HomeMy WebLinkAbout14-51 - Amending Costa Mesa 2000 General Plan (Second Cycle of 2014)RESOLUTION NO. 14-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING THE COSTA MESA 2000 GENERAL PLAN FOR THE
SECOND CYCLE OF 2014
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa ("City") adopted the Costa
Mesa 2000 General Plan ("General Plan") on January 22, 2002; and
WHEREAS, California Government Code Section 65358(a) authorizes the City
Council to amend the General Plan if it deems it to be in the public interest; and
WHEREAS, on or about March 24, 2014, the Costa Mesa Planning Commission
("Planning Commission") held a duly -noticed public hearing and recommended to the City
Council approval of GP -13-02 for the property located at 125 East Baker Street changing
the land use designation of the 4.17 acre site from IP (Industrial Park) to HDR (High
Density Residential) for the five -story, 240 -unit Baker Street Apartment Project; and
WHEREAS, on or about June 1, 2014, the Planning Commission held a duly
noticed public hearing and recommended to the City Council approval of GP -14-01 for
the property located at 320 East 18th Street changing the land use designation of a 16 -
foot by 63 -foot strip of land (total area approximately 1,009 square feet) within an existing
church site from Public/Institutional (P/1) to Medium Density Residential (MDR); and
WHEREAS, on or about May 6, 2014, the City Council held a duly -noticed public
hearing and adopted Resolution No. 14-23 tentatively approving General Plan
Amendment GP -13-02; and
WHEREAS, on or about July 15, 2014, the City Council held a duly -noticed public
hearing and adopted Resolution No. 14-49 tentatively approving General Plan
Amendment GP -14-01; and
WHEREAS, per Government Code Section 65358(b), a City's General Plan cannot
be amended more than four (4) times per calendar year; and
WHEREAS, the 2013-2021 update to the Housing Element of the General Plan
was adopted by City Council in January of 2014, making this the second general plan
amendment cycle for 2014; and
Resolution No. 14-51 Page 1 of 3
WHEREAS, the general plan amendments were discussed fully with testimony and
documentation presented by the public and affected government agencies; and
WHEREAS, the second cycle for 2014 consists of the following general plan
amendments:
• GP -14-01 was tentatively approved, along with its related entitlements, by City
Council on July 15, 2014.
• GP -13-02 was tentatively approved, along with it related entitlement, by City
Council on May 6, 2014.
BE IT RESOLVED that, based on the evidence in the record, THE CITY COUNCIL
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct.
SECTION 2. The City Council hereby finds that it is in the public interest and
approves GP -13-02 for the property located at 125 East Baker Street changing the land
use designation of the 4.17 -acre site from Industrial Park (IP) to High Density Residential
(HDR) for the five -story, 240 -unit Baker Street Apartment Project, including text
amendments to the General Plan to reflect a site-specific density of 58 dwelling units per
acre and a site-specific height of six stories and as further supported by Attachment Nos.
1 and 2. The City Council hereby reaffirms, its prior approvals of Rezone R-13-02, Zoning
Code Amendment CO -13-02, Master Plan PA -13-11, Development Agreement DA -14-02
and certification of the Final EIR related to GP -13-02.
SECTION 3. The City Council hereby finds that it is in the public interest and
approves GP -14-01 for the property located at 301 Magnolia Street changing the land
use designation of a 16' by 63' (total area approximately 1,009 square feet) from
Public/Institutional (P/1) to Medium Density Residential (MDR) and as further supported
by Attachment No. 4. The City Council hereby reaffirms its approval of Rezone R-14-01,
Lot Line Adjustment LL -14-03 and finding that the project is exempt under Section
15061(b)(3) of the California Environmental Quality Act.
SECTION 4. The general plan amendments set forth herein are hereby declared
to be severable and if any proposed amendment is adjudged unconstitutional or otherwise
invalid, the remaining proposed amendments shall not be affected thereby.
Resolution No. 14-51 Page 2 of 3
PA7TAND A TED this 5T" day of August, 2014.
s ivt.Avgneimer
r, City of Costa Mesa
ATTEST:
&O,J& r-pj�
Brenda Green, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA)
APPROVED AS TO FORM:
ichard L. Adams II, Deputy 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 Council Resolution Number 14-51 was duly
and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 5th day of August, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 6th day of August, 2014.
600k ply�
Brenda Green,_ y Clerk
1
Resolution No. 14-51 Page 3 of 3
ATTACHMENT 1
RESOLUTION NO. 14-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR
THE 125 EAST BAKER STREET APARTMENT PROJECT (STATE CLEARINGHOUSE
NUMBER 2013081051)
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, The Final Environmental Impact Report (State Clearinghouse Number
2013081051) has been prepared for the 125 East Baker Street Apartment Project.
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex (63 -
foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with a
six -story parking structure (62.5 -foot maximum height proposed) with 457 parking spaces
and four outdoor on -grade parking spaces, along with the following specific entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of 58 dwelling
units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development Residential
— High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned, Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units per
acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project would
require an amendment to Table 13-58 (Planned Development Standards) to allow a
site-specific density of 58 dwelling units per acre for this project.
Resolution No. 14-22 Page 1 of 4
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment' building (63 feet overall height) that wraps
around a six -story parking structure (62.5 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
6. Development Agreement DA -14-02. A Development Agreement between the
applicant and the City of Costa Mesa to fund future public infrastructure improvements
in the area.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public review
and comment.
WHEREAS, the City of Costa Mesa received written and verbal comments from
the general public, government entities, and other interested parties during the public
review period.
WHEREAS, written and verbal comments received from the general public,
government entities, and other interested parties were responded to in the manner
prescribed in California Code of Regulations Section 15088.
WHEREAS, a Responses to Comment document was prepared which includes
responses to comment on environmental issues received during the public review period
of the Draft EIR and errata pages showing redlined/strikeout revisions reflected in the
Final EIR.
WHEREAS, no significant new information has been added to the Final EIR and
no changes to the proposed project have occurred which would require recirculation
under CEQA Guidelines Section 15088.5.
WHEREAS, the Draft EIR, Responses to Comments, errata pages identifying
revisions to the Draft EIR, and any other information added by the City constitutes the
Final EIR for this project.
WHEREAS, the Planning Commission has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
Resolution No. 14-22 Page 2 of 4
a.. q—
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Final EIR 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 February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, The Planning Commission, by a 5-0 vote, finds that the Final EIR is
complete, adequate, and fully supported by substantial evidence in that it addresses all
environmental effects on the project and fully complies with all requirements of CEQA,
the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at their
meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project was
consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission, by a 5-0 vote, recommended that City
Council tentatively approve General Plan Amendment GP -13-02, Zoning Code
Amendment CO -13-02, Rezone R-13-02, and Master Plan PA -13-11, by separate
resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April 15,
2014, and continued to May 6, 2014, with all persons having the opportunity to speak and
be heard for and against the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -14-
02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-11,
will be subject to the approval of the General Plan Amendment GP -13-02.
Resolution No. 14-22 Page 3 of 4
-I b-
BE IT RESOLVED that, based on the evidence in the record, THE CITY COUNCIL
HEREBY CERTIFIES the Final Environmental Impact Report (EIR) for the project as
described above.
PASSED_AW /jDO QED this 6T" day of May, 2014.
ayor,.. �.::ity of Costa Mesa
ATTEST:;
J1- as-
Brenda Green,
City Clerk
City Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa, Mesa, hereby certify that the above Council Resolution No. 14-22 was
considered at a regular meeting of said City Council held on the 6th day of May, 2014,
and thereafter passed and adopted as a whole at the regular meeting of said City Council
held on the 6th day of May, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Mensinger, Righeimer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMMERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7t' day of May 2014.
BRENDA GREEN, CITY CLERK
Resolution No. 14-22 Page 4 of 4
RESOLUTION NO. 1423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, GRANTING TENTATIVE APPROVAL TO ADOPT GENERAL PLAN
AMENDMENT GP -13-02 CHANGING THE LAND USE DESIGNATION OF THE 4.17 -
ACRE 125 EAST BAKER APARTMENT PROJECT SITE FROM INDUSTRIAL PARK
TO HIGH DENSITY RESIDENTIAL AND TEXT AMENDMENT(S) TO THE CITY'S
GENERAL PLAN TO REFLECT A SITE-SPECIFIC DENSITY OF 58 DWELLING UNITS
PER ACRE AND A SITE-SPECIFIC HEIGHT OF SIX STORIES AT 125 EAST BAKER
STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa adopted the 2000 General
Plan on January 22, 2002;
WHEREAS, the General Plan is a long-range, comprehensive document that
serves as a guide for the orderly development of the City of Costa Mesa.
WHEREAS, by its very nature, the General Plan is subject to update and revision
to account for current and future community needs.
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex (63 -
foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with a
six -story parking structure (62.5 -foot maximum height proposed) with 457 parking spaces
and four outdoor on -grade parking spaces, along with the following specific entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of 58 dwelling
units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development Residential
— High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
Resolution No. 14-23 Page 1 of 4
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units per
acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project would
require an amendment to Table 13-58 (Planned Development Standards) to allow a
site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (62.5 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
6. Development Agreement DA -14-02. A Development Agreement between the
applicant and the City of Costa Mesa to fund future public infrastructure
improvements in the area.
WHEREAS, a site specific amendment to the General Plan Land Use Element is
proposed to change the land use designation of the 4.17 -acre development site from
Industrial Park to High Density Residential for the development of the project as described
above.
WHEREAS, text amendment(s) to the City's General Plan to reflect a site-specific
density of 58 dwelling units per acre, and a site-specific height of six stories is proposed
for the project site.
WHEREAS, the General Plan Amendment involves an amendment to the Land
Use Map of the City of Costa Mesa (Exhibit A) and a text amendment to the Land Use
Element of the City's General Plan (Exhibit B); _
WHEREAS, approval of the project is pending adoption of Ordinance No. 14-05
for Rezone R-13-02;
WHEREAS, approval of the project is pending adoption of Ordinance No. 14-06
for Code Amendment CO -13-02;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
Resolution No. 14-23 Page 2 of 4
- 3_
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public review
and comment.
WHEREAS, the Planning Commission has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at their
meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project was
consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission, on a 5-0 vote, recommended that City
Council certify the EIR, approve Zoning Code Amendment CO -13-02, Rezone R-13-02,
and Master Plan PA -11-13 by separate resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April 15,
2014, and continued to May 6, 2014, with all persons having the opportunity to speak and
be heard for and against the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -14-
02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-11,
will be subject to the approval of the General Plan Amendment GP -13-02.
BE IT RESOLVED that, based on the evidence in the record, THE CITY COUNCIL
HEREBY GRANTS TENTATIVE APPROVAL TO ADOPT GP -13-02 which amends the
Land Use Map of the City of Costa Mesa (Exhibit A) and a text amendment to the Land
Use Element of the City's General Plan (Exhibit B) with respect to the property described
above.
Resolution No. 14-23 Page 3 of 4
— A—
PASSED AND ADOPTED this 6TH day of May, 2014.
of Costa Mesa
ATTEST.
FORM:
„Q, d a---ems-
Brenda Green, tity Clerk ho.:. s u-06 ti
y Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above Council Resolution No. 14-23 as considered
at a regular meeting of said City Council held on the 6th day of May, 2014, and thereafter
passed and adopted as a whole at the regular meeting of said City Council held on the
6th day of May, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Monahan, Mensinger, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSENT: COUNCIL MEMMERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7t' day of May 2014.
oyu
. &ff &0- BRENDA GRE N, CITY CLERK
Resolution No. 14-23 Page 4 of 4
-15-
EXHIBIT A
Amendment to the Land Use Map
Change the land use designation of the 4.17 -acre development site at 125 East
Baker Street from Industrial Park (IP) to High Density Residential (HDR)
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EXHIBIT B
The proposed General Plan Amendment GP -13-02 would amend the following sections
of the Land Use Element as, underlined -and italicized below:
LAND USE DESIGNATIONS
High -Density Residential
unirs.
Bulldingi Height
The proposed revision to the General Plan objective/policy language is underlined and
italicized below:
Objective LU -1C Promote land use patterns and development, which contribute to
community and neighborhood identity.
Policy LU -1C.2 Limit building height to four stories above grade
south of the 1-405 Freeway, except for special
purpose housing, such, as elderly, affordable, or
student housing. An exception is for the Newport
Plaza property at 1901 Newport Boulevard where
a six -level parking structure is allowed, and the
240 -unit apartment project at 925 East Baker
Street where a five -story apartment building and
six -story parking structure are allowed (GP -93-02).
RESOLUTION NO. 14-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, GRANTING APPROVAL TO ADOPT MASTER PLAN PA -13-11 FOR
THE PROPOSED DEVELOPMENT OF A FIVE -STORY 240 -UNIT RESIDENTIAL
APARTMENT BUILDING (63 FEET OVERALL HEIGHT) THAT WRAPS AROUND A
SIX -STORY PARKING STRUCTURE (62.5 FEET OVERALL HEIGHT) WITH 457
PARKING SPACES IN THE STRUCTURE AND FOUR OUTDOOR ON -GRADE
PARKING SPACES WITH A DEVIATION FROM THE FOLLOWING ZONING CODE
DEVELOPMENT STANDARDS: FOR ON-SITE PARKING SPACES (538 PARKING
SPACES REQUIRED; 461 PARKING SPACES PROPOSED) AT 125 EAST BAKER
STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex (63 -
foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with a
six -story parking structure (62.5 -foot maximum height proposed) with 457 parking spaces
and four outdoor on -grade parking spaces, along with the following specific entitlements:
1. Final. Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of 58 dwelling
units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development Residential
— High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units per
acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project would
Resolution No. 14-24 Page 1 of 4
require an amendment to Table 13-58 (Planned Development Standards) to allow a
site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (62.5 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
6. Development Agreement DA -14-02. A Development Agreement between the
applicant and the City of Costa Mesa to fund future public infrastructure improvements
in the area.
WHEREAS, A Master Plan application for the proposed development of a five -
story 240 -unit residential apartment building for the development of the project as
described above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public review
and comment.
WHEREAS, the Planning Commission has reviewed all environmental documents
comprising the Final EIR and has found that the' Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at their
meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project was
Resolution No. 14-24 Page 2 of 4
P_
consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission, on a 5-0 vote, recommended that City
Council certify the EIR; tentatively approve General Plan Amendment GP -13-02; approve
Zoning Code Amendment CO -13-02, Rezone R-13-02, and Master Plan PA -13-11 by
separate resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April 15,
2014, and continued to May 6, 2014, with all persons having the opportunity to speak and
be heard for and against the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -14-
02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-11,
will be subject to the approval of the General Plan Amendment GP -13-02.
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/mitigation measures
indicated in the Mitigation Monitoring Program contained within Exhibit B and Exhibit C,
respectively, THE CITY COUNCIL APPROVES PA -13-11 with respect to the property
described above.
D this 6T" day of May, 2014.
ATTEST:
&JALA& Qb��
Brenda Green, Ci Clerk
Resolution No. 14-24 Page 3 of 4
— Z0
STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above Council Resolution No. 14-24 as considered
at a regular meeting of said City Council held on the 6th day of May, 2014, and thereafter
passed and adopted as a whole at the regular meeting of said City Council held on the
6th day of May, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Monahan, Mensinger, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 7"' day of May, 2014.
BRENDA GREEN, ITY CLERK
Resolution No. 14-24 Page 4 of 4
-z1-
EXHIBIT A
FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Required Finding: A compatible and harmonious relationship exists between the
proposed use and existing buildings, site development, and uses that exist or have
been approved for the general neighborhoods.
Response: With implementation of the mitigation measures identified in the
EIR for the proposed project, all potentially significant environmental impacts
have been reduced to less than significant levels. With the implementation
of the recommended conditions of approval, the proposed project will be
compatible and harmonious with uses that exist within the general
neighborhood. The project features quality construction and materials. The
proposal provides on-site amenities comparable with quality residential
units. The parking study prepared for the project- determined that the
proposed parking spaces are adequate to meet the demand for this project.
The Airport Land Use Commission for Orange County (ALUC) determined
that the proposed project was consistent with the Commission's Airport
Environs Land Use Plan (AELUP) for John Wayne Airport (JWA).
Required Finding: Safety and compatibility of the design of the parking areas,
landscaping, luminaries, and other site features including functional aspects of the
site development such as automobile and pedestrian circulation have been
considered.
Response: The parking study prepared for the project 'concludes. that the
parking will be sufficient to accommodate the proposed mix of units within
this project. The mitigation measures in the EIR include provisions for a
traffic signal at Baker/Pullman intersection, street improvements at the Red
Hill/ Baker intersection, payment of traffic impact fees, and to provide
adequate sight distance for vehicles at all project drive approaches. The
project has been conditioned to comply with these mitigation measures; as a
result, the safety and compatibility of the project has been insured.
Required Finding: The use is consistent with the General Plan.
Response: The project proposes a General Plan amendment from
Industrial Park to High Density Residential and an associated General Plan
Text Amendment to reflect a, site-specific density of 58 dwelling units per
acre and a site-specific height of six -stories. Subject to approval of the
proposed General Plan Amendment and Text Amendment the project is
consistent with the General Plan, as it pertains to overall project density and
height limits.
Required Finding: The cumulative effect of all the planning applications have
been considered.
Response: The cumulative effects of General Plan Amendment GP -13-02,
Zoning Code Amendment CO -13-02, Rezone R-13-02, and Master Plan PA -
13 -11 have all been considered for this project and no significant impacts
were identified.
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B. Required Finding: The master plan meets the broader goals of the General Plan
and the Zoning Code by exhibiting excellence in design, site planning, and
integration of uses and structures and protection of the integrity of neighboring
development.
