HomeMy WebLinkAbout15-61 - Approve Master Plan PA-14-27RESOLUTION NO. 15-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING MASTER PLAN PA -14-27 FOR THE PROPOSED
DEVELOPMENT OF A FOUR-STORY 224 -UNIT RESIDENTIAL APARTMENT
BUILDING (60 FEET OVERALL HEIGHT) WITH A FIVE -LEVEL PARKING
STRUCTURE (50 FEET OVERALL HEIGHT) AND SITE-SPECIFIC DENSITY OF 54
DU/ACRE LOCATED AT 2277 HARBOR BOULEVARD
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Diamond Star Associates, Inc., on behalf
of owner of real properties located at 2277 Harbor Boulevard, requesting approval of the
following:
1. Initial Study/Mitigated Negative Declaration (ISMND) (State Clearinghouse
#2015091026). Adoption of the Initial Study - Mitigated Negative Declaration (IS -
MND) for the project.
2. General Plan Amendment GP -14-04. Change the land use designation from
General Commercial to High Density Residential. Per the applicant's request,
the proposed base density is 166 units (40 du/acre) with a development incentive
for an additional 58 dwelling units to be justified by (a) provision of 20 affordable
units for moderate -income households, and (b) complete demolition of the Costa
Mesa Motor Inn. Therefore, for the 4.15 -acre project site the General Plan
Amendment would specify an overall site-specific density of 54 du/acre for the
proposed 224 -unit apartment complex and a site-specific building height for the
5 -level parking structure.
Resolution No. 15-61 Page 1 of 19
3. Rezone R-14-04. A rezone to change the zoning classification from C1 (Local
Business District) to PDR -HD (Planned Development Residential — High
Density).
4. Zoning Code Amendment CO -14-02. A zoning ordinance to amend Costa
Mesa Municipal Code Title 13 to make specific references to the parcel, where
appropriate, including the site-specific density for the development site in the
PDR -HD zone and any other related changes. The proposed 224 -unit project
would require an amendment to Table 13 58 (Planned Development Standards)
to allow a site-specific density of 54 dwelling units per acre for this project.
5. Planning Application PA -14-27. A Master Plan application for the 224 -unit
apartment project;
WHEREAS, a Master Plan application PA -14-27 is for a four-story, 224 -unit
apartment complex (60 -foot maximum height proposed) at a density of 54 dwelling units
(du's) per acre with a five -level parking structure (50 -foot maximum height proposed) with
503 parking spaces;
WHEREAS, City Council approved the Initial Study/Mitigated Negative Declaration
and adopted General Plan Amendment GP -14-04 by separate resolution to change the
land use designation of the 4.15 -acre property at 2277 Harbor Boulevard from General
Commercial to High Density Residential, and a site-specific building height for the 5 -level
parking structure;
WHEREAS, Rezone R-14-04 involves a change in the zoning district of real
property located at 2277 Harbor Boulevard from C-1 (Local Business District) to PDR -HD
(Planned Development Residential -High Density);
Resolution No. 15-61 Page 2 of 19
WHEREAS, Zoning Code Amendment CO -14-02 will amend Costa Mesa
Municipal Code Title 13 to make specific references to the parcel, where appropriate,
including the site-specific density for the development site in the PDR -HD zone and any
other related changes. The proposed 224 -unit project would require an amendment to
Table 13 58 (Planned Development Standards) to allow a site-specific density of 54
dwelling units per acre for this project.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on October 12, 2015, with all persons having the opportunity to speak and be heard for
and against the proposal.
WHEREAS, a duly noticed public hearing was held by the City Council on
November 3, 2015 with all persons provided an opportunity to speak for and against the
proposed project;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Initial Study/Mitigated Negative Declaration (IS/MND) was circulated from September 11,
2015 to October 10, 2015 for public review and comment.
WHEREAS, the City of Costa Mesa received written and verbal comments from
the general public, government entities, and other interested parties during the public
review period;
WHEREAS, the Initial Study/Mitigated Negative Declaration (IS/MND) was
prepared and identified potentially significant impacts related to air quality, hazards and
hazardous materials, and noise;
WHEREAS, the IS/MND identified appropriate measures that will mitigate the
identified impacts to a level that is less than significant;
Resolution No. 15-61 Page 3 of 19
WHEREAS the Planning Commission has reviewed the IS/MND and has found
that the proposed residential project will not have a significant negative impact on the
environment with the incorporation of the mitigation measures identified in the IS/MND;
WHEREAS the City Council finds that proposed residential project will not have a
significant negative impact on the environment with the incorporation of the mitigation
measures identified in the IS/MND;
WHEREAS, the Planning Commission, by a 5-0 vote, recommended that the City
Council approve General Plan Amendment 14-04, Zoning Code Amendment CO -14-02,
Rezone R-14-04, and Master Plan PA -14-27, by separate resolutions;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, and subject to the conditions of approval contained in Exhibit B,
and all the mitigation measures indicated in the Mitigation Monitoring Program contained
within Exhibit C, respectively, as well as with compliance of all applicable federal, state,
and local laws, the CITY COUNCIL APPROVES PA -14-27 with respect to the property
described above.
Stephen M. Mensinger, Mayor
ATTEST:
&-Wk 0sw'
Brenda Green, ity Clerk
n this 3RD day of November, 2015.
FORM:
Thomas Duarte!City Attorney
Resolution No. 15-61 Page 4 of 19
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 15-61 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
3rd day of November, 2015, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Monahan, Righeimer, Mensinger
NOES: COUNCIL MEMBERS: Genis
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 4th day of November, 2015.
ETrenda Green, qity Clerk
(SEAL)
Resolution No. 15-61 Page 5 of 19
EXHIBIT A
FINDINGS
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Finding: A compatible and harmonious relationship exists between the proposed
use and existing buildings, site development, and uses that exist or have been
approved for the general neighborhoods.
Facts in Support of Findings: With implementation of the mitigation
measures identified in the IS/MND for the proposed project, all potentially
significant environmental impacts have been reduced to less than significant
levels. With the implementation of the recommended conditions of approval,
the proposed project will be compatible and harmonious with uses that exist
within the general neighborhood. The project features quality construction and
materials. The proposal provides on-site amenities comparable with quality
residential units. The proposed parking is adequate to meet the demand for
this project.
Finding: Safety and compatibility of the design of the parking areas, landscaping,
luminaries, and other site features including functional aspects of the site
development such as automobile and pedestrian circulation have been considered.
