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HomeMy WebLinkAbout05-19 - Approving Master Plan PA-04-05RESOLUTION NO. 05-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN PA -04-05. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Birtcher Development, LLC, authorized agent for State Farm Mutual Auto Insurance Co., with respect to the real property located at 3333 Hyland Avenue, requesting a rezone from MP (Industrial Park) to PDI (Planned Development Industrial) and a master plan to demolish approximately 307,000 square feet of office building and construct a 312,540 square foot multiple tenant home furnishings center with ancillary retail and food uses; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 28, 2005; and WHEREAS, on February 28, 2005, the Planning Commission recommended City Council approval of Master Plan PA -04-05; 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 an Initial Study/Mitigated Negative Declaration was prepared and available for public review from February 9, 2005, to February 28, 2005; and WHEREAS, on February 28, 2005, the Planning Commission adopted the Initial Study/Mitigated Negative Declaration because the proposed project would not have a significant effect on the environment. This decision reflects the independent judgment of the City of Costa Mesa. Additionally, the evidence in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat; and WHEREAS, a duly noticed public hearing was held by the City Council on April 5, 2005. NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby APPROVES PA -04-05 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 R-04-03 and PA -04-05 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. PASSED AND ADOPTED this a day of April, 2005. ATTEST: Deput ity Clerk of he City of Costa Mesa 2 Mayor of the City of Costa Mesa APPROVED AS TO FORM City Attorney 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. 05-19 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 5t' day of April, 2005, by the following roll call vote: AYES: Mansoor, Monahan, Bever, Foley NOES: Dixon ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 6"' day of April, 2005. 4 Dep City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" A. The proposed rezone is consistent with the Zoning Code and the General Plan. Specifically, the land use designation of the site per the General Plan is Industrial Park. The proposed project is consistent with the General Plan, specifically, goals LU -1A.1 and LU -1F.5, because the surrounding properties are zoned industrial, have a General Plan Land Use designation as Industrial Park, and contain industrial and/or commercial developments. The floor area for the proposed project will not exceed the maximum allowable Floor Area Ratio (FAR) for the site, as required by goal LU -1 E.1. B. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(5) because the master plan meets the broader goals of the General Plan and the Zoning Code with regard to protection of the integrity of neighboring development. Specifically, the project will be compatible with the uses in the surrounding area, as well as provide a substantial improvement to the subject property through the design and placement of buildings, parking areas, pedestrian walkways, and landscaping. C. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: • A compatible and harmonious relationship exists between the proposed buildings, site development, and uses, and existing buildings, site development, and uses on surrounding properties. • 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. • The proposed project will comply with the performance standards as prescribed in the Zoning Code. • The proposed use is consistent with the General Plan. • The planning application is for a project -specific case and does not establish a precedent for future development. • The cumulative effect of all the planning applications have been considered. D. An initial study was prepared, pursuant to the Califomia Environmental Quality Act. Although the proposed project could have a significant effect on the environment, according to the initial study and mitigated negative declaration, which reflect the independent judgment of the City of Costa Mesa, there will not be a significant effect on the environment because mitigation measures have been added to the project. E. The evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat. F. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. G. The furthest point of the building(s) are an excessive distance from the street necessitating fire apparatus access and provisions for on-site fire hydrants. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. 2. Street addresses shall be displayed on the freestanding sign, or, if there is no freestanding sign, on the building fascia adjacent to the main entrance of the building in a manner visible to the public street. Street address numerals shall be a minimum 12 inches in height with not less than 3/. -inch stroke and shall contrast sharply with the background. 3. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 4. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall be continuously maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 5. The conditions of approval and ordinance or code provisions of Planning Application PA -04-05 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 6. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 7. Show method of screening for all ground -mounted mechanical equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted electrical and mechanical equipment shall not be located in any landscaped setback visible from the street. 8. Exterior elevations shall be submitted for pre -plan check review and approval by the Planning Division. Once the exterior elevations have been reviewed and approved by the Planning Division, the exterior elevations shall be incorporated into the plan check drawings. 9. Cornices and other architectural elements shall be wrapped around to the side and rear of building facades. 10. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 11. The project shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration prepared for the project and attached to this resolution as "Exhibit C".