Response: The Master Plan application is for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height)
that wraps around a six -story parking structure (62.5 feet overall height) with
457 parking spaces in the parking structure and four outdoor on -grade
parking spaces with a deviation from the following zoning code development
standards: on-site parking spaces (538 parking spaces required; 461
parking spaces proposed). With regard to the master plan, the following is
noted:
The project features quality construction and materials. The building design
and roof elements are a modern style, i.e., characterized by simplified
square and rectangular building forms with a variety of flat planes,
projections, and recesses. The exterior consists of alternating stucco,
smooth fiber cement panels with exposed attachments, and wood siding
finishes. Additional accents include wood balcony rails and trellises, welded
wire mesh grid systems that support the growth of landscape vines, and
"caged rock" planters. The developer will also be required to contact the
City's Transportation Services Division and the California Department of
Transportation (Caltrans) to replace the chain link fence between the
westerly property line and the drainage channel v -ditch with a combination
wrought iron fence with pilaster supports or other fence/barrier acceptable to
both the City and Caltrans, and to landscape the area between the westerly
property line and the v -ditch consistent with the abutting on-site landscape.
The proposal provides on-site amenities comparable with quality residential
developments. The proposed resident amenities include a 5,400 square foot
clubhouse, business center, and state-of-the-art cardio gym. Beyond the
clubhouse is over 12,223 square feet of landscaped courtyard with a pool, spa
and related recreation areas. A separate more passive courtyard
encompasses 5,385 square feet of additional common open space. Stretching
along the western edge of the property is the 13,797 square foot "resident
back yard", including a dog park; basketball courts, landscaped walkways and
community gardens. -
for the
appropriately identify the parking demand for this project. A shared parking
analysis prepared for this project is a tool to identify peak parking demand for
this project. The parking study was prepared by Unscott, Law and Greenspan
Engineers (LLG) and is included in the Transportation/Traffic Section of the
EIR. The study concludes that the parking will be sufficient to accommodate
the proposed mix of units within this project.
Thea proiect has been designed to be- compatible With the. surrounding uses= in-
the
nthe area and future apartment tenants will be notified of the existing uses in
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the vicinity of this project. The project has been designed as a self-contained
residential community with on-site amenities as discussed above. The building
reflects a modern architecture style that makes it visually compatible with the
architecture of the surrounding industrial area. A condition of approval has
been incorporated requiring future tenants to be notified that there are
surrounding industrial uses in the area, including but not limited to, operational
characteristics such as hours of operation, delivery schedules,
outdoor activities, noise, and odor generation that could be disturbing to
residents. Additionally, future tenants will be notified of their proximity to the
airport and the units will be designed with sound attenuation measures to
mitigate any noise impacts.
C• The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures. The Final EIR was prepared for this project pursuant to Article 7 - EIR
Process, of the CEQA Guidelines, although the proposed project could have a
significant effect on the environment, mitigation measures and conditions of
approval have been included, which avoid or substantially lessen the significant
environmental effects, as identified in the final EIR.
D. Pursuant to CEQA Guidelines Section 15093(b), when a Lead Agency approves a
project that would result in significant, unavoidable impacts that are disclosed in
the Final EIR, the agency must state in writing its reasons for supporting the
approved action. This document, known as the Statement of Overriding
Considerations, must be supported by substantial information in the record, which
includes this Final EIR.. However, -as the proposed project does not result in
project -specific significant and unavoidable impacts and/or cumulative significant
and unavoidable impacts, a Statement of Overriding Considerations is not
required.
E. Mitigation measures from the EIR have been included as Exhibit C. If any of these
conditions are removed, the decision-making body must make a finding that the
project will not result in significant environmental impacts, that the conditions are
within the responsibility and jurisdiction of another public agency, or that specific
economic, social or other considerations make the mitigation measures infeasible.
F. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation
System Management, of Title 13 of the Costa Mesa Municipal Code in that the
development project's traffic impacts will be mitigated at all affected intersections
and by the payment of traffic impact fees.
G. The rear building of this development is at an excessive distance from the street,
but the plan does not lend itself to fire apparatus access or placement of an on-site
fire hydrant. Problems associated with the depth of buildings on the property can
be somewhat reduced by installation of a standpipe system and a residential
sprinkler system.
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EXHIBIT B
CONDITIONS OF APPROVAL FOR_P_A-13-11
Ping. 1; The approval of Master Plan PA -13-11 shall be contingent upon City Council's
final approval of General Plan Amendment GP -13-02, Rezone R-13-02, and
Zoning Code Amendment CO -13-02.
2. Final Master Plan PA -13-11 shall comply with the conditions of approval, code
requirements, special district requirements, and mitigation measures of the EIR
for this project and as listed in the attached Mitigation Monitoring Program
(Exhibit C).
3.. Mitigation measures from the EIR for this project have been included as Exhibit
C. If any of these conditions are removed, the City Council must make a finding
that the project will not result in significant environmental impacts, that the
conditions are within the responsibility of another public agency, or that specific
economic, social, or other considerations make the mitigation measures
infeasible.-
4.
nfeasible:4. The conditions of approval including Mitigation Measures incorporated by
reference in these Conditions of Approval as Exhibit C, code requirements, and
special district requirements of PA -13-11 shall be blueprinted on the face of the
site plan as part of the plan check submittal package
5. A parking management plan shall be submitted to the Development Services
Director and the Transportation Services Manager prior to final occupancy of the
building. The parking management plan shall denote the following:
a. Method of allocation of assigned parking.
b. Location of visitor parking, including appropriate signage.
c. Location of security gates, if any, and how gates will be operated.
d. Location of employee parking.
e. Provide proof of a contract with a towing service to enforce the parking
regulations if'parking problems arise.
6. No modification(s) of the approved building elevations including, but not limited
to, changes that increase the building height, removal of building articulation, or
a change of the finish material(s), shall be made during construction without
prior Planning Division written approval. 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
such as a minor design review or a variance, or in the requirement to modify the
construction to reflect the approved plans.
7. The subject property's ultimate finished grade level may not be filled/raised
unless necessary to provide proper drainage, and in no case shall it be raised in
excess of 30 inches above the finished grade of any abutting property or as
would result in an overall building height in excess of 111 feet above mean sea
level as discussed in condition of approval number 8. If additional fill dirt is
needed to provide acceptable on-site stormwater 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 stormwater 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.
8. Prior to issuance of Grading Permits the applicant shall demonstrate
compliance with the Federal Aviation Administration (FAA) Determination of No
Hazard To Air Navigation issues on May 16, 2013, which established a
maximum building height of 111 feet above mean sea level (approximately 65
feet above ground level) for the proposed project.
9. The developer shall contact the Planning Division to arrange a Planning
inspection of the site prior to the release of occupancy. This inspection is to
confirm that the Planning Division conditions of approval and code
requirements have been satisfied.
10. 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.
11. Prior to issuance of building permits, developer shall contact the U.S. Postal
Service with regard to location and design of mail delivery facilities. Such
facilities shall be shown on the site plan, landscape plan, and/or floor plan.
12. The project shall incorporate green building design and construction techniques
where feasible; CAL Green Code or higher as determined by applicant. The
applicant may contact the Building Safety Division at (714) 754-5273 for
additional information.
13. 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.
1.4. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts
are permitted. This condition relates to visually prominent features of scuppers
or downspouts that not only detract from the architecture but may be spilling
water from overhead without an integrated gutter system which would typically
channel the rainwater from the scupperldownspout 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.
15. Permits shall be obtained for all signs according to the provisions of the Costa
Mesa Sign Ordinance. Freestanding signs shall be subject to review and
approval by the Planning Division/Development Services Director to ensure
compatibility in terms of size, height, and location with the proposed/existing
development, and existing freestanding signs in the vicinity.
16. There shall be no signage above the second floor of the building. Building wall
signage shall be limited to identification of the residential development.
17. 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.
18. Developer shall contact the City's Transportation Services Division and the
California Department of Transportation (Caltrans) to replace the chain link
fence between the westerly property line and the drainage channel v -ditch with
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a combination wrought iron fence with pilaster supports or other fence/barrier
acceptable to both the City and Caltrans, and landscape the area between the
westerly property line and the v -ditch consistent with the abutting on-site
landscape. The off-site fencing and landscape plan shall be submitted for
review and approval by the Planning Division. Issuance of certificate of
occupancy shall not be withheld pending the completion of this condition;
however, the applicant shall provide documentation of the progress and
estimated time of completion of the condition prior to the issuance of the
certificate of occupancy.
19. Developer shall submit a detailed Landscape Plan for the public and private open
spaces, for review and approval by the Development Services Department, prior
to any construction landscape improvements. The plan shall include all
decorative hardscape and landscape improvements as shown on the conceptual
plans to provide visual relief for the project from the street. Final materials shall
be subject to approval by the Planning Division.
20. Perimeter landscaping shall be planted with trees and vegetation. The landscape
plan shall be approved prior to issuance of building permits and shall contain
additional 24 -inch box trees above the minimum Code requirements to the
satisfaction of the Development Services Director. Compliance with this
requirement may include upgrading smaller sized trees to 24 -inch box trees or
providing additional 24 -inch box trees.
21. Existing mature trees shall be retained wherever possible. Should it be
necessary to remove existing trees, the applicant shall submit a written request
and justification to the Planning Division. A report from a California licensed
arborist may be required as part of the justification. Replacement trees shall be
of a size consistent with trees to be removed and may be required on a 1:1 basis,
unless otherwise approved by the Planning Division. This requirement shall be
completed under the direction of the Planning Division.
22. 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.
23. 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.
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. Design, grading, and construction shall be performed in accordance with the
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M
27.
43
29.
requirements of the California Building Code applicable at the time of grading
as well as the appropriate local grading regulations, and the recommendations
of the project geotechnical consultant as summarized in a final written report,
subject to review by the City of Costa Mesa Building official prior to issuance of
grading permits.
Developer shall defend, indemnify, and hold harmless the City, its elected and
appointed officials, agents, officers and employees from any claim, action, or
proceeding (collectively referred to as "proceeding") brought against the City, its
elected and appointed officials, agents, officers or employees arising out of (1)
City's approval of the project, including but not limited to any proceeding under
the California Environmental Quality Act. The indemnification shall include, but
not be limited to, damages, fees and/or costs awarded against the City, -if any,
and cost of suit, attorney's fees, and other costs, liabilities and expenses
incurred in connection with such proceeding whether incurred by the applicant,
the City and/or.the parties initiating or bringing such proceeding. This indemnity
provision shall include the applicant's obligation to indemnify the City for all the
City's costs, fees, and damages that the City incurs in enforcing the
indemnification provisions set forth in this section.
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 limited to
minimize nighttime light and glare to residents and 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; and
• Lighting design and layout shall limit spill light to no more than 0.5 foot-
candle at the property line of the surrounding properties, consistent with
the level of lighting that is determined necessary for safety and security
purposes on site.
• Light standards located at the top level of the parking structure shall be a
maximum of 20 feet in height, located and oriented in such a way as to
minimize light spillage onto surrounding properties.
A "Notice to Tenants" shall disclose the surrounding industrial uses in the area,
including but not limited to, operational characteristics such as hours of
operation, delivery schedules, outdoor activities, noise, and odor generation.
The Tenant Notice shall be reviewed/approved by the City Attorney's office and
Development Services Director prior to issuance of building permits and shall
be included as a reference document in the Tenants' Lease Agreement. The
Tenant's Notice shall serve as written notice of the existing noise environment
and any odor -generating uses within the vicinity of the project.
If the project is constructed in phases, perimeter fences/walls, landscaping
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30.
ALUC 31.
Eng. 32.
along the frontages, and irrigation shall be installed prior to completion of the
first phase.
The FAA No Hazard Determination shall be current and valid at the time of
issuance of building permits. Any required modifications to the building,
including, but not limited to, the building height or appurtenances required by the
No Hazard Determination -shall be reflected in the building plans prior to building
permit issuance.
Outdoor signage shall be provided informing the public of the presence of an
operating airport for all designated outdoor common or recreational areas. If
the proposed project should change significantly after the ALUC review, the
proposed project must return to ALUC for another consistency determination.
Maintain the public right-of-way in a "wet -down" condition to prevent excessive
dust and promptly remove any spillage from the public right-of-way by sweeping
or sprinkling.
CODE REQUIREMENTS FOR PA -13-11
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City' pertains to the
City of Costa Mesa.
Ping. 1.
All contractors and subcontractors must have valid business licenses to
do business in the City of Costa Mesa. Final inspections, final
occupancy and utility releases will not be granted until all such licenses
have been obtained.
2.:
All noise -generating construction activities shall be limited to 7 a.m. to 7
p.m. Monday through Friday- and 9 a.m. to 6 p.m. Saturday. Noise -
generating construction activities shall be prohibited on Sunday and the
following Federal holidays: New Years Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
3.,
Development shall comply with all requirements of Article 1, Chapter 5,
and Article 9, Chapter 5 of Title 13 of the Costa Mesa Municipal Code
relating to development standards for multi -family residential projects.
4..
If a tract map is proposed/recorded for this project, the Developer shall
pay a park impact fee or dedicate parkland to meet the demands of the
proposed development. The current park impact fee is calculated at
$13,829.00 per new multi -family dwelling unit.
5.
Street address shall be visible from the public street and shall be
displayed on the -complex identification sign. if there is no complex
identification sign, the street address may be displayed on the fascia
adjacent to the main entrance or on another prominent location. Street
address numerals shall be a minimum six (6) inches in height with not
less than one -half-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.
6.
Parking stalls shall be double -striped in accordance with City standards.
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7. Driveway ramp slope shall comply with the standards contained in the
City's parking ordinance.
8. .All new on-site utility services shall be installed underground.
9. Installation of all new utility meters shall be performed in a manner so as
to obscure the installation from view from any place on or off the
property. The installation shall be in a manner acceptable to the public
utility and shall be in the form of a vault, wall cabinet, or wall box under
the direction of the Planning Division.
10. Any mechanical equipment such as air-conditioning equipment and duct
work shall be screened from view in a manner approved by the Planning
Division.
11. The project shall be subject to the submission of legal instruments
setting forth a plan or manner of permanent care and maintenance of all
common open space and other facilities provided in the final
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development plan.
12.
All landscaped areas shall be separated from paved vehicular areas by 6 -
inch high continuous Portland Cement Concrete curbing. -
13.
The parking structure shall be landscaped per the provisions of Costa
Mesa Municipal Code Section 13-105(4) - Parking Structure Landscape
Requirements.
14.
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, 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.
15.
Landscaping and irrigation shall be installed in accordance with the
-approved plans prior to final inspection or occupancy clearance.
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.
Trash enclosure(s) or other acceptable means of trash disposal shall be
provided. Design of trash enclosure(s) shall conform to City standards.
Standard drawings are available from the Planning Division.
18.
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 unopenable 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.
19.
In compliance with the City's mitigation monitoring program, the applicant
shall submit a compliance report to the Planning Division along with pians
for plan check or prior to commencement of the project's activity if no
construction is involved, that lists each mitigation measure and states
when and how the mitigation measures are to be met.
Bldg. 20.
Comply with the requirements of the 2013 California Building Code, 2013
California Residential Code, California Electrical Code, California
Mechanical Code, California Plumbing Code, California Green Building
Standards Code and 2013 California Energy Code (or the applicable
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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.
21.
This project shall comply with the in -Building Public Safety Radio System
Coverage per Section 5-130 to 5-137 of the Costa Mesa Municipal Code.
At plan check submittal 6 copies of an in -building Public Safety Radio
System Coverage report (Radio System Report) shall be submitted to the
Building and Safety Division. The Radio System Report shall be certified
by an FCC licensed radio technician as provided by the property
owner/applicant. The technician is required by Section 5-133 to conduct
initial tests and shall be employed by the owner, the engineer or architect
of record, or agent of the owner, but not by the contractor or any other
person responsible for the work.
22..
The ground immediately adjacent to the foundation shall be sloped away
from the building at a slope of not less than 5% for a minimum of 10 feet
measured perpendicular to the face of the wall. CBC 1803.3., unless
otherwise approved by the City Engineer and allowed by the soils
engineer.
23.
Projections, including eaves, shall be one-hour fire resistive construction,
heavy timber or of noncombustible material if they project into a 5 -foot
setback area from the property line. They may project a maximum of 12
inches beyond the 3 -foot setback. CRC Tables R302.1(1) and R302.1(2).
24.
Submit a soils report for this project. Soils report recommendation shall
be blueprinted on both the architectural and grading plans.
25.
Show compliance with Chapter 11A and 11B of the 2013 California
Building Code.
26.
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 device a minimum of 12 inches plus 2 percent. 2010
California Residential Code Section R403.1.7.3. 2013 California Building
Code CBC 1808.7, unless otherwise approved by the City Engineer.
27.
Submit grading plans, an erosion control plan, and a hydrology study.
28..
Prior to or concurrent with the submittal of plans for plan check, the
applicant shall prepare and submit documentation for compliance with the
State Water Resources Control Board (SWRCB) 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 Water Quality
Management Plan (WQMP) identifying and detailing the implementation
of the applicable Best Management Practices (BMPs).
Eng. 29.
For demolition, grading, or building permits involving projects with a
valuation of $10,000 or more, the contractor shall use a City -permitted
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hauler(s) to haul any debris or solid waste from the job site (refer to
Section 8-83(h), Regulations, of Title 8 of the Costa Mesa Municipal
Code). Use of a City -permitted hauler for such projects is the
responsibility of the designated contractor. Non-compliance is subject to
an administrative penalty as follows: $1,000 or 3% of the total project
value, whichever is greater.
30.
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. Cross lot drainage shall not occur. 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.
31.
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 Cit of Costa Mesa.
32.
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.
33.
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.
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 then construct a wheelchair ramp on the comer
of Baker Street and Pullman Street.
36.
Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements
prior to approval of plans.
37.
Applicant is informed that Baker and Pullman Streets will be under a "NO
OPEN CUT" moratorium. Open cutting the street pavement during the
moratorium period shall require special resurfacing requirements.
38.
The storm runoff study shall show existing and proposed facilities draining
directly to the flood control channel adjacent to the property.
Trans. 39.
