HomeMy WebLinkAbout04-10 - Approving Final Master Plan PA-02-11RESOLUTION NO. 04-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA APPROVING FINAL MASTER PLAN PA -02-11,
INCLUDING A MINOR MODIFICATION FOR A 2 -FOOT
ENCROACHMENT OF BALCONIES/PATIO AREAS INTO THE
STREET SETBACK ALONG BERNARD, AN APPLICATION
OF THE TENANT OPEN SPACE PARKING REDUCTION FOR
DOUBLE -CAR GARAGES WITHIN THE PARKING
STRUCTURES, AND AN ADDITIONAL FORTY (40)
RESIDENTIAL PARKING SPACES FOR THE 1901
NEWPORT PLAZA RESIDENCES PROJECT LOCATED AT
1901 NEWPORT BOULEVARD IN A PLANNED
DEVELOPMENT COMMERCIAL (PDC) ZONE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by David Eadie of Rutter Development,
authorized agent for property owner, Kennedy/Rutter Development Corporation, with
respect to the real property located at 1901 Newport Boulevard in the Commercial
Center land use designation, for the proposed construction of 145 residential
condominiums, a five -level parking structure, a two-level subterranean parking structure
(415 residential parking spaces/448 commercial parking spaces), and associated
amenities (e.g. swimming pool area, community meeting rooms); and
WHEREAS, the project has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental
procedures, and Final Environmental Impact Report (EIR) No. 1050 (SCH No.
2002061128) was prepared and available for public review from December 2, 2002
through January 24, 2003; and
WHEREAS, duly noticed public hearings were held by the Planning Commission
on December 9, 2002, January 13, 2003, and February 24, 2003 and by the City
Council on April 14, May 5, May 19, June 2, 2003 and January 20, 2004 by the City
Council to allow for public comment on the proposed project and Final EIR No. 1050
and with all persons having been given the opportunity to be heard both for and against
the proposed Final Master Plan (PA -02-11) and associated minor modification and
application of tenant open parking space reduction; and
WHEREAS, the Planning Commission recommended that City Council approve
Final Master Plan PA -02-11, a minor modification for balcony/patio encroachments into
the street setback, and the application of a parking reduction for tenant open parking by
variance, by adoption of Resolutions PC -03-17 and PC -03-18, respectively; and
WHEREAS, the City Council has determined that a reduction for tenant open
parking does not require a parking variance; and
WHEREAS, the City Council certified Final Program EIR No. 1050 by separate
resolution.
NOW THEREFORE, BE IT RESOLVED that based on the evidence in the record
and the findings contained in Exhibit "A", subject to the conditions contained in Exhibit
"B", and conformance with the Mitigation Measure Monitoring Program contained in
Exhibit "C", the City Council hereby APPROVES Planning Application PA -02-11, as
modified to be for 145 condominiums, including a minor modification for a two -foot
encroachment for balconies/patio areas located along Bernard, an application for a
reduction in tenant open parking requirements for double -car garages within the parking
structure, and provided that there shall be an additional 40 residential parking spaces,
resulting in a total of 415 residential parking spaces and 448 commercial parking
spaces, with respect to the property described above.
WHEREAS, on April 14, 2003, the City Council adopted Resolution No. 03-21
approving Planning Action PA -02-11, but that on June 2, 2003, the City Council granted
an application for rehearing the decision adopting that resolution and therefore, this
Resolution No. 04-10 replaces Resolution No. 03-21.
NOW THEREFORE, BE IT RESOLVED that the City Council does hereby find
and determine that adoption of this resolution is expressly predicated upon the activity
as described in the staff report for Final Master Plan PA -02-11 and upon applicant's
compliance with each and all of the conditions contained in Exhibit "B" and mitigation
measures contained in Exhibit "C". Any approval granted by this resolution shall be
subject to review, modification, or revocation if there is a material change that occurs in
the operation, or if the applicant fails to comply with any of the conditions of approval or
mitigation measures.
H
H
H
9
BE IT FURTHER RESOLVED that the approval of Final Master Plan PA -02-11, and
related actions, is final once all other related discretionary approvals (e.g. Final EIR No.
1050 certification, General Plan amendment GP -02-04 and Title 13 amendments) have
been obtained and become effective.
PASSED AND ADOPTED this 20th day of January, 2004.
ATTEST:
Deputy ity Clerk of the City of Costa Mesa
0
Mayor of the pity of Costa Mesa
APPROVED AS TO FORM:
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Julie Folcik, Deputy City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certifies that the above foregoing Resolution No. 04-10 was
duly and regularly passed and adopted by said City Council at a regular meeting thereof
held on the 20th day of January, 2004, by the following roll call vote:
AYES: Monahan, Cowan, Scheafer
NOES: Mansoor, Steel
ABSENT: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 22nd day of January, 2004.
Deputy ity Clerk and ex -officio Clerk of
the City Council of the City of Costa
Mesa
5
EXHIBIT "A"
FINDINGS
A. The information presented substantially complies with Costa Mesa Municipal Code.
The proposed project complies with Section 13-29(g)(5)(a) of the Costa Mesa
Municipal Code in that the proposed project, as conditioned, meets the broader goals
of the General Plan, as amended by GP -02-04, and Zoning Code, as amended, by
exhibiting excellence in design, site planning, integration of uses and structures and
protection of the integrity of neighboring residential and commercial development.
Specifically, the project is a mixed -used development that complements the existing
commercial uses at 1901 Newport Plaza in architectural and site design.
Chapter VI, Off -Street Parking Standards, of Title 13 of the Costa Mesa Municipal
B. Code describes a reduction in parking requirements for tenant open parking. Open
parking can be reduced by .25 space per unit for one bedroom and larger units if
tenant covered parking is provided within either a carport or parking structure.
Although a parking structure is defined as a parking space "located in a common
area with no walls or other physical separations between spaces, the intent of this
definition to qualify for a reduction in required parking is to ensure that the covered
parking provided in lieu of required tenant open parking is not obstructed and that the
parking spaces provided are used for vehicle parking only. The applicant proposes
to provide covered parking in an enclosed garage within the proposed parking
structure. A condition of approval requiring the recordation of Covenants,
Conditions, and Restrictions (CC&Rs) prior to issuance of a building permit shall
ensure that covered parking spaces in the enclosed garages are used for vehicle
parking and not for any other purpose that obstructs the parking area (i.e. storage).
In addition, the CC&Rs shall require that the Home Owner's Association conduct an
annual inspection of all garages to ensure that the garages are in fact being used for
parking vehicles and shall file a report with the City verifying the results of said
inspection. The condition of approval requiring these provisions to be included in the
CC&R's will ensure that the parking is used for parking vehicles and not for any
other purpose. Although the garage walls serve as physical separations, the CC&Rs
shall ensure that the required vehicle parking area in the garages are available for
parking. The CC&Rs shall also stipulate that residents who fail to comply with the
parking provisions shall have their garage doors removed. This condition satisfies
the qualification that the covered parking remains unobstructed and used for vehicle
parking only and results in a total of 375 residential parking spaces as required. The
City Council has required that an additional 40 residential parking spaces be
provided, for a total of 415 residential parking spaces.
C. The proposed project, as conditioned, complies with Costa Mesa Municipal Code
Section 13-29 (e) because:
a. The proposed development and use are compatible and harmonious with uses
both on-site as well as those on surrounding properties. Specifically, the project
will provide ownership housing opportunities. Since noise and other
environmental impacts related to the commercial development will be mitigated
to below a level of significance, the proposed residential development is
0
considered a complementary use to the existing commercial development.
b. Safety and compatibility of the design of the buildings, parking areas,
landscaping, luminaries, and other site features including functional aspects of
the site development such as automobile and pedestrian circulation have been
considered. Specifically, the proposed project provides separate driveways and
parking areas for commercial and residential traffic.
c. The project is consistent with the General Plan, as amended by GP -02-04, and
the City of Costa Mesa Redevelopment Plan.
d. The planning application is for a project -specific case and does not establish a
precedent for future development.
D. The design of the residential component of the proposed project, as conditioned,
complies with all applicable Residential Design Guidelines adopted by the City of
Costa Mesa in that:
a. Consideration is given to the effect of the proposed condominiums on the light,
air, and privacy of adjacent properties.
b. Building facades and projections add interest and variety to the streetscape
along Bernard and Harbor Boulevard.
C. Street -facing elevations incorporate enhanced detailing and varied use of
building materials.
d. Variation in roof orientation and pitch provide visual interest.
e. Architectural projections provide visual focus and emphasize design of
entryways and windows.