Facts in Support of Findings: The proposed on-site parking will be sufficient
to accommodate the proposed mix of units within this project. The standard
conditions indicate payment of traffic impact fees to mitigate project -generated
traffic impacts. The project will provide adequate sight distance for vehicles at
all project drive approaches. Prior to issuance of Building Permits, the project
shall submit a Lighting Plan and Photometric Study. The project has been
conditioned to comply with these conditions; as a result, the safety and
compatibility of the project has been insured.
Finding: The use is consistent with the General Plan.
Facts in Support of Findings: The project proposes a rezone of the property
to Planned Development Residential — High Density (PDR -HD) and a Zoning
Code Text Amendment to the maximum density of 54 dwelling units per acre.
Subject to approval of the proposed rezone and text amendment, the project
complies with the City's Zoning Code as it pertains to building height,
setbacks, open space, as well as on-site parking as it pertains to on-site
parking spaces and overall project density.
Finding: The cumulative effect of all the planning applications have been
considered.
Resolution No. 15-61 Page 6 of 19
Facts in Support of Findings: The cumulative effects of General Plan
Amendment GP -14-04, Zoning Code Amendment CO -14-02, Rezone R-14-
04, and Master Plan PA -14-27 have all been considered for this project and
no significant impacts were identified.
B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(5)
because:
Finding: The Master Plan meets the broader goals of the General Plan and the Zoning
Code by exhibiting excellence in design, site planning, and integration of uses and
structures and protection of the integrity of neighboring development.
Facts in Support of Findings: The Master Plan application is for the
proposed development of a four-story 224 -unit residential apartment building
(60 feet overall height) that wraps around a five -level parking structure
(50 feet overall height) with 503 parking spaces in the parking structure with
a deviation to allow a five -level parking structure (maximum 4 levels allowed).
With regard to the master plan, the following is noted:
The project features quality construction and materials. The building design and
roof elements reflect a modern style, i.e., characterized by simplified square and
rectangular building forms with a variety of flat planes, projections, and recesses.
The exterior consists of alternating finishes, including white smooth stucco finish,
limestone finish, metal finish, and clear glass windows. Additional accents will
be provided along building elevations, and replacement of the existing block
wall/razor wire fence will be provided with a decorative 6 -foot block wall along
the west and south property lines. Landscaping throughout the proposed
project will include drought tolerant landscape materials.
The proposal provides on-site amenities comparable with quality residential
developments. The proposed project is designed as a high-quality apartment
development with multiple amenities. The proposed residential amenities
include a two-story fitness center gym and recreation room, business center and
computer library center, internet cafe, multi-purpose room with surround sound
theater, and indoor/outdoor lounge and fireplace. Also provided will be four
passive and active courtyards, including one with a pool and spa. A passive dry
creek linear park is proposed along the 20 -foot wide setback running along the
north and west property lines. The park will provide a variety of features,
including a 4 -foot decomposed granite pathway for walking, benches along the
pathway for sitting, exercise stations, and dog waste stations for dog -walkers.
The proposed project meets the parking requirements per the Zoning Code. The
project proposes a new 5 -level parking structure for 503 covered parking
spaces. The parking structure provides for subterranean parking for a portion of
guest spaces, and includes privacy gates for added security. The 5 -level
structure will be wrapped around on three sides (excluding south elevation) by
Resolution No. 15-61 Page 7 of 19
the proposed apartment building, and a welded wire mesh grid system that
supports the growth of landscape vines, and woven metal wire cloth will be used
for screening the 5 -level parking structure.
The project has been designed to be compatible with the surrounding uses in
the area and future apartment tenants will be notified of the existing uses in the
vicinity of this project. The project has been designed as a self-contained
residential community with on-site amenities as discussed above. The
architectural style of the building, with its clean modern lines, glass, wood and
metal accents, is visually compatible with the architecture of the surrounding
commercial area.
The proposed development incentive is iustified by the inclusion of twenty
affordable housing units for moderate -income households, the demolition of the
existing structures, and the construction of 224 units of housing. According to
the applicant, the density increase from a base density of 40 dwelling units/acre
to 54 dwelling units/acre will make it financially feasible for the owner to
redevelop the site. The development incentive is necessary to enable physical
construction of the 224 -unit apartment project, which will replace an aging, 236 -
unit motel that includes non -conforming long-term residential uses within a
commercial zone. In addition to demolishing the existing structures and
replacing them with a modern, high-quality apartment project, the property
owner is designating 20 moderate -income household units that will provide
livable market -rate and affordable units that will accommodate long term
residency.
The proposed project provides a public benefit by replacinq a non -conforming
use that has served as a long-time nuisance property with a modern, high-quality
residential apartment building including a portion reserved for affordable
housing. The proposed project replaces an aging 236 -unit motel that includes
non -conforming long-term residential uses within a commercial zone. Over the
past 3 years, the motel has generated 372 calls for Fire service between 2012
and 2014; including 126 calls in 2012; 151 calls in 2013; and 95 calls in 2014.
For Police services, the motel has generated 1,508 calls between 2012 and
2014, including 560 calls in 2012; 550 calls in 2013; and 398 calls in 2014. To
date for 2015, there have been 264 Police service calls. This has resulted in a
disproportionate amount of city resources dedicated to resolving public safety
issues at this single property. The proposed project replaces the functionally
obsolete building with 224 apartment units, including 20 units of dedicated
affordable housing for moderate income households, which will provide the City
with new, amenity -rich housing stock to satisfy the significant market demand.
C. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures.
An Initial Study/Mitigated Negative Declaration was prepared for the proposed
project, pursuant to the California Environmental Quality Act. Although the proposed
project could have a significant effect on the environment, mitigation measures have
Resolution No. 15-61 Page 8 of 19
been included as conditions of approval that reduce impacts to the fullest extent
reasonable and practicable.
D. 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.
E. The rear building of this development is at an excessive distance from the street, but
the plan does not lend itself to fire apparatus access or placement of an on-site fire
hydrant. Problems associated with the depth of buildings on the property can be
somewhat reduced by installation of a standpipe system and a residential sprinkler
system.
Resolution No. 15-61 Page 9 of 19
EXHIBIT B
CONDITIONS OF APPROVAL FOR PA -14-27
Ping. 1. The approval of Master Plan PA -14-27 shall be contingent upon City
Council's final approval of General Plan Amendment GP -14-04, Rezone
R-14-04, and Zoning Code Amendment CO -14-02.
2. Final Master Plan PA -14-27 shall comply with the conditions of approval,
code requirements, special district requirements, and mitigation measures
of the IS/MND for this project and as listed in the attached Mitigation
Monitoring Program (Exhibit C).