Fulfill mitigation of off-site traffic impacts at the time of issuance of
certificate of occupancy by submitting to the Transportation Division the
required traffic impact fee pursuant to the prevailing schedule of charges
adopted by the City Council. The traffic impact fee is calculated including
credits for all existing uses. At the current rate per trip end, the traffic
impact fee is estimated at $165,253.00. NOTE: The Traffic Impact Fee
will be recalculated at the time of issuance of certificate of occupancy
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based upon any changes in the prevailing schedule of charges adopted
_SPECIAL DISTRICT REQUIREMENTS FOR PA -13-11
The requirements of the following special districts are hereby forwarded to the applicant:
Sani 1, It is recommended that the developer contact the Costa Mesa Sanitary
District at (949) 645-8400 to obtain Sanitary District requirements.
AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-
7664 for potential additional conditions of development or for additional
permits required by the district.
School 3. Pay applicable Newport Mesa Unified School District fees to the Building
Division prior is issuance of building permits.
State 4. Comply with the requirements of the California Department of Food and
33
by the City Council and in effect at that time.
40:
Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance
requirement at the time of issuance of building permit by submitting the
required fee to the Transportation Division. For the proposed use, the
corridor fee is estimated as $2,216.00 per dwelling unit. NOTE: This fee
is subject to revision and possible increase effective July 1 of each year.
41..
Submit detailed plans for parking structure providing dimensions for all
parking spaces and aisle widths per City Standards.
42.,
Identify width of all drive aisles including the circle entryway approaching
the gated entry to the parking structure.
43.
Provide a minimum of 40 feet total overall width at entry/exit for turn
around.
44.-
Close unused drive approaches with full height curb and gutter per City
Standards.
45.
Construct sidewalk on Baker Street and Pullman Street per the revised
plans and per City Standards and relocate any conflicting utilities, subject
to final approval by Public Services.
46
Construct commercial type drive approach for FIRE LANES on Baker
Street and Pullman Street, construct as 3 -inch high curb.
47.
Construct Type II drive approach at locations submitted on site plan.
Comply with minimum clearance requirements from any vertical
obstructions.
48.
For the traffic study, revise Figure 9-A (Stopping Sight Distance Analysis)
for southbound Pullman Street to show a merging point closer to the main
entrance.
49.
Developer shall be fully responsible for the design and installation of a
traffic signal at the intersection of Baker Street and Pullman Street.
Fire 50.
Provide Class I Wet Standpipes in all stairs.
51.
Provide 2 -hour fire -rated stair enclosures.
52.
Provide electronic supervision of all unit smoke detectors.
53.
Provide Fire Alarm System per CFC, 2010.
54.
Provide Automatic Fire Sprinkler System per NFPA 13.
55.
Provide Fire Department Connection at direction of Fire Department.
Parks/ 56.
Designated street tree for Baker Street is jacaranda mimosifolia.
Pkwys
Designated street tree for Pullman Avenue is pinus pinea.
_SPECIAL DISTRICT REQUIREMENTS FOR PA -13-11
The requirements of the following special districts are hereby forwarded to the applicant:
Sani 1, It is recommended that the developer contact the Costa Mesa Sanitary
District at (949) 645-8400 to obtain Sanitary District requirements.
AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-
7664 for potential additional conditions of development or for additional
permits required by the district.
School 3. Pay applicable Newport Mesa Unified School District fees to the Building
Division prior is issuance of building permits.
State 4. Comply with the requirements of the California Department of Food and
33
Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on
the property prior to any soil movement or excavation.
Water 5; 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.
JWA 6. Proposed construction penetrates the 100:1 imaginary surface
extending a horizontal distance of 20,000 feet from the nearest point of
the nearest runway of John Wayne Airport. Prior to issuance of building
permits, applicant shall submit a Notice of Proposed Construction to the
FAA. Written proof from the FAA of their approval of the proposed
construction and applicant's compliance with all FAA requirements shall
be provided to the Planning Division prior to the release of building
permits.
-3-1-
EXHIBIT C
MITIGATION MONITORING PROGRAM
_3s_
February 2014
MIK %AUAU I i
MM4.2-1 The Applicant shall require by contract specifications that construction equipment
engines be maintained in good condition and in proper tune per manufacturer's specification
duration
Construction document
specifications
Prior to issuance
of building permit;
City Planning;
SCAQMD
for the of construction. Contract specifications shall be included in project
during construction
construction documents, which shall be reviewed by the City of Costa Mesa prior to issuance
of a grading permit
MM4.2-2 The Applicant shall require by contract specifications that construction operations
rely on the electricity infrastructure surrounding the construction site rather than electrical
Construction document
specifications
Prior to issuance
City Planning;
',
M
generators powered by internal combustion engines. Contract specifications shall be included
of building permit;
during construction
SCAQMD
in project construction documents, which shall be reviewed by the City of Costa Mesa prior to
issuance of a grading permit
MMU -3 As required by South Coast Air Quality Management District Rule 403—Fugitive
Dust, all construction activities that are capable of generating fugitive dust are required to
Construction document
specifications
Prior to issuance
;City Planning;
implement dust control measures during each phase of project development to reduce the
of building permit;
during construction
SCAQMD
amount of particulate matter entrained in the ambient air. These measures include the;
I
following:
r Application of soil stabilizers to inactive construction areas
■ Quick replacement of ground cover In disturbed areas. If disturbed graded areas remain
inactive for greater than 4 days, nontoxic soil stabilizers shall be applied.
■ Watering of exposed surfaces two times daily
• Watering of all unpaved haul roads two times daily
■ Covering all stock piles with tarp
■ Reduction of vehicle speed on unpaved roads
■ Post signs on site limiting traffic to 15 miles per hour or less
■ Sweep streets adjacent to the project site at the end of the day if visible soil material Is
I
j
carried over to adjacent roads
• Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil,
or other loose materials prior to leaving the site to prevent dust from impacting the
surrounding areas
• Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to
wash off trucks and any equipment leaving the site each trip
125 East Baker Street Apartment Project EIR
SCH No. 2013081051
11-2
Cily of Costo Mesa
Red Ook Investments, LLC
Final EIR
February 2014
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix
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,r; ,svAcfrora Reg4�Cedw i�>Mopr7onng,Pase:,�Pprjy>rrtiz
t lnr�al,'
•� z
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menComt
MM4.2-4 The Applicant shall require by contract specifications that construction -related
Construction document
Prior to issuance
equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be
specifications
of building permit;
City Planning;
SCAQMD
turned off when not in use for more than 5 minutes. Diesel -fueled commercial motor vehicles
with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when
during construction
not in use for more than 5 minutes. Contract specifications shall be included in the proposed
project construction documents, which shall be approved by the City of Costa Mesa.
MM4.2-5 The Applicant shall require by contract specifications that the architectural coating
Construction document
Prior to issuance
(paint and primer) products used have a VOC rating of 190 grams per liter or less, for all
specifications
of building
City Planning;
SCAQMD
exterior and interior nonresidential land use architectural coating. As per SCAQMD
permit;
during construction,
regulations, architectural coating for residential land -uses shall not exceed 50 glliter interior or
100 gAiter exterior. Contract specifications. shall be included in the proposed project
construction documents, which shall be approved by the City of Costa Mesa.
MM4.2-6 Install a sealed HVAC system in conjunction with MERVE 13 or higher rated filters
Installation of a sealed
Prior to issuance
for all residential development within the project site. The sealed air system will be designed
HVAC system in
of building
City Planning-,
SCAQMD
so that all ambient air introduced into the interior living space would be filtered through
conjunction with MERVE 13
permit;
'during construction
MERVE 13 or higher rated filters to remove DPM and other particulate matter. The MERVE
or higher rated filters for all
13 or higher rated filter is designed to remove approximately 74 percent of particulates of 3
residential development
microns or larger in size from the ambient air that is introduced to the system (NAFA 1999).
within the project site
As a conservative estimate of reductions, it is assumed that the residents are indoors up to
78 percent of the time (USDOL 2010). Therefore, a reduction of 58.75 percent of particulate
matter is anticipated with respect to this measure.
MM4.2-7 Install all HVAC system air intakes as far from SR 55 as possible. This will further
Installation of HVAC
Prior to issuance
City Planning;
reduce risk for all interior spaces to the risk where the HVAC air intake is placed.
systems as from SR 55 as
of building permit;
SCAQMD
possible
during construction
HYDROLOGYIWATER QUALITY
MM 4.4-1 The project applicant shall finalize the drainage plan and prepare a project Water
Quality Management Plan (WQMP) conforming to Orange County DAMP requirements. The
plans shall be prepared by a Licensed Civil Engineer or Environmental Engineer and shall be
submitted to the City of Costa Mesa Department of Public Works for review and approval.
The City shall not issue a grading permit for the project until it has reviewed and approved the
final drainage plan and WQMP. Prior to issuance of building permits, the City shall ensure the
components of the drainage plan and WQMP BMPs have been installed.
City of Costa Mesa
Red Oak Investments, LLC
Finalize drainage plan,
Prior to issuance
,;County of
Prepare a project WQMP
of building permit;
Orange, City of
conforming to Orange
County DAMP requirements
during construction
'Costa Mesa
Department of
Public Works
11-3 125 East Baker Street Aparrtrru-a t Project EIR
SCI'I No, 2013081051
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix
Final EIR
Pebninw 9me
MM4.5.1 The applicant for the proposed project shall provide a written statement to each Post Notice of Airport in Prior to issuance City of Costa
residential unit and resident, notifying them of potential annoyances associated with aircraft Vicinity within residential of occupancy . Mesa Planning
overflight and proximity to airport operations, including the following, with final form and area development
content to be reviewed and approved by the Economic and Development Services Director p pelt Department
and City Attorney:
"NOTICE OF AIRPORT IN VICINITY:
This property is presently located in the vicinity of an airport, with_ in what is known as an
airport influence area. For that reason, the property may, tie subject:'rto some of the:
annoyances or inconveniences associated: -with proximity. to, airport operations :(for
example, noise, vibration, or odors). Individual sensitivities to those annoyances, If;any,.
are associated with the property before your purchase.and detenni6e whether they are
acceptable to you.
POSTING OF NOTICE OF DISCLOSURE IN EACH RESIDENTIAL UNIT
Prior to offering the first residential unit for purchase, lease, or rent, the property owner or
developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous
location. Also, a copy of the Notice of Disclosure shall be included in all materials
0� distributed for the project, including but not limited to: the prospectus, informational
I
literature, and residential lease and rental agreements.'
MM4.6-1 Prior to issuance of a certificate of occupancy, the applicant shall prepare an
acoustical analysis ensuring that interior noise levels due to exterior noise sources will be at
or below 45 dBA CNEL in all units. One or a combination of the following measures will be
incorporated as necessary to ensure Interior noise will be at or below 45 dBA CNEL:
a. Limit opening and penetrations on portions of buildings impacted by noise.
b. Apply noise insulation to walls, roofs, doors, windows, and other penetrations.
c. Install dual -paned windows. For some units, it may be necessary for the windows to be
able to remain closed to ensure that interior noise levels meet the interior standard of 45
dBA CNEL. Consequently, a ventilation or air conditioning system would be required for
these units to provide a habitable interior environment with the windows closed.
NOISE
Prepare acoustical analysis Prior to issuance
f building permit
City of Costa
Mesa Planning
Department
125 East Baker Street Apartment Project EIR
SCH No. 2013081051 11-4 City cel i:.osto Mesa
Red Oak Invodriu:nts, LLC
Final EIR
February 2014
MM4.6-2 For construction activities within 200 feet of existing commercial or industrial Construction document
businesses, the construction contractor shall implement the following measures during specifications
construction:
a. The construction contractor shall provide written notification to all commercial and
industrial tenants,at least three.weeks prior to the start of construction activities within
200 feet :of the receptor. informing them of the estimated start date and duratiori of
daytime:wibt.aUon-generating construction activities.
b. Stationary sources, such as temporary generators, shall be located as far from off-site
receptors as possible.
c. Trucks shall be prohibited from idling along streets serving the construction site.
TRANSPORTATION/TRAFFIC
MM4.9-1 Pullman Street/Baker Street Intersection. Prior to issuance of a certificate of Install traffic signal and
occupancy for the proposed project, the project applicant shall install a traffic signal and associated signing
associated signing modifications and pavement legends at the Pullman Street/Baker Street ,modifications and pavement
intersection. Intersection design will incorporate the existing driveway that provides access to legends at the Pullman
I the 150 Baker Street property per the City of Costa Mesa Design guidelines and California 'Street/Baker Street
Manual on uniform Traffic Control Devices. The applicant will install signal interconnect intersection
between Pullman Street/Baker Street traffic signal and existing traffic signals at the Baker
Street/Red Hill Avenue and Baker Street/SR 55 NB Ramps intersections. In conjunction with
I signalization, the project applicant will restripe Baker Street to provide a dedicated eastbound
I and westbound left -tum lane, and a dedicated eastbound right -tum lane. Crosswalks and
ADA compliant ramps will be installed as required by the City,.
MM4.9-2 Red Hill Avenue/Bak etre1
CHAPTER I I Mitigation Monitoring and Repotting Program
SECTION 11.4 Mitigation Monitoring and Reporting Prugrom Matrix
Prior to issuance City of Costa
of building permit Mesa Planning
Department
Priorto issuance City of Costa
of occupancy Mesa Public
permit Works
Department
er et ntersechon. Prior to Issuance of a certificate of Implement planned Prior to issuance City of Costa
occupancy for the proposed project, the project applicant will implement the planned improvements at 'of occu an
improvements at this intersection as Identified in the current City of Costa Mesa General intersection as Identified in permit p Mesa rksPublic
Plan, except the project applicant will provide a dedicated southbound right -tum lane, with 'the current City of Costa De artment
overlap phasing, in lieu of the planned third southbound shared through/right-tum lane. The Mesa General Plan, except p
applicant will modify the existing traffic signal accordingly to current City of Costa Mesa the project applicant will
Standards and Design Guidelines. provide a dedicated
southbound right -tum lane,
with overlap phasing, in lieu
of the planned third
southbound shared
through/right-tum lane
pti6nce�:Vedricdliod.
Dole- C..... riiEE<
City of Costa Mesa
Red Oak Investments, LLC 11-5 125 East Baker Street Aperin•u:nl Project EIR
$CHI No. :h) I 308 1051
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix Final EIR
Febuary 2014
MM4.9-3 Traffic Impact Fees. Prior to issuance of a certificate of occupancy for the proposed
project, the project applicant will pay the City's required traffic impact fee, based on the
project's net increase in trips. The precise fee required will be determined upon issuance of
project building permits.
MM4.94 To ensure adequate sight distance is provided at the project driveways, the project
driveways and landscaping and/or hardscape on north side of these driveways will be
designed such that a driver's, clear line of sight is not obstructed and does not threaten
vehicular or pedestrian safety, as determined by the City Traffic Engineer. The minimum
stopping sight distance will be 300 feet. The following design recommendations will be
implemented.
r Install stop signs and stop bars at the proposed project driveways on Pullman Street.
Install all appropriate striping, signage and/or pavement legends per City of Costa Mesa
standards/requirements.
■ All plants and shrubs within the limited use area (see Figure 4.9-3 '[We of Sight
Analysis]} will be of the type that will grow no higher than 30 inches above the curb or a
have a canopy no lower than 72 Inches above curb.
■ The maximum tree size and minimum tree spacing in the limited use area will be limited
to 24 -inch caliper tree trunks (maximum size at maturity) spaced at 40 feet on center.
■ Subject to review and approval by the City Traffic Engineer, prohibit on -street parking on
Pullman Street between project driveways and on the north side of the primary project
driveway, and restripe Pullman Street to include a dedicated southbound right -tum lane
at the primary project driveway with minimum storage of 100 feet be provided. Curbside
parking will be restricted for a minimum of 200 feet north of the primary driveway. Parking
Will be restricted via installation of red curb and aoorandate narkine MQtrirrinn aimne
125 East Baker Street Apartment Project EIR
SCH No. 2013081051 11-6 City Of C:osia Mesa
Red Oak Invusirnents, LLC
ORDINANCE NO. 14.05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, GRANTING APPROVAL TO ADOPT REZONE R-13-02 FOR A REZONE
(OR CHANGE) OF THE ZONING CLASSIFICATION OF THE 4.17 -ACRE
DEVELOPMENT SITE FOR THE 125 EAST BAKER APARTMENT PROJECT FROM
COMMERCIAL LIMITED (CL) TO PLANNED DEVELOPMENT RESIDENTIAL — HIGH
DENSITY (PDR -HD) AT 125 EAST BAKER STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, The proposed project is a four-story plus loft, 240 -unit apartment
complex (63 -foot maximum height proposed) at a density of 58 dwelling.units (du's) per
acre with a six -story parking structure (62.5 -foot maximum height proposed) with 457
parking spaces and four outdoor on -grade parking spaces, along with the following
specific entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the.4.17-
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of 58 dwelling
units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development Residential
— High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units per
acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project would
require an amendment to Table 13-58 (Planned Development Standards) to allow a
site-specific density of 58 dwelling units per acre for this project.
Ordinance No. 14-05 Page 1 of 5
5. Master Plan PA -13-11. A Master Pian application for the proposed development of
a four-story plus loft, 240 -unit residential apartment building (63 feet overall height)
that wraps around a six -story parking structure (62.5 feet overall height) with 457
parking spaces in the structure and four outdoor on -grade parking spaces with a
deviation from: on-site parking spaces (538 parking spaces required; 461 parking
spaces proposed).
6. Development Agreement DA -14-02. A Development Agreement between the
applicant and the City of Costa Mesa to fund future public improvements in the area.
WHEREAS, a Rezone (or change) of the zoning classification of the 4.17 -acre
development site Is proposed from Commercial Limited (CL) to Planned Development
Residential -- High Density (PDR -HD) for the development of the project as described
above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public review
and comment.
WHEREAS, the Planning Commission has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
Impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at their
meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project was
consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA) and the AELUP for Heliports.
Ordinance No. 14-05 Page 2 of 5
-,12-
WHEREAS, the Planning Commission, on a 5-0 vote, recommended that City
Council certify the EIR, approve General Plan Amendment GP -13-02 subject to approval
of the final General Plan Amendment Resolution; and approve Zoning Code Amendment
CO -13-02, and Master Plan PA -11-13, by separate resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April 15,
2014, and continued to May 6, 2014, with all persons having the opportunity to speak and
be heard for and against the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -14-
02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-11,
will be subject to the approval of the final General Plan Amendment Resolution.