E. Approval of the proposed project will allow development of additional ownership
housing, consistent with the goals, objectives, policies, and programs specified in the
General Plan.
F. The development of the property will not unreasonably interfere with the free and
complete exercise of the public entity and/or public utility rights-of-way and/or
easements within the property.
G. The proposed project complies with Costa Mesa Municipal Code Section 13-29 (g)(6)
for a minor modification for a two -foot encroachment of balconies/private patio areas
into the perimeter open space setback along Bernard because:
a. The improvement will not materially detrimental to the health, safety and
general welfare of persons residing or working within the immediate vicinity of
the project or to property and improvements within the neighborhood.
b. The improvement is compatible and enhances the architecture and design
of the existing and anticipated development in the vicinity. This includes the site
planning, land coverage, landscaping, appearance, scale of structures, open
space and any other applicable features relative to a compatible and attractive
development.
H. Final Environmental Impact Report (EIR) No. 1050 was prepared, pursuant to the
California Environmental Quality Act. Although the proposed project could have a
significant effect on the environment, according to the Final EIR, which reflects the
independent judgment of the City of Costa Mesa, mitigation measures have been
N
added to the project that minimize anticipated impacts to a level of insignificance
where possible. In conjunction with approval of GP -02-04, the Statement of
Overriding Considerations was adopted which describes benefits to the proposed
project as a justification for the short-term construction -related air quality impacts
identified in Final EIR No. 1050.
The project, as conditioned, is consistent with Chapter IX, Article 11, Transportation
System Management, of Title 13, of the Costa Mesa Municipal Code in that the
development project's traffic impacts will be mitigated by the payment of traffic
impact fees.
J. Provisions for on-site fire hydrants and fully developed sprinklered systems in
proposed parking structures meet fire safety requirements for the project.
N
EXHIBIT "B"
CONDITIONS OF APPROVAL
Ping. 1.
The project shall comply with the project design features, conditions,
and mitigation measures of Final Environmental Impact Report No. 1050
prepared for this project, as listed in the attached Mitigation Measure
Monitoring Program.
2.
The approval of the Final Master Plan (PA -02-11), minor modification for
two -foot balcony encroachment shall be granted once all necessary
approvals (e.g. certification of Final EIR No. 1050, approval of General
Plan GP -02-04 and Title 13 amendments, Amendment to the 1999-2004
Implementation Plan, Inclusionary Housing Plan) become effective.
3.
The conditions of approval and ordinance or code provisions of Planning
Application PA -02-11 shall be blueprinted on the face of the site plan.
4.
Applicant shall request address assignment 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.
5.
The east commercial driveway located on Bernard shall shall be closed to
all nonemergency vehicle traffic and shall be accessible to emergency
vehicles through a Knox Box, or other method deemed appropriate by the
Planning Division.
6.
Prior to issuance of building permit, the applicant shall provide proof of
recordation of the Final Tract Map. One copy of the Final Map shall be
provided to the Planning Division and Engineering Division.
7.
Prior to issuance of building permits, the applicant shall provide a
directional signage plan showing how visitors (residential and commercial)
will be directed to appropriate driveways. In addition, the applicant shall
install signage at all gated entrances at Bernard indicating that all visitor
and non-residential access is from 19th Street.
8.
Prior to issuance of building permits, the applicant shall provide the
Conditions, Covenants, and Restrictions (CC&Rs) to the Planning Division
and City Attorney's office for review. The CC&Rs must be in a form and
substance acceptable to, and shall be approved by, the Planning Division
and City Attorney's office. The CC&Rs shall contain provisions that
effectively implement the parking -related provisions related to the
following: (1) require that the homeowner's association (HOA) require
homeowners to maintain a 20' x 20' unobstructed area in the enclosed
garages to allow parking of two vehicles instead of any other purpose (i.e.
storage), (2) require that the HOA implement and maintain a garage
inspection program, a guest permit program (e.g. one guest permit per
household) or other effective means to reduce the number of residents
parking in guest parking, (3) require that the HOA prepare an annual
report regarding the garage inspection program to be filed with the City,
(4) require that the HOA contract with a towing service to enforce the
parking regulations and (5) require that the HOA remove the garage doors
of a residential unit in the event any resident fails to comply with the
9
parking regulations regarding the unobstruction of a 20' x 20' inside the
garages for vehicle parking. Any subsequent revisions to the CC&Rs
related to these parking provisions must be reviewed and approved by the
City Attorney's office before they become effective.
9. Light standards located on the fifth level of the parking structure shall not
extend more than six feet above the parapet of the fifth level, or roof.
10. The applicant is required to disclose commercial uses at 1901 Newport
Plaza, including all night-time activities, to all prospective buyers. This
notice shall be reviewed and approved by the Planning Division and City
Attorney's office.
11. Prior to issuance of building permits, applicant shall contact the US Postal
Service with regard to location and design of mail delivery facilities. Such
facilities shall be shown on the site plan, landscape plan, and/or floor plan.
12. Applicant shall contact the Planning Division to arrange a Planning
inspection of the site prior to the release of utilities. This inspection is to
confirm that the conditions of approval and code requirements have been
satisfied.
13. Applicant shall provide proof of establishment of a homeowners
association prior to release of any utilities.
14. Applicant shall contact AT&T Broadband at 200 Paularino, Costa Mesa,
(888.255.5789) prior to issuance of building permits to arrange for pre -
wiring for future cable communication service.
15. There shall be no nighttime lighting, except for security purposes, of
common outdoor recreational areas. Any lighting under the control of
the applicant shall be directed in such a manner so as to not
unreasonably interfere with the quiet enjoyment of nearby residences.
16. Pursuant to Section 33413(b), et seq. and other applicable provisions of
the California Community Redevelopment Law, Health & Safety Code
Section 33000, et seq., ("Inclusionary Housing") Developer shall enter into
an Affordable Housing Agreement with the Costa Mesa Redevelopment
Agency in a form acceptable to the City Attorney to ensure Developer's
compliance with and fulfillment of the Inclusionary Housing obligation
created and triggered by this Project. Under Alternative C, the
Inclusionary Housing obligation for this Project is a total of twelve (12)
Inclusionary Housing units comprised of seven (7) units Low or Moderate
Income Inclusionary Housing units and five (5) Very Low Income
Inclusionary Housing units. The Affordable Housing Agreement must be
in a form and substance acceptable to, and shall be approved by, the
Costa Mesa Redevelopment Agency, Agency Executive Director, and City
Attorney, and signed by duly authorized officers of the Developer entity,
prior to issuance of a the first building permit for the Project.
Pursuant to the Affordable Housing Agreement, as and if approved, (for
the Alternative C Project) Developer shall be obligated to design,
construct, complete and sell to qualified, eligible Low or Moderate Income
Homebuyers seven (7) of the Housing Units in the Project as Inclusionary
Housing units. Further, Developer shall cause each such Homebuyer to
enter into a Homebuyer Loan Agreement, including an Affordable Housing
10
Resale Restriction, substantially in the form attached and included in the
Affordable Housing Agreement, which will provide the Homebuyer
Assistance Loan and restrict and covenant each such unit as an
Inclusionary Housing unit for not less than 45 years as owner -occupied
Low or Moderate Income housing available at an Affordable Housing Cost.
Developer shall market and fully inform and disclose its obligation to
provide the seven (7) Low or Moderate Income Inclusionary Housing units
and each prospective homebuyer for such units shall be provided a true
and complete copy of the form of the Homebuyer Loan Agreement and
Affordable Housing Resale Restriction, and all attachments thereto, and
be provided one-on-one housing counseling by Developer concerning
their potential purchase of such Inclusionary Housing unit. The form of
Developer's purchase and sale agreement for prospective buyers of the
Low or Moderate Income Inclusionary Housing units, including
Developer's disclosure documents, shall be provided to the Agency's
Executive Director and the City Attorney for review and approval prior to
the issuance of the first building permit.
After Developer's completion and sale of the seven (7) Low or Moderate
Income Inclusionary Housing units to qualified Homebuyers each pursuant
to a Homebuyer Loan Agreement, including an Affordable Housing Resale
Restriction, pursuant to the Affordable Housing Agreement and subject to
specific conditions precedent and provisions therein, Developer's
obligation to provide the remaining five (5) Very Low Income Inclusionary
Housing units will be assumed by the Redevelopment Agency as provided
and pursuant to the Affordable Housing Agreement. Developer shall have
entered into purchase and sale agreements and performed its obligation
to sell seven (7) of the Housing Units in the Project to -qualified -Low or-
Moderate Income Homebuyers pursuant to the Affordable Housing
Agreement (and the Homebuyer Loan Agreements including an Affordable
Housing Resale Restrictions) and shall have closed or be ready to close
escrow for each and all of the seven (7) such Inclusionary Housing units to
the satisfaction of the Agency's Executive Director prior to the issuance of
a certificate of occupancy for any of the forty-four (44) dwelling units in
Building Complex 4 (Phase Four), as identified in the Final Master Plan.
