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HomeMy WebLinkAbout03-33 - Approving Master Plan PA-03-01RESOLUTION NO. 03-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA -03-01. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Gruen Associates, authorized agent for Orange County Performing Arts Center, with respect to the real property located at 615 Town Center Drive, requesting approval of an approximately 5 story, 296,500 sq. ft., building containing a 2,000 seat symphony hall and a 500 seat auditorium in the TC zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 10, 2003 and; WHEREAS, on March 10, 2003, the Planning Commission recommended approval of Master Plan PA -03-01; and WHEREAS, the City Council held a duly noticed public hearing on May 19, 2003. NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the recons and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby approves Master Plan PA -03-01 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Master Plan PA -03-01, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this resolution, and any recommendation for approval herein contained, shall be deemed null and void. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 19'h day of May, 2003. ATTEST: � - 1( in Deputy Ci Jerk of the City of Costa Mesa Mayor of th City 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 certify that the above and foregoing Resolution No. 03-33 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19"' day of May, 2003, by the following roll call vote: AYES: Monahan, Steel, Mansoor, Schaefer ABSENT: Cowan IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 20"' day of May, 2003. Deputy ity Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT' A" FINDINGS APPL. PA -03-M A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(5)(a) in that the proposed symphony hall meets the broader goals of the General Plan, the North Costa Mesa Specific Plan, and the Zoning Code, by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. B. The proposed project 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. 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. c. The project is consistent with the 1990 General Plan and the North Costa Mesa Specific Plan. d. The planning application is for a project -specific case and does not establish a precedent for future development. C. The proposed project is consistent with the South Coast Plaza Town Center Preliminary Master Plan. D. 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. E. Section 15168 (c) (2) of the CEQA guidelines allows a lead agency to use a previously certified final program EIR for subsequent activities, if the finding can be made that no new effects would occur and no new mitigation measures would be required. The proposed project is within the scope of Final Program EIR #1047 for the following reasons: A. The proposed project will not allow a land use or intensity that would be inconsistent with the corresponding 1990 General Plan land use designation. Therefore, the proposed project will not alter the impact analyses contained in Final Program EIR #1047. APPL. PA -03-01 B. There have not been substantial changes with respect to the circumstances under which the project will be undertaken that would require important revisions to previous Final Program EIR #1047 due to the involvement of new significant environmental impacts not covered in the Final Program EIR #1047. C. No new information of substantial importance to the project has become available in respect to the significant effects of the project, the severity of the significant effects, the feasibility of the mitigation measures and alternatives, or the identification of new mitigation measures or alternatives that could lessen the significant effects of the project. D. Because there is no change to the impact analyses contained in Final Program EIR #1047 and no new information of substantial importance has become available, no new mitigation measures would be required as a result of approval of the project. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -03-01 Ping. 1. The project shall comply with applicable mitigation measures of Final Program Environmental Impact Report #1047 (copy attached for reference). 2. Landscaping shall be provided within the 20 -foot deep front setback area unless this portion of Town Center Drive is abandoned or applicant processes and receives approval of a variance. City approval will be required for modification to the open space easement boundary to accommodate any type of patron pick-up/drop-off area. This condition shall be completed prior to final inspections of the building. 3. The conditions of approval and ordinance or code provisions of Planning Application PA -01-12 shall be blueprinted on the face of the site plan. 4. The applicant shall contact the Planning Division to arrange a Planning Division inspection of the site prior to the release of occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 5. Show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted equipment shall not be located in any landscaped setback visible from the street, except when required by applicable uniform codes, and shall be screened from view, under the direction of Planning staff. 