SECTION 1: REZONE. Based on. the evidence in the record and the findings contained
in Exhibit A, THE CITY COUNCIL HEREBY GRANTS APPROVAL TO ADOPT R-13-02,
which amends the Zoning Map of the City of Costa Mesa (Exhibit B) with respect to the
property described above.
SECTION 2: ENVIRONMENTAL DETERMINATION. Pursuant to the California
Environmental Quality Act (CEQA), a Draft EIR was circulated from November 6, 2013 to
December 20, 2013 for public review and comment. The City of Costa Mesa received
written and verbal comments .from the general public, government entities, and other
interested parties during the public review period. Written and verbal comments received
from the general public, government entities, and other interested parties were responded
to in the manner prescribed in California Code of Regulations Section 15088. 'A
Responses to Comment document was prepared which includes responses to comment
on environmental issues received during the public review period of the Draft EIR and
errata pages showing redlined/strikeout revisions reflected in the Final EIR. No significant
new information has been added to the Final EIR and no changes to the proposed project
have occurred which would require recirculation under CEQA Guidelines Section
15088.5. The Draft EIR, Responses to Comments, errata pages Identifying revisions to
the Draft EIR, and any other information added by the City constitutes the Final EIR for
this project. The City of Costa Mesa has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
Ordinance No. 14-05 Page 3 of 5
_.q3,
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines. The Final EIR for this
project reflects the independent judgment of the City of Costa Mesa.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of. the. City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post in the office of the City
Clerk a certified copy of this Ordinance together with the names and member of the City
Council voting for and ag�st the same.
OW..Ogheimer, Mayor
of Costa Mesa
ATTEST:
u
Brenda Green,
City Clerk
Ordinance No. 14-05 Page 4 of 5
_All
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above Council Ordinance Number 14-05 was
considered at a regular meeting of said City Council held on the 6th day of May, 2014,
and thereafter passed and adopted as a whole at the regular meeting of said City Council
held on the 20th day of May, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 21St day of May, 2014.
--
&Mdwim
BRENDA GREE ; CITY CLERK
Ordinance No. 14-05 Page 5 of 5
—15—
4XV1=3NV
FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Required Finding: A compatible and harmonious relationship exists between the
proposed use and existing buildings, site development, and uses that exist or have
been approved for the general neighborhoods.
Response: With implementation of the mitigation measures identified in the
EIR for the proposed project, all potentially significant impacts have been
reduced to less than significant levels. With the implementation of the
recommended conditions of approval, the proposed project will be
compatible and .harmonious with uses that exist within the general
neighborhood. The project features quality construction and materials. The
proposal provides on-site amenities comparable with quality residential
units. The parking study prepared for the project identifies that the parking
demand is adequate for this project. The Airport Land Use Commission for
Orange County (ALUC) determined that the proposed project was consistent
with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA).
Required Finding: Safety and compatibility of the design of the parking areas,
landscaping, luminaries, and other site features including functional aspects of the
site development such as automobile and pedestrian circulation have been
considered.
Response: The parking study prepared for the project concludes that the
parking will be sufficient to accommodate the proposed mix of units within
this project: The mitigation measures in the Elk include provisions for a
traffic signal at Baker/Pullman intersection, street improvements at the Red
Hill/ Baker intersection, payment of traffic impact fees, and to provide
adequate sight distance for vehicles at all project drive approaches.
Required Finding: The use complies with performance standards as prescribed
elsewhere in the Zoning Code, subject to approval of the proposed Zoning Code
Amendment for site specific changes to the density and height limits for this site.
Response: The project complies with the City's Zoning Code, subject to
approval of the associated Zoning Code Amendment for site specific text
changes as it pertains to density and building height, and complies with the
intent of the Zoning Code as it pertains to on-site parking spaces.
Required Finding: The use is consistent with the General Plan.
Response: A change in the land use designation of the 4.17 -acre
development site from Industrial Park to High Density Residential is proposed
to accommodate the development; therefore, the proposed rezone to PDR,
HD would be consistent with the proposed High Density Residential General
Plan designation for the project site.
Required Finding: The cumulative effect of all the planning applications have
been considered.
Response: The cumulative effects of General Plan Amendment GP -13-02,
Zoning Code Amendment CO -13-02, Rezone R-13-02, and Master Plan PA -
13 -11 have all been considered for this project and no significant cumulative
impacts were identified.
B• Required Finding: The proposed rezone is consistent with the Zoning Code and
the General Plan.
Response: The project site is located at the southwest corner of Baker
Street and Pullman Street. The site is approximately 4.17 -acres in size
(181,415 square feet), is roughly triangular-shaped, and is currently
occupied by a 66,000 -square -foot two-story office building constructed in
1974, a surface parking lot, signage, and landscaped areas within the
parking area and around the perimeter of the site. The property is currently
zoned CL (Commercial Limited) and has a' General Plan Land Use
Designation of Industrial Park (MP). The proposed project involves replacing
the existing office building and surface parking areas with an apartment
building and parking structure as described above. The apartment units are
comprised of studio units, one -bedroom units, two-bedroom units and three
bedroom units. A rezone (or change) of the zoning classification of the
4.17 -acre development site from Commercial Limited (CL) to Planned
Development Residential – High Density (PDR -HD). The proposed rezone
to PDR -HD would be consistent with the proposed High Density Residential
General Plan designation for the project site.
C= The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures. The Final EIR was prepared for this project pursuant to Article 7 - EIR
Process, of the CEQA Guidelines, although the proposed project could have a
significant effect on the environment, mitigation measures and conditions of
approval have been included, which avoid or substantially lessen the significant
environmental effects, as identified in the final EIR.
--19—
EXHIBIT B
Amendment to the Zoning Map
Change the zoning designation of the 4.17 -acre development site at 125 East
Baker Street from Commercial Limited (CL) to Planned Development Residential -
High Density (PDR -HD)
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i
ORDINANCE NO. 14-06
AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, GRANTING
APPROVAL TO ADOPT ZONING CODE AMENDMENT CO -13-02 TO AMEND COSTA
MESA MUNICIPAL CODE TITLE 13 FOR A SITE-SPECIFIC DENSITY OF
58 DWELLING UNITS PER ACRE FOR THE 125 EAST BAKER APARTMENT
PROJECT. THE AMENDMENT IS PROPOSED TO THE FOLLOWING CODE SECTION
IN TITLE 13 OF THE COSTA MESA MUNICIPAL CODE: TABLE 13-58 (PLANNED
DEVELOPMENT STANDARDS) TO ALLOW A SITE-SPECIFIC DENSITY OF
58 DWELLING UNITS PER ACRE FOR THIS PROJECT AT 125 EAST BAKER
STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, The proposed project is a four-story plus loft, 240 -unit apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (62.5 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of 58 dwelling
units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development Residential
— High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units per
acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project would
Ordinance No. 14-06 Page 1 of 5
require an amendment to Table 1358 (Planned Development Standards) to allow a
site-specific density of 58 dwelling units per acre for this project.'
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a four-story plus loft, 240 -unit residential apartment building (63 feet overall height)
that wraps around a six -story parking structure (62.5 feet overall height) With 457
parking spaces in the structure and four outdoor on -grade parking spaces with a
deviation from: on-site parking spaces '(538 parking spaces required; 461 parking
spaces proposed).
6. Development Agreement DA -14-02. A Development Agreement between" the
applicant and the City of Costa Mesa to fund future public infrastructure improvements
in the area.
WHEREAS, a site specific amendment to the Zoning Code is proposed for a site-
specific density of 58 dwelling units per acre and a site-specific height of 63 feet for the
development of the project as described above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public review
and comment.
WHEREAS, the Planning Commission has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at their
meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project was
Ordinance No. 14-06 Page 2 of 5
_130
consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA) and the.AELUP for Heliports.
WHEREAS, the Planning Commission, on a 5-0 vote, recommended that City
Council certify the EIR, approve General Plan Amendment GP -13-02 subject to approval
of the final General Plan Amendment Resolution; and approve Rezone R-13-02, Zoning
Code Amendment CA -13-02 and Master Plan PA -13-11, by separate resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April 15,
2014, and continued to May 6, 2014, with all persons having the opportunity to speak and
be heard for and against the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -14-
02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-11,
will be subject to the approval of the General Plan Amendment Resolution.
SECTION 1: CODE AMENDMENT.
The revised Table 13-58 is presented with changes as underlined and italicized below:
. Revised-Table.-13-58,(Planned-Development Standards) -
_
- Devetapmen! _ .
-PDR
Starrdanol ..
PDR�D�;
PDR -MD
-
°- _- _ _ PDR40 -- _- -;
- .WCM:
PDC -
PDI —
Maximum Density
8
12
20
35
20
per Section 13-59.
Note: See North
Note: The maximum
MAXIMUM
Cost Mesa Specific
density for 1901 Newport
DENSITY
Plan for exceptions.
Boulevaed is 40 dwelling
CRITERIA.
Note: The
units per acre. See North
(dwelling units per
� 9 P
density for 725 East
125maxFat
Cost Mesa Specific Plan
P
acre)
Baker Street is
for exceptions.
56 dwelling units per
acre fCO-13-02).
SECTION 2: ENVIRONMENTAL DETERMINATION. Pursuant to the California
Environmental Quality Act (CEQA), a Draft EIR was circulated from November 6, 2013 to
December 20, 2013 for public review and comment. The City of Costa Mesa received
written and verbal comments from the general public, government entities, and other
interested parties during the public review period. Written and verbal comments received
from the general public, government entities, and other interested parties were responded
to in the manner prescribed in California Code of Regulations Section 15088. A
Responses to Comment document was prepared which includes responses to comment
on environmental issues received during the public review period of the Draft EIR and
Ordinance No. 14-06 Page 3 of 5
si-
errata pages showing redlined/strikeout revisions reflected in the Final EIR. No significant
new information has been added to the Final EIR and no changes to the proposed project
have occurred which would require recirculation under CEQA Guidelines Section
15088.5. The Draft EIR, Responses to Comments, errata pages identifying revisions to
the Draft EIR, and any other information added by the City constitutes the Final EIR for
this project. The City of Costa Mesa has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines. The Final EIR for this
project reflects the independent judgment of the City of Costa Mesa.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. if any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall
cause to be.published the aforementioned summary and shall post in the office of the City
Clerk a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same_
Ordinance No. 1406 Page 4 of 5
-S2---
Ja _ igheimer, Mayor
608f Costa Mesa
ATTEST:
Brenda Green, _ .ity Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
Thom s Duarte,; 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 Council Ordinance Number 14-06 was
considered at a regular meeting of said City Council held on the 6th day of May, 2014,
and thereafter passed and adopted as a whole at the regular meeting of said City Council
held on the 20th day of May, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 21St day of May, 2014.
BRENDA GREEN, CITY CLERK
Ordinance No. 14-06 Page 5 of 5
—6-13—
ATTACHMENT 2
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF COSTA MESA, A CALIFORNIA MUNICIPAL
CORPORATION AND RED OAK INVESTMENTS,
A CALIFORNIA LIMITED LIABILITY CORPORATION
FOR THE PROPERTY LOCATED AT 125 EAST BAKER
STREET
WHEREAS, Red Oak Investments ("Developer") proposes a project located at 125
East Baker Street, Costa Mesa, CA consisting of a five -story, 240 -unit apartment
complex located on the southwest corner of Baker Street and Pullman Street
("Project"); and
WHEREAS, on or about March 24, 2014, the Planning Commission recommended the
City Council certify the Final Environmental Impact Report; approve General Plan
Amendment GP -13-02, give first reading to the ordinance approving Rezone R-13-02,
give first reading to the ordinance approving Zoning Code Amendment CO -13-02, and
approve, by adoption of resolution, Master Plan PA -13-11 (collectively, the Project
Approvals); and
WHEREAS, City ordinances and regulations do not require the payment of park impact
fees for the Project because park impact fees apply only to projects that require
subdivision, however, the Developer agrees to make a public infrastructure improvement
contribution to the City of Costa Mesa; and
WHEREAS, on or about April 14, 2014, the City Council is scheduled to approve DA -14-
02 subject to final approval of the General Plan Amendment for the Project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
1. Recitals. The City Council finds that the foregoing recitals are true and correct.
2. Term. This Agreement shall be for a term of five (5) years from the Effective
Date (as defined below).
3. Effective Date. Effective Date means the date on which General Plan
Amendment GP -13-02 is approved by the City Council.
4. Traffic Impact Fees. Developer acknowledges that traffic in the Project vicinity
will be impacted due to construction and cars to and from the Project. As a
result, Developer hereby agrees to pay the Traffic Impact fee estimated at one
hundred sixty five thousand two hundred fifty three dollars ($165,253.00) but
subject to final calculation based upon the prevailing schedule approved by the
City Council prior to the issuance of certificate of occupancy.
5. Public Infrastructure Improvement Contribution. Developer acknowledges
that the Project will place increased burden on the City's infrastructure. As a
result, Developer hereby agrees to provide two hundred, fifty thousand dollars
($250,000.00) as a public infrastructure improvement contribution payable to
the City prior to issuance of the first certificate of occupancy for the Project.
6. Park Impact Fees. The City and Developer hereby agree that if the Project is
subdivided, the Developer shall pay the current park impact fee of thirteen
thousand and eight hundred twenty nine dollars ($13,829.00) per dwelling unit
("Park Impact Fees"). Moreover, the Public Infrastructure Improvement
Contribution set forth in paragraph 5 shall be credited against the Developer's
Park Impact Fees.
7. Vested Right to Develop the Project. The City hereby grants to the
Developer the vested right to develop the Project on the Property to the extent
and in the manner provided in this Agreement subject to Developer obtaining all
applicable land use approvals for the Project. Any change in the Applicable
Rules adopted or becoming effective after the Effective Date (Subsequent
Rules), other than the Project Approvals, shall not be applicable to or binding
upon the Project or the Property. This Agreement will bind the City to the terms
and obligations specified in this Agreement and will limit, to the degree
specified in this Agreement and under state law, the future exercise of the
City's ability to regulate development of the Project
8. Applicable Rules. Applicable Rules means the rules, regulations, ordinances
and official policies of the City which were in force as of the Effective Date,
including, but not limited to, the Project Approvals, the General Plan, City
zoning ordinances and other entitlements, development conditions and
standards, public works standards, subdivision regulations, grading
requirements, and provisions related to density, growth management,
environmental considerations, and design criteria applicable to the Project.
Notwithstanding the foregoing, Applicable Rules does not include any changes
to the City's prevailing schedule and/or fee schedule that is the subject of any
rules, regulations, ordinances and official policies of the City.
9. Development of the Property. The Developer agrees that the Property shall
only be developed in accordance with the Project Approvals and any conditions
and mitigation measures imposed on the Project through final approval of the
Project, and the provisions of this Development Agreement. Notwithstanding
anything set forth in this Agreement to the contrary, unless Developer proceeds
with development of the Property, Developer is not obligated by the terms of
this Agreement to affirmatively act to develop all or any portion of the Project,
pay any sums of money, dedicate any land, or to otherwise meet or perform
any obligation with respect to the Project, except and only as a condition of
development of any portion of the Project.
10. Indemnity. Developer shall defend, indemnify, and hold harmless City, and
their respective officers, officials, members, employees, agents,
representatives, and volunteers, from all claims, demands, damages, defense
costs or liability of any kind or nature relating in any manner to the amount,
adequacy or application of development fees for the Project.
11. Notices. All notices, requests, demands, and other communications required
or permitted under this Agreement shall be in writing and shall be delivered by
either (a) personal delivery, (b) reliable courier service that provides a receipt
showing date and time of delivery, (c) registered or certified U.S. Mail, postage
prepaid, return receipt requested, or (d) facsimile. Notices shall be addressed
2
6-S
to the respective parties as set forth below or to such other address and to such
other persons as the parties may hereafter designate by written notice to the
other party hereto:
To City: City of Costa Mesa
Attn: Gary Armstrong
77 Fair Drive
Costa Mesa, CA 92626
Copy to: Jones & Mayer
Attn: Thomas P. Duarte
3777 N. Harbor Blvd.
Fullerton, CA 92832
Developer: Red Oak Investments
Attn: Joseph Flanagan
2101 Business Center Dr. Ste. 230
Irvine, CA 92612
Copy to: Allen Matkins
Attn: William Devine, Esq.
1900 Main Street, 5th Floor
Irvine, CA 92614
Each notice shall be deemed delivered on the date delivered if by personal delivery or
by overnight courier service, on the date of receipt as disclosed on the return receipt if
by mail, or on the date of transmission with confirmed successful transmission and
receipt If by telefax. By giving to the other parties written notice as provided above, the
parties to this Agreement and their respective successors and assigns shall have the
right from time to time, and at any time during the term of this Agreement, to change
their respective addresses.
12. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be
entitled to recover from the losing party its expert witness fees (if any), its
reasonable costs and expenses including, without limitation, litigation costs, and its
reasonable attorneys' fees.
13. Binding on Heirs. This Agreement shall be binding upon the parties hereto and
their respective heirs, representatives, transferees, successors, and assigns.
14. Scope Agreement, Waivers, and Amendments. This Agreement is limited to the
payment of park and traffic impact fees. Nothing herein shall be construed as
addressing the Developer's other obligations for the Project. All waivers of the
provisions of this Agreement must be in writing and signed by the appropriate
authorities of the party to be charged. Any amendment or modification to this
Agreement must be in writing and executed by Agency and Developer.
15. Interpretation; Governing Law. This Agreement shall be construed according to
its fair meaning and as if prepared by both parties hereto. This Agreement shall be
construed in accordance with the laws of the State of California.
16. Severability. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in anyway.
17. Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on both
parties hereto, notwithstanding that both parties are not signatories to the original
or the same counterpart.