3. Mitigation measures from the IS/MND for this project have been included
as Exhibit C. If any of these conditions are removed, the City Council must
make a finding that the project will not result in significant environmental
impacts, that the conditions are within the responsibility of another public
agency, or that specific economic, social, or other considerations make the
mitigation measures infeasible.
4. The conditions of approval including Mitigation Measures incorporated by
reference in these Conditions of Approval as Exhibit C, code requirements,
and special district requirements of PA -14-27 shall be blueprinted on the face
of the site plan as part of the plan check submittal package
5. A parking management plan shall be submitted to the Development Services
Director and the Transportation Services Manager prior to final occupancy of
the building. The parking management plan shall denote the following:
a. Method of allocation of assigned parking.
b. Location of visitor parking, including appropriate signage.
c. Location of security gates, if any, and how gates will be operated.
d. Location of employee parking.
e. Provide proof of a contract with a towing service to enforce the parking
regulations if parking problems arise.
6. No modification(s) of the approved building elevations including, but not
limited to, changes that increase the building height, removal of building
articulation, or a change of the finish material(s), shall be made during
construction without prior Planning Division written approval. This includes
use of exterior finish materials, as shown Sheet A3.00 of Attachment 12.
Failure to obtain prior Planning Division approval of the modification could
result in the requirement of the applicant to (re)process the modification
through a discretionary review process such as a minor design review or a
variance, or in the requirement to modify the construction to reflect the
approved plans.
7. The subject property's ultimate finished grade level may not be filled/raised
in excess of 30 inches above the finished grade of any abutting property.
If additional fill dirt is needed to provide acceptable on-site storm water flow
to a public street, an alternative means of accommodating that drainage
shall be approved by the City's Building Official prior to issuance of any
grading or building permits. Such alternatives may include subsurface tie-
in to public storm water facilities, subsurface drainage collection systems
Resolution No. 15-61 Page 10 of 19
and/or sumps with mechanical pump discharge in -lieu of gravity flow. If
mechanical pump method is determined appropriate, said mechanical
pump(s) shall continuously be maintained in working order. In any case,
development of subject property shall preserve or improve the existing
pattern of drainage on abutting properties. Applicant is advised that
recordation of a drainage easement across the private street may be
required to fulfill this requirement.
8. The developer shall contact the Planning Division to arrange a Planning
inspection of the site prior to the release of occupancy. This inspection is
to confirm that the Planning Division conditions of approval and code
requirements have been satisfied.
9. 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.
10. Prior to issuance of building permits, developer shall contact the U.S.
Postal Service with regard to location and design of mail delivery facilities.
Such facilities shall be shown on the site plan, landscape plan, and/or floor
plan.
11. The project shall incorporate green building design and construction
techniques where feasible; CAL Green Code or higher as determined by
applicant. The applicant may contact the Building Safety Division at (714)
754-5273 for additional information.
12. No exterior roof access ladders, roof drain scuppers, or roof drain
downspouts are permitted. This condition relates to visually prominent
features of scuppers or downspouts that not only detract from the
architecture but may be spilling water from overhead without an integrated
gutter system which would typically channel the rainwater from the
scupper/downspout to the ground. An integrated downspout/gutter system
which is painted to match the building would comply with the condition.
This condition shall be completed under the direction of the Planning
Division.
13. Permits shall be obtained for all signs according to the provisions of the Costa
Mesa Sign Ordinance. Freestanding signs shall be subject to review and
approval by the Planning Division/Development Services Director to ensure
compatibility in terms of size, height, and location with the proposed/existing
development, and existing freestanding signs in the vicinity.
14. All proposed signage must conform to residential sign regulations per
Zoning Code.
15. Demolition permits for existing structures shall be obtained and all work and
inspections completed prior to final building inspections. Developer is
notified that written notice to the Air Quality Management District may be
required ten (10) days prior to demolition.
16. Prior to final inspection, the applicant shall demolish existing block wall with
razor fencing along the south and west property lines, as well as any
existing wall/fencing along the neighboring commercial property abutting
Resolution No. 15-61 Page 11 of 19
the northeasterly portion of the development lot, and replace with a 6 -foot
high decorative block wall under the direction of Planning staff. Metal
fencing is permitted along north and east perimeter of development lot that
abuts the existing bike trail and Harbor Boulevard only. Where walls on
adjacent properties already exist, the applicant shall work with the adjacent
property owner(s) to prevent side-by-side walls with gaps in between them
and/or provide adequate privacy screening by trees and landscaping.
17. Developer shall submit a detailed Landscape Plan for the public and private
open spaces, for review and approval by the Development Services
Department, prior to any construction landscape improvements. The plan
shall include all decorative hardscape and landscape improvements as
shown on the conceptual plans to provide visual relief for the project from the
street. Final materials shall be subject to approval by the Planning Division.
18. Perimeter landscaping shall be planted with trees and vegetation. The
landscape plan shall be approved prior to issuance of building permits and
shall contain additional 24 -inch box trees above the minimum Code
requirements to the satisfaction of the Development Services Director.
Compliance with this requirement may include upgrading smaller sized trees
to 24 -inch box trees or providing additional 24 -inch box trees. Existing
mature trees shall be retained wherever possible. Should it be necessary to
remove existing trees, the applicant shall submit a written request and
justification to the Planning Division. A report from a California licensed
arborist may be required as part of the justification. Replacement trees shall
be of a size consistent with trees to be removed and may be required on a
1:1 basis, unless otherwise approved by the Planning Division. This
requirement shall be completed under the direction of the Planning Division.
19. Prior to issuance of first certificate of occupancy for the first unit, an
Affordable Housing Agreement for the twenty affordable units for moderate -
income households shall be finalized, executed, and recorded against the
property. The Affordable Housing Agreement shall be in form and substance
as approved by the City Attorney's office to specifically address the terms,
conditions, and covenants on the affordable housing units.
20. Prior to issuance of grading permits, developer shall identify to the
Development Services Director a construction relations officer to act as a
community liaison concerning on-site activity, including resolution of issues
related to dust generation from grading/paving activities.
21. Prior to issuance of grading permits, developer shall submit for review and
approval a Construction Management Plan. This plan features methods to
minimize disruption to the neighboring uses to the fullest extent that is
reasonable and practicable. The plan shall include construction parking
and vehicle access and specifying staging areas and delivery and hauling
truck routes. The plan should mitigate disruption to businesses during
construction. The truck route plan shall preclude truck routes through
residential areas and major truck traffic during peak hours. The total truck
trips to the site shall not exceed 200 trucks per day (i.e., 100 truck trips to
Resolution No. 15-61 Page 12 of 19
Resolution No. 15-61 Page 13 of 19
the site plus 100 truck trips from the site) unless approved by the
Development Services Director or Transportation Services Manager.
