HomeMy WebLinkAbout14-06 Granting Approval to Adopt Zoning Code Amendment - 125 E Baker StreetORDINANCE NO. 14-06
AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, GRANTING
APPROVAL TO ADOPT ZONING CODE AMENDMENT CO -13-02 TO AMEND COSTA
MESA MUNICIPAL CODE TITLE 13 FOR A SITE-SPECIFIC DENSITY OF
58 DWELLING UNITS PER ACRE FOR THE 125 EAST BAKER APARTMENT
PROJECT. THE AMENDMENT IS PROPOSED TO THE FOLLOWING CODE SECTION
IN TITLE 13 OF THE COSTA MESA MUNICIPAL CODE: TABLE 13-58 (PLANNED
DEVELOPMENT STANDARDS) TO ALLOW A SITE-SPECIFIC DENSITY OF
58 DWELLING UNITS PER ACRE FOR THIS PROJECT AT 125 EAST BAKER
STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, The proposed project is a four-story plus loft, 240 -unit apartment complex
(63 -foot maximum height proposed) at a density of 58 dwelling units (du's) per acre with
a six -story parking structure (62.5 -foot maximum height proposed) with 457 parking
spaces and four outdoor on -grade parking spaces, along with the following specific
entitlements:
1. Final Environmental Impact Report (State Clearinghouse #2013081051).
Certification of the Final Environmental Impact Report (EIR) for the project.
2. General Plan Amendment GP -13-02. Change the land use designation of the 4.17 -
acre development site from Industrial Park to High Density Residential. In addition to
the change in land use designation, the general plan amendment also involves text
amendment(s) to the City's General Plan to reflect a site-specific density of 58 dwelling
units per acre, and a site-specific height of six stories.
3. Rezone R-13-02. A rezone (or change) of the zoning classification of the 4.17 -acre
development site from Commercial Limited (CL) to Planned Development Residential
— High Density (PDR -HD).
4. Zoning Code Amendment CO -13-02. A zoning ordinance to amend Costa Mesa
Municipal Code Title 13 for a site-specific density of 58 dwelling units per acre. The
site is proposed to be designated PDR -HD (Planned Development Residential -High
Density) in the City's Zoning Code. The designation allows up to 20 dwelling units per
acre, or 83 dwelling units maximum for the site. The proposed 240 -unit project would
Ordinance No. 14-06 Page 1 of 5
require an amendment to Table 13-58 (Planned Development Standards) to allow a
site-specific density of 58 dwelling units per acre for this project.
5. Master Plan PA -13-11. A Master Plan application for the proposed development of
a four-story plus loft, 240 -unit residential apartment building (63 feet overall height)
that wraps around a six -story parking structure (62.5 feet overall height) with 457
parking spaces in the structure and four outdoor on -grade parking spaces with a
deviation from: on-site parking spaces (538 parking spaces required; 461 parking
spaces proposed).
6. Development Agreement DA -14-02. A Development Agreement between the
applicant and the City of Costa Mesa to fund future public infrastructure improvements
in the area.
WHEREAS, a site specific amendment to the Zoning Code is proposed for a site-
specific density of 58 dwelling units per acre and a site-specific height of 63 feet for the
development of the project as described above.
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on February 24, 2014, and continued to March 24, 2014, with all persons having the
opportunity to speak and be heard for and against the proposal.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
Draft EIR was circulated from November 6, 2013 to December 20, 2013 for public review
and comment.
WHEREAS, the Planning Commission has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines.
WHEREAS, the Federal Aviation Administration (FAA) issued a Determination of
No Hazard To Air Navigation on May 16, 2013, which established a maximum building
height of 111 feet above mean sea level (approximately 65 feet above ground level) for
the proposed project.
WHEREAS, the Airport Land Use Commission for Orange County (ALUC), at their
meeting of January 16, 2014, determined, on a 6-1 vote, that the proposed project was
Ordinance No. 14-06 Page 2 of 5
consistent with the Commission's Airport Environs Land Use Plan (AELUP) for John
Wayne Airport (JWA) and the AELUP for Heliports.
WHEREAS, the Planning Commission, on a 5-0 vote, recommended that City
Council certify the EIR, approve General Plan Amendment GP -13-02 subject to approval
of the final General Plan Amendment Resolution; and approve Rezone R-13-02, Zoning
Code Amendment CA -13-02 and Master Plan PA -13-11, by separate resolutions.
WHEREAS, a duly noticed public hearing was held by the City Council on April 15,
2014, and continued to May 6, 2014, with all persons having the opportunity to speak and
be heard for and against the proposal.
WHEREAS, with the exception of the Final EIR, Development Agreement DA -14-
02, Zoning Code Amendment CO -13-02, and Rezone R-13-02, Master Plan PA -13-11,
will be subject to the approval of the General Plan Amendment Resolution.
SECTION 1: CODE AMENDMENT.
The revised Table 13-58 is presented with changes as underlined and italicized below:
Revised Table 13-58 (Planned Development Standards)
Development
PDR -LD
PDR -MD
PDR -HD
POR -NCM
PDC
PDI
Standard
Maximum Density
8
12
20
35
20
per Section 13-59
MAXIMUM
DENSITY
CRITERIA.
(dwelling units per
Note: See North
Costa Mesa Specific
Plan for exceptions.
Note: The maximum
Note: The maximum
density for 1901 Newport
Boulevard is 40 dwelling
units per acre. See North
Costa Mesa Specific Plan
density for 125 East
acre)
for exceptions.
Baker Street is
58 dwelling units Der
acre fC0-13-021.
SECTION 2: ENVIRONMENTAL DETERMINATION. Pursuant to the California
Environmental Quality Act (CEQA), a Draft EIR was circulated from November 6, 2013 to
December 20, 2013 for public review and comment. The City of Costa Mesa received
written and verbal comments from the general public, government entities, and other
interested parties during the public review period. Written and verbal comments received
from the general public, government entities, and other interested parties were responded
to in the manner prescribed in California Code of Regulations Section 15088. A
Responses to Comment document was prepared which includes responses to comment
on environmental issues received during the public review period of the Draft EIR and
Ordinance No. 14-06 Page 3 of 5
errata pages showing redlined/strikeout revisions reflected in the Final EIR. No significant
new information has been added to the Final EIR and no changes to the proposed project
have occurred which would require recirculation under CEQA Guidelines Section
15088.5. The Draft EIR, Responses to Comments, errata pages identifying revisions to
the Draft EIR, and any other information added by the City constitutes the Final EIR for
this project. The City of Costa Mesa has reviewed all environmental documents
comprising the Final EIR and has found that the Final EIR considers all environmental
impacts of the proposed project and a reasonable range of alternatives, and the Final EIR
is complete, adequate, and fully complies with all requirements of CEQA, the CEQA
Guidelines, and the City of Costa Mesa Environmental Guidelines. The Final EIR for this
project reflects the independent judgment of the City of Costa Mesa.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty (30)
days from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaperof general circulation,
printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post in the office of the City
Clerk a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same.
Ordinance No. 14-06 Page 4 of 5
�Righeimer, Mayor
of Costa Mesa
ATTEST:
Brenda Green, ity Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above Council Ordinance Number 14-06 was
considered at a regular meeting of said City Council held on the 6th day of May, 2014,
and thereafter passed and adopted as a whole at the regular meeting of said City Council
held on the 20th day of May, 2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: Leece
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 21St day of May, 2014.
BRENDA GREEN, CITY CLERK
Ordinance No. 14-06 Page 5 of 5