In the event Developer fails to fulfill its obligation under the Affordable
Housing Agreement to provide the seven (7) Low or Moderate Income
Inclusionary Housing units on -Site in the Project to the satisfaction of the
Development Services Director and pursuant to the Affordable Housing
Agreement, then Developer shall remain and continue to be responsible
for the entire Inclusionary Housing obligation triggered by this Project, as
follows: (i) six percent (6%) of the number of condominium units located in
the area of the Site known to be within the Added Area of the Agency's
Project Area shall be sold at an Affordable Housing Cost to Very Low
Income Households or such Very Low Income Inclusionary Housing
(either rental or for -sale units) shall be provided by Developer at other
location(s) in the Project Area or City pursuant the all applicable
11
Inclusionary Housing laws, and (ii) an additional nine percent (9%) of the
number condominium units in such Added Area of the Site shall be sold at
an Affordable Housing Cost to Low or Moderate Income Households or
such Low or Moderate Income Inclusionary Housing (either rental or for -
sale units) shall be provided by Developer at other location(s) in the
Project Area or City. When these Inclusionary Housing statutory
percentage requirements are applied to the portion of Alternative C Project
in the Added Area, such development will trigger creation and long term
covenanting of twelve (12) Inclusionary Housing units, seven (7) Low or
Moderate Income Inclusionary Housing units and five (5) Very Low
Income Inclusionary Housing units. In such event, Developer shall be
obligated to enter into one or more agreements with the City and Agency
implementing Developer's obligation to provide all Inclusionary Housing
created and triggered by the Project at Developer's sole cost and
expense.
No certificate of occupancy for Building Complex 4 (Phase Four), as
identified in the Final Master Plan, shall be issued by the City's building
official unless and until either (i) all terms and provisions of the Affordable
Housing Agreement, including sale and close of escrow for all seven (7)
Low or Moderate Income Inclusionary Housing units on -Site and in the
Project are satisfied by Developer as provided therein, or (ii) Developer
and City and Agency have entered into a separate agreement (due to
Developer's non -fulfillment of the Affordable Housing Agreement) for
Developer to fully provide, and Developer shall have fulfilled its obligation
to bring online in the City, all Inclusionary Housing units triggered and
created by the Project pursuant to all applicable laws and regulations at
Developer's sole cost and expense and prior to issuance of any certificate
of occupancy for Phase Four.
In the event Developer is obligated to fulfill and fulfills its Inclusionary
Housing obligation off -Site and outside the boundaries of the Agency's
Project Area, Developer is obligated by law to provide, complete and bring
online twice the number of Inclusionary Housing units than if located within
the Project Area. If Alternative C is the approved Project, then in such
instance Developer will be obligated to provide twenty-four (24)
Inclusionary Housing units within the jurisdiction of the City of Costa Mesa.
Of these 24 Very -Low Income Inclusionary Housing and the remaining
fourteen (14) units must be Low or Moderate Income Inclusionary Housing
all available at an Affordable Housing Cost and covenanted as such for
not less than 45 years if owner -occupied housing and not less than 55
years if rental housing pursuant in compliance with all applicable
Inclusionary Housing laws and regulations.
17A. 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
12
13
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.
17B.
Prior to the second reading of Ordinance No. 04-2 amending Title 13 of
the Costa Mesa Municipal Code as sought by Developer for this project,
the Developer shall submit to the City full payment of any unpaid
amounts owed to the City's environmental consultant, Bonterra
Consulting, Inc., for preparing the EIR and attending meetings.
17C.
The Final Master Plan approval (Resolution No. 04-10) shall become
null and void if the Developer does not cause a dismissal with prejudice
of the pending action entitled Rutter Development Corporation v. City
Council of the City of Costa Mesa et al., No. 03CC09792 to be filed with
the Orange County Superior Court within 105 days after Ordinance No.
04-2 goes into effect. The City may extend this time period at its sole
discretion.
Eng. 18.
Applicant shall 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.
19.
Applicant shall obtain a permit from the Engineering Division, at the time of
development and then remove any existing driveways and/or curb
depressions that will not be used and replace with full height curb and
sidewalk at applicant's expense.
20.
Applicant shall fulfill drainage ordinance fee requirements prior to approval
of the plans.
21.
Private on-site drainage facilities and parkway culverts or drains will not be
maintained by the City of Costa Mesa; they shall be maintained by the
owner or developer of the property, Private lateral connections to City
storm drains will require a hold harmless agreement prior to issuance of
permit.
22.
Applicant shall ensure that the project is compliant with the American
Disability Act (ADA) for the entire property frontage within the public right-
of-way.
23.
The project shall be designed to drain directly into the existing storm drain
within Harbor Boulevard. Applicant shall furnish a storm run-off study
showing the proposed and existing facilities and the method of draining
this area and tributary areas without exceeding the drainage capacity of
any street or drainage facility.
Pub. 24.
The applicant shall ensure that street setback landscape areas adjacent to
Svcs.
Harbor Boulevard and Bernard be bermed a minimum 18" in height. The
setback area shall maximize the landscape area in order to minimize the
runoff to the public system. The runoff from all parking areas shall be
directed to a landscape area to provide groundwater recharge and
13
14
pollutant removal during dry periods and lower duration storms. All
landscape areas shall retain the irrigation water and lower duration storms
within their boundaries. The City Engineer recommends the use of
evapotransportation irrigation equipment to minimize the irrigation water
use and irrigation runoff.
Transp. 25.
Applicant shall fulfill mitigation of off-site traffic impacts at the time of
issuance of Certificate of Occupancy by submitting to the Planning
Division the required Traffic Impact Fee pursuant to the prevailing
schedule of charges adopted by City Council. The Traffic Impact Fee is
calculated based upon the average daily trip generation rate for the
proposed project and includes a reduction for any previously existing use.
At the current rate, the Traffic Impact Fee is estimated at $177 per
average daily trip. Refer to the Traffic Study for the average daily trip
generation amount for the proposed project. Note: The Traffic Impact Fee
will be required at the time of issuance of Certificate of Occupancy based
upon any changes in the prevailing schedule of charges adopted by City
Council and in effect at that time.
26.
Prior to issuance of building permits, the gate design in the main aisle from
19th Street shall be redesigned by the applicant. Applicant shall submit a
revised site plan to eliminate the gate swinging toward approaching
vehicles. This plan shall also include a center island to separate the two
opposing swinging gates and related traffic flow.
27.
Prior to issuance of building permits, the applicant shall provide a plan for
gated access to residential parking from the center drive aisle entrance on
Bernard Street (opposite Parsons Street) in the same and equal manner
as the gated control located in the main drive aisle from 19th Street to
prevent unauthorized use of Bernard Street access.
28.
Prior to issuance of building permits, the applicant shall submit to the
Transportation Services Division the detailed operation of all gates
(residential and commercial). This gate plan shall also include how
visitors will gain access to residential visitor parking. The site plan shall
indicate sufficient drive aisle width at the gated entrance in the main aisle
from 19th Street to allow for visitor call box or other method of contact with
residents while not obstructing the residents' personal access.
29.
Applicant shall revise the site plan to provide a vehicle turnaround area
immediately prior to the gate in the main drive aisle from 19th Street that
serves the residential units for those unable to gain access.
30.
Prior to issuance of building permits, applicant shall deposit the sum of
$150,000, in cash, bond, or other security as approved by the City's
Finance Director and approved as to form by the City Attorney, for the cost
of a traffic signal at Harbor Boulevard/Bernard. The Transportation
Services Division shall monitor the intersection for traffic signal warrants
on an annual basis for a period of five years. This monitoring period shall
commence when the final certificate of occupancy for the last constructed
condominium is issued. If a traffic signal is warranted, these funds shall
provide for a traffic signal at this location. If a traffic signal is not
warranted, the $150,000 shall be returned to the applicant at the end of
the five year period.
14
Police 31. A list of security recommendations has been provided by the Police
Department for the applicant's consideration. Applicant shall work with the
Police Department to implement recommendations where possible.
Fire 32. Applicant shall provide water mains and hydrants in accordance with the
standards of the Mesa Consolidated Water District and dedicated along
with repair easements to that agency.
33. Applicants shall install two Class A fire hydrants to be located along the
alley abutting the western property line and one Class A fire hydrant
along Bernard to the satisfaction of the Fire Marshal.