* 12. Permitted uses within the development shall include, but not limited to, the following: "anchor" uses including major furniture show rooms with display and storage areas; smaller "specialty retail" uses including home furnishing accessories and decor stores, carpet stores, window blinds and accessories, mattress stores, and furniture stores that market via catalogs rather than through large show rooms; and other retail uses that support the primary use of the site and the surrounding area, including food uses with less than 300 square feet of public area per restaurant facility. The applicant shall submit a complete list of permitted uses to the Planning Division for review and approval prior to the occupancy of any building. Only the uses identified on the list shall be permitted within this development. 13. If parking shortages or other parking -related problems arise, the applicant shall institute appropriate measures necessary to minimize or eliminate the problem. Eng. 14. Maintain the public right-of-way in a "wet down" condition to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling. Trans.** 15. The developer shall pay to the City of Costa Mesa a fixed fee (without any future escalation) for the Sunflower/Hyland traffic signal installation in the amount of $150,000. The fee shall be due and payable no later that one year after the project begins operations or Certificate of Occupancy, whichever occurs first. *Deletion of any mitigation measures will require a finding by the decision-making body that no significant environmental impacts will be created and the Mitigated Negative Declaration is still valid. **Also a mitigation measure. EXHIBIT "C" MITIGATION MEASURES FOR R-04-03 AND PA -04-05 SOURCE: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR SOUTH COAST HOME FURNISHINGS CENTRE Air Quality AQ -1 Prior to construction of the proposed improvements, a traffic control plan will be completed that will describe in detail safe detours around the project construction site and provide temporary traffic control (i.e. flag person) during demolition debris transport and other construction related truck hauling activities. AQ -2 Site grading operations will require one of the following: • Use of aqueous diesel fuel during grading operations with a maximum of 3 scrapers, one dozer, and one water truck operating full time and a fourth scraper operating a maximum of 4.5 hours per day. • Use of oxidized diesel catalyst equipped grading equipment with a maximum of 3 scrapers, one dozer, and one water truck operating full time and a forth scraper operating a maximum of 7 hours per day. • Use ultra-low emissions diesel fuel during grading operations with a maximum of 3 scrapers, one dozer, and one water truck each day. • Reduce the grading equipment fleet or hours of operation to a maximum total of 6,450 horsepower hours per day. AQ -3 During construction of the proposed improvements, construction equipment will be properly maintained at an offsite location and includes proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction. AQ -4 During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on site for more than five minutes. AQ -5 During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on site for more than five minutes. AQ -6 During construction of the proposed improvements, on-site electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to eliminate the need for diesel powered electric generators. AQ -7 During construction of the proposed improvements only low volatility paints and coatings as defined in SCAQMD Rule 1113 shall be used. All paints shall be applied using either high volume low pressure (HVLP) spray equipment or by hand application. AQ -7a The construction contractor shall not apply more than 104 gallons of paint on any given day. AQ -8 The project proponent will contact the local transit authority and integrate a designated bus stop into the project including bus turnouts, bus shelters/benches, street lighting, and safe ingress/egress between the designated bus stop and the center. AQ -9 The project proponent will integrate into the project design internal pedestrian infrastructure including wide sidewalks, lighting, shade trees or canopies covering sidewalks, and safety design infrastructure at all pedestrian street crossings and at ingress/egress between the stores, parking spaces, bus stops, and bike paths and/or pedestrian paths that are in the project's vicinity. AQ -10 The project proponent will incorporate insulation beyond Title 24 standards into the project buildings. AQ -11 The project proponent will incorporate into the project street/public art or street furniture, and articulated storefronts and display windows with visual interest to encourage pedestrian activities. No long uninterrupted walls along pedestrian walkways are allowed. AQ -12 The project proponent will provide secure bicycle parking areas, bike paths that connect to the surrounding bicycle lanes adjacent to the project area, employee lockers, and other amenities per the City's Transportation Demand Management (TDM) Ordinance. Cultural Resources CR -1 If during construction, archeological resources are uncovered at the site, all work within 50 meters (165 feet) of the find shall cease until a qualified professional archeologist can evaluate the find. The City of Costa Mesa Development Services Department and a qualified archeologist (approved by the City of Costa Mesa) shall be immediately contacted by the project applicant, or designated representative thereof. When contacted, the representative of the City and the archaeologist shall immediately visit the site to determine the extent and significance of the resources and to record, map, and catalogue artifacts as required by standard archeological practices. CR -2 If during construction, paleontological resources are uncovered at the site, all work within 50 meters (165 feet) of the find shall cease until a qualified professional paleontologist can evaluated the find. The City of Costa Mesa Development Services Department and a qualified paleontologist (approved by the City of Costa Mesa) shall be immediately contacted by the project applicant, or designated representative thereof. When contacted, the representative of the City and the paleontologist shall immediately visit the site to determine the extent and significance of the resources, and to curate and catalogue finds in accordance with standard paleontological practices. CR -3 If human remains are unearthed during earthmoving activities, earth moving activities shall cease immediately and no further disturbance shall occur until the City's coroner has made the necessary findings as to the origin and disposition of the remains pursuant to CEQA regulations and the Public Resources Code Section 597.9. Noise