22.
Prior to issuance of building permits, the building plans shall demonstrate
that all units are equipped with a mechanical ventilation system that will
properly filter the indoor air. The ventilation system can be a component of
the air conditioning system with the distinction being that clean, ventilated
air flow does not necessarily need coolant.
23.
Design, grading, and construction shall be performed in accordance with
the requirements of the California Building Code applicable at the time of
grading as well as the appropriate local grading regulations, and the
recommendations of the project geotechnical consultant as summarized in
a final written report, subject to review by the City of Costa Mesa Building
official prior to issuance of grading permits.
24.
Developer shall defend, indemnify, and hold harmless the City, its elected
and appointed officials, agents, officers and employees from any claim,
action, or proceeding (collectively referred to as "proceeding") brought
against the City, its elected and appointed officials, agents, officers or
employees arising out of (1) City's approval of the project, including but not
limited to any proceeding under the California Environmental Quality Act.
The indemnification shall include, but not be limited to, damages, fees
and/or costs awarded against the City, if any, and cost of suit, attorney's
fees, and other costs, liabilities and expenses incurred in connection with
such proceeding whether incurred by the applicant, the City and/or the
parties initiating or bringing such proceeding. This indemnity provision shall
include the applicant's obligation to indemnify the City for all the City's
costs, fees, and damages that the City incurs in enforcing the
indemnification provisions set forth in this section.
25.
A "Notice to Tenants" shall disclose the surrounding commercial uses in
the area, including but not limited to, the existing communication towers
adjacent to the development lot, and operational characteristics, such as
hours of operation, delivery schedules, outdoor activities, noise, and odor
generation of neighboring businesses. The Tenant Notice shall be
reviewed/approved by the City Attorney's office and Development Services
Director prior to issuance of building permits and shall be included as a
reference document in the Tenants' Lease Agreement. The Tenant's
Notice shall serve as written notice of the existing communication towers,
noise environment and any odor -generating uses within the vicinity of the
project.
26.
If the project is constructed in phases, perimeter fences/walls, landscaping
along the frontages, and irrigation shall be installed prior to completion of
the first phase.
PC 27.
The applicant shall implement the Long -Term Occupant Relocation
Assistance Plan, as described in Exhibit B1, prior to issuance of building
permit. An action report, indicating the relocation of long-term occupants,
shall be submitted and approved to the satisfaction of the Development
Services Director.
Resolution No. 15-61 Page 13 of 19
Parks/ 28.
Provide street tree for Harbor Blvd including Crape myrtle, Lagerstroemia
Pkwys
fauriei, (color to be determined by applicant) in a varietals including
Muskogee, Tuscarora or Natchez Street is jacaranda mimosifolia. As
alternate Queen Palms would be allowed.
Eng. 29.
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.
30.
Protect wrought iron fence and landscaping on the north side of the
property within the City's bike trail.
31.
A "Hold Harmless Agreement" to tie to the City storm drain system will be
required prior to obtaining a permit from the City of Costa Mesa,
Engineering Division.
32.
Submit a request to the City of Costa Mesa Public Services Department to
vacate the 12 foot alley on the north side of the property and maintain utility
easements.
33.
Obtain a permit from the City of Costa Mesa, Engineering Division, at the
time of development and then construct a 6 -foot P.C.C. sidewalk per City
of Costa Mesa Standards adjacent to the property line as shown on the
Offsite Plan, including four (4) feet clear around obstructions in the
sidewalk. The parkway between the curb and sidewalk shall be landscaped
per City of Costa Mesa Public Services direction.
CODE REQUIREMENTS FOR PA -14-27
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City" pertains to the City
of Costa Mesa.
Ping. 1. All contractors and subcontractors must have valid business licenses to
do business in the City of Costa Mesa. Final inspections, final occupancy
and utility releases will not be granted until all such licenses have been
obtained.
2. All noise -generating construction activities shall be limited to 7 a.m. to 7 p.m.
Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -generating
construction activities shall be prohibited on Sunday and the following
Federal holidays: New Years Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
3. Development shall comply with all requirements of Article 1, Chapter 5, and
Article 9, Chapter 5 of Title 13 of the Costa Mesa Municipal Code relating
to development standards for multi -family residential projects.
4. Developer shall pay any applicable park impact fee or dedicate parkland
to meet the demands of the proposed development. As of November 30,
2015, the new park impact fee is calculated at $5,000 per new multi -family
dwelling unit.
5. Street address shall be visible from the public street and shall be
displayed on the complex identification sign. If there is no complex
Resolution No. 15-61 Page 14 of 19
identification sign, the street address may be displayed on the fascia
adjacent to the main entrance or on another prominent location. Street
address numerals shall be a minimum six (6) inches in height with not
less than one -half-inch stroke and shall contrast sharply with the
background. Identification of individual units shall be provided adjacent to
the unit entrances. Letters or numerals shall be four (4) inches in height
with not less than one -fourth -inch stroke and shall contrast sharply with
the background.
6. Parking stalls shall be double -striped in accordance with City standards.
7. Driveway ramp slope shall comply with the standards contained in the City's
parking ordinance.
8. All new on-site utility services shall be installed underground.
9. Installation of all new utility meters shall be performed in a manner so as
to obscure the installation from view from any place on or off the property.
The installation shall be in a manner acceptable to the public utility and
shall be in the form of a vault, wall cabinet, or wall box under the direction
of the Planning Division.
10. Any mechanical equipment such as air-conditioning equipment and duct
work shall be screened from view in a manner approved by the Planning
Division.
11. The project shall be subject to the submission of legal instruments setting
forth a plan or manner of permanent care and maintenance of all common
open space and other facilities provided in the final development plan.
12. All landscaped areas shall be separated from paved vehicular areas by 6 -
inch high continuous Portland Cement Concrete curbing.
13. The parking structure shall be landscaped per the provisions of Costa Mesa
Municipal Code Section 13-105(4) - Parking Structure Landscape
Requirements.
14. Two (2) sets of detailed landscape and irrigation plans, which meet the
requirements set forth in Costa Mesa Municipal Code Sections 13-101
through 13-108 and the City's Water Efficient Landscape Guidelines, shall
be required as part of the project plan check review and approval process.