34. Applicant shall provide approved smoke detectors to be installed in
accordance with the 2002 Edition of the Uniform Fire Code,
35. Applicant shall provide an automatic fire sprinkler system according to
NFPA 13.
36. Applicant shall provide a firefighting standpipe outlet in the proposed
courtyard area to the satisfaction of the Fire Marshal.
37. Applicant shall obtain approval from the Fire Department for the proposed
wrought iron fence openings along the western property line to ensure that
fire department access gates are located at specific intervals with Fire
Department Knox Boxes to the satisfaction of the Fire Marshal.
15
CODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City" pertains to the
City of Costa Mesa.
Ping. 1.
All contractors and subcontractors must have valid business licenses to do
business in the City of Costa Mesa. Final inspections, final occupancy and
utility releases will not be granted until all such licenses have been obtained.
2.
Approval of the planning application is valid for one (1) year and will expire
at the end of that period unless building permits are obtained and
construction commences or the applicant applies for and is granted an
extension of time.
3.
Permits shall be obtained for all signs according to the provisions of the
Costa Mesa Sign Ordinance.
4.
Street address shall be displayed on the fascia adjacent to the main
entrance or front door in a manner visible from the public street, and on the
building face/wall/fence visible to the public alley, if applicable. Numerals
shall be a minimum 6" in height with not less than ''/2' stroke and shall
contrast sharply with the background.
6.
Pay Park fee prior to submittal of the final Tract Map to City Council.
Applicable fee shall be that fee in effect at the time the final map is approved
by the City Council.
7.
All garages shall be provided with automatic garage door openers.
8.
Included in the required CC&Rs shall be a provision that will permit the
installation of solar heating systems, subject to applicable zoning district
requirements, the Uniform Building Code, and associated ordinances, and
reasonable architectural review by the project's architectural review
committee.
9.
The CC&Rs shall include a provision as to use and maintenance of all guest
parking spaces, driveways and common open space.
10.
CC&Rs and articles of incorporation and bylaws for the homeowners'
association shall be reviewed and approved by both the Planning Division
and the City Attorney, and the Department of Real Estate (DRE) prior to
recordation. CC&Rs shall include provisions as required in Costa Mesa
Municipal Code section 13-41, as well as applicable conditions of approval
and code requirements. Applicant shall provide the Planning Division proof
of review and approval of the CC&Rs by the DRE prior to recordation. A
copy of the recorded CC&Rs shall be submitted to the Planning Division
prior to the release of utilities for the units.
11.
On-site parking shall be in assigned spaces only. The CC&Rs shall contain
restrictions prohibiting parking in front of garage doors for the
condominiums.
12.
All on-site utility services shall be installed underground.
13.
Installation of all utility meters shall be performed in a manner so as to
obscure the installation from view from any place on or off the property. The
installation shall be in a manner acceptable to the public utility and shall be
in the form of a vault, wall cabinet, or wall box under the direction of the
16
17
Planning Division.
14.
Any mechanical equipment such as air-conditioning equipment and
ductwork shall be screened from view in a manner approved by the
Planning Division.
15.
Any type of equipment including, but not limited to backflow preventers,
transformers, or other utility cabinets, shall be prohibited within the 20 -foot
deep landscaped setback along Harbor Boulevard and Bernard. Irrigation
backflow preventers may be placed within this setback area but shall be
screened from view under the direction of the Planning Division.
16.
Four (4) sets of detailed landscape and irrigation plans shall be required as
part of the project plan check review and approval process. Three (3) sets
shall be provided to the representative water agency and one (1) set shall
be submitted to the Planning Division for review. Plans shall be approved
by the water agency with two (2) approved sets forwarded by the applicant
to the Planning Division for final approval prior to issuance of building
permits.
17.
Two (2) sets of landscape and irrigation plans, approved by both the water
agency and the Planning Division shall be attached to two of the final
building plan sets.
18.
Landscape and irrigation plans shall meet the requirements set forth in
Costa Mesa Municipal Code Sections 13-101 through 13-108 as well as
irrigation requirements set forth by the water agency. Consult with the
representative water agency Mesa Consolidated Water District, Chris Blank
- (949) 631-1291 for requirements.
19.
Landscaping and irrigation shall be installed in accordance with the
approved plans prior to final inspection or occupancy clearance.
20.
All landscaped areas shall be separated from paved vehicular areas by 6"
high continuous Portland Cement Concrete curbing.
21.
Street setback landscape areas adjacent to Harbor Boulevard and Bernard
shall be bermed a minimum 18" in height.
22.
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.
23.
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.
24.
A minimum of 42% of the open space throughout the condominium portion
of the project shall be provided in common open space.
25.
Chain link fence visible from a public street or residential property is
prohibited.
Bldg. 26.
Applicant shall comply with the requirements of the Uniform Building Code
as to design and construction and CCR Title 24 pertaining to "Disabled
Access Regulations",
27.
Prior to or concurrent with submittal of plans for building plan check
applicant shall prepare and submit documentation for compliance with the
State Water Resources Control Board (SWRCB) Water Quality Order 99-
17
131
08-DWQ; National Pollutant Discharge Elimination System (NPDES) Permit
No. CAS000002 for Storm Water Discharges Associated with construction
activity (General Permit); the California Regional Water Quality Control
Board (RWQCB) Santa Ana Region Order No. R8-2002-0010 and NPDES
Permit No. CAS618030; and, the City of Costa Mesa Ordinance No. 97-20
for compliance with NPDES Permit for the City of Costa Mesa. Such
documentation shall include a Storm Water Pollution Prevention Plan if over
5 acres if submitted prior to March 10, 2003 and a Water Quality
Management Plan (WQMP) identifying and detailing the implementation of
the applicable Best Management Practices (BMPs).
28.
Applicant shall comply with the requirements of the California Code of
Regulations, Title 24, also known as the California Building Standards Code,
as amended by the City of Costa Mesa.
29.
Applicant shall contact the Air Quality Management District (AQMD) at (800)
288-7664 for potential additional conditions of development or for additional
permits required by AQMD.
30.
Applicant shall comply with requirements of the California Department of
Food and Agricultural (CDFA) to determine if red imported fire ants exist on
the property prior to any soil movement or excavation. Call CDFA at (714)
708-1910 for information.
31.
Applicant shall submit soils report, grading and drainage plans for this
project with submission of building plans for plan check.
Parks & 32.
Street trees in the front setback shall meet with the approval of the parks
Pkwys.
and parkways division. Street trees shall be Pyrus Calleryana Aristocrats
along Harbor Boulevard and Bernard, spaced at 30' on center.
Eng. 33.
At the time of development submit for approval an off-site plan to the
Engineering Division and grading plan to the Building Division that shows
sewer, water, existing parkway improvements and the limits of work on the
site, and hydrology calculations, both prepared by a civil engineer or
architect. 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 to the Engineering Division. An approved offsite plan and
fee shall be required prior to engineering/utility permits being issued by the
City.
34.
A construction access permit and deposit of $1,000.00 for street sweeping
will be required by the Engineering Division prior to the start of any on- or
off-site work.
35.
Haul routes must be approved by the Engineering Division, prior to approval
of the construction access permit.
36.
Submit required cash deposit or surety bond to guarantee construction of
offsite street improvements at time of permit per Costa Mesa Municipal
Code Section 15-32, and as approved by City engineer. Cash deposit or
surety bond amount to be determined by the City engineer.
37.
Obtain a permit from the Engineering Division, at the time of development
and then construct P.C.0 commercial sidewalk per City of Costa Mesa
standards.
38.
Obtain a permit from the Engineering Division at the time of development
and then construct P.C.C. driveway approach per City of Costa Mesa
131
The requirements of the following special districts are hereby forwarded to the applicant:
Sani. 1. Applicant shall be required to construct sewers to serve this project, at
his own expense, meeting the approval of the Costa Mesa Sanitary
District.
2. Orange County Sanitation District fees, fixture fees, inspection fees,
and sewer permit required prior to issuance of building permits. To
receive reduction for buildings to be demolished, call (714) 754-5307
I
standards as shown on the off-site plan. Location and dimensions are
subject to the approval of the Transportation Services Manager. A.D.A.
compliance is required for all new driveway approaches.
39.
Obtain a permit from the Engineering Division, at the time of development
and then remove any existing driveways and/or curb depressions that will
not be used and replace with full height curb and sidewalk at applicant's
expense.
40.
Submit seven copies and one duplicate mylar of recorded map or signed
plan to Engineering Division, prior to occupancy.
41.