18. Attachments. Attachment No. 1 to this Agreement is incorporated herein by this
reference and made a part hereof. Said Attachment(s) are identified as follows:
Attachment 1: Legal Description
IN WITNESS WHEREOF, City and Developer have entered into this Agreement
as of this 101 day of. -_ MAY ,. 2014.
"City"
City of Costa Me ?�''� a
Municipal Cor
pcKyt
of the City of Costa Mesa
ATTESTATION
"Developer"
Red Oak Investments, a California
Corpor ion
By: lv
Joseph lanag_ .n, Red Oak Investments
4
ATTACHMENT I
Legal Description
LOTS 20 AND 21 OF TRACT NO. 5769. IN THE CITY OF COSTA JMESA, COUNTY OF ORANGE;
STATE OF CALIFORNIA, AS PER NIAP RECORDED IN BOOK 210. PAGES 9 AND- 10. OF
MY FISCELLANEOUS MAPS IN' THE OFFICE OF THE COUNTRECORDER OSAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING,
THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT
OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND
REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT
TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE
CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR
BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP,
MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE 11HROUGH THE
SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN
THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION RECORDED JULY
15,199-31 AS INSTRUMENT NO. 93-469858, OFFICIAL RECORDS.
ASSESSOR'S PARCEL NUMBER: 427-021-04
-59 --
ATTACHMENT 3
RESOLUTION NO. PC -14-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF COSTA MESA CERTIFY THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 125
EAST BAKER STREET APARTMENT PROJECT (STATE
CLEARINGHOUSE NUMBER 2013081051)
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
WHEREAS, The Final Environmental Impact Report (State Clearinghouse
Number 2013081051) has been prepared for the 125 East Baker Street Apartment
Project.
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's)� per acre with
a six -story parking structure (57 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of
58 dwelling units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification' of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development
Residential — High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units
c
-unit project
per acre, or 83 dwelling units maximum for the site. The proposed 240
would require an amendment to Table 13-58 (Planned Development Standards) to
allow a site-specific density of 58 dwelling units per acre for this project.
5.- Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (57 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public
review and comment.
WHEREAS, the City of Costa Mesa received written and verbal comments from
the general public, government entities, and other interested parties during the public
review period.
WHEREAS, written and verbal comments received from the general public,
government entities, and other interested parties were responded to in the manner
prescribed in California Code of Regulations Section 15088.
WHEREAS, a Responses to Comment document was prepared which includes
responses to comment on environmental issues received during the public review
period of the Draft EIR and errata pages showing redlined/strikeout revisions reflected
in the Final EIR.
WHEREAS, no significant new information has been added to the Final EIR and
no changes to the proposed project have occurred which would require recirculation
under CEQA Guidelines Section 15088.5.
WHEREAS, the Draft EIR, Responses to Comments, errata pages identifying
revisions to the Draft EIR, and any other information added by the City constitutes the
Final EIR for this project.
WHEREAS, the Planning Commission has reviewed all environmental
documents comprising the Final EIR and has found that the Final EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives,
and the Final EIR is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
i
WHEREAS, the Final EIR 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 February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, The Planning Commission finds that the Final EIR is complete,
adequate, and fully supported by substantial evidence in that it addresses all
environmental effects on the project and fully complies with all requirements of CEQA,
the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at
their meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project
was consistent with the Commission's Airport Environs Land Use Plan (AELUP) for
John Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission recommended that City Council approve
General Plan Amendment GP -13-02, Zoning Code Amendment CO -13-02, Rezone R-
13-02, and Master Plan PA -13-11, by separate resolutions.
BE IT RESOLVED that, based on the evidence in the record, the PLANNING
COMMISSION RECOMMENDS THAT THE CITY. COUNCIL CERTIFY the Final
Environmental Impact Report (EIR) for the project as described above.
PASSED AND ADOPTED this 24TH day dAMarch, 2014.
ARFitz atr d , Chair
C.a IVla Planning Commission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution No. 14-13 was passed and
adopted at a meeting of the City of Costa Mesa Planning Commission held on March
24, 2014, by the following votes:
AYES: Fitzpatrick, Dickson, McCarthy, Mathews and Sesler
NOES: None
ABSENT: None
ABSTAIN: None
Claire' lynn, Secretary
Costa Mesa Planning Commission
-62-,
RESOLUTION NO. PC -14-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA
MESA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY. OF
COSTA MESA ADOPT GENERAL PLAN AMENDMENT GP -13-02 CHANGING
THE LAND USE DESIGNATION OF THE 4.17 -ACRE 125 EAST BAKER
APARTMENT PROJECT SITE FROM INDUSTRIAL PARK TO HIGH DENSITY
RESIDENTIAL AND TEXT AMENDMENT(S) TO THE CITY'S GENERAL PLAN
TO REFLECT A SITE-SPECIFIC DENSITY OF 58 DWELLING UNITS PER
ACRE AND A .SITE-SPECIFIC HEIGHT OF SIX STORIES AT 125 EAST
BAKER STREET.
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY .
RESOLVES AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa adopted the 2000
General Plan on January 22, 2002;
WHEREAS, the General Plan is a long-range, comprehensive document that
serves as a guide for the orderly development of the City of Costa Mesa.
WHEREAS, by its very nature, the General Plan is subject to update and revision
to account for current and future community needs.
. WHEREAS, The proposed project is a five -story, 240 -unit. apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (57 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of
58 dwelling units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development
Residential — High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units
per acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project
would require an amendment to Table 13-58 (Planned Development Standards) to
allow a site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (57 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
WHEREAS, a site specific amendment to the General Plan Land Use Element is
proposed to change the land use designation of the 4.17 -acre development site from
Industrial Park to High Density Residential for the development of the project as
described above.
WHEREAS, text amendment(s) to the City's General Plan to reflect a site-
specific density of 58 dwelling. units per acre, 'and a- site-specific height of six stories is
proposed for the project site.
WHEREAS, the General Plan Amendment involves an amendment to the Land
Use Map of the City of Costa Mesa (Exhibit A) and a text amendment to the Land Use
Element of the City's General Plan (Exhibit B);
WHEREAS, approval of the project is pending adoption of Ordinance No. 14-_
for Rezone R-13-02;
WHEREAS, approval of the project is pending adoption of Ordinance No. 14-_
for Code Amendment CO -13-02;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons' having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public
review and comment.
WHEREAS, the Planning Commission has reviewed all environmental
documents comprising the Final EIR and has found that the Final EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives,
and the Final EIR is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at
their meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project
was consistent with the Commission's Airport Environs Land Use Plan (AELUP) for
John Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission recommended that City Council certify the
EIR, approve Zoning Code Amendment CO -13-02, Rezone R-13-02, and Master Plan
PA -11-13 by separate resolutions.
BE IT RESOLVED that, based on the evidence in the record, the Planning
Commission hereby RECOMMENDS THAT THE CITY COUNCIL ADOPT GP -13-02
which amends the Land Use Map of the City of Costa Mesa (Exhibit A) and a text
amendment to the Land Use Element of the City's General Plan (Exhibit B) with respect
to the property described above.
PASSED AND ADOPTED this 24TH day of M*h, 2014.
.Jim itzpatrick, Chair
'Cost Mesa Planning Commission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution No. 14-14 was passed and
adopted at a meeting of the City of Costa Mesa Planning Commission held on March
24, 2014, by the following votes:
AYES:: Fitzpatrick, Dickson, McCarthy, Mathews and Sesler
NOES: None
ABSENT: None
ABSTAIN: None
G-71
y=
Claire Fly ,. Seer Lary
Costa Mesa Planning CommiSion
G--
EXHIBIT B
Amendment to the Zoning Map
Change the zoning designation of the 4.17 -acre development site at 125 East
Baker Street from Commercial Limited (CL) to Planned Development Residential -
High Density (PDR -HD)
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EXHIBIT B
The proposed General Plan Amendment GP -13-02 would amend the following sections
of the Land Use Element as underlined and italicized below:
LAND USE DESIGNATIONS
High -Density Residential
In 201.4, General_.Plan Amendment GP -793=02 was approved, and it consisted of a site
Building Height
The proposed revision to the General Plan objective/policy language is underlined and
.italicized below:
Objective LUA C Promote land use patterns and development, which contribute to
community and neighborhood identity.
Policy LU -1C.2 Limit building height to four stories above grade
south of the 1-405 Freeway, except for special
purpose housing, such as elderly, affordable, or
student housing. An exception is for the Newport
Plaza property at 1901 Newport Boulevard where
a six -level parking structure is allowed, and the
240 -unit apartment oM ecf :at _ .125 East Baker
Street where a five -story apartment building and
six=story,varkinp;structure are allowed (GP -13=02}:
RESOLUTION NO. PC -14-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA
MESA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF
COSTA MESA ADOPT ZONING CODE AMENDMENT CO -13-02 TO AMEND
COSTA MESA MUNICIPAL CODE TITLE 13 FOR A SITE-SPECIFIC DENSITY
OF 58 DWELLING UNITS PER ACRE FOR THE 125 EAST BAKER
APARTMENT PROJECT. THE AMENDMENT IS PROPOSED TO THE
FOLLOWING CODE � SECTION IN TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE: TABLE 13-58 (PLANNED DEVELOPMENT STANDARDS)
TO ALLOW A SITE-SPECIFIC DENSITY OF 58 DWELLING UNITS PER ACRE
FOR THIS PROJECT AT 125 EAST BAKER STREET.
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (57 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of
58 dwelling units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development
Residential High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units
per acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project
-GG-
would require an amendment to Table 13-58 (Planned Development Standards) to
allow a site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height)_that wraps
around a six -story parking structure (57 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
WHEREAS, a site specific amendment to the Zoning Code is proposed for a
site-specific density of 58 dwelling units per acre and a site-specific height of six stories
for the development of the project as described above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public
review and comment.
WHEREAS, the Planning Commission has reviewed all environmental
documents comprising the Final EIR and has found that .the Final .EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives,
and the Final EIR is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at
their meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project
was consistent with the Commission's Airport Environs Land Use Plan (AELUP) for
John Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission recommended that City Council certify the
EIR, approve General Plan Amendment GP -13-02, Rezone R-13-02, and Master Plan
PA -13-11, by separate resolutions.
-10 __
BE IT RESOLVED that, based on the evidence in the record, the Planning
Commission hereby RECOMMENDS THAT THE CITY COUNCIL ADOPT CO -13-02
which amends the Zoning Code as set forth in Exhibit A with respect to the property
described above.
PASSED AND ADOPTED this 24TH day of March, 2014.
Jim F\7-patrick, Chair
,gosta,4sa Planning Commission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
1, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution No. 14-15 was passed and
adopted at a meeting of the City of Costa Mesa Planning Commission held on March
24, 2014, by the following votes:
AYES: Fitzpatrick, Dickson, McCarthy, Mathews and Sesler
NOES: None
ABSENT: None
ABSTAIN: None
Claire Fly . n, Secretary
Costa'M6 sa Planning Commission
-12--
EXHIBIT A
The revised Table 13-58 is presented with changes as underlined and italicized below:
Revised Table 13-58 (Planned Development Standards)
Development
PDR -LD
PDR -MD
PDR -HD
PDR -NCM
PDC
PDI
Standard
Maximum Density
8
12
20
35
20
per Section 13-59
Note: See North
Note: The maximum
MAXIMUM
DENSITY
Costa Mesa Specific
density for 1901 Newport
CRITERIA.
Plan for exceptions.
Boulevard is 40 dwelling
Note: The maximum
units per acre. See North
(dwelling units per
Costa Mesa Specific Plan
density for 925 East
acre)
Baker Street is
for exceptions.
58 dwellind units per
acre (CO -13-02).
73-
RESOLUTION NO. PC -14-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA
MESA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF
COSTA MESA ADOPT REZONE R-13-02 FOR A REZONE (OR CHANGE) OF
THE ZONING CLASSIFICATION OF THE 4.17 -ACRE DEVELOPMENT SITE
FOR THE 125 EAST BAKER APARTMENT PROJECT FROM COMMERCIAL
LIMITED (CL) TO PLANNED DEVELOPMENT RESIDENTIAL — HIGH
DENSITY (PDR -HD) AT 125 EAST BAKER STREET.
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
WHEREAS, The proposed project is a five -story, 240 -unit apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (57 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of
58 dwelling units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development
Residential — High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units
per acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project
would require an amendment to Table 13-58 (Planned Development Standards) to
allow a site-specific density of 58 dwelling units per acre for this project.
-
r1
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (57 feet overall height) with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
WHEREAS, a Rezone (or change) of the zoning classification of the 4.17 -acre
development site is proposed from Commercial Limited (CL) to Planned Development
Residential — High Density (PDR -HD) for the development of the project as described
above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public
review and comment.
WHEREAS, the Planning Commission has reviewed all environmental
documents comprising the Final EIR and has found that the Final EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives,
and the Final EIR is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at
their meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project
was consistent with the Commission's Airport Environs Land Use Plan (AELUP) for
John Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission recommended that City Council certify the
EIR, approve General Plan Amendment GP -13-02, Zoning Code Amendment CO -13-
02, and Master Plan PA -11-13, by separate resolutions.
x.3151
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, the Planning Commission hereby RECOMMENDS THAT THE
CITY COUNCIL ADOPT R-13-02, which amends the Zoning Map of the City of Costa
Mesa (Exhibit B) with respect to the property described above.
PASSED AND ADOPTED this 24TH day of March, 2014.
Jim
Mesa Pring Commission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution No. 14-16 was passed and
adopted at a meeting of the City of Costa Mesa Planning Commission held on March
24, 2014, by the following votes:
AYES: Fitzpatrick, Dickson, McCarthy, Mathews and Sesler
NOES: None
ABSENT: None
ABSTAIN: None
Claire Flynn, Secretary
Costa Mesa Planning Commission
EXHIBIT A
FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Required Finding: A compatible and harmonious relationship exists between the
proposed use and existing buildings, site development, and uses that exist or have
been approved for the general neighborhoods.
Response: With implementation of the mitigation measures identified in the
EIR for the proposed project, all potentially significant impacts have been
reduced to less than significant levels. With the implementation of the
recommended conditions of approval, the proposed project will be
compatible and harmonious with uses that exist within the general
neighborhood. The project features quality construction and materials. The
proposal provides on-site amenities comparable with quality residential
units. The parking study prepared for the project identifies that the parking
demand is adequate for this project. The Airport Land Use Commission for
Orange County (ALUC) determined that the proposed project was consistent
with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA).
Required Finding: Safety and compatibility of the design of the parking areas,
landscaping, luminaries, and other site features including functional aspects of the
site development such as automobile and pedestrian circulation have been
considered. _
Response: The parking study prepared for the project concludes that the
parking will be sufficient to accommodate the proposed mix of units within
this project. The mitigation measures in the EIR include provisions for a
traffic signal at Baker/Pullman intersection, street improvements at the Red
Hill/ Baker intersection, payment of traffic impact fees, and to .provide
adequate sight distance for vehicles at all project drive approaches.
Required Finding: The use complies with performance standards as prescribed
elsewhere in the. Zoning Code, subject to approval of the proposed Zoning Code
Amendment for site specific changes to the density and height limits for this site.
Response: The project complies with the City's Zoning Code, subject to
approval of the associated Zoning Code Amendment for site specific text
changes as it pertains to density and building height, and complies with the
intent of the Zoning Code as it pertains to on-site parking spaces.
Required Finding: The use is consistent with the General Plan.
Response: A change in the land use designation of the 4.17 -acre
development site from Industrial Park to High Density Residential is proposed
to accommodate the development; therefore, the proposed rezone to PDR -
HD would be consistent with the proposed High Density Residential General
Plan designation for the project site.
Required Finding: The cumulative effect of all the planning applications have
been considered.
Response: The cumulative effects of General Plan Amendment GP -13-02,
Zoning Code Amendment CO -13-02, Rezone R-13-02, and Master Plan PA-
_ 7g.-
13-11 have all been considered for this project and no significant cumulative
impacts were identified.
B. Required Finding: The proposed rezone is consistent with the Zoning Code and
the General Plan.
Response: The project site is located at the southwest corner of Baker
Street and Pullman Street. The site is approximately 4.17 -acres in size
(181,415 square feet), is roughly triangular-shaped, and is currently
occupied by a 66,000 -square -foot two-story office building constructed in
1974, a surface parking lot, signage, and landscaped areas within the
parking area and around the perimeter of the site. The property is currently
zoned CL (Commercial Limited) and has a General Plan Land Use
Designation of Industrial Park (MP). The proposed project involves replacing
the existing office building and surface parking areas with an apartment
building and parking structure as described above. The apartment units are
comprised of studio units, one -bedroom units, and two-bedroom units. A
rezone (or change) of the zoning classification of the 4.17 -acre development
site from Commercial Limited (CL) to Planned Development Residential –
High Density (PDR -HD). The proposed rezone to PDR -HD would be
consistent with the proposed High Density Residential General Plan
designation for the project site.
C. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures. The Final EIR was prepared for this project pursuant to Article 7 - EIR
Process, of the CEQA Guidelines, although the proposed project could have a
significant effect on the environment, mitigation measures and conditions of
approval have been included, which avoid or substantially lessen the significant
environmental effects, as identified in the final EIR.
-7q—
EXHIBIT A
Amendment to the Land Use Map
Change the land use designation of the 4.17 -acre development site at 125 East
Baker Street from Industrial Park (IP) to High Density Residential (HDR)
Overview Map Map Display
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RESOLUTION NO. PC -14-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA
MESA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF
COSTA MESA ADOPT MASTER PLAN PA -13-11 FOR THE PROPOSED
DEVELOPMENT OF A FIVE -STORY 240 -UNIT RESIDENTIAL APARTMENT
BUILDING (63 FEET OVERALL HEIGHT) THAT WRAPS AROUND A SIX -
STORY PARKING STRUCTURE (57 FEET OVERALL HEIGHT) WITH 457
PARKING SPACES IN THE STRUCTURE AND FOUR OUTDOOR ON -GRADE
PARKING SPACES WITH A DEVIATION FROM THE FOLLOWING ZONING
CODE DEVELOPMENT STANDARDS: FOR ON-SITE PARKING SPACES (538
PARKING SPACES REQUIRED; 461 PARKING SPACES PROPOSED) AT 125
EAST BAKER STREET.