Plans shall be forwarded to the Planning Division for final approval prior to
issuance of building permits. The two (2) sets of landscape and irrigation
plans shall be attached to two of the final building plan sets.
15. Landscaping and irrigation shall be installed in accordance with the
approved plans prior to final inspection or occupancy clearance.
16. 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.
17. If present and/or projected exterior noise exceeds 60 CNEL, California
Noise Insulation Standards, Title 25, California Code of Regulations require
a maximum interior noise level of 45 CNEL for residential structures. If
required interior noise levels are achieved by requiring that windows be
unopenable or closed, the design for the structure must also specify the
Resolution No. 15-61 Page 15 of 19
means that will be employed to provide ventilation and cooling if necessary,
Resolution No. 15-61 Page 16 of 19
to provide a habitable interior environment.
18.
In compliance with the City's mitigation monitoring program, the applicant
shall submit a compliance report to the Planning Division along with plans
for plan check or prior to commencement of the project's activity if no
construction is involved, that lists each mitigation measure and states when
and how the mitigation measures are to be met.
Bldg. 19.
Comply with the requirements of the 2013 California Building Code, 2013
California Residential Code, California Electrical Code, California
Mechanical Code, California Plumbing Code, California Green Building
Standards Code and 2013 California Energy Code (or the applicable
adopted California Building Code, California Residential Code,
California Electrical Code, California Mechanical Code, California
Plumbing Code, California Green Building Standards and California
Energy Code at the time of plan submittal or permit issuance) and
California Code of Regulations also known as the California Building
Standards Code, as amended by the City of Costa Mesa.
20.
This project shall comply with the in -Building Public Safety Radio System
Coverage per Section 5-130 to 5-137 of the Costa Mesa Municipal Code.
At plan check submittal 6 copies of an in -building Public Safety Radio
System Coverage report (Radio System Report) shall be submitted to
the Building and Safety Division. The Radio System Report shall be
certified by an FCC licensed radio technician as provided by the property
owner/applicant. The technician is required by Section 5-133 to conduct
initial tests and shall be employed by the owner, the engineer or architect
of record, or agent of the owner, but not by the contractor or any other
person responsible for the work.
21.
The ground immediately adjacent to the foundation shall be sloped away
from the building at a slope of not less than 5% for a minimum of 10 feet
measured perpendicular to the face of the wall. CBC 1803.3., unless
otherwise approved by the City Engineer and allowed by the soils engineer.
22.
Projections, including eaves, shall be one-hour fire resistive construction,
heavy timber or of noncombustible material if they project into a 5 -foot
setback area from the property line. They may project a maximum of 12
inches beyond the 3 -foot setback. CRC Tables R302.1(1) and R302.1(2).
23.
Submit a soils report for this project. Soil's Report recommendations shall
be blueprinted on both the architectural and the precise grading plans. If
applicable to this project the soil's report shall address how the new slop
shall be maintained to avoid any future failure.
24.
Show compliance with Chapter 11A and 11 B of the 2013 California Building
Code.
25.
On graded sites the top of exterior foundation shall extend above the
elevation of the street gutter at point of discharge or the inlet of an approved
discharge device a minimum of 12 inches plus 2 percent. 2010 California
Residential Code Section R403.1.7.3. 2013 California Building Code CBC
1808.7, unless otherwise approved by the City Engineer.
Resolution No. 15-61 Page 16 of 19
26.
Submit a precise grading plans, an erosion control plan and a hydrology
study.
27.
Priorto or concurrent with the submittal of plans for plan check, the applicant
shall prepare and submit documentation for compliance with the State
Water Resources Control Board (SWRCB) Water Quality Order 99-08-
DWQ; National Pollutant Discharge Elimination System (NPDES) Permit
No. CAS000002 for Storm Water Discharges Associated with Construction
Activity (General Permit); the California Regional Water Quality Control
Board (RWQCB) Santa Ana Region Order No. R8-2002-0010 and NPDES
Permit No. CAS618030; and, the City of Costa Mesa Ordinance No. 97-20
for compliance with NPDES Permit for the City of Costa Mesa. Such
documentation shall include a Water Quality Management Plan (WQMP)
identifying and detailing the implementation of the applicable Best
Management Practices (BMPs).
Eng. 28.
For demolition, grading, or building permits involving projects with a
valuation of $10,000 or more, the contractor shall use a City -permitted
hauler(s) to haul any debris or solid waste from the job site (refer to Section
8-83(h), Regulations, of Title 8 of the Costa Mesa Municipal Code). Use of
a City -permitted hauler for such projects is the responsibility of the
designated contractor. Non-compliance is subject to an administrative
penalty as follows: $1,000 or 3% of the total project value, whichever is
greater.
29.
At the time of development submit for approval an Offsite Plan to the
Engineering Division and Grading Plan to the Building Division that shows
Sewer, Water, Existing Parkway Improvements and the Limits of work on the
site, and hydrology calculations, both prepared by a registered Civil
Engineer or Architect. Construction Access approval must be obtained prior
to Building or Engineering Permits being issued by the City of Costa Mesa.
Pay Offsite Plan Check fee per Section 13-231 of the C.C.M.M.C. and an
approved Offsite Plan shall be required prior to Engineering Permits being
issued by the Cit of Costa Mesa.
30.
Obtain a permit from the City of Costa Mesa, Engineering Division, at the
time of development and then construct P.C.C. driveway approaches per
City of Costa Mesa Standards as shown on the Offsite Plan. Location and
dimensions are subject to the approval of the Transportation Services
Manager. ADA compliance required for all new driveway approaches.
31.
Obtain a permit from the City of Costa Mesa, Engineering Division, at the
time of development and then remove any existing driveways and/or curb
depressions that will not be used and replace with full height curb and
sidewalk at applicants expense.
32.
Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements prior
to approval of plans.
33.
The storm runoff study shall show existing and proposed facilities draining
directly to the flood control channel adjacent to the property.
34.
Obtain an encroachment permit from the Engineering Division for any work
in the City public right-of-way. Pay required permit fee & cash deposit or
Resolution No. 15-61 Page 17 of 19
surety bond to guarantee construction of off-site street improvements at
time of permit per section 15-31 & 15-32, C.C.M.M.C. as approved by City
Engineer. Cash deposit or surety bond amount to be determined by City
Engineer. In order to comply with the 2003 Drainage Area Management
Plan (DAMP), the proposed Project shall prepare a Water Quality
Management Plan conforming to the Current National Pollution Discharge
Elimination System (NPDES) and the Model WQMP, prepared by a
Licensed Civil Engineer or Environmental Engineer, which shall be
submitted to the Department of Public Works for review and approval.
a) A WQMP (Priority or Non -Priority) shall be maintained and updated
as needed to satisfy the requirements of the adopted NPDES program. The
plan shall ensure that the existing water quality measures for all improved
phases of the project are adhered to.