Fulfill drainage ordinance fee requirements prior to approval of final map.
42.
Private on-site drainage facilities and parkway culverts or drains will not be
maintained by the City of Costa Mesa; they shall be maintained by the
owner or developer of the property. Private lateral connections to City storm
drains will require a hold harmless agreement prior to issuance of permit.
43.
Prior to recordation of a final map, the surveyor/engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System
established by the county surveyor in a manner described in Sections 7-9-
330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18.
44.
Prior to recordation of a final map, the surveyor/engineer preparing the map
shall submit to the county surveyor a digital -graphics file of said map in a
manner described in sections 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
45.
Submit the WQMP, including the BMP maintenance schedule, showing the
method of removing all pollutants prior to entering the public storm drain
system.
47.
Submit striping and traffic control plan for evaluation of traffic circulation
within project site.
Fire 48.
Provide an automatic fire sprinkler system according to NFPA 13.
49.
Any required shall be installed and operable prior to the initiation of
combustible construction.
50.
Water improvement plans shall be approved by the fire department.
51.
Provide approved smoke detectors to be installed in accordance with the
1991 Edition of the Uniform Fire Code.
52.
A Fire Department permit for hazardous materials (if pool chemicals stored
are over 55 gallons) is required.
53.
Provide "blue dot" reflective markers for all on-site fire hydrants.
SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special districts are hereby forwarded to the applicant:
Sani. 1. Applicant shall be required to construct sewers to serve this project, at
his own expense, meeting the approval of the Costa Mesa Sanitary
District.
2. Orange County Sanitation District fees, fixture fees, inspection fees,
and sewer permit required prior to issuance of building permits. To
receive reduction for buildings to be demolished, call (714) 754-5307
I
20
for inspection.
4.
Applicant shall submit a plan showing sewer improvements that meets
with the District Engineer's approval to the Building Division as a part
of the plans submitted for plan check.
5.
Applicant shall contact the Costa Mesa Sanitary District at
714.754.5043 to pay trash collection program fees and arrange for
service for all new residences using curbside services. Residences
using bin or dumpster service are exempt from this requirement.
School 6.
Pay applicable Newport Mesa Unified School District fees to the
Building Division prior to issuance of building permits.
CFDA 7.
Comply with the requirements of the California Department of Food
and Agriculture (CDFA) to determine if red imported fire ants exist on
the property prior to any soil movement or excavation. Call CDFA at
714.708.1910 for information.
20
Exhibit C
Mitigation Measure Monitoring Program
PLAZA RESIDENCES
MITIGATION MONITORING PROGRAM
FOR FINAL
ENVIRONMENTAL IMPACT REPORT NO. 1050
SCH No. 2002061128
Lead Agency:
City of Costa Mesa
Development Services Department
77 Fair Drive
P.O. Box 1200
Costa Mesa, California 92628-1200
(714)754-5610
Contact: R. Michael Robinson, AICP
Prepared by:
BonTerra Consulting
151 Kalmus Drive, Suite E-200
Costa Mesa, California 92626
(714) 444-9199
Contact: Dana C. Privitt, AICP
J '^ 2003
a
Plaza Residences Final EIR No. 1050
TABLE OF CONTENTS
Section Paae
1 INTRODUCTION ................................................. 1-1
2 PROJECT MANAGEMENT ......................................... 2-1
2.1 Responsibilities ............................................ 2-1
2.2 General Procedures ......................................... 2-1
3 MITIGATION MONITORING MATRIX ................................. 3-1
LIST OF TABLES
Table Page
1 Mitigation Monitoring Program ....................................... 3-2
R Wrojects�costa\J00 MMP intro -072303 wod i Table of Contents
Plaza Residences Final EIR No. 1050
SECTION 1
INTRODUCTION
Section 21081.6 to the State of California Public Resources Code requires a Lead or Responsible
Agency that approves or carries out a project where an environmental impact report (EIR) has
identified significant environmental effects to adopt a "reporting or monitoring program for adopted
or required changes to mitigate or avoid significant environmental effects." The City of Costa
Mesa, Development Services Department is the Lead Agency for the Plaza Residences EIR and,
therefore, is responsible for implementation of the mitigation monitoring program. Final EIR
No. 1050 has been prepared for the Plaza Residences project which addressed the potential
environmental impacts and, where appropriate, recommended measures to mitigate these impacts.
As such, a mitigation measure reporting and monitoring program is required for the EIR to ensure
that all relevant mitigation measures that have been adopted are implemented.
Section 2 describes the roles of responsible parties in implementing and monitoring the adopted
mitigation measures, and generally describes the program procedures.
Table 1 in Section 3 includes the list of mitigation measures and identifies the timing of the
implementation or verification of each measure, the method of verification, and the party
responsible for verifying that the measure is complete. The City and/or project applicant are
responsible for the implementation of each measure, and the City representative is responsible for
verifying that the measure has been satisfactorily completed, and/or written evidence submitted to
the City, which verifies that the measure has been satisfactorily completed.
R'\PF0JWs\C0StaW009IMMP Intro -072303. wpd 1-1
SECTION 2
PROJECT MANAGEMENT
2.1 RESPONSIBILITIES
Plaza Residences Final EIR No. 1050
The mitigation monitoring plan (MMP) for the Plaza Residences project will be in place through
construction of the project or until all mitigation measures are implemented. The City of Costa
Mesa Development Services Department is the Lead Agency for the project. If required, the City
will be responsible for designating another responsible agency to take responsibility for
implementation of portions of the MMP, if and when appropriate.
The primary City of Costa Mesa personnel responsible for verifying compliance with the mitigation
measures listed within Section 3, is the Development Services Department including having the
primary role of coordinating the compliance verifications of all other parties. These parties, or
designated assignees, are responsible for ensuring that the mitigation measures are completed,
and are vested with the authority to act accordingly.
2.2 GENERAL PROCEDURES
The Planning and Redevelopment Manager, Development Services Department, or designated
assignee will be responsible for the overall management of the MMP. Assignments of responsibility
are included in Section 3.
The above -noted designated "monitor" shall oversee elements of the MMP and review compliance
through the use of procedures developed by the Planning and Redevelopment Manager,
Development Services Department. The designated monitor shall ensure compliance with the
adopted mitigation measure and ensure proper action is taken on each measure. If it is found that
an adopted mitigation measure is not being properly implemented, the Planning and
Redevelopment Manager, Development Services Department shall require corrective actions to
ensure adequate implementation.
R.\ProledMCastaW006\MMP Inlet -0]2303 wpd 2-1
Plaza Residences Final EIR No. 1050
SECTION 3
MITIGATION MONITORING MATRIX
A matrix of mitigation measures for the Plaza Residences project is provided in Table 1. Column
One identifies the section of the Final EIR in which the mitigation measure is found, and lists the
number and specific text of the mitigation measure. Column Two identifies the timing for mitigation
implementation. Column Three lists the party responsible for monitoring and verifying that the
measure has been satisfactorily completed, while Column Four lists the funding source of the
measure. The City position level listed in Column Three (Responsible Party) would generally be
the individual responsible for approving the mitigation measure. However, there would be
circumstances that require a higher level of approval within the agency.
R \amiecWCcstavooa\MMa info 072303 wpd 3-1 Section 3
Final EIR
TABLE 1
PLAZA RESIDENCES: MITIGATION MONITORING PROGRAM
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Funding
Sources
3.1 Earth Resources
Standard Conditions and Requirements
■ Compliance with Uniform Building Code provisions and standard subdivision engineering requirements,
Final Master Plan
Costa Mesa Building
Permit fees
as specified in the City's conditions of approval, will satisfactorily address the geotechnical issues related
review; prior to building
Safety Division
to seismic hazards.
permit issuance
■ The Plaza Residences development shall be designed to comply with all applicable geological and
Final Master Plan
Costa Mesa Building
Permit fees
seismic safety requirements of the Uniform Building Code and mitigation as defined in the Public
review; prior to building
Safety Division
Resources Code Section 2693(c). Verification of such compliance will be confirmed during the City's plan
permit issuance
review and building permit issuance processes.
■ Grading andfoundation plans, including foundation loads, shall be reviewed bya registered soils engineer
Prior to grading permit
Registered soils
Permit fees
and approved by the City of Costa Mesa Building Safety Division.
issuance
engineer; Costa Mesa
Building Safety Division
■ All grading and earthwork shall be performed underthe observation of a registered geotechnical engineer
Inspection during
Registered geotechnical
Project
and engineering geologist in accordance with the recommendations contained within the Leighton and
grading
engineer; Costa Mesa
applicant
Associates report and in accordance with the General Earthwork and Grading Specifications included in
Building Safety Division
the report by Leighton and Associates. In order to achieve proper sub -grade preparation, selection of
satisfactory materials, and placement and compaction of all structural fill.