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
WHEREAS, The proposed project is a five -story, 240 -unit, apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (57 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use .designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of
58 dwelling units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development
Residential – High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units
—61—
per acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project
would require an amendment to Table 13-58 (Planned Development Standards) to
allow a site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height) that wraps
around a six -story parking structure (57 feet overall height)' with 457 parking spaces
in the structure and four outdoor on -grade parking spaces with a deviation from: on-
site parking spaces (538 parking spaces required; 461 parking spaces proposed).
WHEREAS, A Master Plan application for the proposed development of a five -
story 240 -unit residential apartment building for the development of the project as
described above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public
review and comment.
WHEREAS, the Planning Commission has reviewed all environmental
documents comprising the Final EIR and has found that the Final EIR considers all
environmental impacts of the proposed project and a reasonable range of alternatives,
and the Final EIR is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at
their meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project
was consistent with the Commission's Airport Environs Land Use Plan (AELUP) for
John Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission recommended that City Council certify the
EIR, approve General Plan Amendment GP -13-02, Zoning Code Amendment CO -13-
02, and Rezone R-13-02, by separate resolutions.
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A and subject to the condition's of approval/mitigation measures
indicated in the Mitigation Monitoring Program contained within Exhibit B and Exhibit C,
respectively, the Planning Commission hereby RECOMMENDS THAT THE CITY
COUNCIL APPROVE PA -13-11 with respect to the property described above.
PASSED AND ADOPTED this 24TH day of March, 2014.
Jim .%R. ' .`....,.. Chair ---
Costa sa Planning Commission
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution No. 14-17 was passed and
adopted at a meeting of the City of Costa Mesa Planning Commission held on March
24, 2014, by the following votes:
AYES: Fitzpatrick, Dickson, McCarthy, Mathews and Sesler
NOES: None
ABSENT: None
ABSTAIN: None
Claire Fly . n, Secretary
Costa Mesa Planning Commission
EXHIBIT A
.FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Required Finding: A compatible and harmonious relationship exists between the
proposed use and existing buildings, site development, and uses that exist or have
been approved for the general neighborhoods.
Response: With implementation of the mitigation measures identified in the
EIR for the proposed project, all potentially significant environmental impacts
have been reduced to less than significant levels. With the implementation
of the recommended conditions of approval, the proposed project will be
compatible and harmonious with uses that exist within the general
neighborhood. The project, features quality construction and materials. The
proposal provides on-site amenities comparable with quality residential
units. The parking study prepared for the project determined that the
proposed parking spaces are adequate to meet the demand for this project.
The Airport Land Use Commission for Orange County (ALUC) determined
that the proposed project was consistent with the Commission's Airport
Environs Land Use Plan (AELUP) for John Wayne Airport (JWA).
Required Finding: Safety and compatibility of the design of the parking areas,
landscaping, luminaries, and other site features including functional aspects of the
site development such as automobile and pedestrian circulation have been
considered.
Response: The parking study prepared for the project concludes that the
parking will be sufficient to accommodate the proposed mix of units within
this project. The mitigation measures in the EIR include provisions for a
traffic signal at Baker/Pullman intersection, street improvements at the Red
Hill/ Baker intersection, payment of traffic impact fees, and to provide
adequate sight distance for vehicles at all project drive approaches. The
project has been conditioned to comply with these mitigation measures; as a
result, the safety and compatibility of the project has been insured.
Required Finding: The use is consistent with the General Plan.
Response: The project proposes a rezone of the property to Planned
Development Residential — High Density (PDR -HD) and a Zoning Code Text
Amendment to the maximum density of 58 Dwelling Units per acre. Subject
to approval of the proposed rezone and text amendment the project
complies with the City's Zoning Code as it pertains to building height,
setbacks, and open space, and complies with the intent of the Zoning Code
as it pertains to on-site parking spaces and overall project density.
Required Finding: The cumulative effect of all the planning applications have
been considered.
Response: The cumulative effects of General Plan Amendment GP -13-02,
Zoning Code Amendment CO -13-02, Rezone R-13-02, and Master Plan PA -
13 -11 have all been considered for this project and no significant impacts
were identified.
B. Required Finding: The master plan meets the broader goals of the General Plan
Mim
and the Zoning Code by exhibiting excellence in design, site planning, and
integration of uses and structures and protection of the integrity of neighboring
development.
Response: The Master Plan application is for the proposed development of
a five -story 240 -unit residential apartment building (63 feet overall height)
that wraps around a six -story parking structure (57 feet overall height) with
457 parking spaces in the parking structure and four outdoor on -grade
parking spaces with a deviation from the following zoning code development
standards; on-site parking spaces (538 parking spaces required; 461
parking spaces proposed). With regard to the master plan, the following is
noted:
The projedt:.featuresquality construction and materials. The building design
and roof elements are a modem style, i.e., characterized by simplified
square and rectangular building forms with a variety of flat planes,
projections, and recesses. The exterior consists of alternating stucco,
smooth fiber cement panels with exposed attachments, and wood siding
finishes. Additional accents include wood balcony rails and trellises, welded
wire mesh grid systems that support the growth of landscape vines, and
"caged rock" planters. The developer will also be required to contact the
City's Transportation Services Division and the California Department of
Transportation (Caltrans) to replace the chain link fence between the
westerly property line and the drainage channel v -ditch with a combination
wrought iron fence with pilaster supports or other fence/barrier acceptable to
both the City and Caltrans, and to landscape the area between the westerly
property line and the v -ditch consistent with the abutting on-site landscape.
The proposal provides on-site amenitie_ s comparable. with quality 'residential
developments. The proposed resident amenities include a 5,400 square foot
clubhouse, business center, and state-of-the-art cardio gym. Beyond the
clubhouse is over 12,223 square feet of landscaped courtyard with a pool, spa
and related recreation areas. A separate more passive courtyard
encompasses 5,385 square feet of additional common open space. Stretching
along the western edge of the property is the 13,797 square foot "resident
back yard", including a dog park, basketball courts, landscaped walkways and
community gardens.
The parking study prepared for the proiect' rather than _strict_ Compliance .with
the parking requirements in the Zoninq Code - has been determined to
appropriately identify_ the parking demand for. this_ project. A shared parking
analysis prepared for this project is a tool to identify peak parking demand for
this project. The parking study was prepared by Linscott, Law and Greenspan
Engineers (LLG) and is included in the Transportation/Traffic section of the
EIR. The study concludes that the parking will be sufficient to accommodate
the proposed mix of units within this project.
the area and future apartnnent tenants will be notified of the .existing uses .in
the vicinity of this project. The project has been designed as a self-contained
residential community with on-site amenities as discussed above. The building
reflects a modern architecture style that makes it visually compatible with the
architecture of the surrounding industrial area. A condition of approval has
been incorporated requiring future tenants to be notified that there are
surrounding industrial uses in the area, including but not limited to, operational
characteristics such as hours of operation, delivery schedules,
outdoor activities, noise, and odor generation that could be disturbing to
residents. Additionally, future tenants will be notified of their proximity to the
airport and the units will be designed with sound attenuation measures to
mitigate any noise impacts.
C: The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures. The Final EIR was prepared for this project pursuant to Article 7 - EIR
Process, of the CEQA Guidelines, although the proposed project could have a
significant effect on the environment, mitigation measures and conditions of
approval have been included, which avoid or substantially lessen the significant
environmental effects, as identified in the final EIR.
D., Pursuant to CEQA Guidelines Section 15093(b), when a Lead Agency approves a
project that would result in significant, unavoidable impacts that are disclosed in
the Final EIR, the agency must state in writing its reasons for supporting the
approved action. This document, known as the Statement of Overriding
Considerations, must be supported by substantial information in the record, which
includes this Final EIR. However, as the proposed project .does not result in
project -specific significant and unavoidable impacts and cumulative- significant and
unavoidable impacts, a Statement of Overriding Considerations is not required.
E.. Mitigation measures from the EIR have been included as Exhibit C. If any of these
conditions are removed, the decision-making body must make a finding that the
project will not result in significant environmental impacts, that the conditions are
within the responsibility and jurisdiction of another public agency, or that specific
economic, social or other considerations make the mitigation measures infeasible.
F;. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation
System Management, of Title 13 of the Costa Mesa Municipal Code in that the
development project's traffic impacts will be mitigated at all affected intersections
and by the payment of traffic impact fees.
G. The rear building of this development is at an excessive distance from the street,
but the plan does not lend itself to fire apparatus access or placement of an on-site
fire hydrant. Problems associated with the depth of buildings on the property can
be somewhat reduced by installation of a standpipe system and a residential
sprinkler system.
EXHIBIT B
CONDITIONS OF -APPROVAL FOR -PA -13-11
Ping. 1
The approval of Master Plan PA -13-11 shall be contingent upon City Council's
final approval of General Plan Amendment GP -13-02, Rezone R-13-02, and
Zoning Code Amendment CO -13-02.
2.
Final Master Plan PA -13-11 shall comply with the conditions of approval, code
requirements, special district requirements, and mitigation measures of the EIR
for this project and as listed in the attached Mitigation Monitoring Program
(Exhibit C).
3.
Mitigation measures from the EIR for this project have been included as Exhibit
C. If any of these conditions are removed, the City Council must make a finding
that the project will not result in significant environmental impacts, that the
conditions are within the responsibility of another public agency, or that specific
economic, social, or other considerations make the mitigation measures
infeasible.
4.
The conditions of approval including Mitigation Measures incorporated by
reference in these Conditions of Approval as Exhibit C, code requirements, and
special district requirements of PA -13-11 shall be blueprinted on the face of the
site plan as part of the plan check submittal package
5.
A parking management plan shall be submitted to the Development Services
Director and the Transportation Services Manager prior to final occupancy of the
building. The parking management plan shall denote the following:
a. Method of allocation of assigned parking.
b. Location of visitor parking, including appropriate signage.
c. Location of security gates, if any, and how gates will be operated.
d. Location of employee parking.
e. Provide proof of a contract with a towing service to enforce the parking
regulations if parking problems arise.
6..
No modification(s) of the approved building elevations including, but not limited
to, changes that increase the building height, removal of building articuiation, 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
such as a minor design review or a variance, or in the requirement to modify the
construction to reflect the approved plans.
7.
The subject property's ultimate finished grade level may not be filled/raised
unless necessary to provide proper drainage, and in no case shall it be raised in
excess of 30 inches above the finished grade of any abutting property or as
would result in an overall building height in excess of 111 feet above mean sea
level as discussed in condition of approval number 8. If additional fill dirt is
needed to provide acceptable on-site stormwater 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 stormwater facilities,
subsurface drainage collection systems and/or sumps with mechanical pump
discharge in -lieu of gravity flow. If mechanical pump method is determined
•M
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.
8. Prior to issuance of Grading Permits the applicant shall demonstrate
compliance with the Federal Aviation Administration (FAA) Determination of No
Hazard To Air Navigation issues on May 16, 2013, which established a
maximum building height of 111 feet above mean sea level (approximately 65
feet above ground level) for the proposed project.
9. The developer shall contact the Planning Division to arrange a Planning
inspection of the site prior to the release of occupancy. This inspection is to
confirm that the Planning Division conditions of approval and code
requirements have been satisfied.
10. 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.
11. Prior to issuance of building permits, developer shall contact the U.S. Postal
Service with regard to location and design of mail delivery facilities. Such
facilities shall be shown on the site plan, landscape plan, and/or floor plan.
12. The project shall incorporate green building design and construction techniques
where feasible; CAL Green Code or higher as determined by applicant. The
applicant may contact the Building Safety Division at (714) 754-5273 for
additional information.
13. 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.
14. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts
are permitted. This condition relates to visually prominent features of scuppers
or downspouts that not only detract from the architecture but may be spilling
water from overhead without an integrated gutter system which would typically
channel the rainwater from the scupper/downspout to the ground. An
integrated downspout/gutter system which is painted to match the building
would comply with the condition. This condition shall be completed under.the
direction of the Planning Division.
15. Permits shall be obtained for all signs according to the provisions of the Costa
Mesa Sign Ordinance. Freestanding signs shall be subject to review and
approval by the Planning Division/Development Services Director to ensure
compatibility in terms of size, height, and location with the proposed/existing
development, and existing freestanding signs in the vicinity.
16. There shall be no signage above the second floor of the building. Building wall
signage shall be limited to identification of the residential development.
17. 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.
18. Developer shall contact the City's Transportation Services Division and the
California Department of Transportation (Caltrans) to replace the chain link
fence between the westerly property line and the drainage channel v-ditch with
•
a combination wrought iron fence with pilaster supports or other fence/barrier
acceptable to both the City and Caltrans, and landscape the area between the
westerly property line and the v -ditch consistent with the abutting on-site
landscape. The off-site fencing and landscape plan shall be submitted for
review and approval by the Planning Division. Issuance of certificate of
occupancy shall not be withheld pending the completion of this condition;
however, the applicant shall provide documentation of the progress and
estimated time of completion of the condition prior to the issuance of the
certificate of occupancy.
19. Developer shall submit a detailed Landscape Plan for the public and private open
spaces, for review and approval by the Development Services Department, prior
to any construction landscape improvements. The plan shall include all
decorative hardscape and landscape improvements as shown on the conceptual
plans to provide visual relief for the project from the street. Final materials shall
be subject to approval by the Planning Division.
20. Perimeter landscaping shall be planted with trees and vegetation. The landscape
plan shall be approved prior to issuance of building permits and shall contain
additional 24 -inch box trees above the minimum Code requirements to the
satisfaction of the Development Services Director. Compliance with this
requirement may include upgrading smaller sized trees to 24 -inch box trees or
providing additional 24 -inch box trees.
21. Existing mature trees shall be retained wherever possible. Should it be
necessary to remove existing trees, the applicant shall submit a written request
and justification to the Planning Division. A report from a California licensed
arborist may be required as part of the justification. Replacement trees shall be
of a size consistent with trees to be removed and may be required on a 1:1 basis,
unless otherwise approved by the Planning Division. This requirement shall be
completed under the direction of the Planning Division.
22. 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.
23. 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.
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. Design, grading,. and construction shall be performed in accordance with the
_q0_
26.
27.
FU
29
requirements of the California Building Code applicable at the time of grading
as well as the appropriate local grading regulations, and the recommendations
of the project geotechnical consultant as summarized in a final written report,
subject to review by the City of Costa Mesa Building official prior to issuance of
grading permits.
Developer shall defend, indemnify, and hold harmless the City, its elected and
appointed officials, agents, officers and employees from any claim, action, or
proceeding (collectively referred to as "proceeding") brought against the City, its
elected and appointed officials, agents, officers or employees arising out of (1)
City's approval of the project, including but not limited to any proceeding under
the California Environmental Quality Act. The indemnification shall include, but
not be limited to, damages, fees and/or costs awarded against the City, if any,
and cost of suit, attorney's fees, and other costs, liabilities and expenses
incurred in connection with such proceeding whether incurred by the applicant,
the City and/or the parties initiating or bringing such proceeding. This indemnity
provision shall include the applicant's obligation to indemnify the City for all the
City's costs, fees, and damages that the City incurs in enforcing the
indemnification provisions set forth in this section.
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 limited to
minimize nighttime light and glare to residents and 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; and
• Lighting design and layout shall limit spill light to no more than 0.5 foot-
candle at the property line of the surrounding properties, consistent with
the level of lighting that is determined necessary for safety and security
purposes on site.
• Light standards located at the top level of the parking structure shall be a
maximum of 20 feet in height, located and oriented in such a way as to
minimize light spillage onto surrounding properties.
A "Notice to Tenants" shall disclose the surrounding industrial uses in the area,
including but not limited to, operational characteristics such as hours of
operation, delivery schedules, outdoor activities, noise, and odor generation.
The Tenant Notice .shall be reviewed/approved by the City Attorney's office and
Development Services Director prior to issuance of building permits and shall
be included as a reference document in the Tenants' Lease Agreement. The
Tenant's Notice shall serve as written notice of the existing noise environment
and any odor -generating uses within the vicinity of the project.
If the project is constructed in phases, perimeter fences/walls, landscaping
=-q I -
along the frontages, and irrigation shall be installed prior to completion of the
first phase.
30. The FAA No Hazard Determination shall be current and valid at the time of
issuance of building permits. Any required modifications to the building,
including, but not limited to, the building height or appurtenances required by the
No Hazard Determination shall be reflected in the building plans prior to building
permit issuance.
ALUC 31. Outdoor signage shall be provided informing the public of the presence of an
operating airport for all designated outdoor common or recreational areas. If
the proposed project should change significantly after the ALUC review, the
proposed project must return to ALUC for another consistency determination.
Eng. 32. Maintain the public right-of-way in a "wet -down" condition to prevent excessive
dust and promptly remove any spillage from the public right-of-way by sweeping
or sprinkling.
CODE REQUIREMENTS FOR .PA -13-11,
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City" pertains to the
City of Costa Mesa.
Ping. 1.
All contractors and subcontractors must have valid business licenses to
do business in the City of Costa Mesa. Final inspections, final
occupancy and utility releases will not be granted until all such licenses
have been obtained.
2:
All noise -generating construction activities shall be limited to 7 a.m. to 7
p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -
generating construction activities shall be prohibited on Sunday and the
following Federal holidays: New Years Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
3..
Development shall comply with all requirements of Article 1, Chapter 5,
and Article 9, Chapter 5 of Title 13 of the Costa Mesa Municipal Code
relating to development standards for multi -family residential projects.
4.
If a tract map is proposed/recorded for this project, the Developer shall
pay a park impact fee or dedicate parkland to meet the demands of the
proposed development. The current park impact fee is calculated at
$13,829.00 per new multi -family dwelling unit.
5.
Street address shall be visible from the public street and shall be
displayed on the complex identification sign. If there is no complex
identification sign, the street address may be displayed on the fascia
adjacent to the main entrance or on another prominent location. Street
address numerals shall be a minimum six (6) inches in height with not
less than one -half-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.