Resolution No. 15-61 Page 18 of 19
b) Location of BMPs shall not be within the public right-of-way.
Trans. 35.
Fulfill mitigation of off-site traffic impacts at the time of issuance of Certificate
of Occupancy by submitting to the Transportation Division the required
Traffic Impact Fee pursuant to the prevailing schedule of charges adopted
by the City Council. The Traffic Impact Fee is calculated based upon the
average daily trip generation 232 net trip ends for the proposed project and
includes a credit for any previously existing use. At the current rate the
Traffic Impact Fee is estimated at: $41,992.00. NOTE: The Traffic Impact
Fee will be recalculated at the time of issuance of Certificate of Occupancy
based upon any changes in the prevailing schedule of charges adopted by
the City Council and in effect at that time.
36.
Developer will be fully responsible for the design and implementation
(construction) of median modifications along Harbor Boulevard to restrict
left -turn in and out of the project site. The modification shall include the
construction of a raised median diverter. The median modifications will
include addition and removal of landscaping where applicable.
37.
Developerwill be fully responsible for the design and construction of median
modification at the intersection of Harbor Boulevard/Harbor Center to
provide a U-turn lane in the northbound direction.
38.
Developer will be fully responsible for the design and construction of signal
modification at the intersection of Harbor Boulevard/Harbor Center to
accommodate the U-turn phase.
39.
Submit a fully dimensioned parking structure plan. Plan must include
parking stall dimensions and aisle widths per City Parking Standards. All
ramps must comply with the City Ramp Slope Standards. A preliminary
parking structure plan must be reviewed by Transportation Services PRIOR
to building plan check submittal.
40.
Close unused drive approaches with full height curb and gutter per City
Standards.
41.
Construct commercial driveway approach(es) at location(s) specified on
submitted site plan off Harbor Blvd.
Resolution No. 15-61 Page 18 of 19
Fire 42.
43.
44.
45.
46.
47.
48.
49.
50.
Provide Emergency responder radio coverage complying with In -Building
Public Radio System, CMMC and 510, California Fire Code, 2013. Show
location of radio system control panel.
Project construction shall comply with Chapter 33, California Fire Code,
2013.
Provide minimum 12 -inch (Building) and 4 -inch (Unit) address. Addresses
shall contrast with their background. Show building address on plan.
Provide Class I Wet Standpipes in all stairs.
Provide 2 -hour fire -rated stair enclosures.
Provide Fire Alarm System per CFC, 2010.
Provide Automatic Fire Sprinkler System per NFPA 13
Provide on-site Fire Hydrants and Access per approved Fire
Provide one (1) Public Fire Hydrant and Fire Department
located between drive along Harbor Boulevard at dire
Department.
SPECIAL DISTRICT REQUIREMENTS FOR PA -14-27
Master Plan.
Connection
ction of Fire
The requirements of the following special districts are hereby forwarded to the applicant:
Sani 1. It is recommended that the developer contact the Costa Mesa Sanitary
District at (949) 645-8400 to obtain Sanitary District requirements.
AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-7664
for potential additional conditions of development or for additional permits
required by the district.
School 3. Pay applicable Newport Mesa Unified School District fees to the Building
Division prior is issuance of building permits.
State 4. Comply with the requirements of the California Department of Food and
Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the
property prior to any soil movement or excavation.
Water 5. Customer shall contact the Mesa Water District — Engineering Desk and
submit an application and plans for project review. Customer must obtain
a letter of approval and a letter of project completion from Mesa Water
District.
Resolution No. 15-61 Page 19 of 19
EXHIBIT B-1
to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Assistance
Costa Mesa Motor Inn
2270 Harbor Boulevard, Costa Mesa
This Exhibit B-1 sets forth the Moving Plan/Relocation Assistance Plan for Long -Term
Occupants at the Costa Mesa Motor Inn motel ("CMMI" or "Motel") as revised per the direction
and action of the Costa Mesa City Council ("City Council") for Master Plan for the Project PA -14-
27 ("Project"), in particular Condition # 27, that was approved by the City Council of the City of
Costa Mesa ("City") on November 3, 2015, and provides:
"27. The applicant shall implement the Long -Term Occupant Relocation Assistance
Plan, as described in [this] Exhibit 61, prior to issuance of building permit. An action
report, indicating the relocation of long-term occupants shall be submitted and approved
to the satisfaction of the Development Services Director."
The Property Owner has one year, until November 3, 2016, to commence construction of the
new 224 -unit apartment Project under the time limits set forth in the Costa Mesa Municipal
Code, Title 13, Chapter 3 ("CMMC"); and, thereunder and thereafter, also under the CMMC the
Property Owner may make application to the City Council for an extension for a successive one-
year period upon showing good cause. As of November 3, 2015, the Property Owner plans to
close the Motel on Monday, August 1, 2016, cause the existing improvements to be demolished
and thereafter for construction of the Project to commence in the fourth quarter of 2016 or as
expeditiously as possible thereafter; provided however, such timing may be subject to an order
of stay, if any, that could be issued by a court of competent jurisdiction delaying undertaking of
the Project.
In this regard, the City and Property Owner acknowledge that on December 8, 2015 a legal
action was filed in Orange County Superior Court, Case No. 30-2015-00824266-CU-WM-CXC,
entitled: Phillip A. Luchesi and Karen S. Luchesi, as Petitioners and Plaintiffs, V. City of Costa
Mesa, City Council of the City of Costa Mesa, et al, as Respondents and Defendants and
Miracle Mile Properties, LP, Diamond Star Associates, Inc., et al, as Real Parties in Interest
("Luchesi Action"); and, on January 28 a second legal action was filed in Orange County
Superior Court. Case No. 30-2016-00832585-CU-WM-CJC, entitled: The Kennedy
Commission; Mehrnoosh Barimani; Timothy Dadey; Denise Riddell; and Patricia Wagner, as
Petitioners and Plaintiffs, v. City of Costa Mesa, City Council of the City of Costa Mesa, et al, as
Respondents and Defendants, and Miracle Mile Properties, LP, Diamond Star Associates, Inc.,
et al, as Real Parties in Interest ("Kennedy Commission Action", and together with Luchesi
Action, the "Actions").