6. Every attempt shall be made to relocate existing trees affected by the expansion. If possible, these trees shall be relocated in the same general area. This condition shall be completed to the satisfaction of the Planning Division. 7. Weekday matinee performances are permitted only in the case of (a) Performances where the audience arrives and departs via bus or other mass transportation, or (b) Performances for which the applicant has submitted a parking plan for review and approval by the Planning Division, to provide evidence that sufficient parking will exist for all uses concurrently operating in the South Coast Plaza Town Center. The parking plan shall be submitted a minimum of 45 days prior to the performance date, and may address all weekday performances in the calendar year. APPL. PA -03-01 8. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 7 p.m. on Saturday, Sunday, and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. Eng. 9. Maintain the public right-of-way in a 'beet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of- way by sweeping or sprinkling. APPL. PA -03-01 MITIGATION MEASURES (Only those applicable to this project have been included.) Land Use 1. The City of Costa Mesa will review the final master plans for development within the SCPTC project area for consistency with any adopted plans for the area. Traffic 1. As the subsequent phases of the SCPTC project are submitted to the City of Costa Mesa, the project traffic study area intersections' performance shall be monitored against the City's Annual Development Phasing and Monitoring Program to determine when future improvements are required. The project applicants shall be required to fund all costs and/or implement intersection improvements to the following intersections in Costa Mesa: Bristol St./Sunflower Ave., Fairview Rd./South Coast Dr., Bristol St./Paularino Ave., Park Center Dr./Sunflower Ave. 2. The project applicants shall pay their respective pro -rata share of the costs of the planned improvements, as identified in Final Program EIR #1047, at the intersections in the City of Santa Ana listed below. The terms for these payments, including payment calculation and timing, shall be determined by the Director of Development Services, in order to coordinate with the City of Santa Ana. The following intersection improvements are required: a. Main St./MacArthur Blvd. Provide right -tum ovedap signal phasing for northbound and southbound right turns. b. Main St. and Sunflower Ave.: Convert 3d southbound lane to a right turn lane with ovedap phasing. c. Bristol St./Segerstrom Ave.: General Plan Improvements: Add a second left turn for each approach, 3" and 4"' eastbound through lanes, 3r° westbound through lane, and right -turn lanes for each approach. Non - General Plan Improvements: Add a 4"' westbound through lane. d. Bristol St./MacArthur Blvd.: General Plan Improvements: Add right tum lanes for southbound, eastbound, and westbound approaches. Non - General Improvements: Add 4"' eastbound and westbound through lanes, add right tum overlap for westbound right turn lanes. e. Flower St./MacArthur Blvd.: General Plan Improvements: None. Non - General Plan Improvements: Add northbound and westbound right tum lanes. I. SR -55 NB Ramps and MacArthur Blvd.: General Plan Improvements: None. Non -General Plan Improvements: Add 3" northbound right tum lanes. 3. The project applicants shall participate in the implementation of Master Plan of Highways improvements through the payment of development impact fees. ADPL. PA -03-01 The payment of development impact fees shall be submitted to the City of Costa Mesa Planning Division for the mitigation of offsite traffic impacts based on the average daily trips generated by the development and payable at the time of issuance of certificates of occupancy. The required fee shall be paid pursuant to the prevailing schedule of charges adopted by the City Council in effect at the time of issuance of certificates of occupancy. 4. The project applicants shall be responsible for the payment of fees in accordance with the San Joaquin Hills Transportation Corridor Fee Ordinance. Fees shall be paid to the Costa Mesa Planning Division prior to the issuance of building permits. 5. The project applicants shall comply with the Transportation Demand Management (TDM) requirements of the City of Costa Mesa TDM Ordinance (Costa Mesa Municipal Code S 13-193 through 13-200) through the provision of one or more improvements set forth in Costa Mesa Municipal Code S 13-197. Air Quality All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 402, the Nuisance Rule, and Rule 403, Fugitive Dust. Prior to the issuance of a grading permit where grading permit will occur on more than 50 acres at one time, the applicant shall submit a grading plan or grading contingency plan to the SCAQMD in accordance with Rule 403. All grading (regardless of size) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the contractor will implement each of the following: g. Develop a project grading plan or contingency plan and submit the plan to the SCAQMD consistent with the provisions of Rule 403. (Note: only applicable where more than 50 acres are graded). In. 