6..
Parking stalls shall be double -striped in accordance with City standards.
---_q2--
7.
Driveway ramp slope shall comply with the standards contained in the
City's parking ordinance.
8.
All new on-site utility services shall be installed underground.
9.
Installation of all new utility meters shall be performed in a manner so as
to obscure the installation from view from any place on or off the
property. The installation shall be in a manner acceptable to the public
utility and shall be in the form of a vault, wall cabinet, or wall box under
the direction of the Planning Division.
10.
Any mechanical equipment such as air-conditioning equipment and duct
work shall be screened from view in a manner approved by the Planning
Division.
11.
The project shall be subject to the submission of legal instruments
setting forth a plan or manner of permanent care and maintenance of all
common open space and other facilities provided in the final
development plan.
12.
All landscaped areas shall be separated from paved vehicular areas by 6 -
inch high continuous Portland Cement Concrete curbing.
13.
The parking structure shall be landscaped per the provisions of Costa
Mesa Municipal Code Section 13-105(4) - Parking Structure Landscape
Requirements.
14.
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, 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.
15.
Landscaping and irrigation shall be installed in accordance with the
approved plans prior to final inspection or occupancy clearance.
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.
Trash enclosure(s) or other acceptable means of trash disposal shall be
provided. Design of trash enclosure(s) shall conform to City standards.
Standard drawings are available from the Planning Division.
18.
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 unopenable 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.
19.
In compliance with the City's mitigation monitoring program, the applicant
shall submit a compliance report to the Planning Division along with plans
for plan check or prior to commencement of the project's activity if no
construction is involved, that lists each mitigation measure and states
when and how the mitigation measures are to be met.
Bldg. 20.
Comply with the requirements of the 2013 California Building Code, 2013
California Residential Code, California Electrical Code, California
Mechanical Code, California Plumbing Code, California Green Building
Standards Code and 2013 California Energy Code (or the applicable
_qZ--
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.
21.
This project shall comply with the in -Building Public Safety Radio System
Coverage per Section 5-130 to 5-137 of the Costa Mesa Municipal Code.
At plan check submittal 6 copies of an in -building Public Safety Radio
System Coverage report (Radio System Report) shall be submitted to the
Building and Safety Division. The Radio System Report shall be certified
by an FCC licensed radio technician as provided by the property
owner/applicant. The technician is required by Section 5-133 to conduct
initial tests and shall be employed by the owner, the engineer or architect
of record, or agent of the owner, but not by the contractor or any other
person responsible for the work.
22.
The ground immediately adjacent to the foundation shall be sloped away
from the building at a slope of not less than 5% for a minimum of 10 feet
measured perpendicular to the face of the wall. CBC 1803.3., unless
otherwise approved by the City Engineer and allowed by the soils
engineer.
23.
Projections, including eaves, shall be one-hour fire resistive construction,
heavy timber or of noncombustible material if they project into a 5 -foot
setback area from the property line. They may project a maximum of 12
inches beyond the 3 -foot setback. CRC Tables R302.1(1) and R302.1(2).
24.
Submit a soils report for this project. Soils report recommendation shall
be blueprinted on both the architectural and grading plans.
25.
Show compliance with Chapter 11A and 11B of the 2013 California
Building Code.
26.
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 device a minimum of 12 inches plus 2 percent. 2010
California Residential Code Section R403.1.7.3. 2013 California Building
Code CBC 1808.7, unless otherwise approved by the City Engineer.
27.
Submit grading plans, an erosion control plan, and a hydrology study.
28..
Prior to or concurrent with the submittal of plans for plan check, the
applicant shall prepare and submit documentation for compliance with the
State Water Resources Control Board (SWRCB) 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 Water Quality
Management Plan (WQMP) identifying and detailing the implementation
of the applicable Best Management Practices (BMPs).
Eng. 29.
For demolition, grading, or building permits involving projects with a
valuation of $10,000 or more, the contractor shall use a City -permitted
-- as--
hauler(s) to haul any debris or solid waste from the job site (refer to
Section 8-83(h), Regulations, of Title 8 of the Costa Mesa Municipal
Code). Use of a City -permitted hauler for such projects is the
responsibility of the designated contractor. Non-compliance is subject to
an administrative penalty as follows: $1,000 or 3% of the total project
value, whichever is greater.
30.
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. Cross lot drainage shall not occur. 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.
31.
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 Cit of Costa Mesa.
32.
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.
33.
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.
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 then construct a wheelchair ramp on the corner
of Baker Street and Pullman Street.
36.
,Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements
prior to approval of plans.
37.
Applicant is informed that Baker and Pullman Streets will be under a "NO
OPEN CUT' moratorium. Open cutting the street pavement during the
moratorium period shall require special resurfacing requirements.
38.
The storm runoff study shall show existing and proposed facilities draining
directly to the flood control channel adjacent to the property.
Trans. 39.
Fulfill mitigation of off-site traffic impacts at the time of issuance of
certificate of occupancy by submitting to the Transportation Division the
required traffic impact fee pursuant to the prevailing schedule of charges
adopted by the City Council. The traffic impact fee is calculated including
credits for all existing uses. At the current rate per trip end, the traffic
impact fee is estimated at $165.253.00. NOTE: The Traffic Impact Fee
will be recalculated at the time of issuance of certificate of occupancy
-- as--
SPECIAL DISTRICT REQUIREMENTS FOR PA -13-11
The requirements of the following special districts are hereby forwarded to the applicant:
Sani 1. It is recommended that the developer contact the Costa Mesa Sanitary
District at (949) 645-8400 to obtain Sanitary District requirements.
AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-
7664 for potential additional conditions of development or for additional
permits required by the district.
School 3. Pay applicable Newport Mesa Unified School District fees to the Building
Division prior is issuance of building permits.
State 4. Comply with the requirements of the California Department of Food and
—Q CO —.-
based upon any changes in the prevailing schedule of charges adopted
by the City Council and in effect at that time.
40.
Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance
requirement at the time of issuance of building permit by submitting the
required fee to the Transportation Division. For the proposed use, the
corridor fee is estimated as $2,216.00 per dwelling unit. NOTE: This fee
is subject to revision and possible increase effective July 'I of each year.
41.
Submit detailed plans for parking structure providing dimensions for all
parking spaces and aisle widths per City Standards.
42.
Identify width of all drive aisles including the circle entryway approaching
the gated entryto the parking structure.
43.
Provide a minimum of 40 feet total overall width at entry/exit for turn
around.
44.
Close unused drive approaches with full height curb and gutter per City
Standards.
45.
Construct sidewalk on Baker Street and Pullman Street per the revised
plans and per City Standards and relocate any conflicting utilities, subject
to final approval by Public Services.
46.
Construct commercial type drive approach for FIRE LANES on Baker
Street and Pullman Street, construct as 3 -inch high curb.
47.
Construct Type II drive approach at locations submitted on site plan.
Comply with minimum clearance requirements from any vertical
obstructions.
48.
For the traffic study, revise Figure 9-A (Stopping Sight Distance Analysis)
for southbound Pullman Street to show a merging point closer to the main
entrance.
49.
Developer shall be fully responsible for the design and installation of a
traffic signal at the intersection of Baker Street and Pullman Street,
Fire 50.
Provide Class I Wet Standpipes in all stairs.
51.
Provide 2 -hour fire -rated stair enclosures.
52.
Provide electronic supervision of all unit smoke detectors.
53.
Provide Fire Alarm System per CFC, 2010.
54.
Provide Automatic Fire Sprinkler System per NFPA 13.
55.
Provide Fire Department Connection at direction of Fire Department.
Parks/ 56.
Designated street tree for Baker Street is jacaranda mimosifolia.
Pkwys
Designated street tree for Pullman Avenue is pinus pinea.
SPECIAL DISTRICT REQUIREMENTS FOR PA -13-11
The requirements of the following special districts are hereby forwarded to the applicant:
Sani 1. It is recommended that the developer contact the Costa Mesa Sanitary
District at (949) 645-8400 to obtain Sanitary District requirements.
AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-
7664 for potential additional conditions of development or for additional
permits required by the district.
School 3. Pay applicable Newport Mesa Unified School District fees to the Building
Division prior is issuance of building permits.
State 4. Comply with the requirements of the California Department of Food and
—Q CO —.-
Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on
the property prior to any soil movement or excavation.
Water - 5: 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.
JWA 6. Proposed construction penetrates the 100:1 imaginary surface
extending a horizontal distance of 20,000 feet from the nearest point of
the nearest runway of John Wayne Airport. Prior to issuance of building
permits, applicant shall submit a Notice of Proposed Construction to the
FAA. Written proof from the FAA of their approval of the proposed
construction and applicant's compliance with all FAA requirements shall
be provided to the Planning Division prior to the release of building
permits.
Exhibit C
Mitigation Monitoring. Program
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix
Table 11-1 Mitigation Monitoring and Reporting Program Matrix
Final EIR
February 2014
Responsible Compliance Verification
Agency/
Mitigation Measure Action Required Monitoring Phase Party Initial Date I Comments
AIR QUALITY
MM4.2-1 The Applicant shall require by contract specifications that construction equipment
engines be maintained in good condition and in proper tune per manufacturer's specification
for the duration of construction. Contract specifications shall be included in project
construction documents, which shall be reviewed by the City of Costa Mesa prior to issuance
of a grading permit.
Construction document
specifications
Prior to issuance
of building permit;
during construction
City Planning;
SCAQMD
MM4.2-2 The Applicant shall require by contract specifications that construction operations
Construction document
Prior to issuance
City Planning;
rely on the electricity infrastructure surrounding the construction site rather than electrical
specifications
of building permit;
SCAQMD
generators powered by internal combustion engines. Contract specifications shall be included
during construction
in project construction documents, which shall be reviewed by the City of Costa Mesa prior to
issuance of a grading permit.
MM4,2-3 As required by South Coast Air Quality Management District Rule 403—Fugitive
,Construction document
Prior to issuance
City Planning;
Dust, all construction activities that are capable of generating fugitive dust are required to
'specifications
of building permit;
SCAQMD
implement dust control measures during each phase of project development to reduce the
during construction
amount of particulate matter entrained in the ambient air. These measures include the
following:
■ Application of soil stabilizers to inactive construction areas
■ Quick replacement of ground cover in disturbed areas. If disturbed graded areas remain
inactive for greater than 4 days, nontoxic soil stabilizers shall be applied.
■ Watering of exposed surfaces two times daily
■ Watering of all unpaved haul roads two times daily
■ Covering all stock piles with tarp
■ Reduction of vehicle speed on unpaved roads
■ Post signs on site limiting traffic to 15 miles per hour or less
i
■ Sweep streets adjacent to the project site at the end of the day if visible soil material is
carded over to adjacent roads
■ Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil,
or other loose materials prior to leaving the site to prevent dust from impacting the
surrounding areas
■ Install wheel washers when: vehicles enter and exit unpaved roads onto paved roads to
wash off trucks and any equipment leaving the site each trip
125 East Baker Street Apartment Project EIR 11-2 City of Costa Mesa
SCH No. 2013081051 Red Oak Investments, LLC
Final EIR
February 2014
Tnhla 11 _1 Mifiantien Meniforina and Renortina Proaram Matrix
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrur.
HYDROLOGYMATER QUALITY
MM 4.4-1 The project applicant shall finalize the drainage plan and prepare a project Wateri
Quality Management Plan (WQMP) conforming to Orange County DAMP requirements. The
Finarize drainage plan,
Prepare a project WQMP
Prior to issuance
of building permit;
Responsible
Cbmptfdnce Ve cafion
plans shall be prepared by a Licensed Civil Engineer or Environmental Engineer and shall be
Agency/
during construction
Costa Mesa
Mitigation Measure
Action Required
Monffodng Phase
Party
-Initial
Date
Comments
MM4.24 The Applicant shall require by contract specifications that construction -related
Construction document
Prior to issuance `
City Planning;
Public Works
equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be
specifications
of building permit;
SCAQMD
turned off when not in use for more than 5 minutes. Diesel -fueled commercial motor vehicles
during construction
,
with gross vehicular weight ratings of greater than 10,000 pounds shall be turned offwhen
not in use for more than 5 minutes. Contract specifications shall be included in the proposed'
project construction documents, which shall be approved by the City of Costa Mesa.
MM4.2-5 The Applicant shall require by contract specifications that the architectural coating
Construction document
Prior to issuance
City Planning;
(paint and primer) products used have a VOC rating of 190 grams per liter or less, for all
specifications
of building permit;
;SCAQMD
exterior and interior nonresidential land use architectural coating. As per SCAQMD
during construction'
regulations, architectural coating for residential land -uses shall not exceed 50 g/liter interior or
100 glliter exterior. Contract specifications shall be included in the proposed project,
construction documents, which shall be approved by the City of Costa Mesa.
INM4.2-6 Install a sealed HVAC system in conjunction with MERVE 13 or higher rated fiflers
Installation of a sealed
Prior to issuance
City Planning;
for all residential development within the project site. The sealed air system will be designed
HVAC system in
of building permit;
SCAQMD
so that all ambient air introduced into the interior living space would be filtered through
conjunction with MERVE 13
during construction
MERVE 13 or higher rated filters to remove DPM and other particulate matter. The MERVE
or higher rated filters for all
13 or higher rated filter is designed to remove approximately 74 percent of particulates of 3
residential development
microns or larger in size from the ambient air that is introduced to the system (NAFA 1999).
within the project site
As a conservative estimate of reductions, it is assumed that the residents are Indoors up to
78 percent of the time (USDOL 2010). Therefore, a reduction of 58.75 percent of particulate
matter is anticipated with respect to this measure.
MM4.2-7 Install all HVAC system air intakes as far from SR 55 as possible. This will further
Installation of HVAC
Prior to issuance
City Planning;
reduce risk for all interior spaces to the risk where the HVAC air intake is placed.
systems as from SR 55 as
of building permit;
SCAQMD
possible
during construction
HYDROLOGYMATER QUALITY
MM 4.4-1 The project applicant shall finalize the drainage plan and prepare a project Wateri
Quality Management Plan (WQMP) conforming to Orange County DAMP requirements. The
Finarize drainage plan,
Prepare a project WQMP
Prior to issuance
of building permit;
County of
Orange, City of
j
plans shall be prepared by a Licensed Civil Engineer or Environmental Engineer and shall be
conforming to Orange
during construction
Costa Mesa
submitted to the City of Costa Mesa Department of Public Works for review and approval.
County DAMP requirements
Department of
The City shall not issue a grading permit for the project until it has reviewed and approved the
Public Works
final drainage plan and WQMP. Prior to issuance of building permits, the City shall ensure the
components of the drainage plan and WQMP BMPs have been installed.
City of Costa Mesa
Red Oak Investments, LLC
11-3
125 East Baker Street Apartment Project EIR
SCH No. 2013081051
_Q
I
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix
Table 11-1 Mitigation Monitoring and Reporting Program Matrix
Responsible
Agency/
Final EIR
February 2014
Mitigation Measure I Action Required Monitoring Phase �' Party Initial Date Comments
LAND USEIPLANNING
MM4.5.1 The applicant for the proposed project shall provide a written statement to each
Post Notice of Airport in
Prior to issuance
City of Costa
residential unit and resident, notifying them of potential annoyances associated with aircraft
Vicinity within residential
of occupancy
Mesa Planning
overflight and proximity to airport operations, including the following, with final form and
development area i
permit
Department
content to be reviewed and approved by the Economic and Development Services Director'
and City Attorney:
"NOTICE OF AIRPORT IN VICINITY:
This property is presently located in the vicinity of an airport, within what is known as an
airport influence area. For that reason, the property may be subject to some of the
annoyances or inconveniences associated with proximity to airport operations (for,
example, noise, vibration, or odors). Individual sensitivities to those annoyances, if any,
are associated with the property before your purchase and determine whether they are
acceptable to you.
POSTING OF NOTICE OF DISCLOSURE IN EACH RESIDENTIAL UNIT
Prior to offering the first residential unit for purchase, lease, or rent, the property owner or
developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous
location. Also, a copy of the Notice of Disclosure shall be included in all materials
distributed for the project, including but not limited to: the prospectus, informational
literature, and residential lease and rental agreements."
I
NOISE
MM4.6.1 Prior to issuance of a certificate of occupancy, the applicant shall prepare an
Prepare acoustical analysis
Prior to issuance
City of Costa
acoustical analysis ensuring that interior noise levels due to exterior noise sources will be at
of building permit
Mesa Planning
or below 45 dBA CNEL in all units. One or a combination of the following measures will be
Department
incorporated as necessary to ensure interior noise will be at or below 45 dBA CNEL:
a. Limit opening and penetrations on portions of buildings impacted by noise.
b. Apply noise insulation to walls, roofs, doors, windows, and other penetrations.
c. Install dual -paned windows. For some units, it may be necessary for the windows to be
able to remain closed to ensure that interior noise levels meet the interior standard of 45
dBA CNEL Consequently, a ventilation or air conditioning system would be required for
these units to provide a habitable interior environment with the windows closed.
125 East Baker Street Apartment Project E1R
SCH No. 2013081051
11-4
City of Costa Mesa
Red Oak Investments, LLC
Final EIR
February 2014
Table 11-1 Mitiaotion Monitoring and Reporting Program Matrix
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix
Miligdiion Measure
Action Required
Monitoring Phase
Responsible
Agencyl
Party
CorfipJ1d(#ceYf-aritication
I-
Indian
Rate
-.