The Property Owner proposed during the City of Costa Mesa's review of the application for
the Project, and the City imposed as a condition of approval of the Entitlement for the
Project, a Moving Plan/Relocation Assistance Plan for Long -Term Occupants at the Motel by
which Property Owner at its sole expense, and its sole legal and financial responsibility, will
carry out the following Moving Plan/Relocation Assistance Plan.
DOCSOC/1729959v7/200409-0010
EXHIBIT B-1 to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Advisory Services
Page 2
Definitions
a. Long -Term Occupant or Long -Term Occupants: persons or households who
have been in lawful occupancy of a motel unit at the Motel for thirty (30) consecutive
days or more prior to February 1, 2016, which date shall be the date of issuance of
the "Notice of Motel Closure/Lease Termination" by the Property Owner (as defined
below).
b. Short -Term Occupant or Short -Term Occupants: persons or households who
have occupied a motel room at the Motel as a transient guest for less than thirty (30)
consecutive days as of February 1, 2016. The Short -Term Occupants shall be
issued a Notice of Closure of Motel that informs them that the Motel will close on
August 1, 2016 and provides any other information or notice required by applicable
laws for transient guests at a motel in California.
C. Property Owner: Miracle Mile Properties, LP and its successor(s) in interest.
d. Notice of Motel Closure/Lease Termination: The written notice delivered to
each and all of the occupant households/persons at the Motel (both the Long -Term
Occupants and the Short -Term Occupants) by or on behalf of the Property Owner,
which Notice shall be issued on February 1, 2016 and shall include all information
and noticing required by the California Civil Code and other applicable laws for
notice and termination of a residential tenancy. This Notice shall inform each and all
occupants of not less than the following information: (i) the Motel will be ceasing
operations on September 1, 2016; (ii) their tenancy will be terminating at a date not
sooner than April 1, 2016 (60 days from February 1, 2016), however, at their choice,
the household may (A) move out of their unit as early as February 15, 2016 as
described in and subject to Section 3.b.(i)(A) below, or (B) continue in occupancy up
to but in no event later than through Sunday, July 31, 2016 so long as they remain in
lawful occupancy of their Motel unit, with no rent in arrears and in compliance with
their rental agreement; (iii) delivery of the Notice shall occur in compliance with
applicable California laws relating to termination of a residential tenancy; (iv) a copy
of the Notice may be placed inside the Motel room, but legal notice and termination
of tenancy must satisfy (ii) and (iii) above; (iv) as to the notices to Long -Term
Occupants there shall be referral and contact information for the Relocation
Consultant; and (5) any other information that Property Owner may choose to
provide to the person or household particular to their tenancy.
e. Motel and CMMI: Costa Mesa Motor Inn a 236 -unit motel located at
2277 Harbor Boulevard, Costa Mesa, CA.
f. Moving Payment: the amount of the total stipend for each Long -Term
Occupant household based on the conditions detailed in Section 3 below.
g. Relocation Consultant: an independent, experienced professional consultant
or company retained and paid by the Property Owner to provide moving and
relocation advisory assistance along with coordination of obtaining and delivering
DOCSOC/1729959v7/200409-0010
EXHIBIT B-1 to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Advisory Services
Page 3
Moving Payment checks to the Long -Term Occupants at the Motel upon their move -
out from the Property. The Relocation Consultant shall assist each Long -Term
Occupant household, as and if willing to accept such assistance, in their move from
the Motel to decent, safe and sanitary housing at another location. No Long -Term
Occupant is required to accept advisory assistance or a Moving Payment. The
invoices for services of the Relocation Consultant are not eligible to be paid from the
Supplemental Payment Account, but are and shall remain the separate financial
responsibility of the Property Owner. The Relocation Consultant may be one or
more of the Non -Profit organizations described in h. below.
h. Supplemental Payment Account: a cash amount of $200,000 that the
Property Owner offered to, and shall be either: (i) deposited into an escrow account
opened by Property Owner ("Escrow Account') pnd administered by the Relocation
Consultant, and/or (ii) deposited into the Escrow Account and administered in
cooperation between and among Property Owner, the Relocation Consultant and
one or more non-profit corporation(s) or faith -based organization(s) experienced in
affordable housing and assisting persons in searching for, making application to, and
moving to suitable housing ("Non -Profit'). The monies in the Escrow Account shall
be administered and stipends issued to Long -Term Occupants, as and if eligible, in
conformity with this Exhibit B-1.
Property Owner shall establish the Escrow Account and deposit the $200,000 into
escrow. The Supplemental Payment Account, and all funds released from such
account, shall be managed and expended equitably, fairly and on a case-by-case
basis relating to the special needs, if any, of a Long Term Occupant household as
described in 3.(a)(i) below to assist a Long -Term Occupant household in his/her/their
move from the Motel and into decent, safe and sanitary housing at another location.
For example only, a Long -Term Occupant might request payment and provide
supporting documentation for a stipend from the Supplemental Payment Account to
pay their direct moving expenses for a self -move (e.g., U -Haul) or to pay for certain
basic furnishings if moving from the Motel to unfurnished housing.
The administration of the Supplemental Payment Account is not, and shall not be in
any manner construed to be or become, a public program; the monies will be funded
by the Property Owner into the Escrow Account for reasons of oversight and
independent administration by and among the Property Owner, the Relocation
Consultant and, as applicable, the Non -Profit, so that the funds are remitted fairly
and equitably for good cause on a case-by-case basis to the Long -Term Occupants
that move from the Motel to decent, safe and sanitary housing at another location.
By February 1, 2016 the Property Owner shall cause the opening of the Escrow
Account with an institutional lender, escrow company or other duly licensed escrow
officer and shall deposit the $200,000 into the Escrow Account and this Exhibit B-1
may serve as basic instructions therefor.
DOCSOC/1729959v7/200409-0010
EXHIBIT B-1 to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Advisory Services
Page 4
If funds remain in the Supplemental Payment Account after all occupants have
vacated the Property and eligible Long -Term Occupants have availed themselves of
the Relocation Advisory Services, then the balance, if any, shall be returned to the
Property Owner by the escrow officer, as applicable.
2. Relocation Advisory Services: Property Owner shall retain and pay for the
Relocation Consultant to provide advisory assistance to each and all Long -Term Occupants
to facilitate each household's move from the Motel to decent, safe and sanitary housing at
another location. If one or more Non -Profit organizations also are participating in facilitating
the moves of the Long -Term Occupants to suitable housing in addition to the Relocation
Consultant, then the Property Owner and Relocation Consultant shall cooperate in good
faith with the Non-Profit(s).
a. The Relocation Consultant shall have available, bi-lingual persons to assist in
providing advisory services in a language understood by the head of household for
each Long -Term Occupant household.
b. The Relocation Consultant shall provide advisory assistance to Long -Term
Occupants in connection with their moving from the Motel to decent, safe and
sanitary housing at another location.