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. L Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface. j. Water excavated soil piles hourly or covers with temporary coverings. k. 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 sites. APPL. PA -03-01 I. Wash mud -covered tires and under -carriages of trucks leaving construction sites. m. 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. n. Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. o. Cease grading during periods when winds exceed 25 miles per hour. 2. To reduce emissions from project -related vehicle trips, the project applicant shall adhere to the City of Costa Mesa Municipal Code §13-193 through 13- 200 (Transportation Demand Management) and the South Coast Air Quality Management District Regulation XV to reduce vehicle traveled to the maximum extent feasible. The code includes measures such as: a. Preferential parking for carpool vehicles; b. Bicycle parking and shower facilities; c. Information provided to employees on transportation alternatives; d. Rideshare vehicle loading areas; e. Vanpool vehicle accessibility; and, f. Bus stop improvements. 3. To reduce emissions from the power plant providing electricity to the site, prior to the issuance of building permits, the project applicant shall demonstrate to the satisfaction of the City of Costa Mesa Building Safety Division that the project shall adhere to Title 24 of the California Code which requires new development to use energy efficient electrical and mechanical systems. Noise All noise -generating construction activities within 500 feet of residential areas shall be limited to 7 a.m. to 8 p.m. 2. The project applicant shall prepare a truck route plan for review and approval by the City of Costa Mesa Engineering Division prior to the approval of the construction access permit. The truck route permit shall preclude truck routes through residential areas. 3. All activities on the project site are required to comply with the City of Costa Mesa Noise Ordinance. Any potential noise -generating uses should be located away from residential areas, if possible. Geology and Soils All future development on the SCPTC site shall be designed to comply with all applicable geological and seismic safety requirements of the Uniform APPL. PA -03-01 Building Code and mitigation as defined in the Public Resources Code Section 2693(c). Verification of such compliance will be confirmed during the city's plan review and building permit issuance processes. 2. Grading and foundation plans, including foundation loads, shall be reviewed by a registered soils engineer, and approved by the City of Costa Mesa Building Safety Division. 3. All grading and earthwork shall be performed under the observation of a registered geotechnical engineer in order to achieve proper sub -grade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. 4. Prior to approval of each grading plan by the City of Costa Mesa, the property owner/developer shall submit a soils and geological report for the area to be graded, based on proposed grading and prepared by registered soils engineer and approved by the City of Costa Mesa Building Safety Division. 5. Prior to issuance of each building permit by the City of Costa Mesa, the property owner/developer shall submit for review and approval by the City of Costa Mesa Building Safety Division, a detailed foundation design information for the subject building(s), prepared by a registered civil engineer, based on recommendations by a geotechnical engineer. 6. Prior to issuance of each building permit by the City of Costa Mesa, the property owner/developer shall submit plans showing that the proposed structure has been analyzed by a registered civil engineer for earthquake loading and designed according to the most recent standards in the Uniform Building Code adopted by the City of Costa Mesa. 7. If a permit is required for discharge of perched groundwater encountered during excavation for site improvements, the applicant shall acquire such permit(s) from the applicable agency(ies) (e.g., Santa Ana Regional Water Quality Control Board, County Flood Control or County Sanitation District) and provide evidence of permit issuance to the Costa Mesa Building Safety Division prior to initiating any such discharge. Hydrology and Water Quality 1. Construction of structural BMPs as identified in the SWPPP, and required by the NPDES Stormwater Permit issued to the project site by the County of Orange/City of Costa Mesa to capture urban runoff contaminants from developed areas prior to discharge to onsite storm drain facilities. APPL. PA -03-01 2. Prior to issuance of a grading permit, the applicant shall obtain an NPDES Stormwater Permit from the County of Orange. Applicable BMP provisions shall be incorporated into the NPDES Permit. Public Services, Utilities, and Energy Consumption 1. A water delivery system designed to provide adequate fire flows to the project site and maintain a roadway system to provide adequate access to and through the site are a part of the design of the project. 