Comments
MM4.6-2 For construction activities within 200 feet of existing commercial or industrial
Construction document
Prior to issuance
City of Costa
associated signing modifications and pavement legends at the Pullman Street/Baker Street
businesses, the construction contractor shall implement the following measures during
specifications
of building permit
Mesa Planning
intersection. Intersection design will incorporate the existing driveway that provides access to
construction:
Department
Department
the 150 Baker Street property per the City of Costa Mesa Design Guidelines and California
a. The construction contractor shall provide written notification to all commercial and
Manual on Uniform Traffic Control Devices. The applicant will install signal interconnect
industrial tenants at least three weeks prior to the start of construction activities within'
between Pullman Street/Baker Street traffic signal and existing traffic signals at the Baker
200 feet of the receptor informing them of the estimated start date and duration of
Street/Red Hill Avenue and Baker Street/SR 55 NB Ramps intersections. In conjunction with
daytime vibration -generating construction activities.
signalization, the project applicant will restdpe Baker Street to provide a dedicated eastbound
b. Stationary sources, such as temporary generators, shall be located as far from -off-site
and westbound left -tum lane, and a dedicated eastbound right -turn lane. Crosswalks and
receptors as possible.
ADA compliant ramps will be installed as required by the City.
c. Trucks shall be prohibited from idling along streets serving the construction site.
MM4.9-2 Red Hill Avenue/Baker Street Intersection.. Prior to issuance of a certificate of
TRANSPORTATIONITRAFFIC
MM4.9-1 Pullman Street/Baker Street Intersection. Prior tp issuance of a certificate of
Install traffic signal and
Prior to issuance
City of Costa
occupancy for the proposed project, the project applicant shall install a traffic signal and
associated signing
of occupancy
Mesa Public
associated signing modifications and pavement legends at the Pullman Street/Baker Street
modifications and pavement
permit
Works
intersection. Intersection design will incorporate the existing driveway that provides access to
legends at the Pullman
Department
the 150 Baker Street property per the City of Costa Mesa Design Guidelines and California
Street/Baker Street
Manual on Uniform Traffic Control Devices. The applicant will install signal interconnect
intersection
between Pullman Street/Baker Street traffic signal and existing traffic signals at the Baker
Street/Red Hill Avenue and Baker Street/SR 55 NB Ramps intersections. In conjunction with
signalization, the project applicant will restdpe Baker Street to provide a dedicated eastbound
and westbound left -tum lane, and a dedicated eastbound right -turn lane. Crosswalks and
ADA compliant ramps will be installed as required by the City.
MM4.9-2 Red Hill Avenue/Baker Street Intersection.. Prior to issuance of a certificate of
Implement planned
Prior to issuance
City of Costa
occupancy for the proposed project, the project applicant will implement the planned
improvements at
of occupancy
Mesa Public
improvements at this intersection as identified in the current City of Costa Mesa General
intersection as identified in
permit
Works
Plan, except the project applicant will provide a dedicated southbound right -tum lane, with
the current City of Costa
Department
overlap phasing, in lieu of the planned third southbound shared through/right-turn lane. The
Mesa General Plan, except
applicant will modify the existing traffic signal accordingly to current City of Costa Mesa
the project applicant will
Standards and Design Guidelines,
provide a dedicated
southbound right -turn lane,
with ovedap phasing, in lieu
of the planned third
southbound shared
through/right-tum lane
i
City of Costa Mesa 11-5 125 East Baker Street Apartment Project EIR
Red Oak Investments, LLC SCH No_ 2013081051
CHAPTER 11 Mitigation Monitoring and Reporting Program
SECTION 11.4 Mitigation Monitoring and Reporting Program Matrix
T..L.r.. „_, Ulflnnfinn Mnnitnrina and Renortina Prociram Matrix
Final EIR
February 2014
lUliNgalion Measure
Action Required
i
Monitoring Phase
Responsible
Agency/
Party
Compliance Verification
Initial
Date
Comments
MM4.9-3 Traffic Impact Fees. Prior to issuance of a certificate of occupancy for the proposed
the City's required traffic impact fee, based on the
Project applicant will pay
the City's required traffic
Prior to issuance
of occupancy
City of Costa
Mesa Planning
project, the project applicant will pay
project's net increase in trips. The precise fee required will be determined upon issuance of
impact fee, based on the
permit
Department
project building permits.
project's net increase in
trips
MN10 4.To ensure. adequate ight distance''is:provided at the.. project driveways, the -project
Project driveways and
;Prior to issuance
City of Costa
driveways and' landscaping andlor hardscape on north side of these driveways will fie
landscaping and/or
of occupancy
Mesa Public
designed such •that a drivers clear'Ime of sight is-.not�obstruct6d and..does notthreaten
hardscape on north side of :
permit
Works
vehicular or pedestrian safety; a§ determined by the Clty Traffic. Engineer The minimum
these driveways will be
Department
stopping sight: -,distance will be 300 feet; The following design recommendations will tie
designed such that a
'
implemented:
driver's clear line of sight is
not obstructed and does not
■ Install stop signs and stop bars at the proposed project driveways on Pullman Street
Mesa
threaten vehicular or
Install all appropriate striping, signage and/or pavement legends per City of Costa
pedestrian safety, as
standards/requirements.
determined by the City
■ All plants and shrubs within the limited use area. (see Figure 4.n [Line of Sight
,Traffic Engineer
Analysis]) will be of the type that will grow no higher than 30 inches above the curb or a
have a canopy no lower than 72 inches above curb.
■ The maximum tree size and minimum tree spacing in the limited use area will be limited
to 24 -inch caliper tree trunks (maximum size at maturity) spaced at 40 feet on center.
■ Subjectto review and approval by the City Traffic:Engineer; prohlbit.on-streetparking on
Pullman :Street between project driveways and ion the north slde:of;the primary project
.
drjveway;: and restripe Pullman Street to include a. dedicated: southbound' right -tum; lane
atthe primary, projedt'drnrevray. Il minimumatorige of,166 feetbe provided:.Curbside
P arking willbe restricted for a minimum of 200. feet,north_of the primary driveway Parking
will be restricted via ,installation of red'curb and appfopriate,parking restriction signs
125 East Baker Street Apartment Project EIR
SCH No. 2013081051
11-6
City of Costa Mesa
Red Oak Investments, LLC
ATTACHMENT 4
RESOLUTION NO. 14-49
A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GP -14-01, SUBJECT
TO APPROVAL OF THE FINAL GENERAL PLAN CYCLE RESOLUTION,
CHANGING THE LAND USE DESIGNATION FROM PUBLIC / INSTITUTIONAL TO
MEDIUM DENSITY RESIDENTIAL AND APPROVING A LOT LINE ADJUSTMENT
MOVING THE PROPERTY LINE 16 FEET TO THE NORTH TO INCLUDE A 1,009 -
SQUARE FOOT PORTION OF LAND TO 320 E. 18TH STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS: .
WHEREAS, the City Council of the City of Costa Mesa adopted the 2000
General Plan on January 22, 2002;
WHEREAS, the General Plan is a long-range, comprehensive document that
serves as a guide for the orderly development of the City of Costa Mesa.
WHEREAS, by its very nature, the General Plan is subject to update and revision
to account for current and future community needs.
WHEREAS, the proposed project involves the following actions and specific
entitlements:
1. Find that the Project is exempt from the provisions of the California
Environmental Quality Act (CEQA), under Section 15061(b)(3) - General Rule;
and
2. Adopt Resolution 14-49, to be read by title only and waive further reading, for
General Plan Amendment GP -14-01, pending approval as part of future
General Plan Cycle to change the land use designation of a 16 -foot by 63 -foot
strip of land (1,009 Sq. Ft) within an existing church site from Public /
Institutional to Medium Density Residential and approving Lot Line
Adjustment LL -14-03 to move the rear property line to the north by 16 feet
for future residential development; and
3. Give_ first reading to Ordinance No. 14-10, to be read by title only and waive
further reading, approving Rezone R-14-01, of a 16 -foot by 63 -foot strip of
Resolution No. 14-49 Page 1 of 7
Og -
land within an existing church site from I&R (Institutional and Recreational
District) to R2 -MD (Multiple Family Residential – Medium Density District).
WHEREAS, Susan McDowell, representing the property owners at 301 Magnolia
Street and 320 E. 18th Street, filed an application for the following entitlements as
described above;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on June 9, 2014, and the Planning Commission, on a 5-0 vote, recommended that the
City Council find the project exempt from further CEQA review under section 15061 (b)
(3) and approve General Plan Amendment GP -14-01, Rezone R-14-01 and Lot Line
Adjustment LL -14-03;
WHEREAS, a duly noticed public hearing was held by the City Council on July
15, 2014 with all persons having the opportunity to speak and be heard for and against
the proposal;
WHEREAS, the project has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental
procedures, and is deemed exempt from further review under Section 15061 (b) (3)
(General Rule) of the CEQA Guidelines, in that there is no possibility that adoption of
this General Plan Amendment will have a significant effect on the environment;
WHEREAS, the General Plan Amendment (GP -14-01) involves changing the
designation of a specific 1,009 -square foot site on the Land Use Map of the City of
Costa Mesa from Public / Institutional to Medium Density Residential (Exhibit A);
WHEREAS, the Rezone (R-14-01) involves a change of the zoning classification
of the subject property from Institutional and Recreational (I&R) District to Multiple
Family Residential, Medium Density (R2 -MD) District (Exhibit B);
WHEREAS, the lot line adjustment (LL -14-03) involves moving a property line to
the north 16 feet to acquire a 1,009 -square foot portion of the property at 301 Magnolia
Street for the property at 320 E. 18th Street in anticipation of a future residential
development; and
NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the
record, the CITY COUNCIL HEREBY ADOPTS General Plan Amendment GPA -14-01
which amends the 2000 General Plan Land Use Map of the City of Costa Mesa as set
Resolution No. 14-49 Page 2 of 7
-- ic)�5—
forth in Exhibit "A" which is attached to this Resolution and Rezone R-14-01, which
amends the Zoning Map of the City of Costa Mesa as set forth in Exhibit "B" with
respect to the property described above, subject to adoption of the Final General Plan
Cycle Resolution; and
BE IT FURTHER RESOLVED that the CITY COUNCIL approves Lot Line
Adjustment LL -14-03 based on the findings and conditions of approval contained in
Exhibit "C.
PASSED AND ADOPTED this 15th day of July, 2014.
James M. Righeimer
Mayor, City of Costa Mesa
ATTEST.
Brenda Green, City Clerk
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
Resolution No. 14-49 Page 3 of 7
10(p-
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. 14-49 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 15th day of July, 2014, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Genis, Leece, Monahan, Mensinger, Righeimer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of
Costa Mesa this 16th day of July, 2014.
Brenda Green, City Clerk
Resolution No. 14-49 Page 4 of 7
— (6q—
EXHIBIT A
Amendment to the Land Use Map
Change the land use designation of the 1,009 -square foot development site at 301
Magnolia Street from Public / Institutional to Medium Density Residential
Resolution No. 14-49 Page 5 of 7
�6
EXHIBIT B
Change to the Zoning Map
Change the zoning classification of the 1,009 -square foot development site at 301
Magnolia Street from Institutional and Recreational to Multiple Family Residential
- Medium Density
Resolution No. 14-49 Page 6 of 7
EXHIBIT C
FINDINGS
A. The proposed project complies with the Costa Mesa Municipal Code Section 13-
29 (g) (4) because:
Required Finding: the lot line adjustment and improvements are consistent with
the General Plan, the Zoning Code and any applicable specific plan.
Response: The proposed lot line adjustment and associated General Plan
amendment and Rezone for the 1,009 square -foot area would not have an
adverse effect in terms of increased density and will not increase the traffic
intensity of the existing use. The lot line adjustment would not create a
nonconforming Floor Area Ratio (FAR) for the church site which is designated
as Public / Institutional. The allowable FAR for properties with a designation
of Public / Institutional is a maximum of 0.25. The FAR for the Church site
after the lot line adjustment would be 0.17, which is consistent with the
General Plan.
B. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA) Guidelines, and the City environmental procedures, and has
been found to be exempt from further review from CEQA, pursuant to Section
15061 (b)(3)(General Rule).
C. The project is exempt for Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
CONDITIONS OF APPROVAL
Ping. 1. A copy of the recorded lot line adjustment shall be submitted to the
Planning Division prior to the issuance of building permits.
Eng 2. Submit two (2) copies of the lot line adjustment map, prepared by a
licensed engineer or surveyor to City of Costa Mesa Engineering Division
for checking.
Resolution No. 14-49 Page 7 of 7
ATTACHMENT 5
RESOLUTION NO. PC -14-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA
MESA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COSTA
MESA ADOPT GENERAL PLAN AMENDMENT GP -14-01 CHANGING THE
LAND USE DESIGNATION FROM PUBLIC / INSTITUTIONAL TO MEDIUM
DENSITY RESIDENTIAL; ADOPT AN ORDINANCE TO REZONE FROM
INSTITUTIONAL AND RECREATIONAL DISTRICT TO MULTIPLE -FAMILY
RESIDENTIAL, MEDIUM DENSITY DISTRICT; AND A LOT LINE ADJUSTMENT
MOVING THE PROPERTY LINE 16 FEET TO THE NORTH TO INCLUDE A
1,008 -SQUARE FOOT PORTION OF LAND AT 301 MAGNOLIA STREET.
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa adopted the 2000 General
Plan on January 22, 2002;
WHEREAS, the General Plan is a long-range, comprehensive document that
serves as a guide for the orderly development of the City of Costa Mesa.
WHEREAS, by its very nature, the General Plan is subject to update and revision
to account for current and future community needs.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Find
that the project is deemed exempt from further review under Section 15061 (b)(3) -
General Rule.
WHEREAS, Susan McDowell, representing the property owners at 301 Magnolia
Street and 320 E. 18th Street, filed an application requesting the following for the 1,008
square foot portion of land:
1. General Plan Amendment GP -14-01. Change the land use designation of the 1,008 -
square foot development site from Public / Institutional to Medium Density Residential;
2. Rezone R-14-01. A rezone (or change) of the zoning classification of the 1,008 -
square foot development site from Institutional and Recreational to Multiple Family
Residential — Medium Density (R2 -MD).
3. Lot Line Adjustment LL -14-03. Adjustment of the rear property line of 320 E. 18th
Street 16 feet to the north, to acquire a 1,008 -square foot portion of the property at
301 Magnolia Street.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on June 9, 2014, with all persons having the opportunity to speak and be heard for and
against the proposal.
WHEREAS, a site specific amendment to the General Plan Land Use Element is
proposed to change the land use designation of the 1,008 -square foot development site
from Public / Institutional to Medium Density Residential.
WHEREAS, the General Plan Amendment involves an amendment to the Land
Use Map of the City of Costa Mesa (Exhibit A);
WHEREAS, the Rezone (R-14-01) involves a change from Institutional and
Recreational (I&R) District to Multiple Family Residential, Medium Density (R2 -MD)
District (Exhibit B);
WHEREAS, the lot line adjustment involves moving a property line to the north 16
feet to acquire a 1,008 -square foot portion of the property at 301 Magnolia Street for the
property at 320 E. 18th Street in anticipation of a future residential development;
BE IT RESOLVED that, based on the evidence in the record, the Planning
Commission hereby RECOMMENDS THAT THE CITY COUNCIL ADOPT GP -14-01
which amends the 2000 General Plan Land Use Map of the City of Costa.Mesa as set
forth in Exhibit A which is attached to this Resolution.
BE IT. FURTHER RESOLVED, that the- Planning Commission hereby
RECOMMENDS THAT THE CITY COUNCIL ADOPT Rezone R-14-01, which amends
the Zoning Map of the City of Costa Mesa as set forth in Exhibit B. with respect to the
property described above.
BE IT FURTHER RESOLVED that the Planning Commission hereby
RECOMMENDS THAT THE CITY COUNCIL ADOPT Lot Line Adjustment LL -14-03
including findings and conditions of approval as set forth in Exhibit C.
PASSED AND ADOPTED this 9th day of June, 2014.
i Fitzpatrick, Chair
sta Mesa Planning Commission
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STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, CLAIRE FLYNN, Secretary to the Planning Commission of the City of Costa
Mesa, do hereby certify that the foregoing Resolution No. 14-31 was passed and adopted
at a meeting of the City of Costa Mesa Planning Commission held on June 9, 2014, by
the following votes:
AYES: Fitzpatrick, Dickson, McCarthy, Mathews, Sesler
NOES: None
ABSENT: None
ABSTAIN: None
Claire Fly , S:e:. retary
Costa M sa Planning Commission
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EXHIBIT A
Amendment to the Land Use Map
Change the land use designation of the 1,008 -square foot development site at 301
Magnolia Street from Public / Institutional to Medium Density Residential
vMM
EXHIBIT B
Change to the Zoning Map
Change the zoning classification of the 1,008 -square foot development site at 301
Magnolia Street from Institutional and Recreational to Multiple Family Residential
- Medium Density
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EXHIBIT C
FINDINGS
A. The proposed project complies with the Costa Mesa Municipal Code Section 13-
29 (g) (4) because:
Required Finding: the lot line adjustment and improvements are consistent with
the General Plan, the Zoning Code and any applicable specific plan.
Response: The proposed lot line adjustment and associated General Plan
amendment and Rezone for the 1,449 square -foot area would not have an
adverse effect in terms of increased density and will not increase the traffic
intensity of the existing use. The lot line adjustment would not create a
nonconforming Floor Area Ratio (FAR) for the church site which is designated
as Public / Institutional. The allowable FAR for properties with a designation of
Public / Institutional is a maximum of 0.25. The FAR for the Church site after
the lot line adjustment would be 0. 17, which is consistent with the General Plan.
B. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA) Guidelines, and the City environmental procedures, and has
been found to be exempt from further review from CEQA, pursuant to Section 15061
(b)(3)(General Rule).
C. The project is exempt for Chapter XII, Article 3, . Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
CONDITIONS OF APPROVAL
Ping. 1. A copy of the recorded lot line adjustment shall be submitted to the
Planning Division prior to the issuance of building permits.
2. An amendment_ to the Master Development Plan for the Lighthouse
Coastal Community Church shall be submitted for review that reflects the
current conditions.
Eng 3. Submit two (2) copies of the lot line adjustment map, prepared by a licensed
engineer or surveyor to City of Costa Mesa Engineering Division for
checking.
ATTACHMENT 6 -
The Environmental Impact Report (EIR) prepared for
GP -13-02 and its related entitlements can be found on
the City's Website at: -
http://www.costamesaca.gov/index.aspx?page=151
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