■ All grading shall be accomplished underthe observation and testing of the project geotechnical engineer,
Inspection during
Registered geotechnical
Project
the engineering geologist, and their representatives.
grading
engineer, Costa Mesa
applicant
Building Safety Division
■ Prior to approval of each grading plan by the City of Costa Mesa, the property owner/developer shall
Prior to approval of each
Project applicant/
Permit fees
submit a soils and geological report for the area to be graded, based on proposed grading and prepared
grading plan
registered soils
by registered soils engineer and approved by the City of Costa Mesa Building Safety Division.
engineer; Costa Mesa
Building Safety Division
■ Prior to issuance of each building permit by the City of Costa Mesa, the property owner/developer shall
Prior to building permit
Project applicant!
Permit fees
submit for review and approval by the City of Costa Mesa Building Safety Division, a detailed foundation
issuance
registered civil engineer,
design information for the subject building(s), prepared by a registered civil engineer, based on
Costa Mesa Building
recommendations by a geotechnical engineer.
Safety Division,
a Tabie-072303 wcd 3-2 Mitigation Monitori-n Program
S
Plaza Residences Final t... No. 1050
R Troieds�costauuooeWMP Table -072303 wpd 3-3 Mitigation Monitoring Program
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Sources
■ Prior to issuance of each building permit by the City of Costa Mesa, the property owner/developer shall
Prior to building permit
Project applicant/
Permit fees
submit plans showing that the proposed structure has been analyzed by a registered civil engineer for
issuance
registered civil engineer;
earthquake loading and designed according to the most recent seismic standards in the uniform Building
Costa Mesa Building
Code adopted by the City of Costa Mesa.
Safety Division
■ Additional geotechnical review of plans shall be performed upon completion of thefollowing: Grading and
Subsequent to
Project applicant/
Permit fees
Precise Grading Plans; Foundation Plans; and Shoring Plans.
completion of grading
registered geotechnical
and precise grading
engineer; Costa Mesa
plans, foundation plans,
Building Safety Division
and shoring plans
■ Geotechnical observation and testing shall be conducted during the following stages:
Ongoing during pre-
Registered geotechnical
Permit fees
— Upon completion of clearing and grubbing.
grading and grading
engineer; Costa Mesa
— During all phases of grading, including removals, fill operations, over excavation, temporary slope
activities
Building Safety Division
excavation, and installation of shoring and dewatering systems.
— During fill placement.
— When any unusual conditions are encountered.
— During subdrain construction.
— During fill placement.
— When any unusual conditions are encountered during grading.
■ Concrete, in contact with the on-site earth materials, shall be designed in accordance with the negligible
Prior to pouring of
Costa Mesa Building
Permit fees
category for exposure to sulfate containing solutions of Table 19-A-4 of the 1997 Uniform Building Code.
concrete during
Safety Division
construction
Mitigation Measures
1. Should dewatering be required for the discharge of perched groundwater during excavation for site
Prior to discharge of
Regional Water Quality
Permit fees
improvements, the applicant shall acquire either a National Pollutant Discharge Elimination System
perched groundwater
Control Board; project
(NPDES) permitforthe discharge of wastes to surfacewaters ore Waste Discharge Requirements (WDR)
during grading and
applicant; Costa Mesa
permitforthedischargeofwastestoland,asrequired,fromtheSantaAnaRegionalWaterQualityControl
construction
Building Safety Division
Board and provide evidence of permit issuance to the Costa Mesa Building Safety Division prior to
initiating any such discharge.
3.2 Hydrology and Drainage
Standard Conditions and Requirements
■ Construction of structural and non-structural BMPs as required by the National Pollutant Discharge
Obtain NPDES permit;
Costa Mesa Planning
Permit fees;
Elimination System (NPDES) permit issued by the County of Orange/City of Costa Mesa to capture urban
construct during grading
Division; Costa Mesa
project
runoff contaminants from developed areas prior to discharge to on-site storm drain facilities.
and site development
Building Safety Division
applicant
R Troieds�costauuooeWMP Table -072303 wpd 3-3 Mitigation Monitoring Program
EIR No. 1050
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Funding
Sources
■ Priorto issuance of a grading permit, the applicant shall develop a Storm Water Pollution Prevention Plan
Prior to grading permit
Costa Mesa Planning
Permit fees;
(SWPPP) that contains structural and non-structural BMPs that comply with NPDES Program
issuance
Division; Costa Mesa
project
requirements. BMPs shall be implemented as required by the NPDES Permit issued to the site.
Building Safety Division
applicant
■ Prior to issuance of a grading permit, the applicant shall obtain an NPDES Permit from the County of
Prior to grading permit
Costa Mesa Planning
Permit fees,
Orange. Applicable BMP provisions shall be incorporated into the NPDES Permit.
issuance
Division; Costa Mesa
project
Building Safety Division
applicant
3.3 Land Use and Planning Programs
Standard Conditions and Requirements
■ The proposed project would be subject to all applicable regulations of the City's General Plan, zoning
Prior to issuance of
Costa Mesa Planning
Permit fees
ordinance, and all requirements and enhancements of Federal, County, City authorities, and any other
grading permits
Division
governmental entities, and all such requirements and enactments would, by reference, become conditions
of project implementation.
3.4 Aesthetics
Project Design Features
' ■ The proposed residential buildings and parking structure project incorporates signage, landscaping, and
Final Master Plan
Costa Mesa Planning
Permit fees;
exterior lighting that comply with applicable City requirements.
review; verification
Division
project
during project design
applicant
and construction
■ The size, height, building materials, and orientation of the development comply with applicable City
Final Master Plan
Costa Mesa Planning
Permit fees;
requirements.
review; verification
Division
project
during project design
applicant
and construction
Standard Conditions and Requirements
■ The Plaza Residences projectwill be required to complywith Uniform Building Code provisions, standard
Final Master Plan
Costa Mesa Planning
Permit fees;
subdivision engineering requirements, and applicable provisions of the Costa Mesa General Plan as
review; verification
Division
specified in the City's conditions of approval.
during project design
project
applicant
and construction
■ The project applicant shall plant one specimen -sized tree on the project site for each tree which is
Final Master Plan
Costa Mesa Planning
Permit fees;
removed from the project site.
review; verification
Division
project
during project design
applicant
and construction
R.�P,.,emCuVMJOOMIAMP Table -072303 ,d 3-4 Mitigation Monitoring Program
Fina ciR No. 1050
R:�P,e ts�C..taUOOS MMP Table -072303 wpd 3-5 Mitigation Monitoring Program
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Sources
3.5 Transportation and Circulation
Standard Conditions and Requirements
■ The project applicant shall participate in the implementation of Master Plan of Highways improvements
Payment of all Citywide
Project applicant, Costa
Development
through the payment of Citywide Traffic Impact Fees. The payment of Citywide Traffic Impact Fees shall
Traffic Impact Fees for
Mesa Planning Division
impact fees
be submitted to the City of Costa Mesa Planning Division forthe mitigation of off-site traffic impacts based
General Plan level
on the average daily trips generated by the development and payable at the time of issuance of a building
improvements prior to
permit for the first building constructed on the project site.
building permit issuance
for the first building on
the site.
■ The project applicant shall prepare a truck route plan for review and approval by the City of Costa Mesa
Prior to approval of
Costa Mesa Engineering
Project
Engineering Division prior to the approval of the construction access permit. The truck route shall
construction access
Division
applicant
preclude truck routes through residential areas.
permit
Mitigation Measures
1. Priorto demolition and grading permits, construction management activities pertaining to on-site and off-
Prior to demolition and
Costa Mesa Planning
Project
site street/circulation construction activities shall be identified on the grading and/or construction plans.
grading permit issuance
Division/Costa Mesa
applicant
At a minimum, the plans will specify planned haul routes and temporary traffic land closures. Additionally,
Building Safety Division
if necessary, construction control measures (i.e., directional signage, use of flagpersons, etc.) will be
identified on the plans to ensure minimal disruption to traffic flow during construction. The grading and/or
construction plans are subject to the review of the City of Costa Mesa.
2. Priorto temporary traffic and parking lane closures on-site oroff-site, the project applicant shall coordinate
Prior to temporary traffic
Project applicant, Costa
Project
with the City of Costa Mesa Police Department and the Fire Department. The project applicant shall
and parking lane closure
Mesa Transportation
applicant
identify the duration of closure or potential disruption to emergency access off-site and coordinate with
permits
Services Division
the Police Department and Fire Department to identify alternative emergency access routes.
