MM HAZ-4: Prior to Building Permit issuance, Conduct soil Prior to City -of Costa additional soil and soil vapor sampling shall be and soil Building Mesa performed in the area of the former Randy's vapor Permit Planning Automotive repair facility in the eastern portion sampling Department of the project site. If investigation results & Building show elevated soil and soil vapor and Safety concentrations and the subsequent HHRA shows calculated residential risk levels significantly greater than 1x10-6, then vapor barriers and subsequent monitoring beneath select residential units may be required. MM HAZ-5: On the basis of MM HAZ-4, if it is Implement Prior to City of Costa determined that soil vapor barriers are vapor Grading or Mesa required, measures to assure the proper monitoring Building Planning installation, monitoring and continued proper and install Permit Department functioning of such barriers shall be identified vapor & Building and submitted to the City prior to issuance of barriers and Safety grading permits. LAND USE MM LU -1: Prior to the issuance of a Record CC& Prior to City of Costa certificate of occupancy, Conditions, R's Certificate Mesa Covenants and Restrictions (CC&Rs) must be of Planning prepared and submitted the Building Official Occupancy Department for review and approval, which requires the reservation of the right for the City to create a pedestrian and vehicular connection between Lots 21 and 22 on the project site and the southerly property. NOISE MM N0I-1: Prior to issuance of building Prepare final Prior to City of Costa permits, a qualified Acoustical Scientist shall Acoustical Building Mesa be retained to prepare a Final Acoustical Report Permit Planning Impact Report, utilizing precise grading plans, Department and detailed floor and elevation plans, for & Building units with direct exposure to Harbor and Safety Boulevard. Said report must be able to demonstrate compliance or effective mitigation (such as noise control barriers) that will reduce noise impacts to within compliance (45 dBA CNEL residential interior, 65 dBA CNEL exterior; 50 dBA CNEL commercial interior). In the event required noise levels are exceeded, upgraded design specifications and/or materials shall be incorporated in order to meet the standards. "EXHIBIT D" Permitted Uses LAND USE MATRIX P= Permitted Uses LIVE/WORK UNITS • Artists, craftspersons, sculpture studios (woodworking, furniture restoration, painting, P ceramics, etc.) • Commercial art, graphic design, website designers P • Computer and data processing P • Legal, Engineering; Architectural; and Surveying services P • Offices: Professional, central admin., general, bookkeeping and data processing P • Photography Studio P • One-on-one Studio Use: Sole Practitioner for Dance; Martial arts; Music, Yoga, etc. P NOTES"All businesses subject to zoning approval to ensure adequacy In parking `and compatibility with a'resident'ial . . environment: .All other uses not specified in this table are either prohibited or may require a Conditional Use Permit; as deemed by.the Develooment Services Director. EXHIBIT 1 May 14, 2014 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: Tract No. 17668 LOCATION: 2095 Harbor Boulevard Dear Commissioners: Tentative Tract Map No.: 17668 as furnished by the Planning Division for review by the Public Services Department consists of one lot, 28 live and work units for condominium purposes. Tentative Tract Map No. 17668 meets with the approval of the Public Services Department, subject to the following conditions: 1. The Subdivider shall resolve the ownership rights with the City on the sliver of land (150.38 feet x 5 feet) that is adjacent to Charle Street prior to the recordation of the Tract Map. 2. 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. 3. 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. 4. 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. 5. A current copy of the title search shall be submitted to the Engineering Division with the first submittal of the Final Tract Map. 6. Prior to recordation of a 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. 7. 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. PHONE: (714) 754-5335 FAX: (714) 754-5028 TDD: (714) 754-5244 www.d.costa-mesa.ca.us Planning Commission 2014 8. Survey monuments shall be preserved and referenced before construction and replaced after construction, pursuant to Section 8771 of the Business and Profession Code. 9. The elevations shown on all plans shall be on Orange County benchmark datum. 10. 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. 11. 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. 12. 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. 13. Vehicular and pedestrian access rights to Hamilton Street and Charle Street shall be released and relinquished to the City of Costa Mesa except at approved access locations. 14. The Subdivider's engineers. shall furnish the Engineering Division a storm runoff study 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. Cross lot drainage shall not occur. 15. Ownership and maintenance of private on-site drainage facilities and 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 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 the standard (indemnity) Hold Harmless Agreement required for such conditions prior to issuance of permits. 16. Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements prior to approval . of plans. 17. Sewer improvements shall meet the approval of the Costa Mesa Sanitary District; call (949) 631-1731 for information. 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. At the time of development submit for approval an Offsite Plan to the Engineering Division and Grading Plan to the Building Division that shows Sewer, Water, Existing Parkway Improvements and the limits of work on the site, and hydrology calculations, both prepared by a 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 13-29(2)(b) 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. Planning Commission 2014 20. A Construction Access Permit and deposit of $980 will be required by City of Costa Mesa, Engineering Division, prior to start of any on-site work necessary during construction for street sweeping and to guarantee replacement costs in case of damage to existing public improvements. 21. 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. 22. Submit required cash deposit or surety bond to guarantee construction of off-site street improvements at time of permit per Section 15-32, C.C.M.M.C. and -as approved by City Engineer. Cash deposit or: surety bond amount to be determined by City Engineer. 23. Obtain _a permit from the City of Costa Mesa, Engineering Division, at the time of development,and then construct P.C.C. sidewalk per City of Costa Mesa Standards as shown on the Offsite Plan, including four (4) feet clear around obstructions in the sidewalk. 24. 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 all new driveway approaches. 25. 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. 26. Provide. preliminary utility plans to the City prior to any final design and underground utility poles adjacent to the property. The location of all new poles shall be first approved by the City. Si rely; )ariIb)a'§Fazeli, P. E. City Engineer (Engr. 2014/Planning Commission Tract 17668)