2. Concurrent with the issuance of building permits the applicant shall pay the North Costa Mesa Fire Fee in effect at that time, as applicable. 3. Each final master plan for the project site shall provide sufficient capacity for fire flows required by the Costa Mesa Fire Department. 4. Vehicular access to all fire hydrants must be provided and maintained throughout construction. 5. Environmental design considerations shall be incorporated into the development and maintenance of the proposed project to deter such criminal activity as burglary and robbery. 6. If deemed necessary, all buildings shall be well marked with names and addresses to enhance rapid response, rooftops shall be marked for building identification by police helicopter, and there shall be designated emergency vehicle parking areas close to buildings. Final building plans shall indicate where these improvements will be located. 7. Prior to the initiation of grading, a construction security service shall be established at the construction site. Initially, the service shall ensure that no unauthorized entry is made into the construction area. For the duration of each phase of construction, the project applicant shall provide sufficient onsite security personnel on a 24-hour, seven days a week basis, to patrol all areas of construction and prohibit unauthorized entry. 8. Private on-site security is to be provided by the project applicants, as the project is developed and operational. 9. All on-site irrigation lines for recycled water shall be identified so as to avoid connection with potable water lines. 10. Design requirements would be specified to the City for potable and recycled water -plumbing systems within proposed buildings. APPL. PA -03-01 11. Prior to the issuance of an Application Permit, the Application Plan Check/inspection Fee and Performance Guarantee Bond shall be paid by the applicants to the MCWD. 12. Prior to the approval of plans or the execution of a service agreement, a Development Impact Fee shall be collected by the MCWD from the applicants. Water conservation plans as required by the State of California shall be incorporated into building plans for the project. The measures to be implemented include, but are not limited to: g. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals (Health and Safety Code 17921.3) h. Use of self closing valves for drinking fountains and lavatory faucets in public facilities (Government Code Section 7800) I. Insulation of water pipes and water heating systems. (Title 24, California Administrative Code, Section 25352) j. Use of low flow sprinkler heads in irrigation systems (California Conservation in Landscaping Act, AB 325). 13. All on-site wastewater sewer lines will be provided and ties to the existing sewer line system. 14. Prior to the issuance of building permits, a letter shall be obtained from the CMSD and the OCSD verifying that there is sufficient capacity in the receiving trunk lines to serve the proposed project. 15. Prior to the issuance of connection permits(s), the applicant shall pay all applicable fees. 16. In accordance with the requirements of AB 939, construction contractors shall reuse construction fortes 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. 17. Recycling bins for glass, metals, paper, wood, plastic, green waste, and cardboard shall be placed on the construction sites for use by construction workers. 18. In construction specifications and bid packages, require building materials made of recycled materials, to the extent feasible and economically practical. 19. As a part of the ongoing operations of the SCPTC project, the following measures shall be integrated into project design: APPL. PA -03-01 a. Source reduction, source separation and recycling measures shall focus on paper goods, yard waste, plastic, wood waste, and glass; b. "Buy -recycled" policies, such as price preferences for recycled products; source reduction policies; in-house recycling; drop-off sites; employee education; customer education; and, manufacturing design modification to promote source reduction or recycling. 20. Prior to issuance of building permits, the applicant shall provide to the City of Costa Mesa, a letter from Southern California Edison Company and Southern California Gas Company indicating the ability to provide service to the project. 21. The applicant shall comply with the guidelines provided by the Southern California Edison Company with respect to easement restrictions, construction guidelines, and potential amendments of right-of-way in any existing Southern California Edison easements on the project site. 22. Prior to the issuance of each building permit, the building owner/developer shall submit plans showing that each structure will comply with the State Energy Efficiency Standards for nonresidential buildings (Title 24, Part 6, Article 2, California Code of Regulations). Aesthetics The project incorporates the following design features related to aesthetics and visual resources: a. The proposed SCPTC project will incorporate signage, landscaping, and exterior lighting that comply with applicable city requirements. b. The size, height, building materials, and orientation of structures associated with the SCPTC project will conform to City requirements.