3. The project applicant shall fund its pro -rata share of the costs of the following improvement to the
Payment of all Citywide
Project applicant; Costa
Payment of the
intersection of Newport Boulevard at 19" Street:
Traffic Impact Fees for
Mesa Transportation
City's Traffic
General Plan level
Services Division
Impact Fee
■ Add a fourth northbound and a fourth southbound through lane to Newport Boulevard.
improvements prior to
building permit issuance
for the first building on
the site.
R:�P,e ts�C..taUOOS MMP Table -072303 wpd 3-5 Mitigation Monitoring Program
Plaza Residences Final EIR
R'.\P,.Ogs CW.\JOGS\MMP Table -07230 wpb 3-6 Mitigation Monitoring Program
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Sources
4. The need for the traffic signal at the intersection of Bernard Street at Harbor Boulevard shall be verified
Subsequent to project
Project Applicant, Costa
Project
following project buildout and shall be installed only when warrants based on actual counts are met. The
buildout and subsequent
Mesa Transportation
applicant
applicant should be conditioned to a deposit equal to full cost of traffic signal installation (based on the
to warrants based on
Services Division
residential component's contribution) in conjunction with the traffic impact fees payment. The need for
actual counts are met.
trafficsignal shall beevaluated every year following full occupancyof the projectfor a period offiveyears.
Annual monitoring up to
If the need for a signal is verified, it will be installed using the money deposited. If a signal is not
five years to determine
warranted in five years, the deposit can be returned,
the need for traffic
signal.
3.6 Air Quality
Standard Conditions and Requirements
■ All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD)
Prior to grading permit
Costa Mesa Planning
Project
regulations, including Rule 403, Fugitive Dust. All grading (regardless of acreage) shall apply best
issuance; inspection
Division
applicant
available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in
during grading
full compliance with applicable SCAQMD dust regulations andthatthere is no nuisance impact off the site,
the contractor would implement each of the following:
a. Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is
necessary to prevent visible dust emissions from exceeding 100 feet in any direction.
b. Apply chemical stabilizers to disturbed areas (completed grading areas) within five days of
completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized
surface.
C. Water excavated soil piles hourly or cover with temporary coverings.
d. Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on
windy days when winds are less than 25 miles per day or during very dry weather in order to
maintain a surface crust and prevent the release of visible emissions from the construction site.
e. Wash mud -covered tires and under -carriages of trucks leaving construction sites.
f. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by
construction vehicles or mud which would otherwise be carried off by trucks departing project sites.
g. Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose
of debris.
h. Cease grading during periods when winds exceed 25 miles per hour.
L Turn equipment off when not in use for more than five minutes.
R'.\P,.Ogs CW.\JOGS\MMP Table -07230 wpb 3-6 Mitigation Monitoring Program
Plaza Residences Final �iP No. 1050
R �Proeccs\CastauJOOB nMP Tame -072303 wad 3-7 Mitigation Monitonng Program
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Sources
Mitigation Measures
1. In order to reduce diesel fuel engine emissions, the project applicant shall require that all construction bid
Prior to grading permit
Project applicant; Costa
Project
packages include a separate "Diesel Fuel Reduction Plan." This plan shall identify the actions to be taken
issuance
Mesa Planning Division
applicant
to reduce diesel fuel emissions during construction activities (inclusive of grading and excavation
activities). Reductions in diesel fuel emissions can be achieved by measures including, but not limited
to the following: a) use of alternative energy sources, such as compressed natural gas or liquefied
petroleum gas, in mobile equipment and vehicles; b) use of "retrofit technology," including diesel
particulate trips, on existing diesel engines and vehicles; c) other appropriate measures. Prior to the
issuance of a grading permit, the Diesel Fuel Reduction Plan shall be filed with the City of Costa Mesa
Planning Division.
2. During construction activities, the contractor shall implement the following measures to reduce
Ongoing during
Project applicant, Cost
Project
construction equipment emissions.
construction activities
Mesa Planning Division
applicant
a. Maintain construction equipment engines by keeping them tuned.
b. Use low su lfurfuel for stationary construction equipment. This is required by SCAQMD Rules 431 A
and 431.2.
C. Use existing power sources (i.e., power poles) when feasible. This measure would minimize the use
of higher polluting gas or diesel generators.
d. Configure construction parking to minimize traffic interference.
e. Minimize obstruction of through -traffic lanes. When feasible, construction should be planned so that
lane closures on existing streets are kept to a minimum.
f. Schedule construction operations affecting traffic for off-peak hours.
g. Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may
include advance public notice of routing, use of public transportation and satellite parking areas with
a shuttle service).
3.7 Noise
Standard Conditions and Requirements
■ The City of Costa Mesa has adopted a Noise Ordinance that excludes control of construction activities
Inspection during
Costa Mesa Planning
Project
during the hours between 7 a.m. and 8 p.m. All noise generating construction activities within 500 feet
grading and construction
Division
applicant
of residential areas should be limited to these hours.
activities
R �Proeccs\CastauJOOB nMP Tame -072303 wad 3-7 Mitigation Monitonng Program
Plaza Residences Final EIR No 1050
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Funding
Sources
■ All activities on the project site are required to comply with the City of Costa Mesa Noise Ordinance
Inspection during
Costa Mesa Planning
Project
standards.
grading and construction
Division
applicant
activities
Mitigation Measures
1. Prior to the issuance of precise grading permits for the residential development, a detailed exterior
Prior to precise grading
Acoustical engineer;
Project
acoustical engineering study shall be prepared by a qualified acoustical engineer and submitted to the
permit issuance
project applicant, Costa
applicant
City of Costa Mesa to determine the final heights and locations of noise barriers required to meet the
Mesa Planning Division
City's noise standards for exterior private residential living areas. Both the City's 65 CNEL exterior noise
standard and the Costa Mesa Noise Ordinance (Municipal Code Chapter XIII Noise Control) standards
shall be addressed. The 65 CNEL noise standard shall be addressed for exterior residential living areas
exposed to noise levels in excess of 65 CNEL as shown in Exhibit 3.7-4. Exhibits 3.7-5 and 3.7-6 show
preliminary locations and heights of barriers that will be required to meet the standards based on
preliminary calculations. The acoustical engineering study shall finalize these barrier heights and
locations based on precise grading and final building plans. To be effective, noise barriers will be required
to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They
may be a solid wall, an earthen berm, or a combination of the two. They may be constructed of wood
studs with stucco exterior, any masonry material, or a material that is less visually intrusive such as
1/4 -inch plate glass or 5/8 -inch plexiglass. The acoustical engineering study, including calculations, shall
be submitted to the City of Costa Mesa prior to the issuance of a precise grading permit. The applicant
shall implement the recommendations of the acoustical engineering study into the project's plans prior
to the issuance of a precise grading permit for free standing noise barriers and a building permit for
barriers incorporated into the buildings.
2. The project applicant shall submit detailed plans for all parking structures prior to the issuance of a
Prior to building permit
Acoustical engineer;
Project
building permit for the structure. Said plans shall be accompanied by an acoustical study prepared by a
issuance
project applicant; Costa
applicant
qualified acoustical City -approved expert to the satisfaction of the City of Costa Mesa Planning Division.
Mesa Planning Division
The acoustical study shall demonstrate that all feasible sound attenuation in compliance with Costa Mesa
Municipal Code (ChapterXlll Noise Control) has been incorporated into parking structure design, including
but not limited to brushed driving surfaces (textured), limited openings oriented toward sensitive noise
sources, etc.
3. Prior to the issuance of building permits for residential development, a detailed interior acoustical
Priorto building permit
Acoustical engineer;
Project
engineering study shall be prepared by a qualified acoustical engineer and submitted to the City of Costa
issuance
project applicant; Costa
applicant
Mesa to demonstrate compliance with the City of Costa Mesa and California Code of Regulations Title 24
Mesa Planning Division
interior noise requirements. In addition, the acoustical engineering report shall also demonstrate
compliance with the Costa Mesa Noise Ordinance interior noise standards forthe residences significantly
impacted by parking lot noise. Preliminary calculations show that the standards will be achievable with
mechanical ventilation to allow windows to remain closed and, potentially, upgraded windows. The
acoustical engineering report shall specify any upgrades to the standard construction required to meet
such standards. The acoustical engineering study shall be prepared under the supervision of a person
experienced in the field of acoustical engineering. The acoustical engineering study including calculations
shall be submitted to the City of Costa mesa prior to the issuance of a building permit. The applicant shall
R rPrujects�C=au00MMMP Tabic -072303 wpd 3-8 Mitigation Monitoring
Plaza Residences Final � No. 1050
R:\Pmtects\Costa\d008\MMP TableU72303wpd 3-y rvnuyou�u mvunvuny � ,vyimu
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Sources
implement the recommendations of the acoustical engineering study into the project plans prior to the
issuance of a building permit.