C. The Relocation Consultant shall gather housing referrals and prepare housing
resource information to facilitate the search for an available housing unit to move to
directly from the Motel.
i. Relocation Consultant shall cooperate and assist with brokers, agents,
and apartment owner representatives relating to the rental agreement or
lease negotiations for the housing unit that the Long -Term Occupant intends
to move to upon moving from the Property.
d. The Relocation Consultant shall provide housing counseling, including:
i. Conducting personal interviews with each Long -Term Occupant
household to determine their housing needs, including household size, ages,
special needs, need for proximity to public transportation, their employment,
public schools for minor children and other household specific information to
assist the Relocation Consultant in providing relevant referrals to housing
resources and available housing units to rent.
ii. Explaining how housing resources will be provided and the process of
searching for decent, safe and sanitary housing to move into.
iii. Explaining how to complete applications to rent a housing unit.
iv. Explaining how their credit history and prior tenant history may affect
renting another housing unit; and, in to assist, if reasonably practicable, in
DOCSOC/1729959v7/200409-0010
EXHIBIT B-1 to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Advisory Services
Page 5
cleaning up their credit so the household might qualify to rent another housing
unit.
e. The Relocation Consultant shall cooperate with and coordinate with the Non-
Profit(s), and any other organizations that can assist Long -Term Occupants with
their move from the Motel to decent, safe and sanitary housing, including help from
agencies that assist with cleaning up and improving credit history.
f. Property Owner shall prepare and provide reference letters to Long -Term
Occupants that have a good record of timely rent payments and compliance with
their rental agreement at the Motel.
3. Moving Payment for Long -Term Occupants toward Expenses to Rent a Housing
Unit.
a. Property Owner agrees to pay to each Long -Term Occupant household for
each Motel unit a money stipend toward assisting and paying for the household's
move from the Motel to a decent, safe and sanitary housing unit (total amount from
below referred to as "Moving Payment"). Moving Payments will occur only after the
Property Owner has provided written notice of Property Closure and lease
termination as described in 1.d. above.
i. The amount of the total stipend for each Long -Term Occupant
household shall not exceed the following:
A. a payment equal to the person/household's prior three (3)
months' rent paid to the Property Owner for their motel unit;
B. plus $1500; and
C. if eligible, a supplemental payment, if any, to be sourced from
the Supplemental Payment Account, with the actual amount to be
determined equitably and fairly based on good cause and actual need
of the household by and among authorized representatives of the
Property Owner and its Relocation Consultant, and as applicable the
Non -Profit.
b. The Moving Payment for Long -Term Occupants is payable concurrent with
but not later than ten (10) days after the household moves from the Property
provided the payment is subject to and conditioned upon:
Move out by the Long -Term Occupant household to occur:
A. as early as February 15, 2016, at the choice of the Long -Term
Occupant, so long as the household provides not less than ten (10)
days written notice to the Property Owner of their intended move -out
date and so long as the household acknowledges receipt of the Notice
of Closure and desire to move out sooner than April 1, 2016; or
DOCSOC/1729959v7/200409-0010
EXHIBIT B-1 to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Advisory Services
Page 6
B. in no event later than July 31, 2016 so long as the occupant
household provides not less than thirty (30) days written notice to the
Property Owner prior to their move -out date. In this manner the
Property Owner must be notified in writing not later than June 30, 2016
of the outside date for move -out of any remaining Long -Term
Occupants.
ii. All persons in the household must vacate the Motel unit and leave the
Property by delivering and handing over their keys on the date of their move
from the Property.
ill. All personal property, vehicle(s) and other personal effects at the
Motel, both in the unit and anywhere else on the Property, shall have been
moved from or properly disposed of at the household's expense at or prior to
their move -out date.
iv. Upon move -out the Motel room shall be in a reasonably undamaged
condition excepting usual wear and tear.
C. The Relocation Consultant will coordinate and cooperate with the
representatives of the Property Owner and the City to cause the check(s) for the
Moving Payment (check remitted by Property Owner per 3.a.i.A. & B. above, plus the
amount, if any, remitted from the Supplemental Payment Account per 1.h. and
3.a.i.0 above) to be delivered to the Long -Term Occupant concurrent with move -out
date or not later than ten (10) days after the move -out date.
i. Occupants who do not give the Property Owner the minimum written
notice may provide in writing to the Relocation Consultant an address for
mailing the Moving Payment check or the occupant may pick up the Moving
Payment check(s) at the Property Owner's main offices located at
4221 Wilshire Boulevard, Suite 480 Los Angeles, California 90010, subject to
satisfying the conditions of 3. above.
4. Lona -Term Occupants Vacating the Motel between August 1 and August 31 2016.
Each and any Long -Term Occupant remaining as of August 1, 2016, but vacating the
Property, handing over their keys, and removing all personal property and effects by not
later than August 31, 2016 will be eligible for a payment that reimburses their last three (3)
months of rent paid to the Property Owner for the Motel room (excluding amenities) minus
pro rata/daily rent for each day past July 31, 2016 in occupancy in their Motel unit. These
"overstay" Long -Term Occupants are not eligible for and shall forfeit the $1500 payment
and are not eligible and forfeit any payment from the Supplemental Payment Account in
their total Moving Payment.
DOCSOC/1729959v7/200409-0010
EXHIBIT B-1 to City Council Resolution No. 15-61
Master Plan PA -14-27, Condition #27
Costa Mesa Motor Inn Long -Term Occupants
Moving Plan/Relocation Advisory Services
Page 7
5. No Moving Payment to Lona -Term Occupants If Any, that Vacate Motel Unit after
August 31, 2016. No Long -Term Occupant person or household shall be eligible for or paid
any kind or amount of a Moving Payment if they vacate their Motel unit on or after
September 1, 2016, and such occupants shall be subject to the normal eviction proceedings
under California law.
6. Moving Payment is Exclusive Financial Assistance from Property Owner. Upon
receipt of the Moving Payment from Property Owner, each Long -Term Occupant household
will have been fully compensated under this Moving Plan and Property Owner will not be
required to provide any other or additional financial assistance under this Exhibit B-1 of the
Entitlement for the Project.
DOCSOC/1729959v7/200409-0010
EXHIBIT C
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