3.8 Public Services and Utilities
Police Protection: Mitigation Measures
1. Prior to the initiation of grading, a construction security service shall be established at the construction
Prior to grading permit
Project applicant; Costa
Project
site. Initially, the service shall ensure that no unauthorized entry is made into the construction area. For
issuance; site inspection
Mesa Police Department
applicant
the duration of each phase of construction, the project applicant shall provide sufficient on-site security
personnel on a 24-hour, seven days a week basis, to patrol all areas of construction and prohibit
unauthorized entry. Evidence of compliance with this requirement is subject to periodic site inspections
by City staff.
Fire Protection: Project Design Features
■ A water delivery system designed to provide adequate fire flows to the project site and a roadway system
Prior to grading permit
Project applicant; Costa
Project
to provide adequate access to and through the site are a part of the project design.
issuance; site inspection
Mesa Engineering
applicant fees
Division
Fire Protection: Standard Conditions and Requirements
■ Vehicular access must be provided and maintained serviceable throughout construction to all required
Part of Master Plan
Project applicant; Costa
Permit fees
fire hydrants.
submittal
Mesa Fire Department;
Costa Mesa
Transportation Services
Division
■ The five -level parking structure must be equipped with automatic fire sprinklers.
Part of Master Plan
Project applicant; Costa
Project
submittal
Mesa Fire Department
applicant
Water Service: Standard Conditions and Requirements
■ Mesa Consolidated's Water Efficiency Specialist shall be consulted with during landscape planning to
Prior to building permit
Project applicant; Mesa
Project
ensure that appropriate water conservation measures are used.
issuance
Consolidated Water
applicant
District
■ Prior to the issuance of building permits, the project applicant shall pay the applicable connection fees
Prior to building permit
Project applicant; Mesa
Fees
charged to new development by the Mesa Consolidated Water District.
issuance
Consolidated Water
District
■ Water conservation measures, as required by the State of California, shall be incorporated into building
Prior to building permit
Project applicant, Costa
Project
plans for the project. These may include, but are not limited to, the following:
issuance; prior to
Mesa Building Safety
applicant
certificate of occupancy
Division
— Health and Safety Code Section 17921.3 which requires low -flush toilets and urinals in all new
issuance
construction;
R:\Pmtects\Costa\d008\MMP TableU72303wpd 3-y rvnuyou�u mvunvuny � ,vyimu
Plaza Residences Final FIR No 1050
R \Prcjeels\COsta\J049\MNIP Table -072303 wpd 3-10
Mitigation Monitoring Program
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Sources
— Title 24, California Administrative Code Sections 2-5352(1) and 0) which require insulation of water -
heating systems and pipe insulation to reduce water used before hot water reaches equipment or
fixtures; and,
— Government Code Section 7800 which specifies that lavatories in all public facilities be equipped
with self-closing faucets.
Wastewater Service: Standard Conditions and Requirements
■ Prior to issuance of building permits, a letter shall be obtained from the Costa Mesa Sanitary District
Prior to building permit
Project applicant; Costa
Project
verifying that there is sufficient capacity in the receiving trunk lines to serve the project.
issuance
Mesa Sanitary District
applicant
■ Prior to the issuance of a connection permit(s), the applicant shall pay the applicable connection fees.
Prior to building permit
Project applicant; Costa
Fees
issuance
Mesa Sanitary District
Wastewater Service: Mitigation Measures
1. All sewer flows originating from the residential portion of the project site shall be connected to the Costa
Prior to certificate of
Project applicant; Costa
Fees
Mesa Sanitary District's sewer system at Manhole No. 4 in Newport Boulevard.
occupancy issuance
Mesa Building Safety
division
Solid Waste: Mitigation Measures
Although no significant impacts to solid waste disposal are anticipated as a part of the project, the following
Ongoing during
Project applicant; Costa
Project
measures are recommended to minimize waste disposal and assist the City of Costa Mesa in compliance with
construction; inspection
Mesa Building Safety
applicant
AB 939.
during construction
Division
■ In accordance with the requirements of AB 939, construction contractors shall reuse construction forms
where practicable or applicable, attempt to balance soils on the site, minimize over cutting of lumber and
polyvinyl chloride (PVC) piping where feasible, and reuse landscape containers to the extent feasible.
■ Recycling bins for glass, metals, paper, wood, plastic, green waste, and cardboard shall be placed on
Ongoing during
Project applicant; Costa
Project
the construction sites for use by construction workers.
construction; inspection
Mesa Building Safety
applicant
during construction
Division
■ In construction specifications and bid packages, require building materials made of recycled materials,
During grading and
Project applicant; Costa
Project
to the extent feasible and economically practical.
construction; inspections
Mesa Building Safety
applicant
during construction
Division
r Prior to the initiation of demolition and construction activities, the project applicant shall prepare a waste
Prior to initiation of
Project applicant; Cosa
Project
reduction plan for acceptance by the City of Costa Mesa. The waste reduction plan shall be included
demolition and
Mesa Building Safety
applicant
in all construction bid packages. During theterm of the demolition and construction, the goal is to recycle
construction; inspections
Division
R \Prcjeels\COsta\J049\MNIP Table -072303 wpd 3-10
Mitigation Monitoring Program
Plaza Residences Fina, SIR No. 1050
R9P,gedis CaStat.l00BWMP Table-0]2303.npd 3-11 Mitigation Monitoring
Funding
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(les)
Sources
or divert 50 percent of construction and demolition wastes and keep records thereof in tonnage or in
during construction
other measures deemed acceptable to the City of Costa Mesa. To the maximum extent feasible, on-site
separation of scrap wood and clean green waste shall occur to permit chipping and mulching for soil
enhancement of land cover purposes.
Schools: Standard Conditions and Requirements
■ Prior to issuance of a building permit, the project applicant shall pay developerfees to the Newport -Mesa
Prior to building permit
Project applicant; Cosa
School fees
Unified School District pursuant to the requirements established in SB 50. The amount offees to be paid
issuance
Mesa Planning Division
will be determined based on the established State formula for determining construction costs.
Parks and Recreation: Standard Conditions and Requirements
■ If the Plaza Residences project site is subdivided, the project applicant would be responsible for the
Prior to building permit
Project applicant and
Project
dedication of 1.5 acres of parkland within the City of Costa Mesa or payment of parkland in -lieu fees.
issuance
City of Costa Mesa
applicant
Planning Department
Energy Resources: Standard Conditions and Requirements
■ Prior to the recordation of the final Master Plan, the applicant shall provide to the City of Costa Mesa,
Prior to recordation of
Project applicant;
Project
a letterfrom Southern California Edison Company and Southern California Gas Company indicating their
Master Plans
Southern California
Applicant
ability to provide service to the project.
Edison Company;
Southern California Gas
Company; Costa Mesa
Planning Division
■ Structures on the site shall be required to meet the Energy Building Regulations adopted by the
Prior to building permit
Project applicant; Costa
Permit feet;
California Energy Commission (Title 24). Meeting these specifications would conserve non-renewable
and certificate of
Mesa Planning Division
project
natural resources to levels acceptable to the State.
occupancy issuance
applicant
■ The applicantshall comply with guidelines provided by Southern California Edison Company with respect
Prior to recordation of
Project applicant;
Project
to easement restrictions, construction guidelines, and potential amendments to right-of-way in the areas
final Master Plans
Southern California
applicant
of any existing Southern California Edison Company easements.
Edison Company;
Southern California Gas
Company; Costa Mesa
Planning Division
R9P,gedis CaStat.l00BWMP Table-0]2303.npd 3-11 Mitigation Monitoring
Residences Final EIR No. 1050
EIR Section/Mitigation Program
Timing of Mitigation
Responsible Party(ies)
Funding
Sources
• The applicant shall implementthe following measures on the residential portions of the projectto reduce
Prior to recordation of
Project applicant, Costa
Project
energy consumption:
final Master Plans
Mesa Planning Division
applicant
t. Energy Star labeled appliances, water heaters, air conditioners, windows, etc.
2. Low -e insulated glass reduces heat gain due to solar radiation for windows
3. Programmable thermostats
4. HVAC Duct Sealing
5. Increased insulation
R �Pr.,,ts�C IMJOo91MMP T,b[e 072303 w,d 3-12 Mitigation